HomeMy WebLinkAbout00-03651
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TIMOTHY L. WICKARD,
a/k/a TIMMY L. WICKARD, and
HEATHERA. WICKARD,
vs. Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.d.exx>-3L.S-j CIVIL 2000
: CIVIL ACTION LAW -
: CONFESSION OF JUDGMENT
: AMICABLE ACTION IN EJECTMENT
JAMES RYAN WARD,
Defendant
CONFESSION
OF JUDGMENT
Pursuant to the authority contained in the warra11-1,.gt~orney, a copy of which is attached
to the complaint filed in this action, I appear for the PI~ftfiff3 arid confess judgment in ejectment
in favor of the Plaintiffs and against the Defendant for possession ofthe real property located at
315 Juniper Street, Carlisle, Pennsylvania and further described as follows:
ALL that certain lot of ground with the improvements thereon situate in the
Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded
and described as follows:
BEGINNING at a point on the eastern side of Juniper .Street (60 feet wide) at the
corner of Lot No. 14 on the hereinafter mentioned plan oflots; thence by a curve
to the right, extending in an easterly direction and having a radius of75.00 feet, an
arc distance of 98.54 feet; thence by Juniper Street, South 69 degrees 06 minutes
East, a distance of 50.51 feet to a point; thence South 20 degrees 54 minutes
West, a distance of 55.69 feet to a point; thence by Lot No.l4 on said plan, North
69 degrees 13 minutes West, a distance of 123.05 feet to a point, the Place of
BEGINNING.
BEING Lot No. 14A on a Subdivision Plan of Section No. I of Willow Crossing
made by Gerrit 1. Betz, R.8., dated November 20, 1972, as recorded in the
Cumberland County Recorder of Deed's Office in Plan Book 25, Page 90.
O'BRIEN, BARIC & SCHERER
By:
/lf4a~ ~r
David A. Baric, Esquire
Attorney for Plaintiffs
LD.# 44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
(717) 249-5755 (fax)
davellitigation/wickard/ward.foreclosurelconfessionjdg
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INSTALLMENT SALES CONTRACT
ARTICLES OF AGREEMENT, made the 3rd day of December, 1999,
between TIMOTHY L. WICKARD a/kla TIMMY L. WICKARD and HEATHER A.
WICKARD, husband and wife (hereafter singularly and collectively called Seller) and
JAMES RYAN WARD (hereafter singularly and collectively called Purchaser).
WITNESSETH: that the Seller, in consideration of the terms and
conditions hereinafter mentioned and contained, agrees to sell and convey unto the
said Purchaser, his heirs and assigns all that certain real estate located at 315 Juniper
Street, Carlisle, Pennsylvania, being more fully described as follows:
ALL that certain lot of ground with the improvements thereon situate in
the Borough of Carlisle, County of Cumberland and State of
Pennsylvania, bounded and described as follows:
BEGINNING at a point on the eastern side of Juniper Street 160 feet
wide) at the corner of Lot No. 14 on the hereinafter mentioned plan of
lots; thence by a curve to the right, extending in an easterly direction
and having a radius of 75.00 feet, an arc distance of 98.54 feet; thence
by Juniper Street, South 69 degrees 06 minutes East, a distance of
50.51 feet to a point; thence South 20 degrees 54 minutes West, a
distance of 55.69 feet to a point; thence by Lot No.14 on said plan, North
69 degrees 13 minutes West; a distance of 123.05 feet to a point, the
Place of BEGINNING.
BEING Lot No. 14A on a Subdivision Plan of Section No, 1 of Willow
Crossing made by Gerrit J. Betz, R.S., dated November 20, 1972, as
recorded in the Cumberland County Recorder of Deed's Office in Plan
Book 25, Page 90.
AND BEING the same premises which Cynthia E. Pitts, by Deed dated
February 11. 1994 and being recorded in Cumberland County Deed
Book 101, Page 491, granted and conveyed unto Timmy L. Wickard and
Heather A. Wickard.
