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BRIAN C. SWEENEY and LAURA,
M. SWEENEY, husband and wife,
Plaintiffs
: IN THE COURTS OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
0' - 1~1. CIVIL TERM
IN EJECTMENT
JAMES R. MOUL and MAYRE ERIN,
MOUL, husband and wife, and
KATHLEEN COYNE, an adult
individual
NOT ICE
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA
(717) 249-3166
Andrew C. Sheely, Esq
PA. I.D. No. 62469
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717 697-7050
Attorney for Plaintiffs
BY
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BRIAN C. SWEENEX and LAURA,
M. SWEENEY, husband and wife,
Plaintiffs
IN THE COURTS OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.'
Of - q~.z...CIVIL TERM
JAMES R. MOUL and MAYRE ERIN,
MOUL, husband arid wife, and
KATHLEEN COYNE, :an adult
individual
IN EJECTMENT
COMPLAINT
Plaintiffs; Brian C. Sweeney and Laura M. Sweeney, husband
and wife, by and through counsel of Andrew C. Sheely, Esquire,
hereby file thi~ Complaint and respectfully aver as follows:
1. Plaintfffs are Brian C. Sweeney and Laura M. Sweeney,
husband and wif~, of 11146 Waterfall Road, McConnellsburg,
Pennsylvania.
2. Defend~nts James R. Moul and Mayre Erin Moul are husband
and wife residing at 16 West Main Street, Shiremanstown,
Pennsylvania.
3. Defendarlt Kathleen Coyne is an adult individual is the
mother of Mayre jErin Moul with an unknown address.
4. Plainti~fs are the record legal owners of certain real
estate being im~roved with a dwelling home situated in the Borough
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of Shiremanstowq, Cumberland County, Pennsylvania, by deed dated
June 25, 1996 and recorded on June 26, 1996 in the Office of the
Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book
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141, page 690, ~eing bounded and described as follows:
ALL THAT CERTAI~ piece or parcel of land, situate, lying and being
in the Borough of Shiremanstown, Cumberland County, Pennsylvania,
being more fully bounded, limited and described as follows, to
wit:
BEGINNING at a point on the No~th by Main Street, having a
frontage of forty feet; on the East by land now or formerly of
Gary-Alan Development Corp., One hundred eighty-three (183) feet,
more or less to Courtland Alley; on the West by land now or
formerly of Les~er J. Mayberry, one hundred eighty-three (183)
feet, more or less, to Main Street, the place of BEGINNING.
HAVING THEREON ERECTED a two and one-half story brick dwelling
house being knoWn and numbered as 16 West Main Street,
Shiremanstown, ~ennsylvania.
5. Plaintiffs acquired an immediate right of possession of
the premises by ,deed dated June 25, 1996 and recorded on June 26,
1996 in the Off~ce of the Recorder of Deeds of Cumberland County,
pennsylvania in 'Deed Book 141, page 690, a copy of which is
attached hereto as Exhibit "A".
6. On or about August 13, 1999, Plaintiff and Defendants
entered into an installment sales agreement wherein Defendants
James R. Moul, Mayre Erin Moul and Kathleen Coyne agreed to
purchase the above-described real estate in accordance with the
terms of a written Installment Sales Agreement attached hereto as
Exhibit "B".
7. Pursuant to the Installment Sales Agreement dated August
13, 1999, Defendants took possession of the above-described real
estate on August 15, 1999.
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8. Pursuant to paragraph 14 of the Installment Sales
Agreement, Defendants agreed that they would comply with all terms
of the Agreement and completed settlement on said property by
August 15, 2000.
9. Throughout the period commencing on August 15, 1999 and
continuing through August 15, 2000, Defendants repeatedly failed
to make timely payments pursuant to paragraph 2 of the Agreement.
10. Defendants were not prepared to settle prior to August
15, 2000.
11. Settlement was eventually scheduled and held on
September 25, 2000, with a three-day right of rescission.
12. At settlement, Defendants were required to obtain
$32,190.09 in order to complete settlement.
