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HomeMy WebLinkAbout97-02095 ~ l-i ::::s ~ . """I , j ~ I, X,,," , / r (I ., ~ () 2/ <::3- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO, 97.~O q5' CIVIL TERM JOHN N, MALLIOS and V ASILIKI MALLIOS, Plaintiffs v. MOHAMED MOHAMED ABDELHAMID, individually, and tld/b/a NEW KEYSTONE DINER Defendant CONFESSION OF JUDGMENT 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 Plaintiffs and against the Defendant for possession of the real property described as follows: ALL THA T CERTAIN tract or parcel ofland situate in Middlesex Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the northwest comer of U.S. Route II and Carolina Drive, as shown on the subdivision plan hereinafter mentioned; thence along the eastern side of Carolina Drive in a generally northerly direction, North twelve degrees eleven minutes twenty seconds East, a distance of two hundred seventy-five and ninety-three hundredths feet (N. 120 II' 20" E., 275.93') to a point; thence in a generally easterly direction approximately South seventy-seven degrees forty-eight minutes forty seconds East, a distance of two hundred thirty-four and thirty-eight hundredths feet (S. 77048' 40" E., 234.38') to a point; thence in a generally southerly direction, South seven degrees thirty-two minutes zero seconds West, a distance of two hundred fifty-six feet (S. 70 32' 00" W., 256.00') to a point; thence along the previously stated U.S. Route II in a generally westerly direction North eighty-two degrees twenty-eight minutes four seconds West, a distance of two hundred fifty-six feet (N. 82028' 4" W., I I 256,00') to a point, the place of Beginning. CONT AININO approximately sixty-five thousand one hundred four and twenty-five hundredths square feet (65,104,25 sq, ft.) or one and forty- nine acres (1.49 A.), more or less. BEING Lot No.2 on the approved subdivision plan for Carlisle Development Corporation as recorded in the Cumberland County Recorder's Office on May 8, \984, in Plan Book 45, Page 88, BEING the same premises which C.P.S.H., Inc., a Pennsylvania corporation, by its deed dated June 5, \991, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "D", Volume 35, Page 730, granted and conveyed unto John N. Mallias and Vasiliki Mallios. ~~?- Attorney for Plaintiffs 119', between Plaintiffs and Defendant. ,. The Agreement of Sale attached as Exhibit "A" has not been assigned by PlaintitTs nor Defendant. 6. No judgment has been entered under the instrument attached as Exhibit" A" in any jurisdiction. 7. Defendant has defaulted under the tenns of the Agreement of Sale attached llS Exhibit "A" in that he has not made monthly installment payments for at least the past six months, has not paid past due insurance premiums, and has not paid real estate taxes as the same became due and payable and has not paid other obligations arising out of Defendant's occupancy of the premises. 8. There is attached hereto as Exhibit "B" a description of the real property for which Confession of Ejectment is authorized under the instrument attached as Exhibit "An. 9. Judgment is being entered against a natural person in connection with the operation of Ii commercial restaurant on the premises above described, and not in connection with a residential lease. WHEREFORE. PlaintitTs demand that judgment be entered in favor ofPlaintitTs and against Defendant in ejectment for possession of said real property. LANDIS, BLACK & SCHORPP BY~~ Edward L. Schorpp. Esquire I' i' I l I i f I ~ ~ t i I I r Exhibit A ABUIlKlln OJ' SAL. 7,1 UTICLBS OJ' AORIIlMBIl'l', made this)t) __ day ot February, 1995, by JOKY .. KALLIOS and VASILIII KALLIOS, ot 224 Heisers Lane, Carlisle, Pennsylvania, hereinatter (whether singular or plural) called "SIILLS.", AND MOHAMBD MOHAMED ABDIlLKAMID t/d/b/a New Keystone Diner, with principal place of business at 1803 Harrisburg Pike, carliale, Pennsylvania, hereinafter (whether singular or plural) called "BUYER". WITNESSETH I That the parties hereto, for the consideration hereinafter described, intending to be legally bound hereby agree as follows: 1. Sale and Purchase. SELLER, for the consideration hereinafter mentioned, agrees to sell and convey unto the BUYER, his heirs and assigns, and BUYER agrees to purchase and accept, all that certain tract of land with the improvements thereon erected, more particularly described pursuant to Exhibit "A", attached hereto and incorporated herein by reference thereto. SELLER, for the consideration hereinafter mentioned, agrees to sell and convey unto the BUYER, his heirs and assigns, and BUYER agrees to purchase and accept, all those items of fixtures, furnishings, equipment and personal property (hereinafter referred to as personal property), identified on Exhibit "B", attached hereto and incorporated herein by reference thereto. alteration of the condition of the premises, or of the buildings thereon erected, without first securing the written consent and approval of the SELLER. 