HomeMy WebLinkAbout03-6395
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
TO: William T. Phillipy, IV
Patricia R. Phillipy
236 Erford Road
Camp Hill, PA, 17011
JAMES P. GREENE and JENNIFER
J. GREENE, his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03- G3~'5' ('J.lt
v.
CIVIL ACTION LAW
WILLIAM T. PHILLIPY, IV and
PATRICIA R. PHILLIPY, his wife,
Defendants
NOTICE
Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by confession in the
above proceeding was entered against you on ~lj~~ 10 ,2003 in the amount of:
Mortgage Payments -
Water Bill-
Real Estate Taxes -
Late Payment Fee -
Interest on Unpaid Mortgage (10% of mortgage payments due)-
Interest on Unpaid Real Estate Taxes and Water Bill (15%)-
Attorney's Fees - 15%-
Total-
$ 2,571.54
4,795.56
3,600.32
128.58
257.15
1,259.38
1,891.88
$ 14,504.41
Plus additional interest, reasonable attorney's fees and cost of suit. Copies of all documents filed
are attached hereto.
(Sl{}~ ~~
Prothonot~ 7 ~ f /J"f
&,' .Jfjj'ld4 /l'f ~Y7
JAMES P. GREENE and JENNIFER
J. GREENE, his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 03~~qS-
v.
CIVIL ACTION LAW
WILLIAM T. PHILLIPY, IV and
PATRICIA R. PHILLIPY, his wife,
Defendants
COMPLAINT
I. The Plaintiffs are James P. Greene and Jennifer J. Greene, husband and wife, and
adult individuals residing at 4700 Hunt Circle, Harrisburg, PA, 17112.
2. The Defendants are William T. Phillipy, IV and Patricia R. Phillipy, husband and
wife, adult individuals residing at 236 Erford Road, Camp Hill, PA, 17011.
3. On March 30, 1999, Defendants entered into an Installment Agreement of Sale
with the Plaintiffs for the purchase of a certain parcel of land known as 2027 Herr Street,
Harrisburg, P A. See attached Exhibit A.
4. The purchase price ofthe property was One Hundred and Twenty-Five Thousand
Dollars ($125,000.00) to be paid by way of monthly mortgage payments and paid in full no later
than February 28,2003.
5. The monthly payment amount Defendants were obligated to pay to Plaintiffs
during the period of time beginning February 28, 2002 through February 28, 2003 was
$1,285.77. Defendants did not finalize the purchase by February 28, 2003, and were therefore in
1
default of the Installment Agreement of Sale, and further, did not make mortgage payments for
January and February of 2003 prior to vacating the subject premises.
6. Under the said Installment Agreement of Sale the Defendants were obligated to
pay water bills and real estate tax bills for the subject premises.
7. The Defendants did not pay the water bills or real estate taxes for the subject
premises. See attached Exhibit B.
8. Under paragraph 14 of the Installment Agreement of Sale, Plaintiffs are
authorized to file a confession of judgment against the Defendants for unpaid amounts due under
the Installment Agreement of Sale.
9. Judgment has not been entered under the Installment Agreement of Sale in any
other jurisdiction.
10. Judgment is not being entered by confession against a natural person in
connection with a consumer credit transaction.
II. Attached hereto and incorporated herein as Exhibit C is the Notice to Defendants
required by 42 Pa.C.S.A. Section 2756.
WHEREFORE, Plaintiffs request that judgment be entered in favor of Plaintiffs and
against Defendants in the amount of:
Mortgage Payments -
Water Bill-
Real Estate Taxes -
Late Payment Fee-
Interest on Unpaid Mortgage (10% of mortgage payments due) -
Interest on Unpaid Real Estate Taxes and Water Bill (15%)-
Attorney's Fees - 15%-
Total -
2
$ 2,571.54
4,795.56
3,600.32
128.58
257.15
1,259.38
1.891.88
,$ 14,504.41
Plus interest, reasonable attorney's fees and cost of suit.
Respectfully submitted,
By: 0- ~
ro e J. onald, Esquire
omey I.D. # 44697
439 Walton Avenue
Hummelstown, PA 17036
(717) 566-2127
Date:
/ c2- o-1l3
Attorney for Plaintiffs
3
JAMES P. GREENE and JENNIFER
1. GREENE, his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
; NO. O~- L 'b~~
v.
CIVIL ACTION LAW
WILLIAM T. PHILLIPY, IV and
PATRICIA R. PHILLIPY, his wife,
Defendants
CONFESSION OF JUDGMENT
Pursuant to the authority contained in the warrant of attorney, a copy of which is attached
to the Complaint filed in this action, I appear for the Plaintiffs and confess judgment in favor of
the Plaintiffs and against the Defendants as follows
Mortgage Payments -
Water Bill -
Real Estate Taxes -
Late Payment Fee-
Interest on Unpaid Mortgage (10% of mortgage payments due)-
Interest on Unpaid Real Estate Taxes and Water Bill (15%)-
Attorney's Fees - 15%-
Total -
Plus interest, reasonable attorney's fees and cost of suit.
tlr;~-f~~
Prothon~ _
~:'7fg~ 1fJl.
YfOrPIlt;t~~
4
$ 2,571.54
4,795.56
3,600.32
128.58
257.15
1,259.38
1,891.88
$ 14,504.41
AFFIDA VIT
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
James P. Greene and Jennifer J. Greene, husband and wife, being duly sworn according
to law, deposes and says that they have authority to sign thi3 Affidavit and that the facts set forth
in the foregoing Complaint are true and correct to the best of their knowledge, information or
belief; and that the copy of the Installment Agreement of Sale, Exhibit A, attached to the
Complaint, is a true and correct copy of the original which is held in the files of the Plaintiffs and
which was executed and delivercd by the Defendants to Plaintiffs.
~d~
,/t.>/f..., _ r _ . "C-- '---
ennifer J. een
5
Jerome J. McDonald, Esquire
Attorney LD. #44697
439 Walton Avenue
Hummelstown, P A 17036
(717) 566-2127
Attorney for Plaintiff
AFFIDAVIT PURSUANT TO PA.RC.P. 2951(A)(2)(ii)
COMMONWEALTH OF PENNSYL VANIA :
: ss.
COUNTY OF DAUPHIN
!, Jerome J. McDonald, being duly sworn according to law, deposes and says that he is
authorized to make this Affidavit on behalf of Plaintiffs; and that judgment is not being entered
by confession against a natural person in connection with a consumer credit transaction.
Sworn to and Subscribed
before me this ~ "'.... day
of lJea ",he" , 2003. \
I~" ~. (J .
~~
eomrnonwea1tl1 Of Pennsylvania
NolarIaI Seal \
Kanln Too:rd, Notary Public
8lUh tiancMlr T~.. Oaupnin Count,>
ytOll",,iwIon E><pIres June 14. 7S:J)7
_.~_OfN""'es
Jerome J. McDonald, Esquire
Attorney LD. #44697
439 Walton Avenue
Hummelstown, P A 17036
(717) 566-2127
Attorney for Plaintiff
JAMES P. GREENE and JENNIFER
J. GREENE, his wife,
Plaintiffs
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
v.
: CIVIL ACTION LAW
WILLIAM T. PHILLIPY, IV and
PATRICIA R. PHILLIPY, his wife,
Defendants
CERTIFICATION OF ADDRESSES
I, Jerome J. McDonald, Esquire, attorney for Plaintiffs, certifies that the present address
of Plaintiffs is 4700 Hunt Circle, Harrisburg, PA, 17112, and the last known address of
Defendants, William T. Phillipy, IV and Patricia R. Phillipy, his wife, is 236 Erford Road, Camp
Hill, PA, 17011.
u?ltwtt~
J. McI6!a.ld,'Esquire,
rney for the Plaintiffs
Dated: / ;;J... ~1--o 3
INS'1'Jl.T.T~'l' AGP"~)f'l' OF SAT.1l'
~
THIS AGREEMENT made this ~O_ day of MaL~, 1999 by and
between JAMES P. GREENE and JENNIFER J. GREENE, husband and wi.fe,
hereinafter referred to as "Seller" and JOHN M. CLARK, II, single
man, and WILLIAM T. PHILLIPY, IV and PATRICIA R. PHILLIPY,
J]C;;:
/' , /
(', ,-4-1 ,
husband and wife, hereinafter referred to as "Buyers".
That, in consideration of the mutual covenants and agreement
hereinafter contained, Seller agrees to sell and convey to Buyer
and Buyer agrees to purchase
All that certain tract or parcel of land, :ogether with the
improvements erected thereon, known as 2027 Herr Street,
Harrisburg, Pennsylvania, and as more particularly described and
set forth in Exhibit "A" attached, upon the following terms and
conditions:
1. COlfSIDEUTION - The purchase pri.ce to be paid by Buyer
shall be the sum of $125,000.00 to be paid as follows:
a. Commencing on the 30'^ day of March, 1999, and
thereafter on the 30th day of each month for a consecutive period
of thirty-six (36) months, Buyer shall make payments on the
unpaid balance, in monthly installments of SQ39.08 for the first
twelve (12) months of the mortgage, with interest calculated at a
rate of .50% over prime and adjusted accordingly the 1" day of
March every year for the term of the mortgage. Buyer shall also
pay and be responsible for payment of taxes and insurance as set
1
o
E ;;?fc) (,'J ic
/ 7() II
forth in paragraph 2. Tile remaining and unpaid principal balance
together with interest, if any, owing shall be due and payable in
full on February 28, 2002. In the event Buyer can not pay said
mortgage in full on or before February 28, 2002 there shall be a
one time automatic extension until February 28, 2003 at an
interest rate of Twelve percent (12%). In the event payment is
not made timely or Buyer is otherwise in default of the terms and
conditions hereof, as provided herein, interest shall accrue, and
be payable, to the date hereof, at the rate of~%. In the
event payments are not paid by the 10th of the month when said
payment is due an additional 5% penalty will be charged to Buyer.
2. PP1l!PADofRIfT - Buyer shall have the right to prepay all or
any part of the unpaid principal balance, without penalty, at any
time and from time to time on any regular installment due date,
together with interest on such prepayment to the date of payment.
At the time of payment in full, together with interest as
aforesaid, and full compliance with the terms of this Agreement,
Buyer shall be entitled to receive title to the subject premises
from Seller.
3 . N?POIlTION)IRtqT OF plP.lU. ESTATE TAXES, lllP.tqT AND EXPENSES -
All real estate taxes shall be payable to the appropriate taxing
authority, including 1999 County and City and 1998-99 School
Taxes by the Buyer. Water rents, sewer rents, refuse charges,
and utility services will be paid by the Buyer. Buyer will pay
2
all annual real estate taxes a!ld tldLar'd insurance polj(~y and
shall furnish proof thereof to Seller. If not timely pald by
Buyer, within thirty (30) days, as aforesaid Seller may declare
Buyer in default. Buyer shall pay for all utility serVlces
hereafter.
4. WATER, SEWBB AND ~T.L MUNICI~SS;ESSMENtS AND CLAIMS -
Water, sewer and all municipal aSSeSSITlents and clalnls dccruirlg
from the date of execution of this Agreement shall be paid by
Buyer when as the same shall become due and payable. failure of
Buyer to make such payments on the current basis, shall give
Seller the option to make payment of the delinquent rents of
charges and to add the amounts paid, with interest or penalties
plus a 1.5% accommodation charge, to the payments otherwise
required by this Agreement. Failure of Buyer to pay such
assessments or charges to proper authority or to Seller by the
due date stated on the appropriate billing and furnishing Sellcr
written notice of such payment shall cansU tute default on the
part of Buyer under this Agreement.
5. TRANSJ"Ill~ TAJnl!S - Seller shall pay all state realty
transfer tax calculated on the agreed consideration at the rate
applicable on the date of this Agreement; B~yer and Seller shall
pay all local transfer tax, any documentary tax, and any
increases in the ratc of the state tax from that existing at the
date of this Agreement. Said conveyance stamps and taxes shall
3
be furnished or paid for at the time of delivery of deed.
6. ~.sSESSION AND OCCUPANCY - Buyer shaU be entitled to
possession at the time of settlement upon execution of this
Agreement and the payment of any monies required at the t1me of
or prior to, settlement.
