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HomeMy WebLinkAbout01-2511 BROADUS ALLEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff i CUMBERLAND COUNTY,PENNSYLVANiA ¥. : CIVIL ACTION - LAW ; WILLIAM E. MARTIN, : NO. 2001- ..O DEBRA MARTIN, CIVIL TERM Defendants : :CONFESSION OF JUDGMENT-EJECTMENT COMPLAINT FOR CONFESSION OF JUDGMENT IN EJECTMENT AND NOW, comes, Broadus Allen, Plaintiff, by and through his attorney, Jacqueline M. Vemey, Esquire and files this Complaint pursuant to Pa.R.C.P. No. 2971 (a) for judgment in ejectment by confession and in support thereof avers the following: 1. The Plaintiff is Broadus Allen, an adult individual, whose address is P.O. Box 775, New Kingstown, PA 17072. 2. The Defendants are William E. Martin and Debra Martin, adult individuals, husband and wife. whose address is 107 Big Spring Avenue. Newville, PA 17241. 3. The Plaintiffand Defendants entered into an Installment Sales Agreement on February 22, 2000, a copy of which is attached hereto and made a part hereof as Exhibit "A." Said Agreement provides for the defendants to occupy the Premises at 107 Big Spring Avenue, Newville, Pennsylvania in exchange tbr monthly payments in the amount of $I036.00. The Agreement further provides for the filing of a Confession of Judgment in Ejectment in the event of default. 4. This Confession of Judgment in ejeetment is not being entered against a natural person in connection with a residential lease. 5. The description of the property is as follows: All that certain tract of land in the Borough of Newville, Cumberland County, Pennsylvania, situated on the West side of Railroad Street (now Big Spring Avenue) and designated in former titles as Lot No. 5 on the West Side of Depot Street in Plan of additional building lots laid out by Peter A. Ahl, bounded and described as follows: Beginning at a corner of Lot No. 6, now or formerly of James D. Gutshall, on said Railroad Street thence by said Lot No. 6, North Rose Alley; thence along said Alley, South sixteen and three-fourths (16 ~A ) degrees West, 36 feet to comer of lot now or formerly of Irene D. Piper; thence by the same, South seventy- three and one-fourth {73 ¼) degrees East, 180 feet to Railroad Street; thence along said Street, North sixteen and three-fourths (16 ~A) degrees East, 36 feet to the place of Beginning. 6. The instrument has not been assigned. 7. Judgment in ejectment has not been entered on this written instrument in any other jurisdiction. 8. Defendants are in default of the instrument in that they have failed to make the required monthly payments in the amount of $1,036.00, and are in arrears in the amount of $6,465.80. 9. Defendants are also liable for attorney's fees in the amount of 5% of the unpaid balance. Plaintiffseeks reimbursement of attorney's fees in the amount of $1000.00. 10. Defendants have failed to make the payments as set forth in Exhibit "B" attached hereto and made a part hereof. 11. Plaintiff is entitled to possession of the premises described in Exhibit "A". 12. Plaintiffdemands confession of judgment in ejectment against Defendants. WHEREFORE, Plaintiffprays that a confession of judgment in ejectment be entered against Defendants. Respectfully submitted, J~cqffdline M. Vemey, Esquire #2~}67 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff EXHIBIT "A" INSTALLMENT SALES AGREEMENT E rE DThis ; .. 000. BETWEEN BROADUS ALLEN, single man, of Baltimore, Maryland, hereinafter known ns Seller, AND WILLIAM E. MARTIN and DEBRA MARTIN, husband and wife of New Kingstown, Cumberland County, Pennsylvania, hereinafter known es Purchaser, WITNESSETH: That the said Seller, in consideration of the terms and conditions hereinafter mentioned and contained, agrees to grant and convey unto the said Purchaser, their heirs and assigns, ALL THAT CERTAIN tract or parcel of land situate in the Borough of Newville, County of Cumberland, Commonwealth of Pennsylvania, known and numbered as 107 Big Spring Avenue, Newville, Cumberland County, Pennsylvania IN CONSIDERATION WHEREOF, the said Purchaser agrees to pay to the said Seller therefor, the sum of Ninety-three Thousand ($93,000.00) Dollars, es follows: (1) $4,650.00 at or before closing. (2) the balance of $88,350.00 in monthly installments ors 783.51 Dollars, said monthly installments to be applied first to interest at the rate ofTEN and One hundred twenty- five hundredths (10.125%) per cent per annun on the unpaid balance of principal, based on a thirty year mortgage, said monthly installment to be paid on or before the 1'~ day of each month, beginning March 25, 2000 and thereafter on or before the Is~ day of each succeeding month until principal and interest have been fully paid, except that, if not sooner paid, the said principal and interest shall be paid in full by February 25, 2002, anything herein contained to the contrary notwithstanding. Purchaser further agrees to pay the full principal and interest then owing in the event that the present mortgage is called by thc mortgage company. Payments more than 15 days late shatt be subject to and shall accrue a late charge of five percent ($%) of thc monthly payment set forth above. In addition to thc said monthly installments on account of purehase price and interest thereon, the said Purchaser agrees to pay to Seller thc amount of S 254.49 monthly representing 1/12 of all property taxes, homeowners insurance, and property management fee presently assessed and escrowed by Sellec.