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HomeMy WebLinkAbout96-04662 ~ l:t ~ ~ ,~ , cI , ~ ',', H , ~f " ~ , ~ ~ , ""< .0-, - L1J J ~ l ~ , \I ,~ - - ;:> - " .-l '"....., :, ...., ..:t ' . I I~( ."....'.. / / ( I , i I .' .. , ONE EIGHTY ONE, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 1& - ~(tft,)_ (l~~~ v. STEPHEN M. URBAN, Defendant CIVIL ACTION - LAW CONFESSION OF JUDGMENT IN EJECTMENT 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 the defendant and confess judgment in ejectment in favor of the plaintiff and against the defendant for possession of the real property described on the attached Exhibit "A", which is made a part hereof by reference. Respectfully submitted, ::~7Ll):IU;(~ Dennis J, Shatto, Esquire Pa. Attorney I.D. #25676 Dated: q /~.:..,/1U; 31 North Second Street P. O. Box 11847 Harrisburg PA 17108-1847 (717) 238-1731 / INSTALLMENT AGREEMENT OF SALE THIS AGREEMENT, made this />r day of January, 1995, by and between ONE EIGHTY ONE, INC., a Pennsylvania corporation, herein- after collectively referred to as "Seller", and STEPHEN M. URBAN, hereinafter referred to as "Buyer". WITNESSETH: That, in consideration of the mutual covenants and agreements herein contained, Seller agrees to sell and Convey, and Buyer agrees to purchase: ALL that certain tract or parcel of land, together with the improvements erected therein, if any, as more particularly described and set forth in Exhibit "A" attached hereto and incorporated herein by reference, upon the following terms and conditions: 1. CONSIDERATION - The purchase price to be paid by Buyer shall be the sum of Eighty-Five Thousand Dollars ($85,000.00), to be paid as follows: A. Six Hundred Eighty-Three Dollars and Ninety-Three Cents ($683.93) in cash or its equivalent at or before the signing and delivery of this Agreement, the receipt whereof is hereby acknowledged; B. The balance of Eighty- Four Thousand Three Hundred Sixteen Dollars and Seven Cents ($84,316.07), with interest thereon at the rate of nine percent (9%) per annum, in equal monthly installments of Six Hundred Eighty-Three Dollars and Ninety-Three Cents ($683,93), neginning on the first day of February, 1995, and payable on the first day of each month thereafter until December 1, 1996, upon which date the entire remaining principal balance, together with any accrued and unpaid interest, shall be paid in full. The interest hereunder shall be computed on the unpaid principal balance and shall be deducted first from the monthly payment and applied to interest, with the balance of the payment to be applied to the principal, 2, RIGHT TO PREPAYMENT - The Buyer shall have no right to accelerate the payment of e hereunder, I EABIT 3. PURCHASE "AS IS" - The Buyer acknowledges that a full opportuni ty has been extended to inspect the premises, and the premises are being purchased by the Buyer "as is", it being understood that after the date of settlement the Buyer shall have no claim against the Seller to alter or repair any part of the premises and related fixtures and facilities sold hereunder. 4. LIABILITY FOR FUTURE TAXES~TILITIES AND MUNICIPAL ASSESSMENTS - All annual real estate taxes, Seyler rents and all other similar annual claims and charges with respect to the property have been prorated to the date of execution hereof. All future charges for sewer, water, if any, municipal assessments and all other such matters incident to the ownership and occupancy of the real estate shall be paid by the buyer when and as the same become due. Failure of the Buyer to make such payments on a current basis shall give the Seller the option to make such payments on account of the Buyer, and to add to the amounts paid, interest, penalties and a five percent (5%) accommodation charge, all of which sums shall be added to the next monthly payment required to be made by the Buyer under this Agreement pursuant to written notice from the Seller to the Buyer of the amount paid for the Buyer's accommodation. In the alternative, the Seller may treat the Buyer's failure to pay such items on a current basis as a default under this Agreement which must be cured by Buyer within the time hereinafter set forth, Buyer shall submit to Seller a copy of the paid receipt for the obligations referred to in this paragraph within thirty (30) days after written request therefor. 