HomeMy WebLinkAbout09-3070IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GARY J. MULLEN
8 West Yellow Breeches Road
Carlisle, PA 17013,
Plaintiff
V.
MARCIA A. FETTERS
1452 Holly Pike
Carlisle, PA 17015, and
R. DOUGLAS POTTS
46 Westview Manor
York, PA 17408,
Defendants
No. 69 - 3070 0,107em
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 favor of Plaintiff and against Defendants for possession of real
property described as follows:
Costs $487.31
Attorney fees $1,458.34
TOTAL $1,945.65
Dated:
Attorney for Defendants
LATSHA DAVIS YOHE & MCKENNA, P.C.
Glenn R. Davis
Attorney I. D. No. 31040
V-Kn'drea E. Dean
Attorney I. D. No. 86301
1700 Bent Creek Boulevard, Suite 140
Mechanicsburg, PA 17050
(717) 620-2424
128346 2
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: > /13 /a 9
Andrea E. Dean
1 MM6 3
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GARY J. MULLEN
8 West Yellow Breeches Road
Carlisle, PA 17013, -
Plaintiff -
V.
No. O 9 r 3.N / U C'iW (-CI/K
MARCIA A. FETTERS
1452 Holly Pike
Carlisle, PA 17015, and
R. DOUGLAS POTTS
46 Westview Manor
York, PA 17408,
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
adults; upon information and belief, Defendant Fetters resides at 1452 Holly Pike,
129401
Carlisle, Cumberland County, Pennsylvania 17015, and Defendant Potts resides at 46
Westview Manor, York, York County, Pennsylvania 17408.
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 in ejectment only has been entered on the instrument by the
Prothonotary.
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 failed 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 failed 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 failed 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
129401 2
required by the contract on July 1, 2008, although Plaintiff has made due demand
therefore.
10. Due and owing are costs and attorney's fees in the amount of five percent
(5%) of the unpaid balance of the purchase price, which is $29,166.87.
11. Defendants make a demand for judgment for money in the total amount
of $1,945.65, as authorized by the warrant: $1,458.34 (attorney's fees in the amount of
5% of the outstanding balance) plus $487.31 in anticipated costs.
12. At all times herein mentioned, Plaintiff was, and now is, the owner in fee
simple, and entitled to possession of, certain real property that 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, Pennsylvania1452 Holly Pike, Carlisle,
Pennsylvania, and specifically 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.
129401 3
13. Pursuant to the Writ of Possession entered by the Prothonotary on
February 10, 2009, Plaintiff has obtained possession of the above-described property.
NOW, THEREFORE, Plaintiff, Gary J. Mullen, respectfully requests that this
Honorable Court enter judgment in the amount of $1,945.65 against Defendants.
Respectfully submitted,
Dated: 5-11310
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
129401 4
v RMCATION
The undersigned 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
any false statements therein are subject to the penalties contained in 18 Pa. C. S. § 49D4,
relating to unworn falsification to authorities.
Dated:
ary J. Mullen
x l,,y 6,=f' /q'
r
1I
AOREEMENT
oF sAt,E.
199 JUR123.
i This Agreement, made in duplicate, this day Of June, . ;+
1989, by and between Qargr J, Mullen, in his own right, hereiz?? ,
called the Sellex and Deborah R. Mullen his wife
" , ovlio jo3riud 3n•
this Agreement sclelY to confirm her consent to the within
transaction; of .. :. • ' '.' .?;'?'"? .
40 Kings GaP 'Road, Carlisle +Cumbe:rlansi Cola ty `? "'
Pennsylvania. and Marcia A. Fetter ?,, y ?c '' , • s . .
a and R. Douglas Potts, her .r,•
husband, of'1452 Holly Pike, Carlisle
Cumberland county. .;.;
Pennsylvania, herein called the " "•
attyer..
