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HomeMy WebLinkAbout12-6707Carlisle Housing Opportunities Corp. 60 West Penn Street Carlisle, PA 17013 Plaintiff vs. Sean O. Morgan 116 North East Street Carlisle, PA 17013 Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. ~ pr- ~ ~ ~~ Civil Action -Law Ct~l~ ~erIN1 c ~ ,r. -'' ~~ ~ ~ ~ r ~D ~ ao r- x -+c~ <° ~ -~ s o ~ , .~ q~ A~ ~ --^t •d W CJ ?~' ~ PRAECIPE TO ENTER JUDGMENT Please enter judgment in accordance with the attached Promissory Note in favor of Carlisle Housing Opportunities Corp., and against the Defendant, Sean O. Morgan, in the amount of $46,500.00. Date: ~ ~31 2~ ~~- George F. Douglas, III,JEsquire Attorney ID # 61886 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Phone: 717-249-6333 Fax: 717-249-7334 Attorney for the Plaintiff ~~~31.so~ a~ C~~ ~g SS CERTIFICATE OF SERVICE I, George F. Douglas, III, of Salzmann Hughes, P.C., hereby certify that a copy of the foregoing Praecipe to Enter Judgment was served this date by depositing the same in the Post Office at Carlisle, Pennsylvania, first class mail, postage prepaid, addressed as follows: Sean O. Morgan 116 North East Street Carlisle, PA 17013 Respectfully Submitted, SALZMANN HUGHES, P.C. Date: D ~~~~3 l ~ZO 1Z. By: George F. Douglas, III, squire Attorney ID # 61886 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Phone: 717-249-6333 Fax: 717-249-7334 Attorney for the Plaintiff r CHOC Note NOTE • Dated: June 23, 2008 At: Carlisle, Pennsylvania $46, 500.00 FOR VALUE RECEIVED, the undersigned Sean O. Morgan, single person, (the "Maker"), irrevocably promises to pay to the order of Carlisle Housing Opportunities Corporation, a nonprofit corporation organized under and by virtue the laws of the Commonwealth of Pennsylvania ("CHOC"), at 60 West Penn Street, Carlisle, Pennsylvania 17013 the principal sum of Forty-six Thousand Five Hundred and 00/100 Dollars ($46,500.00) (the "Loan") with no interest, as provided below. The term of the Loan shall be for a period of Fifteen (15) years from the date hereof. No payments of principal are to be made during the term of the Loan, except as provided herein. If Maker transfers title to the premises or leases the premises Ithe "Payment Triggering Events") located at 116 North East Street, Carlisle, Pennsylvania (the "Premises"), which shall be provided to CHOC as security for the Loan, then and in that event the entire principal balance shall become due and owing to CHOC. If the Maker dies during the term of the Loan and a direct lineal descendant inherits the Premises and said lineal descendant agrees to live in the Premises as its principal residence for the balance of the term of the Loan, then the transfer of title under these circumstances shall not constitute a Payment Triggering Event. If no Payment Triggering Event occurs prior to June 23, 2023, (the "Maturity Date"), then the principal balance due shall be forgiven. As security for the payment of the Loan, the Maker has executed and delivered to CHOC a Mortgage (the "Mortgage"), which covers the Premises. THE MAKER HEREBY COVENANTS AND AGREES AS FOLLOWS: 1. All the terms, covenants, conditions and provisions of the mortgage are incorporated herein by reference and are made a part hereof, and any breach or violation thereof will constitute a breach or violation of this Note. • ~ 2. It shall be an Event of Default under this Note if the Maker fails to pay any sum required to be paid by the Maker under this Note and the Mortgage within thirty (30) days after the sum becomes due and payable, without notice, or if the Maker fails to perform any other provision of this Note to be performed by the Maker and fails to cure the default within thirty (30) days after notice. Upon the occurrence of an Event of Default, CHOC at its option may declare that the whole unpaid balance of the principal indebtedness is due and payable immediately without notice to the Maker. 