HomeMy WebLinkAbout00-07699
JAMES RYAN WARD, : IN THE COURT OF COMMON PLEAS OF
plaintiff, . CUMBERLAND COUNTY, PENNSYLVANIA
.
. C?t'u.{ T~
. No. DO - 7r..9~
v. .
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TIMOTHY L. WICKARD, . CIVIL ACTION LAW
.
a/k/a TIMMY L. WICKARD, and : ACTION OF REPLEVIN
HEATHER A. WICKARD,
Defendants : JURY TRIAL DEMANDED
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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas expuestas en las paginas siguientes,
usted tiene viente (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia
escrita 0 en persona 0 por abogado y archivar en la corte en forma
escrita sus defensas 0 sus objeciones alas demandas en contra de
su persona. Sea avisado que si usted no se defiende, la corte
tomara medidas y puede entrar una orden contra usted sin previo
aviso 0 notificacion y por cualquier queja 0 alivio que es pedido
en la peticion de demanda. Usted puede perder dinero 0 sus
propiedades 0 ostros derechos impoprtantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO Il'lMEDIATAMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION BE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
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JAMES RYAN WARD, IN THE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
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v. . NO. /If}. 7(..9'1 G;;:J T.u...-
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TIMOTHY L. WICKARD, . CIVIL ACTION LAW -
.
a/k/a TIMMY L. WICKARD, and . ACTION OF REPLEVIN
.
HEATHER A. WICKARD, .
.
Defendants . JURY TRIAL DEMANDED
.
COMPLAINT TO RECOVER PROPERTY WRONGFULLY
TAKEN AND DETAINED
1. Plaintiff resides in the Borough of Carlisle, County of
Cumberland, Commonwealth of Pennsylvania.
2. Defendants reside in the Borough of Carlisle, County of
Cumberland, Commonwealth of Pennsylvania.
3. Plaintiff owns and is entitled to the immediate possession of
the following personal property: two (2) white vans used for
business activities by Plaintiff. Van #1 is a 1987 Chevy G30, 1
Ton vehicle whose VIN # is IGCGG35K287152676. Van #2 is a 1978 5
Ton vehicle whose VIN # is CPL3583301660. Tools, materials and
equipment are located in the one van that are specially designed
for plaintiff's business.
4. The basis of plaintiff's ownership of said property is as
follows: Van #1 was purchased in February or March of 2000 from a
gentleman in Spring Grove, Pennsylvania, and Plaintiff has the
title and proof of ownership papers.
Van #2 was purchased
approximately 2 years ago and Plaintiff has the title and proof of
ownership papers.
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5. The value of said property is: Van #1 is worth $4500, Van #2
is worth $5000, and the tools and equipment value approximately
$15,000.
6. On July 15, 2000, Defendants wrongfully and without
Plaintiff's consent took said property from Plaintiff's possession
at 315 Juniper Street, Carlisle, Pennsylvania.
7. Defendants have wrongfully detained said property since July
15, 2000, and still wrongfully detain said property at 315 Juniper
Street, Carlisle, Pennsylvania.
8. On July 19, 2000, Plaintiff's counsel demanded to Defendant' s
counsel that Defendant return said property to Plaintiff, but
Defendant refused and still refuses to comply with said demand.
9 . Defendant's wrongful detention of said property has prevented
Plaintiff from using same, all to his damage in the sum of more
than $3,500.00 in lost business.
WHEREFORE, Plaintiff prays in this replevin action for
judgment against Defendant:
1. For the recovery of said personal property or for damages
of $24,500.00, the value of same, in case Plaintiff
cannot obtain possession of same;
2. for $3,500.00 damages for the detention of said property;
3. For costs of this action; and
4. For such other further relief as the court deems just and
proper.
Date:
/o/24/2u1JC;
.
Respectfully submitted,
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Marlin L. Markley, Esquire
2108 Market Street, Aztec Building
Camp Hill, Pennsylvania 17011-4706
ID# 84745 Tel. (717) 763-1800
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JAMES RYAN WARD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
TIMOTHY L. WICKARD,
a/k/a TIMMY L. WICKARD, and
HEATHER A. WICKARD,
Defendants
CIVIL ACTION LAW -
: ACTION OF REPLEVIN
.
.
: JURY TRIAL DEMANDED
VERIFICATION
I, James Ryan Ward, state that I am the Plaintiff in the
above-captioned case and that the facts set forth in the above
ACTION IN REPLEVIN are true and correct to the best of my
knowledge, information and belief. I realize that false statements
herein are subject to the penalties for unsworn falsification to
authorities under 18 Pa C.S. 4904.