, WITNESSETH:
1. In consideration of the purchase ?5.
Price of Fifty-fivve
Thousand ($55,000.00)-Dollars. to be paid as hereinafter,
sets
forth :'. ?••..
the Seller convenanta
and agrees to sell , . Brant and • '• '? •• • '
aonav ,
to the Buyer the real estate described i,n Sohedule aattaCt
hereto and made a part hereof, which the
Buyer agrees to purer •': ' in accordance with the terms and conditions of this '
Agreement.,
2• The Buyer agrees to `
pay therefor the aum of $5$, 000.()0, '
as follows: $3,000:00, in cash
. upon the signing of this
Agreement. the receipt thereof is here '
by acknowledged by the
Se11er,'and the balance of the purchase price, to
$52,000.00, as follows:
(a) On July-1, 1990, the UUM of at least Six :: • ?`
($6.000.00) Dollars ?d . .
wieh mum shall first be applied to itlt?et
on the r'emn ining unpaid balance of the Purchase price at a r,sa -..qt . ,
Ten (lox) percent per annum and the balance of the y•. 1Ynt .., to
o
reduction of the unpaid ,
pri ?jPal tai v=e the purebAse pr.
aoou. 365 PACE 9n- -
. ,. •r
,
. ',•W."a•.:. iii
'.
(b) On July 1, 1991, the sum of at I-east six Thousand
($6,000.00) Dollars. which sum shah, first be applied to is>ttereat
on the remaining. unpaid balance of the purchase price at a rate of
Ten (10x) percent per annum and the balance of the payment to '
reduction of the unpaid principal balance of the purchase price.
(c) on July 1, 1992, the sum of at least Six Thousand
t$s,ooo.on) 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
,
.
Tenn (10%)
percent per annum and the balance of the payment to f
'
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 pa#d on a payment schedule whereby
f
the Buyer shall
pay consecutive monthly installments, oomRnencirng _ •
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 ;
•(10x). percent interest per annum. The said monthly , a aha '
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
'
-JI f.
convey title in fee simple, by special warranty deed, free and '
clear of all liens and encumbrances, except easements, visible
BOOK 365 PACE
. ;:;; 7
I
l..V..'.
and/or.ef,record.and building and use 66nd1tions and remtrigt a e; :'
and the Buyer agrees to pay the balance of the purchase prlce*.in
cash.
Buyer shall have the option, at anytime before the balance-.,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
principal. Any payment made after. the due date shall Incur -a -late
payment penalty of five (S%) percent of the amount of the•payn=t ;
to be paid in addition to such payment hereinabove set forth -for
` each thin
• y (30) days or a portion thereof for which such payment .•
!
shall be late. In the event
' any monthly Payment Is not made 'wi'qu,p
sixty (60) days after its due date, the Buyer shall be 'in° default. ' ".
The.Seller may. at Seller's sole option, elect to accept •payment
.
from the Buyer, after default, of all amounts then, due and' owing s'•
under this Agreement (including all late =t
payment penaltiesy; i
•
or to proceed as hereinafter provided in Paragraph 7 and 8'here,of.
' 3. All real estate taxes shall be prorated as of the'date•of
g
this Agreement. Thereafter, Buyer shall pay all taxes and
i
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 d
educt
the payments from the sums which the. Buyer shall have paid
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 Boyer,
_3_
on 365' 9P.9
• 1 .
. ...rte - _ -..•w.•!wrli.i?i.?+.?, ? g.
'i
eoc?p e: general liability insur+anGe, ' arad` isi` the'::evei?C "r r, .• .
on are erected th
n e 'premises "fire `arid ca'sualty
insurance, in which the Seller shall be,named'as an additional,).
..:insured. The parties, agree to adjust the liabilitylimits
providad'..:
for to d commercially reasonable amount which can be cbtained'ffor
a commercially reasonable premiufi. Such
policy shall be i,ssued'by''
insurance companies
and'in form s$tisfaetor' to:Sell.er
end shall
provide for at least ten (10)•days prior notice to Seller by-jhe
i. ixasurance carrier before any hharage or 'cancellation Shall be .
' ,-effective. Such
Policy or certificate.shall'be delivered to Seller
promptly and all renewals at
leant thirty (30) days prior to the
:expiration thereof.
g' Buyer MY. with written consent of the Seller, erect
• Improvements upon '
premises to increase the value of such premises.
