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Home My WebLink About01-06410 1:., ~ ~~. .,J.~ ~..... ~. ~~ ~~ -< "'<.."''''' ,'. , , '~,'"""" l~ ,"',-" :'~ ,'.,~ ~t. . ... .. 10HNBUHAY, Plaintiff v, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY,PENNSYL V ANIA : No. &1- t,?jltJ tk;/ WEST SHORE REGIONAL POLICE DEPT" Defendant CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set form in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a 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 by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE TillS 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LillERTY AVE. CARLISLE, PA 17013 TELEPHONE: 800-990-9108 ~1 -~ - L - ~ ",- -i-" ' = ~-_i -, ',= -";'-'~~&d" -~ . .... .. JOHN BUHAY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. ~ tJ/ - (,t//tfl WEST SHORE REGIONAL POLICE DEPT., Defendant CIVIL DMSION COMPLAINT IN REPLEVIN AND NOW comes Plaintiff John Buhay, by and through his attorney, Allen C. Welch, and files the following Complaint, respectfully representing as follows; I. Plaintiff is John Buhay, an adult resident of the Commonwealth, DOB June 15, 1973, SSN 158-82..3982, who resides with his wife, Karen, at 301 East Crestwood Drive, Camp Hil~ Cumberland County, P A 17011. 2. Defendant is the West Shore Regional Police Department, a law enforcement agency with its headquarters at 301 Market Street, Lemoyne, Cumberland County, P A. 3. In this quasi -criminal matter, Defendant is represented by M. L. Ebert, District Attorney of Cumberland County, 4. This action is brought to compel the return of two firearms: one Winchester Model 7308 and one Savage .308. 5. On January 28,2001, Plaintiff had an argument with his wife. 6. Petitioner, at that time, had one of the subject rifles in his vehicle. 7. Plaintiff threatened to take his own life. 8. Plaintiff's wife call 911 and Officer Strayer of Defendant Police Department responded. __."""'~_~ J~ ..........~~ --. " I " - ' "--'" ,-' , '[ ~ I~'t;:illl:io.k, . .... , 9. Correctly assessing the situation, Officer Strayer wisely took Plaintiff to the Holy Spirit Hospital, where he was committed pursuant to section 302 of the Mental Health Procedures Act. 10. Plaintiff was discharged three days later with a clean bill of health. 11. No criminal charges were brought. 12. No person was injured in any way. 13. At the time of the incident, Officer Strayer wisely and properly took custody of Plaintiffs two rifles, the subject Winchester 7308 and Savage .308. 14, Plaintiff was and is the proper owner of these rifles, 15. Officer Strayer has indicated his absence of opposition to the return of these rifles. 16. District Attorney M. L. Ebert has indicated to undersigned counsel, through Detective Les Frehling, his absence of objection to the return of the subject rifles but believes the Mental Health Procedures Act requires a Court order be entered before they can be returned. WHEREFORE, Plaintiff prays this Honorable Court will enter an Order directing the return of subject rifles to Plaintiff. H!brpr ~spectfu1ly ~b~" (! rJ< {U.~ -- Allen C. Welch, Esquire COSTOPOULOS & WELCH 1400 N, 2nd Street Harrisburg, PA 17102 (717)-221.0900 Attorney for Plaintiff ~- .-, :.<iJ;""'';~.:;;:;':;:__IJj~ ~~ ._. ~ 0',,-. . ~.' r_ f: "LllIii1lJiOll:w.ijfu,i . - . JOHNBUHAY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : No. WEST SHORE REGIONAL POLICE DEPT., Defendant CIVIL ACTION - LAW : JURY TRIAL DEMANDED ATTORNEY VERIFICATION Undersigned counsel, Allen C, Welch, Esquire, hereby verifies and states that: 1. He is the attorney of record for John Buhay. 