1. Sale Price. Terms: The Purchaser agrees to pay to Seller therefor, the
sum of Seventy Thousand Five Hundred and 00/100 Dollars ($70,500.00) due and
payable as follows: The sum of Three Thousand Five Hundred and 00/100 Dollars
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($3,500.00) due and payable upon execution hereof, receipt whereof is hereby
acknowledged and the balance of Six-seven Thousand and 00/100 Dollars
($67,000.00) due and payable in monthly installments of Six Hundred Forty-three and
39/100 Dollars ($643.39) beginning the 30th day of November, 1999, and every month
thereafter on the 30th day, to be applied first to interest at the rate of 7.5 percent per
annum and thereafter to reduction of principal. Provided that unless sooner paid, all
unpaid principal and interest shall be due in full on or before October 30, 2001. The
I, aforesaid monthly payment is broken down as follows: $464.28 principal & interest;
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$169.12 taxes and insurance escrows; $9.99 OPT Product.
2. Late Charoe: A late charge of five percent (5%) of such monthly
payment shall be paid by Purchaser for expenses incurred by Seller in sending
delinquent notices and account supervision.
3. Additional Pavments: In addition to the said monthly installments on
account of purchase price and interest thereon, the said Purchaser agrees to pay the
taxes, municipal assessments, utility charges, if any, make all necessary repairs to the
premises and to keep in force not less than Seventy Thousand Five Hundred and
00/100 Dollars ($70,500.00) of fire insurance and extended coverage with a reliable
insurance company approved by Seller, with loss payable to the parties as their
interests appear. A copy of said policy is to be sent to Seller.
4. Prepavment: The Purchaser shall have the privilege of paying as
much more than the required monthly installment of principal and interest as desired,
and nothing contained in this Agreement shall be construed to limit reduction of
principal of said amount. Interest shall be computed on the unpaid balance.
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5, Place of Pavment: All payments shall be made to the Seller at
whatever address is designated in writing,
6. Deliverv of Possession: It is also agreed between the parties hereto
that possession of the said premises shall be delivered to the Purchaser on the date of
execution hereof, and that said Purchaser shall be entitled to receive rents, issues and
profits from said date of delivery of possession of said property.
7. Alterations: The Purchaser agrees not to make any substantial
I alteration of the condition of the premises or of any buildings thereon erected without
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8. Taxes. Proration: Taxes for prior years have been paid. Taxes for the
current year have been prorated between the parties hereto using the fiscal years of
II the taxing authorities as the basis, and on the date of execution hereof, as prorating
I date. At the time that Seller is required, pursuant to Paragraph 11, to provide
, Purchaser with a Deed of Conveyance, Purchaser shall pay to Seller, the following
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prorated real estate taxes: Countyrrownship $32.05 - School $552.22. When legal title
is taken by the Purchaser or their designee, Seller shall pay one-half of the transfer
taxes then in effect up to a maximum of one (1%) percent of sale price hereof, and the
Purchaser shall pay the remainder. Provided, however, if this property is conveyed to a
third party at the request of the Purchaser, then all transfer taxes on said conveyance
shall be paid by said third party and Purchaser as they may agree and none shall be
paid by Seller.
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9. Seller's Rioht to Encumber: Seller shall have the privilege of
encumbering the premises which are the subject of this agreement by a mortgage or
otherwise, provided that at no time may any such encumbrance exceed the unpaid
principal balance of this agreement, and if Seller should default in making any
payments which may be required in connection with any such mortgage or other
encumbrance, the Purchaser shall have the privilege of applying any sums payable
pursuant to this agreement to such encumbrance holder, which payments shall be
I credited toward the obligations of Purchaser hereunder.
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10. Hiohwav Occupancv: Seller warrants that the property has a valid access
to the public road and that at the signing of this Agreement or within a reasonable time
thereafter, the Seller will provide Purchaser with the necessary permit or paperwork.
11. Deed Convevance: Upon compliance with the foregoing terms and
conditions and payment of the said purchase price in full by the Purchaser, the Seller
will, at the expense of Seller, make, execute and deliver to the Purchaser, a good and
sufficient deed for the proper conveying and assuring of the said premises, in fee
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simple, free from all encumbrances, dower and rights of dower, subject only to
easements and restrictions, visible or of record, such conveyance to contain the usual
covenants of special warranty.
12. Default bv Purchaser: In the event the said Purchaser shall fail to make
any monthly payment for a period of thirty (30) days after the same shall have become
due and payable by the terms hereof, or if a breach of any of the foregoing conditions
, be made by Purchaser, then and in such case this Agreement shall, at the option of the I
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liquidated damages, representing the fair rental value of the property during the time
the same shall have been occupied by the Purchaser. Provided, however, that no such
default shall occur unless Seller has given Purchaser at least fifteen (15) days written
notice of such violation of the terms hereof and Purchaser shall have failed to correct
such default.
