HomeMy WebLinkAbout01-0962BRIAN C. SWEENEY and LAURA,
M. SWEENEY, husband and wife,
Plaintiffs
Ve
JANES R. MOUL and MAYRE ERIN,
MOUL, husband and wife, and
KATHLEEN COYNE, an adult
individual
: IN THE COURTS OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN EJECTMENT
NOTICE
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take action
within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney
and filing in writing with the court your defenses or objections
to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may
be entered against you by the court without further notice for any
money claimed in the complaint or for any other cla/m 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 17013
Andrew C. Sheely, Esq~i~
PA. I.D. No. 62469
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717 697-7050
Attorney for Plaintiffs
BRIAN C. SWEENEY and LAURA,
M. SWEENEY, husband and wife,
Plaintiffs
JAMES R. MOUL and MAYRE ERIN,
MOUL, husband and wife, and
KATHLEEN COYNE, an adult
individual
: IN THE COURTS OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: 0~ ~&~--CIVI5 TERM
:
: 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 this Complaint and respectfully aver as follows:
1. Plaintiffs are Brian C. Sweeney and Laura M. Sweeney,
husband and wife, of 11146 Waterfall Road, McConnellsburg,
Pennsylvania.
2. Defendants James R. Moul and Mayre Erin Moul are husband
and wife residing at 16 West Main Street, Shiremanstown,
Pennsylvania.
3. Defendant Kathleen Coyne is an adult individual is the
mother of Mayre Erin Moul with an unknown address.
4. Plaintiffs are the record legal owners of certain real
estate being improved with a dwelling home situated in the Borough
of Shiremanstown, 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
141, page 690, being bounded and described as follows:
ALL THAT CERTAIN 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 North 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 Lester 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, Pennsylvania.
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 Office 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.
2
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)
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.
day
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.
3
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,
4
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.
February I< 2001
Respectfully submitted,
' ~hdrew C. Sheely, ~re
PA. I.D. No. 62469
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717 697-7050
Attorney for Plaintiffs
5
VERIFICATION
I verify that 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
Brian C. Sweeney
EXIlIB1T A
'96JUIt26 R~11152
Tax Parcel No. 37-23-0555-032
THIS DEED,
~4DE TI~
nine hundred ninety-six (1996)
JAMES W. SAUVE, JR., and JUDITH A. SAUVE, his
wife, STEPHEN C. SAUVE and HELEN M. SAU~E, his
wife, and DAVID L. SAUVE and SHARON K. SAUVE, his
wife, of
BRIAN C. SWEENE¥ and I~URA M. SWEENEY, husband and
wife, of Camp Hill, Pennsylvania
~/TNF~TH, that in consideration of One Hundred Five Thousand
Dollars and NO/100 Dollars ($105,000.00), in hand paid, the
receipt whereof 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 Development CORD., one hundred eighty-three (183)
feet, more or less to courtland Alley; on the West by land now or
formerly of Lester J. Mayberry, on~ hundred eighty-three (183)
feet, more or less, to Main Street, the place of BEGINNING.
HAVING E~tECTED THEREON a two and one-half story brick dwelling
house being known and numbered as 16 West Main Street,
Shiremanstown, Pennsylvania.
BEING the same premises which P~honda E. Smith, single, by deed
dated June 10, 1930 and recorded in the Cumberland County
Recorder of Deeds Office in Deed Book "D", Volume 11, Page 302,
granted and conveyed unto Benjamin Erb and Ida E. Erb, his wife.
Tbs Said Benjamin Erb died on October 26, 1943, whereupon the
entire estate vested solely in Ida E. Erb, the surviving tenent
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 during her natural life and after her death to her
childre~, my residence located at and known as 16 West Main
Street, Shiremanstown, Pen~sylva~ia, she to have the right and
privilege of occupying the same as soon as the sale of my
personal property has been made.-
children were born to Mildred Erb Sauu,10'.
full Mildred Erb Sauve died on October }99~. Three (3)
---, a~ or whom are now of
age, namely James Wo Sauve, jr.t Stephen C. Sauve, and David
L. Sauve, and who together With their spouses, all of whom also
being of full age, have Joined ~ this deed as grantors. The
spouses of James W. Sauve, Jr., Stephe~ 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.
and seals the day and year first above written.