2, He is authorized to make this verification on his behalf 3. The facts set forth in the foregoing motion are known to him and not necessarily to his client. 4, The facts set forth in the foregoing motion are true and correct to the best of his knowledge, information and belief. 5. He is aware that false statements herein are made subject to the penalties of 18 Pa,C.S. ~4904 relating to unsworn falsification to authorif , \\ ~ V7 Allen C, Welc , Esquire COSTOPOULOS & WELCH 1400 North Second Street Harrisburg, Pennsylvania 17102 Pa, Supreme Ct. ID No. 34962 Telephone: (717) 221-0900 Fax: (717) 221-0904 ATTORNEY FOR PLAINTIFF Date: B, ~, 'z,jn='~ ~""~~~~Imi!~M!l.ro i--_'ii~{i1m!l&ll~jJ!g")1k;.';~,~Jc'o/ei'.fu,i&.\&i:,'!,_~im~j"'ir@l~i~l<i~j~i.i:~1"~it1'~'"*,,~~AAii'-:JF~~dlli - . ~ lJL:"ihiil:.lllIl . ~-- c C. ~~ 7': ~ ~ ~ -cl<' :-::') ~ ~ rri I';~ .,-- Z~:, l f '\ ~ UjS_'.;, C>_' ~ " '^' r:::: c-, ...... ~ ~ "- :'--, "- " 5S~i "'<\ ~ ,---, " , "'t \ "" '-..-' -'-i ~ , ","..- ~c,,"' , :::! OJ =< ~ \ ~ ~i.l"LJ . !llnTI fl!ll,I!IJUilIlII!IW~"l",~","I#I'?"O"I,JP!,IM,~,li!L,~..IlIlll! ,IllIJLL ."".,,,1\,,,,, ,,,,.lA,,,,,,, '''''''''' ',", ",," ""'" ' __ ,~~= ~ -- ""'" ~""*...".~~~ -'-~~ ~,","riv ._~ 11- ).. L-,_ ~ -.. ~ ",' ~_"ili .' "' '"._"''-~',""~l:iiilil' SHERIFF'S RETURN - REGULAR CASE NO: 2001-06410 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BUHAY JOHN VS WEST SHORE REGIONAL POLICE DEP CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - REPLEVIN was served upon WEST SHORE REGIONAL POLICE DEPT the DEFENDANT at 1012:00 HOURS, on the 15th day of November, 2001 at 301 MARKET ST LEMOYNE, PA 17043 by handing to HOWARD DOUGHERTY, CHIEF a true and attested copy of COMPLAINT - REPLEVIN together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 10.40 .00 10.00 .00 38.40 ~~<~~ R. Thomas Kline 11/16/2001 ALLEN C WELCH JR Sworn and Subscribed to before By: " -p me this -'-<<- day of "7Ltn~ :LevI A.D. ~ () 'nu.fj;, ,'g,,~ rothonotary I o~~ ~ ,~ "-~ " '.., --,,;1.: ,~" ' j~~,"., , .', ;', ' , ~:vJ~, ~ , UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF PENNSYLVANIA INRE: BARRY L. TURNER Debtor( s) CASE NO.: 01-06410 ORDER m 1 2 1lIIl! L Clerk, U.S. Bankruptcy Court FILED I HARRISBURG PA VS. TONYA WILLIAMS CHAPTER 7 AND NOW on this Mday of Judicial Lien, which impairs an exemption of the Debtor, 2002, upon the Debtor's Motion to Avoid and Cancel a is hereby ordered and directed as follows: 1. The Judicial Lien entered of record in 98-5104 Civil Term is hereby cancelled and avoided, 2, The Prothonotary of Cumberland County shall cancel and avoid of record said liens. 3. Further, the Recorder of Deeds in and for the County of Cumberland is directed forthwith to take whatever steps are necessary and appropriate to release, cancel and avoid the within referenced Judicial Lien and remove same from the local judgment index. All action necessary to remove the lien must occur in order for the property to proceed to sale. BY THE COURT: IsI Robert J. Woodside ROBERT J, WOODSIDE UNITED STATE BANKRUPTCY JUDGE DATE: CERTIFIED FROM THE RECORD this~ '-J ~ day of ~ IlYuAli ~ b/= ' 20 Q.!:6. Clerk, U.S. Bankruptc~ Court Per {)~ hm c:LII-o. 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