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HomeMy WebLinkAbout98-01122 ~ .J j , r ;Q . :g i I ~ '1 .., , a, . ....g. :J I / :' i > .w .- '; .J .' :) ,CJ > 7' . ',' rl ~ "" I ~ 0- , Johnson, Duffie, Stewart & Weidner By: Edmund G. Myers 1.0, No, 20558 30 I Mllrket Street p, O. Box 109 Lemoyne, Pennsylvania 17043-0 I 09 (717) 761-4540 Altomeys for Plaintiffs, Ronald S, Raffensperger and Mary Lou Raffensperger RONALD S. RAFFENSPERGER and MARY LOU RAFFENSPERGER Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO,98- /1.2.~ e.o~{/~ \., CIVIL ACTION - LAW v, AMBULANCE TRANSPORTS, INC., Defendant CONFESSION OF JUDGMENT IN EJECTMENT Pursuant to the authority contained in the warrant of attorney, the original or a copy of which is attached to the Complaint filed in this action, the undersigned appears for the Defendant and confesses judgment in ejectment in favor of the Plaintiffs and against the Defendant for possession of the real property and for costs and an attorney's commission of$7,500,OO, which real property is described as follows: \ , I ALL THAT CERTAIN piece or parcel ofland situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the westerly line of South Eighteenth Street, said point being one hundred twenty (120) feet from Kent Drive measured northwardly along the westerly line of South Eighteenth Street; said point also being the northerly line of Lot No, I, Block "A" in the Plan of Highland Estates; thence along said Lot No, I, No, 3, and No, 4, South 77 degrees 01 minute West, a distance of two hundred two (202) feet to Lot No, 6, Block "A" on said Plan; thence North 12 degrees 59 minutes West, along Lots Nos, 6 and 7, Block "A," a distance of ninety (90) feet to an iron pin; thence North 77 degrees 0 I minute East, along a ten (10) foot casement, a distance of two hundred two (202) feet to the westerly line of South Eighteenth Street; thence along the westerly line of South Eighteenth Street, South 12 degrees 59 minutes East, a distance of ninety (90) feet to a point, the place of BEGINNING, I 'L , : r .II I i . I. i, HAVING THEREON ERECTED a one story brick and block building, I I I , i 1\...... I ~':I Ii I t , I I , :: ! I, I, f, I' '1-" , 6, Judgment hils not been entered on the Agreement inllny jurisdiction, 7, Thc relll property which is the subject of this Complaint in Confession of Judgment is described ns follows: ALL THAT CERTAIN piece or parcel oflllnd situate in the Township of Lower Allen, County of Cumbcrlllnd IInd Stllte of Pennsylvllnill, more particularly bounded and described liS follows, to wit: BEGINNING lit II point on the westerly line of South Eighteenth Street, said point being one hundred twenty (120) feet from Kent Drive measured northwardly along the westerly line of South Eighteenth Street; said point also being the northerly line of Lot No, I, Block "A" in the Plan of Highland Estntes; thence along said Lot No, I, No, 3, and No, 4, South 77 degrees 0 I minute West, a distnnce of two hundred two (202) feet to Lot No, 6, Block "A" on said Plan; thenec North 12 degrees 59 minutes West, along Lots Nos, 6 and 7, Block "A," a distancc of nincty (90) fect to an iron pin; thcnce North 77 degrees 01minutc East, along a ten (10) foot easemcnt, a distance of two hundred two (202) feet to the wcsterly line of South Eightcenth Strcet; thence along the wcstcrly line of South Eighteenth Street, South 12 degrces 59 minutcs East, a distance of ninety (90) fect to a point, the place of BEGINNING, HAVING THEREON ERECTED a one story brick and block building, UNDER AND SUBJECT, to a tcn (10) foot utility rescrvation along the South and Wcst sides of said premises, and to conditions, eascmcnts, rcstrictions and other matters of record and any and all matters which an inspection or survey of the property would disclose, TOGETHER with the right and use ofa ten (10) foot casement adjuining the northerly line of said premises, Said ten (10) foot casement to remain open and unobstructed forever, 1 '1 , I 8, Defendant defaulted under the Agreement by failing to pay 1997 County and Township Real Estate Taxes, the 1997-1998 School Real Estate Taxes, the trash and scwcr bills owcd to Lowcr Allen Township, and by faiUng to maintain fire and casualty insurance coverage, Defendant