HomeMy WebLinkAbout98-01096
amendment and extension is incorporated herein, attached hereto and made a part
hereof as Exhibit "B", secured upon the premises more particularly described therein,
5. On April 1, 1997, defendant also executed and delivered to plaintiffs a
promissory note and disclosure statement wharein she again obligated herself to
plaintiffs for the amounts referred to in the above agreements, authorized the entry
against her of a judgment by confession for the balance due on the note, plus costs of
suit and reasonable attorney fees, with full release for errors and waiving any stay of
execution, any and all relief from any and all appraisement, stay or exemption laws
whether then in force or to be passed thereafter, A copy of the promissory note and
disclosure statement are incorporated herein, attached hereto and made a part hereof
as Exhibit "C".
6. Defendant is not a natural person in connection with a consumer credit
transaction, nor is this transaction a residential lease as defined in Rules Nos. 2950
and 2970 of the Pennsylvania Rules of Civil Procedure.
7. Default has been made in the terms and conditions of the agreement and
the amendment and extension thereto, in that defendant has failed to pay her monthly
interest payment due, failed to verify the payment of all real estate taxes due upon the
premises, failed to secure proper insurance and otherwise violated the terms of the
agreement, and the aforesaid failures have been for a period in excess of fifteen days.
8, Defendant has waived the right to notice, and hearing prior to entry of a
judgment in this matter in that said agreement and the amendment and extension
thereto authorize confession of judgment in an action of ejectment against defendant
for the property described therein, and for the immediate issuance of a Writ of
Possession and Writ of Execution, without notice, without asking leave of Court, without
the necessity of filing a formal complaint and without a hearing, provided only that
amount of any unpaid utilities as may exist as of the time possession of the property Is
obtained by the plaintiffs, and costs of this action. In addition, plaintiff demands
Judgment In ejectment for possession of the real estate which Is the subject of this
matter.
February 26,1998
HAROLD S. IRW N, III
Attorney for plain s
35 East High Street
Carlisle, PA 17013
(717) 243.6090
Supreme Court ID No. 29920
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VERIFICA TION
I hereby verify that I am the plaintill'in this action and that the facts in stated in the above
complaint arc true and correct. I understand that/hlse statements herein are made subject to the
penalties ofPa.C.S, Section 4904, relating to unSWorn falsilication to authorities,
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EXHIBIT "A"
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D. The balance of the purchase price, being Thirty-si" Thousand and no/IOO
($36,000,00) Dollars. shall be paid as follows: Purchaser shall pay installment payments
of Three Hundred and no/IOO ($300,00) Dollars per month, commencing on February
'Z"-. 1996. Said monthly payments shall be applied to interest on the unpaid balance of
the purchase price at a rate ofTen and no/I 00 percent (10.00%) per annum, In the event
that any monthly payment is not received by the Sellers on or before the fifth (5th) day
after the same becomes due, the Purchaser shall pay a late charge of five percent (5.00%)
of the payment due, Said monthly payments shall continue until January ~ 1997, at
which time the Sellers agree to convey in fee simple, by special warranty deed, free and
clear of all encumbrances, except easements, building and use restrictions, visible or of
record, and the Purchaser agrees to pay the balance of the purchase price in cash. If, after
good faith effort, Purchaser is unable to obtain financing prior to January "Zh, 1996, at
prevailing area rate and terms, Sellers agree to extend the time for final payment of the
balance of the purchase price to January Ck, 1998. Purchaser must give written notice to
Sellers on or before October ~ 1996, if she has been unable to obtain such financing
and requests the extension. If such an extension becomes necessary, Purchaser agrees to
continue making monthly payments of interest in the amount of Three Hundred and
no/IOO ($300.00) each month until the balance of the purchase price is paid in full.
C, Purchaser may pay the entire balance and accumulated interest at any time
without incurring any penalty.
3. Purchaser agrees to keep the Property in a good state of repair. Purchaser agrees
not to make any substantial alterations in the condition of the Property without first securing
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written consent of Sellers, However, in the event that Purchaser becomes in default as set forth in
this agreement, any and all improvements which Purchaser has made to the Property will be and
become the property of Sellers as of the date of default and will remain with the Property.
4, The Purchaser agrees at its expense, to keep the building on the Property insured
against fire, with extended coverage, with a company authorized to do business within the
Commonwealth of Pennsylvania and acceptable to Sellers, for a sufficient sum to cover the unpaid
purchase price, said insurance to be carried in the name of Seller, loss payable first to Seller and
the remainder to the Purchaser, as their interest may appear.
5. Purchaser shall be entitled to possession of the Property immediately upon
execution hereof.
6. Purchaser hereby assumes all risk and responsibility for any accidents, injury or
damage to persons or property and to itself and any others on the Property, The Purchaser shall
defend, indemnity and hold harmless the Seller from and against all actual or potential claims,
demands, liabilities, damages, losses and out-of-pocket expenses including reasonable attorneys'
fees whether or not reduced to judgment, order or award, on account of any and all injury or
damage to persons or property associated with the Property. Purchaser also agrees to obtain a
commercial liability insurance policy with coverage limits of at least $500,000.00 covering
Purchaser's business activities on the premises.
7, All real estate taxes with regard to the current year will be prorated as of the date
of the execution of this Agreement. Thereafter, Purchaser will be responsible for the payment of
all subsequent real estate taxes and to provide proof of payment thereof upon request of Sellers.