7. INSURANClli - Buyer shall maintain a Liability policy in
the minimum amount of $1,000,000.00 personal liability and
$125,000.00 property damage naming the Seller as a co-insured.
8. T.1l!r:Jl.T. TITT.F. - The premises a re be i ng conveyed free and
clear of all liens, encumbrances and easements. excepting the
following: Existing building restrictions, ordinances, easements
or roads, privileges or rights of public service companies, if
any, agreements or like matters of record, and easemeGts or
restrictions visible upon the ground. Otherwise, the title the
described real estate shall be good and marketable, such as will
be insured by a licenses title insurance company at regular
rates. Legal title shall be conveyed by fee simple deed with a
special warranty. In the event Seller is unable to give a good
and marketable title such as will be insured by a licensed title
insurance company subject to the aforesaid, Buyer shall have the
option of taking such title 3S Seller can give, without abatement
of price, or of being repaid all moneys paid by Buyer to Seller
on account of the purchase price.
In the latter event, there
shall be no further liability or obligation as to either party
4
concerning this Agreement which thereafter shall be null and veid
and Buyer shall immediately vacate the premises. Unless I".uyer
shall notify Seller in writing of any objections to tltle wlthin
thirty (30) days after date hereof, Buyer shall conClusively be
deemed to have no objections.
9. ~INTE~ANCE AND PW-PAIRS - Buyer agrees that Buyer, at
Buyer's own expense, will maintain the premises in the same "as
is" condition as it is on the date of this Agreement and will not
permit any waste to occur. Buyer agrees to make any and all
repairs which, from time to time, become necessary or are
mandated by federal, state, county or municipal law, ordinance or
code in effect now or may become effective in the future.
10. ASSIGN!iI1I!'fT OR S~T.ll: - This Agreement may not be assigned
by Buyer nor may the premises be sold by Buyer by means of an
installment sales agreement or comparable document.
11. INSPECTION - Buyer acknowledges that he has inspected
the premises, or hereby waives his right to do so, and that
Seller has made no representation with regard to its conditions.
The premises are purchased in its present as-is condition and
Buyer has agreed to purchase it as a result of such inspection
and not because of or in reliance upon any representation claimed
to be made by the Seller.
12. COND"~TION - In the event of condemnation of the
subject premises or any portion thereof by an governmental
5
agency, public authority or utility prior
to
the pa yment ':of
... 1 ~
0......
the within obligations from Ruyer to Seller, the payment of
damages for the "taking" shall be divided between the Buyer and
the Seller as their respective interests then may appear.
13. DEFAULT... Any failure of the Buyer to make p,,;yrnent of
any monies required by this Agreement within thirty (30) days
after the due date for such payment, or any acts, or the
performance of any act required by this Agreement, or the failure
to perform any act required by this Agreement, may constitute a
default, at the option of the Seller.
In the case of default by
Buyer, Seller shall retain any and all monies received under the
provisions of this Agreement (whether on account of purchase
money or otherwise) as compensation for Buyer's use and occupancy
of said premises and as liquidated damages for breach of this
Agreement and said payments shall be deemed to be rent and no,,-
refundable.
14. CONFESSION OF JUD~NT - In the event of default of
payment of any sum of principal or interest herein agt-eed to be
paid for the space of thirty (30) 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, the whole of said principal
sum, at the option of Seller, shall become due and payable
forthwith, anything hereinbefore contained to the contrary
notwithstanding.
In such cause of default, Buyer hereby
6
authorizes and empowers allY attorney of any COllrt: of record in
the Commonwealth of Pennsylvania or elsewhere to appear for Buyer
and confess a judgment for the entire principal sum and interest
remaining unpaid hereon, with 15% attorney's commission or fees,
hereby waiving the right of exemption and inquisition, so far as
the land herein described and any property or building thereon
may be concerned. Said Seller, at Seller's option, among other
remedies available to Seller, may proceed by action or ejectment
on this Agreement after default made as aforesaid for the
recovery of said premises; in such case, Buyer hereby authorizes
and empowers any attorney of any court of record in the
Commonwealth of Pennsylvania, or elsewhere, to appear for Buyer
and confess judgment of ejectment, and authorizes the immediate
issuing of a writ of possession and execution (without asking
leave of court) for the costs and 15% attorney's commission or
fees, waiving all stay and exemption laws.
15. LIMITATION ON SEl.T.F.ll.' S RIGHTS AND pF.MF.o-IU -
Notwithstanding anything in this Agreement contained to the
contrary, in the event of a breach or a default by Buyer of any
of the terms or conditions of said agreement, Seller agrees not
to enter judgment by confession for sums due or in ejectment or
to exercise any of the rights or remedies for the recovery of
said sums or for the recovery of possession provided for in this
Agreement unless (first) Seller gives Buyer written notice of the
7
existence of such default or breQch by sending said notice by
United States registered or certified mail, postage prepaId,
addressed to Buyer at the address of the premises, or to such
other address as may hereafter in writing by Buyer by designated,
and (second) Buyer shall have continued in such default or breach
for a period of ten (10) days after receipt of such notice but
not less than the specific time stated in this Agreement in which
to cure such default or breach; provided, however, th~t i~ tne
correction of an alleged default or breach shall involve the
doing of anything which of necessity requires time, then the
commencement of such correction within said period cf time
followed by diligent prosecution and prompt completion thereof
shall be deemed such a correction of the alleged default or
breach as shall preclude Seller from exercising any of such
rights or remedies.
16. RIGHTS OF BUYER TO PAY~lENS -
a. Notice - Notice of the entry of any :noctgage,
judgment, lien or any other encumbrance affecting title to said
premises received by the Seller after the date of execution of
this Agreement shall be given by the Seller to the Buyer within
thirty (30) days of the recording thereof in the Dauphin County
Courthouse.
b. In the event any mortgage, judgment, lien or other'
encumbranoe affecting title to the premises existing at the ,~ate
8
of the execution of this Agreement or hereafter entered of ~ecord
and default in the payment is made by the Seller, then Buyer
shall have the right to make the delinquent payments and to
receive credit for the full amount of said payments made by the
Buyer and to deduct the amount thereof from the required Plonthly
payments under this Agreement.
Prior to exercising the rights
stated in this paragraph, Buyer shall give Seller 48 hours notice
by certified mail of his intent to do so, but this provIsion
shall not limit Buyer's right to make the delinquent payments and
to claim credit therefore.
c. Nothing stated in this paragraph or otherwise in this
,l\,greement of Sale shall constitute consent by Buyer to the entry
of encumbrances against Seller or any subordinat.ion of B'Jyer' s
rights to encumbrances.
17. FRCORDING - This Agreement may be filed in the
appropriate publiC office.
18. ~PPI.oICJl."'PI! r.u - In the event of any disagreement or
misunderstanding, the terms of this Agreement shall be construed
pursuant to the laws of the Commonwealth of Pennsylvania.
19. "'~TIFR IlGF1l!1P.loIlP.tn' - This document contains the entire
agreement between Buyer and Seller; there are no representations,
warranties, covenants, terms of conditions, except as
specifically set forth herein. This agreement shall not bp
altered, amended, changed or modified except in writing executed
9
by the parties hereto.
20. TI~ OF THE ESSENCE. - It is the agreement of the
parties hereto that time shall be of the essence.
21. BINDING AGPF.~~T - This Agreement shall extend to and
be legally binding upon the parties, their respective heirs,
executors, administrators and assigns.
22. WAIVER - The failure of either party to insist upon
strict enforcement of any provisions of this Agreement shall not
constitute a waiver of the right to enforcement of that provision
or of any other provisions.
23. DESCRIPTIVE 1'1l!Jl,.l'lINGS. - The descnptive headings used
herein are for convenience only and they are not intended to
indicate all of the matter in the sections which follow them.
Accordingly, they have no effect whatsoever in determining the
rights or obligations of the parties.
24. NO I'UTUP'Il! E~CWRRANCE BY SELLF.R - The Seller, after the
date of this Agreement, shall not in any manner further encumber
the said property without the written consent of the Buyer.
10
IN WITNESS WHEREOF, the parties hereto have heriounto Get:
their hands and
seals thJi' day and year first above wrH.ten.
///
A~~,- ~,"
_ w-brAM-~~:f:un,
"--(.i!.::j_
f9UrR
\~I1'Nro;SS :
COMMONWEALTH OF PENNSYLVANIA
C'l"'.
,) ~) .
COUNTY OF DAUPHIN
I, -r;;:~ A. .&116. ____, a Notary Public i.n and for
said county6nd state, do hereby certify that John M. Clar~. II,
personally appeared before me and are known or provea to me to be
the person who. being informed of the contents of the foregoing
instrument, has executed same, and acknowledged said
instrument to be his free and voluntarily ast and deed and that
he executed said instrument for the purposes and uses therein se~
forth.
Witness
fY1"J
my hand and official seal this_.a22:t6___day of
, 19!i9..
My Commission Expires:
c~ A../-~
- N~iMblIc{r---
1 Notarial Seal
Tanya B. Boyle. Notary PutJhc
Hamsburg, Dauptlln County
My Commission Expires Feb. i 9, 200'
Member. Penm;,ylvan!" A$f.O!"i;'t;l!.~tr r'l! N""3:r~es
11
COMMONWEALTH OF PENNSYLVANIA
55:
COUNTY OF DAUPHIN
I, --ri:~ 11. .A::v~ _____, a Notary PubHe in and fOJ
said county~nd state, ~o hereby certify that William T.
Phillipy, IV and Patricia R. Phillipy, his wife, personally
appeared before me and are known or proved to me to be the
persons who, being informed of the contents of the foregoing
instrument, have executed same, and acknowledged said
instrument to be their free and voluntarily act and deed and that
they executed said instrument for the purposes and uses therein
set forth.
Witness my
171"1
hand and official seal this ~h
, 1911.
day of
My Commission Expires: C~1fL~. ~
j Not P~lic
Notarial Seal f
~a B. Boyle. NOlafjl Public
M Irfabu'll. Dauphin Coumy
COMMONWEAL II 1~~~M9TA 2001
Menllllr. PlnnsylVlnl1 Assoclsllon of NM>r!es
55:
COUNTY OF DAUPHIN
I, ~~J. tc, 1.5:a;tr- ,a Notary Public in and for
said county and state, do hereby certify that James P. Greene and
Jennifer J. Greene, his wife, personally appeared before me and
are known or proved to me to be the persons who, being informed
of the contents of the foregoing instrument, have executed same,
and acknowledged said instrument to be their free and voluntarily
act and deed and that they executed said instrument for the
purposes and uses therein set forth.
rJ
seal this___ 3:__day of
,:#-n<;ss my hand~d official
--pr12"'~ ,1 9:+-{
~~I:,
Notary P lie
My Commission Expires: _
NOTARIAL SEAL \
DANIEL K. BAYE~. Notary Publlt
Steelton Borough, Dauphin County
My Commission Expires Mal' 18.2002
12
THE CITY OF HARRISBURG
MONTHL Y UTILITY BILLING
PAST DUE CHARGES ARE DUE IMMEDIATELY.
ACCOUNT NUMBER
15001002-0000(4)
PROPERTY ADDRESS
2027 HERR ST
BILL DATI!:
04/26/2003
DuE 014.1'11:
,--- J
"""'"" DUE
L_~795.56
05/16/2003
PROPERTY ~'iNER
JAKES P GREENE
AMOUNT PAID: $_
JAMES P GREENE
4700 HUNT CIRCLE
HARRISBURG PA 17112-9544
111111111111111111111111111111111111111111 II~m[~'~o~JIJJlm~IIIIIIIIIIIIIIII 1111111111111111111111111111
CITY COPY
----------~---------------------------------------------------------------------------------------
THE
C I T Y 0 FHA R R I S BUR G
MONTHLY Ul lL1TY BILlP'IG
ACCOUNT NtI48!R
SILL DATE
Dli'!!: CATI!:
AMOUNT DUE
4,795.56
15001002-0000(4)
04/26/2003
05/16/2003
PROPERrl ADDRESS
2027 HERR ST
?ROPl!:RTY OWNER
JAKES P GREENE
PREVIOUS AMOUNT BILLED ON 03/26/2003 ............... -...........
04/02/2003 WSO RESTORATION
BALANCE REMAINING ........................ - . . . . . . . . . . . . . . . . - . . . .
