HomeMy WebLinkAbout08-4859IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GARY J. MULLEN,
Plaintiff
V. No. 08 - i43W Civi I T"
MARCIA A. FETTERS and
R. DOUGLAS POTTS,
Defendants
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, the original or a
copy of which is attached to the Complaint filed in this action, I appear for Defendants
and confess judgment in ejectment in favor of Plaintiff and against Defendants for
possession of real property described as follows:
All that certain tract of land situate in South Middleton
Township, Cumberland County, Pennsylvania, bounded
and described as follows:
BEGINNING at a point on the West side of Pennsylvania
route 34 at the corner of the land of C. J. Zizzi; thence along
the West side of Pennsylvania Route 34, South 8° 15' West,
140 feet, more or less, to the line of the said Fetters, North
81 ° 45' West, 242 feet, more or less, to the line of land now or
formerly of Allen Dairies, Inc.; thence along the Allen
Dairies, Inc. land, North 34° East, 164 feet, more or less, to
the corner of the land of C. J. Zizzi; thence along the lands of
the said C. J. Zizzi, South 81° 45' 165.4 feet, more or less, to
the West side of Pennsylvania Route 34, the Place of
BEGINNING.
CONTAINING .670 acres, more or less.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GARY J. MULLEN
8 West Yellow Breeches Road
Carlisle, PA 17013,
Plaintiff
V.
No. 0$ - 4859 G i v i l T rin
MARCIA A. FETTERS and
R. DOUGLAS POTTS
1452 Holly Pike
Carlisle, PA 17015,
Defendants
COMPLAINT
AND NOW, COMES, Plaintiff, Gary J. Mullen, by and through his attorneys,
Latsha Davis Yohe & McKenna, P.C., and brings this cause of action against
Defendants, and in support thereof, avers as follows:
1. Plaintiff is Gary J. Mullen, an adult individual, who is a resident of
Cumberland County and resides at 8 West Yellow Breeches Road, Carlisle,
Pennsylvania 17013.
2. Defendants, Marcia A. Fetters and R. Douglas Potts, her husband, are
adult residents of Cumberland County who reside at 1452 Holly Pike, Carlisle,
Pennsylvania 17015.
3. A copy of the Agreement of Sale is attached as Exhibit A and is a true and
correct reproduction of the original.
4. Judgment is not being entered by confession against a natural person in
connection with a residential lease.
5. Judgment has not been entered on the instrument in any jurisdiction.
6. In accordance with the provisions of the Agreement of Sale, Defendants
entered into possession of Plaintiff's land on or about July 1, 1989.
7. Defendants have failed and refused, and still fail and refuse, to comply
with the Agreement of Sale in that Defendants failed to make timely monthly
installment payments that were due on May 1, 2008 and June 1, 2008, the final balloon
payment on July 1, 2008 and to timely pay the 2007 and 2008 real estate taxes.
8. Defendants have failed and refused, and still fail and refuse, to comply
with the Agreement of Sale although Plaintiff gave Defendant written notice that he
demanded immediate possession of the above-described real property on or about
September 21, 2007, September 28, 2007, October 5, 2007, December 5, 2007, June 13,
2008 and August 8, 2008.
9. Defendants have failed and refused, and still fail and refuse, to comply
with the Agreement of Sale in that Defendants fail to make timely monthly installment
payments, timely pay real estate taxes and other encumbrances against the property
and pay the outstanding balance as required by the contract on July 1, 2008, although
Plaintiff has made due demand therefore.
124854 2
10. Defendants have failed and refused, and still fail and refuse, to comply
with the contract in that Defendants fail to make the payment of the unpaid balance of
$29,166.87 as of July 1, 2008, as required by and set forth in the Agreement of Sale of
Plaintiff's land (see Exhibit A). Also due and owing are attorney's fees in the amount of
five percent (5%) of the outstanding balance.
11. Defendants make a demand for judgment in ejectment as authorized by
the warrant.
12. At all times herein mentioned, Plaintiff was, and now is, the owner in fee
simple, and entitled to possession of, certain real property located at 1452 Holly Pike,
Carlisle, Pennsylvania, and described as follows:
All that certain tract of land situate in South Middleton
Township, Cumberland County, Pennsylvania, bounded
and described as follows:
BEGINNING at a point on the West side of Pennsylvania
route 34 at the corner of the land of C. J. Zizzi; thence along
the West side of Pennsylvania Route 34, South 8° 15' West,
140 feet, more or less, to the line of the said Fetters, North
81° 45' West, 242 feet, more or less, to the line of land now or
formerly of Allen Dairies, Inc.; thence along the Allen
Dairies, Inc. land, North 34° East, 164 feet, more or less, to
the corner of the land of C. J. Zizzi; thence along the lands of
the said C. J. Zizzi, South 81° 45' 165.4 feet, more or less, to
the West side of Pennsylvania Route 34, the Place of
BEGINNING.
CONTAINING .670 acres, more or less.
BEING the same premises which Pine Road Construction
Company, by its deed dated May 13,1982, and recorded in
the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania in Deed Book "T", Vol. 29, Page 779,
granted and conveyed to Gary J. Mullen, the Seller herein.
