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HomeMy WebLinkAbout08-4747REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: JJpietrzak 2ReagerAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for James F. Carchidi, Jr. JAMES F. CARCHIDI, JR. : IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION ROBERT PANTLE, : NO. 09` X17117 Defendant : CONFESSION OF JUDGMENT CONFESSION OF JUDGMENT Pursuant to the authority in the Warrant of Attorney, the original or a copy of which is attached to the Complaint filed in this action, I appear for the Defendant and confess judgment in favor of the Plaintiff and against Defendant as follows: Principal $ 8,379.89 Interest $ 260.82 (plus $1.31 per day after 7/30/08) Collection fees $ 399.52 (attorney's commission) Total: $ 9,040.23 Respectfully submitted, REAGER & ADLER, P.C. Date: August 7, 2008 J for Defendants t REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzak(cyReagLerAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams@a,ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for James F. Carchidi, Jr. JAMES F. CARCHIDI, JR. Plaintiff V. ROBERT PANTLE, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. CONFESSION OF JUDGMENT ENTRY OF APPEARANCE TO THE PROTHONOTARY: Enter my appearance for the above-named Defendant pursuant to the Warrant of Attorney contained in the Sales Contract, attached hereto. Respectfully submitted, REAGER & ADLER, P.C. Date: August 7, 2008 John 0. Pietrzak, REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: JpietrzakaReagerAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorn ys for James F. Carchidi, Jr. JAMES F. CARCHIDI, JR. Plaintiff V. ROBERT PANTLE, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. : CONFESSION OF JUDGMENT NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY CONFESSION has been entered against you in the above proceeding and that enclosed herewith is a copy of all of the documents filed in support of said judgment. If you have any questions concerning this notice, please call John J. Pietrzak at (717) 763-1383. "- Pro tx`tary REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzak(a,ReaaerAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams@a,ReagerAdlerPC,com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for James F. Carchidi, Jr. JAMES F. CARCHIDI, JR. Plaintiff V. ROBERT PANTLE, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION . NO. : CONFESSION OF JUDGMENT NOTICE UNDER RULE 2737.1 OF RIGHT TO RECOVER ATTORNEY FEES AND COSTS AND PROCEDURE TO FOLLOW TO STRIKE OFF OR OPEN A CONFESSED JUDGMENT TO: Robert Pantle Pursuant to 42 Pa.C.S.A. 2737. 1, you are hereby notified that a debtor who has been incorrectly identified and had a confession of judgment entered against him shall be entitled to costs and reasonable attorney fees as determined by the court. Pursuant to 42 Pa,C.S.A. § 273 you are hereby notified of the instructions regarding the procedure to follow to strike off or open a confessed judgment under Pennsylvania Rule of Civil Procedure 2959, which is reproduced in full, on the following page. Date: August 7, 2008 REAGER & ADLER, P.C. J /'4 Ila J H. Pi , Esquire 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 PENNSYLVANIA RULE OF CIVIL PROCEDURE 2959 STRIKING OFF OR OPENING JUDGMENT; PLEADINGS AND PROCEDURE (a)(1) Relief from a judgment by confession shall be sought by petition. Except as provided in subparagraph (2), all grounds for relief whether to strike off the judgment or to open it must be asserted in a single petition. The petition may be filed in the county in which the judgment was originally entered, in any county to which the judgment has been transferred or in any other county in which the sheriff has received a writ of execution directed to the sheriff to enforce the judgment. (2) The ground that the waiver of the due process rights of notice and hearing was not voluntary, intelligent and knowing shall be raised only (i) in support of a further request for a stay of execution where the court has not stayed execution despite the timely filing of a petition for relief from the judgment and the presentation of prima facie evidence of a defense; and (ii) as provided by Rule 2958.3 or Rule 2973.3. (3) If a written notice is served upon the petitioner pursuant to Rule 2959.1(c)(2) or Rule 2973.1(c), then petition shall be filed within thirty days after such service. Unless the defendant can demonstrate that there were compelling reasons for the delay, a petition not timely filed shall be denied. (b) If the petition states prima facie grounds for relief, the court shall issue a rule to show cause and may grant a stay of proceedings. After being served with a copy of the petition the plaintiff shall file an answer on or before the return day of the rule. The return day of the rule shall be fixed by the court by local rule or special order. (c) A party waives all defenses and objections which are not included in the petition or answer. (d) The petition and the rule to show cause and the answer shall be served as provided in Rule 440. (e) the court shall dispose of the rule on petition and answer, and on any testimony, depositions, admissions and other evidence. The court for cause shown may stay proceedings on the petition insofar as it seeks to open the judgment pending disposition of the application to strike off the judgment. If evidence is produced which in a jury trial would require the issues to be submitted to the jury, the court shall open the judgment. (f) The lien of the judgment of or any levy or attachment shall be preserved while the proceedings to strike off or open the judgment are pending. JAMES F. CARCHIDI, JR. Plaintiff V. ROBERT PANTLE, Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION . NO. : CONFESSION OF JUDGMENT NOTICE UNDER RULE 2958.1 OF JUDGMENT AND EXECUTION THEREON NOTICE OF DEFENDANTS' RIGHTS TO: Robert Pantle A judgment in the amount of $9,040.23 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 already 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 your 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Dauphin County Lawyer Referral Service 213 N. Front St. Harrisburg, PA 17101 717-232-7536 Date: August 7, 2008 f4 Jo H. Pietrzak, Esquire AGER & ADLER, P.C. 2331 Market Street Camp Hill, PA 17011 (717) 763-1383 Attorneys for Plaintiff, James F Jr. Carchidi, REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jnietrzak(a ReagerAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams@Rea?_rAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for James F. Carchidi, Jr. JAMES F. CARCHIDI, JR. Plaintiff V. ROBERT PANTLE, Defendant IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. CONFESSION OF JUDGMENT COMPLAINT IN CONFESSION OF JUDGMENT 1. Plaintiff, James F. Carchidi, Jr. (hereinafter "Carchidi") is an adult individual with a mailing address of 60 High Ridge Trail, Mechanicsburg, Pennsylvania 17050. 2. Defendant Robert Pantle (hereinafter "Pantle") is an adult individual with a mailing address of 460 St. Johns Drive, Camp Hill, Pennsylvania 17011. 3. This is an action to confess judgment for damages arising out of Pantle's default of an installment real estate contract entered into between Pantle and Carchidi on February 1, 2005. 4. Judgment is not being entered by confession of judgment against a natural person in connection with a consumer credit transaction. 5. On February 1, 2005, Pantle and Carchidi entered into an installment real estate contract (hereinafter the "Sales Contract") under which Pantle agreed to purchase and Carchidi agreed to sell certain real property located at 2626 Derry Street, Harrisburg, Dauphin County, Pennsylvania 17104 (hereinafter "the Property") to Pantle for $55,000.00, payable in monthly installments of $449.41 for a period of 215 months. 6. A true and correct copy of the Sales Contract under which Carchidi has confessed judgment is attached hereto and incorporated herein, as Exhibit "A". 7. Under the terms of the Sales Contract, Pantle was obligated to pay $450.00 per month to Carchidi. In the event Pantle defaulted on a payment, a $50.00 late fee was to be added to the monthly payment, for a total of $500.00. 8. Pantle has defaulted under the terms of the Sales Contract by failing to pay the $450.00 monthly installment for January, February and March 2007. Accordingly, the $50.00 late fee applies to each missed monthly payment, for a total of $1,500.00. 9. Under the terms of the Sales Contract, Pantle was obligated and responsible to pay any and all real estate taxes, water, sewer and municipal claims and assessment related to the Property. 10. Pantle has defaulted under the terms of the Sales Contract by failing to pay 2007 real estate taxes, water bill and a building code inspection fine, in the total principal amount of $6,490.46. 11. The total principal amount of the judgment sought for the amount in arrears is $7,990.46. 12. Paragraph 9 of the Sales Contract provides that Pantle must pay an accommodation charge of 6% for amounts that Carchidi pays due to Pantle's default. 13. Carchidi paid the total amount of $6,490.46 to pay the 2007 real estate taxes, water bill and a building code inspection fine that Pantle failed to pay. Therefore, Carchidi is entitled to, and Pantle must pay, a 6% accommodation fee of $389.43. 14. The total judgment amount, including 6% interest per year and 5% attorney's fees, as provided for in the Sales Contract, is $9,040.23 plus interest that continues to accrue at $1.31 per day after July 30, 2008. An itemized computation of the judgment amount sought is attached as Exhibit "B". 15. Through legal counsel, Carchidi sent a Notice of Default letter to Pantle by certified mail, return receipt requested on July 14, 2008. The Notice of Default Letter informed Pantle that he was in default of the Sales Contract. A true and correct copy of the July 14, 2008 Notice of Default letter is attached hereto as Exhibit "C". 16. Pantle has not responded to the July 14, 2008 Notice of Default letter and has not paid any amount due for the past due installment payments, taxes, water bills and inspection fine, as set forth above. 17. The Sales Contract under which judgment is being confessed has not been assigned. 18. Judgment has not been entered against Pantle in any jurisdiction for the unpaid sum of $9,040.23 of the debt here demanded. 19. Judgment is demanded as authorized by the Warrant of Attorney contained in the Sales Contract attached as Exhibit "A". 20. The Warrant appearing in the attached Lease is less than twenty (20) years old. 21. Carchidi has taken all actions or complied with all conditions precedent to the filing of this action. WHEREFORE, Plaintiff, James F. Carchidi, Jr. demands judgment against Defendant, Robert Pantle, in the sum of $9,040.23, plus interest, which continues to accrue, as authorized by the Warrant appearing in the attached Sales Contract, together with interest from the date of judgment and costs. Respectfully submitted, REAGER & ADLER, P.C. Date: August 7, 2008 Jo . Pietrzak, Esquire Attey I.D. No. 79538 Thomas O. Williams, Esquire Attorney I.D. No. 67987 Attorneys for Plaintiff, James F. Carchidi, Jr. ?x k, ?,t A mdz/dIeAts/cj2group/2626.Isa May 5.2003 INSTALLMENT SALES AGREEMENT THIS AGREEMENT, made and concluded this day of 2005, by and between JAMES F. CARCHIDI (hereinafter referred to as "Seller") and ROBERT PANTLE (hereinafter referred to as "Buyers"). In consideration of the mutual covenants and agreements hereinafter contained, it is agreed by and between Seller and Buyers, as follows: 1. Premises. Seller agrees to sell to Buyers and Buyers agree to purchase and accept the conveyance of all that certain tract or parcel of land, together with the improvements erected thereon, if any, as more particularly described and set forth in Exhibit "A" which is attached hereto and i ncorporated h erein b y r eference, c ommonly k nown a s 2626 Derry Street, Harrisburg, Dauphin County, Pennsylvania.. 2. Consideration. Buyers agree to pay to Seller as the full consideration or price of the said premises the sum of Fifty Five Thousand Dollars ($55,000), payable as follows: A. The sum of Five Thousand Dollars ($5,000) lawful money of the United States of America upon execution of this Agreement. B. Commencing on the 1st day of March, 2005, and thereafter on the same day of each and every month, Buyers shall make monthly payments of principal and interest, at the rate of Seven Percent (7%) on the remaining balance of Fifty Thousand Dollars ($50,000) in the amount of Four Hundred Forty Nine Dollars and 41A00 ($449.41). The outstanding balance after payments of principal and interest as set forth above shall be due and payable on February 1, 2008, the "maturity datg". This Agreement may be extended for an additional three (3) months for securing financing in the event Buyers have made application for financing with a lending institution before the maturity date. 3. Prepayment. Buyers shall have the right to prepay all of the unpaid principal balance . without penalty assessment by Seller. 3 mdVdIents/c)2group/2626.isa May 5, 2003 4. Encumbrance. Seller acknowledges that there is no current financing against the property and that he owns said property free and clear of any liens or encumbrances. 5. Preparation of Deed. Upon execution of this Agreement, Seller agrees to execute and deliver a deed for the premises described to David W. Reager, Esquire, who shall retain said Deed and deliver same to Buyers upon payment of the full purchase price stated in this Agreement. B uyers a gree t o e xecute and d eliver a Q uit C laim D eed for the p remises described to David W. Reager, Esquire who shall hold and deliver to Seller in the event of a default. At the final closing on the purchase of the premises, Seller shall deliver to Buyers each such deed. 6. Brokerage Fees and Commissions. Seller and Buyers and acknowledge that there is no broker involved in this transaction and that there shall be no brokerage fees paid in connection with this transaction. 7. Possession and Occupancy. Buyers shall be entitled to possession of the premises upon the execution and delivery of this Agreement and the payment of any monies required at the time of, o r p rior t o, s ettlement, w hich s hall o ccur on o r b efore F ebruary 1, 2005. B uyers thereafter shall have the right of occupancy. 8. "portionment of Real Estate Taxes Rents and Expenses. All local real estate taxes shall be apportioned on a fiscal or calendar year basis as appropriate to the date of execution of this Agreement. All rents, water rents, sewer rents, refuse charges and municipal assessments will be apportioned pro-rata as of the legal title transfer of the property from Seller to Buyer. 9. Local Real Estate Taxes, Future Water, Sewer and all Municipal Assessments and Claims. All local real estate taxes, future water, sewer and all municipal assessment and claims accruing from the date of the execution of this Agreement shall be the responsibility of Buyers when and as same shall become due and payable which shall be paid directly to the taxing authority or municipality, as appropriate. Buyer's agree to provide Seller with a receipt marked "Paid" by the taxing authority or municipality for such taxes and municipal services. Failure of Buyers to make such payments on the current basis shall give Seller the option to make payment of the delinquent rents or charges and to add the amounts paid, with interest or penalties plus a six (6%) percent accommodation charge, to the payments otherwise required by this Agreement or at the option of Seller, to record the Quit Claim Deed as referenced above to terminate the equitable interest of Buyer hereunder reverting sole and exclusive ownership, including the rights to any rents, to Seller. 10. Transfer Taxes. Seller shall pay one-half of all realty transfer taxes calculated on the agreed consideration at the rate applicable on the date of this Agreement, provided, however, Seller 2 tndz/c1ients/cj2group/2626.Isa May 5, 2003 shall in no event be obligated to pay more than one (1%) percent of the consideration stated herein. Buyers shall pay increase in the rate thereof together with all other documentary or transfer stamps or taxes. Said conveyance stamps and taxes shall be furnished or paid for at the time of delivery of deed. 11. Casualty and Liability Insurance. Buyers agree, at their own expense, to insure the premises by policy or policies of insurance with extended coverage in the amount of not less than Fifty Thousand Dollars ($50,000). Said insurance policies shall be properly endorsed designating Seller as a loss payee and additional insured. -------------- 12. Legal Title. The premises are being conveyed free and clear of all liens, encumbrances and easements, excepting the following: existing building restrictions, ordinances, easements of roads, privileges or rights of public service companies, if any, agreements or like matters of record, and easements or restrictions visible upon the ground. Otherwise, the title to the described real estate shall be good and marketable, such as will be insured by a licensed Title Insurance Company at regular rates. Legal title shall be conveyed by fee simple deed with a special warranty. Buyers agree to accept title as it exists on the date hereof. 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, Buyers shall have the option of taking such title as Seller can give, without abatement of price, or of being repaid all monies paid by Buyers to Seller on account of the purchase price, less reasonable rental for the period of occupancy, together with such reasonable costs of searching title, recording fees and other expenses as Buyers may have incurred. In the latter event, there shall be no further liability or obligation as to either party concerning this Agreement which thereafter shall be null and void. Buyers shall be entitled to recover the costs aforesaid of title search only if Buyers obtained an attorney's opinion of condition of title and notified Seller of any objections within sixty (60) days after the date hereof. 13. Maintenance and Repairs. Buyers agree that at their own expense, they will maintain the premises and will not permit any waste or disrepair to occur. Buyers agree to comply with federal, state, county or municipal law, ordinance or code in effect now or may become effective in the future. 14. Improvements and Alterations. No major improvements or alterations shall be made to the premises without the prior written consent of Seller, which consent shall not be unreasonably withheld. Buyers agree that Seller or Seller's agent shall have the right at all reasonable times of the day and upon reasonable notice under the circumstances to enter the 3 m+dz/dIents/cj2group/2626Jsa May 5, 2003 premises for the purpose of inspection to determine whether Buyers have complied with the terms hereof. In the event of Buyers' default as to the terms of this Agreement, any and all improvements and additions made to the subject premises shall be and remain a permanent part of the premises; they shall not be removed by Buyers and B uyers will not be entitled to any reimbursement therefor; nevertheless, if such improvements, alterations or additions were made without the prior written approval of Seller, Buyers will remove same within thirty (30) days upon written notice from Seller to do so. In the event of such notice to remove these items, Buyers will repair the surfaces from which such improvements were removed in conformity with the surrounding surfaces. 15. Structural Changes. Any and all structural changes to be made to the premises by the Buyers must have the same approval and meet the same requirements as other improvements and alterations as above provided. In the event that such structural changes are to be made, Buyers shall indemnify Seller from the imposition ofinechanics claims, mechanics liens, and encumbrances of any nature which might affect Seller's interest in the subject premises, except as otherwise may be agreed in writing. 16. Assignment of Sale. This Agreement may not be assigned by Buyers without the prior written approval of Seller, nor may the premises be sold by Buyers by means of an installment sales agreement or comparable document without the prior written approval of Seller; provided that nothing contained in this paragraph shall be construed as a prohibition against the sale of the premises by Buyers to a third party whereby Seller receives the full consideration stated hereinabove. In the event of such an "outright" sale, Seller agrees to execute (at no additional cost to Seller) all documents reasonably required to effect such a sale and conveyance. 17. Warrant as to Use or Occupancy. Seller warrants that present use of the premises are in conformity with federal, state and local laws relative to zoning, building and other laws, ordinances or codes. Seller makes no warranty or representation'as to the conformity of any future use or occupancy of the subject premises insofar as federal, state or local law are concerned relative to zoning, building or other laws, ordinances or codes. In the event that Buyers wish to obtain approval of a change of use or occupancy, Seller agrees to cooperate to any reasonable degree in such application or request, providing all costs associated therewith shall be borne by Buyers. . 18. Condemnation. In the event of condemnation ofthe subject premises or any portion thereof by any governmental agency, public authority or utility prior to the payment of all the within obligations from Buyers to Seller, the payment of damages for the "taking" shall be divided between the Buyers and the Seller "as their respective interests then may appear." 4 mdiJciients/cj2group/2626.isa May 5, 2003 19. Default. Any failure of the Buyers 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 forbidden by this Agreement, or the failure to perform any act required by this Agreement, may constitute a default, at the option of Seller. If any payments due hereunder shall remain unpaid for five (5) days following the designated due date in addition to other remedies hereunder, there shall be imposed a Fifty Dollar ($50.00) late fee which shall be immediately due and payable. In the case of default by Buyers, Seller may (a) declare the principal balance, together with interest and other charges due hereunder, immediately due and payable; (b) retain any and all monies received under the provision of this Agreement (whether on account of purchase money or otherwise) as partial compensation for Buyers' use and occupancy of said premises and a s l iquidated d amages f or b reach o f t his A greement; o r( c) a xercise any r emedies available to Seller at law or in equity. All remedies hereunder may be exercised individually, successively or cumulatively, in the discretion of Seller. All of the above effective only after written notice is provided to Buyers with fifteen (15) days to cure, except that no notice is require prior o imposition of a late fee. Seller agrees to provide written notice of default to Buyer and George Zozoz both or either of which may cure the default. In the event George Zozoz cures said default, any reimbursement between Buyer and George Zozoz is strictly a matter between them and shall not include Seller. At the time of final legal title transfer, Seller will record a deed transferring legal title to Buyer unless Buyer has executed a Quit Claim Deed for his interests hereunder and this Agreement has been assigned to George Zozoz then, in such event, legal title shall be transferred to George Zozoz. Notice of Default shall be.provided to: Buyer: Robert Pantel 1845 Derry Street Harrisburg, PA 17104 With copy to: George Zozoz 605 S. 256 Street Harrisburg, PA 17104 19. Confession of Judgment. In the event of default of payment of any sum of principal or interest herein agree 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 5 mdz1d1ents/cj2group/2626.1sa May 5, 2003 Agreement, the whole of said principal sum in the option of Seller, shall become due and payable forthwith, anything hereinbefore contained to the contrary notwithstanding. In such case of default, Buyers hereby authorize and empower any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere to appear for Buyers and confess a judgment for the entire principal sum and interest remaining unpaid thereon, with five (5%) 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 thereof may be concerned. Said Seller, as Seller's option, among other remedies available to Seller, may proceed by Action of Ejectment on this Agreement after default made as aforesaid for the recovery of said premises; in such case, Buyers hereby authorize and empower any attorney of any court of record in the Commonwealth of Pennsylvania, or elsewhere, to appear for Buyers and confess judgment of ejectment and authorize the immediate issuing of a Writ of Possession and Execution (without asking leave of court) for the costs and five (5%) percent attorney's commission or fees, waiving all stay and exemption laws. Initials: BUYERS ACKNOWLEDGE THAT THEY HAVE BEEN REPRESENTED BY LEGAL COUNSEL IN CONNECTION WITH THE EXECUTION AND DELIVERY OF THIS INSTALLMENT SALES AGREEMENT AND THAT THEY UNDERSTAND THIS PROVISION FOR CONFESSION OF JUDGMENT AND THE BUYERS WAIVE ANY RIGHT TO NOTICE OR HEARING WHICH THEY MIGHT OTHERWISE HAVE BEFORE ENTRY OF JUDGMENT. Initials: P 4( - , - 20. Placement of Liens and Rights of Purchasers to Pay Liens. A. Seller agrees that she will not knowingly or voluntarily. cause any encumbrance to be placed on said property without prior written approval of Buyers. B. Notice of the entry of any mortgage, judgment, lien or other encumbrance affecting title to said premises received by the Seller after the date of the execution of this Agreement shall be given by the Seller to the Buyers within thirty (30) days of the recording thereof in the Cumberland County Courthouse. C. In the event any mortgage, judgment, lien or other encumbrance affecting title to the premises existing at the date of the execution of this Agreement or hereafter entered of record and default in the payment is made by the Seller, then Buyers shall have the right to make the delinquent payments and to receive credit for the full amount of said payment made by the Buyers and to deduct the amount thereof from the required monthly payments under this Agreement. Prior to exercising the rights stated in the paragraph, Buyers shall give Seller three (3) days' notice by certified mail of their tY f ?i {a}s' 6 mdzJdients/cj2group/2626.isa May 5. 2003 intent to do so, but this provision shall not limit Buyers' right to make the delinquent payments and to claim credit therefor. 21. Recording. A Memorandum of this Agreement maybe filed of record in any public office, as appropriate. 22. Applicable Law. 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 in effect at the time of the execution hereof and as they may be amended subsequently. 23. Entire Agreement. This document contains the entire agreement between Buyers and Seller; there are no representations, warranties, covenants, terms or conditions, except as specifically set forth herein. 24. Time of the Essence. Time shall be of the essence of this Agreement and all of its conditions or modifications. 25. Binding Agreement. This Agreement shall extend to and be legallybinding upon the parties hereto, their respective heirs, executors, administrators and assigns. 26. 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 provision. 27. Modification. No modification of this Agreement shall be binding unless the same shall be in writing and duly approved by Seller and Buyers. 28. Descriptive Headings. The descriptive 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. 29. All payments, notices and documents required by this Agreement shall be sufficiently delivered; if mailed by certified mail, postage prepaid, return receipt requested, or personally delivered to one of the parties to this Agreement as follows: A. To Seller, addressed as follows: James F. Carchidi 60 High Ridge Trail Mechanicsburg, PA 17050 7 mdz/d1ents/gj2group/2626.1sa May 5, 2003 B. To Buyers, addressed as follows: Robert Pantel 1845 Derry Street Harrisburg, PA 17104 With copy to: George Zozoz 605 S. 256' Street Harrisburg, PA 17104 IN WITNESS WHEREOF, the parties, intending to be legally bound, have duly executed this contract as of the date first above written. WITNESS: BUYER: Robert aatle GUARANTOR: George Zozoz 8 02/01/2005 Page: 1 AMORTIZATION SCHEDULE Date of First Payment: 03/01/2005 00 000 55 Date Interest Starts: 02/01/2005 Loan Amount: . , Original Number of Payments: 215 Regular Payment: 449.41 Actual Num ber of Payments: 215 Annual Rate: 7.0000 Payment Beginning Total Interest Principal Ending Principal Date Principal Payment Payment Payment 02101/2005 55,000.00 0.00 0.00 0.00 58 128 55,000.00 871.42 54 03/0112005 55,000.00 449.41 41 449 320.83 08 320 . 129.33 , 54,742.09 04/01/2005 05/01/2005 54,871.42 54,742.09 . 449.41 . 319.33 130.08 54,612.01 06/0112005 54,612.01 449.41 318.57 130.84 60 131 54,481.17 349.57 54 07/01/2005 54,481.17 449.41 41 449 317.81 04 317 . 132.37 , 54,217.20 08/0112005 09/01/2005 54,349.57 54,217.20 . 449.41 . 316.27 133.14 54,084.06 10/01/2005 54,084.06 449.41 315.49 133.92 134 70 53,950.14 815.44 53 11/01/2005 53,950.14 449.41 41 449 314.71; 92 313 . 135.49 , 53,679.95 12/0112005 53,815.44 . . 2005 0.00 4,494.10 3,174.05 1,320.05 53,679.95 01/01/2006 53,679.95 449.41 313.13 136.28 7 53,543.67 60 406 53 02/01/2006 53,543.67 449.41 312.34 54 311 137.0 87 137 . , 53,268.73 03/0112006 6 53,406.60 73 268 53 449.41 449.41 . .310.73 . 138.68 53,130.05 04/01/200 05/01/2006 . , 130.05 53 449.41 309.93 139.48 52,990.57 06/01/2006 , 52,990.57 449.41 309.11 140.30 12 141 52,850.27 15 709 52 07/01/2006 52,850.27 449.41 41 449 308.29 47 307 . 141.94 . , 52,567.21 08/01/2006 09/01/2006 52,709.15 567.21 52 . 449.41 . 306.64 142.77 52,424.44 10/01/2006 , 52,424.44 449.41 305.81 143.60 44 144 52,280.84 40 136 52 11/01/2006 52,280.84 449.41 41 449 304.97 13 304 . 145.28 . , 51,991.12 12/01/2006 52,136.40 . . 2006 53,679.95 5,392.92 3,704.09 1,688.83 51,991.12 01 /01 /2007 51,991.12 449.41 303.28 146.13 98 146 51,844:99 01 698 51 02/01/2007 51,844.99 449.41 449 41 302.43 57 301 . 147.84 . , 51,550.17 03/01/2007 04/01/2007 51,698.01 550.17 51 . 449.41 . 300.71 148.70 51,401.47 05/01/2007 , 51,401.47 449.41 299.84 149.57 44 150 51,251.90 46 101 51 06/01/2007 51,251.90 449.41 41 449 298.97 09 298 . . 151.32 . , 50,950.14 07/01/2007 08/01/2007 51,101.46 950.14 50 . 449.41 . 297.21 152.20 50,797.94 09/01/2007 , 50,797.94 449.41 .296.32 153.09 98 153 50,644.85 490.87 50 10/01/2007 50,644.85 449.41 295.43 . , V q 4: AMORTIZATION SCHEDULE Date of First Payment: 03/01/2005 Date Interest Starts: 02/01/2005 Loan Amount: 55,000.00 Original Number of Payments: 215 Regular Payment: 449.41 Actual Number of Payments: 215 Annual Rate: 7.0000 02/01/2005 Page: 2 Payment Beginning Total Interest Principal Ending Date Principal Payment Payment Payment Principal 11/01/2007 50,490.87 449.41 294.53 12101/2007 50,335.99 449.41 293.63 2007 51,991.12 5,392.92 3,582.01 01 /01 /2008 50,180.21 449.41 292.72 02/01/2008 50,023.52 449.41 291.80 03/01/2008 49,865.91 449.41 290.88 04/01/2008 49,707.38 449.41 289.96 05/01/2008 49,547.93 449.41 289;03 06/01/2008 49,387.55 449.41 288.09 07/01/2008 49,226.23 449.41 287.15 08/01/2008 49,063.97 449.41 286.21 09/01/2008 48,900.77 449.41 285.25 10/01/2008 48,736.61 449.41 284.30 11/01/2008 48,571.50 449.41 283.33 12/01/2008 48,405.42 449.41 282.36 2008 50,180.21 5,392.92 3,451.08 154.88 50,335.99 155.78 50,180.21 1,810.91 50,180.21 69 156 -,A . 157.61 V / f It?J?-^ 158.53 0,38 159.45 49,547.93 160.38 49,387.55 161.32 49,226.23 162.26 49,063.97 163.20 48,900.77 164.16 48,736.61 165.11 48,571.50 166.08 48,405.42 167.05 48,238.37 1,941.84 48,238.37 01/01/2009 48,238.37 449.41 281.39 168.02 48,070.35 02101/2009 48,070.35 449.41 280.41 169.00 07,901.35 03/01/2009 47,901.35 449.41 279.42 169.99 47,731.36 04/01/2009 47,731.36 449.41 278.43 170.98 47,560.38 05/01/2009 47,560.38 449.41 277.44 171.97 47,388.41 06/01/2009 47,388.41 449.41 276.43 172.98 47,216.43 07/01/2009 47,215.43 449.41 275.42 173.99 47,041.44 08/01/2009 47,041.44 449.41 274.41 175.00 46,866.44 09/01/2009 46,866.44 449.41 273.39 176.02 46,690.42 10/01/2009 46,690.42 449.41 272.36 177.05 46,513.37 11/0112009 46,513.37 449.41 271.33 178.08 46,335.29 12/01/2009 46,335.29 449.41 270.29 179.12 46,156.17 2009 48,238.37 5,392.92 3,310.72 2,082.20 46,156.17 01/01/2010 46,156.17 449.41 269.24 180.17 45,976.00 02/01/2010 45,976.00 449.41 268.19 181.22 45,794.78 03/01/2010 45,794.78 449.41 267.14 182.27 45,612.51 04/01/2010 45,612.51 449.41 266.07 183.34 45,429.17 4 AMORTIZATION SCHEDULE Date of First Payment: 03/01/2005 Date Interest Starts: 02/01/2005 Loan Amount: 55,000.00 Original Number of Payments: 215 Regular Payment: 449.41 Actual Number of Payments: 215 Annual Rate: 7.0000 02%01/2005 Page: 3 Payment Beginning Total Interest Principal Ending Date Principal Payment Payment Payment Principal 05/01/2010 45,429.17 449.41 265.00 184.41 45,244.76 06/01/2010 45,244.76 449.41 263.93 185.48 45,059.28 07/01/2010 45,059.28 449.41 262.85 186.56 44,872.72 08/01/2010 44,872.72 449.41 261.76 187.65 44,685.07 09/01/2010 44,685.07 449.41 260.66 188.75 44,496.32 1010112010 44,496.32 449.41 259.56 189.85 44,306.47 11/01/2010 44,306.47 449.41 258.45 190.96 44,115.51 12/01/2010 44,115.51 449.41 257.34 192.07 43,923.44 2010 46,156.17 5,392.92 3,160.19 2,232.73 43,923.44 01/01/2011 43,923.44 449.41 256.22 193.19 43,730.25 02/01/2011 43,730.25 449.41 255.09 194.32 43,535.93 03/01/2011 43,535.93 449.41 253.96 195.45 43,340.48 04/01/2011 43,340.48 449.41 252.82 196.59 43,143.89 05/01/2011 43,143.89 449.41 251.67 197.74 42,946.15 06/01/2011 42,946.15 449.41 250.52 198.89 42,747.26 07/01/2011 42,747.26 449.41 249.36 200.05 42,547.21 08/01/2011 42,547.21 449.41 248.19 201.22 42,345.99 09/01/2011 42,345.99 449.41 247.02 202.39 42,143.60 10/01/2011 42,143.60 449.41 245.84 203.57 41,940.03 11/01/2011 41,940.03 449.41 244.65 204.76 41,735.27 12/01/2011 41,735.27 449.41 243.46 205.95 41,529.32 2011 43,923.44 5,392.92 2,998.80 2,394.12 41,529.32 01/01/2012 41,529.32 449.41 242.25 207.16 41,322.16 02/01/2012 41,322.16 449.41 241.05 208.36 41,113.80 03/01/2012 41,113.80 449.41 239.83 209.58 40,904.22 04/01/2012 40,904.22 449.41 238.61 210.80 40,693.42 05/01/2012 40,693.42 449.41 237.38 212.03 40,481.39 06/01/2012 40,481.39 449.41 236.14 21327 40,268.12 07/01/2012 40,268.12 449.41 234.90 214.51 40,053.61 08/01/2012 40,053.61 449.41 233.65 215.76 39,837.85 09/01/2012 39,837.85 449.41 232.39 217.02 39,620.83 10/01/2012 39,620.83 449.41 231.12 21829 39,402.54 11/01/2012 39,402.54 449.41 229.85 219.56 39,182.98 12/01/2012 39,182.98 449.41 228.57 220.84 38,962.14 AMORTIZATION SCHEDULE Date of First Payment: 03/01/2005 Date Interest Starts: 02/01/2005 Loan Amount: 55,000.00 Original Number of Payments: 215 Regular Payment: 449.41 Actual Number of Payments: 215 Annual Rate: 7.0000 02/01/2005 Page: 4 Payment Beginning Total Interest Principal Ending Date . Principal Payment Payment Payment Principal 2012 41,529.32 5,392.92 2,825.74 2,567.18 38,962.14 01/01/2013 38,962.14 449.41 227.28 222.13 38,740.01 02/01/2013 38,740.01 449.41 225.98 223.43 38,516.58 03/01/2013 38,516.58 449.41 224.68 224.73 38,291.85 04/01/2013 38,291.85 449.41 223.37 226.04 38,065.81 05/01/2013 38,065.81 449.41 222.05 227.36 37,838.45 06/01/2013 37,838.45 449.41 220.72 228.69 37,609.76 07/01/2013 $7,609.76 449.41 219.39 230.02 37,379.74 08/01/2013 37,379.74 449.41 218.05 231.36 37,148.38 09/01/2013 37,148.38 449.41 216.70 232.71 36,915.67 10/01/2013 36,915.67 449.41 215.34 234.07 36,681.60 11/01/2013 36,681.60 449.41 213.98 235.43 36,446.17 12/01/2013 36,446.17 449.41 212.60 236.81 36,209.36 2013 38,962.14 5,392.92 2,640.14 2,752.78 36,209.36 01/01/2014 36,209.36 449.41 211.22 238.19 35,971.17 02/01/2014 35,971.17 449.41 209.83 239.58 35,731.59 03/01/2014 35,731.59 449.41 208.43 240.98 35,490.61 04/01/2014 35,490.61 449.41 207.03 242.38 35,248.23 05/01/2014 35,248.23 449.41 205.61 243.80 35,004.43 06/0112014 35,004.43 449.41 204.19 245.22 34,759.21 07/0112014 34,759.21 449.41 202.76 246.65 34,512.56 08/01/2014 34,512.56 449.41 201.32 248.09 34,264.47 09/01/2014 34,264.47 449.41 199.88 249.53 34,014.94 10/01/2014 34,014.94 449.41 198.42 250.99 33,763.95 11/01/2014 33,763.95 449.41 196.96 252.45 33,511.50 12/01/2014 33,511.50 449.41 195.48 253.93 33,257.57 2014 36,209.36 5,392.92 2,441.13 2,951.79 33,257.57 01/01/2015 33,257.57 449.41 194.00 255.41 33,002.16 02/01/2015 33,002.16 449.41 192.51 256.90 32,745.26 03/0112015 32,745.26 449.41 191.01 258.40 32,486.86 04/01/2015 32,486.86 449.41 189.51 259.90 32,226.96 05/01/2015 32,226.96 449.41 187.99 261.42 31,965.54 06/01/2015 31,965.54 449.41 186.47 262.94 31,702.60 t 07/01/2015 31,702.60 449.41 184.93 264.48 31,438.12 AMORTIZATION SCHEDULE Date of First Payment: 03/01/2005 Date Interest Starts: 02/01/2005 Loan Amount: 55,000.00 Original Number of Payments: 215 Regular Payment: 449.41 Actual Number of Payments: 215 Annual Rate: 7.0000 02/01/2005 Page: 5 Payment Beginning Total Interest Principal Ending Date Principal Payment Payment Payment Principal 08/01/2015 31,438.12 449.41 183.39 266.02 31,172.10 09/01/2015 31,172.10 449.41 181.84 267.57 30,904.53 10/01/2015 30,904.53 449.41 180.28 269.13 30,635.40 11/01/2015 30,635.40 449.41 178.71 270.70 30,364.70 12/01/2015 30,364.70 449.41 177.13 272.28 30,092.42 2015 33,257.57 5,392.92 2,227.77 3,165.15 30,092.42 01/01/2016 30,092.42 449.41 175.54 273.87 29,818.55 02/01/2016 29,818.55 449.41 173.94 275.47 29,543.08 03/01/2016 29,543.08 449.41 172.33 277.08 29,266.00 04/01/2016 29,266.00 449.41 170.72 278.69 28,987.31 05/01/2016 28,987.31 449.41 169.09 280.32 28,706.99 06/01/2016 28,706.99 449.41 167.46 281.95 28,425.04 07/01/2016 28,425.04 449.41 165.81 283.60 28,141.44 08/01/2016 28,141.44 449.41 164.16 285.25 27,856.19 09/01/2016 27,856.19 449.41 162.49 286.92 27,569.27 10/0112016 27,569.27 449.41 160.82 288.59 27,280.68 11/01/2016 27,280.68 449.41 159.14 290.27 26,990.41 12/01/2016 26,990.41 449.41 157.44 291.97 26,698.44 2016 30,092.42 5,392.92 1,998.94 3,393.98 26,698.44 01/01/2017 26,698.44 449.41 155.74 293.67 26,404.77 02/01/2017 26,404.77 449.41 154.03 295.38 26,109.39 03/01/2017 26,109.39 449.41 152.30 297.11 25,812.28 04/01/2017 25,812.28 449.41 150.57 298.84 25,513.44 05/01/2017 25,513.44 449.41 148.83 300.58 25,212.86 06/01/2017 25,212.86 449.41 147.08 302.33 24,910.53 07101/2017 24,910.53 449.41 145.31 304.10 24,606.43 08/01/2017 24,606.43 449.41 143.54 305.87 24,300.56 09/01/2017 24,300.56 449.41 141.75 307.66 23,992.90 10/01/2017 23,992.90 449.41 139.96 309.45 23,683.45 11/01/2017 23,683.45 449.41 138.15 311.26 23,372.19 12/01/2017 23,372.19 449.41 136.34 313.07 23,059.12 2017 26,698.44 5,392.92 1,753.60 3,639.32 23,059.12 01/01/2018 23,059.12 449.41 134.51 314.90 22,744.22 F. • i ? AMORTIZATION SCHEDULE Date of First Payment: 03/01/2005 Date Interest Starts: 02/01/2005 Loan Amount: 55,000.00 Original Number of Payments: 215 Regular Payment: 449.41 Actual Number of Payments: 215 Annual Rate: 7.0000 02/01/2005 Page: 6 Payment Beginning Total Interest Principal Ending Date Principal Payment Payment Payment Principal 02/01/2018 22,744.22 449.41 132.67 316.74 22,427.48 03/01/2018 22,427.48 449.41 130.83 318.58 22,108.90 04/01/2018 22,108.90 449.41 128.97 320.44 21,788.46 05/01/2018 21,788.46 449.41 127.10 322.31 21,466.15 06101/2018 21,466.15 449.41 125.22 324.19 21,141.96 07/01/2018 21,141.96 449.41 123.33 326.08 20,815.88 08/01/2018 20,815.88 449.41 121.43 327.98 20,487.90 09/01/2018 20,487.90 449.41 119.51 329.90 20,158.00 10/01/2018 20,158.00 449.41 117.59 331.82 19,826.18 11/01/2018 19,826.18. 449.41 113.65 333.76 19,492.42 12/01/2018 19,492.42 449.41 113.71 335.70 19,156.72 2018 23,059.12 5,392.92 1,490.52 3,902.40 19,156.72 01/01/2019 19,156.72 449.41 111.75 337.66 -18,819.06 02/01/2019 18,819.06 449.41 109.78 339.63 18,479.43 03/01/2019 18,479.43 449.41 107.80 341.61 18,137.82 04/01/2019 18,137.82 449.41 105.80 343.61 17,794.21 05/01/2019 17,794.21 449.41 103.80 345.61 17,448.60 06/01/2019 17,448.60 449.41 101.78 347.63 17,100.97 07/01/2019 17,100.97 449.41 99.76 349.65 16,751.32 08/01/2019 16,751.32 449.41 97.72 351.69 16,399.63 09/01/2019 16,399.63 449.41 95.66 353.75 16,045.88 10/01/2019 16,045.88 449.41 93.60 355.81 15,690.07 11/01/2019 15,690.07 449.41 91.53 357.88 15,332.19 12/01/2019 15,332.19 449.41 89.44 359.97 14,972.22 2019 19,156.72 5,392.92 1,208.42 4,184.50 14,972.22 01/01/2020 14,972.22 449.41 87.34 362.07 14,610.15 02/01/2020 14,610.15 449.41 85.23 364.18 14,245.97 03/01/2020 14,245.97 449.41 83.10 366.31 13,879.66 04/01/2020 13,879.66 449.41 80.96 368.45 13,511.21 05/01/2020 13,511.21 449.41 78.82 370.59 13,140.62 06/01/2020 13,140.62 449.41 76.65 372.76 12,767.86 07/01/2020 12,767.86 449.41 74.48 374.93 12,392.93 08/01/2020 12,392.93 449.41 72.29 377.12 12,015.81 09/01/2020 12,015.81 449.41 70.09 379.32 11,636.49 10/01/2020 11,636.49 449.41 67.88 381.53 11,254.96 i R ? • AMORTIZATION SCHEDULE Date of First Payment: 03/01/2005 Date Interest Starts: 02/01/2005 Loan Amount: 55,000.00 Original Number of Payments: 215 Regular Payment: 449.41 Actual Number of Payments: 215 Annual Rate: 7.0000 02/01/2005 Page: 7 Payment Beginning Total Interest Principal Ending Date Principal Payment Payment Payment Principal 11/01/2020 11,254.96 449.41 65.65 383.76 10,871.20 12/01/2020 10,871.20 449.41 63.42 385.99 10,485.21 2020 14,972.22 5,392.92 905.91 4,487.01 10,485.21 01/01/2021 10,485.21 449.41 61.16 388.25 10,096.96 02/01/2021 10,096.96 449.41 58.90 390.51 9,706.45 03/01/2021 9,706.45 449.41 56.62 392.79 9,313.66 04/01/2021 9,313.66 449.41 54.33 395.08 8,918.58 05/01/2021 8,918.58 449.41 5243 397.38 8,521.20 06/01/2021 8,521.20 449.41 49.71 399.70 8,121.50 07/01/2021 8,121.50 449.41 47.38 402.03 7,719.47 08/01/2021 7,719.47 449.41 45.03 404.38 7,315.09 09/01/2021 7,315.09 449.41 42.67 406.74 6,908.35 10/01/2021 6,908.35 449.41 40.30 409.11 6,499.24 11101/2021 6,499.24 449.41 37.91 411.50 6,087.74 12/0112021 6,087.74 449.41 35.51 413.90 5,673.84 2021 10,485.21 5,392.92 581.55 4,811.37 5,673.84 01/01/2022 5,673.84 449.41 33.10 416.31 5,257.53 02/01/2022 5,257.53 449.41 30.67 418.74 4,838.79 03/01/2022 4,838.79 449.41 28.23 421.18 4,417.61 04/01/2022 4,417.61 449.41 25.77 423.64 3,993.97 05/01/2022 3,993.97 449.41 23.30 426.11 3,567.86 06/01/2022 3,567.86 449.41 20.81 428.60 3,139.26 07/01/2022 3,139.26 449.41 18.31 431.10 2,708.16 08/01/2022 2,708.16 449.41 15.80 433.61 2,274.55 09/01/2022 2,274.55 449.41 13.27 436.14 1,838.41 10/01/2022 1,838.41 449.41 10.72 438.69 1,399.72 11/01/2022 1,399.72 449.41 8.17 441.24 958.48 12/01/2022 958.48 449.41 5.59 443.82 514.66 2022 5,673.84 5,392.92 233.74 5,159.18 514.66 01 /01 /2023 514.66 517.66 3.00 514.66 0.00 2023 514.66 517.66 3.00 514.66 0.00 TOTALS: 55,000.00 96,691.40 41,691.40 55,000.00 0.00 r le EXHIBIT "B" Assessment for building code violation: $ 391.50 Water bill, paid in April 2008 293.93 Harrisburg City Taxes for 2005: 801.86 Harrisburg City Taxes for 2006: 2,536.96 Harrisburg City Taxes for 2007: 2,466.21 Subtotal: $6,490.46 Plus 6% accommodation on principal: 389.43 Subtotal: $6,879.89 Plus unpaid installments: $1,500.00 Subtotal: $8,379.89 Plus 6% interest on principal through 7/30/08: 260.82 Plus 5% attorney's commission on principal: 399.52 Total amount of judgment: $9,040.23 i THEODORE A. ADLER + DAVID W. REAGER LINUS E. FENICLE THOMAS O. WILLIAMS PETER R. WILSON REAGER &ADs E , PC LAW COUNSELORS ATTORNEYS AND 2331 MARKET STREET CAMP HILL, P717NSYL ANNA 17011-4642 TELEFAX 717-730-7366 WEBSITE: ReagerAdlerPC.com Writer's E-Mail Address: JaietrzakQnreaQeradlemc.com July 13 2008 Robert Pantel 460 St. John's Road Camp Hill, PA 17050 Certified Mail, Return Receipt Requested Mr. George Zozos 605 S. 25 Street Harrisburg, PA 17104 Re: 2626 Derry Street Our File No. 02-841.001 SUSAN H. CONFAIR JOHN H. PIETRZAK RICHARD J. JOYCE +Certified Civil Trial Specialist Dear Messers Pantel and Zozos: This letter will serve as notice to you that you are in defaT 1st the editions T of failure to pay installments, InstallmentSales ac Pm assessment as1 q 1, required 2005 by as the a Agreement. Mr. Carchidi has installments, taxes paid the taxes and a municipal assessment on your behalf. to be Paragraph of the Agreement permit a six percent (6%) accommodation charge assessed for the advancement of payments by Mr. Carchidi. February and March 2007, in the You have failed to pay the installments due for January, month, which has Bement provides for a $50.00 late penalty per per month. The amount of been asOsessed, for total due of $1,500.00. the following items, which Mr. Carchidi In addition, you have defaulted by failing to pay has paid: Assessment for building code violation: $ 391.50 93 293 Water bill, paid in April 2008 . 86 801 Harrisburg City Taxes for 2005: . 2 536.96 Harrisburg City Taxes for 2006: , 21 2 466 466 1 Harrisbur Cit Taxes for 2007: .. $ ,490.46 Subtotal: 389.43 Plus 6% accommodation: $6 879.89 Subtotal: , W Messers Pantel and' Zozos July 13, 2008 Page 2 Plus un aid installments: Total: 1 500.00 $8,379.89 Under the terms and conditions of the Agreement, you have fiftee date referenced above in which to cure the above-referenced defaults. n (15) days from the default, er to cure YOU must present funds in the amount of $8,379.89 in the form of or cashie s c said no later than July 29, 2008. check to Mr. Mr. Carchidi has recorded the Quit Claim Deed that was executed b sold the property to another buyer. This does not release you from Agreement to pay the amounts listed above. If you fail t by Mr. Pantel and has within fifteen (15) days of the date of this lett er, we Your obligation under the to pay the amount due of $8,379.89 You for the full amount owing , plus interest and w atwill torney's a confession of judgment against the Agreement. commission, as provided for in In the event you have any questions, please contact your attorney. Otherwise, please contact me to advise when you will forward payment. Very truly yours, John H. Pietrzak JHP/sc cc: James F. Carchidi, Jr. 1.S Pasta =ERTIFI ED N1 41L ?omestrc ,Mail on/ tv . REC EIPT y ?r del " irrsuianc;e C overage Yro videdJ ivery I?}Offp;3finn ?. .._ f OL ; ..w - VERIFICATION I, James F. Carchidi, Jr., hereby verify that the averments of the foregoing document are true and correct to my personal knowledge, information and belief. I understand that false state- ments herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: -? k bS By: I 4. I ?1-A .v REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: J12ietrzak@ReagerAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliams@ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for James F. Carchidi, Jr. JAMES F. CARCHIDI, JR. Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT PANTLE, Defendant : CIVIL ACTION : NO. : CONFESSION OF JUDGMENT AFFIDAVIT THAT JUDGMENT IS NOT BEING ENTERED BY CONFESSION OF JUDGMENT AGAINST A NATURAL PERSON IN CONNECTION WITH A CONSUMER CREDIT TRANSACTION Commonwealth of Pennsylvania ) ) ss: County of Cumberland ) I, John H. Pietrzak, being duly sworn according to law, hereby state that the judgment being entered by confession is not being entered against a natural person in connection with a consumer credit transaction. Jo H. Pie ak, Esquire Sworn to and subscribed Before me this 0' day of 2008. L Notary PU?MIMONWEALTH OF F NOTARIAL SEAL LINDA H MILLER Notary Public CITY OF HARRISBURG, DAUPHIN COUNTY My Commission Expires May 9, 2009 r • ...)•" REAGER & ADLER, P.C. BY:JOHN H. PIETRZAK, ESQUIRE Attorney I.D. No. 79538 Email: Jpietrzakna ReagerAdlerPC.com BY: THOMAS O. WILLIAMS, ESQUIRE Attorney I.D. No. 67987 Email: Twilliamsna,ReagerAdlerPC.com 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Facsimile: (717) 730-7366 Attorneys for James F. Carchidi, Jr. JAMES F. CARCHIDI, JR. Plaintiff IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT PANTLE, Defendant : CIVIL ACTION . NO. : CONFESSION OF JUDGMENT AFFIDAVIT OF NON-MILITARY SERVICE Commonwealth of Pennsylvania ) ) ss: County of Cumberland ) The undersigned, being duly sworn according to law, deposes and says that the Defendant(s) is/are not in the Military or Naval Service of the United States or Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended: J1,411,4 John . Pietrzak, quire Sworn to and subscribed Before me this 0`+'day of 2008. iotary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL LINDA H MILLER Notary Public CITY OF HARRISBURG, DAUPHIN COUNTY My Commission Expires May 9, 2009 v ?N p N ? Q '7 i i) A ,?.... i i 1 Fl; F? c # SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-04747 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CARCHIDI JAMES F JR VS PANTLE ROBERT R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT PANTLE ROBERT but was unable to locate Him in his bailiwick. He therefore returns the CONFESSION OF JUDGMENT , the within named DEFENDANT 460 ST JOHNS DR PANTLE ROBERT NOT FOUND , as to CAMP HILL, PA 17011 PER ROOMATE, PANTLE WAS THROWN OUT OF RESIDENCE SEVERAL MONTHS AGO. PER POST OFFICE, MAIL IS STILL DELIVERED THERE. Sheriff's Costs: Docketing Service Affidavit Surcharge Not Found gl?Fl? ,p? So answers 18.00 15.00 .00 R. Thomas Kline 10.00 Sheriff of Cumberland County Sworn and Subscribed to before me this day of REAGER & ADLER 08/14/2008 A. D.