5. TRANSFER TAXES Seller shall pay all state realty transfer taxes calculated on the agreed consideration at the rate applicable on the date of this Agreement; buyer shall pay any local transfer tax and any increase in the state tax, whether resulting from an increase in rate or otherwise, These taxes shall be paid at the time of delivery of the deed. 6. POSSESSION AND OCCUPANCY - Buyer shall be entitled to possession upon execution of this Agreement and the payment of any moneys required at the time of, or prior to, execution. 7, CASUALTY INSURANCE - Buyer shall be obligated for the cost to Seller in keeping in force a policy of fire insurance with extended coverage provisions in an amount of not less than $85,000.00. Said insurance shall be used to protect Seller and Buyer as their interests appear, 8. ESCROW FOR TAXES AND INSURANCE - Buyer shall be obligated for all real estate taxes allocable to all time periods after the date of this Agreement. Buyer shall pay to Seller 1/12 of the total of said taxes, and the premium on the aforesaid insurance, on the first day of January, 1995, and on the first day of every month thereafter until termination of this Agreement. Seller shall remit timely payment to the insurance company and taxing entities, The - 2 - initial escrow payment shall be $120,50, based upon estimated total annual taxes (at discount) and insurance premiums of $1,448.82, It is understood, however, that said taxes and insurance premiums are likely to change, and upon written notice of any changes and the adjusted periodic escrow payment, Buyer shall pay the adjusted amount. Default by the Buyer ~n making such payments shall entitle Seller to the remedies set forth in paragraphs 15 and 16 hereof. 9. RECORDING - This Agreement may be filed of record in any public office. 10. MARKETABLE TITLE - When the purchase price has been paid in full in accordance with the provisions of this Agreement, Seller shall deliver to Buyer a special warranty deed. Buyer acknowledges that a reasonable opportunity has been extended for Buyer to examine the title, and by executing this Agreement Buyer acknowledges that the condition of the title is satisfactory to Buyer and that Buyer shall not refuse to discharge any obligation to Seller hereunder on the basis of objections to the title unless such obj ections arise as a resul t of transactions occurring subsequent to the date of this Agreement, 11. MAINTENANCE AND REPAIRS - Buyer agrees that Buyer, at Buyer's own expense, will maintain the premises in a reasonable state of repair at all times and will not permit any waste or disrepair to occur. Buyer agrees to make any and all repairs which, from time to time, become necessary or are mandated by federal, state, county or municipal law, ordinance or code in effect now or which may become effective in the future. 12. IMPROVEMENTS AND ALTERATIONS - No maj or improvements, alterations, additions or structural changes shall be made to the premises without the prior written consent of Seller, which consent shall not be withheld unreasonably. Buyer agrees that Seller or Seller's agents shall have the right at all reasonable times of the day and upon reasonable notice under the circumstances to enter the premises for the purpose of inspection to determine whether Buyer has complied with the terms hereof, In the event of Buyer's default as to the terms of this Agreement, any and all improvements, al terations, changes and additions made to the subj ect premises shall be and remain a permanent part of the premises; they ~ha1l not be removed by Buyer, and Buyer will not be entitled to any reimbursement therefor; nevertheless, if such improvements, alterations, changes or additions were made without the prior written approval of Seller, Buyer shall remove same within thirty (30) days, upon written notice from Seller to do so. In the event of such notice to remove these items, Buyer will repair the surfaces from which such improvements were removed in conformity with the surrounding surfaces. - 3 - In the event that such improvements, al tera tions, changes or additions are made, Buyer shall indemnify Seller from the imposition of mechanics' claims, mechanics' liens and encumbrances of any nature which might affect Seller's interest in the subject premises, except as otherwise may be agreed in writing, 13. ASSIGNMENT OF SALE - This Agreement may not be assigned by Buyer without the prior written approval of Seller, nor may the premises be sold by Buyer by means of an Installment Sales Agreement or comparable document without the prior written approval of Seller. 