The URL can be used to link to this page

Home My WebLink About01-05202IN THE COURT O~ COMMON PLEAS OF THE 8TH JUDICIAL DISTRICT OF PENNSYLVANIA -CUMBERLAND COUNTY William J. Elhajj and CivilAction -Law Joseph W. Elhajj, Plaintiffs v. No. C~ I~ ~ oZ.U~ r l Richard L. Webber, Jr., Defendant CONFESSION OF JUDGMENT Pursuant to the warrant of attorney contained in the Agreement for Termination of Lease dated April 30, 2000, a copy whereof is attached to the complaint filed in this action, I appear for the defendant, Richard L. Webber, Jr., and confess judgment in favor of the plaintiffs, William J. Elhajj and Jpseph W. Elhajj, and against the defendant, Richard L. Webber, Jr., for the amount $6,000.86, plus interest on the rent arrearages at the rate of 10% per annum from September 1, 2001, as authorized by Paragraph 2(a) of the Termination Agreement, together with costs of suit. Judgment entered as above this othonotary (~ 2001. ~~.,. , 4 IN THE COURT OF COMMON PLEAS OF THE 5TH JUDICIAL DISTRICT OF PENNSYLVANIA -CUMBERLAND COUNTY William J. Elhajj and Civil Action -Law Joseph W. Elhajj, Plaintiffs v. No. vi- 6.zoz C~ `~.~.- Richard L. Webber, Jr., Defendant COMPLAINT TO CONFESS JUDGMENT Plaintiffs, William J. Elhajj and Joseph W. Elhajj, by and through their attorney, Joseph A. Macaluso, by way of Complaint to Confess Judgment, allege as follows: 1. Plaintiffs, William J. Elhajj and Joseph W. Elhajj, are sui juris adults who own real estate located at 1 West King Street, Shippensburg, Pennyslvania 17257 (hereinafter referred to as the "Property"), which consists of an office building where they maintain their place of business, and part of which they lease to tenants for business purposes. 2. Defendant, Richard L. Webber, Jr., is a sui juris adult having an address at 76 North High Street, Newville, Pennyslvania 17241. 3. Defendant leased office space in the Property from plaintiffs for commercial purposes by way of Lease Agreement dated April 16, 1999 (hereinafter referred to as the "Lease"), a copy whereof is attached hereto as Exhibit A. ~ , 4. The tease term is for two years, commencing April 16, 1999, and ending April 30, 2001, at a monthly rent of $625.00 for the leased premises as stated in Paragraph 3 of the Lease, plus rent in the amount of $25.00 per month for secretarial furniture, for a total rental amount of $650.00 per month as stated in Paragraph 4 of the Lease. 5. Rental is due and payable on the 1 st day of each month of the Lease term according to Paragraph 3 of the Lease. 6. Defendant paid the monthly rental from April, 1999, through September, 1999; however, he failed to pay the monthly rental for the 6 months from October, 1999, through and including April, 2000. 7. Accordingly, plaintiffs and defendant mutually agreed to terminate the Lease on April 30, 2000, which is one year earlier than the stated term thereof, and the parties executed an Agreement for Termination of Lease for this purpose, a copy whereof is attached hereto as Exhibit B (hereinafter referred to as the "Termination Agreement"). 8. Defendant vacated the leased premises by April 30, 2000, pursuant to Paragraph 1 of the Termination Agreement, which provides that defendant is relieved from responsibility for payment of the rent for the final year of the Lease. 