(for a total monthly payment of $1036.00). Seller agrees to pay ali texcs levied against thc property and provide paid receipts to Purchaser within five days of receipt of same by Seller. Purchaser further agrees to pay all municipal assessments, utility charges, make all necessary repairs to the premises. The Purchaser shall have the privilege of pre paying the amount of the loan principal and interest ns desired, and nothing contained in this Agreement shall be construed to limit reduction of principal to said amount. Interest shall be computed on the unpaid balance. All payments shall be made to the Seller at whatever address is designated in writing, and until further notice to Karen Coon, 398 East High Street, Carlisle, Pennsylvania 17013. It is also agreed between the parties hereto that possession of the said premises shall be delivered to the said Purchaser on February 22, 2000, and that said Purchaser shall be entitled to receive rents, issues, and profits from said date of delivery of possession, subject to the conditions herein set forth. The Purchaser agrees not to make any substantial alteration of the condition of the premises or of the buildings thereon erected without first securing the written consent and approval of the Seller. Taxes for prior years have been paid. Taxes for the current year shall be pm-rated between the parties. When legal title is taken by the Purchaser, Purchaser shall pay the entire State and Local Realty Transfer Taxes then in effect. Purchaser further agrees to pay all closing costs attributable to Seller upon the transfer of legal title. Seller agrees that the title to said property shall be maintained free and clear of any encumbrances except for the existing mortgages, throughout the term of this agreement. In the event that Seller default in making nny payments which may he required in connection with any such mortgage or other encumbrance, the Purchaser shall have the privilege of applying any sums payable pursuant to this agreement to such encumbrance holder. Seller agrees that so long as the present agreement is in force and Purchaser is not in default of any provisions hereof, Seller will not sell, transfer or assign the property. Upon compliance with the foregoing terms and conditions and payment of the said purchase price in full by the Purchaser, a good and sufficient deed for the proper conveying and assuring of the said premises, in fee simple, free from all encumbrances, subject only to easements and restrictions, visible or of record, such conveyance to contain the usual covenants of special warranty. Ii' this property is conveyed to a third party at the request of the Purchaser, then all realty transfer taxes on such conveyance shall he paid by such third party and the Purchaser ns they may agree, and none shall be paid by the Seller. If Purchaser decides to transfer said property, Purchaser agrees to list said property with Karen Coon of Century 21 Associates, Coon & Co. at 6% commission. In the event the said Purchaser shall fail to make any monthly payment for a period of thirty (30) days after the same shall have become due and payable by the terms hereof, or ifa breach of any of the foregoing conditions be made by the said Purchaser, then and in such case the Seller shall give Purchaser written notice of such default and Parchascr shall have ten (10) days to cure said default. If the default is not cur~l within the ten (10) day period, then, at the option of the Seller, this Agreement shall become null and void and the said Purchaser shall forfeit all monies then paid as liquidated damages, representing the fair rental value of the property during the time the same shall have been occupied by the Purchaser. Purchaser shall thereupon forfeit any and all rights and vacate the property immediately. If default shall be made in thc payment of any monthly payment for a period of thirty '(30) days and the ten (10) day grace period then and in such case, the unpaid monthly amount shall become due and payable at once and may be collected by suit or otherwise, and the Prothonotary or any attorney of any court or record of Pennsylvania or elsewhere is hereby authorized and empowered to appear for and confess judgment against said Purchaser and in favor of the Seller for the unpaid monthly amounts that are in arrears, together with interest, costs of suit, release of errors, attorney's commission of tire percent and waiving inquisitions and exemptions. Upon breach of any of the covenants or conditions of the Agreement, or upon its voluntary termination or termination by forfeiture, the Prothonotary or any attorney of any Court of Record of Pennsylvania, is hereby authorized to appear for and to confess judgment in an amicable action of ejectment against the said Purchaser and in favor of the said Seller for the premises herein described, and to direct the immediate issuing of a Writ of Possession with Writ of Execution for costs, waiving all irregularities, without