13. During settlement and during the following three (3) day
right of rescission, Defendants were unable to meet the amount
necessary to complete settlement.
14. No settlement has occurred pursuant to the Installment
Sales Agreement to date.
15. Pursuant to paragraph 13 of the Agreement, Defendants
agreed that Plaintiffs, upon default by Defendant Purchasers,
could move forward with an amicable action in ejectment for the
purposes of ejecting Defendants from the premises without asking
leave of court, including an allowance for costs and reasonable
attorney fees.
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16. Plaintiffs requested that Defendants vacate the premises.
17. Defendants have made no payments to Plaintiffs for
periods after January 15, 2001
18. Defendants exercised and continue to exercise exclusive
possession and control over Plaintiffs' property without legal
right.
19. Efforts by Plaintiffs directing Defendants to remove
themselves and their property from Plaintiffs property have been
without success.
20. Plaintiffs are entitled to immediate and exclusive
possession of lands which Defendants currently occupy.
WHEREFORE, Plaintiffs, Brian C. Sweeney and Laura M.Sweeney,
respectfully request that this Honorable Court:
(1) Enter judgment in favor of Plaintiffs, and
against Defendants, ejecting Defendants from the real estate with
improvements thereon located at 16 West Main Street,
Shiremanstown, pennsylvania more specifically described by deed
dated June 25, 1996 and recorded on June 26, 1996 in the Office of
the Recorder of Deeds of Cumberland County, pennsylvania in Deed
Book 141, page 690;
(2) Enter an Order of Court directing Defendants to
immediately vacate themselves and all possessions from Plaintiffs'
property located at 16 West Main Street, Shiremanstown,
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Pennsylvania, all at Defendants' cost;
(3) Enter an Order of Court directing Defendants to pay
for and assume Plaintiffs' court costs and reasonable attorney
fees; and
(4) Declare the Installment Sales Agreement Null and
Void; and
(5) Any other relief deemed just and equitable.
Respectfully submitted,
February l~ 2001
BY
ndrew C. Sheely,
PA. I.D. No. 62469
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717 697-7050
Attorney for Plaintiffs
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VERIFICATION
I verify tpat 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: February 15, 2000
CbL
Brian C. Sweeney
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RECORDER OF aEtaS
I;:jMBERLf'.llD COUIHY-f'A
. 96 JUII 26 Al'lll 52
Tax Parcel No. 37-23-0555-032
THIS DEED,
MADE THE
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nine hundred
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ninety-six (1996)
BETWliJEN
JAMES W. SAUVE, JR., and JUDITH A. SAUVE, his
wife, STEPHEN c. SAUVE and HELEN M. SAUVE, his
wife, and DAVID L. SAUVE and SHARON K. SAUVE, his
wife, of
Grantors,
and
BRIAN C. SWEENEY and LAURA M. SWEENEY, husband and
wife, of camp Hill, Pennsylvania
Grantees:
WTT1VESS~l1, that in consideration of One Hundred Five Thousand
Dollars and No/IOO Dollars ($l05,000.00), in hand paid, the
receipt wheFeaf is hereby acknowledged, the said Grantors do
hereby grant and convey to the said Grantees, their heirs and'
assigns:
ALL THAT CERTAIN piece or parcel of land situate in the Borough
of Shiremanstown, Cumberland county, Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at a point on the North by Main Street, having a
frontage of forty (40) feet; on the East by land now or formerly
of Gary-Alan Developmen,t Corp., .one hundred eighty-three (183)
feet, more or less to Courtland Alley; on the West by land now or
formerly of Lester J. Mayberry, one hundred eighty-three (183)
feet, more or less, to Main street, I the place of BEGINNING.
HAVING ERECTED THEREON a two and one-half story brick dwelling
house being known and numbered as 16 West Main Street,
Shiremanstown, pennsylvania.
