HomeMy WebLinkAbout01-04937Y
BROADUS ALLEN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. :CIVIL ACTION -LAW
WILLIAM E. MARTIN, : N0.2001- L ~ ~~'7 CIVIL TERM
DEBRA MARTIN,
Defendants :CONFESSION OF JUDGMENT
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
defendants and confess judgment in favor of the plaintiff and against the defendants as
follows:
Principal sum $10,817.00
Interest 360.00
Attorney's fees 500.00
TOTAL $11,677.00
(/fac eline M. Verney, Esquir #23167
44 South Hanover Street
Carlisle, PA 17013
(717)243-9190
Judgment entered as above this ~ day of 2001
OTHONOTAR ~
BROADUS ALLEN,
Plaintiff
v.
WILLIAM E. MARTIN,
DEBRA MARTIN,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
CIVIL ACTION -LAW
N0.2001-
CIVIL TERM
:CONFESSION OF JUDGMENT
COMPLAINT FOR CONFESSION OF JUDGMENT
AND NOW, comes, Broadus Allen, Plaintiff, by and through his attorney,
Jacqueline M. Verney, Esquire and files this Complaint pursuant to Pa.R.C.P. No.
2952(a) for judgment by confession and in support thereof avers the following:
The Plaintiff is Broadus Allen, an adult individual, whose address is P.O.
Box 775, New Kingstown, PA 17072.
2. The Defendants are William E. Martin and Debra Martin, adult
individuals, husband and wife, whose address is 107 Big Spring Avenue, Newville, PA
17241.
3. The Plaintiff and Defendants entered into an Installment Sales Agreement
on February 22, 2000, a true and correct copy of which is attached hereto and made a part
hereof as Exhibit "A." Said Agreement provides for the defendants to occupy the
premises at 107 Big Spring Avenue, Newville, Pennsylvania in exchange for monthly
payments in the amount of $1036.00. The Agreement further provides for the filing of a
Confession of Judgment in the event of default.
4. This Confession of Judgment is not being entered against a natural person
in connection with a consumer credit transaction.
_~~~ .
The instrument has not been assigned.
6. Judgment has not been entered on this written instrument in any other
jurisdiction.
Defendants are in default of the instrument in that they haue failed to
make the required monthly payments in the amount of $1,036.00, and are in arrears in the
amount of $10,817.00.
Defendants are also liable for attorney's fees in the amount of 5% of the
unpaid balance. Plaintiff seeks reimbursement of attorney's fees in the amount of
$500.00.
9. Defendants have failed to make the payments as set forth in Exhibit "B"
attached hereto and made a part hereof.
10. Plaintiff is entitled to judgment in the amount indicated on Exhibit "B"
and such continuing monthly amounts and attorney's fees.
11. Plaintiff demands confession of judgment against Defendants.
WHEREFORE, Plaintiff prays that a confession of judgment be entered against
Defendants.
Respectfully submitted,
~ac eline M. Verney, Esqu e #23167
44 South Hanover Street
Carlisle, PA 17013
(717)243-9190
Attorney for Plaintiff
:: ~~.
tea,.
EXHIBIT "A"
INSTALLMENT SALES AGREEMENT
ENTERED INTO, This~a^~f day of F~a _, 2000.
BETWEEN BROADUS ALLEN, single man, of Baltimore, Maryland, hereinafter
known as Seller,
AND
WILLIAM E. MARTIN and DEBRA MARTIN, husband and wife of New
Kingstown, Cumberland County, Pennsylvania, hereinafter known as Purchaser,
WITNESSETH: That the said Seller, in consideration of the terms and conditions
hereinafter mentioned and contained, agrees to grant and convey unto the said Purchaser,
their heirs and assigns,
ALL THAT CERTAIN tract or parcel of land situate in the Borough of Newville,
County of Cumberland, Commonwealth of Pennsylvania, known and numbered as 107
Big Spring Avenue, Newville, Cumberland County, Pennsylvania
IN CONSIDERATION WHEREOF, the said Purchaser agrees to pay to the said Seller
therefor, the sum of Ninety-three Thousand ($93,000.00) Dollars, as follows:
(1) $4,650.00 at or before closing.