124854 3
NOW, THEREFORE, Plaintiff, Gary J. Mullen, respectfully requests that this
Honorable Court enter judgment of possession on his behalf as well as award costs,
including attorney's fees of five percent (5%) of the outstanding balance against
Defendants.
Dated: $1lLl0 F?
Respectfully submitted,
LATSHA DAVIS YOHE & MCKENNA, P.C.
By lze? E X, -
Glenn R. Davis
Attorney I. D. No. 31040
Andrea E. Dean
Attorney I. D. No. 86301
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
(717) 620-2424
124854 4
i
1 RiFICAnON
The undersigrned hereby verifies that the statements of fact in the foregoing are
true and correct to the best of my knowledge, information and belief, I understand that
axfty false statements therein axe subject to the Penalties contained in 18 Pa. C. S. § 4904,
relating to unswom falsification to authorities.
Dated: 8l 8
Gary J. Mullen
?x?,b,+?
A40d%OE M031OA038
53183S OOOOB
r
i
? i
rFOORD F1 -OFFICE OF
r .0s.
AGREEMENT OF SALE
I This Agreement, made in duplicate, this day of June,
1989, by and between Gary J. Mullen, in his own right, herein~
called the "Seller", and Deborah R. Mullen, his wife, who joins in•'`"
this Agreement solely to confirm-her consent to the'within- _;.+•
transaction• o
f 40 Kings Gap Road, Cgrlisle, Cumberland dourity,
Pennsylvania, and Marcia A. Fetters and R. pouglas Potts, her c
husband, of 1452 Holly Pike, Carl'isle,'Cumberland County,
Pennsylvania, herein called the "Buyer", WITNESSETH;
I. In consideration of the purchase price of Fifty-five
Thousand ($5S9000.00)•pollars, to be paid as hereinafter set
forth' the Seller convenants and agrees to sell
^ .. grant and convey •?.'. .
to the Buyer the real estate described in Schedule "A", attached':,.
hereto and made a part hereof, which the Buyer agrees to „•''
purchase. •?.
In accordance with the terms and conditions of this Agreement.
2. The Buyer agrees to pay therefor the sum of ss5,ooo,o0,
as follows: $3,000:00, in cash, upon the signing of this
Agreement,?the receipt whereof is hereby acknowledged by the
Seller,'and the balance of the purchase price, to wit:
$52,000.00, as follows.,
'
(a) On July .1, 1990, the sum of at least Six Thousand'
($6,000.00) Dollarsi which sum shall first be applied to interest
on the remaining unpaid balance of the purchase price at a rate%of
Ten (10X) percent per annum and the balance of the .. ,t
payment to
reduction of the unpaid principal balance of the purchase prIce."'
Box 365 PACE 927
(b) On July 1, 1991. the•sum'of at least Six Thousand _
' (56,000.00) Dollars. which sum shall first be applied to interest -'
on the remaining•unpaid balance of the purchase price at a rate of
Ten (10%) percent per annum and the balance of the payment to
reduction of the unpaid principal balance of the purchase price.
(c) On July 1, 1992, the sum of at least Six Thousand "•
($6,000.00) Dollars, which sum shall first be.applied to interest
on the remaining unpaid balance of the purchase price at a rate of
Ten (10%) percent per annum and the balance of the payment•to
reduction of the unpaid principal balance of the purchase price.
(d) On July 1, 1993, the sum of at least Six Thousand
($6,000.00) Dollars, which sum shall first be applied to interest
on the remaining unpaid balance of the purchase price at a rate of '.'..
Ten (10%) percent per annum and the balance of the payment to 1
reduction of the unpaid principal balance of the purchase price,
after which payment, the then remaining unpaid principal balance
of the purchase price shall be paid on a payment schedule whereby
the Buyer shall pay consecutive monthly installments, commencing
'
on the first day of August. 1993, said payments to be amortized
- over a term of twenty (20) years and payable at 'a rate of ten '
•(10%).percent interest per annum. The said
.. ' • monthly pa Ymentss
hall
.;
continue until on or before July 1, 2008. at which time the unpaid ?
j
balance shall be paid in full. At this time the seller agrees to
convey title in fee simple, by special warranty deed, free and
clear of all liens and encumbrances, except easements, visible j
i
-2_ •: .
BOOK 365 PACE
v,
J
and/or.of.record•and building and use conditions and restriotlone,
and the Buyer agrees to pay the balance of the purchase price'.in
cash.
Buyer shall have the option, at anytime before the baleice:.is due.
to be'paid in full, to pay the entire balance-due and receive a
deed as provided above or to make additional payment on account of
principal. Any payment made afte,r,the due date shall Incur•a-late
payment penalty of five (5%) percent of the amount of the payment ;
to be paid in addition to such payment hereinabove set forth-for
each thirty (30) days or a portion thereof for which such payment '
shall be late. In the event any monthly payment Is not made 'within
sixty (50) days after its due date, the Buyer shall be 1n;default.''.: T
The,Seller may. at Seller's sole option, elect to accept.
payment'
.from,the Buyer, after default,of all amounts then due and''
owiag ••
under this Agreement (including all late payment
penalties)'
or to proceed as hereinafter provided in Paragraph 7 and 8:hereofe ?
s
3. All real estate taxes shall be prorated as of the date of
this Agreement. Thereafter, Buyer shall pay all taxes and '.
f assessments levied and assessed against the herein described
premises. In the event the Buyer shall fail to pay-said taxes or
assessments when due, Seller may elect to pay the same and deduct
the payments from the sums which the.Buyer shall have paid'on'••7.
account of the purchase price.