failed to cure the defaults after 30 days' written notice thereof from Plaintiffs to Defendant. j , 9, Plaintiffs are entitled to judgment in ejectment for possession plus costs and an attorney's commission of Five (5%) percent at $7,500,00, WHEREFORE, Plaintiffs are cntitlcd to and dcmand judgmcnt in ejectment for possession in favor of the Plaintiffs and against Defendant plus costs and attomey's commission of$7,500,OO, ~. I -- Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER By: ~ b~~ Edmund G, Myers .'1~"'''.1I''..1 ."U/""" If'" htr"lltl ID ing March 1, 1993, and the total balance due and payable on or before February 1, 1998, 2, Buyer agrees to pay a late charge equal to five (5%) percent of the monthly payment for any monthly payment received by the Sellers more than fifteen (15) days after the due date, Buyer shall not make any prepayments of principal until after February 1, 1995, and thereafter only if the U,S, Income Tax on capital gains has been reduced to twenty per cent (20%) or less, or with the expreRs consent of the Sellers in writing, 3, Buyer agrees not to assign its interest in this agreement, whether by deed, articles of agreement, lease with option to purchase, or otherwise, unless the written consent of Sellers is obtained, which consent will not be unreasonably withheld, and any such assignment or attempted assignment will cause the entire balance due under this agreement to be due and payable at the option of the Sellers, 4, Buyer agrees to pay all taxes levied upon the said premises from and after the date hereof and to keep any building thereon insured for fire, storm and casualty coverage with any reputable company licensed to do business in Pennsylvania in the amount of at least One Hundred Fifteen Thousand and NO/I00 ($ll5,000,QO) Dollars payable to the parties hereto as their interest may appear, Pro-rating of current taxes is waived, 5. Upon the payment of the purchase price, Sellers will, at the law offices of Stone LaFaver & Stone, 414 Bridge Street, New -2- Cumberland, Pennsylvania, 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 and clear of all encumbrances, liens and dower or right of dower, said conveyance to contain the usual cove- nants of general warranty except for utility easements and any other items of record in the County Courthouse which do not unreasonably interfere with the present use of the premises, The title to said premises shall be record title, good and marketable as aforesaid for at least fifty (50) years and such as will be insured by any reputable title insurance company at regular rates, 6, Possession of the said premises is hereby delivered at the time hereof by Sellers to Buyer, 7, The sale includes whatever electric, heating, plumbing, fixtures, systems and equipment and all other fixtures permanently affixed as attached to the premises, all shrubbery and landscaping, 8, All realty transfer taxes in effect at the time of settlement and levied by the Commonwealth of Pennsylvania or any political subdivision thereof shall be divided equally between the Sellers and the Buyer. 9, Buyer shall maintain all buildings and improvements on the said premises in good and substantial repair and the Sellers shall have the right to enter upon the said premises at any reasonable hour for the purpose of inspecting the order, condition and repair of the buildings, -3- ~ ~. No major improvements or alterations shall be made to the premises without the prior written consent of Sellers, which shall not be unreasonably withheld. Any improvement or alteration which does not cause a lessening of the value of the premises shall be approved by Sellers. 10. Sellers represent and warrant that no notice from any governmental authority has been issued or served upon the premises or any occupant thereof or upon Sellers, or Sellers' agent, calling attention to any violation of any building, fire, safety or other ordinances or requiring or calling attention to the need for any curbing, recurbing, paving, repaving or other construction or improve- ments on or about the premises or the removal of any nuisance there- from. 11. Sellers represent and warrant that no municipal or other governmental improvements affecting the premises are, as of the date hereof, in the course of construction or installation and to the best of Sellers' knowledge no such improvements have been ordered to be made. 12. Sellers represent and warrant that all street paving, curbing and other municipal or other governmental improvements which have been constructed or installed have been paid for and will not hereafter be assessed and all assessments heretofore made have been paid in full. 13. In the event fire or storm damages to the premises should occur, all monies received therefor from any insurance company -4- .