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MOHAMMAD U. FAROOQ and
DURLA N. LATHIA, t/a
D & F ENTERPRISES
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
No . 9 S'. ~~ .:,'3 :? C<..~....J I.e.<->-
:
JOHN A. BASTIANY and
LYDIA STAUFFER,
Defendants
CIVIL ACTION - EJECTMENT
COMPLAINT FOR CONFESSION OF JUDGMENT IN EJECTMENT FOR
POSSESSION OF REAL PROPERTY
AND NOW come Plaintiffs, by their attorney, Kent H. Patterson,
and file this Complaint as follows:
1. Plaintiffs are Mohammad U. Farooq and Durla N. Lathia,
adult individuals who are trading and doing business as D & F
Enterprises, a Pennsylvania partnership, having an address at 22
Sunfire Avenue, Camp Hill, Cumberland County, PA 17011.
2. Defendants John A. Bastiany and Lydia Stauffer are adult
individuals who reside at and whose last known address is 48 Sussex
Road, Camp Hill, Lower Allen Township, Cumberland County, PA
17011.
3. Plaintiffs are the equitable owners of the single family
residential dwelling and lot located at 48 Sussex Road, Lower Allen
Township, Cumberland County, PA.
Attached hereto and marked
Exhibi t A is a description of the real property ("Real Property").
4. Defendants are currently in possession of and residing in
the real property at 48 Sussex Road, Lower Allen Township,
Cumberland County, Pennsylvania.
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5. On or about December 11, 1997, Plaintiffs and Defendants
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executed a sales agreement ("Sales Agreement") whereby Plaintiffs
agreed to sell to Defendants the Real Property for the total sum of
$67,000, a copy of which is attached hereto and made part hereof
and marked Exhibit B.
6. The Sales Agreement provided for Defendants to pay the
sum of $1,000 at the time of initial settlement, the sum of $3,000
in twelve monthly installments of $270.00 on the first day of each
month beginning January I, 1998 and the balance of $63,000 together
with interest to be paid in monthly payments on the first day of
each month beginning January 1, 1998, with the principal balance
being due in full after making 24 monthly payments.
7. After payment of the sum at the initial settlement,
Defendants have not made any of the payments due under the Sales
Agreement and accordingly are in default of the following payments:
A. Defendants have not paid the monthly installments of
$270.00 for the months of January through June 1998 for
a total of $1620.00.
B. Defendants have not paid the monthly principal and
interest payments of $462.42 for the months of January
through June 1998 for a total of $2774.52.
8. On January 16, 1998, Defendant Lydia Stauffer issued a
check to D & F Enterprises in the amount of $300.00 but said check
2
was not honored by the bank on which it was drawn and was returned
for non-sufficient funds and Defendants have never made said check
good.
9. On February 2, 1998, Defendant John A. Bastiany issued a
check to D & F Enterprises in the amount of $1210.46 but said check
was not honored by the bank on which it was drawn and was returned
for non-sufficient funds and Defendants have never made said check
good.
10. Notices of Default were sent to each Defendant by
certified mail on March 3, 1998, copies of which are attached
hereto and marked Exhibit C and D. Copies of the return receipt
cards from the certified mail are attached hereto and marked
Exhibit E.
11. The Sales Agreement provides that an amicable action in
ejectment may be entered by sellers against buyers in the event
buyers are in default and the default is not cured within 30 days
after notice.
12. Defendants have not cured the default and continue to
default under the sales agreement.
13. All conditions precedent to Defendants liability have
Occur.red.
14. The judgment which is being sought is not being entered
by confession against a natural person in connection with a
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Sales Agreement
This agreement, made this ~ day of b.............~.". 1997 by and between D & F
Enterprises, a Pennsylvania Partnership ( herein after "Sellers" ) and John A Bastiany and
Lydia Stauffer of Camp Hill, Cumberland County ( herein after "Buyers" ).
The parties hereto, intending to be legally bound hereby agree as follows:
I. Sellers hereby agree to sell, and Buyers hereby agree to buy on the tenns
herein set forth, a single family residential dwelling and lot located at 48 Sussex
Road, Camp Hill, Lower Allen Township, Cumberland County, Pennsylvania,
(herein after "Home" ).
2. In consideration of the purchase of the home, the Buyers agree to pay to the
Sellers a sum of sixty-seven thousand dollars ($67,000.00), which shall be paid as
follows:
(a) A sum of one thousand dollars ($1,000.00) to be paid at the time of
initial settlement.
(b) A sum of three thousand dollars ($3,000.00) to be paid in twelve
monthly installments of$270.00 each month beginning on JanuaI}' 1, 1998
and payable on or before the Ist day of each month.
(c) The balance of sixty-three thousand dollars ($63,000.00) to be paid at a
monthly mortgage rate of 8.0010 per annum, and amortized over thirty year
period, such mortgage payment to be $462.42 per month ( principal and
interest), starting on Janull1)' 1, 1998, to be paid on or before the 1st day
of each month. The Buyers agree to pay an additional 5% penalty per
month (of the monthly payment) to the Sellers, should the said monthly
payment not be received by the Sellers, by the 5th of each month.