In the alternative, if default shall be made in the payment of any monthly
payment for a period of thirty (30) days after the same shall have become due and
against the said Purchaser and in favor of the Seller for the whole amount of said
principal sum remaining unpaid, together with interest, costs of suit, release of errors,
attorney's commission of five percent of any unpaid balance due hereunder, and
waiving inquisitions and exemptions. .
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Upon the breach of any of the covenants or conditions of this Agreement,
or upon its termination by forfeiture, the Prothonotary or any attorney of any Court of
record of Pennsylvania, is hereby authorized to appear for and to confess judgment in
an amicable action of ejectment against the Purchaser and in favor of the Seller for the
premises herein described, and to direct the immediate issuing of a Writ of Execution
for costs, waiving all irregularities, without notice and without leave of Court, and with
Three Hundred ($300.00) Dollars added as reasonable attorney's fees,
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Seller shall have the right upon any default or subsequent default or upon
termination of this Agreement to bring one or more amicable action or actions to
recover possession of said premises.
In order to effectuate compliance herewith, a Deed conveying the subject
i' premises from Purchaser to Seller shall be delivered to David A Baric, Esquire, to be
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held in escrow to be utilized for the conveyance from Purchaser to Seller in accordance
herewith in the event of default by Purchaser. David A Baric, Esquire, is authorized in
his sole and total discretion to deliver said Deed to Seller thirty (30) days following
written notification by Seller to David A Baric, Esquire, with a copy to Purchaser that
default in the nature of a payment being due past thirty (30) days, or otherwise has
occurred. The parties release David A Baric, Esquire from any liability hereunder and
agree to indemnify and save him harmless from any claims with respect hereto or from
any loss or damage, direct or indirect arising hereunder, including but not limited to
: costs and attorney's fees incurred hereby. Parties further agree not to institute or
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commence any action or suit whatsoever against David A Baric, Escrow Holder, but all
legal actions shall be directly between the parties,
13. Sellers' Riahts, Acceptance by the Seller of any of the aforesaid
monthly, payments after the same shall have become past due and in default, or any
failure to enforce any of the rights herein reserved to the Seller, or any of the penalties,
forfeitures, damages or conditions herein contained, shall not be considered a waiver
of the right to enforce the same at any time without notice whatsoever, and any attempt
to collect the amount due by one proceeding shall not be considered a waiver of the
right to institute any of the other proceedings herein provided.
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14. Modification. No modification of this Agreement shall be binding
upon the parties hereto unless the same shall be in writing and duly approved by said
parties.
15 Assianabilitv. The interest of the Purchaser in this Agreement shall
not be assignable, in whole or in part, without the prior written consent and approval of
the Seller, and if such assignment is attempted, all rights and remedies of the Seller set
forth herein or which the Seller may otherwise have, shall immediately accrue to the
Seller. Transfer of title by Will, survivorship or by descent shall not be regarded as an
assignment requiring the consent and approval of the Seller.
16 This Agreement shall be recorded at Purchaser's expense only with
the approval of Seller.
17 Bindina Aareement. This Agreement is to extend to and be binding
upon the heirs, successors, executors, administrators and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement consisting of five (5) pages the day and year first above written.
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(Seal)
PURCHA~ER: U
RYAN WARD
(Seal)
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Commonwealth of Pennsylvania
:SS.
County of Cumberland
On this the 3rd day of December, 1999, before me, the undersigned
officer, personally appeared TIMOTHY L. WICKARD a/k/a TIMMY L. WICKARD and
HEATHER A. WICKARD known to me (or satisfactorily proven) to be the persons
whose names are subscribed to the within instrument, and acknowledged that they
executed the same for the purposes therein contained.
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IN WITNESS WHEREOF, I hereunto set my hand and official seal.
h
eal
Notarial Seal
Angela F. Unger, Notary Public
Carlisle Bora, Cumberland County
My Commission Expires Ocl 7, 2000
Member, Pennsylvania Association of Notaries
Commonwealth of Pennsylvania
:SS,
County of Cumberland
On this the 3rd day of December, 1999, before me, the undersigned
officer, personally appeared JAMES RYAN WARD known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
~F~(Seal)
Notarial Se-1\
Angela F. Unger, Noiary Public
Carlisle Bora. Cumberland County
My Commission Expires Ocl 7, 2000
Member. Pennsylvania Association of Notanll$ J
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, Pennsylvania 17103
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TIMOTHY 1. WICKARD,
a/kIa TIMMY 1. WICKARD, and
HEATHER A WICKARD,
vs. Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO.