NEW PENALTIES INCURRED ...... - . . . . . . . . . . . . -. ..................
REFUSE PICK-UP .00
REFUSE DISPOSAL 10.67
RBADY-TO-SERVE-WATER 8.67
WATER CONSUMPTION 17.65
SEWER UTILIZATION 11.04
SEWER MAINTENANCE 1.66
TOTAL NEW CURRENT CHARGES .... _..............._.... 49.69
TOTAL AMOUNT DUE .............. _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4,582.38
100.00
4,682.38
63.49
4,795.56
PRESENT REAPING . 32000
lAST REAPING. . 28000
USAGE .. 4000 QAJ...L""S
AC"l"tIlL READING DATE . . . . .04./04/200)
WATER a $4.41 / 1,000 GALLONS SAWER ~ $2." / 1,000 aALLONS SEWER MAINT ~ $ 41 I 1,00Q GALLON 1 REFUSE ~ITS.
** PLEASE SEE REVERSE SIDE FOR IMPORrANT INFORMATION
YOUR COpy
**
UTY53MI
UTY53DI
PROPERTY NUMBER:
COLLECTOR CODE:
REFUSE
DISPOSAL
RTS
WATER
SEWER
MAINT
WSO REST
BALANCE AFTER
UTILITY SYSTEM
PARTIAL/FULL PAYMENT
DUPLICATE
15001002 0000 ADDRESS: 2027
JMH1 OWNER: JAMES GREENE
OWED AFTER PAYMENT
.00
.00
.00
.00
.00
.00
.00
PAYMENT:
.00
TOTAL TO
SIGNATURE OF
OPERAT~.. &
,~
/'/
(/
--/
()
HERR ST
DATE: 05/16/2003
TIME: 13:15:48
USER: HBG WISE
AMOUNT TO BE PAID
172.94
66.58
63.42
2,466.64
1,674.43
251.55
100.00
BE PAID:
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MAKE CHECKS PAYABLE TO:
***********AUTO**5-DIGIT
GREENE JAMES P
GREENE JENNIFER J
4700 RUNT CIR
HARRISBURG PA, 17112-9544
1",1/1",1'/111".11,,1.11.',..1,1..1.,1,'..111,"11,.,,1',.1
001 002
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a: OOAM - 4: 30;M LI. _~. Ii ,t..1'f _- ! LAND: ASS~SSMENT 39-,200.\
~"'V __~' iIIlPROVEIIENf: $ 61,000 I
1 7112 ~ Tho .oo~do ~~:~~~~:::~;.;.~~2QOJ
Tho ........I_nllppeoi fHI~ _Ino will
tho II<lord 0.1 ........mont "'_10 lOr lox__
~ Ie Mlguoll, 2003.
IF YOUR TAXES ARE IN ESCROW FORWARD
THIS BILL TO YOUR MORTGAGE COMPANY.
~~) "!~AL. en"!t~1! pi:lll! IlAllPHIN QOiMrY. .
[c.U! !11lL~ER ~------
,February 1, 2003 \ 3 957
jPROiiurrY LOCifliij;--"'. --- ..--' -- . __._.___L_______'____m.___.._~,.___~_.~__.~
L20.27 HERR ST
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,
I "'"'''Elm IDE.m.ICAT1OJj Ho._ . 15
Dauphin County Treasurer
Dauphin County Court House
Front and Market Sts.
Harrisburg, PA 17101
(717) 780-6555
Monday through Friday
Closed Holidays
TAXES
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I
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OO~J~55
County Real Estate
County Library
---..__._._..~- -
MILLAGEfrAX RATE
4.83500 ML
0.23300 ML
TAX AMOUNT
$
$
484.47
23.35
I - ". -DURTiiG-THiSPEiIOD-~ -PiVTIIIS A-MOUNT--
r---'-~-
I. FI!."UARY. MARCH
2% DIIooUl'll ~11Wtod
r"'''1L . MAY
I Tax AmoUIlt
I
I' JUNE. JULY
5% PMIIIt)' "-Y-' .....Iod
II AlJOUIT THMI I)llCEIIII!R
. 10% "'nelIy ~ PoIrIocI
I _~_______,___._.____~___.____.,___ n'_
! UNPAID TAXES RETURNED TO TAX CLAIM AFTER
DECEMBER 31. 2003 WILL RESULT IN ADDITIONAL CHARGES
$
I
497.66,
!
507.821
I
533.21
--.J
$
$
" 5SB . 601
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~dU-A"LW.".Mo'F~"H!' DIICOUNT AND
IF YOU DESIRE A RECEIPT, ENCLOSE A SELF-ADDRESSED. STAMPED
ENVELOPE WITH YOUR REMITTANCE
I
____. n_.______n_ ______._______ ..__.___. _____._"_._______
111111111111111111111111111111111111111111111111111111111111111111111111111
Ablpthllportlonlotyourf'tCOn>>4
2003 REAL ESTATE NOTICE FOR
DAUPHIN COUNTY
. tltW_~ .m.lIbIm"'~!'dIh yaw.... You
PAYMENT COUPON
DO NOT FOLD
DATE:
PHONE:
HOURS,
Fabruary 1, 2003
(717) 780-6555
Monday - Friday
9:00 AM - 4:30 PH
Closed HOllda.ys
: C;C)\Ul~___~ ' County L1..b
4_.!1~500MLh. 2~~(;O ,.. Iol!ol
,~H84. 47,._. I $23.35
, '
PIlOP,IITYLOCAT1OJj. i 2027 HJ;;RR ST
i PlIOPIIITYIDHO,. .. 15 001 002
Bll~UlomEl\ ,'. ., 3,957
I -lAlit-i.-lour AIlii .-~ii'L'-:--DONor-A-Lf['ii""j
, , '''. '.,11I011'-1._ IU'CO,Ullf ',liD 'INALfY JoI.I,V[,,!
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IDlIJUH flit. pptol! ,.. TMII ..."un ~
iF.I -IIA"GII l i 497.661
IAPRIL .IIAY 507. 82[
'JUNE. JULY 533.211
IAua !""U.II~~ '" , 55_8.. 60 :
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AEMrTTO: Dauphin county Trea6Urer
Dauphin County Court Rou.e
Front and Market Sta.
Harr1aburq, PA 17101
GREENE JAMES P
GREENE JENNIFER J
4700 HUNT CJ:R
HARRISBURG PA, 17112-9544
: ASSEIUI!HT LANO: $ 351,200 I
ituPAOVUENT; $ 151,000 !
I~~"'l; . 1_00,"_?O~__j
111111111111111111111111111111111111111111111111111111111IIIIIIII~ 11III111
Thlcountvwtdo r__.I!1II'Il'-~~.~- _-,IIIIrlg_no_"'_oI
. .
NOTICE TO THE DEBTORS/DEFENDANTS AS REQURIED BY 42 Pa.C.S.A. &2756
To: William T. Phillipy, IV
Patricia R. Phillipy
236 Erford Road
Camp Hill, P A, 17011
Attached hereto you will find a copy of Pennsylvania Rule of Civil Procedure 2959
which provides instructions regarding the procedure to follow to strike a confessed judgment.
You should be further advised that any party to a confessed judgment which has been
incorrectly identified is entitled to costs and reasonable attorney's fees as determined by the
Court.
Very truly yours,
'-~
CONFESSJON OF ,JUDGMENT
(2) the defcmJant failcd to file a petitlon for n:lid
from the judgnwnt wirhin thirty days after service of Ihc
notice as required by Rule 2959(a)(3).
Adopted April L 1996, d"fcctiv~ July I, jt)l)6.
ExpllU1l1tory COlUlllcnl-J l)lJ(j
The rnks of civil proc~dmt govtrni(\~ cOllkssiulI of judg-
ment for mon~y have bt:tn revistd in (WQ major respects: the
abolition of confession of judgment in :t conSUlHt;r credit
transaction and the imposition of ,l requirement of notice prior
to or with execution upon a confes.s.e.d judgment.
If. Notice
The provisions for notice are illtendcd 10 ;lid the bench and
bar in complying with Jordan v. Fox, 1{othschild, O'Brien &
Fmllket, 20 F.3d 1250 (CA3 1994). <111e sjg:nificance of lhe
opinion was stutt:J by Juuge R. Stanton Wet tick, Jr. in S &- T
Bank I'. Coyne, No. OD 94--12141 (Allegheny County, August
11.1994):
The Jordan opinion is sjgnific'lnt only because the judgnu;nt
creditor und its oltlOrneys arc now also subj~tl to i.l So 1983
daim by a judgment ueblor who did not wi'.ive it~ COl1stttlttiolwl
rights to notice and <'l hearing.
New rules have been pwmulgated to provide (\.)\" lloticc (0 be
served upon the ddenuillIt in most <:'!St:S prior to or during
execution on a iudgmen! enten::d by confession. There are
three notices but only ulle need be given in <1 particuJiJr C,ISl:,
Un\Jer Rule 2958.4, the plaintiff must <.:1I005e whether 10 givl:
(tli(ty-days~ advante notice under Rule 2958.1 or to give notice
as purt of lhe execution process under Rules 2953.2 and 2958.3.
Subdivision (a) of the rule provides that a plaintiff who has
give!) notice pursuant to Rule 2958.1 may not proceed also
under Rule 2958.2 or Rule 2958.3. However, once having
given the required notice, Ihe plaillciff need not give nOlice
agultl Oil u subseq'lenl execution on lbe same judgment.
The intent of these rules lS to limit the necessity for hearings
on issues of due process and waiver by providing the ddendam
with a pn;;':l.k:privatioll natke and opPOl1unily for hearing 0/1
the mails. Howevn, new Rule 2959(a)(2) specifies three
inscances wilen the issue of thl: volunlary, intelligent and
knowing waiver of due process rights may be nllsnl The first
is in support of" request fOf a stay wlu:l1the court ]llIS already
denied a prior request for a .Hay dc.~pite lilllt:ly filing of th,ll
request :lnd "the prc:"\entatillil uf prima faci~ ~videnct of a
defens~." The second i~ when personal property has been
levied UPOll ur <\uached without pnor nOtice alld hearillg ulHkr
new Rule 2958.2. The third IS when a dt:fcnuan! in possession
of teased residential real property h.!s been cvicteJ witbout
prior notice and hearing under new Rule 2973.3. JIl alluthel
Instances, the issues upon <l: pttition for rdie! from the.
judgm~ilt will be the merits and llot Ill!.: waivt;r of d,ll: process
rights
Rule 2959
any uther COUIlLY ill which tile sheriff has received a writ
Df ~;ceLutj\Jll din:ctcd 10 th~ sheriff to enforce the
judgment.
(2) The gwund that the waiver of the JUt; process
rights of notice <HId hearing was nUl VlJluiltary, illtelJi~
gent anti knowing shall be raised only
(i) in support of u further request for a stay of
c;xecution wllt:rc the court has not stayed e.xecurion
despite the t[md~' fiting of a petition for reljef from
the judgment and the presentation of prima facie
evidence of a defense; and
(ii) <.tS provided by Rule 2958.3 or llule 2973.3.
(J) If written nutice is served upon the petitioner
pursU""' to Rule 2956.1(c)(2) Or Rule 2973.1(c), the
petition sbaH be 1l1ed Within thirty days after such
service. Unless the defenuant can demonstrate that
there \Vere compelling reasons for the delay, a petition
not timely fikd Sh~ljl be denied.
(b) if the petition states prima f~cie grounds (or
relld the: court shaH issue a rule to show C<luse ano may
grant a St3Y of proceedings. After being sCr.'ed with a
copy of the petition tlit plaintiff shall file an answer on
l)f before the return day of th1.: rule. The return Jay of
the rule ~b:J!1 be fixed by till': wurt by locol rule Or
specialonkr.
(c) A parry \vaives all defenses and objections which
are nDt included in the pttition or answer.
(d) The petitiott ami the rule to show caus~ and the
ClI1SWtr ~hall be S~r\i\',-! as provided in Rule 440.
(c) The Ct.)Uf( ~hal! JiSpDSC of the rule on petition
<lnd <lflswcr, ilnd on any testimonYl depositions, admis-
sioos and otber evidence The court for cnuse shown
lll3Y Slay prucccuings on the petition insofar as it seeks
to Dren the judgment pending disposition of the appli-
cation 10 strike l~ff rhe judgment. If evidence is
rrodw::cd whiLh in :\ jUl)' trial would require [he issues
to be submitted ID the jury the COllrt shall open the
judg,lntl1t.
({) 'I1lt; lien of tht; juJgment or of any levy ur
attachment slIall be preserved while the procteuings to
strike off or open the judgment are pending.
Adopted JUrlt: 27, 1969, efkctive Jan. I, finO. Amended OCl.
<-I, Ilf73, tffec!ivt: Dec. !, t973; Nov. t4, [97.':, effective Dec. 2,
t978; DCl;, 14, 1979, effective Feb. I, 1980; June 20, 1985,
dfcctlvc Jan. t, t9H6; April 1, 11)96, effective July 1, 1996.
Explan:llnry COlHllIcnt-1979
..-II1H%lment (0 RJ/(e 2fJ5IJ{i!) The Act of March 27, 1945,
Rule 2959, Striking Ofl' or Opening Judgm~n(; P.L. 83, as amended, 12 P,S, 4~ 9!3, 9]4 pruvided 1l1:J( if ;1
'Pleadings; Procedure CO(11~~;;cd .iud!~ll\ellt is tnt/lslct'lr.! It) ilJlOlht:r cuullty ur if:l IVrit
ilf {.'Xl't:IJliulI lJpon il IS dJfl;C!c(} to another county, th~
(a)(l) Relief from;J judgment by con!cs.\JOrI shill] be defelllbn\ b,\;; lilt option to pdiliu!\ to opc:n either in the
suught by petition. Ext:ept a:; provided in subp:lrngr,Jpll t:OlllHy where the judgmenl was originally emered or in the
(2), all grounds for rdief whether to strike off tht' wunty to which it was tr:UlsJ"erreu or tu which the executive
judgment or to open n must be a.sscrteu in :J single W,l:i direcfed.
petition. The petltiun may be filet.! in the county in This Act IS I~ptakd by JAR:\. Subdivision (a) of Ru]e 2950
which the judgment was originally entered, in any has bc~n amended to continue the procedure. The scope of
COunty to which the Judgtl1tnt has been (ransferr(;d or in the n:peakd Act IS enlarged by granting optional venue ill the
277
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Rule 295()
RULES OF CIVIL PROCEDURE
case of ii petitiun tu stnke the )uuglllent as well as petItions tn
upen.
This is consisted with subdivisiun (<I) of IZuk 2()59 which
requires all grounds for relief, whether to open Uf to strike, 10
be raised at aile time. To prevent bifurcation of the proceed-
ings, lhe Dptional venue mllst be extended to hoth forms of
relief.
A petition to strike mu:il assel't defects appearing on the
record. If the judgment debtor shaull! seek to strike the
judgment in an outside county, examination of the record of
the original confession may be essential. For this purpose, tbe
judgment debtor can, under the authority of Rule 3002(c), file
in the outside county a certified copy of all or any part of the
record, testimony or exhibits ill the original action.
New RIde 2959(j). An order of court opening a judgment
does not impair the lien of the judgment or of any execution
issued on it, although the court may stay the execution pending
final disposition of the proceedIng. 7 Stand.Pa,Prac. 172, 174
~S 138, 142. To the contrary UIl order of court striking a
judgment :mnuls the lien of the judgment or or any execution
issued on it. 7 Stand.Pa.Prac. 244 9* 223,224.
However, the mere filing of a petition to open at strike a
judgment does not affect the lien uf the judgment <Jr of any
execution, subject, of course, to the power of the court to ~tay
execution pending decision on the petition. Subdivision (0
has been added to Rule 2959 to restate this principle.
Section 1722(b) of the Judicial Code authorizes the Supreme
Court to promulgate general rules on the subject of liens and
their extent where not already governed by Act of Assembly.
In the absence of such general rules, prcsent practice shall
continue.
The rarely used Act 01 July 9. 1897. P.L 237. 12 P.s. S 911,
create a special remedy under which a creditor of a judgment
debtor might attack a judgment confessed by that debtor in
favor of another creditur on a showing of invalidity or fraud,
and the filing of a bond to protect tbe judg.11ent plaintiff. The
Act preserved the lien of any levy which had been made
pending termination of the proceedings. The Act was sus-
pended in t969 by Rule 2975(3) lrescindedl with respect to
confessed judgments, except insofar as it preserved the lien,
and it has been repealed by lARA.
Explanatory Commcnt-1996
The rules of civil procedure goveming confession of judg-
ment for money have been revised in two major respects: the
abolition of confession of judgment in a consumer credit
transaction and the impositiOn of a requirement of noticc prior
to or with execution upon a confessed judgment.
II.
Notice
execution on a judgmenl enlen:u by conf~ssillll. There afe
three Ilotlces hut only ()]\c nCl:d he givcn in a particular case.
Under l1ew Rule 21J5lJ(a)(3), a defendant rl1l~st fde a petition
within thirty days of sefvic~ of the notice to obtain relief [-rom
the judgment or to prevent execution. After thirty days, the
defendant is barred [flint relief unless there are "compelling
reasons for the delay".
The intent of these rules is to limit the nccessity for hearings
all issllcs of due process and waiver by providing the defendant
with a pre-deprivation notice and opportunity for bearing on
the merits. However, new Rule 2959(a)(2) specifies tbree
instances Wht.:ll the issue of tbe voluntary, intelligent and
knowing waiver of due process rights may be raised. The first
is in support of a request for a stay when the court has already
denied :1 prior request for a Slay despite timely filing of that
request <tnd "the presentation of prima facie evidence of a
defense." The second is when personal property has been
levied upon or attached witbout prior notice and hearing under
new Rule 2958.2. The third is when a defendant in possession
of leased residential real property has been evicted without
prior notice and hearing under new Rule 2973.3. In all other
instances, the issues upon a petition for relief from the
judgment will be the merits and not the wHiver of due process
rights.
Rule 2960. Proceedings upon Opening of Judg~
ment. Pleadings. Jury Trial. Waiver
If a judgment is opened in whole or in part the issues
to be tried shall be defined by the complaint if a
complaint has been filed, and by the petition, answer
and the order of the court opening the judgment.
There shall be no further pleadings. 111e right to a jury
trial on the opened judgment shall be deemed waived
unless a party files and serves a written demand for jury
trial within twenty days after the order opening judg-
ment; but if the issue is referre.d to compulsory
arbitration. Rule 1007.1 shall apply.
Adopted June 27,1969, effective Jan. 1, 1970. Amended Oct.
4, 1973, effective Dec. 1,1973; April 1. 1996. effective July 1,
1996.
Explanatory Commcnt-1973
A new sentence has been added to the existing Rule to,'.;.
incorporate the principles of Rule 1007 and Rule 1007.1:l.:~:.
respecting demand or waiver of jury trial upon an opened _I'::~~;
judgment. The demand need not be made until after .Lhe :~' t~
judgment is opened or, if the opened judgment is 10 be subJe4:f., .i".
tD compulsory arbitration.. need not be made until the appe~ flf'{
from the award of the arbItrators. ".~:>>. t:
The provisions for notice are intended to aid the bench and
bar in complying with Jordllll v. Fo.~ Rothschild, O'Brien & Rule 2961. Application of Amendments to pen~i.
Frallkel, 20 F.3d 1250 (C.A.3 1994) The significance of the 'A ' .\,..."
IIlg ctlOns .. . ;',
opinion was stated by Judge R. Stanton WCltick, Jr. in S & r
Iltlllk 1'. CU)'I1C, Nu, GI) ()4-12141 (Allegheny County, August (a) The amendments promulgated in 1996 to th~'
iI, 1994): rules of civil procedure prohibiting the e~try ?~a:
The Jordan opinion IS significant only because the judgment judgment by confession for money in connection WI. J'
creditor and its attorneys are now also subject to a ~ 1983 consumer credit transaction shall apply to ~Ct10 .
clallu by ajudgmcnt debtnr who did not waive its constitutional commenced after the effective date set forth III I
rights to notice und a hearing. Order of the Supreme Court. .1.
New rules have been promulgated to provide for notice to be Nole: The amendments to Rules 2950, 2951 and
served upon the defend<lrlt in most cases prior to or during generally relate to the prohibition against the entI}'
278
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JAMES P. GREENE and JENNIFER
J. GREENE, his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
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NO.
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CIVIL ACTION LAW
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WILLIAM T. PHILLIPY, IV and
PATRICIA R. PHILLIPY, his wife,
Defendants
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NOTICE UNDER RULE 2958.1
OF JUDGMENT AND EXECUTION THEREON
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TO: William T. Phillipy, IV
Patricia R. Phillipy
236 Erford Road
Camp Hill, PA, 17011
A judgment in the amount of$14,504.41 has been entered against you and in favor of the
plaintiff without any prior notice or hearing based on a confession of judgment contained in a
written agreement or other paper allegedly signed by you. The sheriff may take your money or
other property to pay the judgment at any time after thirty (30) days after the date on which this
notice is served on you.
You may have legal rights to defeat the judgment or to prevent money or property from
being taken. YOU MUST FILE A PETITION SEEKING RELIEF FROM THE JUDGMENT
AND PRESENT IT TO A JUDGE WITHIN THIRTY (30) DAYS AFTER 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Legal Services
8 Irvine Row
Carlisle, P A 17013
(717) 243-9400
Respectfully submitted,
By:
J;'--'r-L ~LL~
e me 1. Mcl)o~ald, Esquire
ttomey I.D. # 44697
439 Walton Avenue
Hummelstown, P A 17036
(717) 566-2127
Date: /;J... ~ 1-03
Attorney for Plaintiffs
JAMES P. GREENE and JENNIFER
J. GREENE, his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
NO. 03-6395
v.
WILLIAM T. PHILLIPY, IV and
P A TRlCIA R. PHILLIPY, his wife,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
AND NOW, come William T. Phillipy, IV and Patricia R. Phillipy, his wife, Defendants,
by and through their counsel, Kelly, Hoffman & Goduto LLP, and file the within Petition to
Strike and/or Open the Confession of Judgment entered by th(~ Prothonotary on December 9,
2003, and in support thereof, aver as follows:
PETITION TO STRIKE CONFESSION OF JUDGMENT
I. On December 8, 2003, Plaintiffs James P. Greene and Jennifer J. Green, his wife,
filed a Complaint alleging that Defendants defaulted on certain payments required under an
Installment Agreement of Sale for premises located at 2027 H(~rr Street in Harrisburg,
Pennsylvania. Plaintiffs sought judgment by confession pursU1mt to a warrant of attorney
contained in Paragraph 14 of the Installment Agreement of Sak
2. On December 9, 2003, judgment was entered against Defendants William T.
Phillipy, IV and Patricia R. Phillipy, his wife, by the Prothonotary of the Court of Common Pleas
,
of Cumberland County in the amount of $14,504.41, pursuant to the "authority contained in the
warrant of attorney."
3. Pa.R.C.P. 2959 outlines the procedure for striking off or opening judgments. A
Petition to Strike a Confession of Judgment shall be granted when the face of the record reveals
an apparent defect. Germantown Savings Bank v. Talacki, 441 Pa. Super. 513,657 A.2d 1285,
1288 (1995). Where a confession of judgment is initiated by complaint, the complaint and
confession of judgment clause must be read together to detennine whether there are defects on
the face of the record. Crum v. Shaffer, 693 A.2d 984,986 (Pa. Super. 1997).
4. Defendants maintain that there are numerous defects on the face of the record.
First, the Complaint and Confession of Judgment name only Defendants William T. Phillipy, IV
and Patricia R. Phillipy, his wife, as the defaulting parties under the Installment Agreement of
Sale. The Installment Agreement of Sale was entered into on March 30, 1999, and specifically
lists the "Buyers" as: "John M. Clark II, a single man, and William T. Phillipy, IV and Patricia
R. Phillipy, husband and wife, hereinafter referred to as 'Buyers'''.
5. Plaintiffs have failed to include John M. Clark II as a party to this action. This
failure constitutes an obvious defect, since the Buyers jointly purchased the property and the
Installment Agreement of Sale contains no individual guarantees of payment nor does it contain
any language establishing joint and several liability of the parties in the event of default.
6. In addition to Plaintiffs' failure to name the proper parties in the Complaint and
Confession of Judgment, the judgment includes amounts not specifically authorized by the
warrant of attorney.
7. In Paragraph 8 of the Complaint, Plaintiffs allege that in Paragraph 14 of the
Installment Agreement of Sale, they were authorized to file a confession of judgment against the
Defendants for "unpaid amounts due under the Installment Agreement of Sale." Pursuant to the
language contained in Paragraph 14 of the Installment Agreement of Sale, however, Plaintiffs are
only authorized to file a confession of judgment with respect to principal sums and interest owed
on the mortgage. Specifically, Paragraph 14 provides as follows:
CONFESSION OF JUDGMENT - In the event of default of
payment of any sum of principal or interest herein agreed to be paid
2
for the space of thirty (30) 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, the whole of said principal sum, at the option of
Seller, shall become due and payable forthwith, anything
hereinbefore contained to the contrary notwithstanding. In such
cause of default, Buyer hereby authorizes and empowers any attorney
of any court of record in the Commonwealth of Pennsylvania or
elsewhere to appear for Buyer and confess the judgment for the entire
principal sum and interest remaining unpaid thereon, with fifteen
(15%) percent attorney's commission or fees, hereby waiving the
right of exemption and inquisition, so far as the land herein described
and any property or building thereon may be concerned... (emphasis
added)
8. Pursuant to its terms, the warrant of attorney does not permit Plaintiffs to confess
judgment against the Defendants for "unpaid amounts due under the Installment Agreement of
Sale," as alleged in Paragraph 8 of the Complaint.
9. Plaintiffs' confession of judgment includes not only principal and interest, but also
includes balances for water services, real estate taxes, late payment fees and fifteen (15%)
percent interest on these unpaid bills, as well as a fifteen (15%) percent attorney's fee on the
amounts allegedly outstanding. In this respect, Plaintiffs' Confession of Judgment is well beyond
the scope of the warrant of attorney granted under Paragraph 14 of the Installment Sales
Agreement, thereby mandating that the confession of judgment be stricken.l
10. Pursuant to the terms of the Installment Agreement of Sale, the Buyers were
responsible for payment ofuti]ity services, real estate taxes and municipal assessments. In the
event Buyers failed to make timely payment of these expenses, the Seller could declare the
Buyer in default. (Installment Agreement of Sale, Paragraphs 3-4).
] The detennination of the validity of a judgment entered by confession rests upon a strict construction of the
language of the warrant of attorney, and any doubt as to validity must be resolved against the party entering the
judgment Scott Factors. Inc. v. Hartlev, 425 Pa. 290, 228 A.2d 887 (1967); Continental Bank v. Tuteur, 303 Pa.
Super. 489, 450 A.2d 32 (1982). Because a warrant of attorney authorizing the confession of judgment can be an
oppressive weapon, entry of a valid judgment by confession can only be accomplished if such entry is made in rigid
adherence to the provision of the warrant of attorney, which must be fully complied with; otherwise, such judgment
will be stricken. Scott Factors, 425 Pa. at 291,228 A.2d at 888.
3
II. The Seller's remedies in the event of default are contained in Paragraph 13 of the
Agreement, which provides as follows:
DEFAULT - Any failure of I. he Buyer to make pavment ofanv
monies required by this Agreement within thirty (30) days after the
due date for such payment, or any acts, or the performance of any act
required by this Agreement, or the failure to p(:rform any act required
by this Agreement, may constitute a default, at the option of the Seller.
In the case of default by Buyer, Seller shall retain any and all monies
received under the provisions of this Agreement (whether on account
of purchase money or otherwise) as compensation for Buyer's use and
occupancy of said premises and as liquidated damages for breach of
this Agreement, and said payments shall be de(:med to be rent and
non-refundable. (emphasis added)
12. The default provision contained in Paragraph 13 of the Installment Agreement of
Sale outlines the Seller's remedies in the event the Buyers default on payment of any monies due
and owing, which would include the mortgage payments, utility services, real estate taxes and
municipal assessments. The Seller's remedy under the default provision is essentially forfeiture
of I. he property and forfeiture of the Buyers' previous mortgage' payments. To the extent
Plaintiffs have retained the purchase monies paid by the Buyers over a period of almost three
years, any obligation on the part of the Defendants to pay the outstanding bills has been fully
satisfied. In fact, the Installment Agreement of Sale does not permit the Sellers to confess
judgment for "any monies" required under the Agreement, but rather, only principal and interest.
13. It is apparent from the face of the record that the authority contained in the
warrant of attorney only permits confession of judgment with respect to the outstanding principal
and interest owed on the mortgage payments, together with a fifteen (15%) percent attorney's fee
(calculated only on the unpaid mortgage amounts). Plaintiffs allege outstanding mortgage
payments in the amount of$2,571.54. A fifteen (15%) percent attorney's commission on this
4
amount would equal $385.73, for a total confessed judgment in the amount of$2,957.27 and not
$ J 4,504.41.
14. Plaintiffs' failure to include all of the Buyers in the Confession of Judgment and
the Plaintiffs' inclusion of items in the Confession of Judgment which were not authorized by the
warrant of attorney, mandate that the Confession of Judgment be stricken in its entirety.
15. Defendants request the Court enter a stay of execution pending final disposition of
the within proceeding.
WHEREFORE, William T. Phillipy, IV and Patricia R. Phillipy, his wife, respectfully
request that this Court strike the Confession of Judgment in its entirety.
PETITION TO OPEN CONFESSION OF JUDGMENT
16. Defendants herein incorporate Paragraphs I through J 5 of the Petition to Strike
Confession of Judgment as iffully set forth herein.
17. In the event the Court determines that Defendants are not entitled to have the
Confession of Judgment stricken, Defendants respectfully request that the confessed judgment be
opened.
18. Pursuant to Pa.R.Civ.P. 2959(e), if evidence is produced which in ajury trial
would require the issues to be submitted to the jury, the Court shall open the judgment.2
19. To the extent that Plaintiffs have included outstatlding mortgage payments from
January, 2003 and February, 2003, totaling $2,571.54 in the Confession of Judgment, Defendants
dispute that these amounts are actually owed.
2 To meet its burden to open the judgment, Petitioner must act promptly, allege a meritorious defense, and provide
sufficient evidence to create an issue for the jury. PeoDle's Bank v. Dorsev, 453 Pa. Super. 94, 683 A.2d 291 (1996).
While the Petitioner's meritorious defense evidence must be clear, direct, pre,:ise and believable, the Court is to treat
the matter as a motion by the responding party for a directed verdict, including reviewing all the evidence in a light
most favorable to the Petitioner and accepting as true all evidence and proper inferences therefrom supporting the
defense while rejecting adverse allegations of the party obtaining the judgment. Dollar Bank v. Northwood Cheese
Co.. Inc., 43 I Pa. Super. 541, 546, 637 A.2d 309, 31 I (1994).
5
20. Defendants believe and therefore aver, that tht: mortgage payment for January,
2003, was made by Buyers' tenant at the 2027 Herr Street property. Specifically, Defendants
believe that a mortgage payment in the amount of approxima1:ely $2,150.00 was made by
Vincent Gladfelter.
2 I. With respect to the February, 2003 mortgage payment, Defendants believe and
therefore aver that payment was made by John Clark II, the other Buyer listed in the Installment
Agreement of Sale.
22. In addition to outstanding mortgage payments, Plaintiffs have confessed judgment
for a water bill alleging an outstanding balance of$4,795.56. Attached to the Confession of
Judgment is an invoice dated April 26, 2003. Defendants beli.:ve, and therefore aver, that the
amount set forth in the water bill reflects charges from August I, 1997 through April 26, 2003.
The term of the Installment Agreement of Sale was from March 30,1999 through February 28,
2003. To the extent Plaintiffs included amounts for water bills which were incurred prior to
March 30, 1999, Defendants are not responsible for payment of those amounts, since they pre-
dated execution of the Installment Agreement of Sale. (See Correspondence dated June 28, 2002
from the City of Harrisburg to James P. Greene, attached hereto as Exhibit "A".)
23. With respect to the 2002 real estate taxes, Defendants believe and therefore aver
that the Buyer's tenant, Vincent Gladfelter, in fact paid the real estate taxes for 2002. Therefore,
Defendants do not believe that this amount is currently outstanding.
24. With respect to the real estate taxes for 2003, Defendants were only obligated to
pay a pro-rata share of those expenses, since the Installment Agreement of Sale expired on
February 28,2003. Plaintiffs merely confessed judgment for the real estate taxes in a lump sum
6
of $3,600.00, without any indication as to how the amount was calculated and whether the
amount represents only Defendants' pro-rata share.
25. Defendants further dispute Plaintiffs' entitlem(:nt to interest on any unpaid bills
for utility services and real estate taxes at the rate of fifteen (15%) percent, or in the amount of
$1,259.38.
26. Pursuant to its terms, the Installment Agreement of Sale does not provide for the
addition of fifteen (15%) percent interest on the outstanding balance. The Agreement provides,
at Paragraph 4, that failure of the Buyer to make these payments on a current basis "shall give
Seller the option to make payment of the delinquent rents of charges and to add the amounts
paid, with interest or penalties, plus a 15% accommodation charge, to the payments otherwise
required by this Agreement."
27. Defendants submit that the "accommodation ch.arge" is excessive and further
submit that Plaintiffs are not entitled to said charge absent proof that Plaintiffs actually paid the
outstanding monies owed. Plaintiffs have alleged that the charges have been paid and therefore,
the inclusion of an "accommodation charge" in the confession of judgment is improper.
28. For the foregoing reasons, Defendants respectfully request that this Court open
the judgment, as the Defendants have filed a timely request and have presented evidence
establishing issues for the jury including: (a) whether the warrant of attorney authorized the
entry of judgment for the amounts sought in Plaintiffs' Complaint; (b) whether Plaintiffs have
failed to join an indispensable party; (c) whether any and all obligations have been satisfied by
virtue of Defendants' forfeiture of the property and Plaintiffs' retention of mortgage payments
made pursuant to the Installment Agreement of Sale; (d) whether the amounts contained in the
Confession of Judgment have, in fact, been paid; and (e) whether Plaintiffs are entitled to such
7
payments in the event of default. The Defendants' meritorious defenses have further been set
forth in its Answer with New Matter to Plaintiffs' Complaint, a copy of which is attached hereto
as Exhibit "B", and will be filed upon the striking or opening of the judgment.
29. It is respectfully requested that this Court enter a Stay of Execution pending
disposition of this Petition.
WHEREFORE, Defendants William T. Phillipy, IV and Patricia R. Phillipy, his wife,
respectfully request that this Court open the confessed judgmmt and permit the Defendants to
present evidence of the foregoing meritorious defenses.
z
. Coates
Attorney ID No. 52654
Donald L. Carmelite
Attorney ID No. 84730
KELL Y, HOFFMAN & GODUTO, LLP
Commerce Towers, loth Floor
300 North Second Street
P.O. Box 62003
Harrisburg, PA 17106-2003
(717) 920-8100
+-
Dated: January '8 ,2004
Attorneys for Def(mdants William T. Phillipy, IV
and Patricia Phillipy
8
VERIFICATION
!, William T. Phillipy, IV, hereby state that I have read the foregoing Petition to Strike
and/or Open Confession of Judgment, which has been drafted by counsel. The factual statements
contained therein are true and correct to the best of my knowll:dge, information and belief,
although the language is that of counsel, and, to the extent that the content of the foregoing
document is that of counsel, I have relied upon counsel in making this Verification.
I understand that the statements therein are made subject to the penalties of ! 8 Pa. C.S.A.
! 4904 rel"lo, '" ~~orn ml,lfi"tioo, to ""thc~
William T. Phil'
::s::-
Dated: January '6 ,2004
//
CERTIFICATE OF SERVICE
On this 8th day of January, 2004, I, Donald L. Carmelite, Esquire of the law firm of Kelly,
Hoffman, & Goduto LLP, hereby certify that I have, this day, served a true and correct copy of
the foregoing PETITION TO STRIKE AND/OR OPEN CONFESSION OF JUDGMENT
upon the person(s) and at the addressees) below named by U.S. Mail, First Class, at Harrisburg,
Pennsylvania:
Jerome J. McDonald, Esquire
439 Walton Avenue
Hummelstown, P A 17036
Attorney for PlaintijJs
~q
d L. Carmelite, EsqUire
9
Exhibit A
The City of Harrisburg, Pennsylvania, Incorporated March 19, 1860
DEPARTMENT OF ADMINISTRATION
James P Greene
4700 Hunt Circle
Harrisburg, PA 17112-9544
June 28, 2002
Re: Property Address: 2027 Herr St
Property Number: 15001002
Dear Mr Greene:
As you are aware, the City of Harrisburg, under direction of The Harrisburg Authority, has
begun the city-wide replacement of water meters. On June 10,2002 the water meter for the
above-referenced property was replaced. At that time a water meter reading of289472 was
obtained.
When compiling infonnation to prepare the final bill for the usage registered on the replaced
meter, it was discovered that no meter readings had been submitted by you since August 1997.
The reading submitted at that time was 190967. Therefore, all billings issued since August
1997 were based on estimated usage. Based on the actual readings obtained in August 1997,
and June 2002, the property consumed 98,505 cubic feet of water. However, based on the
estimated usage, the property was only billed for 14,252 cubic fel~t of water.
When comparing the consumption billed to the actual usage, a disparity of 84,253 cubic feet
exists. This bas resulted in your account being undercharged between August 1997 and June
2002 in the amount of$ 4,096.61 for a period of 58 months for water, sewer and sewer
maintenance.
A bill for the June 26, 2002 billing period in the amount of$ 4,216.84 is enclosed, along with a
history of account activity from August 1997 to the present.
Rev. Dr. Martin Luther King, Jr. City Government Center
10 North Second Street. Harrisburg, PA 17101
Since this billing was not anticipated by you, we recognize that you may not be able to pay the bill
in full. If this is the case, please contact Shauna Wallig, of my staff, to discuss a suitable payment
arrangement. Rest assured that penalties will be waived during the repayment period. Ms. Wallig
can be reached at 255-6514.
Sincerely,
.;>
M. Ant 'a Baum, Billing Supervisor
of Operations and Revenue
cc:Shauna Wallig
File
Exhibit B
JAMES P. GREENE and JENNIFER
J. GREENE, his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-6395
v.
WILLIAM T. PHILLIPY, IV and
PATRICIA R. PHILLIPY, his wife,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: JAMES P. GREENE and JENNIFER J. GREENE, his wife
Jerome J. McDonald, Esquire
439 Walton Avenue
Hummelstown, PA 17036
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE
ENCLOSED NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF OR A JUDGMENT MAYBE ENTERED AGAINST YOU.
lIy ~bJ:' Y-
ren S. C tes
t D No. 52654
Donald 1. Carmelite
Attorney ID No. 84730
KELLY, HOFFMAN & GODUTO, LLP
Commerce Towers, 10th Floor
300 North Second Street
P.O. Box 62003
Harrisburg, PA 17106-2003
(717) 920-8100
January ~~04
JAMES P. GREENE and JENNIFER
J. GREENE, his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 03-6395
v.
WILLIAM T. PI-IILLIPY, IV and
PATRICIA R. PI-IILLIPY, his wife,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
ANSWER OF DEFENDANTS WILLIAM T. PHILLIPY, IV
AND PATRICIA R. PHILLIPY, HIS WIFE, TO PLAINTIFFS' COMPLAINT
I. ADMITTED.
2. ADMITTED.
3. ADMITTED.
4. ADMITTED.
5. ADMITTED in part and DENIED in part. It is ADMITTED that Defendants did
not finalize the purchase by February 28, 2003. The remaining averments of Paragraph 5
constitute legal conclusions to which no response is required. To the extent that the averments
are deemed factual, they are specifically DENIED and proof is demanded.
6. DENIED. The averments of Paragraph 6 constitute legal conclusions to which no
response is required. By way of further Answer, Defendants submit that any and all obligations
of the Buyers pursuant to the Installment Agreement of Sale are joint obligations of the Buyers,
including John Clark II. Moreover, the Defendants did not incur any obligation to pay amounts
for any periods of time prior to March 30, 1999 or subsequent to February 28, 2003. To the
extent the averments of Paragraph 6 are deemed factual, they are specifically DENIED and proof
is demanded.
7. ADMITTED in part and DENIED in part. It is ADMITTED that the Defendants
did not pay the water bill and/or the real estate tax bill attached to the Complaint as Plaintiffs'
Exhibit "B". It is, however, specifically DENIED that Defendants were obligated to make said
payments in the amount set forth in Exhibit "B" and proof is DEMANDED.
8. DENIED. The Installment Agreement of Sale is a document, the terms of which
speak for itself. By way of further Answer, the warrant of attorney did not authorize Plaintiffs to
confess judgment for "unpaid amounts due" under the Agreemtmt, but rather, only for
outstanding "principal and interest" payments due under the mortgage. Defendants submit that
there were no unpaid amounts of principal and interest. Defendants further submit that the
confession of judgment as to amounts above and beyond the allegedly outstanding mortgage
payments is improper and beyond the scope of authority granted by the warrant of attorney.
9. ADMITTED.
10. ADMITTED.
II. ADMITTED.
WHEREFORE, Defendants William T. Phillipy, IV and Patricia R. Phillipy, his wife,
respectfully request that the Plaintiffs' Complaint be dismissed and that the Confession of
Judgment be stricken and/or opened pursuant to Pa.R.C.P. 2959.
NEW MATTER DIRECTED TO PLAINTIFFS
JAMES P. GREENE AND JENNIFER J. GREEN, HIS WIFE
12. Defendants herein incorporate Paragraphs I through II oftheir Answer to
Plaintiffs' Complaint as if fully set forth herein.
13. Plaintiffs' Complaint fails to state a cause of action from which relief can be
granted.
2
14. Defendants fully satisfied any and all obligations pursuant to the terms of the
Installment Agreement of Sale and there are no outstanding amounts owed under the contract.
15. Defendants cannot be held severally liable for amounts due under the terms of the
Installment Agreement of Sale since any and all obligations were the joint obligations of all
Buyers, including John Clark II.
16. Plaintiffs have failed to join an indispensable party.
17. The amounts sought by the Plaintiffs and the amounts included in the Confession
of Judgment were not specifically authorized by the warrant of attorney contained in the
Installment Agreement of Sale.
18. In the event the Defendants are found to be in default pursuant to the terms of the
Installment Agreement of Sale, remedies are set forth at Paragraph 13 of the Installment
Agreement of Sale and to the extent that Plaintiffs have exercised these remedies, including
forfeiture of the principal sums and interest paid by the Buyers through February 28, 2003, they
are not entitled to relief, since all obligations have been fully satisfied.
19. Any and all obligations of the Buyers under the terms of the Installment
Agreement of Sale commenced March 30,1999 and ended February 28, 2003.
20. Defendants dispute that the outstanding balance of $4,795.56 on the bill for water
services occurred during the term of the Installment Agreement of Sale. Defendants believe and
therefore aver that Plaintiffs have included bills which pre-dah: and post-date the Installment
Agreement of Sale and for which Defendants are not responsible.
21. Defendants believe that the mortgage payments for January, 2003 and February,
2003 were made to Plaintiffs.
3
22. Defendants believe and therefore aver that the 2002 real estate taxes were, in fact,
paid for the property at 2027 Herr Street and are not currently outstanding.
23. With respect to the real estate taxes for 2003, Defendants are only obligated to
pay a pro-rata share of those expenses since the Installment Agreement of Sale expired on
February 28, 2003.
24. Plaintiffs are not entitled to an award of interest on any allegedly unpaid amounts,
nor are Plaintiffs entitled to an award of "accommodation charges" and/or attorney's fees.
25. By way of further Answer, Defendants hereby incorporate the allegations
contained in the Petition to Strike and/or Open Confession of Judgment which was filed in this
action on January 8, 2004.
COUNTERCLAIM PURSUANT TO PA.R.C.P.I031
COUNT I
26. Defendants herein incorporate Paragraphs I through 25 of their Answer to
Plaintiffs' Complaint as if fully set forth herein
27. Prior to Plaintiffs taking repossession of the property at 2027 Herr Street from
Defendants, the parties entered into an agreement whereby the Plaintiffs were to allow
Defendants a reasonable time to secure the necessary financing to satisfy the Installment
Agreement of Sale. Defendants therefore relied upon Plaintiffs' assertion and in good faith
sought the necessary financing to satisfy the Installment Agreement of Sale.
28. However, Plaintiffs breached this agreement by demanding the satisfaction of the
Installment Agreement of Sale before Defendants had a reasonable opportunity to secure the
necessary financing.
4
29. Defendants, to their detriment, relied upon Plaimiffs' assertion that they had a
reasonable amount oftime to secure the requisite financing, and as a result of that detrimental
reliance, suffered a loss of $35,000.00.
WHEREFORE, Defendants request that judgment be entered in their favor and against
Plaintiffs in the amount of$35,000.00, plus interest, reasonable attorneys' fees, costs and any
other just and equitable relief that the Court deems proper.
COUNT II
30. Defendants herein incorporate Paragraphs I through 29 of their Answer to
Plaintiffs Complaint as if fully set forth herein.
31. Plaintiffs in bad faith confessed judgment against Defendants for amounts owed
on water bills that pre-date the Installment Agreement of Sale.
32. Plaintiffs in bad faith confessed judgment against Defendants for real estate taxes
that were already satisfied.
33. Plaintiffs' actions constitute a wrongful use of civil proceedings under the
Dragonetti Act. 42 Pa. Cons. Stat. S 8351 (1998).
34. Plaintiffs instituted this civil proceeding against Defendants without probable
cause and for an improper purpose in violation of the Dragonetti Act.
5
WHEREFORE, Defendants seek any and all relief available to them pursuant to 42
Pa.C.S.A. S 8351 (1998).
Ki . Coates
Attorney ID No. 52654
Donald 1. Carmelite
Attorney ID No. 84730
KELLY, HOFFMAN & GODUTO, LLP
Commerce Towers, 10th Floor
300 North Second Street
P.O. Box 62003
Harrisburg, PA 17106-2003
(717) 920-8100
Dated: January ~04
Attorneys for Defendants William T. Phillipy, IV
and Patricia Phillipy
6
VERIFICATION
I, William T. Phillipy, IV, hereby state that I have read the foregoing Answer to
Complaint with New Matter, which has been drafted by counsel. The factual statements
contained therein are true and correct to the best of my knowledge, information and belief,
although the language is that of counsel, and, to the extent that the content of the foregoing
document is that of counsel, I have relied upon counsel in making this Verification.
I understand that the statements therein are made subject to the penalties of 18 Pa. C.S.A.
S 4904 relating to unsworn falsifications to authorities.
LT0
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Dated: January S , 2004
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and sul:Jnitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter for the next Argt.ment Court.
---------------------------------------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
JAMES P. GREENE AND JENNIFER J. GREENE
(Plaintiff)
vs.
WILLIAM T. PHILLIPY IV AND PATRICIA R. PHILLIPY
( Defendant)
No. 03-6395 Civil
X9C 2003
1. State matter to be argued (i.e., plaintiff's rrotion for new trial. defendant's
demurrer to complaint. etc.):
Defendants' Petition to Strike and/or Open Confession of Judgment
2. Identify =unsel who will argue case:
( a) for plaintiff:
Address:
Jerome J. McDonald, Esq.
439 Walton Avenue
Hummelstown, PA 17036
(b) for defendant:
Address:
Donald L. Carmelite, Esquire
Kelly, Hoffman & Goduto LLP
300 N. 2nd Street - Commerce Towers
Harrisburg, PA 17101
3. I will notify all parties in writing within two days that this case has
been listed for argunent.
4. Argt.ment Court Date:
March 24, 2004
I1ated:
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JAMES P. GREENE and JENNIFER
1. GREENE, his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
NO. 03-6395
v.
WILLIAM T. PHILLIPY, IV and
PATRICIA R. PHILLIPY, his wife,
Defendants
CIVIL ACTION LAW
JURY TRIAL DEMANDED
PLAINTIFFS ANSWER TO NEW MATTER
AND COUNTERCLAIM
12. Paragraph 12 is an incorporation paragraph to which no response is required.
13. Denied. Defendants have stated a legal conclusion to which no response is
required.