The Seller shall not unr"monabiy withhold a requested consent:
The Buyer shall assume and be responsible fair the mainte»ance'cf ,
f the herein described premises in good orders repair and Condition.
on and after the date of this A
grment, shall permit no waste
therein and shall fully indemnify. protept and save harmless'the-
Seller from
any and all, claims for work and. labor done or
materials fu E ?
rDished in aonneetion maintaining . a
said property in
good order,. repair and condition. The 'gayer, skull not autRe
alterations any ,
additions or improvements to the herein described',
Premises without first securing the Sellers prior written
consent. Further, Buyer shall -cdnform and comply wjth all lags' and
.. 3?5 easy g?? ,' • •'• '
? -. :. ?- ; ? a •,?. J?.. '.. 'v .::,.: ..•,I .:;fir ;..
regulations relating to the 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 4
inspection to determine whether the Buyer has complied with the
terms and conditions of this Agreement. '
7. The Suyer 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 defaplt
aad '! 3
.
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: j
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 herein.
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 aski=ng le. ave
3:65 PAGE 931 t' ':
7
• ' Y
C
Of court, or•at the option of the sellers, said'Prothonotary or
i'
attorney is authorized to confess judgment against Buyer and in ,
favor of Seller for thg entire unpaid balance of the purchase
price, together with costs,,interesty insurance, Payments, etc.' ,.
and with Five (5%) percent added as an attorney.fee.
8. If this contract has'been (r
ecorded in 'the. Office of :thc
Recorder 'of Deeds for Cumberland County and Buyer defaults as °`' • ' ?_~
provided in Paragraph S hereof, then Buyer irrevocably authorizes.
''''• i
the Recorder of Deeds I'
for Cumberland Count :•'
y to mark this Agreement '
"terminated and void"-on the margin hereof, upon receipt of an
!
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, whole or in
part, without the prior written consent to the Seller, •'. .' s
and if such assignment is attempted, the rights stipulat' under
Paragraph 7 and 8'shall accrue to the Seller. The
by Will or passing of title: • • '_
by intestacy shall not be regarded as a forbidden
assignment.
14. At the time of settlement all really transfer taxes shall
be divided equally between Seller and "
. Buyer. Provided. however, •: ? • • ,
that if Buyer's rights under this Agreement 'are assigned the Buyer
shall pay the Seller's share of the transfer taxes at such final
settlement.'
' 11. Monthly payments shall be deemed delivered to the Seller. 'f
when given personally or when d
. eposited in, the U.S. mail, postage .. '. f ?;
Prepaid, and addressed as follows:
Gary J. Mullen
40 Kings Gap Road i !
Carlisle. FA 17013 = ?.J
BOOK r M 'PAGE 932
r : -
' T
i
17
I1-1i
• j• i
' ' •' ? M?„xrrr???rr'??"''' ice;,
or to such ch ::•, ?;?r; ??9? • ;..'?;rr;?,
other address of which Seller may provide Buyer writ
t?`:':j;
notice. ?7;?«; ?;•:,:
12. The rights of Seller get forth in 'Paragraphs 7 exid g
above shall only be exercisable after Seller shall give Buyer at
' least ten (10) d ,
ays prior written notice of his intent to proeeedd.. "
thereunder. Such notice may be sent during the sixty (60).t., M ;. .
grace period or after default by certified mail to the'lant
lox"
address of the Buyer. The ten (10 .: •` • t ;::';;.. '
i days shall co" nce -on -•t date .
of mailing regardless whether or not Buyer accepts delivery
thereof.
13• This Agr`eomant constitutes the Mire u
nderstandiAg
i between the parties. There are no covenants, conditions,
representation& or agreement, written or oral-'o
. f any nature. `• .; ; • '
whatsoever, other than those herein contained.
? 14. A modification or waiver o •.: •:.. ,,.? ,,:,.'. " ??>`? ' •. .._h•- ;
7 f any of the provisions of •t,bu
j Agreement shall be effective on1
I y if in writing and executed with
.
