HomeMy WebLinkAbout03-5196Leslie Adams,,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 03- ,3~! ';i~, CIVILTERM
Thomas Aponte and Lisa Aponte,
Defendants
: CIVIL - LAW
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, I appear for the defendants and
confess judgment in ejectment in favor of the plaintiff and against the defendants for
possession of the real property described as follows:
ALL THAT CERTAIN lot of ground situate in the Fifth Ward of the Borough of Carlisle,
Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point on the West side of Factory Street, which point is two
hundred forty (240) feet South of "A" Street; thence along lot now or formerly of Mary V.
Herman, North eighty-three (83) degrees Forty-one (41) minutes West, a distance of
One hundred eighty and five-tenths (180.5) feet to a post on an ally; thence along said
ally South six (6) degrees seven (7) minutes West, a distance of Fifteen and four tenths
(15.4) feet to a post; thence along lot now or formerly of Joseph Dewalt, South Eighty-
three (83) degrees four (4) minutes East, a distance of Ninety-six and nine tenths (96.9)
feet to a point; thence along the same, South Eighty-three (83) degrees Fifty-two (52)
minutes East, a distance of Eighty-three and four tenths (83.4) feet to a point on Factory
Street; thence along said Factory Street, North six (6) degrees thirteen (13) minutes
East fifteen and nine tenths (15.9) feet to a point, the place of BEGINNING.
BEING improved with a two-story frame dwelling house known and numbered as
434 Factory Street, and garage.
Attorney for Defendants
Leslie Adams,
Plaintiff
V4
Thomas Aponte and Lisa Aponte,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 03- ,3'~ '~, CIVIL TERM
:
: CIVIL - LAW
COMPLAINT IN EJECTMENT- CONFESSION OF JUDGMENT
AND NOW COMES the Plaintiff, Leslie Adams, by and through his attorneys,
TURO LAw OFFICES, and does respectfully represent the following:
1. Plaintiff, Leslie Adams, is an adult individual currently receiving mail at 917 W
Louther Street, Carlisle, PA 17013.
2. Defendants Thomas and Lisa Aponte are adult individuals currently residing at
434 Factory Street, Cadisle PA 17013.
3. On July 26 2002 Plaintiff and Defendants entered into an installment sale
contract (hereinafter Contract) regarding a property known and numbered as 434
Factory Street, Carlisle PA. (The original Agreement is attached and marked
Exhibit A)
4. A legal description of the property is attached and marked Exhibit B.
5. The terms of purchase in the Contract required payment of two thousand five
hundred dollars and then four hundred ninety-five dollars and sixty-nine cents per
month until final settlement, scheduled to occur on or before August 1,2003.
6. The Defendants breached the Contract by failing to meet for final settlement
required in paragraph 2.
7. The Defendants did not inform Plaintiff that they could not obtain financing thirty
days prior to final settlement as required by paragraph 13 of the Contract.
8. The Defendants are in default of the terms of the Contract.
SALE AGREEMENT
AND NOW, this Agreement made this c~(~ dayof
,2002,
by and between LESLIE ADAMS, of CARLISLE, Pennsylvania, (hereinaffer referred to as
"Seller"),
THOMAS & LISA APONTE, of
"Buyers").
AND
Reading, Pennsylvania, (hereinafter referred to as
WITNESSETH:
That Seller in consideration of the covenants and agreements hereinafter contained
on the part of Buyers to be kept and performed, agrees to sell and convey unto the said
Buyers, their heirs and assigns, all the land and premises known and numbered as 434
Factory Street, Carlisle, Pennsylvania and described more fully as set forth in Exhibit "A"
which is attached hereto and incorporated herein.
1. TERMS OF PURCHASE: Buyer agrees to pay to Seller the total sum of
FOURTY NINE THOUSAND NINE HUNDRED 00/100 ($49,900.00) DOLLARS payable as
follows:
The sum of TWENTY FIVE HUNDRED 00/100 ($2500.00) Dollars no later than
AUGUST 28, 2002.