9. Title. upon compliance with the foregoing terms and conditions and upon payment of the said purchase price in full by the said BUYER, the said SELLER will, at his own proper cost and charge, make, execute and deliver to BUYER a good and sufficient Deed for the proper conveying and assuring of the said premises, in fee simpls, free from all encumbrances, dower and right of dower, subject only to easements and building and use r~strictions and conditions visible or of record, such conveyance to contain the usual covenants of special warranty and otherwise insurable by a licensed title insurance company at regular rates, without exception. Upon compliance with the foregoing terms and conditions and upon payment of the said purchase price in full by the said BUYER, the SELLER will, at his own proper cost and charge, make, execute and deliver to BUYER a good and sufficient bill of sale for all personal property being conveyed hereunder, free from all encumbrances or claims of creditors. Prior to the execution of this Agreement and settlement hereunder, BUYER has caused a title examination to be performed for the subject real estate, and has notified SELLER as to any objection(s) thereto. At the time of deed conveyance, BUYER hereby agrees to take title in the condition as it exists on the 5 date hereof, eubject only to such items, if any, as noted in a written objection provided to SELLER on the date hereof, and subject further to any such monetary liens created voluntarily or involuntarily by SELLER between the date hereof and the date of deed conveyance. 10. Tax proration and Transfer Taxes. Taxes for the current year shall be prorated between the parties hereto using the fiscal years of the taxing authorities as the basis, and January 1, 1995, as prorating date. When legal title is taken by BUYER, SELLER shall pay one-half (1/2) of the state and local transfer taxes then in effect up to a maximum of Five Thousand Two Hundred Fifty and 00/100 ($5,250.00) Dollars, and BUYER shall pay the remainder. If this property is conveyed to a third party I , t . , at the request of BUYER, then all transfer taxes on such conveyance shall be paid by such third party and the BUYER, as they may agree, and none shall be paid by SELLER. 11. Seller'. Right to Enoumber. SELLER reserves the right presently or hereafter to mortgage or otherwise encumber said premises provided the principal amount of said mortgage or encumbrance, when added to the existing principal balance of the PNC Bank Mortgage, if any, does not exceed the remaining principal balance due and owing under this Agreement. There presently exists an unpaid Mortgage relating to the subject real property, to wit: a Mortgage from JOHN N. HALLIOS and VASILIKI HALLIOS to CCNB Eank, N.A., dated June 6, 1991, recorded June 7, 6 political subdivisions. C. To make timely payments of all taxes and charges arising out of the operation and conduct of the business being purchased herein. D. To promptly pay all installment payments due and owing to the SELLER as partial consideration of this Agreement. E. To do nothing that will jeopardize the security of the SELLER with respect to the conduct of the business and the physical condition of the premises or personal property. 14. BUYER, at his expense, shall cause UCC financial statements to be filed in the Office of the Prothonotary of Cumberland County and the Department of State of the commonwealth of pennsylvania providing SELLER with a security, lnterest in all personal property being conveyed herein. 15. Bankruptoy or Insolvenoy of BUYER. In the event that BUYER shall be insolvent and unable to pay his debts as due, or in the event that BUYER shall file a Petition in Bankruptcy, or in the event that a Petition in Bankruptcy is filed against him by a creditor, such act shall constitute a default under this Agreement and SELLER shall have all of the rights granted to them by this Agreement to proceed or recover posseasion of the entire property and all rights and privileges granted hereunder. 16. Breach by Purohaser1 Remedies of SELLER. In the event BUYER shall fail to make said monthly payments as aforesaid for the space 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 8 other foregoing conditions be made by the BUYER and not cured within ten (lO) days of receipt of written notice from SELLER of said breach, SELLER, at his option, may: a. Declare a forfeiture of BUYER's rights hereunder and cancellation of this Agreement. On such election, all right, title and interest of BUYER hereunder shall cease and determine, and all payments theretofore made by BUYER shall be retained by SELLER as liquidated damages and as ren~al for the use and occupancy of the real estate and personal property, and in Buch event, the prothonotary or any attorney of any Court of Record of CUmberland County is hereby authorized to appear for and confess judgment in an amicable action of ejectment and replevin against the said BUYER, his heirs, assigns, executors, administrators, or lessees, and in favor of the SELLER, his heirs, assigns, administrators and executors, for the premises and personal property herein described, and to direct the immediate issuing of writ of possession with writ of Execution for costs, including an attorney's fee of five (5') percent of the unpaid balance of the purchase pric3, without notice and without asking leave of Court; b. In the event of declaration of a forfeiture under Paragraph 16a., confess judgment or bring an action for all monies due SELLER under this Agreement at the time of such default, or for any other relief available in law or equity, including suit to recover any payment or payments made by SELLER and repayable by BUYER hereunder, it being stipulated and agreed that Buch obligation to repay is a separate and independent covenant of BUYER hereunder. No action to recover any payment or payments so made by SELLER shall constitute a Waiver by SELLER of his right to proceed otherwise with respect to any subsequent default. BUYER hereby authorizes any Prothonotary or attorney to appear for and confess judgment against the BUYER and in favor of the SELLER for said amount, together 9 with