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HomeMy WebLinkAbout08-5039 717-737-3407 SAIDIS SHUFF FLOWER. 917 P02 AUG 21 'oe i1:9 In the Court of Common Pleas of Cumberland County, Pennsylvania Max J. Myers, Plaintiff, vs. Brian G. Shade and, CIVIL TERM Cindy Shade Defendants, l-ivil -"Q-ro. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth 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 THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATIN ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMAITON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. IF YOU DO NOT HAVE A LAWYER CONTACT, CUMBERLAND COUNTY 13AR ASSOCIATION 32 SOUTH BEDORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 No. bb - 5039 In the Court of Common Pleas of Cumberland County, Pennsylvania Max J. Myers, Plaintiff, No. VS. Brian G. Shade and, CIVIL TERM Cindy Shade Defendants, COMPLAINT IN EJECTMENT AND NOW, comes the Plaintiff, Max J. Myers, by and through his attorneys, Saidis, Flower & Lindsay, and respectfully represents as follows: 1. Plaintiff Max J. Myers is an adult individual currently residing at 5015 Ravenwood Road, Mechanicsburg, PA 17055. 2. Defendant Brian G. Shade is an adult individual last known to be residing at 125 Cambridge Drive, Mechanicsburg, PA 17055 (the "Premises"), more fully described in the legal description attached hereto and incorporated herein as Exhibit "A". 3. Defendant Cindy Shade is an adult individual last known to be residing at the Premises. . 4. Plaintiff is the record owner of the Premises where Defendants reside, having acquired title by Sheriff's deed on July 31, 2008 pursuant to a Sheriff's Sale duly held in Cumberland County on July 9, 2008. The Sheriff Sale was authorized under the terms of a foreclosure action and judgment entered thereon in the Court of Common Pleas of Cumberland County at Docket No. 1999-740. 5. The Sheriffs deed conveying the Premises to Plaintiff was acknowledged by R. Thomas Kline, Sheriff of Cumberland County, on July 31, 2008, was delivered to Plaintiff on August 7, 2008, and was duly recorded in the office for recording of deeds of Cumberland County on August 7, 2008. 6. Defendants have no valid legal right to possession of the Premises. 7. Plaintiff claims the right of possession of the Premises to the exclusion of the Defendants. WHEREFORE, Plaintiff seeks judgment for possession of the aforesaid Premises. Respectfully submitted, SAIDIS, FLOWER &JLINBySAY v By: Date J es wer, r., Esquire Attorney I.D. 2774 Dean E. Reynosa, Esquire Attorney I.D. 80440 Attorney for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 E xhibit A (,.7-1??-??^E_7 SAIDI) (_)HUFF r virn 5 tl1 1 /i I. 'l Uth ?Y Tax Parcel No. 13-23-0559-022 Know all Men by these Presents That I, R. Thomas Kline, Sheriff of the County of Cumberland, In the State of Pennsylvania, for and in consideration of the sum of $105,000.00, (One Hundred Five 't'housand Dollars), to me in hand paid, do hereby grant and convey to Max J. Myers Real Estate Sale #19 Writ No. 1499.140 Civil Term Bank United VS Elrian G. Shade Attorney- Daniel Schrrijog DESCRIPTION ALL THAT C'E.RTAIN lot in Plan No 4 A, Windsor Park, I.nwer Allen Townvhip, Cumberland Connty, Pennsylvanist, as shown on the survey recorded November 17, 1960, Plan Book 17, page 3, by D.lr, Raffernaperge,, 1t.S. described fis follows: LOT 7, BLOCK "D": BEGINNIWO at a point whcrc the division line between Lots 6 and 7 interserts with the Northerly side of Cambridpc Drive,, thence North 44 degrees 38 minutes 00 seconds West alonfi the Northerly side of Cambridge Drive, a distance of 75 feet to a point; thence Notth 45 degrees 22 minutes 00 seconds Fast along the division line hetwcen Lots 7 and 8, a distance of 110 feet to a point; thence South 44 degrees 38 minutcy 00 seconds East along, the division line between I.nf% 7 and 31, a distance of 7S fert to a point; thence South 45 drpfres 22 minutes 00 secnnds West aIonp thr, division lint between Lots 6 and 7, a distance of 110 fcer to a point, the place of BEGINNING HAVING THEREON ERECTFD a dwelling known and numbered as 125 CanrhrtdAC DrLVe. BEING Tax Parcel tl 13-23 0559 022. TITLE TO SAID PREMISES IS VESTED IN Brian G 91inde by I)eed frnrn Mildred L. Srifrrt, single woman dated 1131194, 1 cc ni ded 415194, in Dred Book 101. page 601 717- 2?.3-6456 SA I D I S r? Cara -7 r.' r ? ? ran ?Q. "fin The same having been sold by me to the said grantre on the 09th day of July Anno Domini Two Thousand and Eight (2008) after due advertisement according to law, undet and by Virtue of a Writ of Execution issued on the 10th day of January Anno Domini 2008 out of the Court of Common Pleas of Cumberland County, Pennsylvania, as of Civil Term, One 'T'housand Nine Hundred Ninety-Nine (1999) Number 740 at the suit of Bank United against Brim G. Shade. Commonwealth of Pennsylvania, as. County of Cumberland mac- rlf?l.,. 7' rIC? nn; r0 In Witness Wereof, I have hereunto affixed my signature this 31st. day of Duty Anno IDomini Two Thousand and Eight (2008) /Thomas Kline, Ztiff Before the undersigned, Curtis R. Long, Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, personally appeared 12, Thomas Kline, Sheriff of Cumberland County aforesaid, and in due form of law declared that the facts Set fotth in the foregoing Deed are true, and that he acknowledged the carne in ordet that Said deed might be recorded. ,r ,r 717-??3-6?rS SW D..c? F M Witness my hand and seal of said Court, this 31 ,it day of Jill y Anno IDomini Twu Thousand and Fright (2008) _.. , 4 !AL SF L PROTFIO TAR1; NOTARY PUBLIC CARLISLE CUMHF'NLAND COUNTY COURTN0115t MY COMMISSION EVIRES JANUARY 4, 201 Q? I hereby certify that the residence And Lost Off ier, address of the Within Grantee is 5015 Ravenwood Road Vlec.hanic.Rhurg, PA 17055 Solicitni 1 ,?? 717-??.3-5?•D?S SP I D 1--) u!?F c < ROBERT P. ZYEGLER -- RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17413 717-240-6370 Instivatent Number - 200826903 Recorded On 8/7 IM At 9: 29:3$ AM * Instrument Type - DE1ZD-SHERIF *, S Invoice Number - 26616 User ID - AF * Grnhtor - SHADE, BRIAN G Grrutee - MYERS, MAX J * Customer - SHERIFF ?` F$TS STATE TRUSFER TAx $1,426.32 STATE WRIT TAX $0.50 STATE JCS/ACCE$3 'ro $10.00 JUSTICE RECORnINO FEES - $12.50 RECORDER OF nRzns AFFORDABL$ HOUSXNG $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES F99 $3.00 WEST SHORE SCHOOL $713.16 DXSTRICT LOWER ALLEN TOWNSHIP $713.16 TOTAL PAID $2,899.14 *Total Pages - S Certification Page DO NOT DETACH This page is now part of this legal document. X Certify this to be recorded in CumberjaaA County. PA YtECU?DER q S • -106rm*t@ep denoted by e® IttteriSk may Champ dul•ing titc verz&AVOW pmcea and r *y n6t bo retkete4 on this page. 11 I . IN VERIFICATION I, Max J. Myers, hereby verify that the statements made in the foregoing Complaint are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. rat Dated: August I q , 2008 Max J. Myer r V d ? ?p D 1 ? ? W CD CASE NO: 2008-05039 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MYERS MAX J VS SHADE BRIAN G ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT SHADE BRIAN G the DEFENDANT , at 1442:00 HOURS, on the 11th day of September, 2008 at 125 CAMBRIDGE DRIVE MECHANICSBURG. PA 17055 CINDY SHADE, WIFE was served upon by handing to a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 14.00 Postage .59 Surcharge 10.00 00 lb1az?p p 42.59 Sworn and Subscibed to before me this day So Answers : R. Thomas Kline 09/15/2008 SAIDIS FLOWER LINDSAY By: 0000, Deputy heri f f of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-05039 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MYERS MAX J VS SHADE BRIAN G ET AL MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT SHADE CINDY DEFENDANT the , at 1442:00 HOURS, on the 11th day of September, 2008 at 125 CAMBRIDGE DRIVE MECHANICSBURG, PA 17055 by handing to CINDY SHADE a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 to/a 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 09/15/2008 SAIDIS FLOWER LINDSAY By: Deputy She ff was served upon of A. D. In the Court of Common Pleas of Cumberland County, Pennsylvania Max J. Myers, Plaintiff, No. 08-5039 VS. Brian G. Shade and, CIVIL TERM Cindy Shade Defendants, PRAECIPE FOR ENTRY OF JUDGMENT FOR EJECTMENT BY DEFAULT FOR DEFENDANT, CINDY SHADE TO THE PROTHONOTARY: Please enter judgment of default in favor of Max Myers and against Defendant Cindy Shade for her failure to plead to the complaint in this action within the required time. The complaint contains a Notice to Defend within 20 days from the date of service thereof. Defendant Cindy Shade was served with the Complaint on or about September 11, 2008 and its answer was due to be filed on or about October 1, 2008. Attached as Exhibit "A" is a copy of Plaintiff's written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail to Defendant Cindy Shade at her last known address of 125 Cambridge Drive, Mechanicsburg, PA 17055 on October 3, 2008, which is at least 10 days prior to the filing of this Praecipe. Please enter judgment for ejectment concerning 125 Cambridge Drive, Mechanicsburg, Cumberland County, PA 17055 against Defe dant Ci ade. BY: Dean E. Reynosa, E PA Sup. Ct. #80440 Attorney for Plaintiff 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 ALL THAT CERTAIN lot in Plan No. 4-A, Windsor Park, Lower Allen Township, Cumberland County, Pennsylvania, as shown on the survey recorded November 17, 1960, Plan Book 12, page 3, by D.P. Raffensperger, R.S. described as follows: LOT 7, BLOCK "D": BEGINNING at a point where the division line between Lots 6 and 7 intersects with the Northerly side of Cambridge Drive; thence North 44 degrees 38 minutes 00 seconds West along the Northerly side of Cambridge Drive, a distance of 75 feet to a point; thence North 45 degrees 22 minutes 00 seconds East along the division line between Lots 7 and 8, a distance of 110 feet to a point; thence South 44 degrees 38 minutes 00 seconds East along the division line between Lots 7 and 31, a distance of 75 feet to a point; thence South 45 degrees 22 minutes 00 seconds West along the division line between Lots 6 and 7, a distance of 110 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 125 Cambridge Drive. BEING Tax Parcel # 13-23-0559-022 CERTIFICATE OF SERVICE AND NOW, this I day of October, 2008, I, DEAN E. REYNOSA, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that I did serve a true and correct copy of the foregoing Praecipe for Entry of Judgment for Ejectment by Default to the person(s) indicated below by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Cindy Shade 125 Cambridge Drive Mechanicsburg, PA 17055 Dedn\E-B.eyfios Esquire Attorney for Plaintiff 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 9?2 os Esquire PA Su reme Co ID No. 80440 JOHN E. SLIKE ROBERT C. SAIDIS JAMES D. FLOWER, JR CAROL J. LINDSAY JOHN B. LAMPI DANIEL L. SULLIVAN MICHAEL L. SOLOMON GEORGE F. DOUGLAS, III DEAN E. REYNOSA THOMAS E. FLOWER MARYLOU MATAS LAW OFFICES SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 2109 MARKET STREET CAMP HILL, PENNSYLVANIA 17011 TELEPHONE: (717) 737-3405 - FACSIMILE: (717) 737-3407 EMAIL: dreynosa@sfl-law.com www.sfl-law.com October 3, 2008 Cindy Shade 125 Cambridge Drive Mechanicsburg, PA 17055 Re: Max J. Myers v. Brian G. and Cindy Shade, No. 08-5039 To Whom It May Concern: CARLISLE OFFICE: 26 WEST HIGH STREET CARLISLE, PA 17013 TELEPHONE: (717)243-6222 FACSIMILE: (717)243-6486 REPLY TO CAMP HILL Please review the enclosed Important Ten Day Notice regarding the above-referenced Claim. Very truly yours, SAIDIS, FLOWER & LINDSAY f Dean E. Reynosa DER/yms Cc: client 141 In the Court of Common Pleas of Cumberland County, Pennsylvania Max J. Myers, . Plaintiff, No. 08-5039 VS. . Brian G. Shade and, CIVIL TERM Cindy Shade Defendants, TO: Cindy Shade 125 Cambridge Drive Mechanicsburg, PA 17055 DATE OF NOTICE: October 3, 2008 IMPORTANT TEN DAY NOTICE 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 DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET, CARLISLE, PA 17013 800-990-9108 Respectfully submitted, SA , WE SAY By. es?E. $s osa, Esq. PA Sup. Ct. #80440 Attorney for Plaintiff 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 CERTIFICATE OF SERVICE ? AND NOW, this 3 day of October, 2008, I, DEAN E. REYNOSA, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that I did serve a true and correct copy of the foregoing Ten Day Notice to the person(s) indicated below by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Cindy Shade 125 Cambridge Drive Mechanicsburg, PA 17055 De E: Cosa, Esquire P Supreme Court ID No. 80440 Attorney for Plaintiff 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 In the Court of Common Pleas of Cumberland County, Pennsylvania Max J. Myers, Plaintiff, No. 08-5039 VS. Brian G. Shade and, CIVIL TERM Cindy Shade Defendants, AFFIDAVIT OF NON-MILITARY SERVICE Max J. Myers, being duly sworn and according to law, deposes and says that he is the Plaintiff in this action and that to the best of my knowledge, information and belief, avers as follows; that Defendant, Cindy Shade, resides at 125 Cambridge Drive, Mechanicsburg, Pennsylvania, 17055 and that she is not in the military service of the United States or its allies, or otherwise subject to the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1904 and its amendments, 50 U.S.C. App. § 501 et seq. Affiant I ? J ' V Sworn to and subscribed Before me this ? day of, '::)=7. 7( bry Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Yvonne Sersch, Notary Public Camp Hill Boro, Ckimberland County My Commission Expires Feb. t, 2012 Member, Pennsylvania Association of Notaries r.a • + Lj 33 T t". z In the Court of Common Pleas of Cumberland County, Pennsylvania Max J. Myers, Plaintiff, No. 08-5039 VS. Brian G. Shade and, CIVIL TERM Cindy Shade Defendants, NOTICE OF JUDGMENT FOR EJECTMENT BY DEFAULT FOR DEFENDANT, CINDY SHADE Pursuant to Pa. R.C.P. 236, you are hereby notified that a JUDGMENT FOR EJECTMENT BY DEFAULT has been entered against Defendant Cindy Shade in the above proceeding. / // I '12 al PR ,qrHON0 If you have any questions concerning this Notice, please contact Attorney Dean E. Reynosa, with the law firm of Saidis, Flower & Lindsay, Attorney for Plaintiff, (717) 737-3405. FZ t r In the Court of Common Pleas of Cumberland County, Pennsylvania Max J. Myers, Plaintiff, No. 08-5039 VS. Brian G. Shade and, CIVIL TERM Cindy Shade Defendants, PRAECIPE FOR WRIT OF POSSESSION JUDGMENT TO THE PROTHONOTARY:" Please issue Writ of Possession against Defendant Cindy Shade upon the Judgment in Ejectment in the above matter.c?J ? Sep ?trn? now 195 bri a Drive,,.Mecha,nicsbuq. PA no Date: October A-, 2008 BY: o Esq. P Sup. Ct. #80440 Attorney for Plaintiff 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 c rx rnm AL 0 0 % 0 Fn- AS, ,0 0 * "' b' ALL THAT CERTAIN lot in Plan No. 4-A, Windsor Park, Lower Allen Township, Cumberland County, Pennsylvania, as shown on the survey recorded November 17, 1960, Plan Book 12, page 3, by D.P. Raffensperger, R.S. described as follows: LOT 7, BLOCK "D": BEGINNING at a point where the division line between Lots 6 and 7 intersects with the Northerly side of Cambridge Drive; thence North 44 degrees 38 minutes 00 seconds West along the Northerly side of Cambridge Drive, a distance of 75 feet to a point; thence North 45 degrees 22 minutes 00 seconds East along the division line between Lots 7 and 8, a distance of 110 feet to a point; thence South 44 degrees 38 minutes 00 seconds East along the division line between Lots 7 and 31, a distance of 75 feet to a point; thence South 45 degrees 22 minutes 00 seconds West along the division line between Lots 6 and 7, a distance of 110 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 125 Cambridge Drive. BEING Tax Parcel # 13-23-0559-022 • CERTIFICATE OF SERVICE AND NOW, this 14 day of October, 2008, I, DEAN E. REYNOSA, Esquire, __L I of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that I did serve a true and correct copy of the foregoing Praecipe for Writ of Possession Judgment to the person(s) indicated below by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Cindy Shade 125 Cambridge Drive Mechanicsburg, PA 17055 D . Re a, Esquire P Supreme CN?rt ID No. 80440 Attorney for Plaintiff 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 c , + ? ?x a ? ? ?