The sum of FOUR HUNDRED NINETY-FIVE 69/100 ($495.69) Dollars per month,
due on the first (1st) day of each month with the first payment due on AUGUST 1, 2002.
Said money will be applied towards principal and interest in accordance with the attached
payment schedule as set forth in Exhibit "B" which is attached hereto and incorporated
herein.
2. SETTLEMENT: It is agreed that final settlement for the transfer of this
property will occur on or before AUGUST 1, 2003, at which time the Buyer shall pay the
balance owing in accordance with the Payment Schedule as set forth in Exhibit "B" and the
Seller shall provide the Buyers a properly drawn and executed Special Warranty Deed
providing Buyers with fee simple title, clear of any liens, encumbrances or judgments of
any kind whatsoever and by providing such title as would be insurable by a licensed title
insurance company, with exceptions. It is incumbent upon the Buyer to initiate the loan
application process with a lender at least ninety (90) days prior to final settlement to ensure
timeliness.
3. TRANSFER TAXES: Real estate transfer taxes shall be paid equally by
Seller and Buyers at the time of the final settlement as set forth herein with each party
paying ONE (1%) percent of the tax due.
4. POSSESSION: Possession of the demised premises shall be given to
Buyers on JULY 29, 2002.
5. TAXES AND ASSESSMENTS: Taxes, rents, water and sewer rents and all
other periodic claims and charges upon the above described premises shall be apportioned
at the time of possession unless otherwise set ';~orth herein. All prior assessments shall be
the responsibility of Seller and all future assessments shall be the [esponsibility of Buyers.
6. INSPECTION: It is understood that Buyers or their representative have
inspected the property or hereby waive their right to do so and are not relying upon the
representation of Seller or their agents or representatives. Any inspections requested by
the Buyers shall be completed prior to possession.
7. HAZARD INSURANCE: As of the date of the execution of this Agreement,
Buyer agrees to purchase and maintain fire and extended hazard insurance on the
demised property with Seller's name listed as an additional payee as his interest may
appear.
8. CONDITION OF PREMISES: Buyer further covenants and agrees that they
will, until final settlement herein, maintain the premises in as good condition and repair as
at present. In the event of default in this condition, in addition to the other remedies
reserved to the Seller, Buyer promises and agrees to pay the cost of restoration thereof to
such condition at time of possession. The remedies of Seller hereinafter set forth to
proceed in assumpsit or in ejectment for possession shall be deemed to be cumulative and
not alternate remedies and a proceeding by the Seller to collect damages arising out of
failure to maintain the premises shall not be deemed an ejectment of remedy borrowing a
subsequent ejectment proceeding.
9. DAMAGES: In the event that Seller, after default hereunder, elects to
recover possession of the property, the amount paid under this Agreement shall be
deemed to be forfeited as liquidated damages and reasonable and acceptable rental value
and Seller shall have the right to recover as additional damages for possession of said
property after default the amount of the agreed monthly payments above set forth until
possession is given to Seller and the Buyer confess judgment in assumpsit for such sum
and agree that said judgment shall be collected by execution issued thereon.
10. DEFAULT: It is further understood and agreed that in case of default of the
payment of any sum of principal or interest herein agreed to be paid for the space of TEN
(10) days after the same shall become due and payable by the terms hereof, or the breach
of any other of the terms of this Agreement, then in such case the whole of the said
prir~cipal sum shall, at the option of the Seller, become due and payable. Further, in such
case of default, the Buyer hereby authorizes and empower any attorney of any court of
record to appear for them and confess a judgment for the whole principal sum and interest
remaining unpaid thereon with TEN (10%) percent attorney's commission or fees added;
hereby waiving the right of exemption and inquisition so far as the land herein described
and any property or building thereon may be concerned; or the Seller may, at their option,
proceed by action of ejectment on this Agreement after default has been made as
aforesaid for the recovery of the land herein conveyed; and in such the Buyer hereby
authorizes and empower any attorney of any court of record to appear for them in an
amicable action of ejectment for the premises above described to be entered by the
Prothonotary in which Seller shall be Plaintiff and Buyer shall be Defendant and confess
judgment therein in favor of Plaintiffs and against Defendants for the said premises and
authorize the immediate issuance of a writ of possession (without asking leave of court)
with clause for the cost and TEN (10%) percent attorney's commission or fee, waiving all
stay and exemption laws. It is further agreed that any and all amounts paid as to principal
and interest shall be deemed reasonable and acceptable rent and the Buyers are not
entitled to a refund of any such sums paid.
