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HomeMy WebLinkAbout03-1165 B~ & G~oss, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YOR~, PA 17401 717. 848.3078 Fro( 717.848.2777 WWW..eLAKEGROSSLaW. COM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James P. Roxbury Plaintiff VS. Sylvia A. Stark Defendant NO. CIVIL ACTION - LAW EJECTMENT NOTICE TO DEFEND AND CLAIM RIGHTE You have been sued in Court. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering appearance personally or by attorney to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 BL4~ & GRoss, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK,, PA 17401 717. 848. 3078 F.~x 717. 848.2777 WWW. BLAKEGROSSLAW. COM AVISO USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion dentro veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en person or por abogado y presentar en la Corte por escrito sus defensas o sus objeciones a leas demandas en su contra. Se le avisa que si no se defiende, el caso puede proceder sin usted y la Corte puede decidir en su contra sin mas aviso o notificacion por cualquier otra queja o compensacion reclamados por el demandante. USTED PUEDER PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO, SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Bz~4~ & G~oss, L.L C ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK,, PA 17401 717.848.3078 FAX 717. 848.2777 ~ BLAI(t?GROSSLA W. CON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James P. Roxbury · Plaintiff · Sylvia A. Stark · Defendant · NO. OZ - CIVIL ACTION - LAW EJECTMENT COMPLAINT AND NOW, this the ~day of March, 2003, comes the Plaintiff, James P. Roxbury, by and through his counsel, Kurt A. Blake, Esquire, of Blake & Gross, LLC and in support of this complaint, avers as follows: The Plaintiff, James P. Roxbury, is an adult individual with an address of 512 North Third Street, Harrisburg, PA 17101. o The Defendant, Sylvia A. Stark, is an adult individual with an address of 43 Oakwood Drive, Borough of Wormleysburg, Cumberland County, Pennsylvania (the "premises"), more fully described in the legal description attached as Exhibit "A'. Plaintiff is the record owner of the premises where Defendant resides, having acquired title by virtue of that certain Tax Sale held on December 5, 2002. Said deed is not yet recorded in the Recorder of Deeds Office in and for Cumberland County, PA. 4. Defendant has no valid legal right to possession of the premises. BLAKE e~ GROSS, L.L.C. ATTORNEYS dND COUNSELLORS AT L,4W 29 EAST PHILADELPHIA STREET YORK,, PA 17401 717.848.3078 FAX 717. 848.2777 ~ BLAKEGROSSLAW. COM Plaintiff claims the right to possession of the premises to the exclusion of the Defendant. Since Plaintiff has commenced his ownership on or about December 5, 2002, the Defendant has occupied said property, without the payment of any rent. Plaintiff is entitled to an award of the reasonable rental value for said property, which Plaintiff believes to be no less than $600.00 per month. 8. Defendant owes to Plaintiff outstanding rental amounts of $2303.23. Defendants will continue to incur a monthly rental obligation to Plaintiff. WHEREFORE, Plaintiff seeks judgement for possession of the aforesaid premises, as well as an award of rental fees of $2,303.23, plus $600.00 per month from the date of the filing of this complaint. BY: Respectfull~Submitted: Blake &~ss, LLC ur~~/./l i~ake, Esquire Attorne, ID NO. 68791 29 East Philadelphia Street York, PA 17401 (717) 848-3078 B~ ~ G~oss, L.L.C. ATTORN~ Y~VD COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK,, PA 17401 717.848.3078 Fax 717.848.2777 WW!IZ. BLAKEGROSSLAW. COM VERIFICATION I, the undersigned, hereby verify that the statements in the foregoing Complaint are true and correct to the best of my understanding. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. Section 4904, relating to Unsworn Falsifications to Authorities. DATE: BL4K~ ~ G~OSS, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EaST PHILADELPHIA STREET YORJ(, PA 17401 717.848.3078 Fa:( 717.848.2777 WWW. BLAKEGROSSLAW. COM "EXHIB IT A' COPY SYLVIA A. STARK, : IN THE COURT OF COMMON PLEAS Objector : OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : : TAX CLAIM BUREAU OF CUMBERLAND : COUNTY and GENEX PROPERTIES, LLC : Defendants : OBJECTIONS A/gD EXCEPTIONS TO TAX SALE PURSUANT TO 72 P.S. §5860.607(b) AND (d) TO THE HONORABLE JUDGES OF SAID COURT: The Objections and Exceptions of Sylvia A. Stark, by her attorney, Norman M. Yoffe, Esquire, respectfully represents: 1. That she is the legal and equitable owner of real estate known and numbered as 43 Oakwood Drive, Borough of Wormleysbur~, Cumberland County, Pennsylvania. 