All real estate transfer taxes upon final settlement and conveyance of the deed as provided herein
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shall bc paid cqually by thc partics hcrcto. If, howcvcr, Purchascr at any timc shall rcqucst Scllcrs
to convcy thc Propcrty to a third party, Scllcrs shall bc rclicvcd of paying any transfcr tax
associatcd thcrcwith and the same shall be the sole responsibility of the Purchascr and the third
party. In addition to the above, all the utilities shall bc prorated as of the date of this Agreemcnt,
Thereafter, Purchascr will be responsible for payment of all utili tics and any other selVices
performed which arc associated with the Property.
8, Purchaser understands and agrees that the property is being purchased "as is" and
Sellers is making no representations or warranties with regard to the condition of the
improvements located on the property.
9. Upon default by the Purchaser in tendering any of the monthly payments due
hereunder or in performance of any other obligations under this Agreement, for a period
exceeding thirty (30) days, Sellers may declare this Agreement to be terminated, retaining all
payments made to that time as liquidated damages and in such event, the Prothonotary or any
attorney of any court of record of Cumberland County is hereby authorized to appear for and to
confess jUdgment in an applicable action of ejectment against said Purchaser, its successors and
assigns and in favor of the said Sellers, their heirs and assigns for the Property described on
Exhibit "A" attached hereto and to direct the immediate issuing ofa Writ of Possession with Writ
of Execution tor costs, including attorneys' fee of no less than five percent (5%) of the unpaid
balance of the purchase price, without notice and without asking leave of Court, or at the option
of Sellers, said Prothonotary or attorney is hereby authorized to confess judgment against the
Purchaser and in favor the Sellers for the entire unpaid balance of the purchase price, together
with costs, interest, insurance payments, etc" and with at least five percent (5%) added thereon as
an attorney fce.
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10. The interest of the Purchaser conveyed by this Agreement shall not be assignable
by sale, assignment, lease, pledge, subleasing or otherwise, in whole or in part, without the prior
written consent of the Sellers, In the event such assignment, pledge, etc., is accepted, the rights
stipulated in Paragraph Nine shall accrue to the Sellers.
II. Failure by Sellers to insist on strict performance by Purchaser of any of the terms
of this Agreement shall not be construed as a waiver. release or relinquishment thereof. This
Agreement shall inure to and be binding upon the successors and assigns of the parties hereto.
12. The provisions of this Agreement shall be construed and enforced in accordance
with the laws of the Commonwealth of Pennsylvania. This Agreement represents the entire
agreement and understanding between the Parties hereto and there are no other terms, obligations,
covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever
concerning this sale. The provisions of this Agreement supersede any and all prior writings
between the parties hereto. Any modificatioll, changes or additions to this Agreement must be
made in writing and executed by the parties hereto. Wherein used in this Agreement, unless the
context otherwise clearly requires; the plural shall include the singular and vice versa; the use of
any Particular gender shall include any other applicable genders; and the words "hereof", "herein"
and similar compounds 'of the word "here" shall mean and refer to this entire Agreement and not
to any particular provision or paragraph hereof unless so stated.
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1J, Time is hereby declared to be of the essence with regard to this Agreement.
14. All payments, notices and other communications given or delivered under this
Agreement shall be in writing and be deemed to have been given when personally delivered,
mailed by first-class mail, return receipt requested, or delivered by express courier service, All
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COMMONWEALTH OF PENNSYLVANIA
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COUNTY OF CUMBERLAND
On this, the "'liP r day of January, 1996, before me, the undersigned officer, personally
appeared VINCENZO MAZZAMUTO and GERARDA MAZZAMUTO, his wife, known to me
(or satisfactorily proven) to be the persons named in the foregoing Installment Sales Agreement,
and acknowledged that they executed the same for the purposes therein contained,
(SEAL)
IN WITNESS WHEREOF, I hereunto se my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
d S, Irwin 111, NotarY. PubIIo
arlll'l 1010, Cumtlerlan<l CountY
,!oJ commission expires Sep'. 14. 1998
~1iffibor, PwnvNwWil'.illllln =~ClfNi*rill_
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COUNTY OF CUMBERLAND
On this, the 2.(, 'fl~ day of January, 1996, before me, the undersigned officer, personally
appeared VICTORIA E, BARNES, known to me (or satisfactorily proven) to be the persons who
are named in the foregoing Installment Sales Agreement, and acknowledged that she executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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NOTARIAL SEAl
GEORGE F. DOUGLAS, m NOTARY PUBLIC
CARLISLE BORO.. CUMBERLAND COUNTY
~I" COMMISSION EXPIRES JUNE 26. 1999
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EXHIBIT "B"
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THIS AGREEMENT, made as of this ('JS day o~ 1997, by and between
VINCENZO MAZZAMUTO and GERARDA MAZZAMUTO, hi, wife, of SOl Limestone
Road, Carlisle, Cumberland County, Pennsylvania 17013 (hereinafter referred to as "SELLER"),
and VICTORIA E. BARNES, of 424 North West Street, Carlisle, Pennsylvania 17013
(hereinafter referred to as "PURCHASER").