600K i4i PAGE 690
BEING the same premises which Rhonda E. smith, single, by deed
dated June 10, 1930 and recorded in the Cumberland county
Recorder of Deeds Office in Deed Book "0", Volume II, Page 302,
granted and conveyed unto Benjamin Erb and Ida E. Erb, his wife.
Ths said aenjamin Erb died on October 26, 1943, whereupon the
entire estate vested SOlely in Ida E. Erb, the surviving tenant
by the entirety. Ida E. Erb died testate on November 12, 1952,
and by her Last Will and Testament dated June 6, 1952, and
recorded in Will Book 48, Page 15, provided as follows:.
No. 8 - "I give and bequeath to my niece, Mildred Erb Sauve,
the sum of Eight Thousand ($8,000.00) Dollars, furthermore, I
give, devise and bequeath to my said niece, Mildred Erb Sauve,
for and durinq her natural life and after her death to her
children, my residence located at and known as 16 West Main
street, Shiremanstown, Pennsylvania, she to have the right and
privilege of occupying the same as soon as the sale of my
personal property has peen made."
Mildred Erb Sauve died on October 10, *994. Three (3)
children were born to Mildred Erb sauve, all of whom are now of
full age, namely James W. Sauve, Jr., stephen c. sauve, and David
L. Sauve, and who together with their spouses, allot whom also
being of .full age, have joined lin this deed as grantors. The
spouses of James W. Sauve, Jr., Stephen C. sauve, and David L.
Sauve join in this conveyance to convey any equitable inter~st
which they may have acquired in the real estate since October 10,
1994.
AND the said Grantors hereby covenant and agree that they will
warrant generally the property hereby conveyed.
nqfr.r.r~S ~O~ said Grantors have hereunto set their hands
and seals the day and year first above written.
SigJlod. SealcdandDelift!rtld
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(SEAL)
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(SEAL)
lOOK 141 PAGE 691
INSTALLMENT SALES AGREEMENT
THIS AGREEMENT, made this I3.rLday of .Ahj~ , 1999, by and
between Brian and Laura Sweeney, husband and wife, of 16 W, Main
Street, Shiremanstown, Cumberland County, Pennsylvania, hereinafter
referred to as "Sellers", and James R. and Mayre Erin Moul, husband
and wife, of 209 S. Market Street, Mechanicsburg, Cumberland
County, Pennsylvania, hereinafter referred to as "Buyers". Mayre
Erin Moul's mother., Kathleen Coyne, shall be a guarantor of the
financial obligations of the Buyers.
THE PARTIES HERETO, with intent to be legally bound, do hereby
agree, covenant and represent as follows:
1. SALE AND PURCHASE. The Sellers shall sell and convey to
Buyer who shall purchase all that certain lot or piece of ground
with improvements thereon erected, commonly known as 16 West Main
Street, Shiremanstown, Cumberland County, Pennsylvania, as more
fully described on Exhibit "A" hereto, hereinafter referred to as
the "Premises", upon the following terms and conditions.
2.
Hundred
paid to
PURCHASE PRICE. The price or consideration shall be One
Twenty-Nine Thousand Dollars ($129,000.00), which shall be
the Seller by the Buyers as follows:
A Five Thousand Dollar ($5,000.00) down payment due at
the time of signing this Agreement. The remaining purchase money
($124,000.00) shall be paid within 12 months, August 15, 2000.
Until such time as the remaining $124,000.00 is paid, Buyers shall
pay Sellers $850.00, beginning August 15, 1999, each and every
month. The payments shall be paid directly to Sellers, not later
than the fifteenth day of each month.
3. PREPAYMENT. Buyers shall have the right to prepay the
principal balance in whole or in part at any time without fee, fine
or penalty.
4. EXISTING J.ND FUTURE ENCOMBRlWCES. The Premises are to be
conveyed at time of final settlement by special warranty deed, free
and clear of all liens, reservations, restrictions, encumbrances
and easements except, however, those, if any, which are of record
immediately prior to execution of this Agreement or which a
physical inspection or competent survey of the Premises would
disclose. As of the date of this Agreement, the Sellers covenant
that the Premises are subject to a mortgage given by Sellers held
by the dated, in the
principal amount of
5. POSSESSION. Possession of the Premises shall be given to
Buyer on August 15, 1999.