14. Denied. Defendants have not fully satisfied all obligations under the Installment
Sales Agreement since they did not make the required monthly payments under the Agreement
for January and February 2003 and did not pay the applicable water bills and real estate tax bills.
15. Denied. The liability of each party under the Installment Sales Agreement is a
separate and distinct liability, therefore, the Defendants are clearly liable under the Agreement
whether Mr. John Clark is a party to the suit or not.
16. Denied. Defendants have stated a legal conclusion to which no response is
required. By way of further response, John Clark is not an indispensable party to the suit since
each party's liability under the Agreement is a separate and distinct liability.
17. Denied. The amount sought by the Plaintiffs are obligations that were due and
payable by the Defendants under the Agreement. The applicable water bills or real estate bills or
monthly payments can all be considered the principal amount of the amount owed and payable
by the Defendants. If Defendants are arguing that Plaintiffs can only file a Confession of
Judgment for the balance remaining to be paid under the Installment Sales Agreement that would
mean that the Confession of Judgment would have amounted to approximately $80,000.
Plaintiffs fail to understand why Defendants would insist that an $80,000 Confession of
Judgment be filed against them rather than the current amount of$14,504.41.
18. Denied. Defendants have not fully satisfied all the obligations under the
Agreement of Sale and Plaintiffs are entitled to payment of the amounts owed.
19. Denied. The fact that Defendants breached the Agreement and did not purchase
the subject property by February 28, 2003, does not eliminate the obligations the Defendants had
while occupying or improperly subleasing the property.
20. Denied. If Defendants believe that the $4,795.56 is not the correct amount owed
then Plaintiffs demand that Defendants provide proof that a lesser amount is owed to Plaintiffs.
21. Denied. Defendants believe that the mortgage payments for January and February
of 2003 were paid but, in fact, they were not paid. Neither Mr. Vincent Gladfelter nor John
Clark made payments for the months of January and February 2003.
22. Denied. The 2003 real estate taxes for the subject property have not been paid.
23. Admitted in part and denied in part. It is admitted that Defendants should only
pay a pro rata portion of the 2003 real estate taxes, however, Defendants are fully responsible for
any interest and penalties due since the 2003 real estate tax bill was not paid by Defendants as
required under the Installment Sales Agreement.
2
24. Denied. Plaintiffs are entitled to all interest or accommodation charges and
attorney's fees allowed under the Installment Sales Agreement.
25. Paragraph 25 is an incorporation paragraph to which no response is required.
COUNTERCLAIM PURSUANT TO Pa.R.C.P. 1031
Count I
26. Paragraph 26 is an incorporation paragraph to which no response is required.
27. Denied. Defendants had more than enough time to make arrangements for
financing between March 1999 and February 2003. Plaintiffs gave the Defendants more than
enough time to obtain the necessary financing.
28. Denied. The response included in paragraph 27 is incorporated herein.
29. Denied. Plaintiffs gave Defendants more than a reasonable amount of time to
secure financing and, therefore, Plaintiffs are not liable to Defendants for any alleged loss.
WHEREFORE, Plaintiffs request that Count I of Defendants' Counterclaim be dismissed
and Plaintiffs awarded costs and reasonable attorney's fees.
Count II
30. Paragraph 30 is an incorporation paragraph to which no response is required.
31. Denied. Plaintiffs did not act in bad faith and filed the Confession of Judgment
for the outstanding water bill. Defendants argue that is the incorrect amount but attach no proof
to their Answer which shows the amount the Defendants believe is actually owed to Plaintiffs.
32. Denied. Plaintiffs did not act in bad faith and confess judgment for the real estate
taxes since the real estate taxes have not been paid.
3
33. Denied. Defendants have stated a legal conclusion to which no response is
required. By way of further response, Plaintiffs have not acted in a grossly negligent manner
and, therefore, did not violate 42 Pa. Cons. Stat. Section 8351 (1998 - The Dragonetti Act).
34. Denied. Defendants have stated a legal conclusion to which no response is
required. By way of further response, Plaintiffs have not acted in a grossly negligent manner
and, therefore, did not violate 42 Pa. Cons. Stat. Section 8351 (1998 - The Dragonetti Act).
Wherefore, Plaintiffs request that the Court dismiss Count II of the Defendants'
Counterclaim and award Plaintiffs cost and reasonable attorney's fees.
Respectfully submitted,
By: L
J ome J. onald, Esquire
ttorney I.D. # 44697
439 Walton Avenue
Hummelstown, P A 17036
(717) 566-2172
Date:
J -27-o~
Attorney for Plaintiffs
4
VERIFICATION
We, James P. Greene and Jennifer J. Greene, hereby state that we have read the foregoing
Answer to New Matter and Counterclaim which has been drafted by counsel. The factual
statements contained therein are true and correct to the best of my knowledge, information and
belief, although the language is that of counsel, and, to the extent that the content of the
foregoing document is that of counsel, we have relied upon counsel in making this Verification.
We understand that the statements therein are made subject to the penalties of 18 Pa.
C.S.A. S 4904 relating to unsworn falsifications to authorities.
Dated: (:) cr- 0 y
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JAMES P. GREENE and
JENNIFER J. GREENE,
his wife,
Plaintiffs
v.
WILLIAM T. PHILLIPY,
IV and PATRICIA R.
PHILLIPY, his wife,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION-LAW
NO. 03-6395 CIVIL TERM
IN RE: DEFENDANTS' PETITION TO STRIKE
AND/OR OPEN CONFESSION OF JUDGMENT
BEFORE HOFFER, P.J., and OLER, J.
ORDER OF COURT
AND NOW, this 9th day of July, 2004, after careful consideration of Defendants'
Petition To Strike and/or Open Confession of Judgment, and for the reasons stated in the
accompanying opinion, the Confession of Judgment, as entered on December 10,2004, is
stricken.
vte;:ome J. McDonald, Esq.
439 Walton Ave.
Hummelstown, P A 17036
Attorney for Plaintiffs
/Donald L. Carmelite, Esq.
Kelly, Hoffman & Goduto, LLP
Commerce Towers, 10th Floor
300 North Second Street
P.O. Box 62003
Harrisburg, PAl 7106
Attorney for Defendants
BY THE COURT,
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JAMES P. GREENE and
JENNIFER J. GREENE,
his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION-LAW
WILLIAM T. PHILLIPY,
IV and PATRICIA R.
PHILLIPY, his wife,
Defendants
NO. 03-6395 CIVIL TERM
IN RE: DEFENDANTS' PETITION TO STRIKE
AND/OR OPEN CONFESSION OF JUDGMENT
BEFORE HOFFER, P.J., and OLER, J.
OPINION and ORDER OF COURT
OLER, J., July 9, 2004.
This case arises out of a real estate transaction between James P. and Jennifer J.
Greene (Plaintiffs/Sellers), William T. and Patricia R. Phillipy (Defendants/Buyers), and
John M. Clark, II (Buyer) for a parcel of land known as 2027 Herr Street, Harrisburg,
Dauphin County, Pennsylvania. Defendants allegedly defaulted on the Installment
Agreement of Sale; therefore, Plaintiffs filed a Complaint, and a confession of judgment
was entered against Defendants in the amount of $14,504.41 for past-due monthly
installment payments, water bill payments, real estate tax bills, late-payment fees,
attorney's fees, and interest. I For disposition at this time is Defendants' Petition To
Strike and/or Open the Confession of Judgment.
For the reasons stated in this opinion, Defendants' petition to strike the confession
of judgment will be granted.
1 PIs.' Confession of J., filed Dec. 10,2003 (hereinafter PIs.' Confession of J.).
STATEMENT OF FACTS
Plaintiffs are James P. Greene and Jennifer J. Greene, husband and wife, who
currently live at 4700 Hunt Circle, Harrisburg, Dauphin County, Pennsylvania. 2
Defendants are William T. Phillipy, IV, and Patricia R. Phillipy, husband and wife, who
currently live at 236 Erford Road, Camp Hill, Cumberland County, Pennsylvania.3
On March 30, 1999, Defendants, along with John M. Clark, II, entered into an
Installment Agreement of Sale with the Plaintiffs for the purchase of a parcel of land
known as 2027 Herr Street, Harrisburg, Dauphin County, Pennsylvania.4 The purchase
price of the parcel ofland was $125,000.00, which, along with any interest accrued, was
to be paid in full no later than February 28, 2003.5 Thl: Installment Agreement of Sale
specified minimum monthly "mortgage" payments whi,ch the Buyers were required to
make by the 30th day of each month.6 The amount of these monthly payments varied
over the term of the agreement. 7 In addition to the monthly mortgage payments, the
Buyers were also required to pay the water bills, sewer bills, refuse bills, utility bills, and
real estate taxes associated with the parcel of land.8 The Installment Agreement of Sale
was void of any indication as to how these payments would be apportioned among the
Buyers, or how liability would be assigned if the Buyers defaulted on the contract.9
2 PIs.' CompI., filed Dec. 10, 2003, '1 (hereinafter PIs.' CompI. -->; Answer of Defs. William T. Phillipy,
IV, and Patricia R. Phillipy, His Wife, to Pis.' CampI., filed Jan. 8, 2004, '1 (hereinafter Defs.' Answer
-).
J PIs.' CompI. '2; Defs.' Answer '2.
4 PIs.' CompI. '3; Defs.' Answer '3; Installment Agreement of Sale, PIs.' CompI. Ex. A, (hereinafter
Installment Agreement of Sale).
5 PIs.' CompI. '4; Defs.' Answer '4; Installment Agreement of Sale.
· Installment Agreement of Sale. Paying only the minimum monthly payments each month would not
have resulted in the principal balance being paid in full by February 2:~, 2003.
7 Installment Agreement of Sale.
8 Installment Agreement of Sale.
9 Installment Agreement of Sale.
2
On February 28,2003, the Buyers had not yet paid in full the purchase price of the
property, including the interest which had accrued.10 Furthermore, according to
Plaintiffs, the Buyers failed to pay the monthly paym~:nts for January and February of
2003, as well as the water bill and real estate taxes for the property." Because the
Buyers failed to finalize the purchase, and because of the Buyers' alleged failure to make
the mortgage payments and pay the water bill and real estate taxes, Plaintiffs claimed the
Buyers were in default of the Installment Agreement of Sale.l2 Paragraph thirteen of the
Installment Agreement of Sale defined default as:
13. Default-Any failure of the Buyer to make payment of any
monies required by this Agreement within thirty (30) days after the due
date for such payment, or any acts, or the performance of any act required
by this Agreement, or the failure to perform :my act required by this
Agreement, may constitute a default, at the option of the Seller. In the case
of default by Buyer, Seller shall retain any and all monies received under
the provisions of this Agreement (whether on account of purchase money
or otherwise) as compensation for Buyer's use and occupancy of said
premises and as liquidated damages for breach of this Afeement and said
payments shall be deemed to be rent and non-refundable.l
Because the Buyers were in default, an attorney of any court of record in the
Commonwealth of Pennsylvania, under paragraph fourteen of the Installment Agreement
of Sale, was authorized to file a confession of judgment against the Buyers.14 Paragraph
fourteen stated:
14. Confession of Judgment-In the event of default of payment of
any sum of principal or interest herein agreed to be paid for the space of
thirty (30) 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, the whole
of said principal sum, at the option of Seller, shall become due and payable
forthwith, anything hereinbefore contained to the contrary notwithstanding.
In such cause of default, Buyer hereby authorizes and empowers any
10 PIs.' CampI. ~5; Defs.' Answer ~5.
"PIs.' CampI. ~~5-7.