CIVIL 2000
JAMES RYAN WARD,
Defendant
: CIVIL ACTION LAW -
: CONFESSION OF JUDGMENT
: AMICABLE ACTION IN EJECTMENT
COMPLAINT
1, Plaintiffs are Timothy 1. Wickard, a/kIa Timmy 1. Wickard and Heather A
Wickard, husband and wife, of 692 South Middlesex Road, Pennsylvania, 17013.
2. Defendant is James Ryan Ward, of315 Juniper Street, Carlisle, Pennsylvania,
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17013.
3. Plaintiffs and Defendant entered into an Installment Sales Agreement on December
3, 1999 for the purchase of property located at 315 Jnniper Street, Carlisle, Pennsylvania, by
Defendant. A true and correct copy of said Installment Sales Agreement is attached hereto,
marked as Exhibit A, and is incorporated by reference.
4. The property at issue is as described in the legal description, as attached hereto,
marked as Exhibit B, and incorporated by reference,
5. Plaintiffs aver that to their knowledge judgment is not being entered herein against
a natural person in connection with a residential lease.
6. Plaintiffs aver that neither party to the aforesaid Installment Sales Agreement has
assigned any portion of their interest in said Agreement to other persons or entities,
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7. Plaintiffs aver that to their knowledge no judgment has been entered against
Defendant with regards to the aforesaid Installment Sales Agreement in any jurisdiction.
8. Pursuant to the aforementioned Installment Sales Agreement, Defendant was to
make monthly payments of principal and interest in the amount of $464.28 plus the amount of
$179.11 which was to be held in escrow for the payment of real estate taxes and fire insurance,
beginning November 30, 1999.
9. To date, Defendant is in default on said monthly payments for the months of May
and June, 2000, totaling 1,286.78 plus late charges totaling $32.45 for a total due in the amount
of 1,3190.23 plus reasonable attorney's fees in the amount of $300.00.
WHEREFORE, Plaintiffs pray your Honorable Court issue a Judgment in Ejectment
against Defendant and in favor of Plaintiffs.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
By: ~U.r1A- ~ r
David A .Baric, Esquire
Attorney for Plaintiffs
LD.#44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
(717) 249-5755 (fax)
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I verifY that the statements made in the foregoing Complaint are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section
4904, relating to unsworn falsification to authorities.
[-C~r1iZJ~t~~
Tim' . Wi,k"'" WkI. j
,~ i1tun~~/"L,
. y L Wickard
yJ ,,+AN. () ());~)([jJ,cl
Heather A. Wickard
Date:
dave/litigation/wickard/ward.foreclosure/complaintforeclosure
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INSTALLMENT SALES CONTRACT
ARTICLES OF AGREEMENT, made the 3rd day of December, 1999,
between TIMOTHY L. WICKARD a/k/a TIMMY L. WICKARD and HEATHER A.
WICKARD, husband and wife (hereafter singularly and collectively called Seller) and
JAMES RYAN WARD (hereafter singularly and collectively called Purchaser).
WITNESSETH: that the Seller, in consideration of the terms and
conditions hereinafter mentioned and contained, agrees to sell and convey unto the
'i said Purchaser, his heirs and assigns all that certain real estate located at 315 Juniper
Street, Carlisle, Pennsylvania, being more fully described as follows:
ALL that certain lot of ground with the improvements thereon situate in
the Borough of Carlisle, County of Cumberland and State of
Pennsylvania, bounded and described as follows:
BEGINNING at a point on the eastern side of Juniper Street (60 feet
wide) at the corner of Lot No. 14 on the hereinafter mentioned plan of
lots; thence by a curve to the right, extending in an easterly direction
and having a radius of 75.00 feet, an arc distance of 98.54 feet; thence
by Juniper Street, South 69 degrees 06 minutes East, a distance of
50.51 feet to a point; thence South 20 degrees 54 minutes West, a
distance of 55.69 feet to a point; thence by Lot NO.14 on said plan, North
69 degrees 13 minutes West, a distance of 123.05 feet to a point, the
Place of BEGINNING.