costs, interest, insurance payments, etc., and with five (5\) percent added as an attorney's fee. c. In addition to the remedies set forth above, accelerate and confess judgment, or accelerate and bring an action for the balance of the purchase price remaining due, or tor any other relief available in law or equity, including suit t~ recover any payment or payments made by SELLER and repayable by BUYER hereunder, it being stipulated and agreed that such obligation to repay is a separate and independent covenant of BUYER hereunder. No action to recover any payment or paymftnts so made by SELLER shall constitute a waiver by SELLER of his right to proceed otherwise with respect to any subsequent default. BUYER hereby authorizes any Prothonotary of attorney to appenr for and confess judgment against the BUYER and in favor of the SELLER for the entire unpaid balance of the purchase price, together with costs, interest, insurance payments, etc., and with five (5\> percent added as an attorney's fee. 17. Mo ..iver. Acceptance by 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 in any wise 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 enforce any of the other proceedings herein contained, but all of the rights of the SELLER and all forfeitures, penalties, damages and conditions may be enforced, 10 together or successively, at the option of SELLER. 18. Aa.nda.nt. No amendment or modification of this Agreement shall be valid unless the same shall be in writing and signed by both parties. 19. .ntir. Agr....nt. This Agreement constitutes the entire agreement between the parties and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no warranties, representations, agreements, arrangements or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are not fully expressed herein. 20. Assignm.nt. The interest of the BUYER in this Agreement shall not be assignable, by sale, assignment, lease, subleasing or otherwise, in whole or in part, without the prior written consent and approval of SELLER, and if such assignment is attempted, all rights and remedies of the SELLER set forth herein, or which the SELLER might othel~ise 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 SELLER. 2l. Recording. This Agreement, or a memorandum thereof, may be filed of record in any public office, as appropriate. 22. Ti.. ot th. Essence. It is the agreement of the parties hereto that time shall be of the eSSAnce. 23. Binding Bff.ct. This Agreement is to extend to and be II COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND On this, the ~~ day of (~Lhu.LUYr' , 1995, before me, the undersigned officer, personally appea~d John N. Kallios and Vasiliki Mallios, 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. IN WITNESS WHEREOF, I hereunto set my hand and ofticial seal. ( SiAL) tary ~n M SUS.A:N K GU\[Ii. flOI~rv . liC . ~rlisle. Cumllerlana County My CommiSSion Expires Sell!. 4, 1995 COMMONWEALTH or PENNSYLVANIA ) . COUNTY or CUMBERLAND ) On this, the pt day of ()1l~.J1..tAlL'1r , 1995, before IDe, the undersigned officer, personally appea~!d Mohamed Mohamed Abdelhamid, 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. SS. IN WITNESS WHEREOF, I hereunto set my hand and official seal. <;:"(L ~, i C\ U.JXJt J ~~~b1id 0 'CT NOTARIAL SEAL SUSAN K CUYER. Nolary PubliC CarliSle, Cumllerlarld Coumy MyCommisstOllUpires~p/, 4,1995 (SEAL) EXHlBI'l' "A" ALL THAt CERTAIN b.ct or lIareel or land sllulte In Mlddluu TOIIII.hlp, CUlIbethlld Coullb, ~e"nl,hlll1a, bounded and delcrlbed .. rOllOIlI. to III tl 810lHNJHU It . poll.i 011 tho norlhwelt earlier or U.B. Rout. II sllIl Carol In" Urhe, a. ahowlI on lit. aubdhhloll "hll her,llIfttlllr .alllloned, lhence Ilon~ tho ...t.rll .Ide or Carol1'lIl l1r1n III I lJenClFlllr norlharh direction, Horlh tNeh. d.,r... .I...n .Inulu henl, second. leaat, I dlallnc' af lHO hundr.d auenl,- o . th. IlId III"at,-lltte. hUlldredlh. hel (N. 12 11' 20" E., 276.93') lo a I.olnll thellc. III' ,eller.ll, la8lerl, dlrecllulI Ippro.llalel, Soulh levenl,-ae,en d..r." tort,-lhbll1huln rort, 88com'l ElIlt, I dl.hnce oC lwo hUlltlrOl' lhhly-tout 11111 thht,-elght hunclredU,. hel (9. 110 ~8' 40" E., 234.39', lo a 1,01nll thene. 1/1 . '~l1eralJ, loulherh dlrectloll, South 88.en dell reel 1Il1rly- o tllO 1Ilnule, 111"0 "colldl Heel, a dhtallce of tHO hundred lIrt,-e h reel (9. 7 32' 00" N.. 268.0U'1 to. polnll thencI along lhe prevloully Ilaled U.9. Roule 11 III I <<llIlul1, "ulllrh dlrecHon Horlh ellhly-lNo degr... lllelll,.-el.lol .Ihuln rOUI" "colld, lleel, . dlslllllce of two hundred fHl,-.I. reet (~. 820 28' ~" H., 268,00') lo I POllll, lhe plnce or Leglnllln.. . COHfAlklHU Ipprolll8llleh o\xl,-Cin lhou811nd olle hUlldred rour and benl,- Un hU/II'redthl l'IUdte reel (G5"U~,25 'f/. ft.) or ono .nd rorl,-nllle acreo (1.49 A.), lore O~ loen. bllHU Lo~ 110' 2011 lhe .lll.royed nobtlhl.lol1 ph.. Co~ carlleie Ue..lopaent COl"poutlOll .1 t'ecordetl I.. the Cu.ber hntl COU"~, Recorder'. ocr leD on Ho, 0, 199~, In l' lall Book HI Pelte 88. BElli:; the same premises which C.P.S.H., Inc., a Pennsylvania corporation, by its deed dated June 5 , 1991, and recorded in the Office of the Recorder of Deeds in and for ClIllberland County in Deed Book "0 ", Volune 35 page 730 , granted and conveyed unto John N. Mallios and VasUJJd Mallios. , ... .--. r. {,! 