(d) At the end of the two year period, after making twenty-four monthly
payments, the entire remaining principal balance shall be due and the
Buyers shall promptly pay to the Sellers. The Buyers may pay off the
Sellers all of remaining principal sum due at anytime, withoutprepayment
penalty.
3. The Initial Settlement shall be held at 48 Sussex Rd., Camp Hill, PA on or
before December 1, 1997 or at such other time prior to this date at a place
mutually agreed upon by the Buyers and Sellers.
4. The Buyers and the Sellers shall equally divide the Real Estate Transfer Tax,
upon Final Settlement as described in paragraph 12.
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S. The Real Estate taxes and insurances shall be prorated to the date of Initial
Settlement. The Buyers shall be responsible for: paying all the Real Estate Taxes,
and premium for Fire Insurance in the amount not Jess than $67,000.00 after the
date of Initial Settlement. Further, the Buyer shall carry a Liability Insurance for a
sufficient amount and hereby agrees to indemnifY the Sellers against any liability
that may arise due to the use or existence of the home and/or surrounding grounds.
6. The Buyers agree to pay for the attorneys review fees for the final review of
this Agreement and for the Title Insurance, if applicable.
7. Possession of the property shall be given to the Buyers at Initial Settlement.
8. The Buyers agree that they are purchasing the property "As Is", and that no
representation has been made by the Sellers as to any condition with respect to the
plumbing, heating, electrical, or any other systems with regard to the
improvements on the said property.
9. Risk ofany loss of this property shall be on the Sellers upto the time of Initial
Settlement.
10. This agreement is made expressly contingent upon the written consent of the
original owners of the Home, Mr. and Mrs. Hasu P. Shall.
11. This agreement shall not be assigned to any person or entity, without the
written consent of the Sellers.
12. When the amounts set forth in paragraph 2 have been paid, a Final Settlement
sha11 be held, at which time the Sellers shall covey the property to the Buyers by
Special Warranty Deed, free and clear of all liens and encumbrances, except for
any easements or right-of-ways of record. The title sha11 be good and marketable
and such as can be insured by a reputable title company at regular rates.
13. The Buyers sha11 maintain the Home in good r~pair and the Sellers shall have
the right to enter the Home for inspection at any reasonable hour upon reasonable
notice. .
14. Any notice given under this agreement shall be in writing and mailed to the
parties at the following addresses, or to such other address as the parties shall
designate by notice:
To the Sellers:
D&F Enterprises, attn. Mr. M.U. Farooq
22 Sunfire Avenue
Camp Hill, P A 17011
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To the Buyers:
John A. Bastianyand Lydia Stauffer
48 Sussex Road
Camp Hill, PA 17011
15. In the event of any default by the buyer in any of the provisions of this
agreement, which default ifnot cured within thirty days after written notice
thereof, the remedies of the Seller shall be as follows:
(a). Retain all monies theretofore paid to SeUers by Buyers as liquidated damages
and terminate this agreement, with Buyers thereafter having no interest
whatsoever in this agreemc;nt and with all improvements made by the Buyers.
(b). Enter an amicable action in ejectment, and SeUers do hereby authorize and
empower any attorney or the Prothonotary of any court of record to appear
and confess judgment against the Buyers in such action for said premises and
authorize the inunediate issuing (without leave of court) of a writ of
possession for the amount of costs with an attorney's COmmission of $250. 00,
without stay of execution, and with all release of all errors.
16. This agreement shall be binding upon, and inure to the benefit of, the heirs,
successors and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties have executed this agreement the day and
year above written. . I" (' b',. L ..:. ~ .
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COMMONWEALTH OF PENNSYL V
COUNTY OF CUMBERLAND
On this, the /I~ay of [),fi&'!I9F~ before me, a Notary Public, personally
appeared, II &:J ,{E:. A/ /I-m(;'-IJ known to me to be the persons whose names
are subscnoed to the within instrument and acknowledged that they executed the
"""" roc Ilre '""'''''' Ilrere;n """""': ~ '
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. otary Pu~Ii~ NOTMIAl SEAL
My COll1Il1lSS10n exp emlCHAEl fl. CARA~ICI. No!ary Public
Camp Hill Bora. CUmberland Counly
My CommissIon Expires June 15,1998
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LA \II OFFICE OF
MICHAEL D.RENTSCHLER, P.c.