\ shall be applied first to reasonable repair of said damages and monies in excess thereof to be paid to Sellers to be applied to the unpaid purchase price and to the extent thereof. 14. This agreement contains the whole agreement between the parties and there are no other terms, obligations, covenants, repre- sentations, statements or conditions, oral or otherwise, of any kind whatsoever and it may not be altered, amended or modified other than in writing executed by the parties hereto. 15. Failure of Sellers to insist on strict performance by Buyer of the terms of this agreement, shall not be construed as a waiver, release or relinquishment thereof. 16. In the event that any defects exist that would not make the title to the premises good and marketable as herein provided, Sellers shall have a reasonable time to correct same after being apprised thereof by the Buyer. 17. All payments, notices and documents required by this agreement shall be sufficiently delivered, if mailed by certified mail, postage prepaid, return receipt requested or personally delivered to one of the parties to this agreement as follows: (a) To Seller addressed as follows: Ronald S. Raffensperger and May Lou Raffensperger 981 Silver Lake Road Lewisberry, PA 17339 (b) To Buyer addressed as follows: Y2.'1 50. )<(fp, <;1~ ~~ 1+:11/ & \,011 -5- I) II I 1 It .., . I, i ! I ., , . . , " , r I or at such other addresses at which the other party receives written notice. 18. Buyer shall present to Sellers the paid tax receipt or a photocopy thereof on or before the first day of December of each year and shall pay any and all other utilities that are lienable against the title to the premises herein described within ninety (90) days from the time that all such bills are issued by the billing authorities. 19. Buyer agrees that they has inspected the premises herein involved and no representations have been made by the Sellers as the condition of the land. The premises are purchased in the present condition. 20. Fcrmal tender of an executed deed and of the purchase money is hereby waived. 21. Whenever used herein the singular number shall include the plural and the plural shall include the singular and the use of any gender shall include all genders and the words Seller and Buyer wherever used shall include their heirs, executors, administrators, successors and assigns, except where otherwise herein provided. The obligations, responsibilities and liabilities of the Buyer shall be both joint and several. 22. It is understood and agreed that any realtor's commis- sions which may be due arising from this agreement shall be paid by the Buyer in addition to the One Hundred Fifty Thousand and NO/100 ($150,000.00) Dollars payment hereinbefore provided. -6- ~ ~. . . Three Thousand Five Hundred and NO/100 ($3,500.00) Dollars of these commissions shall be paid to Sellers at the signing of this agreement. Thereafter Five Hundred Seventy-five and NO/100 ($575.00) Dollars shall be paid every three (3) months until a total of Fifteen Thousand and NO/100 ($15,000.00) Dollars shall have been paid. These latter checks shall be payable to Commercial Industrial Real Estate but shall be mailed to Sellers along with regular monthly payments. Failure to make these payments shall constitute a breach of this agreement. 23. No delay or omission of either party thereto to exercise any right or power accruing upon any non-compliance or default by the other party with respect to any of the terms, covenants or conditions of this agreement shall impair any such right or power or be construed to be a waiver thereof. 