NOW THIS AGREEMENT WITNESSETH THAT:
WHEREAS the parties entered into an installment sales contract on January ~ 1996,
whereby Seller agreed to sell, grant and convey unto the Purchaser, and Purchaser agreed to
purchase and accept the conveyance of the property with the improvements thereon located at 51
North Pitt Street, Carlisle, Cumberland County, Pennsylvania ("Property"), as more particularly
described on Exhibit "A", attached hereto and incorporated herein by reference pursuant to the
terms and conditions as set forth herein; and
WHEREAS Pl!rchaser has paid the sum of $25,000.00 toward the purchase price of
$61,000.00, leaving a principal balance of$36,OOO.00; and
WHEREAS the prior agreement provided that the Purchaser agreed to pay the balance of
the purchase price in cash on or before January1"" 1997, but that if, after good faith effort,
Purchaser was unable to obtain financing prior to January2~. 1997, at prevailing area rate and
terms, Sellers agreed to extend the time for final payment of the balance of the purchase price for
an additional one year; and
WHEREAS Purchaser has requested said extension.
THEREFOR, IN CONSIDERATION OF THE MUTUAL COVENANTS AND
PROMISES HEREINAFTER SET FORTH. AND INTENDING TO BE LEGALLY
BOUND, THE PARTIES HERETO MUTUALLY AGREE AS FOLLOWS:
1. The balance of the purchase price, being Thirty-six Thousand and no/IOO
($36,000.00) Dollars, sha1l be paid as follows: Purchaser shall execute a Promissory Note for the
sum of $36,000,00, providing for the eritry of said note as a judgment upon Purchaser upon any
default of this agreement. The tenns of said note shall provide, inter alia, that Purchaser shall pay
installment payments of Three Hundred and no/l00 ($300.00) Do1lars per month, commencing on
April 1, 1997, said monthly payments being applied first to interest on the unpaid balance of the
purchase price at a rate of Ten and no/IOO percent (10,00%) per annum, and then to the
remaining principal balance. In the event that any monthly payment is not received by the Sellers
on or before the fifth (5th) day after the same becomes due, the Purchaser shall pay a late charge
of 5,00% of the payment due ($15,00), Said monthly payments shall continue until March I,
1998, at which time the Seller agrees to convey in fee simple, by special warranty deed, free and
clear of all encumbrances, except easements, building and use restrictions, visible or of record,
and Purchaser shall pay, the remaining principal balance and any accumulated interest thereon. No
further extensions shall be given by the Seller to the Purchaser. However, Purchaser may pay the
entire balance and accumulated interest at any time prior to March I, 1998, without incurring any
penalty.
2. Purchaser agrees to keep the Property in a good state of repair. Purchaser agrees
not to make any substantial alterations in the condition of the Property without first securing
written consent of Seller. However, in the event that Purchaser becomes in default as set forth in
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this agreement, any and all improvements which Purchaser has made to the Property wilI be and
become the property of SelIer as of the date of default and wilI remain with the Property.
3. The Purchaser agrees at its expense, to keep the building on the Property insured
against fire, with extended coverage, with a company authorized to do business within the
Commonwealth of Pennsylvania and acceptable to Sellers, for a sufficient sum to cover the unpaid
purchase price, said insurance to be carried in the name of Seller, loss payable first to Seller and
the remainder to the Purchaser, as their interest may appear. Proof of such insurance shall be
provided to Seller upon request.
4. Purchaser shall be entitled to continue in possession of the Property immediately
upon execution hereof.
S. Purchaser hereby assumes all risk and responsibility for any accidents, injury or
damage to persons or property and to itself and any others on the Property. The Purchaser shall
defend, indemnify and hold harmless the SelIer from and against all actual or potential claims,
demands, liabilities, damages, losses and out-of-pocket expenses including reasonable attorneys'
fees whether or not reduced to judgment, order or award, on account of any and all injury or
damage to persons or property associated with the Property, Purchaser also agrees to obtain a
commercial liability insurance policy with coverage limits of at least $500,000.00 covering
Purchaser's business activities on the premises, Proof of such insurance shall be provided to
Seller upon request.
6, Purchaser wilI continue to be responsible for the payment of all real estate taxes
and to provide proof of payment thereof upon request of SelIer. All real estate transfer taxes
upon final settlement and conveyance of the deed as provided herein shall be paid equally by the
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pal1ies hereto. If, however, Purchaser at any time shall request Seller to convey the Property to a
third party, Seller shall be relieved of paying any transfer tax associated therewith and the same
shall be the sole responsibility of the Purchaser and the third party. In addition to the above,
Purchaser will continue to be responsible for payment of all utilities and any other services
performed which are associated with the Propel1y.
7. Purchaser understands and agrees that the property is being purchased "as is" and
Sellers is making no representations or warranties with regard to the condition of the
improvements located on the property.