Dated:
l' /k;/ crd
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JAMES RYAN WARD,
Plaintiff,
V.
TIMOTHY L. WICKARD,
alk/a TIMMY L. WICKARD
andHEATHERA. WICKARD,
Defendants.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-7699 CIVIL TERM
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: James Ryan Ward
c/o Marlin Markley, Esquire
2108 Market Street, Aztec Building
Champ Hill, Pennsylvania 170 II
You are hereby notified that you have twenty (20) days in which to plead to the enclosed
Answer, New Matter and Counterclaim or a Default Judgment may be entered against you.
Date: Iz.-/r; / lf1)
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David A. Baric, Esquire
LD.#44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
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JAMES RYAN WARD,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-7699 CIVIL TERM
V.
TIMOTHY L. WICKARD,
alk/a TIMMY L. WICKARD
and HEATHER A. WICKARD,
Defendants.
CIVIL ACTION-LAW
JURY TRIAL DEMANDED
ANSWER. NEW MATTER AND COUNTERCLAIM
AND NOW, come Defendants by and through their attorneys, O'BRIEN, BARIC &
SCHERER, and file the within Answer, New Matter and Counterclaim and, in support thereof,
set forth the following:
1. Admitted.
2. Admitted.
3. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of these averments and they are, therefore, denied.
4. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of these averments and they are, therefore, denied.
5. After reasonable investigation, Defendants are without knowledge or information
sufficient to form a belief as to the truth of these averments and they are, therefore, denied.
6. Denied. To the contrary, the property which remained on the premises as of noon
on July 15,2000 was abandoned by the Plaintiff. Defendants incorporate by reference the
pleadings and order of court issued by Judge Oler ofthe Court of Common Pleas of Cumberland
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County docketed to 2000-3651. Moreover, Plaintiff had a period of seventeen (17) days from the
entry of said order to remove any and all property of Plaintiff at the residence.
7. Denied. Defendants incorporate by reference their response to paragraph 6 as
though set forth at length.
8. Admitted in part and denied in part. It is admitted only that Plaintiffs counsel
made said request. It is denied that Plaintiff has a right to recover said property or that he has
presented proof of ownership. Defendants incorporate by reference their response to paragraph 6
as though set forth at length.
9. Denied. Defendants incorporate by reference their response to paragraph 6 as
though set forth at length.
WHEREFORE, Defendants request judgment in their favor and against the Plaintiff
together with costs and expenses.
NEW MATTER
10. Plaintiff entered into an Installment Sales Agreement with Defendants to purchase
the property known as 315 Juniper Street, Carlisle, Pennsylvania. A true and correct copy of the
Installment Sales Agreement is appended hereto as Exhibit I and is incorporated.
II. Plaintiff defaulted on the Installment Sales Agreement and Defendants sought entry
of an order of ejectment by confession as provided for in the Installment Sales Agreement.
12. The action in ejectment was docketed to No. 2000-3651 Civil Term.
13. An order in ejectment was entered by the court dated June 28, 2000. A true and
correct copy of said order is appended hereto as Exhibit 2 and is incorporated.
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14.
15,2000.
15.
Pursuant to said order, Plaintiff was to remove from the property by noon on July
As of noon on July 15,2000, Plaintiff had failed to remove personalty from the
property in violation of said order.
16. Upon entering the property, it was apparent that Plaintiff had further violated said
order by failing and refusing to make the repairs set forth in the order of court.
17. Defendants had contact with other individuals after noon on July 15,2000 who
claimed ownership of some of the personalty left on the property.
18. The property at 315 Juniper Street was severely damaged by Plaintiff during his
possessIOn.
19. Defendants have obtained a judgment against Plaintiff in the amount of $8, 113.3 8
which is docketed to No. 2000-8353 Civil Term and which relates to repairs to the property
necessitated by the actions of Plaintiff.
20. This action is barred by res judicata and/or collateral estoppel.
21. Plaintiff has unclean hands.
22. Plaintiff has failed and refused to produce indicia of ownership of the personalty
which remains at the property.
23. One of the vans has no engine.
24. Upon information and belief, Plaintiff has continued to conduct his business since
July 15, 2000 and has continued to produce income from his work.
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25. Defendants were justified in securing the personalty left at the property by Plaintiff
after Plaintiff failed to comply with the order of court.
26. The prior order of court and judgments obtained against Plaintiff are an offset to
the instant matter.