111 JOHN N. MALLlOS and V ASILlKI MALLlOS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MOHAMED MOHAMED ABDELHAMID. individually, and IId/b/a NEW KEYSTONE DINER Defendant CIVIL ACTION LAW NO. 97. ~O~ CIVIL TERM ORDER OF PUBLICATION AND NOW, TO WIT: April 2. ~ ,1997, upon consideration oCthe foregoing motion. the Plaintiffs. John N. Mallios and Vasiliki Mallios, are granted leave to make service of the Notice required under Pa.R.C.P No. 2973.2 upon the Defendant, his heirs and assigns, by publication one time in the Cumberland Law Journal and the Sentinel. .... j' , u , r I L_ L (,/ u' .) JOHN N. MALLlOS and V ASILIKJ MALLlOS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW v. MOHAMED MOHAMED ABDELHAMID, individually, and tld/bIa NEW KEYSTONE DINER Defendant NO. 97.~~ CIVIL TERM MOTION t:2B OB.P~R QF PUBqCA TION AND NOW. TO WIT: April ;;;2 ,1997. an affidavit having been executed and filed by counsel for Plaintiffs. John N. Mallios and Vasiliki Mallios, that the identity and whereabouts of the Defendant, his heirs and assigns are unknown, the Plaintiffs, John N. Mallios and Vasiliki Mallios, by and through their sltorneys, Edward L. Schorpp, Esquire, Landis, Black & Schorpp, move the Court for leave to serve the Notice required under Pa.R.C.P. No. 2973.2 by publication in such manner as the Court shall direct, all as provided by Pa.R.C.P. Nos. 310 and 430 and Local Rule No. 1009.1. LANDIS. BLACK & SCHORPP B~~~~/ Edward L. Schorpp, Esquire Attorneys for Plaintiffs 36 South Hanover Street Carlisle. Pennsylvania 17013 (717) 243.3727 wuter said Agreement, Defendant absconded to his nati1le counlly of Egypt where it is believed he is presently residing; that Plaintiffs inquired of his local acquaintances who indicated they had no knowledge as to his address in Egypt; that, thereupon Plaintiffs' cOWlscl inquired of Defendant's counsel, George F. Douglas, III, Esquire, as to his present whereabouts; that said attorney also inquired of those persons who might have knowledge of Defendant's ....hereabouts and was Wlable to obtain any infonnation concerning his location in Egypt; that further inquiry or investigation to locate the Defendant andlor his heirs and assigns would involve extraordinary time and expense; and that due to the passage of time, further inqairy would be difficult, if not irnpt'ssible. By:~ p~~~- Edward L. Schorpp, Esquire Sworn and subscribed to before me this.?~ day of C1~ ,1997. ~ Notary Public NotArial Seal 9111." K GUJor. Notary PubHo (;.Hl(:\ltl Otto. C:..rr,berland County ',1, Gomr\t'''l~(' E.lp.r.. Sept. 4. 1999 '-1';lnUClf, ''thnl"tvlhIJ MOC on Q olar v. MOHAMED MOHAMED ABDELHAMID, individually, and t/dlb/a NEW KEYSTONE DINER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW NO. 97. (;XJ9S CIVIL TERM JOHN N. MALLlOS and V ASILlKI MALLlOS, Plaintiffs CQMPLAINT FOR CONFESSION OF JUDGMENT IN EJECTMENT 1. The Plaintiffs are John N. Mallios and Vasiliki Mallios, husband and wife, who reside at 224 Heisers Lane, Carlisle, Cwnberland County, Pennsylvania. 2. Defendant Mohamed Mohamed Abdelhamid is an adult individual whose last known address WllS 7073 Carlisle Pike, Carlisle, Cwnberland County, Pennsylvania, but his present whereabouts are unknown. Upon infonnation and belief, Plaintiffs aver that said Defendant, a citizen of Egypt, has returned to that country and his present whereabouts there are unknown to Plaintiffs. 3. Defendant fonnerly "perated a sole proprietorship known as New Keystone Diner at certain real estate known as and nwnbered 1803 Harrisburg Pike, Carlisle, Cwnberland County. Pennsylvania 17013. 4. There is attached hereto as Exhibit "An, and incorporated by reference, a certain Agreement of Sale dated February 10, 1995, and recorded in the Office of the Recorder of Deeds in and for Cwnberland County in Miscellaneous Book 490, Page i AGRBBXBW7 or SAL. 711 U'1'ICUS or AQUJUU:Il'1', made thisjt>__d.ay of February, 1995, by JOHH M. KALLIOa and VASILIII KALLIOS, of ~24 Heisers Lane, Carlisle, pennsylvania, hereinafter (whether singular or plural) called "SILLIR", AND KOHAKBD MOHAHED ABDELKAKID t/d/b/a New Keystone Diner, with principal place of business at 1803 Harrisburg Pike, Carlisle, Pennsylvania, hereinafter (whether singular or plural) called. "BUYER". WITNBSSBTH: That the parties hereto, for the consideration hereinafter described, intending to be legally bound hereby agree as follows: l. Sale and purcbase. SELLER, for the consideration hereinafter mentioned, agrees to sell and convey unto the BUYER, his heirs and assigns, and BUYER agrees to purchase and accept, all that certain tract of land with the improvements thereon erected, more particularly described pursuant to Exhibit "A", attdched hereto and incorporated herein by reference thereto. SELLER, for the consideration hereinafter mentioned, agrees to sell and convey unto the BUYER, his heirs and assigns, and BUYER agrees to purchase and accept, all those items of fixtures, furnishings, equipment and personal property (hereinafter referred to as personal property), identified on Exhibit "B", attached hereto and incorporated herein by reference thereto. 