2. That she was and is the owner-occupant of subject real estate within the meaning of 72 P.S. §5860.102 of the hereinafter cited act. 3. That the aforesaid real estate is also known by the Cumberland County tax assessment designation of 47-20-1856-027. 4. That on December 5, 2002, subject real estate was sold by the Cumberland County Tax Claim Bureau (TCB) at an upset ~le~for delinquent 2000 taxes. 5. That the purchaser of subject real estate at s~'~'::sa~ was~; Genex Properties, LLC, of 512 N. 3ra Street, Harrisburg, 17%~ the purchase price of $16,178.88. 6. That the aforesaid sale was improper, invalid and illegal, and not in compliance with the provisions and mandates of the Real Estate Tax Sale Law of July 7, 1947, P.L. 1368 No. 542, §101 et seq., 72 P.S. §5860.601 et seq., (Act), for the following reasons: a) Prior to the tax sale, Plaintiff paid more than 25% of the County, Borough and School taxes for the year 2000 (bein9 the taxes for the year for which subject real estate was sold). b) Plaintiff had paid to the TCB $300.00 on September 26, 2002 and another $700.00 on the same date (several minutes later). c) The total taxes for year 2000 was the sum of $3,603.54. d) Although the 2001 taxes were then due in the amount of $4,097.85, the tax claim for these had not become absolute. e) Nothwitstandin~ owners payment of more than 25% of the year 2000 taxes, the TCB failed to fulfill its affirmative duty to advise owner of the option to enter into an installment agreement to pay the balance of the taxes, as required by §5860.603 of the Act (and appellate cases relating thereto). f) The notices provided by the TCB with respect to the certified notice required by 72 P.S. ~5860.602(e) (1) of the Act, the posting notice required by 72 P.S. §5860.602(e) (3) of the Act, the published notice required by 72 P.S. ~5860.602(a) of the Act and the owner-occupant notice required by 72 P.S. §5860.601(a) (3) of the Act were erroneous and misleading in that: (1) Said notice (in the next to last paragraph) refers to a statutory reference of 72 P.S. §560.502(a) and 503(a), when in fact there ~re no such sections in Purdon's Pennsylvania Statutes. (2) These Purdon's references are obviously intended to refer to 72 P.S. §5860.502a and §5860.503a, but those sections have nothing to do with the 25% rule, which is the subject of ~5860.603. (3) The last sentence of the paragraph heretofore referred to in the aforesaid notice then provides that the installment option provision isn't applicable in Cumberland County (in bold type). (4) Cumberland County has no authority to vitiate the provision of §5860.603 and in fact has not done so. (5) What Cumberland County may have made inapplicable are the provisions of §5860.502a and §5860.503a which by its own specific verbiage makes same applicable in a particular County only at the option of that County. (6) Owner was misled by the foregoin9 verbiage and in fact believed that the installment option of 72 P.S. §5860.603 wasn't available to her regardless of what percentage she paid on her due taxes, and that nothing less than 100% payment prior to sale would stop subjeCt real estate from being sold. The foregoing is also consistent with the specific (albeit erroneous) advice 9iven to her by the TCB clerk. g) In addition thereto, subject real estate was not properly posted in that when the posting officer had only (probably partially) affixed the notice to the front door of subject real estate, owner came to the door, whereupon the poster removed the notice fro~i the door and handed same to owner. 7. By virtue of the foregoing, the sale was illegal and improper and should be voided. 8. O,~ner requests the opportunity after further review of the sale and the records, pertaining thereto to amend and/or supplement her Objections and Exceptions with additional reasons for justifying the voidin~of the sale. YOFFE & YOFFE, P.C. NORMAN M. YOFFE, ESQUIRE Attorney for Objector 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 stark\obj ect ions SYLVIA A. STARK, : IN THE COURT OF COMMON PLEAS Objector : OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : : NO. TAX CLAIM BUREAU OF CUMBERLAND : COUNTY and GENEX PROPERTIES, LLC : Defendants : VERIFICATION I hereby state that I am an adult individual who is authorized to make tkis verification and that the facts set forth in the foregoing Objections and Exceptions are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. BL4K~ ~ GROSS, L.L.C. ATTORNEYS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET YORK, PA 17401 717. 