28 North 32nd Street
Camp Hill, PA 17011
(717) 975.912'J I':IX (717) 975.2939
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March 3. 1998
CERTlrIED MAIL
John A. Bastiany
48 Sussex Road
CampHill,PA 17011
RE: Default of S.lJ.ks A\!reement dated December I I. 1997
for Purchase of 48 Sussex Road, Camp Hill, PA
Dear Mr. Bastiany:
Please be advised that the undersigned counsel has been retained by D&F Enterprises
with reference to the Sales Agreement dated December 11, 1997 by and between D&F
Enterprises and you for the purchase of 48 Sussex Road, Camp Hill, PA. Pursuant to the
terms and conditions of the Sales Agreement, you are to make payments of $270.00 each
month payable on or before the first day of each month. The first payment was due January I,
1998. I have two checks which were made payable to the order of D&F Enterprises which
were returned for non-sufficient funds. The first check dated January 16, 1998 in the amount
of $300.00, signed by Lydia Stauffer. The second check dated February 2, 1998 payable to
the order of D&F Enterprises in the amount of $1,210.46. That check was signed by John A.
Bastiany.
Pursuant to the terms and conditions of the Sales Agreement of December 11, 1997,
you are in default of the provisions of that Agreement. The seller, D&F Enterprises, desires
to use the remedies set forth in Paragraphs 15(a) and (b) of the agreement. The terms and .
conditions of the Agreement state that the default must be cured within thirty (30) days after
written notice thereof. Consequently, please note that D&F Enterprises is hereby giving you
notice to cure the default of your payments. If the payments are not cured within thirty (30)
days of your receipt of this letter, D&F fully intends to exercise the remedies enumerated in
the Agreement.
If the checks are not made good within thirty (30) days of your receipt of this letter, my
client intends to press criminal charges against you for writing the checks in violation of 18 Pa.
C.S.A. 11 4105 of the Pennsylvania Crimes Code.
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LA \Y./ OFFICE OF
MICHAEL D.'RENTSCHLER, P.c.
28 North J2nd Street
C.Ullp Hill, PA 17011
(717) 975.9129 Fax (717) 975.2939
March 3. 1998
CERTIFIED MAIl.
Lydia Stauffer
48 Sussex Road
Camp Hill, PA 17011
RE: Default of Sales Alireement dated December I I, 1997
for Purchase of 48 Sussex Road, Camp Hill, PA
Dear Ms. Stauffer:
Please be advised that the undersigned counsel has been retained by D&F Enterprises
with reference to the Sales Agreement dated December II, 1997 by and between D&F
Enterprises and you for the purchase of 48 Sussex Road, Camp Hill, PA. Pursuant to the
terms and conditions of the Sales Agreement, you are to make payments of $270.00 each
month payable on or before the first day of each month. The first payment was due January 1,
1998. I have two checks which were made payable to the order of D&F Enterprises which
were returned for non-sufficient funds. The first check dated January 16, 1998 in the amount
of $300.00, signed by Lydia Stauffer. The second check dated February 2, 1998 payable to
the order of D&F Enterprises in the amount of $1,210.46. That check was signed by John A.
Bastiany.
Pursuant to the tenus and conditions of the Sales Agreement of December 11, 1997,
you are in default of the provisions of that Agreement. The seller, D&F Enterprises, desires
to use the remedies set forth in Paragraphs 15(a) and (b) of the agreement. The tenus and ·
conditions of the Agreement state that the default must be cured within thirty (30) days after
written notice thereof. Consequently, please note that D&F Enterprises is hereby giving you
notice to cure the default of your payments. If the payments are not cured within thirty (30)
days of your receipt of this letter, D&F fully intends to exercise the remedies enumerated in
the Agreement.
If the checks are not made good within thirty (30) days of your receipt of this letter, my
client intends to press criminal charges against you for writing the checks in yiolation of 18 Pa.
C.S.A. S 4105 of the Pennsylvania Crimes Code.
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UNITED STATES POS~AL SEAVICE
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UNITED STATES POSTAL SERVICE
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VERIFICATION
I, Durla N. Lathia, verify that I am a partner of D & F
Enterprises, a Pennsylvania Partnership, that as such
partner, I am authorized to make this verification on behalf
of D & F Enterprises, and that the statements in the within
Complaint are true and correct to the best of my knowledge,
information and belief. I understand that false statements
herein are made subject to penalties of 18 Pa. C.S. 4904
relating to unsWorn
Date: ~V1e
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fa"ifioatio~;;:e'-~L j
D raN. Lathia, Partn~ I,
D & F Enterprises ~ r..
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MOHAMMAD U. FAROOQ and
DURLA N. LATHIA, t/a
D & F ENTERPRISES
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
;
No.
C) J'. 3 'f 3 S CiuJ 'r .u,....
:
JOHN A. BASTIANY and
LYDIA STAUFFER,
Defendants
CIVIL ACTION - EJECTMENT
To: Lydia Stauffer, defendant
You are hereby notified that on L)",~ .;:LV , 1998,
judgment by confession in ejectment for possession of real property
was entered against you in the above captioned case.
DATED: (:;1",_,,-.'2 'f / C; q f' CUAL<..,,' -J! ,i/,....../ h-'
ProthonotaryO (/
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.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 240-6200
I hereby certify that the following is the address of the
defendant in the certificate of residence:
48 Sussex Road
Camp Hill, PA 170~11~
Kent H. Patterson
Attorney for Plaintiffs
221 Pine Street
Harrisburg, PA 17101
(717) 238-4100