HomeMy WebLinkAbout01-6410JOHN BUHAY,
Plaintiff
WEST SHORE REGIONAL
POLICE DEPT.,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
'No. dyt/_ b ~/,/ff ~
· 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 fights 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 HEI,p.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PA 17013
TELEPHONE: 800-990-9108
JOHN BUHAY,
Plaintiff
VS.
WEST SHORE REGIONAL
POLICE DEPT.,
Defendant
' IN THE COURT OF COMMON PLEAS OF
' CUMBERLAND COUNTY, PENNSYLVANIA
'No.
- b
' CIVIL DIVISION
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:
1. 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 Hill, Cumberland County, PA 17011.
2. Defendant is the West Shore Regional Police Department, a law enforcement
agency with its headquarters at 301 Market Street, Lemoyne, Cumberland County, PA.
3. In this quasi-criminai matter, Defendant is represemed 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 91 l and Officer Strayer of Defendant Police Department
responded.
9. Correctly assessing the situation, Officer Strayer wisely took Plaintiffto the
Holy Spirit Hospital, where he was committed pursuant to section 302 of the Mental
Health Procedures Act.
10. Plaintiffwas 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 Plaintiff.'s two rifles, the subject Winchester 7308 and Savage .308.
14. Plaintiffwas and is the proper owner of these rifles.
15. Officer Strayer has indicated his absence of opposition to the return of these
dries.
16. District Attorney M. L. Eben 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.
COSTOPOULOS & WELCH
1400 N. 2~ Street
Harrisburg, PA 17102
(717)-221-0900
Attorney for Plaintiff
JOHN BUHAY,
Plaintiff
IN THE COURT OF COMMON PLEAS
· CUMBERLAND COUNTY, PENNSYLVANIA
' 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:
2.
3.
his client.
He is the attorney of record for John Buhay.
He is authorized to make this verification on his behalf.
The facts set forth in the foregoing motion are known to him and not necessarily to
4. The facts set forth in the foregoing motion are true and correct to the best of his
knowledge, irfformation 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 authori~/~,
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
SHERIFF'S RETURN
CASE NO: 2001-06410 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BUHAY JOHN
VS
WEST SHORE REGIONAL POLICE DEP
- REGULAR
CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLJtINT - REPLEVIN was served upon
WEST SHORE REGIONAL POLICE DEPT the
DEFENDANT , at 1012:00 HOURS,
at 301 MARKET ST
LEMOYNE, PA 17043
HOWARD DOUGHERTY, CHIEF
a true and attested copy of COMPLAINT -
on the 15th day of November , 2001
by handing to
REPLEVIN
together with
and at the same time directing His attention to the contents thereof.
Sheriff,s Costs:
Docketing 18.00
Service 10.40
Affidavit .00
Surcharge 10.00
.00
38.40
Sworn and Subscribed to before
me this .2& ~ day of
~ ~/ A.D.
~Srot h6not ary ,
So Answers:
R. Thomas Kline
ii/i6/200i
ALLEN C WELCH JR
By:
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-06410 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ALLFIRST BANK
VS
ARNOLD JEFFREY ESR
VALERIE WEARY , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to
says, the within COMPLAINT & NOTICE was served upon
ARNOLD JEFFREY ESR the
law,
DEFENDANT , at 2020:00 HOURS, on the 2nd day of October , 2002
at 18 WAYNE ROAD
CAMP HILL, PA 17011
JEFFREY E ARNOLD SR
a true and attested copy of
by handing to
COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 9.66
Affidavit .00
Surcharge 10.00
.00
37.66
Sworn and Subscribed to before
me this ~-- day of
~c7~ZL~ ~o~ A.D.
/ ~rothonotar~
So Answers:
R. Thomas Kline
10/04/2002
BARLEY SNYDER
By:
Deputy Sheriff