11. ENCUMBERING PROPERTY: Seller shall have the right to encumber the
demised premises up to the value or amount of their remaining balance due and owing to
them from Buyer under this Agreement.
12. ASSUMPTION OF LEASE, CONTRACTS, AND SECURITY DEPOSITS:
The parties hereto agree that at the time of the signing of this Agreement, the Buyer shall
accept, assume, and perform all the terms and conditions of the leases now encumbering
said property, as well as any other contracts pertaining to the property as well as receiving
all security deposits currently held by the Seller on said property, if any.
13. EXTENSION OF TERMS: In the event that the Buyer is unable to obtain
financing to complete final settlement as required under paragraph 2 above, the Buyers
shall inform the Seller of said lack of financing Thirty (30) days prior to final settlement.
The Seller, at the Seller's option, may provide an extension of the terms of this Agreement
for an additional period of ONE (1) year under the same terms and conditions outlined
above, In no event will this Agreement extend for a period beyond ONE (1) year from the
time of the signing of this Agreement. In the event that Seller is unable or unwilling to
extend the terms of this Agreement by ONE (1) year, the Buyers may remain in the
property as tenants-at-will on a year to year basis.
IN WITNESS WHEREOF, the said parties to this Agreement have hereunto set their
hands and seals the day and year first above written.
WITNESS:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
· SS
On the day of ~ ,2002, before me, a Notary
Public of the State and County aforementionl~d, personally appeared THOMAS APONTE
and LISA APONTE, known to me to be the persons whose names are subscribed to the
within document, and acknowledge that they executed the foregoing for the purpose
therein contained.
IN WITNESS WHEREO~/~y,
No~;~'ubric ' / \J
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
hand and Notarial seal.
Notarial Sea] [
Lisa M. Gre~sOn, Notary Publtc /
Carlisle Boro, Cumberland County /
l My Commission Expires Sept. 9, 2002..[
· SS
On the /.~'r"day of ~:)-/- ' , 2002, before me, a Notary
Public of the State and County aforementior~ed, personally appeared LESLIE ADAMS,
known to me to be the person whose name is subscribed to the within document, and
acknowledge that he executed the foregoing for the purpose therein contained·
Notary Public
* NOTARIAL SEAL
Carol S. McKge, NOtQI7 PUbliC
Sou~ Mlddleten Twp. C.n~be~
My Comr~sslon Expires Sep,
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of ground situate in the Fifth Ward of the Borough
of Carlisle, Cumberland County, Pennsylvania, bounded and described as
follows:
BEGINNING at a point on the West side of Factory Street, which point is
two hundred forb/(240) feet South of "A" Street; thence along lot now or formerly
of Mary V. Herman, North eighty-three (83) degrees Forty-one (41) minutes
West, a distance of One hundred eighty and five-tenths (180.5) feet to :a post on
an alley; thence along said alley South six (6) degrees seven (7) minutes West, a
distance of Fifteen and four tenths (15.4) feet to a post; thence along lot now or
formerly of Joseph Dewalt, South Eighty-three (83) degrees four (4) minutes
East, a distance'of Ninety-six and nine tenths (96.9) feet to a point; thence along
the same, South Eighty-three (83) degrees Fifty-two (52) minutes East, a
distance of Eighty-three and four tenths (83.4) feet to a point on Factory Street;
thence along said Factory Street, North six (6) degrees thirteen (13); minutes
East fifteen and nine tenths (15,9) feet to a point, the place of BEGINNING,
BEING improved with a two-story frame dwelling
numbered as 434 Factory Street, and garage.
house known and
EXHIBIT
First Payment Date:
Initial Principal:
Schedule Length:
Interest Rate:
Payment:
Total Monies:
08/01/2002
$ 49,900.00
220 payments
10.0000% per year compounded Monthly
based on 360 day years
$ 495.69 Monthly
$ 109,051.80
See the end of this schedule for descriptions of applied
adjustments.