(SEAL)
EXHIBIT B
INSTALLMENT SALES AGREEMENT
THIS AGREF~MENT, made this L~.day of ~-j7~' , 1999 b
between Brian and Laura Sweeney, husband ' .J. ~ - , Y and
and Wire, 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. SA/~E ~ P~/RCH~tSE. 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. PLrRCHASE PRICE. The price or consideration shall be One
Hundred Twenty-Nine Thousand Dollars ($129,000.00), which shall be
paid to 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,
Until such time as the remaining $124,000.0 ' . 2000.
pay Sellers $850.00, be~i ~ ..... 0 is paid, Buyers shall
~ n.~ ~U USE
month. The payments shall . g ~___15, ~999, each and every
be paid d~=ctly to Sellers, not later
than the fifteenth day of each month.
3. PREPAYI~ENT. Buyers shall have the right to prepay the
principal balance in whole or in part a~ any time without fee, fine
or penalty.
4. EXISTINGAND FUTU~ ENCUi~CES. 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
principal amount of dated , in the
5. POSSEssION. POSsession of the Premises shall be given to
Buyer on August 15, 1999.
6. RF2tLESTATE TAXES ARDBENEFITASsESSi~E~TS. 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. UTILITIES. Buyers,
responsible f~r and shall pay for Upon possession, shall be
in Connection with the Premises. all utilities and services used
8. INSURANCE. 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 any one
person or to property, and Three Hundred Thousand Dollars
($300,000.00) for accident, injury or death to persons or proper~y
arising out of any one 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. If 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
equivalent credit against the then outstanding purchase price
hereunder, (and which shall also be credited against the monthly
payments required of Buyers hereunder).
Sellers shall not further lien the Premises during the term of
this Agreement, but in the event any lien should attach to the
Premises subsequent to the date of this Agreement, Buyers shall
have the right to make such advances toward the retirement of such
lien as they deem advisable to protect their interest
Premises, and shall '
be given equivalent credit a~a~=~ ~= in. the
~ ~.o~ ~ne purchase
price hereunder (and which 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
be no further liability or obligation the latter event, there shall
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 the
principal sum and interest remaining u
npald thereon with five
percent (5%) attorney.s Commission, 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 an '
~oriz~s and empowers any atto .... %=in such case the Buyers
~ar for them ~ - < ~,.=~ ui any Court oF
pr=m~ ~ ~n amicable act~ . . - ~coru to
..... ocs, to be entered by the prothonJ~L_in. e]~tment for the
shall be the plaintiff and the Buyers the defendant, and COnfess
~y, ~n wnlch the Sellers
judgment for the Premises and authorize the immediate issuing 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 SETTLF, MENT. 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.
with lt~ ~,~s~u~'sta~e P~?erty is sold "aS i'",consisten~
men~ provided by Sellers to Buyers
Buyers agree to keep the Premises in '.
s~rub~! in as good repair an ! .~ludlng 1.andscaplng and all
e~ecu~on of this Agreemen~ c~2~?~as ex,st at the time of
~dD±e wear and tear alone
excepted'. Any notice, ordinance or oth .
to the date of this Agreement by a ..... ~ ~atter.~lled subsequent
a lien could be asserted = ~= ~uv=rnlng authority for which
paid by the Buyers. against the Premises is to be promptly
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. E~NTIRE 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 additions to
this Agreement must be made in writing and executed by the parties.
19. ASSIGN2%BILITY. Buyers shall not assign all or any part of
their interest under this Agreement without the express written
consent of the Sellers.
29- HEIRS AND ASSIgNs. Th
~emselves, their hears ...... e said parties he,=~ ....
=~ P=r£ormance of this Acreem=~~=u°rs and assigns for
~ ~= =s set forth above.
21. TI~4E OF ESSENCE. Time is hereby declared to be of the
essence of this Agreement.
IN WITNEss W'HEP. EOF, the parties
Installment Sales Agreement with intent to
have hereunto set their hands and seals.
WITNEss:
DATE
WITNEss:
to this Real Estate
be legally bound hereby
DATE
SELLER:
B ian weeney/
aura Sweeney ~
BUYER:
~ ~ayr,~Erin Moul ~
I, Kathleen Coyne, guarantee t .
~ indebtedness of Buyers to S=--L%~ellers the payment of anv a d
o=aes~Agreeme~t. The obli atio~==~ PUf.~uant to this Installment
~ ~c UUyers before brin~in ..... =~z .ue required to proceed
az=eged default by Buyers ~T~ ~uczon a~alnst Guarantor for a -
to any action brou~ ~_ ,' ouyers Shall be 4oin~ _ ny
any law suit ~'~ =~a~nst Guarantor by Seller~ =~=~.a party
..... ,,. ~ uroug~t bv Sel]e-~ , ~. ~u ~ne event
w~=val±lng party shall be enti%le~ =~ ~= against Guarantor, the
WITNESS
DATE
GUARANTOR:
~ Coyne
Commonwealth of Pennsylvani .