4. The Buyer shall further, at their expense, also provide':
and keep in force and effect for the benefit of Seller and Buyer.
-3-
BOOK 365 ' PAGC 9229
a
• r? ' .
._._.._.. ...._. _ . ,__ -...n?.m?.?..r. -- .sue Z.e_ •• "•??
comprehensive, general' liability'insurand 'and
in the evei?Cy.?'?; .
,improvements are erected on, the 'premi ses 'fire `arid casualty.
insurance, in which the Seller shall be,named as an additions],'
[,;insured. The parties agree to adjust the liability limits
provided', '. ;
for to a commercially reasonable amount which can be obt$ined'for
a commercially reasonable premium. Such policy shall be issued'by
insurance companies and'in form satisfactory to`seller and shall
provide for at least ten (10)-days prior notice to Seller by•the
insurance carrier before any change or'canceilation shall be
' ,:,effective. Such _ - •'
policy or certificate shall'be delivered to Seller '
,'...promptly and all renewals at least thirty (30) days prior to the
:expiration thereof. ?-!
S. Buyer may, with written consent of the Seller, erect
• improvements u - r• '
pon premises to increase the value of such premises. e
The seller shall not unreasonably withhold a re
• quested consent: 4
. ? 3
1 The Buyer shall assume and be responsible for the maintenance•of, i'
the herein described premises in g
good order, repair and condition,
on and after the date of this Agreement, shall permit no waste
therein and shall fully indemnify, protect and save harmless the'
Seller from any and all claims for work and,labor done or'
materials furnished in connection maintaining said property in
good order.-repair and condition. The Buyer, shall not make any
aiteratlons, additions or improvements to the herein described' n
premises without first securing the Seller's prior written r
consent. Further, s ? '••
, Buyer shall'conform and comply with all laws and,
36.5 PAGE 930 ;' .._'..
rI
regulations relating to the
g possession and use of the herein
;
described premises and shall fully indemnify, protect and save
harmless the Seller against actual or asserted violations and pay
all costs and
expenses of every character occasioned by or arising
%
out of the possession and use of said premises.
6. The Buyer agrees that the Seller, or their authorized
agent, shall have the right at all reasonable hours of the day to
enter upon the herein described premises for the purpose of
inspection to determine whether the Buyer has complied with the
terms and conditions of this Agreement.
7. The Buyer shall be entitled to possession of the premises
immediately. A failure of the Buyer to make any payment due under
this Agreement or perform any other obligation under this.
Agreement for over sixty (60) days shall constitute a default•and .'..'
the Seller may declare this Agreement ended,•retaining.all
payments made to that time as liquidated damages and, in such '
event, the Prothonotary or any attorney of any court of record is
i
hereby authorized to appear for to confess judgment in an amicable
action of ejectment against the Buyer, their heirs, assigns,.
executors and administrators in favor of the Seller, their heirs,
assigns, administrators and executors for the premises hereizi:. ,.,. .
described and to direct the immediate issuance of a Writ of
possession with writ of Execution for costs including an
.
attorney's fee of Five (S%) percent of the unpaid balance of-the
purchase price, without written notice and without asking leave'
em, 365 PuE 931
C.
of court, or at the option of the sellers, sai.d'Prothonotary or ,
attorney is authorized to confess judgment against Buyer and in ;
favor of Seller for the'enti•re unpaid balance of the purchase
price, together with costs,.interest,-Insurance
payments
etc
,
,
.
and with rive (5%) percent added as an attorney.fee. '
8• If thls contract has••been recorded in'the•Office of ',the
Recorder' of Deeds for Cumberland County and Buyer defaults as
provided in Paragraph 8 hereof, then Buyer irrevocably authorizes
''`
.
the Recorder of Deeds for Cumberland county to mark this Agreement i'
"terminated and void"'on the margin hereof, upon receipt of an I
affidavit from Seller setting forth such act of default. '
9. The interest of the Buyer in this contract shall not be
assignable by sale, lease, assignment, subleasing or otherwise
in , L1
,
whole or in part, without the prior written consent to the Seller
} -77
,
and if such assignment is attempted, the rights stipulated under
.
Paragraph 7 and 8'shall accrue to the Seller. The passing of title.. `
by Will or by intestacy shall not be regarded as a forbidden
assignment.
,
10. At the time of settlement all realty transfer taxes shall i i
be divided equally between Seller and Buyer. Provided, however,
that if Buyer's rights under this Agreement'are assigned the Buyer
I
.s
shall pay the Sellerts share of the transfer taxes at such final
settlement.
11. Monthly payments shall be deemed delivered to the Seller.
when given personally or when deposited in the U.S. Mail, postage ;
prepaid, and addressed as follows:
Gary J. Mullen
I
40 Kings Gap Road ' )
Carlisle, PA 1701 \J
.
wax .365 PACE .932
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or to such other address of which Seller may provide Buyer written`:.'.,,.
' " r_. .
notice.
12. The rights of Seller set forth in 'Paragraphs 7 and 8
above shall only be exercisable after Seller shall give Buyer at
least ten (10) days prior written notice of his intent to proceed..
thereunder. Such notice may be sent during the sixty (60) day
grace period or after default by certified mail to the'lastLknoan
address of the Buyer. The ten (10) days shall CoMmence on the date
of mailing regardless whether or not Buyer accepts delivery
thereof.
13• This Agreement constitutes the•ent'ire understanding
between the parties. There are no covenants, Conditions,
representations or agreement. written or oral;'of any nature ;.,
whatsoever, other than those herein contained.
>Wi
14. A modification or waiver of any of the provisions of
Agreement shall be effective only if in writing and executed irith
the same formality as this Agreement. A failure of either party to
insist upon strict performance of any of the provisions of this
Agreement shall not be construed as a waiver of any subsequent
default of the same or similar
nature.
15. This Agreement shall be
construed and governed in - _ :•.: `?,?::? „-
once with the laws of ?;:?•?;..,?.?.;
accord the Commonwealth of Pennsylvania. •Zf,'"•'•:'?"°?• ••
any provision of this Agreement is held to be invalid or .:
uneforeeable, all other provisions nevertheless shall continue i'*
full force and effect.
boa 36.5 ea S33
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...._.._.. ._. .._._. ._... .,i.r. _..r..n.n.r?.rn.,w•.n-r• it _..... r'... .. •i.1.1 ?r?r
-f e i * Wit.
COMMONWEALTH OF PENNSYLVANIA : tj•1
COUNTY. OF CUMBERLAND. . ,; •,
_
0- ,, • ~ 1 ''>'
` r
On this, the-2
day ofw 6 :
1989, before me,
the 'undersigned officer, personally appeared Gary i Mu11en' acid .,
Deborah R. Mullen, husband and wife, known to me -(or
,
satisfactorily proven) to be the'persons whose names.are'
subscribed to the within instrument, and ackhowledge?that they''. '
executed the same for the purposes therein contained.
IN WITNESS ,? . •, .
WHEREOF, I have, set my- hand and officiak?V01,4 '
,
N04AIrlnt S::r1i
4 tr?tlF 1
CONLE
NOTARY PUBLIC ? •'
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MT 14OLLY SPt'S, 0110• CUA15CR1,AN;) COW)TV ?
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MY CDMMISSION EXPIRES OC*014ER 8r Ion ,,,
•
COMMONWEALTH OF PENNSYLVANIA: •'%??'?"?%?)jIG?,-?" 4?..
COUNTY OF CUMBERLAND ,•''?0,7`? l,'?u??,
IN WITNESS WHEREOF, I have set riy hand and official seal ;
NOTARIAL SEA ?%+ • ??+? '+•?O
tmuno A& Rouro. Netary PAIiic ?+L.....pq !yj ., ?• $ ?r•??.,?'• •s
no* of Caritsh. Curnbw1and COUMV. PL I ?+ '° •'r+:
!Ntt Comn+lr.+o? LaRirot Rabat S. 1444 7 ' .•. ??0 `'•.^ f
On this, theA.?M, o day of 1989, before me,
the undersigned officer, personally appeared Marcia A. Fetters and
R. Douglas Potts, husband and wife, known to me (or satisfactorily
proven) to be the persons whose names are subscribed to the within
instrument, and acknowledge that they'executed the same for'the
purposes therein contained.
.... SOCK 36,5 PAGE 935
1
ALL that certain tract of land situate in South Middleton
Township, Cumberland County,, Pennsylvania, bounded and described
as follows:
i BEGINNING at appoint on the West side of.Penn$ylvania Route 34 at
the corner of the land of C•,;J. zizzi; thence along the Weft side
of Pennsylvania Route 34, 9outh•81 15' West, '140 feet,.more-or
less, to the line of land now or formerly.of.P. E. Fetters; thence
along the line of the said Fetters, North sl° 491 west, 252 feet,
i more or less, to the line of-land now or formerly of Allen
Dairies, Inc.; thence along the Allen Dairies, Inc. land, North
340 East, 164 feet, more or less, to the corner of the land of
C. J. 2izzi; thence along the lands of the said C. J. Uzzi, South' j '
810 451 165.4 feet, more or less, to the West side of Pennsylvania.
:Route 34, the Place of BEGINNING.
:CONTAINYNG .670 acres, more or less.
... BEING the same 1 ? r ..
premises which Pine Road Construction Company, by
its deed dated May 13, 1982, and recorded in the Office of the` v
Recorder of Deeds in and for Cumberland County, Pennsylvania.in
Deed Book "T", Vol. 29, Page 779, granted and conveyed to Gary J. i'
Mullen, the Seller herein.