9. The Termination Agreement further provides in Paragraph 2(a) that defendant shall pay plaintiffs the following amounts: rent arrearages for the leased premises and secretarial furniture for the 6-month period from October 1, 1999, through and 'including March 31, 2000, at the rental of $650.00 per month, together with interest thereon at the rate of 6% percent per annum through April 30, 2000; and the rent for the month of April, 2000, in the amount of $650.00, for a total amount (seven months' rent plus interest) of $4,642.62 due as of April 30, 2000. 10. Defendant was also granted the option in Paragraph 2(a) of the Termination Agreement to pay plantiffs the aforesaid sum at any time on or be#ore 5:00 p.m. on October 31, 2000, provided that interest would accrue on the outstanding and unpaid balance at the rate of 10% per annum from May 1, 200Q until the entire sum is paid in full. 11. Paragraph 2(b) of the Termination Agreement contains a warrant of attorney to confess judgment in the plan#iffs' favor and against defendant, as follows: "(b) Lessee further acknowledges and warrants to Lessor that this transaction is not a consumer credit transaction within the meaning of and for purposes of Rule 2950 of the Pennsylvania Rules of Civil Procedure, because the purpose of this transaction is not primarily for personal, family or household purposes, but rather the purpose of this transaction is primarily for cgmmercial purposes. If Lessee fails to pay the seven months' rent plus interest and any additional charges due hereunder, in full, when due on or before October 31, 2000, as required above, then the prothonotary or any attorney of any court of record is hereby authorized to appear for the Lessee and to confess judgment for money damages forfailure #o pay said rent, late charges and/or any other charge hereunder, together with costs of suit and reasonable attorneys fees on which judgment or judgments one or more executions may issue forthwith upon failure to comply with any of the terms and conditions of this lease. In addition, if Lessee fails to vacate the leased premises by 5:00 p.m. on April 30, 2000, as required in Paragraph 1. above, then the prothonotary or any attorney of any court of record is hereby authorized to appear for the Lessee and to confess judgment in ejectment against Lessee and in favor of Lessor for the premises, and the Lessee further authorizes the immediate issuance of a writ of possession or, by a District Justice, an order of possession, waiving any notice, hearing, stay of execution or setting aside of any execution based on any exception, immunity or any Federal or state statute, as well as any defect in the order, writ of service and any o#her legal or equitable grounds and further expressly waives all notice to remove. The provisions of this paragraph shall survive the termination of the Lease." 12. Defendant has defaulted in his obligations under the Lease and the Termination Agreement, by failing to pay the rent and interest as set forth above. 13. Plaintiffs through their attorney wrote to defendant on Novamber 3, 2000, requesting payment, but received no response (copy ofi letter attached hereto as Exhibit C). 14. Defendant has not cured the default, and no judgment has been entered as to the Lease, in any jurisdiction. 