An asterisk in the '#' column marks an adjustment. Ail
adjustments are applied to principal.
Additional payments for all schedules except those with daily
compounding based on actual years are effective on the same day
as the regular payment immediately preceding it, except for annual
payments where additional payments are effective on the day of the
compounding period immediately preceding it.
# Date Payment Principal
1 08/01/2002 $ 495.69 $ 79.86
2 09/01/2002 $ 495.69 $ 80.52
* 09/01/2002 $ 2,500.00 $ 2,500.00
3 10/01/2002 $ 495.69 $ 102.03
4 11/01/2002 $ 495.69 $ 102.88
5 12/01/2002 $ 495.69 $ 103.73
6 01/01/2003 $ 495.69 $ 104.60
Interest
$ 415 83
$ 415 17
$ 0 00
$ 393 66
$ 392 81
$ 391 96
$ 391 091
TOTAL INT~EREST PAID FOR 2002: $ 2,400.53
Balance
$ 49,820.14
$ 49,739.62
$ 47,239.62
$ 47,137.59
$ 47,034.72
$ 46,930.98
$ 46,826.39
# Date Payment Principal
7 02/01/2003 $ 495.69$ 105.47
8 03/01/2003 $ 495.69 $ 106.35
9 04/01/2003 $ 495.69$ 107.24
10 05/01/2003 $ 495.69 $ 108.13
11 06/01/2003 $ 495.69S 109.03
12 07/01/2003 $ 495.69$ 109.94
13 08/01/2003 $ 495.69$ 110.85
14 09/01/2003 $ 495.69$ 111.78
15 10/01/2003 $ 495.69$ 112.71
16 11/01/2003 $ 495.69$ 113.65
17 12/01/2003 $ 495.69$ 114.60
18 01/01/2004 $ 495.69$ 115.55
Interest
$ 390.22 $
$ 389.34 $
$ 388.45 $
$ 387.56 $
$ 386.66 $
$ 385.75 $
$ 384.84 $
$ 383.91 $
$ 382.98 $
$ 382.04 $
$ 381.09 $
$ 380.14 $
Balance
46,720.92
46,614.57
~6,507.33
46,399 20
46,290 17
46,180 23
46,069 38
45,957 60
45,'844 89
45,731 24
45,616 64
45,501 09
TOTAL INTEREST PAID FOR 2003: $ 4,622.99
# Date Payment Principal
19 02/01/2004 $ 495.69 $ 116.51
20 03/01/2004 $ 495.69 $ 117.49
21 04/01/2004 $ 495.69 $ ~n Ar
22 05/01J2004 $ 495.69 $ ~ EXHIB~
23 06/0~/2004 $ 495.69 $ ~
24 07/01/2004 $ '495.69 $p~ ~
Interest Balance
,379.18 $ 45,384.58
378.20 $ 45,267.09
377.23 $ 45,148.63
376.24 $ 45,029.18
375.24 $ 44,908.73
374.24 $ 44,787.28
LEGAL DESCRIPTION
ALL THAT CERTAIN lot of ground situate in the Fifth Ward of the Borough
of Carlisle. Cumberland County, Pennsylvania bounded and desddb~d aC
follows:
BEGINNING at a point on the West side of Factory Street, which point
two hundred'forty (240) feet South of "A" Street: thence .along lot now or fdrmedy
of Mary V. Herman, North eighty-three (83) degrees Forty-one
West, a distance of One hundred eighty and five-tenths (180.5)fe~t td ~! post on
· a..n alle~';'thence along said alley South six (6) degrees seven (7) mir~bt'e~'
dlstance'7of Fifteen.and four tenths (15.4) feet to a post; thence' albng
formerly of Joseph Dewalt. South Eighty-three (83) degrees four (4) rrfinbtes
East, a distance'of Ninety-s~x and nine tenths (96.9) feet to a uoint: the'nde a Idhg
the' same, 'South Eighty-three (83) degrees Fifty-two (5.2) minutes,' Ea'st;.