eve*
s% .. ?-
}'?' yam; ..?. f
104
(.?• 'tilddafice for
the recording of pc..us r
'k 1, Pt* m dand Counly, pit,
fl p
' ot `Pa9e?7r i
vaitr "my fiend?nd seal of 11
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M 3G.5
AMENDMEN`I TO AGREEMENT OF SALE OF
JUNE 22, 1989
This Amendment, made in duplicate this D day of
` 1993, to the Agreement of June i2, 1989, by and
between GARY J. N=EN, in his own right, herein called the
"Seller" and DEBORAH R. MULLEN, his wife, who joins in this
Amendment solely to confirm her consent to the within
transaction, of 40 Kings Cap Road, Carlisle, Cumberland County,
Pennsylvania, and MARCIA A. FETTERS and R. DOUGLAS POTTS, her
husband, of 1452 Holly Pike, Carlisle, Cumberland County,
Pennsylvania, herein called the "Buyer", WITNESSETH:
1. The Buyer and Seller hereby revise Paragraph 2(d) of the
Agreement of June 22, 1989, to provide that Seller shall accept
the partial payment of Four Thousand ($4,000.00) Dollars made on
July 1, 1993. The lemaining balance of principal, delinquent
interest, and penalty, in the total sum of Fifty Thousand Three
Hundred Eighty-seven and 20/100 ($50,387.20) Dollars shall be
paid in monthly installments commencing August 1, 1993, as
provided in the Agreement of June 22, 1989.
2. In all other respects the Agreement of June 22, 1989 is
hereby ratified and affirmed.
IN WITNESS WHEREOF, the parties hereto, bind themselves,
V
their respective heirs, executors, administrators and assigns and
witness they hands and seals the day and year first above
written.
Witness:
- --?n 2 2 ' [SM]
Gary/.( Mullen
SELLER
BUYERS
Deborah R. Mullen joins in this aonveyanCe solely to
evidence her consent to the within transaction.
eborah R. Mullen
COMMONWEALTH OF PENNSYLVANIA
COtWTY OF CUMBERLAND
On this, the 911- day of , m993, before me, the
undersigned officer, personally appeared Gary a. Mullen and
Deborah R. Mullen, his wife, known to me (or satisfactorily
provers) to be the person(s) whose name(s) are subscribed to the
within instrument, and acknowledged that they executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I have set my hand and official seal.
e?ara? sE?aL r .
13OHNIE L, CM. NOTARY PURUc
MIT. HOLLY SPRINW. PA cu;4sERIAND G0. SEAL]
MY COMMISSION EXPIRES OCTOBER 17. 1094
t
COMMONWTIi OF PENNSYLVANIA -
COUNTY OF CUMBERLAND r"
On this, the ??d day of July, 1993, before me, the
undersigned officer, personally appeared Marcia A. Fetters and
Douglas Potts, husband and wife, known to me (or satisfactorily
proven) to be the person(s) whose name(s) are subscribed to the
within instrument, and acknowledged that they executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I have set my hand and official seal.
?/ ' - [SEAL ]
WURIAL SEAL
KAM F. BVE ItS. NOTARY PIJILIC
BM OF CMWSLE. CUWBUWC COUNTY
I - COMt111ggft EKpIRES MAMN 18.1995
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing document was served by first-class United States mail, postage prepaid, upon
the following:
Marcia A. Fetters
1452 Holly Pike
Carlisle, PA 17015
Dated: S/ ! Z4 0-T
R. Douglas Potts
1452 Holly Pike
Carlisle, PA 17015
Andrea E. Dean
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GARY J. MULLEN
8 West Yellow Breeches Road
Carlisle, PA 17013,
Plaintiff
V.
MARCIA A. FETTERS and
R. DOUGLAS POTTS
1452 Holly Pike
Carlisle, PA 17015,
Defendants
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
No. 08.4S5f elvi(Ter%
SS.
The undersigned, being duly sworn according to law, deposes and says that the
Defendant is not in the Military or Naval Service of the United States or its Allies, or otherwise
within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as
amended.
Respectfully submitted,
SWORN TO AND SUBSCRIBED
BEFORE ME THIS DAY
OF Pol : t , 2008.
NO ARY PUBLIC
LATSHA DAVIS YOHE & MCKENNA, P.C.
BY F. Z>?
Glenn R. Davis
Attorney I. D. No. 31040
Andrea E. Dean
Attorney I. D. No. 86301
1700 Bent Creek Boulevard, Suite 140
MIMONMUN OF PEA VMNA Mechanicsburg, PA 17050
NOTARIAL SEAL (717) 620-2424
L
A, STAMBAUGH, Notary Public
Ir Cumberland Cowty
ColrnllbNonpMas April 19, 2008
Cdll
125418
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the foregoing
document was served by first-class United States mail, postage prepaid, upon the following:
Marcia A. Fetters
1452 Holly Pike
Carlisle, PA 17015
Dated: 8/ Z /0 9
R. Douglas Potts
1452 Holly Pike
Carlisle, PA 17015
Andrea E. Dean
90139
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QT,
CD -?
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GARY J. MULLEN
8 West Yellow Breeches Road
Carlisle, PA 17013,
Plaintiff
V. No. M - y859 awa Tenn
MARCIA A. FETTERS and
R. DOUGLAS POTTS
1452 Holly Pike
Carlisle, PA 17015,
Defendants
RULE 236 NOTICE OF ENTRY OF ORDER OR JUDGMENT
AND NOW THIS !3 day of Auq , 2008, pursuant to Pa.R.C.P. 236
of the Supreme Court of Pennsylvania, you are hereby notified that Judgment by
confession in ejectment has been entered in favor of Plaintiff, Gary J. Mullen, and against
Defendants, Marcia A. Fetters and R. Douglas Potts.
