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Photo of Sussex County

Court

Sussex County

Delaware

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Case Information

Filed 2024-06-04
Status CLOSED - CLOSED
Type Ci Ejectment
Docket 55 entries

Parties

Plaintiff Blue Beach Bungalows De, Llc
Defendant Schwalbe, Betty
Photo of Hon. Conner Mark H

Judge

Hon. Conner Mark H

Sussex County (DE)

Delaware

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Lawyers

Docket Entries

  1. INIT FILING EJECTMENT
  2. INITIAL COMPLAINT
  3. MOTION FOR RULE TO SHOW CAUSE
  4. SUMMONS
  5. LETTER
  6. ORDER
  7. WRIT ISSUED
  8. WRIT RETURN (GENERIC)
  9. LETTER
  10. MOTION UNDER ADVISEMENT- JUDGE
  11. JUDICIAL ACTION FORM
  12. STIPULATION
  13. ORDER
  14. NOTICE
  15. AFFIDAVIT FILED
  16. NO TRIAL/JUDG: PLTF/OTHER
  17. WRIT OF POSSESSION
  18. NOTICE
  19. ORDER
  20. NOTICE
  21. JUDICIAL ACTION FORM
  22. JUDICIAL ACTION FORM DATE DOCKETED: JULY 20, 2024 JUDICIAL ACTION FORM FROM RULE TO SHOW CAUSE HEARING HELD ON JULY 19, 2024. ACCEPTED BY: MS TRANSACTION ID: 73732679
  23. STIPULATION
  24. STIPULATION DATE DOCKETED: JULY 23, 2024 STIPULATION AND [PROPOSED] FINAL ORDER REGARDING JUDGMENT AND WRIT OF EJECTMENT. ACCEPTED BY: MS TRANSACTION ID: 73740076
  25. ORDER
  26. ORDER DATE DOCKETED: JULY 24, 2024 ORDER SIGNED BY JUDGE ROBERT H. ROBINSON, JR. ON JULY 23, 2024. IT IS ORDERED AS FOLLOWS: 1) DEFENDANT'S NAME IS AMENDED TO HER LEGAL NAME ELIZABETH SCHWALBE WITH THE NICKNAME "BETTY"; 2) DEFENDANT WILL VACATE THE RV SITE BY OCTOBER 31, 2024; 3) DEFENDANT HAS AGREED TO REMOVE ALL PERSONAL BELONGINGS THEY WISH TO KEEP NO LATER THAN OCTOBER 31, 2024. ANYTHING LEFT ON THE RV SITE AS OF NOVEMBER 1, 2024 MAY BE REMOVED AND DISCARTED BY PLAINTIFF; 4) NO PERSONS ARE PERMITTED TO RESIDE ON THE RV SITE AND NO OVERNIGHTS ARE PERMITTED AFTER OCTOBER 31, 2024; 5) IF DEFENDANT ALLOWS ANYONE TO STAY OVERNIGHT IN THE RV SITE, OR IF DEFENDANT FAILS TO ALLOW PLAINTIFF TO CLEAR THE RV SITE AFTER OCTOBER 31, 2024, PLAINTIFF MAY FILE AN AFFIDAVIT WITH THE COURT ALERTING OF BREACH OF THIS AGREEMENT, THEN THE COURT SHALL ENTER AN ORDER GRANTING POSSESSION TO PLAINTIFF AND ISSURING IMMEDIATE WRIT OF EJECTMENT; 6) IF DEFENDANT TIMELY COMPLIES WITH THESE TERMS, THE PLAINTIFF WILL WITHDRAW THIS ACTION NO LATER THAN NOVEMBER 30, 2024. (COPY FORWARDED TO DEFENDANT VIA MAIL 7/25 - MS) ACCEPTED BY: MMT TRANSACTION ID: 73769631
  27. NOTICE
  28. NOTICE - MAIL RETURNED DATE DOCKETED: AUGUST 7, 2024 COPY OF ORDER MAILED TO DEFENDANT ON JULY 25, 2024; RETURNED BY USPS AS "VACANT; UNABLE TO FORWARD" ON AUGUST 5, 2024. ACCEPTED BY: MS TRANSACTION ID: 73963079
  29. AFFIDAVIT FILED
  30. AFFIDAVIT FILED DATE DOCKETED: NOVEMBER 7, 2024 AFFIDAVIT OF BREACH (NICOLE M. FARIES) ATTACHMENT - STIPULATION AND FINAL ORDER REGARDING JUDGMENT PROPOSED ORDER CERTIFICATE OF SERVICE ACCEPTED BY: SB TRANSACTION ID: 74948452
  31. NO TRIAL/JUDG: PLTF/OTHER
  32. ORDER SIGNED - CLOSED DATE DOCKETED: NOVEMBER 13, 2024 ORDER SIGNED BY JUDGE ROBERT H. ROBINSON, JR. ON NOVEMBER 12, 2024. IT IS ORDERED THAT PLAINTIFF HAS POSSESSION OF 8638 FLOUNDER DRIVE, LOT 70, LINCOLN, DELAWARE 19960; IT IS FURTHER ORDERED THAT AN IMMEDIATE WRIT OF EJECTMENT SHALL ISSUE TO PERFECT THE POSSESSION OF THE RV SITE. (COPY MAILED TO DEFENDANT AT ADDRESS OF RECORD ON 11/13 - MS) ACCEPTED BY: MS TRANSACTION ID: 74990357 *VACATED PER ORDER ENTERED NOVEMBER 18, 2024 - MS*
  33. WRIT OF POSSESSION
  34. EXECUTION WRIT OF EJECTMENT DATE DOCKETED: NOVEMBER 15, 2024 WRIT OF EJECTMENT - SUSSEX COUNTY SHERIFF EXHIBIT A PRAECIPE ACCEPTED BY: MS TRANSACTION ID: 75004195
  35. NOTICE
  36. NOTICE TO VACATE AND DISMISS DATE DOCKETED: NOVEMBER 15, 2024 PLAINTIFF'S NOTICE OF VACATION OF JUDGMENT AND VOLUNTARY DISMISSAL OF CASE (NICOLE M. FARIES) PROPOSED ORDER ACCEPTED BY: MS TRANSACTION ID: 75009484
  37. ORDER
  38. ORDER DATE DOCKETED: NOVEMBER 19, 2024 ORDER SIGNED BY JUDGE ROBERT H. ROBINSON, JR. ON NOVEMBER 18, 2024. IT IS ORDERED THAT DUE TO RESOLUTION OF THIS MATTER, THAT THE ORDER ENTERED NOVEMBER 12, 2024 IN THIS MATTER, IS VACATED, AND THIS CASE IS DISMISSED WITHOUT PREJUDICE. ACCEPTED BY: MS TRANSACTION ID: 75032997
  39. NOTICE
  40. NOTICE - MAIL RETURNED DATE DOCKETED: NOVEMBER 23, 2024 COPY OF ORDER DATED NOVEMBER 12, 2024 MAILED TO DEFENDANT; RETURNED BY USPS AS "NOT DELIVERABLE AS ADDRESSED; UNABLE TO FORWARD," ON NOVEMBER 22, 2024. ACCEPTED BY: MS TRANSACTION ID: 75075199
  41. NOTICE
  42. FILE HAS BEEN ARCHIVED - AFT DATE DOCKETED: DECEMBER 9, 2024

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