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Home My WebLink About99-06770J s o? r v O all h i? KINGSBURY ASSOCIATES, Plaintiff V. JUSTIN SAGE, Defendant IN THE COURTS OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW G 770 gg CIVIL TERM IN EJECTMENT N 0 T I C E You have been sued in court. If you wish tomdefend against the claims set forth in the following pages, you 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 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 ^ n , BY AAA.) Andes rew C. Sheely<J5qu-1'Z@_.. PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiff KINGSBURY ASSOCIATES, : IN THE COURTS OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. 99 _ '7I0 CIVIL TERM JUSTIN SAGE, IN EJECTMENT Defendant COMPLAINT Plaintiff, Kingsbury Associates, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Complaint and respectfully avers as follows: 1. Plaintiff is Kingsbury Associates, a Pennsylvania general partnership, with its principal place of business located at 2920 Dickinson Avenue, Camp Hill, Pennsylvania 17011. 2. Defendant, Justin Sage, is an adult individual, residing at Lot No. 11, Kingsbury Mobile Home Park, 5169 East Trindle Road, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff, Kingsbury Associates, is the record legal owner of certain real estate being improved with a mobile home park, being known as Kingsbury Mobile Home Park, same being situate in Hampden Township, Cumberland County, Pennsylvania, having been acquired by Deed dated August 10, 1992 and recorded September 11, 1992 in the Cumberland County Recorder of Deeds office in Deed Book "W", Volume 35, Page 610, being bounded and described as follows: ALL THAT CERTAIN TRACT of ground situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described in accordance with a survey dated August 17, 1992, Survey Book No. 1007, of Hartman and Associates, Inc., as follows: BEGINNING at a point in the center line of the Trindle Road, at the line of land now or late of Marlin Bretz, said point being located 200 feet more or less North East of the center line of Sheely Lane; thence from said Point of Beginning, by land now or late of Marlin Bretz, land now or late of William D. Hornberger, land now or late of Wilson A. Ebert, and land now or late of Monroe J. McCauslin, Sr. North 44 degrees 54 minutes 00 seconds West a distance of 455.00 feet to a point on the line of land now or late of the United States of America (Ships Parts Control Center) ; thence by the line of land now or late of United States of America North 63 degrees 55 minutes 00 seconds East a distance of 354.68 feet to a point; thence by land now or late of William C. Hall South 38 degrees 36 minutes 00 seconds East a distance of 238.90 feet to a point at or near a fence post; thence by land now or late of William C. Hall South 44 degrees 06 minutes 00 seconds East a distance of 207.64 feet to a point in the center line of the Trindle Road; thence by the center line of the Trindle Road South 63 degrees 55 minutes 00 seconds west a distance of 323.92 feet to a point, the Place of BEGINNING. SAID TRACT contains 143,752.68 square feet or 3.30 acres. SAID PREMISES having thereon erected a two (2) story frame dwelling and garage and being known and numbered as 5169 . Trindle Road, Mechanicsburg, Pennsylvania, and a thirty-two (32) pad mobile home park. 4. Plaintiff, Kingsbury Associates, acquired an immediate right to possession of the premises by virtue of the August 10, 1992 deed as referred to in Paragraph No. 3 hereinabove, said being recorded in the Cumberland County Recorder of Deeds office in Deed Book "W", Volume 35, Page 609. 2 5. Defendant, Justin Sage, currently resides in and owns a mobile home located on Lot No. 11 of the Kingsbury Mobile Home Park, said lot being situated on Plaintiff's real property as described above. 