The following parties are entitled to receive notice under Pa. R.C.P. 236(a)(2).
Marcia A. Fetters R. Douglas Potts Gary Mullen
1452 Holly Pike 1452 Holly Pike c/o Glenn R. Davis, Esq.
Carlisle, PA 17015 Carlisle, PA 17015 Latsha Davis Yohe & McKenna, P.C.
1700 Bent Creek Blvd., Suite 140
Mechanicsburg, PA 17050
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL
ATTORNEY GLENN R. DAVIS AT THIS TELEPHONE NUMBER: (717) 620-2424.
r125396
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GARY J. MULLEN .
8 West Yellow Breeches Road
Carlisle, PA 17013,
Plaintiff .
V. No. 08-4859 Civil Term
MARCIA A. FETTERS and
R. DOUGLAS POTTS
1452 Holly Pike .
Carlisle, PA 17015, .
Defendants
AFFIDAVIT - RETURN OF SERVICE
This Affidavit- Return of Service is filed as required by Pa.R.C.P. 2973.2(c).
Service of the Notice Under Rule 2973.2 of Judgment and Execution/Notice of
Defendants' Rights was made pursuant to Pa.R.C.P. 403 on Defendant Marcia A. Fetters
by United States mail certified, return receipt request, restricted delivery on August 13,
2008 at 1452 Holly Pike, Carlisle, Pennsylvania 17015. A copy of the return receipt
signed by Defendant Marcia A. Fetters is attached as Exhibit A.
125756
This unsworn statement is made subject to the penalties of 18 Pa.C.S. § 4904
relating to unsworn falsification to authorities.
dsC
Dated: 'T/2 -7
Respectfully submitted,
LATSHA DAVIS YOHE & MCKENNA, P.C.
By C-? IFS
Glenn R. Davis
Attorney I. D. No. 31040
Andrea E. Dean
Attorney I. D. No. 86301
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
(717) 620-2424
Attorneys for Plaintiff Gary J. Mullen
125756
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S3183S 00008
¦ Complete items 1, 2, and 3. Also complete A.
Item 4 iURestricted Delivery is desired. X
IR. Print your name and address on the reverse
so that we can return the card to you. B.
¦ Attach this card to-the back of the mailpl**,
1. Article Addressed to: ll
Mox C t o,, R.
1145a 4vu Plk.?
C?m I tsLQ , PA 170
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If YES, enter delivery address below: ? No
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3. Service Type
4.Certitled Mail ? Express Mail
? Registered ?& Return Receipt ft-Me"MOV
? Insured Mall ? C.O.D.
4. Restricted Delivery? (Extra Fee) Yes I
- ---- - -
rrrenster from service iabeq _
Ps Form 3811, February 2ow Domestic Return Receipt 102595-024A4
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing document was served by first-class United States mail, postage prepaid, upon the
following:
Marcia A. Fetters
1452 Holly Pike
Carlisle, PA 17015
Dated: S /Z ? pfj
125756
R. Douglas Potts
1452 Holly Pike
Carlisle, PA 17015
345 Peach Glen Road
Gardners, PA 17324
Andrea E. Dean
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GARY J. MULLEN
8 West Yellow Breeches Road
Carlisle, PA 17013,
Plaintiff
V.
No. 08-4859 Civil Term
MARCIA A. FETTERS and
R. DOUGLAS POTTS
1452 Holly Pike
Carlisle, PA 17015,
Defendants
AFFIDAVIT - RETURN OF SERVICE
This Affidavit- Return of Service is filed as required by Pa.R.C.P. 2973.2(c).
Service of the Notice Under Rule 2973.2 of Judgment and Execution/Notice of
Defendants' Rights (and of copies of the Rule 236 Notice of Entry of Order or Judgment
and Confession of Judgment) was made pursuant to Pa.R.C.P. 403 on Defendant R.
Douglas Potts by United States mail certified, return receipt request, restricted delivery on
November 15, 2008 at 46 Westview Manor, York, Pennsylvania 17408. A copy of the
return receipt signed by Defendant R. Douglas Potts is attached as Exhibit A.
127193
This unsworn statement is made subject to the penalties of 18 Pa.C.S. § 4904
relating to unsworn falsification to authorities.
Dated: i
Respectfully submitted,
LATSHA DAVIS YOHE & MCKENNA, P.C.
By_
Glenn R. Davis
Attorney I. D. No. 31040
Andrea E. Dean
Attorney I. D. No. 86301
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
(717) 620-2424
Attorneys for Plaintiff Gary J. Mullen
127193
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing document was served by first-class United States mail, postage prepaid, upon the
following:
Marcia A. Fetters
1452 Holly Pike
Carlisle, PA 17015
Dated: 11 < g
R. Douglas Potts
46 Westview Manor
York, PA 17408
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Zi" Andrea E. Dean
127193
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GARY J. MULLEN
8 West Yellow Breeches Road
Carlisle, PA 17013,
Plaintiff
V.
No. 08-4859 Civil Term
MARCIA A. FETTERS and
R. DOUGLAS POTTS
1452 Holly Pike
Carlisle, PA 17015,
Defendants
PRAECIPE FOR WRIT OF POSSESSION
UPON CONFESSED JUDGMENT
To The Prothonotary:
Issue writ of possession upon the judgment in ejectment, entered by
confession in the above matter.