24. In the event that Buyer defaults in the performance of this agreement, the Sellers shall give the Buyer thirty (30) days written notice of the default. The Buyer shall have thirty (30) days after the mailing of the notice within which to cure the default. In the event that the Buyer fails to cure the default within the said thirty (30) day period, the Sellers may exercise the remedies set forth below. 25. In case of any default after notice and opportunity to cure the default as aforesaid, the Buyer hereby authorizes and empowers any attorney or Prothonotary of any court of record to appear and confess jUdgment against the Buyer in an amicable action of -7- '. . ejectment for said premises and authorize the immediate issuing, (without asking leave of court) of a Writ of Possession, with Writ of Execution for the amount of costs, with an attorney's commission of five (5%) percent or Five Hundred ($500.00) Dollars, whichever is greater; in each case waiving the benefit of any law exempting property from levy and sale, waiving the right of inquisition if levy is made on land and consenting to condemnation thereof with liberty to sell same on a writ of Execution, without any stay of execution, and with release of all errors. 22. In case of default after notice and opportunity to cure the default as aforesaid, the Sellers may, in lieu of retaining the property and in addition to retaining the funds already paid by the Buyer collect the entire unpaid balance due under this agreement together with an attorneys commission of five (5%) percent or Five Hundred ($500.00) Dollars whichever is greater. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. Witness &A.~~ (SEAL) Witness ATTEST: AMBULANCE TRANSPORTS, INC. BY~~ A. ~~" -\?~kd- -8- ., . ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: _ BEGINNING at a point on the westerly line of South Eighteenth Street, said point being one hundred twenty (120) feet from Kent Drive measured northwardly along the westerly line of South Eighteenth Street; said point also being the northerly line of Lot No.1, Block "A" in the Plan of Highland Estates; thence along said Lot No.1, No.3, and No.4, South 77 degrees 01 minute West, a distance of two hundred two (202) feet to Lot No.6, Block "A" on said Plan; thence North 12 degrees 59 minutes West, along Lots Nos. 6 and 7, Block "A", a distance of ninety (90) feet to an iron pin: thence North 77 degrees 01 minute East, along a ten (10) foot easement, a distance of two hundred two (202) feet to the westerly line of South Eighteenth Street; thence along the westerly line of South Eighteenth Street, South 12 degrees 59 minutes East, a distance of ninety (90) feet to a pOint, the place of BEGINNING. HAVING THEREON ERECTED a one story brick and block bUilding. UNDER AND SUBJECT, to a ten (10) foot utility reservation along the South and West sides of said premises. TOGETHER with the right and use of a ten (10) foot easement adjoining the northerly line of said premises. Said ten (10) foot easement to remain open and unobstructed forever. /. I I BEING the same premises which Donald P. Raffensperger and Mildred E. Raffensperger, his wife, by Deed dated , 1977 granted'and conveyed unto Ronald S. Raffensperger and Mary Lou Raffensperger, his wife, Vendors herein. EXHIBIT "A" . re\agm\3ack.agt '. ' COMMONWEALTH OF PENNSYLVANIA: COUNTY OFOvn~..,L : On this, the I~ day of SS: ::;-~ , 1993, before me the undersigned officer, a Notary Public, personally appeared \'V)~ ~ . !:~~Y , who acknowledged himself to be the ~~~ of AMBULANCE TRANSPORTS, INC., a Pennsylvania corporation, and that he as such officer, being authorized to do so, executed the foregoing the corporation by himself as purposes therein contained o , ~ \ ..I\..Q.4 . ..Q Q by signing the name of instrument for the . IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. IIOTAQ!.\L Sf;il. . ,. ~YE RE!lE~ lUC!{:y, N::':J'/ nJ~lr" t~.ew ClJm:-M.!~I;:r.dl Ct:;lIL::.:;IJ,~.1 CC'.;Ii~ My CommlsSlcn &'pirds 1.!.l;~i, 27, 190J ---. COMMONWEALTH OF PENNSYLVANIA: COUNTY oFCLnd.-~ : On this, the ~day of ~7L- -;e ~oLJm It tary P J.C SS: ;r~ 1993, before me the under- Notary Public, personally appeared RONALD S. signed officer, a RAFFENSPERGER and MARY LOU RAFFENSPERGER, husband and wife, known to me (or satisfactorily proven) to be the persons whose names are sub- scribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. ~~~ eo N tary bJ.ic /lOTAn/AL SEAl /(AYE RENEE LUCKEY f,oll1rj fU'I'c New CumbellJo1d, C~mb;brJ C(;~r.'1y My Commission Explm~ Man;h 27, 1Dll3 ....