14, CONDEMNATION In the event of condellmation of the subj ect premises or any port ion thereof by any governmental agency, public authority or utility prior to the payment of all the within obligations from Buyer to Seller, the payment of damages for the "taking" shall be divided between the Buyer and the Seller as their respective interests then may appear, 15. DEFAULT CONFESSION OF JUDGMENT - In the event of default of payment of any sum of money herein agreed to be paid for the space of five (5) days after the same shall become due and payable by the terms hereof, or the breach of any other of the terms of this Agreement not remedied after thirty (30) days' written notice, the whole of said principal sum, at the option of Seller, shall become due and payable forthwith, anything hereinbefore to the contrary notwithstanding. In such case of default, Buyer hereby authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere to appear for Buyer and confess a judgment for the entire principal sum and interest remaining unpaid thereon, with fifteen (15) percent attorney's commission or fees, hereby waiving the right of exemption and inquisition, so far as the land herein described and any property or building thereon may be concerned. In the alternative, Seller, at Seller's option, may proceed by action in ejectment on this Agreement after default made as aforesaid for the recovery of said premises; in such case, Buyer hereby authorizes and empowers any at torney of any court of record in the Commonweal th of Pennsylvania or elsewhere to appear for Buyer and confess judgment of ejectment, and authorizes the immediate issuance of a writ of possession and execution (without asking leave of court) for the costs and fifteen percent (15%) attorney's commission or fees, waiving all stay and exemption laws. . 16. RETENTION BY SELLER OF LIQUIDATED DAMAGES - In the event of a default by Buyer, if Seller elects to proceed by action in ejectment, Seller shall be entitled to assume possession of the premises free of any claim by Buyer, and to retain the amount paid by Buyer under this Agreement as rental and liquidated damages for the Buyer's breach; the parties agreeing that the amount so retained shall in all cases be regarded as rental and liquidated damages, and not as a penalty, - 4 - 17. RIGHT OF BUYER TO PAY LIENS - A. Notice of entry of any mortgage, judgment, lien or other encumbrance affecting title to said premises received by the Seller after the date of the execution of this Agreement shall be given by the Seller to the Buyer within thirty (30) days of the recording thereof in the Cunillerland County Court House, B. In the event any mortgage, judgment, lien or other encumbrance affecting title to the premises is existing at the date of the execution of this Agreement or is hereafter entered of record, and default in the payment is made by the Seller, then Buyer shall have the right to make the delinquent payments and to receive credit for the full amount of said payments made by the Buyer and to deduct the amount thereof from the required monthly payments under this Agreement, Prior to exercising the rights stated in this paragraph, Buyer shall give Seller forty-eight (48) hours notice by certified mail of his intent to do so, but this notice provision shall not limit Buyer's right to make the delinquent payments and to claim credit therefor. 18. SELLER'S RIGHT TO INSPECT - At any time during the continuance of this Agreement, Seller or his agent shall, on twenty-four (24) hours prior notice, have a right to inspect the premises to determine that the condition of the premises is in conformity with the requirements of this Agreement. 19, NOTICE OF VIOLATION - Seller warrants that it has not received any notice of any violation of any building code or other governmental regulations relating to the property being sold under this Agreement. 20. COMPLIANCE WITH CODES - The premises sold hereunder shall be maintained by the Buyer in compliance with any housing code, fire, safety or other governmental codes, laws, regulations, and ordinances applicable thereto. 21. APPLICABLE LAW - In the event of any disagreement or misunderstanding, the terms of this Agreement shall be construed pursuant to the laws of the Commonwealth of Pennsylvania. 22. ENTIRE AGREEMENT - This document contains the entire agreement between Buyer and Seller; I:!here are no representations, warranties, covenants, terms or conditions except as specifically set forth herein. 23. TIME OF THE ESSENCE - It is the agreement of the parties hereto that time shall be of the essence. 