Cr}ifira+inn
I certify that:
(1) This praecipe is based upon a judgment entered by confession;
128469
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(2) Notice pursuant to Rule 2973.2 has been served at least thirty days
prior to the filing of this praecipe as evidenced by a return of service
filed of record; and
(3) The property that is the subject of this Praecipe for Writ of
Possession is the vacant lot (tax parcel number 40-10-0634-005)
adjacent to 1452 Holly Pike, Carlisle, Pennsylvania, also known as
1450 Holly Pike, Carlisle, Pennsylvania.
Respectfully submitted,
LATSHA DAVIS YOHE & MCKENNA, P.C.
Dated:By
Glenn R. Davis
Attorney I. D. No. 31040
Andrea E. Dean
Attorney I. D. No. 86301
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
(717) 620-2424
Attorneys for Plaintiff, Gary J. Mullen
128469
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of
the foregoing document was served by first-class United States mail, postage
prepaid, upon the following:
Dated: 2' 9 /g) 9
Marcia A. Fetters
1452 Holly Pike
Carlisle, PA 17015
R. Douglas Potts
46 Westview Manor
York, PA 17408
Andrea E. Dean
128469
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WRIT OF POSSESSION (Ejectment Proceedings PRCP3160-3165 etc.)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GARY J. MULLEN
VS. No. 08-4859 Civil Term_
MARCIA A. FETTERS and
R. DOUGLAS POTTS
Costs
Attorney's $ 51.50
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))
GARY J. MULLEN
being: (Premises as follows):
VACANT LOT (TAX PARCEL NUMBER 40-10-0634-005) ADJACENT TO 1452 HOLLY
PIKE, CARLISLE, PA, ALSO KNOWN AS 1450 HOLLY PIKE, CARLISLE, PA
(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.
s R. Long, Pro ry
Common Pleas ourt of Cu erland County, PA
Date 2/10/09
(Seal)
2of2
No 08-4859 Civil Term
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GARY J. MULLEN
VS.
MARCIA A. FETTERS and R. DOUGLAS POTTS
WRIT OF POSSESSION
P.R.C.P. 3160-3165 ETC.
Costs
Att'y $ 51.50
Plff (s) $
Prothy $ 2.00
Sheriff $
Plaintiff (s) attorney name and address:
ANDREA DEAN, ESQUIRE
LATSHA DAVIS YOHE & McKENNA, PC
1700 BENT CREEK BOULEVARD, SUITE 140
MECHANICSBURG, PA 17050
717-620-2424
ID# 86301
Attorney for Plaintiff (s)
Where papers may be served
By virtue of this writ, on the
named
appurtenances, and
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
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GARY J. MULLEN
8 West Yellow Breeches Road
Carlisle, PA 17013,
Plaintiff
V.
No. 08-4859 Civil Term
MARCIA A. FETTERS and
R. DOUGLAS POTTS .
1452 Holly Pike
Carlisle, PA 17015,
Defendants
AFFIDAVIT - RETURN OF SERVICE
This Affidavit - Return of Service is filed as proof of personal service on
Defendant Marcia A. Fetters of the Writ of Possession issued by the Court on
February 10, 2009. Personal service was made by United States mail certified,
return receipt request, restricted delivery on February 14, 2009 at 1452 Holly Pike,
Carlisle, Pennsylvania 17015. A copy of the return receipt signed by Defendant
Marcia A. Fetters is attached as Exhibit A.
128791
This unsworn statement is made subject to the penalties of 18 Pa.C.S. §4904
relating to unsworn falsification to authorities.
0 9
Dated: R419
Respectfully submitted,
LATSHA DAVIS YOHE & MCKENNA, P.C.
By
Glenn R. Davis
Attorney I. D. No. 31040
Andrea E. Dean
Attorney I. D. No. 86301
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
(717) 620-2424
Attorneys for Plaintiff Gary J. Mullen
128791
GKti,ti;? A
mod oos ®013038
S31ti3S 00009
¦ Complete items 1, 2, and 3. Also complete
item 4If Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that-we can return the card to you.
¦ Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
IMO'(ctG, A. e ?S
1450) Rcm -?
C.ck-31 SLR I P(\ I-7 olS
A.
X
13 Agent
B/.?R,eeoeived by (PrinW hlame) C of Delivery
D. is derwy address different from Item 1? ? Yes
If YES, enter delivery address below: 9 No
3. Service Type
JK Certified Mail 17 Express Mail
? Registered Ix Return Receipt for-Mewhand"
13 Insured Mail 13 C.O.D.
4. Restricted Delivery? P ft Fee) 19 Yes
2. Article umber 7006 3450 0003 4843 3381
(lfansfer from service/abet)
PS Form 3811, February 2004 - - Domestic Return Receipt 102595-02-WIMO
LATsHADAvis YoHE
&MCKENNA, PC.