2. Purcha.. Prioe. In consideration whereof, the said BUYER agrees to pay to the said SELLER therefor, the sum of Six Hundr.d ritty Thouaan4 and no/IOO ($'50,000.00) Dollars, as tallows: A. Twenty Thousand and no/100 ($20,000.00) Dollars on or before the execution of this Agreement of Sale, the receipt whereof is hereby acknowledged by the SELLER; a~ 8. The sum of Fifty Thousand and nO/100 ($50,000.00) Dollars to be paid in monthly installments of Eight Hundred Thirty and 06/l00 ($830.06) Dollars, said monthly installments to be applied first to interest at the rate of ten percent (lO') per annum on the unpaid balance of principal, and the remaining portion of each such installment to reduction of principal, said monthly installments to be paid on or before the lOth day of each month, beginning March 10, 1995. A five percent (5') late charge shall be added to each payment received after thirty (30) calendar days from the due date. Said monthly payments aforesaid shall continue for seven years (7) until March lO, 2002, at which time the full unpaid principal, together with interest thereon, shall be paid in full; and C. The balance of Five Hundred Eighty Thousand and no/100 ($580,000.00) Dollars to be payable in monthly installments of Five Thousand Two Hundred Seventy and 46/100 ($5,270.46) Dollars, for a period of twelve months (l2), said monthly installments to be applied first to interest at the rate of ten percent (lO\) per annum on the unpaid balance of principal, and the remaining portion of each such installment to reduction of principal, said monthly installments to be paid on or before the loth day of each month, beginning January 10, 1995. Commencing with the thirteenth (13th) payment and continuing thereafter, the monthly payments shall be adjusted monthly to an interest rate equivalent to the PNC Bank prime rate plus one percent (1') (as established for SELLER's note no. 00711456102- 001366). Said monthly payments as adjusted shall continue for twenty-five (25) years from the date hereof, at which time the full unpaid principal, together with interest thereon shall be paid in full. Tha monthly payment shall be adjusted in amount to 2 reflect the new interest rate, however, the amortization period shall remain constant so that the tull principal balance together with accrued interest shall be paid in full on or before January 10, 2020. A tive percent (5') late ch~rge shall be add~d to each payment received after thirty (30) calendar days from the due date. 3. Allocation of Price. The full purchase price ot six Hundred Fifty Thousand and no/100 ($650,000.00) Dollars shall be allocated as follows: ASSET PRICE Real Estate : Building Land $450,000.00 $ 75,000.00 Equipment, furnishings and personal property: Inventory: $121,500.00 $ 3,500.00 $ 0.00 Good will: 4. prepayment. BUYER shall have the privilege of paying as much more than the required monthly installment of principal and interest as he desires, and nothing contained in this Agreement shall be construed to limit him to said amount. In the event of a prepayment by the BUYER, SELLER agrees to apply the entire amount of prepayment to the outstanding balance due and owing on the PNC Bank, N.A., Mortgage. 5. Taxes, Insurance, Assessments, Repairs and Charges. In addition to the said monthly installments on account of purchase price and interest thereon, said BUYER agrees to pay the taxes and municipal assessments, utility charges (if any), make all 3 necessary repairs to the premises, and keep in force not less than Four Hundred Fifty Thousand and OO/lOO ($450,000.00) Dollars of fire insurance with extended coverage, with loss payable to the parties hereto as their interests may appear. In addition, BUYER shall acquire and keep in full force and effect during the term of this Agreement liability insurance in an amount of at least One Million and nO/100 ($1,000,000.00) Dollars for accident, injury or death to anyone person or to property, and One Million and nO/100 ($1,000,000.00) Dollars for accident, injury or death to persons or property arising out of anyone occurrence, with SELLER being named as additional insured. A copy of said policy shall be proved to SELLER. 6. Place of payment. All payments shall be made to SELLER at such address as said SELLER shall supply to said BUYER. 7. possession. It is also agreed between the parties hereto that possession of said premises and the personal property shall be delivered to said BUYER on the 1st day of January, 1995, and that said BUYER shall be entitled to receive rents, issues and profits therefrom from said date of delivery of possession, subject to the conditions set forth herein. BUYER has inspected the real estate and personal property, including the improvements thereon, immediately prior to signing this Agreement, and accepts said property in its present "as is" condition. 8. Alterations. BUYER agrees not to make any substantial 4 alteration ot the condition of the premises, or of the buildings thereon erected, without first securing the written consent and approval of the SELLER. 9. Title. Upon compliance with the foregoing terms and conditions and upon payment of the said purchase price in full by the said BUYER, the said SELLER will, at his own proper cost and charge, make, execute and deliver to BUYER a good and sufficient Deed for the proper conveying and assuring of the said premises, in fee simple, free from all encumbrances, dower and right of dower, subject only to easements and building and use restrictions and conditions visible or of record, such conveyance to contain the usual covenants of special warranty and otherwise insurable by a licensed title insurance company at regular rates, without exception. Upon compliance with the foregoing terms and conditions and upon payment of the said purchase price in full by the said BUYER, the SELLER will, at his own proper cost and charge, make, execute and deliver to BUYER a good and sufficient bill of sale for all personal property being conveyed hereunder, free from all encumbrances or claims of creditors. Prior to the execution of this Agreement and settlement hereunder, BUYER has caused a title examination to be performed for the subject real estate, and has notified SELLER as to any objection(s) thereto. At the time of deed conveyance, BUYER hereby agrees to take title in the condition as it exists on the 5 date hereof, subject only to such items, if any, as noted in a written objection provided to SELLER on the date hereof, and subject further to any such monetary liens created voluntarily or involuntarily by SELLER between the date hereof and the date of deed conveyance. 