distance'of Eighty-three and four tenths (83.4) feet to a point off' Fa~tbd/:S'trebtl
thence alodg Said Factory Street. North six (6) degrees thirteen (13)rriinotes
East fifteen and nine tenths (15.9) feet to a point, the place of BEGINNING.
BEING improved with a two-story frame dwelling house known and
numbered as 434 'Factory Street and garage.
AFFIDAVIT OF RESIDENCE
I HEREBY CERTIFY THAT to the best of my knowledge and belief, the current
residence of Thomas Aponte and Lisa Aponte is 434 Factory Street, Carlisle, PA 17013.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE,
INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN
MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904
RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES.
TURO LAW OFFICES
!o- I -03
Date
Daniel D. Worley, Esquire
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
, ~ SHERIFF'S RETURN -
CASE NO: 2003-05196 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ADAMS LESLIE
APONTE THOMAS
VS
ET AL
REGULAR
CPL. MICHAEL BARRICK
Cumberland County,Pennsylvania,
says, the within COMPLAINT - EJECTMENT
APONTE THOMAS
DEFENDANT , at 1626:00 HOURS, on the
at 434 FACTORY STREET
CARLISLE, PA 17013
THOMAS APONTE
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
2nd day of October , 2003
by handing to
a true and attested copy of COMPLAINT - EJECTMENT
NOTICE-RULE 2973.2 OF JUDGEMENT & EXECUTION
CONF OF JUDG IN EJECT,CONF OF JUDG
and at the same time directing His attention to the contents
together with
thereof.
Sheriff's Costs:
Docketing 18.00
Service 3.45
Affidavit .00
Surcharge 10.00
.00
31.45
Sworn and Subscribed to before
me this ~- day of
~ ,..~ aV3_~ A.D.
Prothonotary
So Answers:
R. Thomas Kline
10/03/2003
VIRGINIA ADAMS~
~ Deputy Sh%riff
SHERIPF ~ S RETURN - REGULAR
CASE NO: 2003-05196 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ADA/~S LESLIE
APONTE THOMAS
VS
ET AL
CPL. MICHAEL BARRICK ,
Cumberland County, Pennsylvania,
says, the within COMPLAINT - EJECTMENT
APONTE LISA
DEFENDANT , at 1626:00 HOURS,
at 434 FACTORY STREET
CARLISLE, PA 17013 by handing to
LISA APONTE
a true and attested copy of COMPLAINT - EJECTMENT
NOTICE-RULE 2973.2 OF JUDGEMENT & EXECUTION
CONF OF JUDG IN EJECTMENT, CONF OF JUDG
and at
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
on the 2nd day of October 2003
together with
the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers
Docketing 6.00
Service 00 .~
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
16.00
Sworn and Subscribed to before
me this ~ ~ day of
/ ~Prot honor ary
10/03/2003
vIRCiN A A AMS
Leslie Adams,
Plaintiff,
V.
Thomas Aponte and Lisa Aponte,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-5196
CIVIL - LAW
CIVIL TERM
PRAECIPE
TO THE PROTHONOTARY:
Please settle, withdraw, and discontinue the above-captioned matter on behalf ol
the Plaintiff due to an agreement entered into between the parties wherein the
Defendants agreed to vacate the property. The Defendants have vacated the property!
so the confessed judgment in ejectment is satisfied.
Respectfully Submitted
TURO LAW OFFICES
Date
Daniel D. Worley, EsquireJ
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff