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Photo of Sussex County

Court

Sussex County

Delaware

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Case Information

Filed 2024-08-12
Status CLOSED - CLOSED
Type Cv Replevin
Docket 49 entries
Disposition Judgment

Parties

Plaintiff 21 St Mortgage Corporation
Defendant Kirk, Sarah Ann
Photo of Hon. Robinson Jr Robert H

Judge

Hon. Robinson Jr Robert H

Sussex County (DE)

Delaware

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Lawyers

Docket Entries

  1. INIT FILING REPLEVIN
  2. INITIAL COMPLAINT
  3. MOTION FOR RULE TO SHOW CAUSE
  4. NOTICE
  5. ORDER
  6. WRIT ISSUED
  7. WRIT RETURN (GENERIC)
  8. MOTION REMOVED FROM CALENDAR
  9. MOTION
  10. ALIAS SUMMONS
  11. ORDER
  12. MOTION REMOVED FROM CALENDAR
  13. ORDER
  14. WRIT ISSUED
  15. WRIT RETURN (GENERIC)
  16. STIPULATION
  17. JUDGMENT BY ORDER
  18. MOTION REMOVED FROM CALENDAR
  19. ALIAS SUMMONS
  20. ALIAS PRAECIPE & SUMMONS FILED DATE DOCKETED: SEPTEMBER 18, 2024 ALIAS SUMMONS - SUSSEX COUNTY SHERIFF ALIAS PRAECIPE ACCEPTED BY: MS TRANSACTION ID: 74325185
  21. ORDER
  22. HEARING ORDER DATE DOCKETED: SEPTEMBER 26, 2024 ORDER SIGNED BY JUDGE ROBERT H. ROBINSON, JR. ON SEPTEMBER 23, 2024. IT IS HEREBY ORDERED THAT A HEARING BE HELD ON FRIDAY, OCTOBER 18, 2024, AT 1:00 P.M. ACCEPTED BY: MS TRANSACTION ID: 74587126
  23. MOTION REMOVED FROM CALENDAR
  24. RULE TO SHOW CAUSE HEARING FOR OCTOBER 18, 2024 - MS REMOVED FROM CALENDAR DUE TO UNTIMELY NOTICE. NEW HEARING ORDER TO BE ISSUED. PLAINTIFF'S COUNSEL NOTIFIED VIA E-MAIL. DATE DOCKETED: SEPTEMBER 27, 2024
  25. ORDER
  26. AMENDED HEARING ORDER DATE DOCKETED: OCTOBER 1, 2024 AMENDED ORDER SIGNED BY JUDGE ROBERT H. ROBINSON, JR. ON SEPTEMBER 30, 2024. IT IS HEREBY ORDERED THAT A HEARING BE HELD ON FRIDAY, NOVEMBER 15, 2024, AT 1:00 P.M. ACCEPTED BY: MS TRANSACTION ID: 74630891
  27. WRIT ISSUED
  28. WRIT ISSUED DATE DOCKETED: OCTOBER 1, 2024 ALIAS SUMMONS ISSUED TO SUSSEX COUNTY SHERIFF FOR SERVICE UPON SARAH ANN KIRK. (COPY OF RULE TO SHOW CAUSE HEARING ORDER INCLUDED) ACCEPTED BY: MS TRANSACTION ID: 74631217
  29. WRIT RETURN (GENERIC)
  30. WRIT RETURNED DATE DOCKETED: OCTOBER 9, 2024 ALIAS WRIT RETURNED OCTOBER 8, 2024 SARAH ANN KIRK PERSONALLY SERVED ON OCTOBER 7, 2024; PAPERWORK LEFT BY DEPUTY ON DEFENDANT'S PORCH AS REQUESTED. ACCEPTED BY: MS TRANSACTION ID: 74712016
  31. STIPULATION
  32. STIPULATION DATE DOCKETED: OCTOBER 29, 2024 JOINT STIPULATION AND [PROPOSED] ORDER FOR REPLEVIN. ACCEPTED BY: MS TRANSACTION ID: 74886743
  33. JUDGMENT BY ORDER
  34. JUDGMENT BY ORDER - CLOSED DATE DOCKETED: OCTOBER 30, 2024 ORDER SIGNED BY JUDGE ROBERT H. ROBINSON, JR. OCTOBER 29, 2024. IT IS ORDERED UPON THE PARTIES JOINT STIPULATION, THAT THERE IS A DEFAULT UNDER THE TERMS OF THE CONTRACT FOR PAST DUE INSTALLMENTS AND LEGAL COSTS TOTALLING $9,959.01, IN FAVOR OF THE PLAINTIFF AND AGAINST THE DEFENDANT, SARAH ANN KIRK. FURTHER: 1) THE LAST DATE PLAINTIFF RECEIVED A PAYMENT FROM THE DEFENDANT WAS MAY 13, 2024; 2) DEFENDANT WILL CURE DEFAULT AMOUNT BY TWELVE (12) EQUAL MONTHLY PAYMENTS OF $829.92; BEGINNING NOVEMBER 15, 2024; 3) BEGINNING ON NOVEMBER 15, 2024, DEFENDANT WILL RESUME INSTALLMENT PAYMENTS DUE UNDER CONTRACT ON THE 15TH OF EACH MONTH THEREAFTER; 4) AS SECURITY FOR CURE OF DEFAULT AMOUNT, DEFENDANT STIPULATES TO ENTRY OF THIS ORDER OF REPLEVIN OF THE COLLATERAL AS SET FORTH IN PARAGRAPH 6 BELOW; 5) PLAINTIFF AGREES TO FORBEAR FROM REQUESTING ISSUANCE AND EXECUTION OF WRIT OF REPLEVIN AS LONG AS DEFENDANTS MAKES ALL PAYMENTS AS AGREED; 6) IN THE EVENT DEFENDANT FAILS TO PAY AS SET FORTH, PLAINTIFF MAY REQUEST THE ISSUANCE OF A WRIT OF REPLEVIN DIRECTING THE SHERIFF OF SUSSEX COUNTY TO REPLEVY THE 2018 MARL 60 X 27 MANUFACTURED HOME; AND DEFENDANT TO COOPERATE FULLY WITH THE SHERIFF AND REPRESENTATIVES OF THE PLAINTIFF IN MAKING ARRANGEMENTS FOR THE ORDERLY REPLEVIN OF THE PROPERTY. (COPY FORWARDED TO DEFENDANT VIA MAIL - MS) ACCEPTED BY: MS TRANSACTION ID: 74899106
  35. MOTION REMOVED FROM CALENDAR
  36. RULE TO SHOW CAUSE HEARING SCHEDULED FOR NOVEMBER 15, 2024 - MS REMOVED FROM CALENDAR. JOINT STIPULATED AGREEMENT FILED PRIOR TO HEARING. DATE DOCKETED: OCTOBER 29, 2024
  37. NOTICE
  38. FILE HAS BEEN ARCHIVED - AFT DATE DOCKETED: NOVEMBER 20, 2024

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