HomeMy WebLinkAbout04-5209
STEVEN C. BUYSSE,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 04- S~9 (}.'Q,L'i-~
IN EJECTMENT
JOHN M, SANDERSON,
Defendant
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 A LAWYER AT ONCE.
NOT HAVE A I~WYER OR CANNOT AFFORD ONE, GO TO OR
THE OFFICE SET FORTH BELOW TO FIND OUR WHERE YOU
LEGAL HELP.
IF YOU DO
TELEPHONE
CAN GET
Cumberland Count Lawyer Referral Service
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. D~- S-:J.09 CC)~L '-r~
STEVEN C. BUYSSE,
Plaintiff
JOHN M. SANDERSON,
Defendant
IN EJECTMENT
COMPLAINT
AND NOW, comes the Plaintiff, Steven C. Buysse, by his
attorney, Dale F. Shughart, Jr., Esquire, and files this
Complaint in Ejectment as follows:
1. The Plaintiff is Steven C, Buysse, an adult individual,
who resides at 1858 Hunter Drive, Mechanicsburg, PA 17050.
2. The Defendant is John M. Sanderson, whose last known
address and current whereabouts is believed and therefore
believed to be at 4162 Kittatinny Drive, Mechanicsburg (Hampden
Township), Cumberland County, Pennsylvania.
3, On September 8, 2004, Plaintiff purchased at Sheriff's
Sale by the Sheriff of Cumberland County all that certain lot or
tract of land, with the improvements thereon erected, known as
4162 Kittatinny Drive, Mechanicsburg, Hampden Township,
Cumberland Count)', pennsylvania 17050, as more fully described on
Exhibit "A", attached hereto, and made a part hereof.
4. During the pendency of mortgage foreclosure action of
Chase Manhattan Mortgage Corporation on the aforesaid premises,
docketed to No. 2002-5674, Chase Manhattan Mortgage Corporation
was unable to locate the Defendant who was served by publication
pursuant to Order of the Court of Common Pleas of Cumberland
County, Pennsylvania.
5, An investigation by the Plaintiff revealed that the
premises had apparently been unoccupied for quite some time and
that the present whereabouts of the Defendant were unknown.
6. By letter dated September 15, 2004, Plaintiff's
undersigned attorney attempted to notify the Defendant of the
purchase of the premises by the Plaintiff by first class mail,
postage prepaid, The letter was returned to Plaintiff's
undersigned attorney by the Post Office with the notation that
Defendant had moved and left no forwarding address, Copies of
the letter of September 15, 2004 and the envelope returned by the
Post Office are marked Exhibit "B", attached hereto, and made a
part hereof.
7. On September 24, 2004, Plaintiff went with a
Pennsylvania State Constable and a locksmith to the premises at
4162 Kittatinny Drive, Mechanicsburg, Pennsylvania to assume
possession and control of the premises. Upon entering the
premises, it was determined that belongings of the Defendant,
including food in the refrigerator, remained at the premises,
The locks to the premises were not changed, The property of the
Defendant was not disturbed, and Plaintiff's attorney's letter of
September 15, 2004, Exhibit "C", and other instructions were left
in the premises and on the door. A subsequent return to the
premises by the Plaintiff confirmed that the information left on
the door had been removed. Plaintiff did not, on this occasion,
enter the premises, Based upon the foregoing, it is believed and
therefore averred that Defendant remains in possession of the
premises and has received personal notice that Plaintiff has
purchased the premises at Sheriff's Sale.
8. The Defendant, having received personal notice of the
sale of the premises by the Sheriff of Cumberland County to the
plaintiff, has nevertheless failed to vacate the premises and is
therefore occupying, using and enjoying the premises without
right or claim of title.
9. Defendant has unjustly and unlawfully retained
possession of the premises to the detriment of the Plaintiff.
WHEREFORE, Plaintiff demands judgment against the Defendant
for possession of the premises known as 4162 Kittatinny Drive,
Mechanicsburg, Hampden Township, Cumberland County, Pennsylvania
17050, together with such other relief as Your Honorable Court
may deem necessary and appropriate.
~fJ1 \
Attorney I,D. 1937 '
35 East High Stree , Suite 203
Carlisle, PA 17013
(717) 241-4311
Attorney for Plaintiff
-3-
VERIFICATION
Steven C. Buysse hereby verifies that the facts set forth in
the foregoing Complaint are true and correct to the best of his
knowledge, information and belief, and understands that false
statements herein are made subject to the penalties of 18 Pa,
C,S. ~4904 relating to unsworn falsifications,
DATE:
October '-:.1 , 2004
-4-
1
s
Wrtt No. 2002-5674 CIvi]
Chase Manhattan Mortgage
Corporation
vs. ~~
John M. Sanderson
Atty.: KrIstine Anthou
LONG FORM DESCRIPTION
ALL THAT CERTAIN lot or tract
of land with the improvements erect-
ed thereon, situate in Hampden
Township, Cumberland County,
Pennsylvania, as set forth on the
Final Subdivision Plan for Mountain
VIew Village, Phase IV, also known
as Wyndham Place, dated June 1,
1989 and recorded May 7, 1990 In
the Office of the Recorder of Deeds
in and for Cumberland County,
Pennsylvania In Plan Book 60, Page
87, more partIcularly bounded and
descrtbed as follows to wit:
BEGINNING at a poInt on the
northern right-of-way line of Kit-
tatinny Drtve (64' wide prtvate). at
the dIviding line of Lot #2 and #63;
Said point also being located 441.28
feet west of the northwest corner
of Kittatinny Drive and Tussey
Court;
THENCE by the northem right-
of-way line of Klttatinny Drive North
82 degrees 02 minutes 02 seconds
West 20.00 feet to a point; thence
by line of Lot #64 and passing
through the center of a partttion wail
North 07 degrees 57 minutes 58
seconds East 100.00 feet to a point;
thence by line of land now or for-
merly of J.P. Roth, South 82 de-
grees 02 minutes 02 seconds East
20.00 feet to a point; thence by line
of Lot #62 and passing through the
center of a partition wall South 07
degrees 57 minutes 58 seconds
West 100.00 feet to a point on the
northern right-of-way line of
'>'>
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EXN18/T f1
Klttatlnny Drive. the place of BE-
GINNING.
CONTAINING 2,000 square feet.
UNDER AND SUBJECT. to cer-
tain restrictions and conditions as
appear of record in the Office of the
Recorder of Deeds in and for Cum-
berland County, Pennsylvania In
Miscellaneous Book 392, Page 787,
Miscellaneous Book 393, Page 557.
and Miscellaneous Book 414, Page
1102.
BEING the same premises which
Sandra L. Reber, by Deed dated
September 12, 1997 and recorded
in the Office of the Recorder of
Deeds of Cumberland County on
September 16, 1997, in Deed Book
Volume 164, Page 572. granted and
conveyed unto John M. Sanderson.
DBV 164.
Page 572.
Tax Map 10-15-1285.
Parcel 113.
DALE, F, SHUGHART, JR.
ATTORNEY AT LAW
35 EAST HIGH STREET
SUITE 203
CARLISLE, PENNSVLVANIA 17013
Telephone 17171241.4311
Facsimile 1717) 241,4021
OF COUNSEL
HAMILTON C. DAVIS
LEGAL ASSISTANT
BONNIE L. COYLE
September 15, 2004
John M. Sanderson
4162 Kittatinny Drive
Mechanicsburg, PA 17050
Dear Mr. Sanderson:
I am the attorney for Steve Buysse who purchased your property at
the Cumberland County Sheriff's Sale on September 8, 2004.
From all appearances, you have moved from the property, Therefore,
on September 24, Mr. Buysse intends to take possession of the
property and to change the locks,
If you are still residing at the property or have valuable personal
property at the premises, please telephone me at the above number
without delay, Unless you contact me directly not later than next
Wednesday, September 22, Mr. Buysse and I shall assume that you
have vacated the premises and have removed all of your personal
property,
Very truly yours,
Dale F, Shugha
DFS,JR/bc
cc Steve Buysse
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO.O'-l- S",20f (!fui.L~EIL~
IN EJECTMENT
STEVEN C. BUYSSE,
Plaintiff
JOHN M. SANDERSON,
Defendant
PRAECIPE TO REINSTATE COMPLAINT
Dear Sir:
Please reinstate the Complaint in the a.bove captioned matter.
TO:
Curtis R. Long, Prothonotary
November 17, 204
ciJ~~ :6i;;;
Dale F. tUgha~,n Jr.
Supreme Court I.D. 19373
35 East High Street, Suite
Carlisle, PA 17013
(717) 241-4311
Attorney for Plaintiff
203
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STEVEN C. BUYSSE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NO. 04-5209 CIVIL TERM
JOHN M. SANDERSON,
Defendant
IN EJECTMENT
PRAECIPE TO STAY WRIT OF POSSESSION
Dear Sir:
The Defendant, John M. Sanderson, has surrendered possession
of the premises to the Plaintiff, Steven C. Buysse. Therefore,
please stay the Writ of Possession issued in the above matter.
To: Curtis R. Long, Prothonotary
January 10, 2005
Dale F. Shughar ,
Attorney I.D. # 73
35 East High Street, 203
Carlisle, PA 17013
(717) 241-4311
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Attorney for Plaintiff,
Steven C. Buysse
cc Cumberland County Sheriff
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STEVEN C. BUYSSE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NO, 04-5209 CIVIL TERM
JOHN M. SANDERSON,
Defendant
IN EJECTMENT
PRAECIPE TO ENTER A DEFAULT JUDGMENT
PURSUANT TO PA.R.C.P, 1037
Dear Sir:
The Defendant having failed to appear or file a pleading in
the case, and having failed to respond to a Notice of Intent to
Enter Default Judgment, mailed to him on December 23, 2004, and
posted prominently upon the premises on December 23, 2004 (attached
hereto together with Certificate of Service), please enter judgment
in favor of plaintiff, Steven C. Buysse, and against the Defendant,
John M. Sanderson.
To: Curtis R. Long, Prothonotary
January 4, 2005
~l
Dale F, r I
Attorney I.D, #1 3
35 East High Street, '~ite
Carlisle, PA 17013
(717) 241-4311
203
Attorney for Plaintiff,
Steven C. Buysse
STEVEN C. BUYSSE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs,
NO. 04-5209 CIVIL TERM
JOHN M, SANDERSON,
Defendant
IN EJECTMENT
NOTICE OF INTENTION TO ENTER JUDGMENT BY DEFAULT
PURSUANT TO PA,R,C.P. 237.5
TO: JOHN M, SANDERSON
4162 Kittatinny Drive
Mechanicsburg, PA 17050
DATE OF NOTICE: December 23, 2004
IMPORTANT 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 NOTICE TO A 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
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA17013
(717) 249-3166
Service
By:
r04{
Dale F, Shugh Jr.
Attorney I.D, 1 73
35 East High Street, Suite
Carlisle, PA 17013
(717) 241-4311
Attorney for Plaintiffs
203
" .
DALE F. SHUGHART, JR.
ATTORNEY AT LAW
35 EAST HIGH STREET
SUITE 203
CARLISLE, PENNSYLVANIA 17013
Telephone 17171241-4311
Facsimile /7171 241-4021
OF COUNSEL
HAMILTON C, DAVIS
LEGAL ASSISTANT
BONNIE L, COYLE
December 23, 2004
Mailed by First Class Mail, Postage Prepaid and
Posted on the Premises
John M. Sanderson
4162 Kittatinny Drive
Mechanicsburg, PA 17050
Dear Mr. Sanderson:
Enclosed, and also posted on the property at 4162 Kittatinny Drive,
Mechanicsburg, PA 17050 is a Notice of Intention to Enter Judgment
by Default in regard to the Ejectment Action filed against you by
the owner of the premises, Steven C, Buysse.
The Complaint in Ej ectment was served on you by the Cumberland
County Sheriff on December 2, 2004. More than 20 days have passed
and you have not responded to the Complaint. Unless you Act within
10 days of the date of that Notice, not later than January 3, 2005,
I have been instructed to enter judgment by default against you and
to direct issuance of a Writ of Possession.
Your or your attorney may contact me during normal business hours
at the above telephone number.
~ your"
D~e , ShEJ~
DFS,JR/bc
Enclosure
cc Steven C. Buysse
Posted on the premises at 4162 Kittatinny
Meeh~ieeburg_ '^ no" by ~c... on
December ~3, 2004, /~
<"~tM-Z
Drive,
STEVEN C. BUYSSE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs,
NO. 04-5209 CIVIL TERM
JOHN M. SANDERSON,
Defendant
IN EJECTMENT
CERTIFICATE OF SERVICE
AND NOW, this ~ay of January, 2005 I, Dale F. Shughart,
Jr., Esquire, attorney for Plaintiff, Steven C. Buysse, hereby
certify that I have served copies of the attached Notice of Intent
to Enter Judgment by Default and cover letter on the Defendant,
John M. Sanderson, by mailing a copy of the same by United States
mail, postage prepaid, addressed as follows and that Steven C.
Buysse also served the Defendant by posting the attached Notice and
cover letter prominently on the premises, both on December 23,
2004.
Dale F. S
Attorney I D
35 East Hig Suite 203
Carlisle, PA 17013
(717) 241-4311
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STEVEN C. BUYSSE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NO. 04-5209 CIVIL TERM
JOHN M. SANDERSON,
Defendant
IN EJECTMENT
PRAECIPE FOR WRIT OF POSSESSION
TO THE PROTHONOTARY:
Dear Sir:
Issue writ of Possession
Dale F. Shug a ,Jr.
Attorney I.D. # 373
35 East High Street, Suite 203
Carlisle, PA 17013
(717) 241-4311
January 4, 2005
Attorney for Plaintiff,
Steven C. Buysse
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ALL TIIAT CERTAIN lot or tract
ofland with the improvements erect-
ed thereon. situate in Hampden
Township. Cumberland County.
Pennsylvania. as set forth on the
Final Subdivision Plan for Mountain
View Village. Phase lV. also known
as Wyndham Place. dated June l.
1989 and recorded May 7. 1990 in '
the Office of the Recorder of Deeds
in and for Cumberland County.
Pennsylvania in Plan Book 60, Page
87, more particularly bounded and
described as follows to wit:
BEGINNING at a point on the
northern rightcof-way line of Kit-
tatinny Drive (64' wide private). at
the dividing line of Lot #2 and #63; ,
Said point also being located 441.28
feet west of the northwest comer
of Kittatinny Drive and Tussey
Court;
THENCE by the northern right-
of-way line of Kittatinny Drive North
82 degrees 02 minutes 02 seconds
West 20.00 feet to a point; thence
by line of Lot #64 and passing
through the center of a partition wall
North 07 degrees 57 minutes 58
seconds'East 100,00 feet to a point;
thence by line of land now or for-
merly of J.P. Roth. South 82 de-
grees 02 minutes 02 seconds East
20.00 feet to a point; thence by l1ne
of Lot #62 and passing through the
center of a partition wall South 07
degrees 57 minutes 58 seconds
West 100.00 feet to a point on the
northern right-of-way l1ne of
Kittatinny Drive, the place of BE-
GINNING.
CONTAINING 2.000 square feet.
UNDER AND SUBJECT. to cer-
tain restrictions and conditions as
appear of record in the Office of the
Recorder of Deeds in and for Cum-
berland County. Pennsylvania in
Miscellaneous Book 392. Page 787.
Miscellaneous Book 393. Page 557.
and Miscellaneous Book 414. Page
1102.
BEING known and numbered as 4162 Kittatiny Drive, Mechanicsburg, PA
and cumberland County Tax Parcel #10-15-1285-113.
BEING the
Cumberland
deed dated
Deed Book
same premises which R. Thomas Kline, Sheriff of
County granted and conveyed to Steven C. Buysse by his
Oc 1'(.)0 -r 17. i 'Z... u7,) 't and recorded in Cumberland County
'2 t~ 5', Page 4'0/ 'z... .
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STEVEN C. BUYSSE.
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NO. 04-5209 CIVIL TERM
JOHN M. SANDERSON,
Defendant
IN EJECTMENT
WRIT OF POSSESSION
COMMONWEALTH OF PENNSYLVANIA
Atty's Costs
Prothy
$125.26
$ 1. 00
COUNTY OF CUMBERLAND
To the Sheriff of Cumberland County:
" (1) To satisfy the judgment for possession in the above
matter you are directed to del,iver possession of the following
property to Steven C. Buysse:
Legal description of the property is attached as Exhibit "A".
(2) To satisfy the costs against n/a you are directed to levy
upon any property of n/a and sell his or her interest therein."
Premises as follows:
Olrtis R. Lana, Prothonotary
4162 Kittatiny Drive
Mechanicsburg, PA
'--
~rhp .P 7f4~~' Q;YJ-ef'
- I
Seal of the Court
Date: January 4, 20~
Dale F. Shughart, Jr, Esquire
35 East High Street
Suite 203
Carlisle, PA 17013
717-241-4311
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-05209 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BUYSSE STEVEN C
VS
SANDERSON JOHN M
RONALD HOOVER
/ Sheriff or Deputy Sheriff of
Cumberland County/Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
SANDERSON JOHN M
the
DEFENDANT
, at 0835:00 HOURS, on the 2nd day of December, 2004
at 4162 KITTATINNY DRIVE
a true and attested copy of COMPLAINT - EJECTMENT
together with
MECHANICSBURG1 PA 17055
by handing to
JOHN M SANDERSON
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
17.76
.00
10.00
.00
45.76
So Answers:
,--[~",""a~!~:",...<;,>C. ~
/' ,~>,;;.:,.-"".. ,." -;r ~
R. Thomas Kline
12/06/2004
DALE SHUGHART JR
By:
.., ~".c_ ," /
>~['Z': //::;/
Deputy Sheriff
STEVEN C. BUYSSE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
NO. 04-5209 CIVIL TERM
JOHN M. SANDERSON,
Defendant
IN EJECTMENT
WRIT OF POSSESSION
COMMONWEALTH OF PENNSYLVANIA
Atty's Costs
Prothy
$125.26
$ 1.00
COUNTY OF CUMBERLAND
To the Sheriff of Cumberland County:
"(1) To satisfy the judgment for possession in the above
matter you are directed to deliver possession of the following
property to Steven C. Buysse:
Legal description of the property is attached as Exhibit "A".
(2) To satisfy the costs against nla you are directed to levy
upon any property of nla and sell his or her interest therein."
Premises as follows:
Curtis R. Long, Prothonotary
4162 Kittatiny Drive
Mechanicsburg, PA
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Seal of the Court
Date: January 4, 20~
Dale F. Shughart, Jr, Esquire
35 East High Street
Suite 203
Carlisle, PA 17013
717-241-4311
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