12 PIs.' CampI. ~~5-7.
13 Installment Agreement af Sale.
14 Installment Agreement of Sale.
3
attorney of any court of record in the Commonwealth of Pennsylvania or
elsewhere to appear for Buyer and confess a judgment for the entire
principal sum and interest remaining unpaid hereon, with 15% attorney's
commission or fees, hereby waiving the right of I~xemption and inquisition,
so far as the land herein described and any property or building thereon
may be concerned. Said Seller, at Seller's option, among other remedies
available to Seller, may proceed by action or ejectment on this Agreement
after default made as aforesaid for the recovery of said prernises; in such
case, Buyer hereby authorizes and empowers any attorney of any court of
record in the Commonwealth of Pennsylvania, or elsewhere, to appear for
Buyer and confess judgment of ejectment, and authorizes the immediate
issuing of a writ of possession and execution (without asking leave of
court) for the costs and 15% attorney's commission or fees, waiving all stay
and exemption laws. 15
On December 10, 2003, an attorney filed a Confession of Judgrnent against
Defendants for $14,504.41.16 The Confession of Judgment included: $2,571.54 for the
January and February mortgage payments, $4,795.56 for the water bill, $3,600.32 for real
estate taxes, $128.58 for a late payment fee, $257.15 for interest on the unpaid mortgage
payments, $1,259.38 for interest on the unpaid real estate taxes and water bill, and
$1,891.88 for the fifteen percent attorney's fee.17 No confession of judgment was filed
against the other buyer, John M. Clark, 11.18
On January 8, 2004, Defendants filed a Petition To Strike and/or Open Confession
of Judgment. 19 Defendants argued that the Confession of Judgment should be stricken
because it did not name the third buyer, John M. Clark, n.20 Defendants further argued
that the Confession of Judgment should be stricken because it included claims for water
services, real estate taxes, late payment fees, interest on unpaid bills, and attorney's fees,
15 Installment Agreement of Sale.
16 PIs.' Confession of J.
17 PIs.' Confession of J.
" Defs.' Pet. To Strike and/or Open Confession of J., filed Jan. 8, 2004, ~5 (hereinafter Defs.' Pet. To
Strike and/or Open Confession of J._J
19 Defs.' Pet. To Strike and/or Open Confession of J. Included with Defendants' Petition To Strike and/or
Open Confession of Judgment was Defendants' Answer to Plaintiffs' Complaint, as well as a two-count
Counterclaim.
20 Defs.' Pet. To Strike and/or Open Confession ofJ. ~5.
4
none of which was permitted by the warrant of attorney that was contained III the
Installment Agreement ofSale.21
Alternatively, Defendants also argued that the Confession of Judgment should be
opened because there were disputes as to whether amounts listed in the Confession of
Judgment had already been paid, or were required to have been paid at all by
Defendants. 22 According to Defendants, the January mortgage payment was made by
Vincent Gladfelter, a tenant at the Herr Street property, and the February payment was
made by John M. Clark, II.23 Defendants also alleged that Vincent Gladfelter paid the
real estate taxes for 2002, and that Defendants properly owed only a pro-rata share of the
taxes (for January and February) for 2003.24 Defendants further claimed that Plaintiffs
included amounts for water bills which were incurred prior to Defendants' entering into
the Installation Agreement of Sale.25 Finally, because of their above claims, Defendants
alleged that they should not have been assessed interest on the water bill and real estate
taxes to the extent stated in the Confession of Judgment. 26
Both parties have submitted briefs on Defendants' Petition To Strike and/or Open
Confession of Judgment.27 The matter was argued before the above court en bane on
March 24, 2004.
DISCUSSION
Statement of Law
Striking or Opening a Confession of Judgment-Generally. Striking or opening a
confession of judgment are two separate remedies aimed at curing separate defects in a
21 Defs.' Pet. To Strike and/or Open Confession of J. ~9.
22 Defs.' Pet. To Strike and/or Open Confession of J. n17, 28.
23 Defs.' Pet. To Strike and/or Open Confession of J. ~~20-21. It is not clear from the pleadings when
Vincent Gladfelter became a tenant at the Herr Street property.
24 Defs.' Pet. To Strike and/or Open Confession of J. ~~23-24.
25 Defs.' Pet. To Strike and/or Open Confession of J. ~22.
26 Defs.' Pet. To Strike and/or Open Confession of J. ~~25-27.
27 PIs.' Br. in Opposition to Defs.' Pet. To Strike and/or Open the Confession of J., filed Mar. 18, 2004;
Br. of Defs. William T. Phillipy, IV, and Patricia R. Phillipy, His Wife, in Supp. of Pet. To Strike and/or
Open the Confession of J., filed Mar. 12,2004.
5
confession of judgment proceeding. Manor Bldg. Corp. v. Manor Complex Assoc., 435
Pa.Super. 246, 251 n.2, 645 A.2d 843,845 n.2 (1994). Striking a confession of judgment
is appropriate when there are "defects apparent on the face of the record," while opening
a confession of judgment is appropriate when "the defendant can prove a defense to all or
part of the plaintiff's claim." Id.
Relief from a confession of judgment must be sought by a single petition, with all
grounds for striking or opening the confession of judgment asserted in the petition. Pa.
R.C.P. 2959(a)(1). The court must then determine whether or not the confession of
judgment should be stricken. Pa. R.C.P. 2959(e).
As noted, a confession of judgment will be stricken when there are defects which
are apparent on the face of the record. Manor Bldg. Corp., 435 Pa.Super. at 251,645
A.2d at 846. When the plaintiff commences a proceeding for a confession of judgment
by filing a complaint, "the complaint and confession of judgment clause must be read
together to determine whether there are defects on the face of the record." Crum v.
Shaffer, 693 A.2d 984, 986 (Pa. Super. Ct. 1997). Furthermore, any apparent defects
found on the face of the record must also be alleged in the petition for striking the
confession of judgrnent in order for the court to strike the confession of judgment. See
Manor Bldg. Corp., 435 Pa.Super. at 252,645 A.2d at 846.
If the confession of judgment is not stricken, lthe court must then determine
whether there is a prima facie case for opening the confession of judgment. See Pa.
R.C.P.2959(b). If the court finds there is a prima facie case for opening the confession
of judgment, the court will issue a rule to show cause, the plaintiff will file an answer,
and the court-based upon the petition, answer, and any testimony, depositions,
admissions, or other evidence-will rule on whether or not the confession of judgment
should be opened. See Ohio Pure Foods v. Barbe, 548 Pa. 373, 375, 697 A.2d 252, 253
(1997); Pa. R.C.P. 2959. The confession of judgment wiJj[ be opened when the defendant
has "act[ed] promptly, alleg[ed] a meritorious defense and present[ed] sufficient evidence
of that defense to require submission of the issues to the jury." Dollar Bank, Fed. Say.
Bank v. Northwood Cheese Co., 431 Pa.Super. 541, 546, 637 A.2d 309, 311 (1994),
6
quoting First Seneca Bank v. Laurel Mountain Dev. Corp., 506 Pa. 439, 443, 485 A.2d
1086, 1088 (1984); Ohio Pure Foods, 548 Pa. at 375-76, 697 A.2d at 253.
Petition To Strike-Alleged Defect: Failure To Name a Party. According to
Pennsylvania Rule of Civil Procedure 2229( d):
A plaintiff who asserts a cause of action ex contractu may join as
defendants all or anyone or more persons alleged to be liable to the
plaintiff on or by reason of the breach of the contractual obligation sued
upon, regardless of the capacities in which such persons are respectively
liable or whether they are primarily or secondarily liable or whether their
liabilities arise from the same or separate acts or undertakings; but where
the liability of any defendant is solely joint, the plaintiff shall join all other
persons jointly liable with such defendant.
Pa. R.C.P. 2229(d) (emphasis added). Liability for a promise made by two or more
parties will be considered solely joint "in the absence of an apparent intention to the
contrary." Meinhart v. Heaster, 424 Pa.Super. 433, 437, 622 A.2d 1380, 1382 (1993),
quoting Levin v. Fidelity-Philadelphia Trust Co., 358 Pa.Super. 124, 128, 56 A.2d 239,
241 (1948). The language of the contract will be used to determine whether the parties
intended to create joint, several, or joint and several liability for any possible breaches of
the contract. Meinhart, 424 Pa.Super. at 437, 622 A.2d at 1382; Levin, 358 Pa.Super. at
128,56 A.2d at 241.
Petition To Strike-Alleged Defect: Exceeding Scope of the Warrant of Attorney.
A confession of judgment rnust be entered "in rigid adherence" to the warrant of attorney,
and the language of the warrant ofattomey must be strictly construed. Scott Factors, Inc.
v. Hartley, 425 Pa.Super. 290, 293, 228 A.2d 887,888 (1967). A confession of judgment
which includes amounts which were not authorized by the warrant of attorney is void in
its entirety and must be stricken. Germantown Sav. Bank v. Talacki, 441 Pa.Super. 513,
526,657 A.2d 1285, 1292 (1995); Scott Factors, Inc. 425 Pa.Super. at 293, 228 A.2d at
888. "[A]ny doubt as to the validity of such judgments must be resolved against the party
entering the judgments." Scott Factors, Inc. 425 Pa.Super. at 293, 228 A.2d at 888.
7
Application of Law to Facts
Defendants' Petition To Strike. In the present case, the court believes that
Defendants' petition to strike the confession of judgment should be granted because (1)
Plaintiffs failed to name a party who was jointly liabk for breaches of the Installment
Agreement of Sale, and (2) amounts were included in the Confession of Judgment which
were not authorized by the warrant of attorney.
Plaintiffs erred in failing to name John M. Clark, II, as a party to the action. The
Installment Agreement of Sale made no reference to whether Defendants and Mr. Clark
would be held jointly, severally, or jointly and severally liable for breaches of the
Installment Agreement of Sale. Because the Installment Agreement of Sale is void of
any language which would demonstrate an intention of the parties to subject the Buyers
to solely several or joint and several liability, it is assumed under law that the liability is
joint.28 Because Pennsylvania Rule of Civil Procedure 2229(d) requires that, "where the
liability of any defendant is solely joint, the plaintiff shall join all other persons jointly
liable with such defendant[,]" the Plaintiffs erred by not naming John M. Clark, II, the
third buyer, as a party to the action.29
It was also incorrect to include claims in the Confession of Judgment which were
not authorized by the warrant of attorney. The warrant of attorney stated that an attorney
could file a confession of judgment for "any sum of principal or interest" on which the
Buyers had defaulted, as well as fifteen percent attorney's fees.3o There is nothing in the
language of the warrant of attorney, however, which authorizes a claim for water bills,
real estate taxes, late payment fees, or interest on any of these amounts. Furthermore,
these claims cannot be read into the warrant of attorney's allowance for claims for "any
sum of principal or interest" because the language of the warrant of attorney must be
strictly construed, with any ambiguity resolved against the party entering the
28 Meinhart v. Heaster, 424 Pa.Super. 433, 437,622 A.2d 1380, 1382 (1993).
29 Pa. R.C.P. 2229(d).
30 Installment Agreement of Sale.
8
judgments.3l By virtue of the inclusion of claims for water bills, real estate taxes, late
payment fees, or interest on any of these amounts, the Confession of Judgment was not
filed "in rigid adherence" to the warrant of attorney, as a consequence of which the
Confession of Judgment was improper.32
Defendants' Petition To Open. Because the: court has concluded that the
Confession of Judgment should be stricken, it is unnecessary to assess the merits of the
Defendants' petition to open the confession of judgment.
ORDER OF COURT
AND NOW, this 9th day of July, 2004, after cardul consideration of Defendants'
Petition To Strike and/or Open Confession of Judgment, and for the reasons stated in the
accompanying opinion, the Confession of Judgment, as lentered on December 10, 2004, is
stricken.
BY THE COURT,
sf J. Wesley Oler, Jr.
J. Wesley Oler, Jr., J.
Jerome J. McDonald, Esq.
439 Walton Ave.
Humrnelstown, P A 17036
Attorney for Plaintiffs
Donald L. Carmelite, Esq.
Kelly, Hoffman & Goduto, LLP
Commerce Towers, 10th Floor
300 North Second Street
P.O. Box 62003
Harrisburg, P A 17106
Attorney for Defendants
31 Installment Agreement of Sale.
31 Scott Factors. Inc. v. Hartley, 425 Pa.Super. 290, 293, 228 A.2d887, 888 (1967).
9
JAMES P. GREENE and
JENNIFER J. GREENE, his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
WILLIAM T. PHILLlPY, IV, and
PATRICIA R. PHILLlPY, his wife,
Defendants
NO.: 03-6395 CIVIL TERM
PRAECIPE TO DISCONTINUE AND SETTLE SUIT
Please mark the above-referenced case discontinued. settled and satisfied.
Respectfully submitted,
By:
,
ome J. onald, Esquire
Attorney I.D. # 44697
439 Walton Avenue
Hummelstown, P A 17036
(717) 566-2127
Date: //3;::>~?
.
Attorney for Plaintiffs
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