8. Upon default by the Purchaser in tendering any of the monthly payments due
hereunder or in performance of any other obligations under this Agreement, for a period of fifteen
(IS) days, Seller may declare this Agreement to be terminated, retaining all payments made to that
time as liquidated damages and in such event, the Prothonotary or any attorney of any court of
record of Cumberland County is hereby authorized to appear for and to confess jUdgment in an
applicable action of ejectment against said Purchaser, its Successors and assigns and in favor of
the said Seller, their heirs and assigns for the Property described on Exhibit "A" attached hereto
and to direct the immediate issuing of a Writ of Possession with Writ of Execution for costs,
including reasonable attorneys' fee of no less than five percent (5%) of the unpaid balance of the
purchase price, without notice and without asking leave of Court, or at the option of Seller, said
Prothonotary or attorney is hereby authorized to confess jUdgment against the Purchaser and in
favor the Seller for the entire unpaid balance of the purchase price, together with costs, interest,
insurance payments, etc., and with reasonable attorney fees of no less that five percent (5%)
added thereon. In addition, the Parties agree that this Property is a commercial property, and as
such, any default is not bound by the notice provisions of Act 6 or Act 91 and a judgment may be
entered under the terms of the Promissory note to be executed contemporaneously herewith, for
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possession and I or for the balance of any sums due hereunder by the Purchaser to the Seller,
without the necessity of a formal complaint being filed or a hearing held.
9. The interest of the Purchaser conveyed by this Agreement shall not be assignable
by sale, assignment, lease, pledge, subleasing or otherwise, in whole or in part, without the prior
written consent of the Seller, In the event such sale, assignment, lease, etc" is made by Purchaser,
such event shall be considered a default of this agreement and the rights stipulated in Paragraph
Eight shall accrue to the Seller.
It is understood by the Seller that Purchaser has already entered into a lease with a
third party for this property. Seller hereby consents to such lease and tenant upon the following
terms and conditions:
A. Said lease shall be in writing and a copy thereof shall be provided to Seller;
B. Notwithstanding the foregoing, Purchaser shall not be relieved of any
obligations under the terms of this agreement or the prior agreement by virtue
of this lease, but shall continue to be personally responsible for all obligations
thereof, whether or not the tenant is in compliance with the terms of his lease
with' Purchaser;
C. Said lease shall specifically refer to this agreement and the prior agreement and
shall provide that the lease is automatically terminated and possession of the
property shall be immediately turned over to Seller upon Seller's exercise of
any of Seller's rights under the default provisions of these agreements; and
D. The tenant shall agree that he shall remain in compliance with all Borough
codes or other governmental regulations in the operation of his business at the
Property.
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10. Failure by SeHer to insist on strict performance by Purchaser of any of the terms of
this Agreement shall not be construed as a waiver, release or relinquishment thereof. This
Agreement shall inure to and be binding upon the successors and assigns of the parties hereto.
11. The provisions of this Agreement shall be construed and enforced in accordance
with the laws of the Commonwealth of Pennsylvania. This Agreement represents the entire
agreement and understanding between the parties hereto and there are no other terms, obligations,
covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever
concerning this sale. The provisions of this Agreement supersede any and all prior writings
between the parties hereto. Any modification, changes or additions to this Agreement must be
made in writing and executed by the parties hereto. Wherein used in this Agreement, unless the
context otherwise clearly requires; the plural shall include the singular and vice versa; the use of
any particular gender shall include any other applicable genders; and the words "hereof", "herein"
and similar compounds of the word "here" shall mean and refer to this entire Agreement and not
to any particular provision or paragraph hereof unless so stated,
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12. Time is hereby declared to be of the essence with regard to this Agreement.
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13. All of the terms and conditions of the previous agreement shall remain in full force
and effect, except as they may be modified by the terms of this agreement.
TIllS SPACE lNTENTIONALL Y LEFT BLANK
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IN WITNESS WHEREOF. the parties hereto, being duly authorized to enter into this
Agreement, have executed the same as of the day and year first above written.
WITNESS:
(SEAL)
"Seller"
(SEAL)
"Seller"
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"Purchaser"
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EXHIBIT "e"
$36,000.00
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PROMlSSOIU: NOTE
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FOR VALUE RECEIVED and intcnding to be Icgally bound, VICTORIA
BARNES, (hereinafter "Obligor"), promiscs to pay to VlNCENZO MAzZAMVTO
and GERARDA MAZZAMVTO, his wire, of 50 I Limestone Road, Carlisle,
Cumberland County, Pennsylvania (hereinafter "Obligee"), the sum of Thirty-six Thousand
and no/IOO Dollars ($36,000.00), lawful money of the United States of America, together
with interest at a rate of Ten and nollOO percent (10.0%) per annum on the unpaid
principal balance from the date of this Note until all outstanding amounts due hereunder
have been paid in full, the same to be payable in monthly principal and interest installments
of Three Hundred and 00/100 Dollars ($300.00), said payments commencing on April I,
1997 and continuing on a consecutive monthly basis until March I, 1998, at which time all
amount due hereunder shall be paid in full. If, at any time Obligor is in breach of any of
the terms and conditions set forth in this promissory note or under the terms and
conditions of a certain installment sales agreement dated January ~ 1996 and the
amendment and extension thereto dated~~I-L 1997, Obligee may then demand full
payment under the Note, together with interest from the date of demand at a rate of ten
percent (10%) per annum on the then outstanding principal balance due to Obligee from
Obligor. Obligor may prepay in whole or in part any portion of the principal or interest
due hereunder without penalty at any time. Any and all payments hereunder shall first be
applied to any interest due hereunder and then applied second to any outstanding principal
payment due hereunder.
In the event any of the aforesaid payments of principal and interest shall become
overdue for a period in excess offive (5) days, Obligor shall pay to Obligee a "late charge"
of$2tl;;O to cover the extra expense involved in handling delinquent payments.