10. Tax proration and Transfer Taxes. Taxes for the current year shall be prorated between the parties hereto using the fiscal years of the taxing authorities as the basis, and January 1, 1995, as prorating date. When legal title is taken by BUYER, SELLER shall pay one-half (l/2) of the state and local transfer taxes then in effect up to a maximum of Five Thousand Two Hundred Fifty and 00/100 ($5,250.00) Dollars, and BUYER shall pay the remainder. If this property is conveyed to a third party at the request of BUYER, then all transfer taxes on such conveyance shall be paid by such third party and the BUYER, as they may agree, and none shall be paid by SELLER. 11. Seller's Right to Encumber. SF.LLER reserves the right presently or hereafter to mortgage or otherwise encumber said premises provided the principal amount of said mortgage or encumbrance, when added to the existing principal balance of the PNC Bank Mortgage, if any, does not exceed the remaining principal balance due and owing under this Agreement. There presently exists an unpaid Mortgage relating to the subject real property, to wit: a Mortgage from JOHN N. MALLIOS and VASILIKI MALLIOS to CCNB Bank, N.A., dated June 6, 1991, recorded June 7, 6 1991, in the Office of the Recorder of Deeds in and for Cumberland county in Mortgage Book 1016, Page 306, in an original principal amount of Three Hundred Thousand and no/100 ($300,000.00) Dollars, which Mortgage is subject to call on or after June 10, 1996. SELLER agrees to make prompt and punctual payments thereon as the same become due and owing. 12. Furnishings, Equipment and Personal property not to be Removed. During the term of this Agreement no personal property shall be transferred or moved from the premises. It is the intention of the parties that the real estate and all personal property be retained at the premises until payment of the full purchase price is made. Nothing herein shall be construed to prohibit the consumption or use of inventory and other consumables, however, BUYER agrees to maintain an adequate inventory and quantity of other consumables at all times. Further, nothing herein shall prevent BUYER, upon notice to SELLER, from replacing any equipment, furnishings or other personal property so long as the same is replaced with an item(s) of like kind and value. 13. Covenants of BUYER. BUYER promises, covenants and agrees as follows: A. To maintain the premises and personal property in as good a condition as they existed at the time of settlement and to make all necessary repairs thereto. B. To conduct all business operations in conformity with all of the laws and regulations of the Commonwealth of Pennsylvania and its administrative agencies and 7 . t o. political subdivisions. To make timely payments of all taxes and charge. arising out of the operation and conduct of the business being purchased herein. To promptly pay all installment payment. due and owing to the SELLER as partial consideration of this Agreement. . t ~ l C. E. To do nothing that will jeopardize the security of the SELLER with respect to the conduct of the business and the physical condition of the premises or personal property. l4. BUYER, at his expense, shall cause UCC financial statements to be filed in the Office of the Prothonotary of Cumberland County and the oepartment of State of the Commonwealth of Pennsylvania providing SELLER with a security interest in all personal property being conveyed herein. 15. Bankruptcy or Insolvency of BUYER. In the event that BUYER shall be insolvent and unable to pay his debts as due, or in the event that BUYER shall file a Petition in Bankruptcy, or in the event that a Petition in Bankruptcy is filed against him by a creditor, such act shall constitute a default under this Agreement and SELLER shall have all of the rights granted to them by this Agreement to proceed or recover possession of the entire property and all rights and privileges granted hereunder. 16. Breach by Purchaser; Remedies ot SE~LER. In the event BUYER shall fail to make said monthly payments as aforesaid for the space of thirty (30) days after the same shall have become due and payable by the terms hereof, or if a breach ot any ot the 8 other foregoing conditions be made by the BUYER and not cured within ten (10) days of receipt of written notice from SELLER of said breach, SELLER, at his option, may: a. Declars a forfeiture of BUYER's rights hereunder and cancellation of this Agreement. On such election, all right, title and interest of BUYER hereunder shall cease and determine, and all payments theretofore made by BUYER shall be retained by SELLER as liquidated damages and as rental for the use and occupancy of the real estate and personal property, and in such event, the prothonotary or any attorney of any Court of Record of Cumberland County is hereby authorized to appear for and confess judgment in an amicable action of ejectment and replevin against the said BUYER, his heirs, assigns, executors, administrators, or lessees, and in favor of the SELLER, his heirs, assigns, administrators and executors, for the premises and personal property herein described, and to direct the immediate issuing of Writ of Possession with Writ of Execution for costs, inclUding an attorney's fee of five (5\) percent of