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HomeMy WebLinkAbout02-1401WEST SHORE EVANGELICAL FREE CHURCH, Plaintiff DON WRIGHT AND JEAN WRIGHT, husband and wife, 354 Stumpstown Road Mechanicsburg, PA 17055 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN EJECTMENT To the Prothonotary: Please issue a Writ of Summons against the Defendants in the above-captioned action. Kindly return the Writ to our office for service upon the Defendants' attorney, who has agreed to accept service. Respectfully Submitted, WIX, WENGER & WEIDNER David R. Getz, I.D.# 34838 ~ 508 North Second Street Post Office Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 Date: f:~rg\9230 - West Shore Evangelical Free Chumh\10286 - Real Estate - Monroe Township Property~Documents\Praecipe for Writ of Summons.doc Commonwealth of Pennsylvania County of Cumberland WEST SHORE EVANGELICAL FREE C~URCH Plaintiff DON WRIGHT AND JEAN WRIGHT Husband and Wife, 354 STUMPSTOWN ROAD MECHANICSBURG, PA 17055 Defendants Court of Conmuon Pleas No. 2Q02-14Q1 Civil In Civil Law To Don and Jean Wright H/W You are hereby notified that .__W_e_s__t__S_h_9_r_e' Evan~e_lical Free Church the Plaintiff h~s commenced an action in against you which you are required to defend or a default judgment ma), be entered against you. (SEAL) Date March 22, 2002 19 .... WEST SHORE EVANGELICAL FREE CHURCH, Plaintiff DON WRIGHT AND JEAN WRIGHT, husband and wife, 354 Stumpstown Road Mechanicsburg, PA 17055 Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1401 CIVIL ACTION - LAW IN EJECTMENT ~TIPULATI~I~ JUf~(~MI=NT It is hereby stipulated and agreed by and between the undersigned that the following is true and that judgment should be entered against the Defendants as follows: 1. Plaintiff, West Shore Evangelical Free Chumh, is the owner of real estate located at 354 Stumpstown Road, Mechanicsburg, Pennsylvania 17055 (the "Property). The Church acquired the Property by deed dated January 24, 2002 and recorded in Cumberland County Recorder of Deeds Office in Deed Book , Page 2. Defendants are tenants on the property pursuant to an unrecorded lease between tenants and the prior owner of the Property, Marie K. McAndrew ("McAndrew"). Tenants are in default of the lease. 3. As part of the acquisition of the Property, McAndrew assigned the lease and assigned all her rights and obligations under the lease to Plaintiff. 4. Among the defaults are unpaid rent owed to McAndrew and properly assigned to Plaintiff of $3,400.00. 5. Additionally, Defendants are in default to Plaintiff for rent for February and March in the amount of $850.00 per month for a total of $1,700.00. 6. Defendants also agree that they will owe Plaintiff monthly rent of $850.00 for the month of April 2002. Thus, Defendants owe the Plaintiff the total amount of rent of $5,950.00. 7. Defendants hereby stipulate to a judgment in favor of Plaintiff in the amount of $5,950.00. Defendants further hereby instruct their attorney, Richard S. Friedman, Esquire, of the law firm of Friedman & King, P.C., to pay said amount to the Plaintiff from the proceeds of any recovery made by Attorney Friedman on behalf of Defendants or either of them. 8. Defendants agree that if they do not vacate the Property as agreed herein, rent shall continue at the rate of $850.00 per month and Defendants instruct their attorney to pay such rent to Plaintiff in addition to the sum set forth in Paragraph 7 hereof. 9. Defendants shall vacate the Property before April 30, 2002. Defendants stipulate and agree that Plaintiff is entitled to a writ of possession for the Property on or after April 30, 2002 without filing any additional pleadings and agree that Plaintiff shall be entitled to a writ of possession upon presentation of this Stipulation to the Prothonotary and/or the Sheriff of Cumberland County. 10. Defendants waive any and all rights they may have to a hearing, trial, appeal, or any other proceedings under this litigation. 11. The parties have consulted with their respective counsel prior to entering into this Stipulation. 12. Plaintiff shall file this Stipulation with the Prothonotary. 13. Upon filing of this Stipulation, the Prothonotary is authorized and directed by the parties to enter judgment in favor of Plaintiff and against Defendants for possession of the Property and the amount of $5,950.00, plus costs and interest. IN WITNESS WHEREOF, AND INTENDING TO BE LEGALLY BOUND HEREBY, the parties hereto have executed this Stipulated Judgment as of the 25th day of March, 2002, ATTEST: (~a~e,) Secretary (SEAL) WEST SHORE EVANGELICAL FREE CHURCH BY~Pre~~ Wright F:~drg\9230 - West Shore Evangelical Free Church\10286 - Reel Estate - Monroe Township Propert~uments~Stipulation.doc c,j iD ~ ct) (-) WEST SHORE EVANGELICAL FREE CHURCH, Plaintiff DON WRIGHT AND JEAN WRIGHT, husband and wife, Defendants · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : : NO· 2002-1401 : CIVIL ACTION - LAW : IN EJECTMENT To the Prothonotary: Please mark the judgment satisfied with prejudice in the above-captioned case. Date: Respectfully Submitted, WIX, WENGER & WEIDNER By: David R. Getz, I.D.# 34838 508 North Second Street Post Office Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 F:~drg~9230 - West Shore Evangelical Free Church\10286 - Real Estate - Monroe Township Property~Documents~Praecipe to Satisfy Judgment.doc 5/20/02