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Obligor further does hereby authorize and empower any attorney of any court of
record of PeMsylvania or elsewhere to appear for it and to enter judgment against it for
the then outstanding balance of this Note, with or without declaration, together with costs
of suit and reasonable attorney's fees, and with full release of errors. Judgment hereunder
may be confessed on executed or photostatic copies of this Note as many times and in as
many jurisdictions as is necessary to secure satisfaction of any unpaid balance or balances,
and the judgment or judgments confessed shall be without stay of execution. Obligor
specifically waives and releases any and all relief from any and all appraisement, stay or
exemption laws of any state whether currently in force or hereinafter to be passed.
WITNESS the due execution hereof this 151 day Of~997.
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WITNESS:
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(SEAL)
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DISCLOSURE STATEMENT
The undersigned, VICTORIA BARNES, having read this document in its
entirety, and fully understanding it, hereby state, admit, acknowledge, and certifY the
following:
I. I have, this day, signed a Judgment Promissory Note in which I promise to
pay to VINCENZO and GERARD A MAZZAMUTO, thcir hcirs and assigns, the sum of
Thirty-six Thousand and no/tOO Dollars ($36,000.00).
2. The said judgmcnt note gives the entity who holds or owns the note the
right to file and enter judgment against me without any prior notice to me and without any
right of formal pleading, notice, or hearing before the entry of said judgment.
3. Such a judgment entered against me will automatically create a lien on all
real estate owned by me at that time, whether I own it now or acquire it later.
4. Such a judgment entered against me will entitle the entity who owns or
holds such a judgment to issue execution against my property which can result in the
Sheriff physically attaching or taking possession of said property and selling it at a Sherift's
Sale.
5. That I will be compelled and required to hire an attorney to file formal
documents to open or strike such a judgment if! have a valid defense to the action taken
against me, and without those documents being filed, I will not have a right to a hearing or
trial on such judgment matter.
6. That I have an income which is at least $10,000.00 per year.
WITNESS:
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v1CTO~ARNES
(SEAL)
~._yJ' ~~~t;
~ 1~1997
"Obligor"
..~'O.,.
AROLD s. IRWIN, III
ATTORNIY ID NO. 21120
:II I!An HIGH nRl!l!T
CARLIILII PA 1701:1
1717) 2a-I"0
ATTORNIIY 'OR PLAINTIf.
VINCIlNZO MAZZAMUTO and
OERARDA MAZZAMUTO,
Plaintiff
: IN THE COURT OF COMMON PLIlAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VI.
: CIVIL ACTION - LAW
VICTORIA BARNES, .'
Defendant
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: NO. 98 - I()q,- CIVIL TERM
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CONFESSION OF ,JUDGMENT FOR MONEY
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
as follows:
Principal Sum
Interest through February, 1998
Insurance Premium
Attorney Fees (5% principal due)
Total Due
$ 36,000.00
600.00
677.00
1.800.00
$39,077.00
Plus all real estate taxes and utilities for the use of the premises located at 51
north Pitt Street, Carlisle, Cumberland County, Pennsylvania throughout the period of
her possession. Plaintiff s are unable to ascertain the full amount of any outstanding
real estate taxes and utility costs until the time possession is granted to plaintiffs.
February ~ 1998
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HAROLD S. IR 'IN, III
35 East High Street
Carlisle, PA 17013
717-243-6090
Supreme Court 10 No. 29920
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HAROLD S. IRWIN, III
ATTORNEY ID NO. 21120
21 EAIT HIOH STREET
CARLISLE 'A 17012
(717) 242.1010
ATTORNEY FOR 'LAINTIFF
VINCENZO MAZZAMUTO .nd
GERARDA MAZZAMUTO,
PI.lntlff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: CIVIL ACTION - LAW
VICTORIA BARNES,
Defend.nt
.
: NO. 98 - /I'f(f., CIVIL TERM
CONFESSION OF ,JUDGMENT FOR POSSESSION
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 known as 51 North Pitt Street, Carlisle, Cumberland
County, Pennsylvania 17013, and described in Exhibit "An, attached hereto and
incorporated herein by reference.
February ~ 1998
35 East High Street
Carlisle, PA 17013
717-243-6090
Suprerne Court 10 No. 29920
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EXHmrr A
Legal Description attached as this Exhibit
ALr. THAT CIlR'1'IlXN fieae 01: parael oC lana with improvement. thanon
ereotea,' .ituate n the Borough or Carli.le, Cumberland County,
penn.ylvania, bounaed and aeeoribed .. tallow., "
011 the NOl:th by pl:oporty now or form.rly of aeorge K. Brown, on
the la.t by property now or tormerly of the Betato o~,C.P.
SUmbaugh, on the South by property now or fOl:merly or the Masonic
Hall A..oclation, Gnd on the'"..t by Horth Pitt Street containing
twenty-tour 1241 feet nine 19) inahe. fruntage on North Pitt
Street end thlrty-three (JJ) feet, /I1ore or le.e In dapth, and
beln; known e. and numbel:ed 51 North pitt Street.
'1'ogether wlth the uae 1n aommon at an alley way 3 teet G inche. in
width running in depth ae.twardly tro/l1 Horth Pitt Street JJ reet.
. /I1on or leu, .dd alley way belilg irnin.aiately Harth or the .
property herein oonveyea. Aha togeth.r t,ith the UllG in, cornmon or
the lew.r underlying ..id alley way.