the unpaid balance of the purchase price, without notice and without asking leave of Court; b. In the event of declaration of a forfeiture under Paragraph l6a., confess judgment or bring an action for all monies due SELLER under this Agreement at the time of such default, or for any other relief available in law or equity, including suit to recover any payment or payments made by SELLER and repayable by BUYER hereunder, it being stipulated and agreed that such obligation to repay is a separate and independent covenant of BUYER hereunder. No action to recover any payment or payments so made by SELLER shall constitute a Waiver by SELLER of his right to proceed otherwise with respect to any subsequent default. BUYER hereby authorizes any Prothonotary or attorney to appear for and confess judgment against the BUYER and in favor of the SELLER for said amount, together 9 with costs, interest, insurance payments, etc., and with five (5') percent added as an attorney's fee. c. In addition to the remedies set forth above, accelerate and confess judgment, or accelerate and bring an action for the balance of the purchase price remaining due, or for any other relief available in law or equity, including suit to recover any payment or payments made by SELLER and repayable by BUYER hereunder, it being stipulated and agreed that such obligation to repay is a separate and independent covenant of BUYER hereunder. No action to recover any payment or payments so made by SELLER shall constitute a waiver by SELLER of his right to proceed otherwise with respect to any subsequent default. BUYER hereby authorizes any Prothonotary of attorney to appear for and confess judgment against the BUYER nnd in favor of the SELLER for the entire unpaid balance of the purchase price, together with costs, interest, insurance payments, etc., and with five (5\) percent added as an attorney's fee. 17. No Waiver. Acceptance by 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 in any wise 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 enforce any of the other proceedings herein contained, but all of the rights of the SELLER and all forfeitures, penalties, damages and conditions may be enforced, 10 together or successively, at the option of SELLER. 18. Amendment. No amendment or moditic~tion ot this Agreement shall be valid unless the same shall be in writing and signed by both parties. 19. Entire Agr....nt. This Agreement constitutes the entire agreement between the parties and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no warranties, representations, agreements, arrangements or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are not fully expressed herein. 20. Assignm.nt. The interest ot the BUYER in this Agreement shall not be assignable, by sale, assignment, lease, sUbleasing or otherwise, in whole or in part, without the prior written consent and approval of SELLER, and if such assignment is attempted, all rights and remedies of the SELLER set forth herein, or which the SELLER might 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 SELLER. 2l. Recording. This Agreement, or a memorandum thereot, may be filed of record in any public office, as appropriate. 22. Ti.e of the Essence. It is the agreement of the parties hereto that time shall be of the essence. 23. Binding Eft.ct. This Agreement is to extend to and be 11 COMMONWEALTH OF PENNSYLVANIA ) ; 58. COUNTY OF CUMBERLAND ) On this, the I~ day of d1L.bu.lU-yr , 1995, before lie, the undersigned officer, personally appeaJ~d John N. Mallio. and vasiliki Mallios, known to me (or satiSfactorily proven) ~o be the pereons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. .......... N tary ~l'l ,\l SUSIIN K CUYlH, tlOlJry J I;C Carlisle, CumoorlanO COU(~y My CommlsslOIl Expires Sept., 1995 (SIAL) COMMONWEALTH or PENNSYLVANIA ) : ss. COUNTY OF CUMBERLAND ) On this, the P1" day of a, tL~.v...lL'1r , 1995, be forB lie, the undersigned officer, personally appeai&d Mohamed Mohamed Abdelhamid, 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. <:,,0. .-......... ~ C\IUXrl J kR~blid (f 0- NOTARIAL SEAL SUSAN II. GUYffi, NoldlY PubliC !:MilS/e. Cumberlano Couf1ly My Commission EAoires Sept.., 1995 (SEAL) Exhibit B 256.00') to a point, the place of Beginning. CONTAINING approximately sixty-five thousand one hundred four and twenty-five hundredths square feet (65,104.25 sq. ft.) or one and forty- nine acres (1.49 A.), more or less. BEING Lot No.2 on the approved subdivision plan for Carlisle Development Corporation as recorded in the Cumbcrland County Recorder's Office on May 8, 1984, in Plan Book 45, Page 88. BEING the samc prcmises which C.P.S.H., Inc., a Pennsylvania corporation, by its deed datcd June 5, 1991, and recorded in the Office of the Recorder of Dceds in and for Cumberland County in Decd Dook "0", Volume 35, Page 730, granted and conveyed unto John N. Mallios and Vasiliki Mallios. ~~ Attorney for Plainl1ffs JOHN N. MALLlOS and V ASILlKI MALLIOS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION LAW v. MOHAMED MOHAMED ABDELHAMID. individually. and tld/b/a NEW KEYSTONE DINER Defendant NO. 97- CIVIL TERM NOTICE UNDER RULE 2Y7l.1 OF JUDGMENT AND EXECUTION NOTICE m' DEFENDANT'S RIGHTS To: Mohamed Mohamed Abdelhamid. his heirs and assigns A judgment for possession of real property has been entered against you and in favor of the Plaintiffs 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 remo'(e 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 nm JUDGMENT MUST BE FILED WITIIIN THIRTY (30) DAYS AFffiR n IE DA IE ON WHICH TillS NanCE IS SERVED ON You OR You MAy loSE YOUR RIGIITS. You SIIOULD Ti\KE TillS PAPER TO YOUR LAWYER ArONeE. IF You Do NurHAVE A LAWYER OR CANNOT AFFORD ONE, Go To OR TELEI'IIONE n IE OFFICIi SET FORll I BELOW TO FIND OlIT WHERE You CAN GET LEGAL HELP. Cumberland County Court Administrator One Courthouse Square Carlisle. Pennsylvania 170 \3 Telephone: (717) 240-6200 ~<~/?