BEING Lot No. 14A on a Subdivision Plan of Section NO.1 of Willow
Crossing made by Gerrit J. Betz, R.S., dated November 20,1972, as
recorded in the Cumberland County Recorder of Deed's Office in Plan
Book 25, Page 90.
AND BEING the same premises which Cynthia E. Pitts, by Deed dated
February 11. 1994 and being recorded in Cumberland County Deed
Book 101, Page 491 , granted and conveyed unto Timmy L. Wickard and
Heather A. Wickard.
1, Sale Price. Terms: The Purchaser agrees to pay to Seller therefor, the
sum of Seventy Thousand Five Hundred and 00/100 Dollars ($70,500.00) due and
payable as follows: The sum of Three Thousand Five Hundred and 00/100 Dollars
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Exhibit "A"
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($3,500.00) due and payable upon execution hereof, receipt whereof is hereby
acknowledged and the balance of Six-seven Thousand and 00/100 Dollars
($67,000.00) due and payable in monthly installments of Six Hundred Forty-three and
39/100 Dollars ($643.39) beginning the 30th day of November, 1999, and every month
thereafter on the 30th day, to be applied first to interest at the rate of 7.5 percent per
annum and thereafter to reduction of principal. Provided that unless sooner paid, all
unpaid principal and interest shall be due in full on or before October 30, 2001, The
aforesaid monthly payment is broken down as follows: $464.28 principal & interest;
$169.12 taxes and insurance escrows; $9.99 OPT Product.
2. Late Charqe: A late charge of five percent (5%) of such monthly
payment shall be paid by Purchaser for expenses incurred by Seller in sending
delinquent notices and account supervision.
3. Additional Pavments: In addition to the said monthly installments on
account of purchase price and interest thereon, the said Purchaser agrees to pay the
taxes, municipal assessments, utility charges, if any, make all necessary repairs to the
premises and to keep in force not less than Seventy Thousand Five Hundred and
00/100 Dollars ($70,500.00) of fire insurance and extended coverage with a reliable
insurance company approved by Seller, with loss payable to the parties as their
interests appear. A copy of said policy is to be sent to Seller.
4. Prepavment: The Purchaser shall have the privilege of paying as
much more than the required monthly installment of principal and interest as desired,
and nothing contained in this Agreement shall be construed to limit reduction of
principal of said amount. Interest shall be computed on the unpaid balance.
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5, Place of Pavment: All payments shall be made to the Seller at
whatever address is designated in writing,
6. Delivery of Possession: It is also agreed between the parties hereto
that possession of the said premises shall be delivered to the Purchaser on the date of
execution hereof, and that said Purchaser shall be entitled to receive rents, issues and
profits from said date of delivery of possession of said property,
7, Alterations: The Purchaser agrees not to make any substantial
alteration of the condition of the premises or of any buildings thereon erected without
first securing the written consent and approval of the SelleL
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II current year have been prorated between the parties hereto using the fiscal years of
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8, Taxes. Proration: Taxes for prior years have been paid. Taxes for the
the taxing authorities as the basis, and on the date of execution hereof, as prorating
date. At the time that Seller is required, pursuant to Paragraph 11, to provide
Purchaser with a Deed of Conveyance, Purchaser shall pay to Seller, the following
prorated real estate taxes: County/Township $32.05 - School $552.22, When legal title
is taken by the Purchaser or their designee, Seller shall pay one-half of the transfer
taxes then in effect up to a maximum of one (1 %) percent of sale price hereof, and the
Purchaser shall pay the remainder. Provided, however, if this property is conveyed to a
third party at the request of the Purchaser, then all transfer taxes on said conveyance
shall be paid by said third party and Purchaser as they may agree and none shall be
I paid by Seller.
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9. Seller's Richt to Encumber: Seller shall have the privilege of
encumbering the premises which are the subject of this agreement by a mortgage or
otherwise, provided that at no time may any such encumbrance exceed the unpaid
principal balance of this agreement, and if Seller should default in making any
payments which may be required in connection with any such mortgage or other
encumbrance, the Purchaser shall have the privilege of applying any sums payable
pursuant to this agreement to such encumbrance holder, which payments shall be
credited toward the obligations of Purchaser hereunder.
10. Hichwav Occupancy: Seller warrants that the property has a valid access
to the public road and that at the signing of this Agreement or within a reasonable time
thereafter, the Seller will provide Purchaser with the necessary permit or paperwork,
11. Deed Conveyance: Upon compliance with the foregoing terms and
conditions and payment of the said purchase price in full by the Purchaser, the Seller
will, at the expense of Seller, make, execute and deliver to the Purchaser, a good and
sufficient deed for the proper conveying and assuring of the said premises, in fee
simple, free from all encumbrances, dower and rights of dower, subject only to
easements and restrictions, visible or of record, such conveyance to contain the usual
covenants of special warranty,
12, Default bv Purchaser: In the event the said Purchaser shall fail to make
any monthly payment for a period of thirty (30) days after the same shall have become
due and payable by the terms hereof, or if a breach of any of the foregoing conditions
be made by Purchaser, then and in such case this Agreement shall, at the option of the
Seller, become null and void and the Purchaser shall forfeit all monies then paid as
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liquidated damages, representing the fair rental value of the property during the time
the same shall have been occupied by the Purchaser. Provided, however, that no such
default shall occur unless Seller has given Purchaser at least fifteen (15) days written
notice of such violation of the terms hereof and Purchaser shall have failed to correct
such default.
In the alternative, if default shall be made in the payment of any monthly
payment for a period of thirty (30) days after the same shall have become due and
payable by the terms hereof, or if a breach of any of the conditions of this agreement
shall be made by the Purchaser, the entire principal sum remaining unpaid may, at
Ii Seller's option, become due and payable at once and may be collected by suit or
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otherwise; and the Prothonotary or any attorney of any court of record of Pennsylvania
or elsewhere is hereby authorized and empowered to appear for and confess judgment
against the said Purchaser and in favor of the Seller for the whole amount of said
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II principal sum remaining unpaid, together with interest, costs of suit, release of errors,
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I attorney's commission of five percent of any unpaid balance due hereunder, and
waiving inquisitions and exemptions,
Upon the breach of any of the covenants or conditions of this Agreement,
or upon its termination by forfeiture, the Prothonotary or any attorney of any Court of
record of Pennsylvania, is hereby authorized to appear for and to confess judgment in
an amicable action of ejectment against the Purchaser and in favor of the Seller for the
premises herein described, and to direct the immediate issuing of a Writ of Execution
!: for costs, waiving all irregularities, without notice and without leave of Court, and with
II Three Hundred ($300.00) Dollars added as reasonable attorney's fees,
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Seller shall have the right upon any default or subsequent default or upon
termination of this Agreement to bring one or more amicable action or actions to
recover possession of said premises.
In order to effectuate compliance herewith, a Deed conveying the subject
premises from Purchaser to Seller shall be delivered to David A. Baric, Esquire, to be
held in escrow to be utilized for the conveyance from Purchaser to Seller in accordance
herewith in the event of default by Purchaser. David A. Baric, Esquire, is authorized in
his sole and total discretion to deliver said Deed to Seller thirty (30) days following
written notification by Seller to David A. Baric, Esquire, with a copy to Purchaser that
default in the nature of a payment being due past thirty (30) days, or otherwise has
occurred. The parties release David A. Baric, Esquire from any liability hereunder and
agree to indemnify and save him harmless from any claims with respect hereto or from
any loss or damage, direct or indirect arising hereunder, including but not limited to
costs and attorney's fees incurred hereby, Parties further agree not to institute or
commence any action or suit whatsoever against David A. Baric, Escrow Holder, but all
legal actions shall be directly between the parties.
13. Sellers' Riahts. Acceptance by the Seller of any of the aforesaid
monthly, payments after the same shall have become past due and in default, or any
failure to enforce any of the rights herein reserved to the Seller, or any of the penalties,
forfeitures, damages or conditions herein contained, shall not be considered a waiver
of the right to enforce the same at any time without notice whatsoever, and any attempt
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right to institute any of the other proceedings herein provided.
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14. Modification. No modification of this Agreement shall be binding
upon the parties hereto unless the same shall be in writing and duly approved by said
parties.
15 Assionabilitv. The interest of the Purchaser in this Agreement shall
II not be assignable, in whole or in part, without the prior written consent and approval of
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forth herein or which the Seller may otherwise have, shall immediately accrue to the
Seller. Transfer of title by Will, survivorship or by descent shall not be regarded as an
assignment requiring the consent and approval of the Seller,
16 This Agreement shall be recorded at Purchaser's expense only with
the approval of Seller.