notice and without leave of court, and with 5% of the unpaid principal balance added as reasonable attorney's fee. Acceptance by the Seller of any of the aforesaid monthly payments after the same shall have become past due and in default, or any failure to enforce any of the rights herein reserved to the Seller, or any of the penalties, forfeitures, damages or conditions herein contained, shall not in any way bc considered a waiver of the right to enforce the same at any time without notice whatsoever, and any attempt to collect the amount due by one proceeding shall not he considered a waiver of the right to institute any of the other proceedings herein provided, but ali of the rights of the Seller, and all forfeitures, penalties, damages and conditions may be enforced together or successively at thc option of the Seller. No modification of this Agreement shall be binding upon the Seller, unless thc same shall be in writing and duly approved by the Seller. The interest ot` the Purohaser in this Agreement shall not be assignable, in whole or in pan, without the prior written consent and approval ot` the Seller, and it' such assignment is attempted, all fights and remedies of the Seller set forth herein or which the Seller may otherwise have, shall immediately accrue to the Seller. Transfer of title by Will, survivorship, or by descent shall not he regarded as ar/assignment requiring the consent and approval of the Seller. This Agreement is to extend to and he binding upon the heirs, successors, executors, administrators, and assigns ot`the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, by their signature, the day and year first above written. Commonwealth of Pennsylvania : : SS County of Cumhedand : On this the day of ,2000, before me, the undersigned officer, personally appeared Broadus Alien, and William E. Martin and Debra Martin, husband and wife, known to me (or satisfactorily proven) to he the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. EXHIBIT "B" Payment Due Date: Amount due Amt. pd. Late fee Balance due 3/25/00 $1036.00 $1036.00 0 0 4/25/00 1036.00 800.00 $ 236.00 5/25/00 1036.00 $ 1,272.00 460.00 (6/4/00) 812.00 256.00 (6/12/00) 556.00 262.00 (6/19/00) 294.00 51.80 345.80 100.00 (6/27/00) 245.80 6/25/00 1036.00 1,281.80 200.00 (7/3/00) 1,081.80 260.00 (7/10/00) 821.80 260.00 (7/17/00) 561.80 51.80 613.60 80.00 (7/24/00) 533.60 7/25/00 1036.00 1.569.60 309.00 (8/8/00) 1,260.60 51.80 1,312.40 8/25/00 1036.00 2,348.40 850.00 (9/1/00) 1,498.40 51.80 1,550.20 9/25/00 1036.00 2,586.20 750.00 (10/3/00) 1,836.20 51.80 1,888.00 10/25/00 1036.00 2,924.00 750.00 (I 1/8/00) 2,174.00 51.80 2,225.80 11/25/00 1036.00 3,286.80 51.80 3,338.60 12/25/00 1036.00 4,374.60 1.500.00 (1/16/01) 2,874.60 1/25/01 1036.00 3,910.60 51.80 3,962.40 2/25/01 1036.00 4,998.40 760.00 (2/26/01 ) 4,238.40 51.80 4,290.20 3/25/01 1036.00 5,326.20 51.80 5,378.00 4/25/01 1036.00 6,414.00 51.80 6,465.80 LAW OFFICE OF Jacqueline M. Verney 44 S. HANOVER ST. * CARLISLE, PA 17013 * (717) 243-9190 * FAX (717) 243-3518 VERIFICATION I vcril\' I1¥.11 file St,'ll¢lllu'lll$ II1Lldc in thc xdd~in Pleadin~ are Il'tic und corrccl to thc I~cs[ of ii1) inlb'tmtion 311d belief I tmdcrstand thai thlsc SIilIQIllCIIIS IlcreJn ure IllQd: sui~icct lo rite ~cnalties ot' 18 Pa. L'. S.A. ~ 4g04 relating to tmsxvorn l~dsitication to authorities. LAW OFFICE OF Jacqueline M. Verney 44 S. HANOVER ST. · CARUSLE, PA 17013. · (117) ~.43-9190" FAX (717) 243-3518 III~.t. JAIJUN ALLI'.N, : IN 'I'HE COURT OF COMMON PLEAS OF Iqaintiff : CLIMBERLAND COUNTY, PENNSYLVANIA ., v. : CIVIL ACTION- LAW _. WILLIAM E. MARTIN, : NO. 2001- ~ '.'/I CIVIL TERM DEBRA MARTIN, : Defend:rots :CONFESSION OF JUDGMENT-EJECTMENT CONFESSION OF JUDGMENT IN EJECTMENT Ptt,'suz, ot to tile zu~thority contained in the warrant of attorney, the original or a eop.v of which is attached to tile comphfint filed in this action. I appear for tile dei~ndants and confess judgment itl e~iectment in favor of the plaintiffand against the defendants for possession of the real property described as follows: All that cerlain tract of land in the Borough of New~,'ille, Cumberland County, Pennsylvania. situated on the West side of Railroad Street (now Big Spring Avenue) and designated in former titles as Lot No. 5 on the West Side of Depot Street in Plan of additional building lots laid out by Peter A. Ah[. bounded and described as follows: Beginning at a corner of Lot No. 6, now or formerly of James D. Gutshall, on said Railroad Street thence by said Lot No. 6, North Rose Alley; thence along said Alley. South sixteen and three-fourths (16 ~ ) degrees West, 36 feet to coroer or' lot now or formerly of Irene D. Piper; thence by the same, South seventy-three and one-fourth (73 ¼) degrees East, 180 feet to Railroad Strcet: thence along said Street. North sixteen and three-tburths 1.16 ~) degrees East, .36 feet to the place of Beginning. .I/Jac~eline M. Vemey, Esquire #7..