County of ~q~ a
On this J~day of ~fL~/~'-- 1999, before me, the subscriber and
Undersigned officer, persona]'ly 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.
Notary Public - --
Notaria Sea
Commonwealth of Pennsylvania : tMechanicsi)urgBoro, CumberandCountyI
Michael G. Bennett, Nol[ary Publ c
C 0 U.n t y 0 f : J~.My Commission Expires Sept. 6, 1999
Tv~bet, Pennsylwoia Association of Notaries
On this /~ day of ~ , 1999, before me, the subscriber and
Undersigned officer, personally appeared James R. and Nayre 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.
Notary Puh]jC. --
J NOTAR AL SEAL -
I CHRISTINA C, SMITH, Nota~/Public~
Commonwealth of Pennsylvania . ~ My Commission Expires Jan, 6, 20~3l
County of · ~ Hampden Twp., Cumberland County
On this day of
, 1999, before me, the subscriber and
undersigned officer, personally appeared F~athleen 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
2
O. H~=RS A~ A~SI~S The
~l-la~ Sween~y
WI T~$S:
~-- ~nd~btednez$ of Buyer~ to Se!!~rs pursuant to this Ins=a~lmen~
Sales Agreement. Th~ obl~ga%ic, ns of Guarantor are depend~n~ upoD
the default of =h~ 5uyers. Sellers ska!l De required =o proceed
a~&ins~ Buy~:~ before brlnqi~ actLon against Guarans¢l for ar~y
~!ieged defaul~ by Buy.rs, Tbs Suyers sba!l be joined -- a p@r=y
to Any action brought
~ga!~%s. ~=ara~tor Dy .elle=~.. in %he eve~c
BRIAN C. SWEENEY and LAURA
M. SWEENEY, husband and wife,
Plaintiffs
JAMES R. MOUL and MAYRE ERIN
MOUL, husband and wife, and
KATHLEEN COYNE, an adult
individual
: IN THE COURTS OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN EJECTMENT
PRAECIPE TO REINSTATE COMPLAIN~
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
~drew C._~Es~ire-
Attorney for Plaintiffs
PA ID NO. 62469
P.O. Box 95
127 S. Market Street
Mechanicsburg, PA 17055
717-697-7050
717-697-7065 (F~)
SHERIFF' S RETURN -
CASE NO: 2001-00962 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SWEENEY BRIAN C ET AL
VS
MOUL JAMES R ET AL
REGULAR
CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly Sworn according to
says, the within COMPLAINT - EJECTMENT was served upon
MOUL JAMES R
the
law,
DEFENDANT at 0012:31 HOURS,
at 1100 EAST SIMPSON ST
on the
ls~ day of March
, 2001
MECHANICSBURG, PA 17055
JAMEs R. MOUL
by handing to
a true and attested copy of COMPLAINT - EJECTMENT
NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff,s Costs:
Docketing 18.00
Service 6.20
Affidavit .00
Surcharge 10.00
.00
34.20
Sworn and Subscribed to before
me this J~ ~
day of
_~w~-~ ~7 ~ A.D.
-- Prothonotar~~
So Answers:
R. Thomas Kline
03/15/2001
ANDREW SHEELY
By: ~ ~
~eputy -
SHERIFF'S RETURN - REGULAR
CASE NO: 2001-00962 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLJtND
SWEENEY BRIAN C ET AL
VS
MOUL JAMES R ET AL
WILLIA}4 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,
at 132 S HANOVER ST
on the A4th day of .March_ _, 200~1
CARLISLE, PA 17013
MAYRE ERIN MOUL
by handing to
a true and attested copy of COMPLAINT - EJECTMENT
NOTICE
together with
and at the same time directing ~er attention to the contents thereof.
Sheriff,s Costs:
Docketing 6.00
Service
Affidavit 3.10
.00
Surcharge 10.00
.00
19.10
Sworn and Subscribed to before
me this ~?~ day of
~ =2~/ A.D.
~z'ot honotary ~"~,-/ !
So Answers:
homas Kllne
03/15/2001
ANDREW SHEELY
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
: IN THE COURTS OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
:
: 01 - 962 CIVIL TERM
:
: IN EJECTMENT
P__RAECIPE TO DISCONTINU__E COMPL_AII~.~.
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
PA ID NO. 62469
P.O. Box 95
127 S. Market Street
Mechanicsburg, PA 17055
717-697-7050
717-697-7065 (FAX)