6. Subsequent to September 1, 1999, Defendant, Justin Sage, became the legal owner of a 1964 Ritzcraft Mobile Home, Title No. 00538139, VIN 50866573 which is located on Lot No. 11 of the Kingsbury Mobile Home Park, said lot being situated on Plaintiff's real property as described above. COUNT I. EJECTMENT 7. Paragraphs 1 - 6 are hereby incorporated by reference. B. Defendant Justin Sage moved to the Kingsbury Mobile Home Park without applying for permission to live in the mobile home park. 9. Defendant Justin Sage never signed any written lease agreement or park rules and regulations before moving to Lot 11 of the Kingsbury Mobile Home Park. 10. Defendant Justin Sage has exercised and continues to exercise exclusive possession and control over that portion of Plaintiff's property described as Lot No. 11 in the Kingsbury Mobile Home Park without a lease or other legal right. 11. Efforts by Plaintiff, Kingsbury Associates, directing 3 Defendant, Justin Sage, to remove the mobile home and himself from Plaintiff's property have been without success. 12. Plaintiff is entitled to immediate and exclusive possession of lands which Defendant currently occupies. WHEREFORE, Plaintiff, Kingsbury Associates, respectfully requests that this Honorable Court: (1) Enter judgment in favor of Plaintiff, Kingsbury Associates, and against Defendant, Justin Sage, for possession of Lot No. 11, Kingsbury Mobile Home Park, said property being described in full by deed dated August 10, 1992 and recorded in the Cumberland County Recorder of Deeds office in Deed Book "W", Volume 35, Page 609; (2) Enter an Order of Court directing Defendant, Justin Sage, to immediately remove the mobile home, himself and all possessions from Plaintiff's property, from Lot No. 11 Kingsbury [Mobile Home Park, Hampden Township, Cumberland County, Pennsylvania, all at Defendant's cost; (3) Enter an order of Court directing Defendant to pay for and assume Plaintiff's court costs, legal costs and fees; and (4) Any other relief deemed just and equitable. 4 ??P.u......... _... ._... __.... -:•:G''}4C?4L'?SiT-tlllY.lLt?Fr^?S"- -? COUNT II_UNJUST ENRICHhIENT/QUANTUM__MERIT 13. Paragraphs 1 - 12 are hereby incorporated by reference. 14. As a result of Continually maintaining a mobile home and other possessions on Plaintiff's Lot No. 11 of the Kingsbury Mobile Home Park, Defendant Justin Sage has deprived Plaintiff, Kingsbury Associates, of the full use and enjoyment of Plaintiff's property since September 1, 1999. 15. As a result of maintaining a mobile home on Plaintiff's premises as set forth herein, Defendant Justin Sage has deprived Plaintiff, Kingsbury Associates, of the profits derived from the reasonable use and rental of Plaintiff's property since September 1, 1999. 16. The reasonable rental value of Lot 11 of the Kingsbury Mobile Home Park is $270.00 per month. 17. Defendant Justin Sage has been unjustly enriched and benefitted in the amount of $810.00 due to his improper occupation of Lot 11 of the Kingsbury Mobile Home Park, all to Plaintiff's detriment. WHEREFORE, Plaintiff, Kingsbury Associates, respectfully requests that this Honorable Court enter judgement in favor of Plaintiff and against Defendant in an amount of $810.00.00, plus additional lot rent in the amount of $270.00 per month through the date of the judgement, plus costs, an amount requiring compulsory arbitration. 5 ?TE'C_.,... .... _. ., ....._...:.iu• ' ?."•"'...•?T.:._P:4w?9LT^=9 £_.L-t _ai-,..?nT•5y¢yv?..__ ?._- COUNT III. coNVE_RSIONLCIVIL_ TRESPASS 18. Paragraphs 1 - 17 are hereby incorporated by reference. 