848. 3078 Fax 717.848.2777 WWW.. BLAKEGROSSLAW. COM IN THE COURT OF COMMON PLEAS OF Oat~t~!:EL~wI)COUNTY, PENNSYLVANIA James P. Roxbury VS. Sylvia A. Stark Plaintiff Defendant No. 03-1165 CIVIL ACTION - LAW EJECTMENT PRAECIPE TO REINSTATE PROTHONOTARY: Please reinstate the complaint in ejectment filed on March 14, 2003, for the Plaintiff, James P. Roxbury. 5~}lq day of April, 2003 BY:~~A. Blake, Esquire I.D. No. 68791 29 East Philadelphia Street York, Pennsylvania 17401 (717) 848-3078 B~v~ ~ G~oss, L.L.C. ATTORNEYS .a~VD COUNSELLORS AT L4w 29 ~ST PHI~DELPHIA ST~ET Yo~ PA 17401 71Z 848.3078 F~ 71Z848.2777 ~B~GROSS~ COM IN THE COURT OF COMMON PLEAS OF £,tl~P,l~t)COUNTY, PENNSYLVANIA James P. Roxbury VS. Sylvia A. Stark Plaintiff : : : : Defendant · No. 03-1165 CIVIL ACTION - LAW EJECTMENT CERTIFICATE OF SERVICE I, the undersigned do hereby certify that I have served a true and correct copy of the foregoing upon the following person by United States Mails, First Class, Postage pre- paid and addressed as follows: Sheriff's Office Cumberland County Courthouse One Courthouse Square Carlisle PA 17013 (~5~¥Xday of April, 2003 Norman M. Yoffe, Esquire 214 Senate Avenue, Suite 203 Camp Hill PA 17011 By: Blake, Esquire I.D. No. 68791 29 East Philadelphia Street York, Pennsylvania 17401 (717) 848-3078 BZ.4KE & GROSS, L.L.C. ..,{TTORNEFS AND COUNSELLORS AT LAW 29 EAST PHILADELRHL4 STREET YORK, PA 17401 71Z 848.3078 F,,~x 71 Z848.2777 ~ BLAKEGROSSLAW. COM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James P. Roxbury · Plaintiff · VS. . Sylvia A. Stark · Defendant · NO. 03 - l lt. S CIVIL ACTION - LAW EJECTMENT NOTICE TO DEFEND AND CLAIM RIGHTg You have been sued in Court. If you wish to defend against the claims set forth in the foregoing pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering appearance personally or by attorney to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 ' (717) 249-3166 TRUE COPY FROM RECORD tn Testimony when'eof, I here unto set my ha~ axt the seal of s,~d C~rt at Carlisle, Pa. AVISO USTED HA SIDO DEMAND:ADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe romar accion dentro veinte (20) dias a partir de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en person or pot abogado y presentar en la Corte pot escrito sus defensas o sus objeciones a leas demandas en su contra. Se le avisa que si no se defiende, el caso puede Proceder sin usted y la Corte puede decidir en su contra sin mas aviso o nofificacion por'cualquier otra queja o compensacion reclamados por el demandante. USTED PUEDER PERDER DINERO, O PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO, SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 BLAK~ & GROSS, L.L.C. ATTORNEYS AND Cou~s£zzo~ aT 29 EAST PHILaDELI'HI,,I STREET Yomc, PA 17401 71Z 848.3078 Fax 71Z 848. 2777 · m,~.BLaKZ¢~OSSLaW. COM Bza~ & GRoss, LL.C. A 7'TORNEYS AND COUNS£~O~S ~r Law, 29 EaST PHILADELPHIA S TRE£T YORdC,, PA 17401 71Z 848.3078 Fax 717.848.2777 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James P. Roxbury · Plaintiff · Sylvia A. Stark · Defendant · NO. CIVIL ACTION - LAW EJECTMENT COMPLAINT AND NOW, this the day of March, 2003, comes the Plaintiff, James P. Roxbury, by and through his counsel, Kurt A. Blake, Esquire, of Blake & Gross, LLC and in support of this complaint, avers as follows: The Plaintiff, James P. Roxbury, is an adult individual with an address of 512 North Third Street, Harrisburg, PA 17101. o The Defendant, Sylvia A. Stark, is an adult individual with an address of 43 Oakwood Drive, Borough of Wormleysburg, Cumberland County, Pennsylvania (the "premises"), more fully described in the legal description attached as Exhibit "A'. Plaintiff is the record owner of the premises where Defendant resides, having acquired title by virtue of that certain Tax Sale held on December 5, 2002. Said deed is not yet recorded in the Recorder of Deeds Office in and for Cumberland County, PA. Defendant has no valid legal right to possession of the premises. B~ & GRoss, L.I_ C. ATTO RNE FS AND COUNSEZZO~ AT 29 ~ST Pm~ogz~H~ Sr~r Yo~ PA 17401 71Z848.3078 F~ 71Z848.2777 ~ B~GRO~ COM Plaintiff claims the right to possession of the premises to the exclusion of the Defendant. Since Plaintiffhas commenced his ownership on or about December 5, 2002, the Defendant has occupied said property, without the payment of any rent. Plaintiff is entitled to an award of the reasonable rental value for said property, which Plaintiff believes to be no less than $600.00 per month. 