IN THE FRANKLIN COUNTY MUNICIPAL COURT, CIVIL DIVISION

COLUMBUS, OHIO

WHOLESALE AUTOBODY MATERIALS )

MOBILE OUTLET (WAMMO), LLC, et al ) CASE NO:
Plaintiffs, )
) JUDGE:
vs. )
) MOTION FOR ORDER OF
DONALD N. THOMAS, dba ) POSSESSION
Defendant. )

Plaintiff WAMMO moves this Court pursuant to Ohio Revised Code Section 2737.03 for

an order of possession directing the Sheriff of Franklin County, Ohio to seize and forthwith

deliver to plaintiff the following personal property now in possession of defendant and

wrongfully detained by him:

One (1) Magellan Maestro 4040 Vehicle GPS Receiver (a vehicle navigation

system); and

One (1) Acer Aspire 5050/3050 Series laptop computer, fully equipped with software,

wireless capabilities and a proprietary list of auto body dealers located in the vicinity of

Franklin County, Ohio and the surrounding area.

These items may be located anywhere at defendant’s residence at 1239 Action Road,

Columbus, Ohio 43224, in any motor vehicle owed or operated by him or within his custody or

control, including any tow truck(s) owned or operated by him or in his custody or control

whether located at his aforementioned residence or located, parked or stored at the residence of

defendant’s father located at 3126 Hiawatha Street, Columbus, Ohio 43224.

Plaintiff WAMMO motion is based on the grounds that defendant obtained possession of

said property pursuant to a verbal contractual agreement in which defendant agreed to work for
plaintiff WAMMO as a sales representative for the same of auto body supplies and materials for

plaintiff.

On or about December 20 one, 2007, defendant breached the agreement without prior

notice or explanation by stop reporting for work and by failing to return the plaintiff’s equipment

and proprietary dealers’ list of addresses and contact information. Plaintiff has demanded return

of the property, and defendant has promised but, nevertheless, continues to wrongfully detain the

property to this day.

An Affidavit in support of this motion is attached and incorporated hereto and identified

as Exhibit “A”.

WHEREFORE, plaintiff WAMMO moves this Court to grant this motion for the Sheriff

of Franklin County, Ohio, to seize the items of property described herein for return to plaintiff.

Respectfully submitted,

______________________________
Ester D. Harber, 0025439
4153 Cadillac Ct, Ste E
Columbus, Ohio 43232
614/861-1903 (telephone/fax)
jvdetal@yahoo.com (email)
STATE OF OHIO }
} ss. AFFIDAVIT OF PLAINTIFF WAMMO
COUNTY OF FRANKLIN }

Danny W. Birt, being duly sworn and authorized in his capacity as a general partner of
Wholesale Autobody Materials Mobile Outlet (WAMMO), a limited liability company organized
and doing business under the laws of the State of Ohio and operating in Franklin County, Ohio,
and also authorized in his capacity as a general partner of Nick’s Towing, a general partnership
organized and doing business under the laws of the State of Ohio and operating in Franklin
County, Ohio, and says as follows:

1. The specific property claimed by plaintiff which is the subject of plaintiff’s

motion for order of possession is as follows:

(a) One (1) Magellan Maestro 4040 Vehicle GPS Receiver (a vehicle navigation
system) valued at proximately $460.00; and

(b) One (1) Acer Aspire 5050/3050 Series laptop computer, fully equipped with
software, wireless capabilities, valued at approximately $500.00 and a
proprietary list of auto body dealers the vicinity of Franklin County, Ohio and the
surrounding area, with an estimated value of $5,000.00.

2. Plaintiff is the true and sole owner of the above described property as indicated in
purchase receipts attached hereto and identified as Exhibits “1” and “2”, respectively.

3. Plaintiff is entitled to immediate possession of this property as a direct result of

defendant’s termination of the oral agreement to work as an independent sales agent for plaintiff
in obtaining clients in the auto body business for the purchase of plaintiff’s auto body supplies
and materials.

4. Defendant lawfully came into possession of the aforementioned equipment and

data pursuant to the above stated agreement. Plaintiff fully performed its part of the agreement
by supplying the equipment, the contact data, the transportation and advance draws against the
first few sales in order to provide defendant advanced income until defendant produced sales for
which he would be paid twenty per cent (20%) commission for each generated sale.

5. On several occasions from November 2007 to the present, plaintiff through its
partners, personally talked with defendant requesting the return of the said property and
defendant made promises that he would return all of the property to plaintiff, all to no avail and
defendant continues to wrongfully detain said property as of this date.

6. Defendant has no legitimate reason for refusing to return the said property to
plaintiff, and defendant’s persistent refusal to return the property is daily causing a loss of
revenues to plaintiff’s new business.
 7. At this time plaintiff is without actual knowledge of the extent to which defendant
is using plaintiff’s proprietary dealer’s list which list is a very valuable and necessary asset of
plaintiff’s business and defendant’s continual withholding of this data is hampering the present
and future business transactions and may impair the goodwill and business opportunities for
following up on contact calls that defendant may have made.

8. Plaintiff, through its agents, has cause to believe that defendant may be using the
computer and or the aforesaid vehicle navigation system for his personal use as well as for his
motor vehicle towing business and defendant’s said business may be operating under the name of
“Nick’s Towing”, a name registered with the Ohio Secretary of State, for another business in
which the affiant, Danny W. Birt, is a partner.

9. At all times relevant, defendant is not and has never been a partner of the business
called Nick’s Towing, nor has defendant been given permission to use the name of “Nick’s
Towing” after discontinuation of his employment from the company.

10. Plaintiff, through its agents, believes to the best of its knowledge that defendant
may be using and storing the computer and/or vehicle navigation system and/or the proprietary
dealers’ list in tow truck(s) owned or operated by him which may be stored or parked at his
residence at 1239 Action Road, Columbus, Ohio 43224 or on his father’s property located at
3126 Hiawatha Street, Columbus, Ohio 43224.

11. Plaintiff is and will continue to b damaged by defendant’s continued possession of

the aforesaid property and it will continue to be deprived of the value and use of said property in
its own business operations.

12. The aforesaid property has not been taken for any tax, assessment or fine pursuant
to statute nor has it been seized upon execution of any judgment against the property of plaintiff.

FURTHER AFFIANT SAYETH NAUGHT.

______________________________
Danny W. Birt, in his capacity as a
general partner in WAMMO and in
his capacity as a general partner in
Nick’s Towing

SWORN TO and subscribed in my presence before me, a Notary Public, on this _______
day of _______________, 2007.

___________________________________
NOTARY