-:: ? '? _. -? ? ,?.. . r 10f2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAX J. MYERS VS. CINDY SHADE No. 08-5039 Civil Term Costs Attorney's $ 175.09 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) MAX J. MYERS being: (Premises as follows): 125 CAMBRIDGE DRIVE, MECHANICSBURG, PA 17050 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. 2h?? C s R. Lon thou ry, Common Pte-as Court o Cumberland County, PA Date 10/23/08 (Seal) 2of2 No 08-5039 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAX J. MYERS VS. Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of , . I caused the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of Prothonotary CINDY SHADE WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 175.09 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: DEAN E. REYNOSA, ESQUIRE SAIDIS, FLOWER & LINDSAY 2109 MARKET STREET CAMP HILL, PA 17011 717-737-3405 ID# 80440 So Answers, Sheriff By Deputy 0?- In the Court of Common Pleas of Cumberland County, Pennsylvania Max J. Myers, . Plaintiff, No. 08-5039 VS. . Brian G. Shade and, CIVIL TERM Cindy Shade Defendants, PRAECIPE FOR ENTRY OF JUDGMENT FOR EJECTMENT BY DEFAULT FOR DEFENDANT, BRIAN G. SHADE TO THE PROTHONOTARY: Please enter judgment of default in favor of Max Myers and against Defendant Brian G. Shade for his failure to plead to the complaint in this action within the required time. The complaint contains a Notice to Defend within 20 days from the date of service thereof. Defendant Brian G. Shade was served with the Complaint on or about September 11, 2008 and its answer was due to be filed on or about October 1, 2008. Attached as Exhibit "A" is a copy of Plaintiffs written Notice of Intention to File Praecipe for Entry of Default Judgment, which I certify was mailed by regular mail to Defendant Brian G. Shade at his last known address of 125 Cambridge Drive, Mechanicsburg, PA 17055 on October 3, 2008, which is at least 10 days prior to the filing of this Praecipe. Please enter judgment for ejectment concerning 125 Cambridge Drive, Mechanicsburg, Cumberland County, PA 17055 against Defendant Br' G. Shade. BY: Dgdn E. eyn sa, Esq. A Sup. Ct. #80440 Attorney for Plaintiff 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 CERTIFICATE OF SERVICE AND NOW, this _jday of October, 2008, I, DEAN E. REYNOSA, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that I did serve a true and correct copy of the foregoing Praecipe for Entry of Judgment for Ejectment by Default to the person(s) indicated below by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Brian G. Shade 125 Cambridge Drive Mechanicsburg, PA 17055 ean E. ReyAosa, Esquire A Supreme Court ID No. 80440 Attorney for Plaintiff 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 LAW Urri t-LJ SAIDIS, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 2109 MARKET STREET JOHN E. SLIKE CAMP HILL, PENNSYLVANIA 17011 ROBERT C. SAIDIS TELEPHONE: (717) 737-3405 - FACSIMILE: (717) 737-3407 JAMES D. FLOWER, JR EMAIL: dreynosaOsf]-law.com CAROL J. LINDSAY www.sfl-Iaw.com JOHN B. LAMPI DANIEL L. SULLIVAN MICHAEL L. SOLOMON GEORGE F. DOUGLAS, III DEAN E. REYNOSA THOMAS E. FLOWER MARYLOU MATAS October 3, 2008 Brian G. Shade 125 Cambridge Drive Mechanicsburg, PA 17055 Re: Max J. Myers v. Brian G. and Cindy Shade, No. 08-5039 To Whom It May Concern: CARLISLE OFFICE: 26 WEST HIGH STREET CARLISLE, PA 17013 TELEPHONE: (717)243-6222 FACSIMILE: (717)243-6486 REPLY TO CAMP HILL Please review the enclosed Important Ten Day Notice regarding the above-referenced Claim. Very truly yours, SAIDIS, FLOWER & LINDSAY r f Dean E. Reynosa DER/yms Cc: client F/!f Copy In the Court of Common Pleas of Cumberland County, Pennsylvania Max J. Myers, Plaintiff, No. 08-5039 VS. Brian G. Shade and, CIVIL TERM Cindy Shade Defendants, TO: Brian G. Shade 125 Cambridge Drive Mechanicsburg, PA 17055 DATE OF NOTICE: October 3, 2008 IMPORTANT TEN DAY NOTICE 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 DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET, CARLISLE, PA 17013 800-990-9108 Respectfully submitted, SAIDIS, FL WER 7SAY By: Dean E:`Reyno a, Esq. PA Sup. Ct. #80440 Attorney for Plaintiff 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 CERTIFICATE OF SERVICE ?f AND NOW, this --? day of October, 2008, I, DEAN E. REYNOSA, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that I did serve a true and correct copy of the foregoing Ten Day Notice to the person(s) indicated below by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Brian G. Shade 125 Cambridge Drive Mechanicsburg, PA 17055 Dean E. Reiaos , Esquire PP Supreme- ourt ID No. 80440 "' orney for Plaintiff 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 In the Court of Common Pleas of Cumberland County, Pennsylvania Max J. Myers, Plaintiff, No. 08-5039 VS. Brian G. Shade and, CIVIL TERM Cindy Shade Defendants, AFFIDAVIT OF NON-MILITARY SERVICE Max J. Myers, being duly sworn and according to law, deposes and says that he is the Plaintiff in this action and that to the best of my knowledge, information and belief, avers as follows; that Defendant, Brian G. Shade, resides at 125 Cambridge Drive, Mechanicsburg, Pennsylvania, 17055 and that he is not in the military service of the United States or its allies, or otherwise subject to the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1904 and its amendments, 50 U.S.C. App. § 501 et seq. M"If/?L Affiant Sworn to and subscribed Before me this albs' day of C «, 2ZWK N Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Yvonne Sersch, Notary Public Cmp Hill Boro, Cumberland County 1-my'Commission Expires Feb. 1. 2012 Member, Pennsylvania Association of Notaries .;OiJI AONW=ALTH OF PENNSYLVANIA Notarial Seal onr,e Sersch, Notary Public ,;atrp Hill Boro, Cumberland County My Couirossion Expires Feb. 1, 2012 ,' ^ - Association of Notaries c?1 17JC ? N gn ra r --4 v In the Court of Common Pleas of Cumberland County, Pennsylvania Max J. Myers, Plaintiff, No. 08-5039 VS. Brian G. Shade and, CIVIL TERM Cindy Shade Defendants, NOTICE OF JUDGMENT FOR EJECTMENT BY DEFAULT FOR DEFENDANT, BRIAN G. SHADE Pursuant to Pa. R.C.P. 236, you are hereby notified that a JUDGMENT FOR EJECTMENT BY DEFAULT has been entered against Defendant Brian G. Shade in the above proceeding. &A&?4L P PROTHONOP""-7 If you have any questions concerning this Notice, please contact Attorney Dean E. Reynosa, with the law firm of Saidis, Flower & Lindsay, Attorney for Plaintiff, (717) 737-3405. 1911" 4 A In the Court of Common Pleas of Cumberland County, Pennsylvania Max J. Myers, Plaintiff, No. 08-5039 VS. Brian G. Shade and, CIVIL TERM Cindy Shade Defendants, PRAECIPE FOR WRIT OF POSSESSION JUDGMENT TO THE PROTHONOTARY: Please issue; Writ of Possession against Defendant Brian G. Shade upon the Judgment in Ejectment in the above matter. - ? 5ee 1615 Caxnbri J3e 1Jrvv8 , McChaniosburS, PA ('1055 Date: October 4 , 2008 BY: Dp6n Esq. PA Sup. Ct. #80440 Attorney for Plaintiff 2109 Market Street, Camp Hill, PA 17011 (717) 737-3405 °I v` 40- U1 a tTti ^ ` War a a Q o -fl -b? ? cr = s s p N : 901 CLA ALL THAT CERTAIN lot in Plan No. 4-A, Windsor Park, Lower Allen Township, Cumberland County, Pennsylvania, as shown on the survey recorded November 17, 1960, Plan Book 12, page 3, by D.P. Raffensperger, R.S. described as follows: LOT 7, BLOCK "D": BEGINNING at a point where the division line between Lots 6 and 7 intersects with the Northerly side of Cambridge Drive; thence North 44 degrees 38 minutes 00 seconds West along the Northerly side of Cambridge Drive, a distance of 75 feet to a point; thence North 45 degrees 22 minutes 00 