8. Defendant owes to Plaintiff outstanding rental amounts of $2303.23. Defendants will continue to incur a monthly rental obligation to Plaintiff. WHEREFORE, Plaintiff seeks judgement for possession of the aforesaid premises, as well as an award of rental fees of $2,303.23, plus $600.00 per month from the date of the filing of this complaint. BY: Respectfullj~Submitted: Blake &ff~ss, LLC Attorney ID NO. 68791 29 East Philadelphia Street York, PA 17401 (717) 848-3078 VERIFICATION I, the undersigned, hereby verify that the statements in the foregoing Complaint are true and correct to the best of my understanding. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. Section 4904, relating to Unsworn Falsifications to Authorities. DATE: B~ & GRoss, L.L.C. ATTORNEYS AND COUNS£tLO~ aT Law 29 E~ST PHZLaOEL~ma StUarT Yo~ PA 17401 71Z848.3078 F~ 71Z848.2777 ~B~GROSS~ COM B~ & GROSS, I..L C. ATTORAtEI,'S AND COUNSELLOI~ AT L,4w 29 EaST PmI-~D£LI'HI,4 STREET YO~4, PA 17401 717. 848.3078 Fax 717.848.2777 ~ s~affc~ossz~. COM "EXHIB IT A' coPY SYLVIA A. STARK, : IN THE COURT OF COMMON PLEAS Objector : OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : : TAX CLAIM BUREAU OF CUMBERLAND : COUNTY and GENEX PROPERTIES, LLC : Defendant s : OBJECTIONS AND EXCEPTIONS TO TAX SALE PURSUANT TO 72 P.S. '§5860.607(b) AND (d) TO THE HONORABLE JUDGES OF SAID COURT: The Objections and Exceptions of Sylvia A. Stark, by her attorney, Norman M. Yoffe, Esquire~ respectfully represents: 1. That she is the legal and equitable owner of real estate known and numbered as 43 Oakwood Drive, Borough of Wormleysburg, Cumberland Col/nty, Pennsylvania. 2. That she was and is the owner-occupant of subject real estate within the meanin9 of 72 P.S. §5860.102 of the hereinafter cited act. 3. That the aforesaid real estate is also known by the Cumberland County tax assessment designation of 47-20-'1856-027. 4. That on December 5, 2002, subject real estate was sold by the Cumberland County Tax Claim Bureau (TCB) delinquent 2000 taxes. 5. That the purchaser of subject real Genex Properties, LLC, of 512 N. 3rd Street, the purchase price of $16,178.88. 6. at an upset ~-~le~ for .} ~.'_,'~ .'.~ -;~ estate at f~; That the aforesaid sale was improper, invalid a~d illegal, and not in compliance with the provisions and mandates of the Real Estate Tax Sale Law of July 7, 1947, P.L. 1368 No. 542, 9101 et seq., 72 P.S. 95860.601 et seq., (Act), for the following reasons: a) Prior to the tax sale, Plaintiff paid more than 25% of the County, Borough and School taxes for the year 2000 (being the taxes for the year for which subject real estate was sold). b) Plaintiff had paid to~ the TCB $300.00 on September 26, 2002 and another $700.00 on the same date (several minutes later). c) The total taxes fbr year 2000 was the sum of $3,603.54. d) Although the 2001 taxes were then due in the amount of $4,097.85, the tax claim for these had. not become absolute. e) Nothwitstanding owners payment of more than 25% of the year 2000 taxes, the TCB failed to fulfill its affirmative duty to advise owner of the option to enter into an installment agreement to pay the balance of the taxes, as required by §5860.603 of the Act (and appellate cases relating thereto). f). The notices provided by the TCB with respect to the certified notice required by 72 P.S. §5860.602(e) (1) of the Act, the posting notice required by 72 P.S. §5860.602(e) (3) of the Act, the published notice required by 72 P.S. §5860.602(a) of the Act and the owner-occupant notice required by 72 P.S. §5860.601(a) (3) of the Act were erroneous and misleading in that: (1) Said notice (in the next to last paragraph) refers to a statutory reference of 72 P.S. §560.502(a) and 503(a), when in fact there Rre no such sections in Purdon's Pennsylvania Statutes. (2) These Purdon's references are obviously intended to refer