24. BINDING AGREEMENT - legally binding upon the executors, administrators and This Agreement shall extend to and be parties, their respective heirs, assigns, but nothing herein shall be - 5 - '- COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: O~ -- On this, the / day of , 1995, before me, the undersigned Notary Public, personally eared ST E Pi1e,J I'Y) ~ (~rt1A,J ,known to be (or satisfactorily proven), to be the person whose name is subscribed to the within Agreement, and acknm.'ledged that ~ executed the same for the purposes Cherein contained. IN WITNESS WHEREOF, and offical seal, My C c; ;....e Nolanal Seal Jean P. Zonarich, Notary Public Hanisburg, Dauphin County My Commission Expires Sept, '4, 1998 * 1v1ember, Parnsy~an'a AssodatlOn of Notaries * * * * * * * COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN On this, the / 7 ~ day of 1)J/v..'-("~/ 1995, before, the undersigned Notary Public, personally appeareql) \fll 0 P E ~ \J AR A J-J;)1 , _WhO, bein~ly sworn according to law, deposes and says that f}-j b is the ~~r of One Eighty One, Inc., and that as such officer 5H-~ is authorized to make this affidavit on its behalf, and further deposes and says that the facts set forth in the foregoing Agreement are true and correct. ~r~~ RY PUBLIC My Commission Expires: Notarial Seal Jean P. Zonarich. Notary Publlo Harrl.burg, DaupI1ln county My CommiSsion ExpIt.., Stlpt, 14. 1998 M<o\bor,Pon~_llanof_' - 7 - ::>> ;, .!; , , , .:! ,,-,-I .0:: " , , ':1 . 1 ".;- , I . I , ' , .., .NI 'I'M'!' CERTAIN ".., r a l or parcel La) of/WId and prom,m, .rituall, 'rln, ant! beinr In Ih. BOI:OU\1h 0/ Cum., lUll In th. Counry of CUMIlE!'lLANl:l Ond C:ommunwealth oJ Pennsylvania, mart panlcularly described aSjallows: BEGINNING at a point on the southern line of Chestnut streee, said point being sixty-seven and ten hundredths (67.10) fase in II westerly direction from the we5tern line of Twenty-seCOnd 5t:nlet; thence South G de.;rrees ;east, ninety-nine and forty-seven hundreclths (99.47) feet to a ~Qint; thenoe South 83 degrees 37 ~lnutes west, a tlistance of ailrtly-l::hre.e and forty-nine hUlldredths (63.49) feet to a point; thence North 4 degrees 5 minutes West, a distance of one hundred (100) feet to a point on the southern line of Chestnut street; thence along the southern line of Chestnut Street, North 84 decrrees 12 minutes East, a distance of sixty (60) feet to a point, the place of ~EGINNING. HAVING THEREON ERECTED a one story brick dWelling known as 2205 chestnut street. BEING the same premises which Ronald K, Fruth and Ann Elizabeth Fruth,formerly Ann Elizabeth Hively, by deed dated ])r:c, /2 ,I"l'f/ . and intended to be recorded herewith, granted and conveyed unto' One Eighty One, Inc., a Pennsylvania corporation, Nortgagor herein. EXHIBIT I B CLECY.tlER f, FEARHI FAX 110, 7:7238B18', p, 03 VEIl.Ii'ICATION I verify that che Bt~tements made in the foregoing Cornpl~in~ eU:e crue and con:ecc to the best of my knowledge, inforr.\ation and belie!. I unc;!et:stand that fa1~" lltaLemellL:> hen,lll ""'",, made subject to the penalties ot 18 ~Q, C.S. ~49C4 relating to un6wo~n falsification to authorities. _ j) ~ ;JIU(J jl. (/~/fd'.(;l Ju- D~V. BRAND ' President, One Eighty One, Inc. Date: S/9/f(, , ''-J ...,.., '" ....., :'.\ ~''1 r= ....., >;: 0' , - ~~t -- , ,- ,. -- iN t.u ~', '.-;." u. .. r-f - '-- ~:- (.;,., . ~~ ~ '=' () lL!!..." (',~ '1::;; _I,. C " :':1 1\-< u::' --- " .L. -...; I .~) :~) - (j C'\ (..J "- "" '---::. "'" r ~ <0-... ..... ~ .." ""'-I. , ! .- ) F~ ~ 8 , ~ <V ~ ~ \'1) ~ ~'0 ~ ~ ~ ~' <::., ~',~ , .... ONE EIGHTY ONE, INC., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY , PENNSYLVANIA NO . r(' &- - 4 (p (;- ,) C"A'J-~L CIVIL ACTION - LAW v. STEPHEN M. URBAN, Defendant NOTICE UNDER RULE 2973.2 OF JUDGMENT AND EXECUTION NOTICE OF DEFENDANT'S RIGHTS To: Stephen M. Urban, Defendant A judgment for possession of real property has been entered against you and in favor of the plaintiff without prior notice and hearing based on a confession of judgment contained in a promissory note or other document allegedly executed by you. The sheriff may remove you from the property at any time after thirty days after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your being removed from the property. ANY PETITION SEEKING RELIEF FROM THE JUDGMENT MUST BE FILED WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. 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. 4TH FL., COURT ADMINISTRATOR CUMBERLAND COUNTY 10 RTHOUSE CARLISLE, PA 17013 '., . . (717) 240-620X All/ L/l!J/~ Dennis J. Shatto, Esquire Pa, Attorney I.D. #25676 Attorney for Plaintiff 31 North Second Street P. O. Box 11847 Harrisburg, PA 17101 (717) 238-1731 Dated: (f i; L)j<'( C,