(2) the balance of $88,350.00 in monthly installments of $ 783.51 Dollars, said monthly
installments to be applied first to interest at the rate of TEN and One hundred twenty-
five hundredths (10.125%) per cent per annun on the unpaid balance of principal,
based on a thirty year mortgage, said monthly installment to be paid on or before the
is` day of each month, beginning March 25, 2000 and thereafter on or before the 1"
day of each succeeding month until principal and interest have been fully paid,
except that, if not sooner paid, the said principal and interest shall be paid in full
by February 25, 2002, anything herein contained to the contrary
notwithstanding. Purchaser further agrees to pay the full principal and interest then
owing in the event that the present mortgage is called by the mortgage company.
Payments more than 15 days late shall be subject to and shall accrue a late charge of
five percent (5%) of the monthly payment set forth above.
In addition to the said monthly installments on account of purchase price and interest
thereon, the said Purchaser agrees to pay to Seller the amount of $ 254.49 monthly
representing 1/12 of all property taxes, homeowners insurance, and property management
fee presently assessed and escrowed by Sellerfor a total monthly payment of $1036.00).
Seller agrees to pay all taxes levied against the property and provide paid receipts to
P
Purchaser within five days of receipt of same by Seller. Purchaser further agrees to pay
all municipal assessments, utility charges, make all necessary repairs to the premises.
The Purchaser shall have the privilege of pre paying the amount of the loan principal
and interest as desired, and nothing contained in this Agreement shall be construed to
limit reduction of principal to said amount. Interest shall be computed on the unpaid
balance.
All payments shall be made to the Seller at whatever address is designated in writing,
and until further notice to Karen Coon, 398 East High Street, Carlisle, Pennsylvania
17013.
It is also agreed between the parties hereto that possession of the said premises shall
be delivered to the said Purchaser on February 22, 2000, and that said Purchaser shall be
entitled to receive rents, issues, and profits from said date of delivery of possession,
subject to the conditions herein set forth.
The Purchaser agrees not to make any substantial alteration of the condition of the
premises or of the buildings thereon erected without first securing the written consent and
approval of the Seller.
Taxes for prior years have been paid. Taxes for the current year shall be pro-rated
between the parties. When legal title is taken by the Purchaser, Purchaser shall pay the
entire State and Local Realty Transfer Taxes then in effect. Purchaser further agrees to
pay all closing costs attributable to Seller upon the transfer of legal title.
Seller agrees that the title to said property shall be maintained free and clear of any
encumbrances except for the existing mortgages, throughout the term of this agreement.
In the event that Seller default in making any payments which may be required in
connection with any such mortgage or other encumbrance, the Purchaser shall have the
privilege of applying any sums payable pursuant to this agreement to such encumbrance
holder.
Seller agrees that so long as the present agreement is in force and Purchaser is not in
default of any provisions hereof, Seller will not sell, transfer or assign the property.
Upon compliance with the foregoing terms and conditions and payment of the said
purchase price in full by the Purchaser, a good and sufficient deed for the proper
conveying and assuring of the said premises, in fee simple, free from all encumbrances,
subject only to easements and restrictions, visible or of record, such conveyance to
contain the usual covenants of special warranty.
If this property is conveyed to a third party at the request of the Purchaser, then all
realty transfer taxes on such conveyance shall be paid by such third party and the
Purchaser as they may agree, and none shall be paid by the Seller. If Purchaser decides
to transfer said property, Purchaser agrees to list said property with Karen Coon of
Century 21 Associates, Coon & Co. at 6% commission.
In the event the said Purchaser shall fail to make any monthly payment for a period of
thirty (30) days after the same shall have become due and payable by the terms hereof, or
if a breach of any of the foregoing conditions be made by the said Purchaser, then and in
such case the Seller shall give Purchaser written notice of;such default and Purchaser
shall have ten (10) days to cure said default. If the default is not cured within the ten (10)
day period, then, at the option of the Seller, this Agreement shall become null and void
and the said Purchaser shall forfeit all monies then paid as liquidated damages,
representing the fair rental value of the property during the time the same shall have been
occupied by the Purchaser. Purchaser shall thereupon forfeit any and all rights and
vacate the property immediately.
If default shall be made in the payment of any monthly payment for a period of thirty
(30) days and the ten (10) day grace period then and in such case, the unpaid monthly
amount shall become due and payable at once and may be collected by suit or otherwise,
and the Prothonotary or any attorney of any court or record of Pennsylvania or elsewhere
is hereby authorized and empowered to appear for and confess judgment against said
Purchaser and in favor of the Seller for the unpaid monthly amounts that are in arrears,
together with interest, costs of suit, release of errors, attorney's commission of five
percent and waiving inquisitions and exemptions.