' the same formality as this Agreement. A failure of either2
party t
y to
insist upon strict performance of
any of the provisi of th1.8
i Agreement shall not be construed as a waiver of any sybsecpftt
default of the same or similar nature
? 15. This Agreement shall be construed and governed in
accordance with the laws of the Oozm o
with of PenrisYlAie. 'Zf.,I';;v
any provision of this Agreement is held to be invalid Or V.J?'.?. ;
_ .war; ;;y.'?, ••
' unefoe'•ceahle+ all other :. ?? "'x '•.: ''
provisions nevertheless shall coat t-we in' :` •:; '
full force and effect.
eu? 36.5 933
' ,?', r •'! ,7
15. Time shall be of the eaeenoe for the performance of the '.
terms and Conditions'of this-Agreement, unless extended by .the
•
mutual consent of the parties-hereto in writing endorsed thereon, j,
IN WITNESS WHMMOF, the, t i
' parties hereto, bind themselves, }
their respective heirs, executors, administrators and assigns and," 1.
witness their hands and seals the day and year first'above
written. {
Witness: f•
a J. llen
. • ? [sue.]'. ?. ' ;
Marcia Fett ,•
?td
Debpreh R. Mullen joins in this ? ? ,., • , '
,agreement solely to evidence
her consent to the with transaction.
&QA
; .
' - Deborah n.- . lien
365 B
934
c,-
•1:
........-.. . -... r,
...-. _... . w n... _IVr.rwu...•M•wrm .. r, _ ... .. • rW.ilr..Lr.•r•_•
COMMONWEALTH OF PENNSYLVANIA:
COUNTY. OF CUMBERLAND.
' '', ¢r
On this, the wZa
Zda1y of 1989
, before me, ',•..,,:.;r:•
4
the'undersi ned officer, r"-f-
Q personally appeared Gary J. • ML'iilen'
Deborah R. Mullen, husband and wife, known tb me -(or • .? ?,
satisfactorily proven) to be the'persons whose names are :•=„1 •;
subscribed to the within iinstt^tulaent, s Ad acknowledge that they..
executed the same for the purposes therein contained. - '
'
IN WITNESS WHEREOF, I have set hared •??
mY and offiei.s
WIAIARE WA
SCNNIE L. C4YtE. NtTI'ARY PMIC
l
MT Wu
f SM. gUFiq'.. C0w"o CWJTV
MY CDaih MCN EMNES =(16U & IWO
COMMONWEALTH OF PEN14,SYLVANIA; •'. ?
•!'•;tj
;.-' .;
COUNTY OF CUMBERLAND ?
?
'?.,??•«?,?,•??
.as.
NOTAR14 SEAL -; ,,-
COMOEW tA,ROW0. Notary Pubiie
wo of Caffmc Curmwi d Caun+i?, Pr. s.?+:
Mr Conknls:ia, Qatoba &149'Z , . • +A
? T
••.LNa•a•
On this, theAA,,P day of q j4v-- ,. 2999, before me,
the undersigned officer, personally appeared Marcia A. Fetters and
R. Douglas Potts, husband and wife, known to me (or satlisfaGtorily
proven) to be the persons whose names are subscribed to the within
instrument, and acknowledge that they'executed the same for't,he
purposes therein contained.
IN WITNESS WHMMOF, I have set ri r hand and official seal. ,;
(toot 36.5 ?Ace 93.5
f•
ALL that certain tract of land aitUate in South 'Middleton '
Township; Cumberland County., Perorsylvania, bounded and described
as follows;
BEGINNING at a point on the West side of-Pennsylvania Route 34 at A
the corner of the lend of C,.; Jo .Zizzi ; thence along the West side
of Pennsylvania Route 34, South'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
N
81° 4
th
'
' '
,
or
.
5
West, 252
feet,
more or less, to the line of -land now or formerly of Allen '
Dairies, Inc.; thence along the Allen Dairies, Inc, land
North
0 i'
,
34
East, 164 feet, more or less, to the corner of the land of
C. J. Zizzi; thence along the lands of th
e said C. J. Zizzi, South'
811 45' 165.4 feet, more or less, to the West side of pennsylvania
Ro
t
34 j
.
u
e
, the Place of BEGINNING.
i•
•CONTAINING .670 acres, more or Jess.
BEING the same
premises which Pine Road Construction Company, by
its deed dat
d M
e
ay 13, 1982, and recorded in the office of the`
Recorder of Deeds in and for Cumberland Count
Pe
y,
nnsylvenia,in
Deed Book "T", Vol. 29, Page 779, granted and conveyed to Gary J,
Mullen, the Seller herein. ?•
3
, r
'
` ,•
f•I
r
., ...