19. Defendant Justin Sage has deprived Plaintiff of its right to use and possess lot No. 11 in the Kingsbury Mobile Home Park. 20. Plaintiff has not consented to Defendant Justin Sage's use and possession of lot No. 11 in the Kingsbury Mobile Home Park. 21. Defendant Justin sage has no lawful justification to occupy lot No. 11 in the Kingsbury Mobile Home Park. 22. Lot rent for Lot 11 in the Kingsbury Mobile Home Park is $270.00 per month. WHEREFORE, Plaintiff, Kingsbury Associates, respectfully requests that this Honorable Court enter judgement in favor of Plaintiff and against Defendant in an amount of $810.00.00, plus additional lot rent in the amount of. $270.00 per month through the date of the judgement, plus costs, an amount requiring compulsory arbitration. Respectfully subbmi d, BY J A^") ` Andrew C. Sheely, Esquire PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiff 6 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: November .SM , 1999 Robert/E. Goo` ling, General Partner and Agent for Kingsbury Associates r ?. r r' ? V - r V1 1N \ ?f ?i SHERIFF'S RETURN - REGULAR CASE NO: 1999-06770 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KINGSBURY ASSOCIATES vs. SAGE JUSTIN SHAWN.HARRISON , Sheriff or Deputy Sheriff of CUMBERLAND County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon SAGE JUSTIN the defendant, at 1851:00 HOURS, on the 12th day of November 1999 at LOT 11 KINGSBURY MOBILE HM PRK 5169 EAST TRINDLE ROAD MEC-LkNICSBURG, PA 17055 CUMBERLAND County, Pennsylvania, by handing to LISA FETROW a true and attested copy of the COMPLAINT - EJECTMENT and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So answers: 18.00 6.82 .00 8.00 A-ihontas ine, neri?£- $3-4-9Z-ANDREW SHEELY 11/15/1999 by Sworn and subscribed to before me this ?.(ct day of ?Ic.j ? 19 njC_ A.D. cL nCf?7ey Cc.. rot?i"onotary r o - erg DDVl.inl - Plaintiff V. JUSTIN SAGE, Defendant T1 -IN THE COURTS OF C!- OMM6 CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99 - 6770 CIVIL TERM IN EJECTMENT PRAECIPE FOR ENTRY_ OF _DEFAULT,. JUDG14ENT TO THE PROTHONOTARY: CURTIS R. LONG CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 Kindly enter a default judgment for possotinion in favor of Plaintiff, Kingsbury Associates, and against ;lusCttt 'Sage, Defendant, for failure of Justin Sage, Defendant, to file an Answer to the Complaint docketed to the above-(-al)tjoned nuttter.. I certify that a copy of the Notice of. Intent co Knter it Default Judgment was sent on December 6, 1999 by first. clans Illilil. to tile Defendant, a copy of such Notice of Tntonc whIClt is at:cached hereto as Exhibit "A" December 17, 1999 w-'s poccl III iy :nthnti.tted, "'/ ? "j Andrf-w C. Sheely, Esquire Actornoy for. Plaintiff P,(). llox 95 127 5. I.larket Street t•Iechnni-csburg, PA 17055 PA ID Ilo. 62469 (717)-697-7050 EXHIBIT "A" I KIIIGS13URY ASSOCIATES, Plajnt.iLf V. JUSTLN SAGE, Defendant III 'TIIE COURTS OF COMMON PLEAS OF CUMHL:RLAIID COUNTY, PENNSYLVANIA CIVIL ACTIOII - LAW 99 - 6770 CIVIL TERN IN EJEclME1I'll TO: JUSTIN SAGE LOT 11, KINGSBURY MODILE HOME PARK 5169 E. TRINDLE ROAD MECHANICSHURG, PA 1.7055 I -M -P O R T A__N_T.,__N__0_T__I__C__E YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSE OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACC WITHIN TEN (10) DAYS FROM THE DA'Z'E OF THIS NOTICE, A JUDGMENT MAY 13E ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER Oil CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 Bv: C. 8?4 December 6, 1999 ANDREW C. SHEELY, ESQUIRE Pa. L.D. No. 62469 127 S. Market Street P.O. Hox 95 Mechanicsburg, PA 17055 (717) 697-7050 Attorney for Plaintiff. ATTORNEY AT LAW; 127 S. `ran R iCET.;STREET. Telephone .