15. The following amounts are due to plaintiffs under the Termination Agreement: Month October, 1999 November, 1999 December, 1999 January, 2000 February, 2000 March, 2000 April, 2000 6% interest ($0.111day) Rent for from second day of leased premises month through and furniture April 30.2000 Subtotal $650.00 212 days = $23.32 $673.32 $650.00 181 days = $19.91 $669.91 $650.00 151 days = $16.61 $666.61 $650.00 120 days = $13.20 $663.20 $650.00 89 days = $9.79 $659.79 $650.00 60 days = $6.60 $656.60 $650.00 29 days = $3.19 $653.19 Calculation of rent and interest due as of April 30, 2000 Interest ~ 10% from May 1, 2000 through August 31, 2001 ($1.2464/day) Attorney's fees TOTAL $4,642.62 $ 608.24 750.00 $6,000.86 WHEREFORE, plaintiffs respecffully request that judgment be entered in their favor and against defendant Richard L. Webber, Jr. in the amount of $6,000.86, plus interest on the rent arrearages at the rate of 10% per annum from September 1, 2001, as authorized by Paragraph 2(a) of the Termination Agreement, together with costs of suit. Sup eme Court I.D. No. 38262 tto ney for Plaintiffs 96 4 Rowe Run Loop Shippensburg, PA 17257 FROM MRCRUUSO FR}{ N0. :7175324832 Rug. 30 2001 02:14PM FLT VERIFICATIDN We verify that the statements made in Phis Complaint are true and accurate td the best of our knowledge, information and belief. 1lVe understand that {f any false statement were made heroin that we are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsificatie critics. ~V Willie jj Joseph W. Elhajj q lb, 1999.. to April 3Q, 1994, LESSEE aball pey the awn of end 5W1Q0 ($ 312.50) DOLLARS. tt~~~ i deposit of ~ 625.00 es o~ the s of ~ ~• each; ._._.d '. L.. . ~~' tp Such ~' - I i i=f"='-+ii uuin+v,q napninr ni+ui.~a.yry~pu ,~ ., T rm ._ "~_.r.___ _L_~s~1.. ..~'..wwir Na ~~m ef~'}~1N 'flfFlA'tlAPS~~:~Wl 1A7~ 1H~o !~" ~tipl' ~gptm+al. All. a~terada~ , fi~ ~ at"lei W aF~ ~Q . :S ~ 8t.~i •41tB S!f t~iC }~~$, t0 ~1C _ AAd T~UIdtlOAS. ~~ a r ~. ~. xu nz ui [-uT~yy'i~°imP a~w inri~in~~~i l ' ~"i~n~'aa~n, per _ _ _ _ _ _ A~ ~ ~ . • ~~ ,. '~~"~~"4 ~~ a!T-N~9^k.AdrVM1Pff~M9PE n en nmt~senRrra i~nm..~ ;~.1 It~11 ~, t •••m..~s¢i tmmc~'n~~"+ixRu, IAA. _ It+i.YA~nI~^~5Jia1MA1~A~pIN#~ - _ . _ _ _ _ _ - - ~,~ ~ ~ .i d that La~a4 shall harry F1~mdred Fgr-y-Two atertnlnativn ot.pw d4n~et theraph.~p1. of ten (1096) p~cant pu the engn #tn~ Nt Patd in N Int. #M! ~ lt- 4arin to m~ their aonemant; f. 'III oap; ,. .~ , , , ., ~l ,'dPl iMMeralt as etoraedd, in tha amount.of Four ,612.6 as cglwleitad and s~ t~adh,in Gp811 ate; pe dua to leaaoa at -ha d4aa ahaU l~n-the oRUon to poy l.ons InA 5d10 p.m. on October 81, ?AQQ, r,~a an tM oulatandina and unPa~d! mmnce gum aommanGlnO on MaY 1, 201, and for haa~n2, atay,oi,~ °r An, bnmun6y or any Federal or' 01' ~arvia and erry oq-a~' tya an nollaa 1o rampw. The atlan of the Leaea, .~, ~- ~ n C....,~ VYUIie 'y ; Ceaaw Rieluird ~.1fl~bb~~ Jr., l~.esaes a ~ ~ r i --.,-.,«~ ,~, ,::N:..-s~aa~u. Dui"`~Ilswma!anpe. ._ -,. , , ~• ',~ ~r 0~ L•aAat ~'~i, wb#-#nda~lp-g Jpaph F.pug and WAliem F.uugj, I,a~r, aadJifclM~f ~.. fir, J[. PG. o16g1<apa61 Igcl ~ ~ yyy~t 19np ~r4e6, ~IPPola4unie PA f 7267 8961nIP-a~ (58.17/day) ~~ ~t~om sacprdf dear W 9 ~,,- ~o s~2day~t-=s2aa2 Ss7a.a2 - } ~ ~'. 181 days ~* S1B.81 1668.91 r~ _.~ 161 d~tAs~! 118,61 SB66.61 ~~ :~0 1201>+~518.~Q 5&.20 k~ S 89 dpi` ~* x.78 S86Y.70 . ,., ~ y ~~~ ~ ~ ~ -~ ~~ c s ~; ~ ~~ r= w 4 s -., ~~s_xdi-i-?ss.s ~reanw.~e=*:::r;;xpn~wSNY~t'~?:m4idth*"~'Fn 3s'r d~T.:~s _::, s ~ ,:>:~-. .~.~:--•.. ~ t~:-~: •..~.; 1'.w a zrn:~c4N~s.}F, ~.