.,
. fi
, .. ? •
-
.
.
1
Wd for the ,,f1 of0
••y 4 .U9
'A%1041
and QOUniY. Pit, i
Voi
it ss my hand nd seal o! %
C;trmi le, Pa ?._ yo '
+
.
.
, .. _ .. r 1. .r w.r.
AN,=KENT TO A G1tEE?ENT OF S ri (5V
JUNE 2a,. 19$9
This Amenfte t made in du
j ? plicate this ? d$y a
`
I , 1993? to the Agreement of Tune 22, 1:589, by and
?..s between GARY &T. X=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 pQTTS, her
husband, of 14S2 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 auna 22, 1989, to provide that Seller shall accept
the partial, payment of Four Thousand ($4,000.00) Dollars made on
July if 1993. The remaining 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 dune 22, 1989 is
hereby ratified and affirmed.
IN WITNESS WHEREOF, the parties hereto, bind themselves,
y
?? taa
Gary. Mullen
Deborah R. Mullen joins in this conveyance solely to
evidence hex consent to the within transaction.
eboxah R. M?,tlleli
BUYERS
COM?Y?A1a? a? PSY?+VA?1'IA
CO MY OF Ct' WAAHla
u?fr.
an• this, the q-`,- day, of 1993, baftre me, they
undersigned officer, personally appeared Gary s. MuYYQ and
Deborah R. Mullen, his wife, known to me (or satisfactorily.
prover) to be the person (s) whose name (s) are subscribed to the
within instrMent, and acknowledged that they executed the same
for the purposes therein contained.
YN WYTNESS WHEREOF, z have set my hind and official, goal.
BONNE L WYL& ROSPATAIRY PupUC
MY. NGLLY SPVUNQB, PA. CUMOFRMD 00. L gam,
[MY COMMIS&ON EMNIN OCMM 1i, Ip9I
J
COMMOMEALTH of PENNSYLVANIA
COUN'T'Y OF crrnMM"D `
On this, the day of July, 1993, before me, the
undersigned officer, personally appeared Marcia A. Fetters and
Douglas Potts, husband and wife, known to me (ox 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.
Yu WX SS WHEREOF, I have set my hand and official seal.
. [SQL)
NOTARIAL SEAL
KAM F. BYERS. NOTARY PLISUC
ieM OF CARLISLE. CUMfBM-MC COUNTY
TAY OMMISNOM EMPIRES MARCH 18. 1905
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: t 3
i<s32-
Andrea E. Dean
RILED- m -,r,c
OF T?
2009 M Y 14 A1111: [ 0'-
a? . 5a po ATTY
? aas?o?
Ll\?? W"104
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
1452 Holly Pike
Carlisle, PA 17015, and
R. DOUGLAS POTTS
46 Westview Manor
York, PA 17408,
Defendants
No. 04 - 3070 Civ&-t 7eirrt
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND:
SS.
The undersigned, being duly sworn according to law, deposes and says that the
Defendants are 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 _L DAY
OF , 2009.
LATSHA DAVIS YOHE & MCKENNA, P.C.
By f - ?---
(3,00- 4VAAMIA)
NO RY PUBLIC
WE L H FP-Y IA
NOTARIAL SEAL
JILL A. KRAMER, Notary Public
Silver Springs Twp., Cumberland County
MY Commission Expires April 19, 2013
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
128349
l +1
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: S i3 09
ac'? f?
Andrea E. Dean
125418
FILED-of-FICE
OF THE ppOTHC,)TARY
20Q9 14 All 11: 4 6
Cu ya?„ _
wt
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GARY J. MULLEN
8 West Yellow Breeches Road
Carlisle, PA 17013,
Plaintiff
No. 04 - 3a7o (')-'Vi1Ter*t
V.
MARCIA A. FETTERS
1452 Holly Pike
Carlisle, PA 17015, and
R. DOUGLAS POTTS
46 Westview Manor
York, PA 17408,
Defendants
CERTIFICATION OF ADDRESSES
The undersigned certifies that the following are the addresses to the best of her
knowledge for the parties in this matter: (1) Gary J. Mullen, 8 West Yellow Breeches
Road, Carlisle, Pennsylvania 17013; (2) Marcia A. Fetters, 1452 Holly Pike, Carlisle,
Pennsylvania 17015; and (3) R. Douglas Potts, 46 Westview Manor, York, Pennsylvania
17408.