17 Bindino Aoreement. This Agreement is to extend to and be binding
upon the heirs, successors, executors, administrators and assigns of the parties hereto,
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II Agreement consisting of five (5) pages the day and year first above written.
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IN WITNESS WHEREOF, the parties hereto have executed this
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(Seal)
(Seal)
HEATH R A. WICKARD
PURCHA~ER: U
RYAN WARD
(Seal)
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Commonwealth of Pennsylvania
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County of Cumberland
On this the 3rd day of December, 1999, before me, the undersigned
officer, personally appeared TIMOTHY L. WICKARD a/kla TIMMY L. WICKARD and
HEATHER A WICKARD known to me (or satisfactorily proven) to be the persons
whose names are subscribed to the within instrument, and acknowledged that they
\1 executed the same for the purposes therein contained.
II IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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Notarial Seal
Angela F. Unger, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Oct. 7, 2000
Member, Pennsylvania Association of Notaries
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Commonwealth of Pennsylvania
:SS.
County of Cumberland
, On this the 3rd day of December, 1999, before me, the undersigned
officer, personally appeared JAMES RYAN WARD known to me (or satisfactorily
II proven) to be the person whose name is subscribed to the within instrument, and
II acknowledged that he executed the same for the purposes therein contained.
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IN WITNESS WHEREOF, I hereunto set my hand and official seal.
d~F~(sea,)
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Notarial Seal
Angela F. Unger, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Oct 7, 2000
Member. Pennsylvania Association 01 Notarifl$ J
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O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, Pennsylvania 17103
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LEGAL DESCRlPTION
ALL that certain lot of ground with the improvements thereon situate in the
Borough of Carlisle, County of Cumberland and State of Pennsylvania, bounded
and described as follows:
BEGINNING at a point on the eastern side of Juniper Street (60 feet wide) at the
corner of Lot No. 14 on the hereinafter mentioned plan oflots; thence by a curve
to the right, extending in an easterly direction and having a radius of75.00 feet, an
arc distance of 98.54 feet; thence by Juniper Street, South 69 degrees 06 minutes
East, a distance of 50.51 feet to a point; thence South 20 degrees 54 minutes
West, a distance of 55.69 feet to a point; thence by Lot No.14 on said plan, North
69 degrees 13 minutes West, a distance of 123.05 feet to a point, the Place of
BEGINNING.
BEING Lot No. 14A on a Subdivision Plan of Section No. I of Willow Crossing
made by Gerrit J. Betz, R.S., dated November 20, 1972, as recorded in the
Cumberland County Recorder of Deed's Office in Plan Book 25, Page 90.
Exhibit "B"
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TIMOTHY 1. WICKARD,
aIkIa TIMMY 1. WICKARD, and
HEATHER A. WICKARD,
vs. Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
CIVIL 2000 . 3~.s-1 ~
:NO.
JAMES RYAN WARD,
Defendant
: CIVIL ACTION LAW -
: CONFESSION OF JUDGMENT
: AMICABLE ACTION IN EJECTMENT
CERTIFICATE OF ADDRESS
The address of the Defendant in the above matter as known by Plaintiffs is as follows:
315 Juniper Street
Carlisle, Pennsylvania 17013
The address of the Plaintiffs in the above matter is as follows:
692 South Middlesex Road
Carlisle, Pennsylvania 17013
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David A. Baric, Esquire
ID#44853
17 West South Street
Carlisle, P A 17013
(717) 249-6873
davellitigation/wickardlward. foreclosure/address.cer
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TIMOTHY L. WICKARD,
a1k/a TIMMY L. WICKARD, and
HEATHER A WICKARD,
vs. Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO. CIVIL 2000 -31.051 c' ,,:1
JAMES RYAN WARD,
Defendant
: CIVIL ACTION LAW -
: CONFESSION OF JUDGMENT
: AMICABLE ACTION IN EJECTMENT
PRAECIPE FOR WRIT OF POSSESSION
UPON A CONFESSED JUDGMENT
TO THE PROTHONOTARY:
Issue a writ of possession upon the judgment in ejectment by confession in the above
matter.
Notice pursuant to Rule 2973.3 will be served with the writ of possession,
O'BRIEN, BARIC & SCHERER
By:
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Dlvid A Baric, Esquire
Attorney for Plaintiffs
I.D.# 44853
1 7 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
(717) 249-5755 (fax)
Date: June 15,2000
dabllitlgatlonlwldmrdJpraedpe. writ
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a/k1a TIMMY L.