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HAROLD a. IRWIN, III
ATTORN" ID NO. ZUZD
U oaT HIGH aTllEET
CARLlaLII PA 17013
(717) za.IOIO
ATTORNIIY FOil PLAINTIFF
VINCENZO MAZZAMUTO and
GERARDA MAZZAMUTO,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VB.
: CIVIL ACTION - LAW
VICTORIA BARNES, ~
Defendant
: NO. 98 - I 0 % CIVIL TERM
PRAECIPE FOR WRIT OF EXECUTION
UPON A CONFESSED .JUDGMENT
To the Prothonotary:
Issue a writ of execution upon a judgment entered by confession in the above
matter,
(1) directed to the sheriff of Cumberland County;
(2) against Victoria Barnes, defendant; and
(3) against N/A ,garnishee; and
(4) index this writ
(a) against Victoria Barnes, defendant; and
(b) against N/A , garnishee, as a lis pendens against real property
of the defendant in name of garnishee as follows: N/A
(5) Amount due:
Principal Sum
Interest through February, 1998
Insurance Premium
Attorney Fees (5% principal due)
Total Due
$ 36,000.00
600.00
677.00
1.800,00
$39,077.00
Plus all real estate taxes and utilities for the use of the premises located at 51
North Pitt Street, Carlisle, Cumberland County, Pennsylvania throughout the period of
her possession. Plaintiff s are unable to ascertain the full amount of any outstanding
real estate taxes and utility costs until the time possession is granted to plaintiffs.
1'\
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HAROLD a. IRWIN, III
ATTORNEY ID NO. 21120
:IS EAaT HIOH aTREET
CARLlaLE PA 17013
(717) 243-1010
ATTORNEY FOR PLAINTIFF
VINCENZO MAZZAMUTO and
GERARDA MAZZAMUTO,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
YS.
: CIVIL ACTION - LAW
VICTORIA BARNES, r
Defendant
.
: NO. 98 - /f'f1J... CIVIL TERM
PRAECIPE FOR WRIT OF POSSESSION
To the Prothonotary:
Issue writ of possession upon the jUdgment in ejectment entered by confession
in the above matter. This writ is to be for possession of real property in possession of
the defendant known as 51 North Pitt Street, Carlisle, Cumberland County,
Pennsylvania 17013, and described in Exhibit "An, attached hereto and incorporated
herein by reference.
February 1t. 1998
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HAROLD S. IRWIN, III
35 East High Street
Carlisle, PA 17013
717-243-6090
Supreme Court ID No, 29920
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EXUIDrr A
Legal Description attached as this Exhibit
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ALr. THAT CllRTAXH Pieoe or PU'oel or hnd wlth improvements thereon
..r..at..d,'8!tuet.. in th.. Borough at Cerlbl.., CUmberl~l\d County,
P..nnsylvsnie, bound..d en4 4...arib..4 8S follow., '
011 the Horth by property now or fOrm8rly of aeorg8 It. prawn, on
the S..t by property now or tor.erly ot the s.t.te o~.c.P.
BU/IIb.ugh, on the South by property now or formerly at th.. Meaonic
H.ll lI.soci.tion, Gnd on the'"e.t by North Pitt Street containing
tw..nty-lour 1241 t....t nin.. (9) inohe. tronteg.. on North Pitt
Str..et en4 thirty-three (33) t..et, more or le.. in depth, and
betnV known e. and numbered 51 North PJ.tt Street.
Together with th.. u... in aommon at en elley wey 3 t.et 6 inche. in'
width running in depth Be.tw.rdly tram North ~itt Street JJ teet,
. man or 18.., IIdd alley lI.y being iminedietely North ot the ,
property h.r.in aonv.yed. Al.o together with the uae in, common at
the .OW8r Und8rlying eaid alley wey.
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO. 90-10% CIVIL l~X Term
CIVIL ACTION, LAW
TO THE SHERIFF OF
ClJmber1and
COUNTY:
To sail sly the debl, Interesl and costs due -V-lncenl\o-Ma~allllJ,t;.o-nnd-CQJ:QJ;dn Mn~~nmUUL
PLAINTIFF(S)
from_Vic..torin Bnrn.aa, 51 North Pi,t.L.SJ;,L:.e.aL Car11s1e. PA 17013
DEFENDANT(S)
(1) You are dlrectad 10 levy upon Ihe property ollhe defcndanl(s) and 10 sell n 1 1 p'"-''' " " n 1 pr"p'" rt y
loc.a.t.ed-a,t 51 Nouh-lU,l:-t-StJ:eat., ('nrH"l", PlI
(2) You are also directed 10 attach the property ollhe defendant(s) nOllevied upon in the possession of
GARNISHEE(S) as follows:
and 10 nolny Ihe garnishee(s) thaI: (a) an attachmenl has been issued; (b) Ihe garnlshee(s) Is/are enjoined from paying any
debt to or for Ihe account of the defendant(s) and from delivering any property of the defendanl(s) or otherwise disposing
Ihereof;
(3) If property of the defendanl(s) nollevied upon an subject to attachment Is found in the possession of anyoneother
Ihan a named garnishee. you are directed 10 nollfy hlm/herthal he/she has been added as a garnishee and is enjoined as above
stated.
Amount Due
Interest
Atty's Comm
Atty Paid
Plainliff Paid
S39.077.00
%
L.L.