Respectfully submitted,
LATSHA DAVIS YOHE & MCKENNA, P.C.
Dated: 3 109
BY ~'f
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
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: t D
Andrea E. Dean
AV%
???'J-?.)rr iCE
OF THE ",5,HCN!
2049 MAY 14 Ail I I * t$ 6
CUti?;tt'? J )F?e
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GARY J. MULLEN
8 West Yellow Breeches Road
Carlisle, PA 17013,
Plaintiff
V. No. Dq - 3ot? l? ?v?l T?-+r 4-
MARCIA A. FETTERS
1452 Holly Pike
Carlisle, PA 17015, and
R. DOUGLAS POTTS
46 Westview Manor
York, PA 17408,
Defendants
RULE 236 NOTICE OF ENTRY OF ORDER OR TUDGMENT
AND NOW THIS _14 day of MaV 2009, pursuant to Pa.R.C.P. 236
of the Supreme Court of Pennsylvania, you are hereby notified that Judgment by
confession 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 46 Westview Manor % Glenn R. Davis, Esq.
Carlisle, PA 17015 York, PA 17408 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.
Prothon tary
128348
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
GARY J. MULLEN
8 West Yellow Breeches Road
Carlisle, PA 17013,
Plaintiff
V. No. 09-3070
MARCIA A. FETTERS
1452 Holly Pike
Carlisle, PA 17015, and
R. DOUGLAS POTTS
46 Westview Manor
York, PA 17408,
Defendants
AFFIDAVIT - RETURN OF SERVICE
This Affidavit- Return of Service is filed as required by Pa.R.C.P. 2958.1. Service
of the Notice Under Rule 2964 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 May 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.
130879
This unsworn statement is made subject to the penalties of 18 Pa.C.S. §4904
relating to unsworn falsification to authorities.
Dated:- 5-1 Z..!::I Oct
Respectfully submitted,
LATSHA DAVIS YOHE & MCKENNA, P.C.
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
130879
V I 1 4- ?
G
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
r
foregoing document was served by United States mail certified, return receipt
requested, restricted delivery and by first-class United States mail, postage prepaid,
upon the following:
Marcia A. Fetters
1452 Holly Pike
Carlisle, PA 17015
¦ 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 mailpiece,`
or on the front If space permits.
1. ArticlA Addressed to:
ad by (Printed Name)
? Agerd
D. is delivery address different from item 1? ? Yes
If YES enter deli address ttekwr ? No
Marcia A. Fetters Postage $
1452 Holly Pike Certified Fee o? 910
Carlisle, PA 17015 3. Service Type
Recei
pt Fee
°
?M Required)
? . 3 O
f Q Certffied Mall ? E>?ress Mail
? Registered l;$ Return Receipt fer•Merviaaodise ernaReire? S O
? Insured Mali ? C.O.D.
4. Restricted Delivery? (Etft Fee) Yes doge & Fees I s- /a. OY
2. Article Number 7008
(rrensferfromservioeisw 0500 0001 6798 0159
Cc?-- '?tSS
Ps Form 3811, February 2004 Domestic Return Receipt 1102595.02401-11540 No. 4 5 d 1-? a ll 9 t
?11 a
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128350
C3 i •
. -r
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Postage
$ '/
L y
Certified Fee (2, 5,0
C3
C3 Return Receipt Fee
(Endorsement Required) ,
t
C3 O
C3 Restricted Delivery Fee
(Endorsemem Required) G? _ O
C3
O Total Postage & Fees $ /0. Oq
Sant To
------
d
---------------------
-
C3 Street, . No. --
r- or Po Box No. U1 w V K , ..1... _... M
Postmark
Here
SE
Postmark
Here
?? PA v7yo8
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: Z Z a 9
R. Douglas Potts
46 Westview Manner
York, PA 17408
Andrea E. Dean
130879
I
' ?lj
R''09 iAY 2 F" -" Ott 0;"
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 .