(7 ,11 MECHANICSBURG,?P,,A 17055r Fax (7:1' PA '17055 PA ID;No"62 KINGSBURY ASSOCIATES, : IN THE COURTS OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. : 99 - 6770 CIVIL TERM JUSTIN SAGE, IN EJECTMENT Defendant RULE 236 NOTICE ( x ) Notice is hereby give that a default judgment for possession in the above-captioned matter has been entered against you for failing to file an answer to the Complaint docketed to the above-captioned matter on November 9, 1999. ( x ) A copy of all documents filed with the Prothonotary in support of the within judgment are enclosed. is Curtis R. Long. Prothonotary By: ?riC. tibtCc?? If you have any questions regarding this Notice, please contact the filing party: NAME: Andrew C. Sheely, Esquire ADDRESS: P.O. Box 95,. 127 S. Market Street t_techanicsburg, PA 17055 TELEPHONE NO: 717-697-7050 (This Notice is given in accordance with Pa.R.C.P. 236.) Notice Sent to: Name:Justin Sage Lot 11, Kingsbury mobile Home Park 5169 E. Trindle Road, Mechanicsburg, PA 17055 ?. :; ,? 3 ;, iy ? ? Pu CfID.CaS°BS°U4e Ri^ Cr., ems Pr+.aC;1c70?• 55 ...?' U: ; :..P.AsiID; o: `: AN - KINGSBURY ASSOCIATES, . IN THE COURTS OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. 99 - 6770 CIVIL TERM JUSTIN SAGE, IN EJECTMENT Defendant PRAECIPE FOR WRIT OF POSSESSION TO THE PROTHONOTARY: CURTIS R. LONG CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 Kindly issue a Writ of Possession against Defendant, Justin Sage, to satisfy a default judgment for possession in the above- captioned case. The Writ of Possession should direct that Defendant Justin Sage remove himself, his 1964 Ritz Craft Mobile Home, VIN 50866573, Title No. 00538139 (as indicated in the attached document) and his possessions from Lot No. 11 of the Kingsbury Mobile Home Park located at 5169 Trindle Road, Mechanicsburg (Hampden Township), Pennsylvania, within ten (10) days after service of the Writ of Possession. Respectfully submitted, December 23, 1999 Andrew C. Sheely,E uire Attorney for Plai ff P.O. Box 95 127 S. Market Street Mechanicsburg, PA 17055 PA ID No. 62469 (717)-697-7050 C7507510 2MV07511 Info Sales Vehicle Inquiry Detail T033A16 11/04/99 PENNSYLVANIA DEPARTMENT OF TRANSPORTATION VEHICLE RECORD ABSTRACT NOVEMBER 4,1999 OWNER : JUSTIN SAGE LESSEE 5169 TRINDLE RD LOT 11E MECHANICSBURG PA 17055 Title : 00538139 Title Date Reg Expire Tag Tag Color Cd: Body VIN Make : 50866573 : RITZ CRAFT Model Odometer Renew WID : 00000 0000 000000 000 Odom Qual Duplicates Est. WID : 71252 0000 000008 000 Year Prev Tag Stolen Date Encumb NO Stops 21-IMINFO 16-NOTEPAD 18-LIENINFO 19-WIDHIST i MH 4 1964 15-RETURN I i ?o d Q 0 rl 4 1 D ..) it ,x WRIT OF POSSESSION ; Ejectment Proceedings PRC P 3160 - 3165 etc) Kingsbury Associates IN THE COURT OF CO.NBION ?LZAS OF CLIIBERLAND COUNTY. ?ENNS'r_L%'ANTA 99-6770 Civil Term No. No. ------ Term !9__---- %13. Justin Sage_________________ 5169 Trindle Road Lot No. 11 r]cbil_lkxaee-Jack---------- Mechanicsburg, PA CO.%fIfO`+-;VEALTH OF ?E\',NS`c'LV. N1A: COUNTY OF CUNfBEPJ_-kN-D: To :he She. ii of ----------- Cumberland -- -------------- Costs v ---------------------- D :.. ... a. ____________________ - --------------------- Coun:c. Penna. 3__1D? a2_-- •S___-_------- (I) To satisiv ,ie jud=en: for possession in -.he above ma,-.e: you are directed :o deliver possession c2 :he ioilmving descr'be3 nroper-y., o: Kingsbury Associates being : (P.•rmises as ioilows) : Defendant should remove himself, his 1964 Ritz Craft Mobil Home VIN 50866573, Title No. 00538139 and his possessions from Lot No. 11 of the Kingsbury Mobile Home Park located at 5169 Trindle Road Mechanicsburg (Hampden Township), PA P!aintii.- 'v 2) To sar_r,.• :.it costs Lirs; the deicndant !s) YOU are directed ro :,v.v upon =v roa.:r:v at :he 6eien- dan: i) and ie[I i; ne:• ,ar :heir; 6.,erest . erai n. -- -- Curtis R. honq___---- - - Prorhonorar:, Cor•.:mo n ?!_.s Cou- of Cuznbe:land Count , ?e?na. December 1999 Dare -- -- -__-_---_-_ _ .' _ 1__?_- _ cst fJ! ,SEAL' D? n . O I E L Z• ?,•YJ ?? 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