6. REAL. ESTATE TAXES AND BENEFIT ASSESSMENTS. Sellers shall
be liable for all real estate taxes related to the premises until
the date of settlement. Real estate taxes shall be apportioned as
of the date of final settlement. Buyers shall be liable for water
and sewage charges and fees subsequent to the day of possession.
Buyers shall also be liable, effective the date of possession, for
the payment of any benefit assessments' imposed against the Premises
for improvements made after the date of possession. Sellers agree
to promptly forward to Buyers any assessments issued by the taxing
authorities which they may hereafter receive.
7. UTItITIES. Buyers,
responsible ffr and shall pay for
in connection with the Premises.
upon possession, shall be
all utilities and services used
8. INS~CE. Sellers agree to maintain fire and
extended coverage home owner's insurance on the premises until
settlement. Buyers, at their own expense, shall acquire and keep
in full force and effect, during the term of this Agreement,
liability insurance in an amount of at least One Hundred Thousand
Dollars ($100,000.00) for accident, injury or death to anyone
person or to property, and Three Hundred Thousand Dollars
($300,000.00) for accident, injury or death to persons or property
arising out of anyone occurrence, with Sellers being named as
additional insured.
9. DESTRUCTION. Destruction of or damage to any building
or other improvement now or hereafter placed on the Premises,
whether from fire or any other cause, shall release the Buyers from
any of their obligations under this Agreement. However, at Buyers
option, they may in the event of destruction or loss to the
premises, elect to reaffirm the agreement upon the repair of the
premises by Sellers, or to take the premises with an appropriate
abatement due to the damage or destruction.
10. SELLERS' MORTGAGE. Sellers agree that they shall make
all payments which are required to be made under the provisions of
the mortgage referenced in paragraph four (4) of this Agreement,
and shall furnish such proof of payment of same as may from time to
time be reasonably requested by Buyers including statements from
the holder of said mortgage. lf Sellers are in default under the
mortgage for a period of at least thirty (30) days, Buyers shall
have the right to pay in full such arrearage and thereafter make
the periodic payments if Sellers fail to so do and shall receive an
equi valent credit against the then outstanding purchase price
hereunder, (and which shall also be credited against the monthly
payments required of Buyers hereunder).
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, Sellers shall not further lien the Premises during the term of
thls,Agreement, but in the event any lien should attach to the
Premlses s~bsequent to the date of this Agreement, Buyers shall
have the rlght to make such advances toward the retirement of such
lien as they deem advisable to protect their interest in the
Pr:mises, and shall be gi~en equivalent credit against the purchase
prlce hereunder (and whlch shall also be credited against the
monthly payments required of Buyers hereunder). Not withstanding
the foregoing sentence, prior to making any such advances, Buyers
must give prior written notice to Sellers of their intent to make
such advances, so that Sellers can object to the making of such
payments in the event the lien was improperly or erroneously
entered, the parties shall adopt a course of action that shall
reasonably and equitably protect their respective interests.
11. SELLERS' DEFAULT. In the event that Sellers are unable
to give title to Buyers as set forth above, Buyers shall have the
option of taking such title as the Sellers can give without
abatement of price or of being repaid all monies paid on account by
Buyers to Sellers (minus the fair market rental value of the
Premises during such period), and in the latter event, there shall
be no further liability or obligation by either of the parties, one
to the other, and the Agreement shall become null and void.
12. BUYERS' DEFAULT. Payment of all monies becoming due
hereunder by the Buyers and the performance of all covenants and
conditions of this Agreement to be kept and performed by the Buyers
are conditions precedent to the performance by the Sellers of the
covenants and conditions of the Agreement to be kept and performed
by the Sellers. In the event the Buyers shall fail for a period of
ten (10) days after they become due to make any of the payments
required by this Agreement, or should the Buyers fail to comply
with any other covenant or condition of this Agreement on their
part to be performed, the Sellers shall give written notice to the
Buyers of such default and upon failure of the Buyers to cure said
default within a period of ten (10) days after the giving of said
written notice, the Sellers may at their option, declare that the
whole of the unpaid principal sum shall become forthwith due and
payable; or the Sellers may at their option, declare the Agreement
terminated, and all rights and obligations under this Agreement
shall cease and terminate, and all payments made by Buyers shall be
retained by Sellers as liquidated damages for the use of the
Premises and not as a penalty. The right to confess judgment or
amicable action in ejectment shall survive the termination of this
agreement due to Buyers' default.
13. CONFESSION OF JUDGMENT. In the case of such default by
Buyers, the Buyers hereby authorize and empower any attorney of any
court of record to appear for them and confess judgment. for ~he
principal sum and interest remaining unpaid thereon w~th f:Lve
percent (5%) attorney's corrunission, hereby waiving the right of
exemption and inquisition so far as the Premises is concerned. Or
the Sellers may, at their option, in addition to any and all other
remedies available to Sellers at law or equity, proceed by action
of ejectment on this Agreement after default is made as aforesaid
for the recovery of the Premises and in such case the Buyers
authorizes and empowers any attorney of any court of record to
appear for them in an amicable action in ej ectment for the
Premises, to be entered by the Prothonotary, in which the Sellers
shall be the plaintiff and the Buyers the defendant, and confess
judgment for the Premises and authorize the irrunediateissuing of a
writ of possession (without asking leave of court) including an
allowance for costs and reasonable attorney fees, waiving all stay
and exemption laws.
14. FINAL SETTLEMENT. If Buyers discharges all of their
obligations hereunder, Sellers shall convey good and marketable fee
simple title to the Buyers as required by paragraph four (4) of
this Agreement on or before August 15, 2000. All realty transfer
taxes shall be divided equally between the parties.
15. TENDER WAIVED. Tender of an executed deed and purchase
money is hereby waived until final settlement.
16. MAINTENANCE. The property is sold "as is",consistent
wi th the "disclosure statement" provided by Sellers to Buyers.
Buyers agree to keep the Premises (including landscaping and all
shrubs) in as good repair and condition as exist at the time of
execution of this Agreement, reasonable wear and tear alone
excepted~ Any notice, ordinance or other matter filed subsequent
to the date of this Agreement by any governing authority for which
a lien could be asserted against the Premises is to be promptly
paid by the Buyers.
17. NON-REAL ESTATE EXTRAS. This sale includes the following
extras: computer desk and storage cabinet in the basement which are
sold "as-is".
18. ENTIRE AGREEMENT. This Agreement contains the entire
agreement between the Sellers and the Buyers and there are no other
terms, obligations, covenants, representations, statements or
conditions, oral or otherwise, of any kind whatsoever concerning
this sale. The provisions of this Agreement supersede any and all
prior writing between the parties. Any changes or addition~ to
this Agreement must be made in writing and executed by the part~es.
19. ASSIGNABILITY. Buyers shall not assign all or any part of
their interest under this Agreement without the express written
consent of the Sellers.
20. HEIRS AND ASSIGNS. The said parties hereby bind
themselves, their heirs, executors, administrators and assigns for
the faithful performance of this Agreement as set forth above.
21. TIME OF ESSENCE.
essence of this Agreement.
Time is hereby declared to be of the
IN WITNESS WHElilEOF, the parties
Installment Sales Agreement with intent to
have hereunto set their hands and seals.
WITNESS:
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DATE
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WITNESS:
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DATE
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to this Real Estate
be legally bound hereby
SELLER: ~
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Laura Sweeney
BUYER;
I, Kathleen Coyne, guarantee to Sellers the payment of any and
all indebtedness of Buyers to Sellers pursuant to this Installment
Sales Agreement. The obligations of Guarantor are dependent upon
the default of the Buyers. Sellers shall be required to proceed
against Buyers before bringing action against Guarantor for any
alleged default by Buyers. The Buyers shall be joined as a party
to any action brought against Guarantor by Sellers. In the event
any law suit is brought by Sellers against Guarantor, the
prevailing party shall be entitled to reasonable attorney fees and
costs associated with such legal action.
WITNESS
DATE
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GUARANTOR:
Kathleen Coyne
Commonwealth of Pennsylv~nia
County of L'0i'""f2R-,J.jo,,-,1i-
On this ;}lj~ay of j)-V1{;?1 , 1999, before me, the subscriber and
undersigned officer, personally appeared Brian and Laura Sweeney
personally known or satisfactory proven to me to be the persons
whose names are subscribed to the within instrument, and
acknowledged that they have executed the same for the purposes
therein .contained, and desired the same to be recorded as such.
In witness whereof, I have hereunto set my hand and official seal
the day and year aforesaid.
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Notary Public
Notarial Seal
Michael G. Sennett. Notary Public
Mechanicsbuf\I Bora. Cumbarland County
My CommIssion Expires Sept. 6. 1999
-Memb~r. Pennsylvania AsSllclatlon of Notaries
Commonwealth of Pennsylvania
County of
On this /3 day of t2~ ' 1999, before me, the subscriber and
undersigned officer, personally appeared James R. and Mayre Erin
Moul personally known or satisfactory proven to me to be the
persons whose names are subscribed to the within instrument, and
acknowledged that they have executed the same for the purposes
therein contained, and desired the same to be recorded as such.
In witness whereof, I have hereunto set my hand and official seal
the day and year aforesaid.
~~~
Nota
Commonwealth of Pennsylvania
County of
NOTARIAL SEAL
CHRISTINA C. SMITH. Notal}' Public
Hampden Twp,. Cumberland County
My CommIssion Expires Jan, 6. 2003
On this day of , 1999, before me, the subscriber and
undersigned officer, personally appeared Kathleen Coyne personally
known or satisfactory proven to me to be the person whose name is
subscribed to the within instrument, and acknowledged that she has
executed the same for the purposes therein contained, and desired
the same to be recorded as such.
In witness whereof, I have hereunto set my hand and official seal
the day and year aforesaid.
Notary Public
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t~e~~elves, t~6.r ha'~~ ~~~~'"t.-~~ ::!m"
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t.'le fc..l t,,!ul pe~formo.nce 0: ;:.hi:; hg;::eemem: 0.5 5e;.
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~sser.ce of this Agreement.
'Hme if> he=eby tiecle.red to :.e of ...he <7<-
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IN ~TNSSS WHE~F, ~hs pa;::ties
:r.stalL~ent Sales A~reernent .it.h ~n~ent tc
have hereunto set their hands and seals.
:0 c;lli s Real
be legally bound
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hereby /~
WITNEss:
!:lATE
SEL!.J!lF\ :
E;:;ia!J. Sweer,ey
Lau;!;'s; SwelS;n~y
WI!'NESS:
DATE
BtTYEl<. :
Jam~s R. !:';0'.,.1
11s.YJ..-'e .!:rin Hol.lJ.
!, Kathleen Coyne, guarar.tee t.o Sellers the p~yment ~f any and olG-
all ~noebtedne~s of B~yers to SellGrs pursuQnt to this Installment
Sales Agreement. 7he obl~o~,icns of Guarantor are depencien" uponl<~
t~e dera~lt of the Euyers. Sellers sr:all oe req~ired to proceed
~g~inst Buy~rs before brinqi~g BC~~O~ ag~in~t Guarontor fer any
~l~~ged default by Buyers. The Buyers shall be jcined as a party
':.0 any .!lction broug:"lt against G:.>ararJtc;:: :-1 Sellers,. :n "the ~vent
~~y law sui~ is b~ought by Se:le~$ aqaii.st G~hra~~Ort ~h&.
prevailing party shal.l be entitled ':0 ::-e"sont>bl" attorn",y f..es and
costs associat~d wit~ su~h :e96~ a~~~on.
WInmss
DA'n:
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BRIAN C. SWEENEY and LAURA
M. SWEENEY, husband and wife,
Plaintiffs
v.
JAMES R. MOUL and MAYRE ERIN
MOUL, husband and wife, and
KATHLEEN COYNE, an adult
individual
I -k-I.-
,,"*,1-
IN THE COURTS OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
CIVIL ACTION - LAW
0' - '1'~ CIVIL TERM
IN EJECTMENT
PRAECIPE TO REINSTATE COMPLAINT
TO: Curtis Long, prothonotary
Cumberland County Courthouse
One courthouse Square
Carlisle, PA 17013
Kindly reinstate the complaint which was docketed to the above-
captioned matter.
Date: March 16, 2001
By
Andrew C. Sh Esquire
Attorney for Plaintiffs
PA ID NO. 62469
P.O. Box 95
127 S. Market Street
Mechanicsburg, PA 17055
717-697-7050
717-697-7065 (FAX)
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SHERIFF'S RETURN - REGULAR
C~SE NO, 2001-00962 P
COMMONWEALTH OF PENNSYLVANIA:
.\ COUNTY OF CUMBERLAND
,
SWEENEY BRIAN C ET AL
VS
MOUL JAMES R ET AL
CPL. MICHAEL BARRICK
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
MOUL JAMES R
the
DEFENDANT
, at 0012:31 HOURS, on the 1st day of March
, 2001
at 1100 EAST SIMPSON ST
MECHANICSBURG, PA 17055
by handing to
JAMES R. MOUL
a true and attested copy of COMPLAINT - EJECTMENT
together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18,00
6,20
,00
10,00
.00
34.20
So Answers:
~~-:~~~I'
R. Thomas Kline
day of
03/15/2001
ANDREW SHEELY
By: -'l~/ r/ L( ;/
/~'Deputy ti:r~
Sworn and Subscribed to before
me this ../7 ~
i1A/,~ .2 7 c2UJj A,D.
,
(1 '-'. () Jy,d#';" ,,~
~ Prothonotary
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-00962 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SWEENEY BRIAN C ET AL
VS
MOUL JAMES R ET AL
WILLIAM DIEHL
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT
was served upon
MOUL MAYRE ERIN
the
DEFENDANT
, at 0013:55 HOURS, on the 14th day of March
, 2001
at 132 S HANOVER ST
CARLISLE, PA 17013
by handing to
MAYRE ERIN MOUL
a true and attested copy of COMPLAINT - EJECTMENT
together with
NOTICE
and at the same time directing Her attention to the contents thereof,
Sheriff's Costs:
Docketing
Service
Aff idavi t
Surcharge
6.00
3.10
.00
10.00
,00
19,10
So Answers:
~~~~
. Thomas Kline
03/15/2001
ANDREW SHEELY
Sworn and Subscribed to before
By:
~
me this .:17 e day of
~ o2coJ A.D.
~ Q /u,p;'AJ .~
thonotary ,
, I'
,I
-,..,.;-,
j II
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BRIAN C. SWEENEY and LAURA
M. SWEENEY, husband and wife,
Plaintiffs
IN THE COURTS OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
01 - 962 CIVIL TERM
JAMES R. MOUL and MAYRE ERIN
MOUL, husband and wife, and
KATHLEEN COYNE, an adult
individual
IN EJECTMENT
:
PRAECIPE TO DISCONTINUE COMPLAINT
TO: Curtis Long, prothonotary
cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
Kindly discontinue the complaint which was docketed to the above-
captioned matter, and mark the case settled and satisfied, with
prejudice.
Date: April 6, 2001
By
Antlrew C. Sheely, Es
Attorney for Plaintif s
PA ID NO. 62469
P.O. Box 95
127 S. Market Street
Mechanicsburg, PA 17055
717-697-7050
717-697-7065 (FAX)
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