Due Prothy
Other Cosls
$.50
$1. 00
~J2_00
Dale:~ry 21';. lQ9R
rl1rri~ R. Lnno
Prothonotary. Civil ~ivision
a,"~<, 2. 77~?/).-\{,r-O~
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by>-'
REQUESTING PARTY:
Name Harold S, Irwln. III, Esq.
35 East High Street
Carlisle, PA 17013
Attorney for: Plaintiff
Telephone: 717-243-6090
Supreme Court ID No. 29920
Address:
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By virtue of chis writ, on the _____________u___oo_day of -----------------.----------------.. 19_00___
I cau,ed the within na.-ned -------------------------------------------------------------------------, to
have pos'.5!ion of :h. ;>rcmi"", do:scribed with the .l;>pu,1cn;1ncc., 3nd __n____oon___oooo______.___________oo
R. Thomas Kline, Sheriff, who being duly sworn according to law,.
say.5._ .thi.s._lIU:iJ:._.ia_.I:.e.l:J.lr.ned._S:I:AY.ED_.pex....i.u.s.t r.uc.t.i Ql1.s--fi r.om--t;oo - a-t; t o-FfleY-.-- -----.
Sheriff's Cos ts: Advan~~u<;9_!>.!:.ll..;.__oo_____SJ..QO~QDoo___.
Dockei:"Ing------------------------$Ta:ii6---u--.--------stlerTf f I s Cos t s : 28. 66
County 1.00 $ 71.34
Ser1r1~---------------------------~-cr;~,,-------.--------------------------------------------------.
Surcharge' 6.00 Refund to Pltff. on 5-15-98
PGliOO age--- _ _ n __ __ __ __ _u 00 _ ____ _ _ _ __. % ___ _ __ _. _ _ _ _ __ 00 _ _ __ 00 _____ _ n -- ..--- - ---.. - --- --- - -- ---- ---.
$28.66
0.; " d ~ ," d' ' . :h' S<&-
...\\Olrt j,n S\ scuoe .0 o~fort::nt: 15 ____.._____.___-'
d:lV oi __os. ~_______________________. 1 ~_'l.f___
.._____~-JJ-.-1l:.1:<d-~r~-~ ...----,
P:-o(honocar,.
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n... C)oAAk-....d:h~'---------.---.-----.--
o D.?u:y
en. .1o'i?'I1
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'WRITOF POSSESSION IEjeemlem P~oeeeaings PRep 3160.3165 ete)
Vincenzo Mazzamuto and
-------------------------------------------~
Gerarda Mazzamuto
--------------------------------------------
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---Y.i.I;UlrJ.iJ_.llamEUl ___________________. ,:
__ ~~r~_~~~~~_~~~:~_~~~~~_~_____________ )
CO~t\rONWEALTH OF PE..'I,,,,SYLVANIA:
COt'::"ITY OF Ct:~fBERlL.-\..'I,'D:
1::"1 TIlE COLoRT OF CO~I~(O::"l ?LE',\.5 OF
Ct'~lBERLo\:-;D COL~'TY. PE.",,,,SYI. \'.-\.....,....
::"10. ---n~~:_~9_~~_E!:'_!!__________ T~m1 19______
7\0. __n____________________________ Term :9______
Com
..I.:t'~'. --------_______________________ ,$__44...0.0___
Pl'ff (,: _____________________________ .$____________
Prorhy. ----__________________________ s___~.~___
---------------------------------------------------
---------------------------------------------------
To the Sheriff oi ------_Cl.U11bjU".lQD~_____________ County, Penn,.
, (1) To !atisiv rhe judgm.nt for Dos~sion in t.i. Jbo .... mJr:e" vou Jre directed :0 deli-'er possession <:!i the
following de9Crlbed property ,0;0: ' .
--~i!L~~!L~Q--~~-~~j!ID~-tQ-_gV_q_ii~F_~Fs!g__~~_~~P_IDllto____________________________________________
------------------------------------------------------------------------------------------
being: (Premises 3S follows) :
51 North Pitt Street
Carlisle, PA 17013
PI:tintiif 'J'I
(2) To;a*fy ,the.:om 'g:Uust the defendJnt (5i you ~re directed ro levy u?,n lilY 1'l'o~rry Of :he deren-
d3l1c ~!) 3Jld sell his her (or :i:.:r) interest ~erein,
D,c: ---._~~_~!:..1.!.~F.x._~?.!__1_~~_8______
(SE..u. )
.---------------~~~~-~~--~:__~~Qfl_______________.
Prothonor.u7. Common PI.J.S Cou:-: .,i C=i:erJ:md
County, Penl13. ) L-- "'\
n~:--.~'").....:-_-t---2?b_'a".1L<.L.-tJ....~
Dep.lty 1\./
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HAROLD S. IRWIN, III
ATTORNEY ID NO. 2112D
:IS EAST HIGH STREET
CARLISLE PA 17D13
(717) 243.IDID
ATTORNEY FOR PLAINTIFF
VINCENZO MAZZAMUTO and
GERARDA MAZZAMUTO,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
VI.
: CIVIL ACTION. LAW
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VICTORIA BARNES,
Defendant
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: NO. 91 . 1mb CIVIL TERM ~-':
/ '
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NOTICE UNDER RULE 2973.2",3
,
OF .JUDGMENT AND EXECUTION
..',
:::
Notice of Defendant's Rights
TO: VICTORIA BARNES:
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 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 YOU 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.