WHEREFORE, Defendants request judgment in their favor and against Plaintiff together
with costs and expenses.
COUNTERCLAIM
COUNT I
BREACH OF CONTRACT
27. Defendants incorporate by reference paragraphs one through twenty-six as though
set forth at length.
28. Pursuant to the Installment Sales Contract entered into by the parties Plaintiff was
to pay to Defendants the sum of$70,500.00.
29. Plaintiff breached his obligations under the Installment Sale Contract by failing and
refusing to make payments required thereunder.
30. Pursuant to the Installment Sales Contract in the event of breach of the agreement
by the Plaintiff, Defendants are entitled to recovery of the entire amount of unpaid principal sum
remaining unpaid at the time of breach.
31. At the time of Plaintiffs breach there remained due and owing under the
Installment Sales Contract the principal sum of $66,722.52.
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32. Pursuant to the Installment Sales Contract, Defendants are entitled to recovery of
a five (5%) percent attorney's commission on the principal balance due and owing in the event of
breach by the Plaintiff, said commission amounting to $3,336.12; moreover, Defendants are
entitled to recover costs of suit and interest on the principal sum due.
WHEREFORE, Defendants request judgment in their favor and against the Plaintiff for
the following:
1. The principal debt of$66,722.52;
2. Attorney's commission of $3,336.12;
3. Costs and expenses of this action; and,
4. Such other relief as may be deemed proper.
Respectfully submitted,
O'BRIEN, BARIC &
~Vt:
ERER
David A. Baric, Esquire
I.D. # 44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
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VERIFICATION
We verify that the statements made in the foregoing Answer, New Matter and
Counterclaim are true and correct. We understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities.
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T~y L. Wickard
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Heather A. Wickard
DATED:
/2/191/00
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INSTAllMENT SALES CONTRACT
ARTICLES OF AGREEMENT, made the 3rd day of December, 1999,
between TIMOTHY L. WICKARD a/kfa TIMMY L. WICKARD and HEATHER A.
WICKARD, husband and wife (hereafter singularly and collectively called Seller) and
JAMES RYAN WARD (hereafter singularly and collectively called Purchaser).
WITNESSETH: that the Seller, in consideration of the terms and
conditions hereinafter mentioned and contained, agrees to sell and convey unto the
said PurcHaser, his heirs and assigns all that certain real estate located at315 Juniper
Street, Carlisle, Pennsylvania, being more fully described as follows:
ALL that certain lot of ground with the improvements thereon situate in
the Borough of Carlisle, County of Cumberland and State of
Pennsylvania, bounded and described as follows:
BEGINNING at a point on the eastern side of Juniper Street (60 feet
wide) at the Corner of Lot No. 14 on the hereinafter mentioned plan of
lots; thence by a curve to the right, extending in an easterly direction
and having a radius of 75.00 feet, an arc distance of 98.54 feet; thence
by Juniper Street, South 69 degrees 06 minutes East, a distance of
50.51 feet to a point; thence South 20 degrees 54 minutes West, a
distance of 55.69 feet to a point; thence by Lot NO.14 on said plan, North
69 degrees 13 minutes West, a distance of 123.05 feet to a point, the
Place of BEGINNING.
BEING Lot No. 14A on a Subdivision Plan of Section NO.1 of Willow
CrOSSing made by Gerrit J. Betz, R.S., dated November 20,1972, as
recorded in the Cumberland County Recorder of Deed's Office in Plan
Book 25, Page 90.
AND BEING the same premises which Cynthia E. Pitts, by Deed dated
February 11. 1994 and being recorded in Cumberland County Deed
Book 101, Page 491, granted and conveyed unto Timmy L. Wickard and
Heather A. Wickard.
1. Sale Price. Terms: The Purchaser agrees to pay to Seller therefor, the
sum of Seventy Thousand Five Hundred and 00/100 Dollars ($70,500.00) due and
payable as follows: The sum of Three Thousand Five Hundred and 00/100 Dollars
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($3,500.00) due and payable upon execution hereof, receipt whereof is hereby
acknowledged and the balance of Six-seven Thousand and 00/100 Dollars
($67,000.00) due and payable in monthly installments of Six Hundred Forty-three and
39/100 Dollars ($643.39) beginning the 30th day of November, 1999, and every month
thereafter on the 30th day, to be applied first to interest at the rate of 7.5 percent per
annum and thereafter to reduction of principal. Provided that unless sooner paid, all
unpaid principal and interest shall be due in full on or before October 30, 2001. The
aforesaid monthly payment is broken down as follows: $464.28 principal & interest;
$169.12 taxes and insurance escrows; $9.99 OPT Product.