-- Edward L, Scho p, Esquire Allomey for Plaintiffs 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-3727 SUite of Pennsylvania, County 0' Cumberland. Sherry Clifford, Classified Advertising Manager 01 THE SENTINEL, ollhe County end Slat. elor..ald, being duly Iworn, depo"l and ..ye lhat THE SENTINEL, I newlpaper 01 g_ra1 circulation In lhe Borough 01 Carlisle, COUnty and Sllle Ilorlllld, wal '''lbUshed Dec.mber 131h, 1881, since which dale THE SENTINEL hal been r.gularly ISlued In Isld County, and thltlhe printed notice or publlca1lon attached her.to II exactly th. lime al wel printed and publllhed In the rlullr editions and Iuu8I of THE SENTINEL on the lollowlng dat.., vlz Copy 0' Notice of Publication April 29, 1997 Affiant further deposes that he Is not Interested In the subject matter of the aforesaid notice or advertisement, and that all allegations In the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 8th day of May . 19 97 -l)J~ ;/ /J1 aLe: ,. - 7 ~otary Public My commission expires: _ Seal =k.,,~PI.ttc My Coonli<;oon Exi:*as..we ~7 ,p- .- PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LA W JOURNAL (Under Act No. 587, approved May 16.1929). P. L.1784 STATE OF PENNSYLVANIA : 85. COUNTY OF CUMBERLAND : Roaer M. Morllenthal, EsquIre. Editor of the Cumberland Law Journal. of the County and State aforesaid, being duly swom, according to law, deposes and says that the Cumberland Law Journal,alegal periodical published in the Borough of Carlisle in the County and State aforesaid. was established January 2, 1952. and designated by the local courts as the official legal periodical for the publication of all legal notices, and has. since January 2. 1952. been regularly Issued weekly in the said County. and that the printed notice or publication attl!.Ched hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates. viz: MAY2.1997 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not Interested in the subject matter of the aforesaid notice or advertisement, and that all allegations In the foregoing statements as to time. place and character of publication are true. L SWORN TO AND SUBSCRIBED before me this ---2...dayof MAY. 1997 J. c 1-' L-<' ~A' J /t. . ~/ /i;;d./A ./ NOTARIAL seAL LOIS e. SNYDER, Notary PIIblic CarlltM 10.... Cumb.riand County, PA M, Comtnillion bprea March 5. 2001 ..... ~ 0- - "" C"l \)-' to N C"t ~ iI:. "'" ~ . ~J t ~ ~ , .. . ~ ,.-, ~ , ; !, \ , (3)... ..;) ~i ~ I;) , .t,; ~ ~ ;~ -- ~ \ ""- .~ JOHN N. MALLlOS and V ASILlKI MALLlOS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION LAW v. MOHAMED MOHAMED ABDELHAMlD, individually, and tJd/bIa NEW KEYSTONE DINER Defendant NO. 97.2095 CIVIL TERM WRIT OF POSSESSION COMMONWEALTH OF PENNSYL V ANlA ) SS COUNTY OF CUMBERLAND ) TO THE SHERIFF OF CUMBERLAND COUNTY: (I) To satisfy the Judgment for Possession in the above matter you are directed to deliver Possession of the following described property to John N. Mallios and Vasiliki Mallios, Plaintiffs. The property is described pursuant to Exhibit "A" allached hereto. . (2) To satisfy the costs against Defendants you are directed to levy upon any property of Defendants and sell their interests therein. ~. 15:00f ~ . I't. ["0 "', "'''I ' toP tt.u.. (,j. ~W'".l~ t. )V~~ Prothonotary SEAL OF THE COURT 1lt;Eb~a- )~,~ DATE: 'Is-In TRUE COpy FROM RECORD I n TestImony whereof, I here unto let "" hand and U18 Slit 01 said n at Caf1lsle. PI, 0fJ- da 0.' 19.<(7 .It BEGINNING at a point on the northwest comer of U.S. Route II and Carolina Drive, as shown on the subdivision plan hereinafter mentioned; thence along the eastern side of Carolina Drive in a generally northerly direction, North twelve degrees eleven minutes twenty seconds East, a distance of two hundred seventy-five and ninety-three hundredths feet (N. 120 II' 20" E., 27S.93') to a point; thence in a generally easterly direction approximately South seventy-seven degrees forty-eight minutes forty seconds East, a distance of two hundred thirty-four and thirty-eight hundredths feet (S. 77048' 40' E., 234.38') to a point; thence in a generally southerly direction. South seven degrees thirty-two minutes zero seconds West, a distance of two hundred fifty-six feet (S. 7032' 00' W., 2S6.00') to a point; thence along the previously stated U.S. Route II in a generally westerly direction North eighty-two degrees twenty-eight minutes four seconds West, a distance of two hundred fifty-six feet (N. 82028' 4" W., 256.00') to a poinr, the place of Beginning. CONTAINING approximately sixty-five thousand one hundred four and twenly- five hundredths square feet (6S, 104.25 sq. ft.) or one and forty-nine acres (1.49 A.), more or less. BEING Lot No.2 on the approved subdivision plan for Carlisle Development Corporation as recorded in the Cumberland County Recorder's Office on May 8, 1984, in Plan Book 45, Page 88. BEING the same premises which C.P.S.H., Inc., a Pennsylvania corporation, by its deed dated June 5, 1991, and recorded in the Office of the Recorder of Deeds in alid for Cumberland County in Deed Book "0", Volume 35, Page 730, granted and conveyed . ' unto John N. Mallios and Vasiliki Mallios. The above described premises is improved with a restaurant known as and numbered 1803 Harrisburg Pike. Exhibit A