to' 72 P.S. §5860.502a and §5860.503a, but those sections have nothing to do with the 25% rule, which is the subject of §5860.603. (3) The last sentence of the paragraph heretofore referred to in the aforesaid notice then provides that the installment option provision isn't applicable in Cumberland County (in bold type). (4) Cumberland County has no authority to vitiate the provision of §5860.603 and in fact has not done so. (5) What Cumb6rland County may have made inapplicable are the provisions ~..of §5860 502a and §5860.503a which by its own specific verbiage makes same applicable in a particular County only at the option of that County. (6) Owner was misled by the foregoing verbiage and in fact believed that the installment option of 72 P.S. §5860.603 wasn't available to her regardless of what percentage she paid on her due taxes, and that nothing less than 100% payment prior to sale would stop subject real estate from being sold. The foregoing is also consistent with the specific (albeit erroneous) advice given to her by the TCB clerk. 9) In addition thereto, subject real estate was not properly posted in that when the posting officer had only (probably partially) affixed, the notice to the front door of subject real estate, owner came to the door, whereupon the poster removed the notice fro~i the door and handed same to owner. 7. By virtue of the foregoing, the sale was illegal and improper and should be voided. 8. O,~ner requests the opportunity after further review of the sale and the records, pertainin9 thereto to amend and/or supplement her Objections and Exceptions with additional reasons for justifying the voiding.of the sale. YOFFE & YOFFE, P.C. NORMAN M. YOFFE, ESQUIRE Attorney for Objector 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney ID No. 07135 stark\objections SYLVIA A. STARK, : IN THE COURT OF COMMON PLEAS Objector : OF CUMBERLAND COUNTY, PENNSYLVANIA VS. : : NO. TAX CLAIM BUREAU OF CUMBERLAND : COUNTY and GENEX PROPERTIES, LLC : Defendants : VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the.facts set forth in the fore~oin9 Objections and Exceptions are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the~ penalties of 18 Pa. C.S. §4904 relating to unsworn falsificatio~ to authorities. SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-01165 P COMMON, WEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ROXBURY JAMES P VS STARK SYLVIA A R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT STARK SYLVIA A unable to locate Her COMPLAINT - EJECTMENT in his bailiwick. but was He therefore returns the the within named DEFENDANT , STARK SYLVIA A 43 OAKWOOD DRIVE WORMLEYSBURG, PA 17043 UNABLE TO SERVE PRIOR TO EXPIRATION, ALTHOUGH NUMEROUS ATTEMPTS WERE MADE. , NOT FOUND , as to Sheriff's Costs: Docketing 18.00 Service 22.08 Affidavit .00 Surcharge 10.00 Not Found 5.00 55.08 So answers R. Thomas Kline Sheriff of Cumberland County BLAKE & GROSS 05/12/2003 Sworn and subscribed to before me this /g ~ day of ~ A.D. Pl~o~honot ary BLm~ & GnOSS, L.L.C. .4 TTO RdVE YS AND COUNSELLORS AT LAW 29 EAST PHILADELPHIA STREET Yoig,, PA 17401 717.848.3078 Fag 717.848.2777 WWW. BL4KEGROSSLA W. COM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES P. ROXBURY, Plaintiff Vs. SYLVIA A. STARK, Defendant No.: 03-1165 Civil Action - Law Action in Ej ectment PRAECIPE TO REINSTATE Please reinstate the complaint in ejectment filed on 4rch 14, 2003, and for the first time reinstated April 11, 2003, for the PlaintiI1; Jam~Roxbury. 1 ~th r- l:, ~ay of May, 2003 By: · Kurt A. B ~.q, Esquire I.D. No. 68791 29 East Philadelphia Street York, Pa 17401 (717) 848-3078 SHERIFF'S RETURN CASE NO: 2003-01165 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ROXBURY JANES P VS STARK SYLVIA A - REGULAR CPL. TIMOTHY REITZ , Cumberland County,Pennsylvania, says, the within COMPLAINT - EJECTMENT was served upon STARK SYLVIA A DEFEND~NT , at 0856:00 HOURS, on the 29th day of May at CUMBERI2~ND COUNTY COURTHOUSE CARLISLE, PA 17013 SYLVIA A. STARK Sheriff or Deputy Sheriff of who being duly sworn according to law, ONE COURTHOUSE SQ by handing to a true and attested copy of COMPLAINT - EJECTMENT the , 2003 together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service .00 Affidavit .00 Surcharge 10.00 .00 28.00 Sworn and Subscribed to before me this /~ day of  ~-~ A.D. thonotary So Answers: R. Thomas Kline 05/29/2003 BLAKE & GROSS