2. Late Charae: A late charge of five percent (5%) of such monthly
payment shall be paid by Purchaser for expenses incurred by Seller in sending
delinquent notices and account supervision.
3. Additional Pavments: In addition to the said monthly installments on
account of purchase price and interest thereon, the said Purchaser agrees to pay the
taxes, municipal assessments, utility charges, if any, make all necessary repairs to the
premises and to keep in force not less than Seventy Thousand Five Hundred and
00/100 Dollars ($70,500.00) of fire insurance and extended coverage with a reliable
insurance company approved by Seller, with loss payable to the parties as their
interests appear. A copy of said policy is to be sent to Seller.
4. Prepavment: The Purchaser sh,all have the privilege of paying as
much more than the required monthly installment of principal and interest as desired,
and nothing contained in this Agreement shall be construed to limit reduction of
principal of said amount. Interest shall be computed on the unpaid balance.
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5. Place of Pavment: All payments shall be made to the Seller at
whatever address is designated in writing.
6. Delivery of Possession: It is also agreed between the parties hereto
that possession of the said premises shall be delivered to the Purchaser on the date of
execution hereof, and that said Purchaser shall be entitled to receive rents, issues and
profits from said date of delivery of possession of said property.
7. Alterations: The Purchaser agrees not to make any substantial
alteration of the condition of the premises or of any buildings thereon erected without
first securing the written consent and approval of the Seller.
8. Taxes. Proration: Taxes for prior years have been paid. Taxes for the
current year have been prorated between the parties hereto using the fiscal years of
the taxing authorities as the basis, and on the date of execution hereof, as prorating
date. At the time that Seller is required, pursuant to Paragraph 11, to provide
Purchaser with a Deed of Conveyance, Purchaser shall pay to Seller, the following
prorated real estate taxes: CountylTownship $32.05 - School $552.22. When legal title
is taken by the Purchaser or their designee, Seller shall pay one-half of the transfer
taxes then in effect up to a maximum of one (1%) percent of sale price hereof, and the
Purchaser shall pay the remainder. Provided, however, if this property is conveyed to a
third party at the request of the Purchaser, then all transfer taxes on said conveyance
shall be paid by said third party and Purchaser as they may agree and none shall be
paid by Seller.
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9. Seller's Right to Encumber: Seller shall have the privilege of
encumbering the premises which are the subject of this agreement by a mortgage or
otherwise, provided that at no time may any such encumbrance exceed the unpaid
principal balance of this agreement, and if Seller should default in making any
payments which may be required in connection with any such mortgage or other
encumbrance, the Purchaser shall have the privilege of applying any sums payable
pursuant to this agreement to such encumbrance holder, which payments shall be
credited toward the obligations of Purchaser hereunder.
10. Hiahwav Occupancv: Seller warrants thaUhe property has a valid access
to the public road and that at the signing of this Agreement or within a reasonable time
thereafter, the Seller will provide Purchaser with the necessary permit or paperwork.
11. Deed Conveyance: Upon compliance with the foregoing terms and
conditions and payment of the said purchase price in full by the Purchaser, the Seller
will, at the expense of Seller, make, execute and deliver to the Purchaser, a good and
sufficient deed for the proper conveying and assuring of the said premises, in fee
simple, free from all encumbrances, dower and rights of dower, subject only to
easements and restrictions, visible or of record, such conveyance to contain the usual
covenants of special warranty.
12. Default bv Purchaser: In the event the said Purchaser shall fail to make
any monthly payment for a period of thirty (30) days after the same shall have become
due and payable by the terms hereof, or jf a breach of any of the foregoing conditions
be made by Purchaser, then and in such case this Agreement shall, at the option of the
Seller, become null and void and the Purchaser shall forfeit all monies then paid as
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liquidated damages, representing the fair rental value of the property during the time
the same shall have been occupied by the Purchaser. Provided, however, that no such
default shall occur unless Seller has given Purchaser at least fifteen (15) days written
notice of such violation of the terms hereof and Purchaser shall have failed to correct
such default.
In the alternative, if default shall be made in the payment of any monthly
payment for a period of thirty (30) days after the same shall have become due and
payable by the terms hereof, or if a breach of any of the conditions of this agreement
shall be made by the Purchaser, the entire principal sum remaining unpaid may, at
Seller's option, become due and payable at once and may be collected by suit or
otherwise; and the Prothonotary or any attorney of any court of record of Pennsylvania
or elsewhere is hereby authorized and empowered to appear for and confess judgment
against the said Purchaser and in favor of the Seller for the whole amount of said
principal sum remaining unpaid, together with interest, costs of suit, release of errors,
attorney's commission of five percent of any unpaid balance due hereunder, and
waiving inquisitions and exemptions.
Upon the breach of any of the covenants or conditions of this Agreement,
or upon its termination by forfeiture, the Prothonotary or any attorney of any Court of
record of Pennsylvania, is hereby authorized to appear for and to confess judgment in
an amicable action of ejectment against the Purchaser and in favor of the Seller for the
premises herein described, and to direct the immediate issuing of a Writ of Execution
for costs, waiving all irregularities, without notice and without leave of Court, and with
Three Hundred ($300.00) Dollars added as reasonable attorney's fees.
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Seller shall have the right upon any default or subsequent default or upon
termination of this Agreement to bring one or more amicable action or actions to
recover possession of said premises.
In order to effectuate compliance herewith, a Deed conveying the subject
premises from Purchaser to Seller shall be delivered to David A Baric, Esquire, to be
held in escrow to be utilized for the conveyance from Purchaser to Seller in accordance
herewith in the event of default by Purchaser. David A Baric, Esquire, is authorized in
his sole and total discretion to deliver said Deed to Seller thirty (30) days following
written notification by Seller to David A. Baric, Esquire, with a copy to Purchaser that
default in the nature of a payment being due past thirty (30) days, or otherwise has
occurred. The parties release David A Baric, Esquire from any liability hereunder and
agree to indemnify and save him harmless from any claims with respect hereto or from
any loss or damage, direct or indirect arising hereunder, including but not limited to
costs and attorney's fees incurred hereby. Parties further agree not to institute or
commence any action or suit whatsoever against David A. Baric, Escrow Holder, but all
legal actions shall be directly between the parties.
13. Sellers' Riahts. Acceptance by the Seller of any of the aforesaid
monthly, payments after the same shall have become past due and in default, or any
failure to enforce any of the rights herein reserved to the Seller, or any of the penalties,
forfeitures, damages or conditions herein contair;1ed, shall not be considered a waiver
of the right to enforce the same at any time without notice whatsoever, and any attempt
to collect the amount due by one proceeding shall not be considered a waiver of the
right to institute any of the other proceedings herein provided.
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14. Modification. No modification of this Agreement shall be binding
upon the parties hereto unless the same shall be in writing and duly approved by said
parties.
15 Assianabilitv. The interest of the Purchaser in this Agreement shall
not be assignable, in whole or in part, without the prior written consent and approval of
the Seller, and if such assignment is attempted, all rights and remedies of the Seller set
forth herein or which the Seller may otherwise have, shall immediately accrue to the
Seller. Transfer of title by Will, survivorship or by descent shall not be regarded as an
assignment requiring the consent and approval of the Seller.
16 This Agreement shall be recorded at Purchaser's expense only with
the approval of Seller.
17 Bindina Aareement. This Agreement is to extend to and be binding
upon the heirs, successors, executors, administrators and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement consisting of five (5) pages the day and year first above written.
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SELLER:
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PURCHA~W J
RYAN WARD
(Seal)
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Commonwealth of Pennsylvania
:ss.
County of Cumberland
On this the 3rd day of December, 1999, before me, the undersigned
officer, personally appeared TIMOTHY L. WICKARD a/kla TIMMY L. WICKARD and
HEATHER A. WICKARD known to me (or satisfactorily proven) to be the persons
whose names are subscribed to the within instrument, and acknowledged that they
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
h
eal
Notarial Seal
Angela F. Unger. Notary Public
Carlisle Boro. Cumbe~and County
My Commission Expires Oct. 7. 20bo
Member, Pennsylvania Association of Notaries
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Commonwealth of Pennsylvania
:ss.
County of Cumberland
On this the 3rd day of December, 1999, before me, the undersigned
officer, personally appeared JAMES RYAN WARD known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he executed the same for the purposes therein contained.
iN WITNESS WHEREOF, i hereunto set my hand and official seal.
~F~(Seal)
Notarial Seal
Angela F. Unger, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Oct. 7. 2000
Member, Pennsylvania Association of NotarlO$ 1
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O'BRIEN. BARIC & SCHERER
17 West South Street
Carlisle, Pennsytvania 17103
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II TIMOTHY L. WICKARD,
II a/k1a TIMMY L. WICKARD, and
HEATHER A. WICKARD,
vs. Plaintiffs
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JAMES RYAN WARD,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03651 CIVIL 2000
: CIVIL ACTION LAW -
: CONFESSION OF JUDGMENT
: AMICABLE ACTION IN EJECTMENT
ORDEROF COURT
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AND NOW THIS z:i day of June, 2000, the parties attached Stipulation
and Agreement of this date is hereby made an Order of Court.
BY THE COURT,
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TIMOTHY L. WICKARD,
a/kla TIMMY L. WICKARD, and
HEATHER A. WICKARD,
vs. Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03651 CIVIL 2000
: CIVIL ACTION LAW -
: CONFESSION OF JUDGMENT
: AMICABLE ACTION IN EJECTMENT
JAMES RYAN WARD,
Defendant
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STIPULATION AND AGREEMENT
AND NOW COMES, the undersigned parties, Timothy L. Wickard, a/kla Timmy
L. Wickard, Heather A Wickard, Plaintiffs and James Ryan Ward, Defendant, by and
through their respective attorneys, to stipulate and agree as follows:
1) that the Defendant, James Ryan Ward did voluntarily, intelligently and
knowingly give up his right to notice and hearing prior to the entry of judgment.
2) that the Defendant, James Ryan Ward consents to the entry of a Order of
'I Possession and that said Order of Possession shall be effective Noon, July 15, 2000.
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3)
that the Plaintiffs, Timothy L. Wickard, a/kla Timmy L. Wickard and
Heather A. Wickard agree that Defendant, James Ryan Ward may maintain possession
of the real estate through Noon, July 15, 2000
4)
that the Defendant, James Ryan Ward will do no further damage to the
property and will repair the following items:
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A)
Screen door
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B)
Broken window
C)
Pet damage
IN WITNESS WHEREOF, the above named parties, by and through th~
respective attorneys, have executed this Stipulation and Agreement this Z'f day
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of June, 2000.
WITNESS:
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ROBERT L. O'BRIEN, ESQUIRE
Attorney for Plaintiffs
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ROGER M. MORGENT AL, ESQUIRE
Attorney for Defendant
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CERTIFICATE OF SERVICE
, ;~,'_'d,_, - --_",~,,,,",',,,_<,-'_'__~~',
I hereby certify that on December 6, 2000, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Answer, New Matter and Counterclaim, by first class U.S. mail,
postage prepaid, to the party listed below, as follows:
Marlin L. Markley, Esquire
2108 Market Street
Aztec Building
Camp Hill, Pennsylvania 17011
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David A. Baric, Esquire
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SHERIFF'S RETURN - REGULAR
~ASE NO: 2000-07699 P
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COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WARD JAMES RYAN
VS
WICKARD TIMOTHY L ET AL
HAROLD WEARY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN
WICKARD TIMOTHY L A/K/A TIMMY L. WICKARD
was served upon
the
DEFENDANT
, at 0008:45 HOURS, on the 16th day of November, 2000
at 692 S MIDDLESEX RD
CARLISLE, PA 17013
by handing to
TIMOTHY WICKARD
a true and attested copy of COMPLAINT - REPLEVIN
together with
NOTICE
and at the same time directing His attention to the contents thereof.
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Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.72
.00
10.00
.00
31.72
"so;;~~
R. Thomas Kline
11/17/2000
PATRICK F. LAUER, JR.
Sworn and Subscribed to before
By:
-1/41 -ft JrJ b 7J
. Deputy eriff
me this 3/? f!::. day of
~ dLo-oiJ A.D.
( ) u-&~.~
~thonotary .
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SHERIFF'S RETURN - REGULAR
~ASE NO: 2000-07699 P
~
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WARD JAMES RYAN
VS
WICKARD TIMOTHY L ET AL
HAROLD WEARY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - REPLEVIN
was served upon
WICKARD HEATHER A
the
DEFENDANT
, at 0008:45 HOURS, on the 16th day of November, 2000
at 692 S MIDDLESEX RD
CARLISLE, PA 17013
by handing to
TIMOTHY WICKARD
a true and attested copy of COMPLAINT - REPLEVIN
together with
NOTI CE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
So Answers:
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R. Thomas Kline
11/17/2000
PATRICK F. LAUER, JR.
Sworn and Subscribed to before
By:
7~ JiJ-bW
Deput Sherif
me this 30 ~
day of
~ 2mnJ A.D.
O~
rothonotary'~