~167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 .ludgment entered as above this 3o-U" day of ~ ,2001 PRO'TlttO-NOTARY , , sHERIFF'S RETURN - REGULAR cASE NO: 2001-02511 P coMMONWEALTH OF pENNSYLVANIA: coUNTY OF cuMBERLAND ALLEN BRoADUS ~ VS MARTIN WILLIAM E ET AL sheriff or Deputy sheriff of RICHARD E. sMITH __~ who being duly sworn according to law, cumberland county,pennsylvanz ' was served upon jUDGMENT IN EJECTMENT -- sayS, the within ~ the MARTIN W~ILLIAM E -- ~ at 171B:0__00 HOURS, on the 4th day of Ma~--, 2001 DEFENDANT ' ~ 107 BIG SPRING AVE ~ at by handing to NEWVILLE, PA 1~72~44A~ _ RYAN WELL~SSON ----------- together with a true and attested copy of jUDGMENT IN EJECTMENT__ -- and at the same time directing Hi__~ss attention to the contentS thereOf. Answers: so sheriff's CostS: 1B.O0 Docketing 7.44 -- Service .00 ~s~i-ine Affidavit 10.00 surcharge .00 jACQUELINE M- sworn and subscribed to before By:~~ -- ri£f me this ~__~_~ day of A.D. --------~V~rot~notary SHERIFF'S RETLPRN - REGULAR CASE NO: 2001-02511 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLEN BROADUS VS MARTIN WILLIAM E ET AL RICHARD E. SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within JUDGMENT IN EJECTMENT was served upon MARTIN DEBRA the DEFENDANT , at 1718:00 HOURS, on the 4th day of May , 2001 at 107 BIG SPRING AVE NEWVILLE, PA 17241 by handing to RYAN WELLS, SON a true and attested copy of O-ODGMENT IN EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff,s Costs: So Answers: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 16.00 05/07/2001 JACQUELINE M.~ Sworn and Subscribed to before By: me this ~.~, day of ~Deputy Sheriff ! A.D. ~' l~-o~honot ar¥ LAW OFFICE OF 'Jacqueline M. Verney 44 S. HANOVER S~ · CARLISLE, PA 17013 * L717)243-9190 · lAX (717)243-3518 BROADUS ALLEN, : IN THE COURT OF COMMON PLEAS OF Phdntiff : CUMBERLAND COUNTV, PENNSVLVANIA v. : CIVIL ACTION - LAW WILLIAM E. MARTIN, : NO. 2001- ~ ~, ! CIVIL TERM DEBRA MARTIN, : Defendants :CONFESSION OF JUDGMENT-EJECTMENT NOTICE UNDER RULE 2973.2 OF JUDGMENT AND EXECUTION NOTICE OF DEFENDANTS' RIGHTS To: William E. Martin and Debra Martin, Defendants A judgment for possession nf real property has been entered against you and in favor ofthe plaintiffwithout prior notice and hearing based on a confession of judgment contained in a promissory note or other document allegedly executed by you. The sheriff may remove you from the property at any time after thirty day after the date on which this notice is served on you. You may have legal rights to defeat the judgment or to prevent your being removed from the property. ANY PETITION SEEKING RELIEF FROM THE JUDGMENT MUST BE FILED WITHIN THIRTY (30) DAYS AFTER THE DATE ON WHICH THIS NOTICE IS SERVED ON YOU OR YOU MAY LOSE YOR 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. Cumberland County Bar Association 2 East Liberty Avenue Carlisle, PA 17013 (717) 249-3166 . ;. q. 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) : __ Broadus Allen IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA -- No. 2001-2511 Civi~/__ Term~ __ No. -- vs. Term ~ William E.. t'ler't:in Costs Att'y..maid Debre t4ertin Pl'ff (s) $ 80.9~ -- $ Prothy. _ Due $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of__ _ Cumb_erlend~ _ County, Pennsylvania (I) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: being: (Premises as follows): _ Plaintiff ('s) see property description (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. Curt/s R. Long Prodx~no~y.. Common Pleas Court Date~ _~ .... a. ~0~ . °fCumbcrtandCounty, Permsylvania ~~ ~y. . (SE Depmy o day of _ By virtue of this writ, on the ~ - ~ . to I caused the within named have possession of the p~mises described with thc appurtenances, and _ So Answers. Sworn and subscribed to before me this - Sheriff day of. By Deputy Prothonotary WRIT OF POSSESSION (EjecOnent PrDceedings PRCP 3160 - 3165 etc.) Broadus Allen IN THE COURT OF COMMON PLEAS OF £ l IMBERLAND CO[!NTY. PENNSYLVANIA ~-- No..~ 2001-25~j Civil 'Ferm No. -- .... ~ill~am. E. ~ar~in C'osl~ Debra Nartin Pi'fi'is) ~ $ 80.94 Pmlhy. _ Due '-~ S ~.oo . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of ~ Cumberland County, Pennsyh'ania (I) To satisfy the.judgment for possession in the above matter you are directed to deliver possession of following described property to: being: (Premises as follows): Plaintiff (s) see property description T£'.'? C')py ~..- .... In lc;tin~ot~:.: ,, · ' ' .... ere0,, , .... ,?to set my hand and the scat of s2id Cc~,rt at Car;isle, Pa. h,s ..... ...... ............... (2) To satisfy the costs agains~ ihe del~ndam (s) you am direcled -- da~l (s) alld sell hi.er (or Iheir) blteresl therein, lo levy upon any properl~ of ~_ Curtis R. Long Prolhunc~u-~. Common Plea~ Court of Cumberland C Date ~ ~'"e 4~ :OUmy. Pennsyl~ia ~ By: ~ tSEAL) Deputy '7 Z ~ . ., ~.~ o day of. ' ~ By virtue of this writ, on the ~ ~ -- _. to I caused the within named - haw possession of the pr~mises d~scribed with the appurtenances, and _ So AnswerS. Sworn and subscribed to before me this _~ - Sheriff day of__ By Deputy WRIT OF POSSESSION (E. iectment Proceedings PRCP 3160 - 316.5 etc.) Broadus At.ten IN THE C'OURT OF COMMON PLEAS OF C{.rMBERLAND COUNTy. ~ PENNSYLVANIA No. Z_2 0~~: .l ~ Term vs. Term ~illiam R. Martin CO~I~ Att'y. ~ $ 80.94 Debra Martin PI'fl (~} ------------- Prolhy. Due -'----------- $ 1.on COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of__ ~Cumberland ~County, Pennsylvania (I) To satisfy the judgment for possession in the above malter you are directed to deliver possession of the following described property to: being: (Premises as follows): Plaintiff (s) see p~Operty description TR'JT: C .... In Ter.~!m~-..: .. ~"~ ~M ~'-...' : S7, and tim .... , . ~ n,...-, ,fy hand ~o, c.- ~3 ~'ourt ~t CaHide, Pa. ..................... ........... rothonot~ ' ~ (2) To saiist~ thc co~rs against thc dct%ndant (s~ you arc directed lo levy Upon any property of fl~e defen- dant (s) and sell hisser (or ~hcir) inrcrcsl rhcmin. Curtis R. Long Dale ~ ~ t%°ll~)llOh~/., Con,non Ple&~ Ga Jrt or'Cumberland County. Pennsyk~ia (SEAL) Deputy Z :Z o . day of _ By virtue of this writ, on the _. to I caused tile within named -- - have possession of the premises described with the appurtenances, and So ~r~swers, Sworn and subscribed to before me this ~ Sheriff day of _ -' ~ -- -. By_ Deputy Property Description All that certain tract of land in the Borough of Newville, Cumberland County, Pennsylvania, situated on the West side of Railroed Street (now Big Spring Avenue) and designated in former titles as Lot No. 5 on the West Side of Depot Street in Plan of additional building lots laid out by Peter A. AM, bounded and described as follows: Beginning at a comer of Lot No. 6, now or formerly ofSamas D. Outshall, on said Railmed Street thence by said Lot No. 6, North Rose Alley; thence along · said Alley, South sixteen and three-fourths (16 sA ) degrees West, 36 feet to comer of lot now or formerly of Irene D. Piper; thence by the same, South seventy-throe and one-fourth (73 %) degrees East, 180 feet to Railroad Street; thence along said Street, North sixteen and three-fourths (16 sA) degrees East, 36 feet to the place of Beginning. Known and numbered as 107 Big Spring Avenue, Newville, PA 17241 Property Description All that certain tract of land in the Borough of Newville, Cumberland County, Pennsylvania, situated on the West side of Railroad Street (now Big Spring Avenue) and designated in former titles as Lot No. 5 on the West Side of Depot Street in Plan of additional building lots laid out by Peter A. Ahl, bounded and described as follows: Beginning at a comer of Lot No. 6, now or formerly ofSamas D. Gutshall, on said Railmed Street thence by said Lot No. 6, North Rose Alley; thence along said Alley, South sixteen and three-fourths (16 ~A ) degrees West, 36 feet to comer of lot now or formerly of Irene D. Piper; thence by the same, South seventy-three and one-fourth (73 ½) degrees East, 180 feet to Railmed Street; thence along said Street, North sixteen and three-fourths (16 ~A) degrees East, 36 feet to the place of Beginning. Known and numbered as 107 Big Spring Avenue, Newville, PA 17241 BROADUS ALLEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW V. WILLIAM E. MARTIN and : DEBRA MARTIN, : Defendants : NO. 01-2511 CIVIL TERM IN RE: DEFENDANTS' PETITION TO OPEN AND STRIKE DGMENT ORDER OF COURT AND NOW, this ~O~ay of July, 2001, upon considemtinn of Defendants' Petition To Open and Strike Judgment, it is hereby ordered that: 1. A Rule is issued upon Plaintiffto show cause why Defendants are not entitled to the relief requested; 2. Plaintiff shall file an answer to the motion within 21 days of the date of this order; 3. The petition shall be decided under Pa. R.C.P. 206.7; 4. Depositions shall be completed within 35 days of this order; 5. Argument shall be held on September 26, 2001, at 3:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. 6. Briefs shall be submitted at least seven days prior to argument. BY THE COURT, Jacqueline M. Vemey, Esq. ~'Wesley Oler, ~r., J. ~0x~ 44 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Harold S. Irwin, III, Esq. 35 East High Street Carlisle, PA 17013 Attorney for Defendants BROADU8 ALLEN, : IN THE COURT OF COMMON PLEA8 OF Plllntlff : CUMBERLAND COUNTY, PENN8YLVANIA : CIVIL ACTION. LAW V, ; WILLIAM E. MARTIN end J NO. 200t ,, 251'1 CIVIL TERM DEBRA MARTIN, : Defendmnts : PETITION TO OPEN AND TRIKE JUD MENT NOW come the defendants, by their attomey, Harold S. irwin, III, Esquire, and present this petition to open and strike judgment, representing as fellows: 1. Plaintiff is Bmadus Allen, an adult individual whose address is P.O. Box 775, new Kingstown, Cumberland County, Pennsylvania 17072. 2. Defendants are William E. Martin and Debra Martin, his wife, adult individuals residing at 107 Big Spring Avenue, Newville, Cumberland County, Pennsylvania 17241. 3. The parties entered into an installment sales contract fer the pumhase of defendants' residence on or about February 22, 2000. 4. On April 30, 2001, the plaintiff filed a complaint fer confession of judgment in ejectment pursuant to that agreement. Said complaint contained a notice to the defendants that they had 30 days after service to seek relief from the judgment. 5. The aforesaid 30 day period expires on June 4, 2001. 6. Prior to filing the complaint for confession of judgment on this installment sales contract, the plaintiff failed to provide the defendants with the appropriate Act 6 and Act 91 notices as required by law. 7. Defendants believe and therefor aver that the plaintiff's action in seeking judgment by confession was inappropriate in this case, even though the agreement contained a confession of judgment clause, since the law requires that the plaintiff provide the defendants in a residential purchase money loan situation such as this with the ACt 6 and Act 91 notices and the opportunity to cure their default. 8. The failure of the plaintiff to do so justifies relief from the confession of judgment in this case. WHEREFORE, defendants request this Honorable Court issue a rule upon plaintiff to show cause why the judgment entered against the defendants should not be opened and stricken. June 4, 2001 Attomey for 35 Eaat High Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID NO. 29920 _VERIFICATION Due to the time constraints involved, counsel for the defendants is executing this verification. However, the facts in this petition are personally known to defendant's counsel. I verify that the facts contained in this petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unswom falsification to authorities. June 4, 200t HAROLD S. IRWlN,~.~._.. NAROLD S. IRWIN, IN, ESQ. SUPREME CouRT ID NO. 29920 35 EAST NIGN STREET CARLISLE PA t7043 ('717) 243-6O90 ATTORNEY FOR PLAINTIFF ~ I IN THE coURT OF COMMON pLEAS OF : cUMBERLAND CouNTY, PENNSYLVANIA BRoADUS ALLEN, plaintiff : CIVIL ACTION ' LAW :NO. 200t - 2St~ CIVIL TERM WILLI;~ E. MARTIN and : DEBEA MARTIN, Defendants : ORDER OF COURT_ NOW, this ~ day of ~' 2001, on petition of Harold S. Irwin, III, Esquire, a rule is hereby issued upon defendants, William E. Martin and Debra Martin,, and plaintiff, Broadus Allen, to show cause why petitioner should not be permitted to withdraw as counsel for defendants. Rule returnable ~ I,~ days after the date of this order. Service to be by certified mail upon defendants and upon plaintiffs attorney of record, Jacqueline Verney, Esquire. -~ By the Court, " ; . ; IN THE CouRT OF coMMON PLEAS OF ~ BROADUE ALLEN~ : cUMBERLAND couNTY, pENNSYLVANIA Plaintiff : CIVIL AcTiON - LAW v. :: NO. 200t - 2St~ CIVIL TERM WILLIAM E. MARTIN and : DBBRA MARTIN, Defendants : PETITION FOR RULE TO SHOW CAUSE NOW comes Harold S. Irwin, Ill, Esquire, attorney for defendants, and presents this petition for a rule to show cause, representing as follows: 1. Petitioner is Harold S. Irwin, III, attorney for plaintiff, with offices at 35 East High Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondents are William E. Martin and Debra Martin (defendants in this matter), of 107 West Big Spring Avenue, Newville, Cumberland County, Pennsylvania 17241, and Broadus Allen(plaintiff in this matter), of P.O. Box 775, New Kingstown, Cumberland County, Pennsylvania 17072. 3. Petitioner has represented the plaintiff in this matter since on or about May 7, 2001. 4. The status of the proceedings is that the Court has established, by Order of Court dated July 30, 2001, a schedule for pleadings, discovery, briefs and argument to take place between now and September 26, 2001. 5. Petitioner has been requesting that respondents Will and Debra Martin provide him with an adequate retainer for his services and to pay monthly invoices for legal services provided to them by the petitioner; however, respondents are unwilling or unable to do so. 6. Based on the above, differences have arisen between defendants and petitioner regarding the handling of this matter and petitioner is unwilling to continue his representation of plaintiff in light of plaintiff's inability to pay for legal services. · 'tioner last communicated to the respondents by letter dated August 6, 7 . PetlL-, ~ .~o,~ondents did not pay sufficient moneys for legal services by 2001, indicating m~ - ,~o~- ' August 10, 2001, petitioner will request leave to withdraw from this case. 8. Your petitioner believes and therefor avers that defendant has adequate time to find substitute counsel, ff necessary. WHEREFORE, petitioner requests your Honorable Court to enter a rule the respondents to show cause why petitioner should not be permitted to withdraw from this case· ~ August t 3, 200t Petitioner 35 East High Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 VERIFICATION The foregoing petition is true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unswom falsification to authorities. August t3, 200t ~ · .Petitioner-~.--x BROADUS ALLEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA : v. : CIVIL ACTION - LAW ; WILLIAM E. MARTIN, : NO. 2001- 2511 CIVIL TERM DEBRA MARTIN, : Defendants : ANSWER TO PETITION TO OPEN AND STRIKE JUDGMENT/ ANSWER TO RULE TO SHOW CAUSE AND NOW, comes, Bmadus Allen, Plaintiff, by and through his attorney, Jacqueline M. Verney. Esquire and files this Answer pursuant to the Order of Court dated July 30, 2001: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part. Denied in part. It is admitted that Act 6 and Act 91 Notices were not provided. It is denied that the Act 6 and Act 91 Notices were required by law. 7. Denied. Act 6, 41 P.S. § I01 defines a residential mortgage as "... an obligation to pay a sum of money in an original bona fide principal amount of fifiy thousand dollars ($50,000.00) or less ..... "The Notice requirement of Act 6, 41 P.S. § 403 (a) applies to the statutorily defined "residential mortgage". The instant obligation is in excess of $50,000.00. The Notice requirement of Act 6 does not apply. Act 91, 35 P.S. § § 1680.401 c and 1680.402c, authorize the Pennsylvania Housing Finance Agency to make emergency loans to certain qualifying mortgagors. Section 1680.401c(a) provides "...The provisions of this article shall not be applicable if: (4) The mortgage on the property was given by a noncorporate seller, unless the noncorporate sell elects, in writing, in the mortgage or elsewhere to be covered by this article." Plaintiffis a noncorporate seller and has not elected to be covered by this article which goes on to provide for the Notice in the event of foreclosure. 8. Denied. The Act 6 and Act 91 Notices are not applicable to this Installment Sales Agreement and the Judgment should not be opened or struck. WHEREFORE, Plaintiff requests this Honorable Court deny Petitioners Motion to Open and Strike Judgment. Respectfully submitted, ~ffacq~line M. Vemey, Esquire #23~7 44 South H~over St~et Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff VERIFICATION I verify that the statements made in the within Pleading are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Answer to Petition to Open and Strike Judgment and Answer to Rule to Show Cause was served on the following person by first class US mail~ postage prepaid on the date indicated: Harold S. Irwin, Esquire 35 East High Street Carlisle, PA 17013 Date: ~cqutqine M. Vemey, Esquire #2316 / 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff BROADUS ALLEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW ; WILLIAM E. MARTIN, : NO. 2001- 2511 CIVIL TERM DEBRA MARTIN, : Defendants :CONFESSION OF JUDGMENT-EJECTMENT ANSWER TO RULE TO SHOW CAUSE AND NOW, comes, Broadus Allen, Plaintiff, by and through his attorney, Jacqueline M. Verney, Esquire and files this Answer to Rule to Show Cause and in support thereof avers the following: 1-2. Admitted. 3. Plaintiffhas no knowledge of the facts averred in this paragraph but has no reason to deny the averment. 4. Admitted. 5-8. Plaintiffhas no knowledge of the facts aver~t in this paragraph but has no reason to deny the averments. 9. Plaintiffdoes not object to the withdrawal of counsel for Respondents so long as it does not delay the proceedings in this matter. Respectfully submitted, ~acq~line M. Verney, Esquire #2~167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff Jacqueline M. Verney 44 S. HANOVER ST. · CARLISLE, PA 17013 · L717) 243-9190 · FAX (717) 243-3518 CEI~TIFICATE OF SE I hereby ee~Jl~' thai a trLIC and correct copy of the Answer to Rule to Show Cause ~xas served on the Ibllowing persons by first class US mail, postage prepaid on the dale indicated: Harold S. I~'in, Esquire 35 East High Street Carlisle. PA 17013 Ivlr. and Mrs. Willian~ E. Martin 107 West Big Spring Avenue Newville. PA 17241 Date: /Jacq~line M. Vemey, Esquire #~ 167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff HAROLD S. IRWIN, III, ESQ. SUPREME COURT ID NO. 2GgZ0 35 EAST HlliH STREET CARLISLE PA 17013 (7t7) ~Ll-e0g0 ATTORNEY FOR PLAINTIFF BROADUS ALLEN, : IN THE COUNT OF COMMON PLEAS OF Pllilntlff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. ; WILLIAM E. MARTIN lind : NO, 200t - 251t CIVIL TERM DEBRA MARTIN~ : Defendents : ORDER OF GOURT NOW, this [~ ~"day of September, 2001, on petition of Harold S. Irwin, III, Esquire, the rule issued upon the parties to show cause why he should not be permittd to withdraw as counsel for plaintiff is hereby made absolute. By the Court, BROADU8 ALLEN, : IN THE COURT OF COMMON PLEA8 OF ¥. ; WILLIAM E. MARTIN end : NO. 2001 - 25tt CIVIL TERM DEBRA MARTIN, : Defendants : PETITION TO MAKE RULE ABSOLUTE NOW comes Harold S. Irwin, III, Esquire, attomey for defendants, and presents this petition ro make the rule absolute, representing as follows: 1. Petitioner is Harold S. Irwin, III, attorney for plaintiff, with offices at 35 East High Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Respondents are Broadus Allen, plaintiff', and William E. Martin and Debra Martin, defendants, all parties to this pending foreclosure action. 3. Petitioner has represented plaintiff in this matter since its inception. 4. On or about August 16, 2001, on petition of Harold S. Irwin, Ill, Esquire, a rule was issued upon the parties to show cause why Harold S. irwin, III, Esquire, should not be permitted to withdraw as counsel for plaintiff, returnable fifteen (15) days after the date of the Order and service to be by certified mail upon the plaintiff's attorney of record, Jacqueline M. Vemey, Esquire, and upon the defendants. 5. Plaintiff filed an answer to the Rule to Show Cause indicating that plaintiff has no objection to petitioner's withdrawal as counsel for defendants. 6. Defendants received a copy of the petition and rule on September 5, 2001; however, they have filed no response. A copy of the signed receipt card and sender's receipt is incorporated herein by reference and attached hereto as Exhibit "A". WHEREFORE, petitioner requests your Honorable Court to make the rule entered upon the parties to show cause why petitioner should not be permitted to withdraw from this case absolute. September 14, 2001 VERIFICA TIO? The foregoing petition is true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unswom falsification to authorities. Septembert4, 2001 u~~~./~ - '*~ ,,AROLD S. IRWIN, III, Petitioner · Complete item~ 1, 2, end 3. ,~tJo complete · PHnt your name and ~ldre~ on the reveme IO that we c~n retum the croci to you. ~J / · .~...,.thla card to the back of the mallplece, X ~ ,/~r,~')J ,P' . or ~o~ ~he front If epece peri. its. I &'K.I"J' J.~ r"l Inaurecl IdMI [] C.O.D. ~Endoraement Required) ~ ~ ..,.,.o.,....- $ fl,,I q l EXHIBIT 'SA" BROADUS ALLEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND cOUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : WILLIAM E. MARTIN, : NO. 2001-2511 CIVIL TERM DEBRA MARTIN, : Defendants : CONFESSION OF J73DGMENT-EJECTMENT ORDER OF COURT AND NOW, this 26th day of September, 2001, upon consideration of Defendants' Petition To Open and Strike Judgment, and of Plaintiff's Answer to Rule To Show Cause, and following oral argument held on this date at which Jacqueline M. Verney, Esquire, appeared on behalf of Plaintiff, and at which no appearance was raade by Defendants, and it further appearing that no brief was submitted by Defendants in support of their petition, Defendants' Petition To Open and Strike Judgment is denied. By the Court, j. IWesley O~r, Jr., Jacqueline M. Verney, Esquire ~ ~,~,0~~ 44 South Hanover Street Carlisle, PA 17013 For the Plaintiff william E. Martin 107 West Big Spring Avenue Newville, PA 17241 Debra Martin 107 West Big Spring Avenue £~'. ~'~ .- Newville, PA 17241 pcb BROADUS ALLEN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW WILLIAM E. MARTIN, : NO. 2001- 2511 CIVIL TERM DEBRA MARTIN, : Defendants :CONFESSION OF JUDGMENT-EJECTMENT PRAECIPE FOR WRIT OF POSSESSION UPON A CONFESSED JUDGMENT To the Prothonotary: Issue writ of possession upon judgment in ejectment entered by confession in the above matter. CERTIFICATION I certify that (1) This praecipe is based upon a judgment entered by confession, and (2) Notice pursuant to Rule 2973.2 has been served at least thirty days prior to the filing of this praecipe as evidenced by a return of service filed of record. Respectfully submitted. ~ - ~'[ -C~/ .~acqu~ine M. Vemey, Esquire, 2316 44 South Hanover Street Carlisle. PA 17013 (717) 243-9190 Attorney for Plaintiff BROADUS ALLEN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ; : CIVIL ACTION - LAW V. : CIVIL TERM WILLIAM E. MARTIN, : NO. 2001- 2511 DEBRA MARTIN, ::CONFESSION OF JUDGMENT-EJECTMENT Defendants WRIT OF POSSESSION. COMMONWEALTH OF PENNSYLVANIA: : COUNTY OF CUMBERLAND To the Sheriff of Cumberland County: (1) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to Broadus Allen: See atxacbed description (2) To satisfy the costs against William E. Martin and Debra Martin. you are directed to levy upon any property of William E. Martin and Debra Martin and sell his or her interest therein. Prothonotary of Cumberland Cotmty LAW OFFICE OF Jacqueline M. Verney 44 S. HANOVER ST. ,, CARLISLE. PA 17013 · (.717) 243-9190 * FAX (717) 243-3518 Property Description All that certain tract of land i,~ tile Borough of Newville. Cumberland County. Pennsylvania. situated on tile West side of R. ailroad Street (now Big Spring Avenue} and designated in former titles as I.ot No. 5 on the West Side of Depot Street in Plan of additional building lots laid out by Peter A. :\hi. bounded and described as fbllows: Begin,ting at a comer of Lot No. 6. now or formerly of James D. Guts\alL on said Railroad Street thence by said Lot No. 6. Nol'th Rose Alley: thence along said ,.\[ley. South sixteen and three-tk'mrths { 16 a,4 ) degrees West. 30 feet to corner of lot now or formerly of Irene D. Piper: thence by the same. South seventy-three and one-fourth {73 ~/4) degrees East, 180 feet to Railroad Street: thence along said Street. North sixteen and three-fourths ( 16 M) degrees East. 36 feet to the place of Beginning. Known and numbered as 107 Big Spring Avenue, Newville. PA 17241 By virtue of this writ. on thc 22nd day of ~t~ 200i I caused thc within named B~us Allen * , ~o have possession of the premises described~ 107 Bi9 Spring A~, ~ille, PA 17241 S~riff's Costs: ~ance C~ts: 150.00 ~ketJ.ng $ 18.00 S~riff's Costs~ 95.16 P~thonota~ 1. O0 54.84 Mila~ 14.30 ~ .... zc- 30. O0 ::---' .- Refund~ to Arty ~ 10/23/01 Su~ 30.00 95.]6 WRIT OF POSSESSION (Ejectment Proceedings PRCP 3160 - 3165 etc.) IN THE COURT OF COMMON PLEAS OF B~dus Allen CUMBERLAND COUNTY, PENNSYLVANIA P. O. BOx 775 No. I11-?~11 ~v~l T~rm Term New Kin~stown, Pa. 17072 No. Term. vs. Costs Att'y. $ 95.94 Wi~l~ E. Martin Debra Martin Pl'ff (s) $ 107 Big Suring Avenue Newville. Pa. 17241 Protby. $ 1.00 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: To the Sheriff of CIw"~'lmnrl County. Pennsylvania (!) To satisfy the judgment for possession in the above matter you are directed to deliver possession of the following described property to: Bro~,t~ m A!lPn Plaintiff (s) being: (Premises as follows): 107 Big spring Avenue, Newville, Pa. 17241 (2) To satisfy the costs against the defendant (s) you are directed to levy upon any property of the defen- dant (s) and sell his/her (or their) interest therein. C~nc~-i~ R. Lcalq Pmthonolaty, Common ~ C~ of C~l~ ~nty. ~nnsyl~a D~,~ ~.~ 9, 2oo~ ~y: ~'~ ~- ~'"~ (SEAL) i t Deputy