. .
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HAROLD .. IIIWIN, III
ATTORNIlY ID NO. 21120
U !!AaT HIGH aTlIEIlT
CARLlaLll PA 17DU
(717) 2.0....0
ATTORNIlY FOil PLAINTIFF
VINCENZO MAZZAMUTO and
GERARDA MAZZAMUTO,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
YS.
: CIVIL ACTION. LAW
VICTORIA BARNES, ~
Defendant
: NO. 911. I () % CIVIL TERM
NOTICE OF .JUDGMENT UNDER RULE 2958.3
AND EXECUTION THEREON
Notice of Defendant's Rights
TO: VICTORIA BARNES:
A jUdgment in the amount of $39,077.00, plus all real estate taxes and utilities
for the use of the premises located at 51 North Pitt Street, Carlisle, Cumberland
County, Pennsylvania throughout the period of your possession, has been entered
against you and in favor of the plaintiff without any prior hearing based on a confession
of jUdgment contained in a written agreement or other paper allegedly signed by you.
The court has issued a writ of execution which directs the sheriff to take your money or
other property owned by you to pay the jUdgment.
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If your money or property has been taken, you have the right to get the money or
property back if you did not voluntarily, intelligently and knowingly give up your
constitutional right to notice and hearing prior to the entry of jUdgment or if you have
defenses or other valid objections to the jUdgment.
You have a right to a prompt court hearing if you claim that you did not voluntarily,
intelligently and knowingly give up your rights to notice and hearing prior to the entry of
the jUdgment. If you wish to exercise this right, you must immediately fill out and sign
the petition to strike the jUdgment which accompanies the writ of execution and deliver
it to the Sheriff of Cumberland County at the Courthouse, One Courthouse Square,
Carlisle Pennsylvania 17013.
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IT IS IMPORTANT THAT YOU ACT PROMPTLY. IT WILL BE TOO LATE TO
REGAIN YOUR PROPERTY IF YOU WAIT UNTIL AFTER THE PROPERTY HAS
BEEN SOLD BY THE SHERIFF OR TURNED OVER TO THE PLAINTIFF.
YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT AND
PRESENT IT TO A JUDGE 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 YOU LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH)3ELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Curnberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
717 - 240 - 6200
February&' 1998
'/
HAROLD S. IRWIN, III
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35 East High Street
Carlisle, PA 17013
717-243-6090
j
Supreme Court 10 No. 29920
"
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HAROLD S. IRWIN, III
ATTORNEY ID NO. 21120
35 EAST HIGH STREET
CARLlaLE PA 17013
(717) 241.1010
ATTORNEY FOR PLAINTIFF
VINCENZO MAZZAMUTO .nd
GERARDA MAZZAMUTO,
PI.lntlff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
va.
: CIVIL ACTION - LAW
VICTORIA BARNES,
Defend.nt
.
.
: NO. 98 . 10 If b CIVIL TERM
NOTICE OF .JUDGMENT UNDER RULE 2958.3
AND EXECUTION THEREON
Notice of Defendant's Riqhts
TO: VICTORIA BARNES:
A judgment in the amount of $39,077.00, plus all real estate taxes and utilities
for the use of the premises located at 51 North Pitt Street, Carlisle, Cumberland
County, Pennsylvania throughout the period of your possession, has been entered
against you and in favor of the plaintiff without any prior hearing based on a confession
of judgment contained in a written agreement or other paper allegedly signed by you.
The court has issued a writ of execution which directs the sheriff to take your money or
other property owned by you to pay the judgment.
J
,
(
If your money or property has been taken, you have the right to get the money or
property back if you did not voluntarily, intelligently and knowingly give up your
constitutional right to notice and hearing prior to the entry of judgment or if you have
defenses or other valid objections to the judgment.
~~ ,
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You have a right to a prompt court hearing if you claim that you did not voluntarily,
intelligently and knowingly give up your rights to notice and hearing prior to the entry of
the judgment. If you wish to exercise this right, you must immediately fill out and sign
the petition to strike the jUdgment which accompanies the writ of execution and deliver
it to the Sheriff of Cumberland County at the Courthouse, One Courthouse Square,
Carlisle Pennsylvania 17013.
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VINC.NZO MAZZAMUTO .nd
O.URDA MAZZAMUTO,
PI.lntlff
: IN THE COURT OF COMMON PL.AS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v..
: CIVIL ACTION. LAW
VICTORIA BARNES,
Defend8nt
.
.
: NO. 98 . /m(... CIVIL TERM
eJ!TITION 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 herein are made subject to the penalties of
18 Pa.C.S, Section 4904 relating to unsworn falsification to authorities.
Notice of the hearing should be given to me at:
VICTORIA BARNES
Street Address
City, State
Telephone Number
Dated:
VICTORIA BARNES
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VINCI!NZO MAZZAMUTO .nd
OI!RARDA MAZZAMUTO,
PI.lntlff
: IN THE COURT OF COMMON PLI!AS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v..
: CIVIL ACTION. LAW
VICTORIA BARNES,
Defend.nt
.
; NO. 98 . lCAf.:, CIVIL TERM
et=TITION 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 herein are made subject to the penalties of
18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Notice of the hearing should be given to me at:
VICTORIA BARNES
Street Address
City, State
Telephone Number
Dated:
VICTORIA BARNES