WICKARD, and
HEATHER WICKARD,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
JAMES RYAN WARD,
Defendant
NO. 00-3651 CIVIL TERM
ORDER OF COURT
AND NOW, this~ay of June, 2000, upon consideration of Defendant's Petition
To Strike Judgment, Request for Prompt Hearing, a hearing is scheduled for Wednesday,
the 28th day of June, 2000, at 3:00 p.m., in Courtroom No. I, Cumberland County
Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
James Ryan Ward
315 Juniper Street
Carlisle, PA 17013
Defendant, Pro Se
David Baric, Esq.
17 W. South Street
Carlisle, P A 17013
Attorney for Plaintiffs
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TIMOTHY L. WICKARD,
a/kJa TIMMY L. WICKARD, and
HEATHER A WICKARD,
vs. Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: NO,
CIVIL 2000- 3&51 ~
JAMES RYAN WARD,
Defendant
: CIVIL ACTION LAW -
: CONFESSION OF JUDGMENT
: AMICABLE ACTION IN EJECTMENT
PETITION TO STRIKE JUDGMENT
REQUEST FOR PROMPT HEARING
I hereby certifY that I did not voluntarily, intelligently and knowingly give up my right to
notice and hearing prior to the entry of judgment. I petition the court to strike the judgment on
this ground and request a prompt hearing on this issue,
I verifY that the statements made in this Request for Hearing are true and correct. I
understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. ~
4904 relating to unsworn falsification to authorities.
Notice of hearing should be given to me at:
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alkla TIMMY L. WICKARD, and
HEATHER A. WICKARD,
vs. Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03651 CIVIL 2000
JAMES RYAN WARD,
Defendant
: CIVIL ACTION LAW -
: CONFESSION OF JUDGMENT
: AMICABLE ACTION IN EJECTMENT
AND NOW THIS
ORDER OF COURT
2.Z:IL day of June, 2000, the parties attached Stipulation
and Agreement of this date is hereby made an Order of Court.
BY THE COURT,
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TIMOTHY L. WICKARD,
a/kJa TIMMY L. WICKARD, and
HEATHER A. WICKARD,
vs. Plaintiffs
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03651 CIVIL 2000
JAMES RYAN WARD,
Defendant
: CIVIL ACTION LAW -
: CONFESSION OF JUDGMENT
: AMICABLE ACTION IN EJECTMENT
STIPULATION AND AGREEMENT
AND NOW COMES, the undersigned parties, Timothy L. Wickard, a/kJa Timmy
L. WicKard, Heather A. Wickard, Plaintiffs and James Ryan Ward, Defendant, by and
through their respective attorneys, to stipulate and agree as follows:
1) that the Defendant, James Ryan Ward did voluntarily, intelligently and
knowingly give up his right to notice and hearing prior to the entry of judgment.
2) that the Defendant, James Ryan Ward consents to the entry of a Order of
Possession and that said Order of Possession shall be effective Noon, July 15, 2000,
3) that the Plaintiffs, Timothy L. Wickard, a/kJa Timmy L. Wickard and
Heather A. Wickard agree that Defendant, James Ryan Ward may maintain possession
of the real estate through Noon, July 15, 2000
4) that the Defendant, James Ryan Ward will do no further damage to the
property and will repair the following items:
A) Screen door
B) Broken window
C) Pet damage
IN WITNESS WHEREOF, the above named parties, by and through their
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of June, 2000.
WITNESS:
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ROBERT L. O'BRIEN, ESQUIRE
Attorney for Plaintiffs
RO~~~RE
Attorney for Defendant
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TIMOTHY L. WICKARD,:
a!kIa TIMMY L.
WICKARD, and
HEATHER WICKARD,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
JAMES RYAN WARD,
Defendant
NO. 00-3651 CIVIL TERM
ORDER OF COURT
AND NOW, this1.'2i tj;y of June, 2000, upon consideration of the stipulation and
agreement filed in this matter on June 28, 2000, the hearing previously scheduled for
June 28, 2000, is cancelled.
BY THE COURT,
David Baric, Esq.
17 W. South Street
Carlisle, PA 17013
Attorney for Plaintiffs
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James Ryan Ward
315 Juniper Street
Carlisle, PA 17013
Defendll1lt, Pro Se
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