ATTORNEYS AT LAW
PLEASE REPLY TO: Mechanicsburg
WRITER'S E- MAIL: adean®ldylaw.com
February 13, 2009
Via U.S. Mail Certified, Return Receipt
Requested, Restricted Delivery
and Regular Mail
Marcia A. Fetters
1452 Holly Pike
Carlisle, PA 17015
Via U.S. Mail Certified, Return Receipt
Requested, Restricted Delivery
and Regular Mail
R. Douglas Potts
46 Westview Manor
York, PA 17408
Re: Gary J. Mullen v. Marcia A. Fetters and R. Douglas Potts
No. 08-4859 Civil Term
Our File No. 360-07
Dear Ms. Fetters and Mr. Potts,
Please find enclosed the issued Writ of Possession (true copy from record) in the
above-referenced ejectment proceedings. The Writ directs you deliver possession of the
referenced property to Gary Mullen.
Sincerely,
Andrea E. Dean
Enclosures
cc: Gary J. Mullen (w/ enc.)
Glenn R. Davis, Esq. (w/o enc.) +
1700 Bent Creek Boulevard, Suite 140 • Mechanicsburg, PA 17050 • (717) 620-2424 • FAX (717) 620-2444
350 Eagleview Boulevard, Suite 100 • Exton, PA 19341 • (610) 524-8454 • FAX (610) 524-9383
3000 Atrium Way, Suite 251 • Mt. Laurel, NJ 08054 • (856) 231-5351 • FAX (856) 231-5341
Maryland Telephone: (410) 727-2810
128689
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GARY J. MULLEN
8 West Yellow Breeches Road
Carlisle, PA 17013,
Plaintiff
V.
No. 084859 Civil Term
MARCIA A. FETTERS and
R. DOUGLAS POTTS
1452 Holly Pike
Carlisle, PA 17015,
Defendants
AFFIDAVIT - RETURN OF SERVICE
This Affidavit - Return of Service is filed as proof of personal service on
Defendant R. Douglas Potts of the Writ of Possession issued by the Court on
February 10, 2009. Personal service was made by United States mail certified,
return receipt request, restricted delivery on February 14, 2009 at 46 Westview
Manor, York, Pennsylvania 17408. A copy of the return receipt signed by
Defendant R. Douglas Potts is attached as Exhibit A.
128792
This unsworn statement is made subject to the penalties of 18 Pa.C.S. §4904
relating to unsworn falsification to authorities.
Respectfully submitted,
LATSHA DAVIS YOHE & MCKENNA, P.C.
Dated: a /(q/o By
Glenn R. Davis
Attorney I. D. No. 31040
Andrea E. Dean
Attorney 1. D. No. 86301
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
(717) 620-2424
Attorneys for Plaintiff Gary J. Mullen
128792
2
f,?c kl?t? A
M J d eooc TA313438
S31HgS 00009
¦ Complete items 1, 2, and 3. Also complete
Item 4 If Restricted Delivery is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mallpieos,
or on the front If space permits.
1. Article Addressed to:
R. Dom, Jlas ?o?s
4 l? ?es?v i uu ?'Y?cx.n o
`lac k
a signature
XI13 Agem
L44?? E3 Addressee
B. RPM1v9d 1148
t`om' IJA?it
D. la delivery address d'iferen from item 1? O Yes
If YES, enter delivery address below: O No
3. Service Type
tat Certified Mail ? Express Mail
O Registered 'g Return Reoelpt iorMerohrAaa-
O insured Mail C] C.O.D.
4. Restricted Delivery? (Extra Fee) Yes
2. Article Number 7006 3450 0003 4843 3374
(transfer trim same label}
Ps Form 3811, February 2004 Domestic Return Receipt t 2599)- z-wtsao
PLEASE REPLY TO:
WRITER'S E- MAIL:
LATsHADAvis YoHE
&McKENNA, PC.
ATTORNEYS AT LAW
Mechanicsburg
adean@ldylaw.com
February 13, 2009
Via U .S. Mail Certified, Return Receipt
Requested, Restricted Delivery
and ReguIarMail
Marcia A. Fetters
1452 Holly Pike
Carlisle, PA 17015
Via U.S. Mail Certified, Return Receipt
Requested, Restricted Delivery
and Regular Mail
R. Douglas Potts
46 Westview Manor
York, PA 17408
Re: Gary J. Mullen v. Marcia A. Fetters and R. Douglas Potts
No. 08-4859 Civil Term
Our File No. 360-07
Dear Ms. Fetters and Mr. Potts,
Please find enclosed the issued Writ of Possession (true copy from record) in the
above-referenced ejectment proceedings. The Writ directs you deliver possession of the
referenced property to Gary Mullen.
Sincerely,
Andrea E. Dean
Enclosures
cc: Gary J. Mullen (w/ enc.)
Glenn R. Davis, Esq. (w/o enc.)
1700 Bent Creek Boulevard, Suite 140 • Mechanicsburg, PA 17050 • (717) 620.2424 • FAX (717) 620-2444
350 Eagleview Boulevard, Suite 100 • Exton, PA 19341 • (610) 524-8454 • FAX (610) 524-9383
3000 Atrium Way, Suite 251 • Mt. Laurel, NJ 08054 • (856) 231-5351 • FAX (856) 231-5341
Maryland Telephone: (410) 727.2810
128689
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of
the foregoing document was served by first-class United States mail, postage
prepaid, upon the following:
Marcia A. Fetters
1452 Holly Pike
Carlisle, PA 17015
R. Douglas Potts
46 Westview Manor
York, PA 17408
Dated: / 9 0 9
Andrea E. Dean
128792
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