1452 Holly Pike .
Carlisle, PA 17015, and
R. DOUGLAS POTTS
46 Westview Manor
York, PA 17408,
Defendants
No. 09-3070
*apq aid
PRAECIPE FOR WRIT OF EXECUTION
UPON CONFESSED TUDGMENT
To The Prothonotary:
Issue writ of execution upon a judgment entered by confession in the above
matter,
(1) directed to the Sheriff of Cumberland County;
(2) against Marcia Fetters, Defendant;
(3) and enter this writ in the judgment index against Marcia Fetters, Defendant.
(4) Amount Due $1,841.08
Attorney Fes $1,458.34
Costs $ 382.74
131590
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2009 JUL - 7 A 9: 06
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011.50 CBF
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0q. 9y070 Civil
T'^
Certification
I certify that:
(1) This praecipe is based upon a judgment entered by confession; and
(2) Notice pursuant to Rule 2958.1 has been served at least thirty days
prior to the filing of this praecipe as evidenced by a return of service
filed of record.
Respectfully submitted,
LATSHA DAVIS YOHE & MCKENNA, P.C.
Dated: 9 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
131590 2
OF THr-
NMAPY
2009 JUL -7 All 9• CF6
VfFVS f ?... Jj?y.t.Y
09.30gc) 0- V n
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: 0 Lq a9
Andrea E. Dean
131590 3
OF THE
CTAPY
2009JU -7 All, Curs:.
i Yf
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-3070 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due GARY J. MULLEN, Plaintiff (s)
From MARCIA A. FETTERS, 1452 Holly Pike, Carlisle, PA 17015
(1) You are directed to levy upon the property of the defendant (s)and to sell any and all property .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $1,841.08
Interest
Atty's Comm $1,458.34 %
Atty Paid $54.00
Plaintiff Paid
L.L. $.50
Due Prothy $2.00
Other Costs - $382.74
Date: 7/07/09
(Seal)
REQUESTING PARTY:
Name ANDREA E. DEAN, ESQUIRE
Address: LATSHA DAVIS YOHE & MCKENNA, PC
1700 BENT CREEK BOULEVARD, SUITE 140
MECHANICSBURG, PA 17050
Attorney for: PLAINTIFF
is R. Lo 0 ota
By:
Deputy
Telephone: 717-620-2424
Supreme Court ID No. 86301
OF THE PROTI 01,4`
OTAR
2013 MAY 28 PM 2: 38
Glenn R.Davis CUMBERLAND COUNTY
gdavis@ldylaw.com PENNSYLVANIA
Attorney ID#31040
Latsha Davis&McKenna,P.C.
1700 Bent Creek Boulevard,Suite 140
Mechanicsburg,PA 17050 Attorneys for Plaintiff,
Tele: (717) 620-2424;Fax: (717) 620-2444 Gary Mullen
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,PENNSYLVANIA
GARY J. MULLEN,
Plaintiff,
V. No. 09-3070
CIVIL TERM
MARCIA A. FETTERS and
R. DOUGLAS POTTS,
Defendants,
PRAECIPE TO SATISFY JUDGMENT
TO THE PROTHONOTARY:
Please mark the judgment in the amount of$1,945.65 entered on May 14, 2009 on
behalf of Plaintiff, in the above-captioned matter satisfied in full.
Respectfully submitted,
LATSHA DAVIS&MCKENNA, P.C.
Dated: (I'Pe4 P o_X_*A& By: Q2�Lb
Glenn R. Davis
Attorney I.D. No. 31040
1700 Bent Creek Boulevard,Suite 140
Mechanicsburg, PA 17050
Tel: (717) 620-2424; Fax: (717) 620-2444
Attorneys for Plaintiff,Gary J. Mullen
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY/PENNSYLVANIA
GARY J. MULLEN,
Plaintiff, No. 09-3070
V. CIVIL TERM
MARCIA A. FETTERS and
R. DOUGLAS PUTTS,
Defendants.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the
foregoing documents was served by first-class mail, United States mail, postage
prepaid,upon the following:
Marcia A. Fetters
345 Peach Glen Road
Gardners, PA 17324
R. Douglas Potts
46 Westview Manor
York, PA 17408
Dated:
ancy A. Malone
250734vi