-. .... ., u:J u~ ~ -0~ 1t r- ,~ ~d r- fi' 9J OU ~ 'f-J ~ '\?, ...J r- ev ..... ~ "Qo ~ - ~ ,I) P- -......( "'- ):;.. ~ '%t o ~ -r.,.'r!"i ~~.,;t,\~ ~ '7,: --J .', '::D ~~ ;' :t~. e ',:i(~ '1:::l -, ., ::.~. ""::l .' '.: i--;'.. . :C') 0'" --, ~~ ~ :::> ~.> :;; r:: t..1 ::. ~: ) ~~ ~;~-: :-.:i -< RONALD S, RAFFENSPERGER and MARY LOU RAFFENSBERGER. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYL VANIA 9P- NO. 1122 Civil Teon CIVIL ACTION - LAW Plaintiffs v. AMBULANCE TRANSPORTS. INC. Defendant AFFIDAVIT OF RETURN OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: The undersigned certifies that the Notice under Rule Pa,R,C,P, Rule 2974,2, a copy of which is attached hereto as Exhibit "A", was served on the Defendant. Ambulance Transports, Inc.. by depositing the same. postage prepaid at the Post Office, Lcmoyne. Pennsylvania 17043. certified mail. return receipt requested on March 2. 1998. and further that the undersigned has received the return receipt from the Post Office indicating delivery on March 3. 1998 to the office of Defendant at429 South 18'" Street. Camp Hill, Pennsylvania. said receipt executed by Defendant's agcnt. ~.u/Vvr- Edmund G, Myers Sworn to beforc me and subscribed In my presence this 5"02 day of March. 1998 .s:::J, ~ ~ ~ (SEAL) Notary Public <...~ ~ ... My Commission Expires: NOTARIAL SEAL DIANNE LENIG, Nolary Public Lemoyne Borough Cumberland Co. My Commission Expires Dec, 21, 200 I ;1074t7 Johnson, Duffie, Stewart & WeIdner By: Edmund G. Myers 1.0. No. 20558 301 Market Street P. O. Box 109 Lernoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiffs, Ronald S. Raffensperger and Mary Lou Raffensperger RONALDS.RAFFENSPERGERand~Y LOU RAFFENSPERGER, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.98- /( 2. 'V t1.ii I tt...", v. CIVIL ACTION - LAW AMBULANCE TRANSPORTS, INC., Defendant NOTICE UNDER RULE 2973.2 OF JUDGMENT AND EXECUTION NOTICE OF DEFENDANT'S RIGHTS TO: AMBULANCE TRANSPORTS, INC. 429 SOUTH ISnr STREET CAMP HILL, PENNSYLVANIA 17011 A judgment for possession of real property has been entered against you and in favor of the Plaintiff without prior notice and hearing based on a confession of judgment contained In a promissory note or other document allegedly executed by you. The sheriff may remove you from the property at any time after thirty , days after the date on which this notice Is served on you. You may have legal rights to defeat the judgment or to prevent your being removed from the property. ANY PETITION SEEKING RELIEF FROM THE JUDGMENT MUST BE FILED WITHIN' THIRTY (30), DAYS AFfER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOUR RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: .., I ,I Cumberland County Lawyer Referral Service Court Administrator, 41h Floor, Cumberland County Courthouse Carlisle, Pennsylvania 17013 Telephone: (717) 240-6200 , " , " " Johnson, Duffie, Stewart & Weidner BY: ~1:::::;?:t~ 301 Market Street, LernoynePA 17043 , (717) 761.4540 . :... .. ,i , ..... i .r.) ; : '_:..~ . .~-~:j .~...;, "e......_..._.,,_" I... I! II I~ j Ii II 1 I I I I , , . - CompIaC,It~ 1 Ind'or 2 for .:kItionII Ml'"f6oH. -9omP!et,ltlml 3. .... and 4b. -PrlnI your",,", and Iddrn. on the flVWH ollhll form 10 thai WI can flhm W. COld I. you. -Mach IhII fann 10 u.. fronI 0Iu.. mallpiecle. or on lhe bade HtpICI do-. noI oomil, oWlllo'R","m R_pt R_IId'onlho malI_ _1110 ol1ldo 1lUll'bor, -The Return RlCllpt willIhoW' 10 whom the artId, WI' dIIvw.d and the~. doI_, 3, Md. Addr.ssed 10: lMllIJIN:E 'ffi1\l'SRmS, OC. 429 s::lJIH 18th snmr C1tolP HUL, fA 17011 :('1... ". I also wfsh 10 recelv. 111. following service. (for an .xtra leel: , j 1. 0 Addr....... Add.... 2. 0 R.slrlcted De/Ivery Consull potlmast.r lor fee. f, '. 4a, Md. Number .! Z 402 538 181 j 4b, S.rvlce Type lJ Raglst.rad ~ Certified Ill: lJ Expr... Mall lJ Insured .Ii lJ Retum ~ for Men:hancbe lJ COO = . 7,Dal.olO.llv ol< l !. , I , \ . I 5. Received Sy: (Prtnt NSI/l6) S, r....... Addr... (Only /I raquestlld and f.. Is paid) ,ll ~ :.!1 102S95-97,8.()'79 Domestic stum Receipt i I I I I' ,~ r , , f.;..