seconds East along the division line between Lots 7 and 8, a distance of 110 feet to a point; thence South 44 degrees 38 minutes 00 seconds East along the division line between Lots 7 and 31, a distance of 75 feet to a point; thence South 45 degrees 22 minutes 00 seconds West along the division line between Lots 6 and 7, a distance of 110 feet to a point, the place of BEGINNING. HAVING THEREON ERECTED a dwelling known and numbered as 125 Cambridge Drive. W*4 1?065 BEING Tax Parcel # 13-23-0559-022 . a. CERTIFICATE OF SERVICE AND NOW, this Alday of October, 2008, I, DEAN E. REYNOSA, Esquire, of the law firm of SAIDIS, FLOWER & LINDSAY, hereby certify that I did serve a true and correct copy of the foregoing Praecipe for Writ of Possession Judgment to the person(s) indicated below by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: Brian G. Shade 125 Cambridge Drive Mechanicsburg, PA 17055 De ey , Esquire PA Supreme Court ID No. 80440 Attorney for Plaintiff 2109 Market Street Camp Hill, PA 17011 (717) 737-3405 t"3 ?. ? `?=} Gs ? _ ? ier? ? ?r _' , ' . -a ? .. -r- ^# ? , ? ? ? 'w {T1 ? ?: ? ?,:: ? -.-i -? ._.i I of 2 WRIT OF POSSESSION (Ejectment Proceedings PRCP3160=3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAX J. MYERS VS. No. 08-5039 Civil Term BRIAN G. SHADE Costs Attorney's $ 175.09 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) MAX J. MYERS being: (Premises as follows): 125 CAMBRIDGE DRIVE, MECHANICSBURG, PA 17050 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. Date 10/23/08 (Seal) Curtfs R. Lon nota , Common Pleas Court of C mberland County, PA Y w ? 2 of 2 No 08-5039 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAX J. MYERS BRIAN G. SHADE VS. WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 175.09 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: DEAN E. REYNOSA, ESQUIRE SAIDIS, FLOWER & LINDSAY 2109 MARKET STREET CAMP HILL, PA 17011 717-737-3405 ID# 80440 Attorney for Plaintiff (s) Where papers may be served By virtue of this writ, on the day of I caused the within named , to have possession of the premises described with the appurtenances, and Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy k, _ , -% I By virtue of this writ, on the 4 day of December, 2 0 0 8 . I caused the within named Max J. Myers , to have possession of the premises described Wikg X 125 ,?mla idge nrivp Mechanicsburg, PA 17055 Sworn and subscribed to before me this Day of , Sheriff's Return: Docketing 18.00 Prothy 2.00 Surcharge 30.00 Milage 11.00 Possession 30.00 Poundage 1.22 '72.22 So Answers, Sh riff By j,? Advance Costs: 100.00 Sheriiff's Costs: 62.22 -'7.78 Refunded to Atty on 12/5/08. ? f z?lt?Oq C ?o W ..u ? 3 ? =431 A a h0 :II `d 8Z 100 0001 ??12?3NS ?e1 a -o ?:+z 4 n 2-7 2of2 No 08-5039 Civil Term IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAX J. MYERS VS. CINDY SHADE WRIT OF POSSESSION P.R.C.P. 3160-3165 ETC. Costs Att'y $ 175.09 Plff (s) $ Prothy $ 2.00 Sheriff $ Plaintiff (s) attorney name and address: DEAN E. REYNOSA, ESQUIRE SAIDIS, FLOWER & LINDSAY 2109 MARKET STREET CAMP HILL, PA 17011 717-737-3405 ID# 80440 Attorney for Plaintiff (s) By virtue of this writ, on the named appurtenances, and Where papers may be served day of I caused the within to have possession of the premises described with the Sworn and subscribed to before me this Day of , Prothonotary So Answers, Sheriff By Deputy ` , .,% Oft • for z WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MAX J. MYERS VS. CINDY SHADE No. 08-5039 Civil Term Costs Attorney's $ 175.09 Plaintiff's $ Prothonotary $ 2.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of Cumberland County, Pennsylvania (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: (Plaintiff (s)) MAX J. MYERS being: (Premises as follows): 125 CAMBRIDGE DRIVE, MECHANICSBURG, PA 17050 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defendant (s) and sell his/her (or their) interest therein. C is R. Lon 45notar Common Pl eas Corland County PA Date 10/23/08 (Seal)