Upon breach of any of the covenants or conditions of the Agreement, or upon its
voluntary termination or termination by forfeiture, the Prothonotary or any attorney of
any Court of Record of Pennsylvania, is hereby authorized to appear for and to confess
judgment in an amicable action of ejectment against the said Purchaser and in favor of
the said Seller for the premises herein described, and to direct the immediate issuing of a
Writ of Possession with Writ of Execution for costs, waiving all irregularities, without
notice and without leave of court, and with 5% of the unpaid principal balance added as
reasonable attorney's fee.
Acceptance by the Seller of any of the aforesaid monthly payments after the same
shall have become past due and in default, or any failure to enforce any of the rights
herein reserved to the Seller, or any of the penalties, forfeitures, damages or conditions
herein contained, shall not in any way be considered a waiver of the right to enforce the
same at any time without notice whatsoever, and any attempt to collect the amount due
by one proceeding shall not be considered a waiver of-the right to institute any of the
other proceedings herein provided, but all of the rights of the Seller, and all forfeitures,
penalties, damages and conditions may be enforced together or successively at the option
of the Seller.
No modification of this Agreement shall be binding upon the Seller, unless the
same shall be in writing and duly approved by the Seller.
fihe interest of the Purchaser in this Agreement shall not be assignable, in whole
or in part, without the prior written consent and approval of the Seller, and if such
assignment is attempted, all rights and remedies of the Seller set forth herein or which the
Seller may otherwise have, shall immediately accrue to the Seller. Transfer of title by
Will, survivorship, or by descent shall not be regazded as ari assignment requiring the
consent and approval of the Seller.
This Agreement is to extend to and be binding upon the heirs, successors,
executors, administrators, and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, by
their signature, the day and year first above written.
WITNESS: ~ V
Commonwealth of Pennsylvania
County of Cumberland
ss
l~n this the day of , 2000, before me, the undersigned
officer, personally appeared Broadus Allen, and William E. Martin and Debra Martin,
husband and wife, 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 official seal.
l~
B S ALLEN, Sel er
EXHIBIT "B"
Payment Due Date: Amount due
3/25/00 $1036.00
4/25/00 1036.00
5/25/00 1036.00
6/25/00
7/25/00
8/25/00
9/25/00
10/25/00
11/25/00
12/25/00
1/25/01
2/25/01
1036.00
1036.00
1036.00
1036.00
1036.00
1036.00
1036.00
1036.00
1036.00
Amt. pd. Late fee Balance due
$1036.00 0 0
800.00 $ 236.00
$1,272.00
460.00 (6/4/00) 812.00
256.00 (6/12/00) 556.00
262.00 (6/19/00) 294.00
51.80 345.80
100.00 (6/27/00) 245.80
1,281.80
200.00 (7/3/00) 1,081.80
260.00 (7/10/00) 821.80
260.00 (7/17/00) 561.80
51.80 613.60
80.00 (7/24/00) 533.60
1,569.60
309.00 (8/8/00) 1,260.60
51.80 1,312.40
2,348.40
850.00 (9/1/00) 1,498.40
51.80 1,550.20
2,586.20
750.00 (10/3/00) 1,836.20
51.80 1,888.00
2;924.00
750.00 (11/8/00) 2,174.00
51.80 2,225.80
3,286.80
51.80 3,338.60
4,374.60
1,500.00 (1/16/0 1) 2,874.60
3,910.60
51.80 3,962.40
4,998.40
760.00 (2/26/01) 4,238.40
51.80 4,290.20
3/25/01 1036.00 5,326.20
51.80 5,378.00
4/25/01 1036.00 6,414.00
51.80 6,465.80
5/25/01 1036.00 7,501.80
51.80 7,553.60
6/25/01 1036.00 8,589.60
51.80 8,641.40
7125/01 1036.00 9,677.40
51.80 9,729.20
8/25/01 1036.00 10,765.20
51.80 10,817.00
VERIFICATION
I verify that the statements made in the within Confession of Judgment are true
and correct based on information received. I understand that false statements herein are
made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unsworn falsification to
authorities.
Dated: ~~°'['d~0 ~ /h' r^"-„-*-ti
acq e~Verney, Esquire