3. THE FOLLOWING PARAGRAPH SETS FORTH A WARRANT OF AUTHORITY FOR AN ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER. IN GRANTING THIS WARRANT OF ATTORNEY TO CONFESS JUDGMENT AGAINST THE MAKER, THE MAKER HEREBY KNOWINGLY, INTENTIONALLY AND VOLUNTARILY, AND, ON THE ADVICE OF THE SEPARATE COUNSEL OF THE MAKER, UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS THE MAKER HAS OR MAY HAVE TO PRIOR NOTICE AND AN OPPORTUNITY FOR HEARING UNDER THE RESPECTIVE CONSTITUTIONS AND LAWS OF THE UNITED STATES AND THE COMMONWEALTH OF PENNSYLVANIA. Upon the occurrence of an Event of Default under this Note (of which an affidavit on behalf of the CHOC will be sufficient evidence), the Maker hereby irrevocably authorizes and empowers any attorney of any court of record in the Commonwealth of Pennsylvania, or elsewhere, to appear for and to enter and confess judgment against the Maker, at any time or times and as of any term, for the principal sum above mentioned, with or without declaration, with costs of suit, without stay of execution, and with reasonable attorney's fees. The Maker agrees that any of its property may be levied upon to collect said judgment and may be sold upon a writ of execution, and hereby waives and releases all laws, now or hereafter in force, relating to exemption, appraisement or stay of execution. The authority hereby granted to confess judgment will not be exhausted by any exercise thereof, but will continue from time to time and at all times until the Maker has paid all sums required to be paid by the Maker under this Note and the Mortgage and has performed all of the other provisions hereof or thereof to be performed by the Maker. 4. All of the covenants herein contained will accrue to the benefit of the successors and assigns, voluntary or involuntary, of CHOC. 5. The Maker hereby waives the technical requirements of demand, grace, presentment for payment, protest, notice of dishonor or nonpayment and notice of the • • exercise of any option hereunder, except as notice and grace are specifically provided for in this Note. 6. The remedies provided in this Note and the Mortgage or otherwise available to CHOC for the enforcement of the payment of the principal sum and the performance of the covenants, conditions, and agreements, matters and things herein and therein contained are cumulative and concurrent and CHOC at its sole discretion may pursue them singly or successively or together and CHOC may exercise them from time to time as often as occasion occurs until CHOC has been paid all sums due in full. 7. The terms and provisions of this Note are severable. This means that if any of the terms, covenants, conditions or provisions of this Note are unenforceable or invalid under federal, state or other applicable law, such unenforceability or invalidity will not make any other of the terms, covenants, conditions or provisions hereof unenforceable or invalid. If any waiver by Maker in this Note is prohibited by law, including but not limited to the waiver of exemption from execution, such waiver will be and be deemed to be deleted herefrom. IN WITNESS WHEREOF, intending to be legally bound hereby, the Maker has caused this Note to be duly executed, the day and year first above written. Witness: ~ ~ -- Sean O. Morgan Carlisle Housing Opportunities Corp. 60 West Penn Street Carlisle, PA 17013 Plaintiff vs. Sean O. Morgan 116 N East Street Carlisle, PA 17013 Defendant IN THE COURT OF THE COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Docket No. 12-6707 Civil Civil Action- Law ~.., -. ~~. -_~•~- ~ ,. .,. '= rY , . ~:~a :._ ,~ ~ -~ ~~ .. - ~~~ `~Y r:~ `.~ ~~ J Defendant admits to exchanging use of rooms in 116 N East Street for money. Before Defendant chose to rent rooms at 116 N East Street, he asked for clarification on the issue from Amy Neurohr, an agent of CHOC. It is then that he received a binding verbal contract to rent rooms at 116 N East Street. This judgement comes as a surprise to the Defendant because defendant already admitted renting rooms at 116 N East Street to the Plaintiffs lawyer and no response was given until the judgement. It does not seem plaintiff is interested in coming to a solution to the matter. Defendant has no other permanent residence. Defendant has merely rented rooms at 116 N East Street to meet the financial obligation of the mortgage, which has been quite the challenge because the defendant has been underemployed. Defendant's current income is below poverty level and he has virtually no other assets besides 116 N East Street. A judgement against defendant would be useless, cruel and unusual, and redundant since CHOC already has 1st lien position in case of sale of 116 N East Street. Defendant only wants a solution that is beneficial to both parties. The mortgage obligation is too much for the defendant without renting rooms. Defendant has three ideas as compromises to avoid judgement, which will be fruitless for the plaintiff anyways. 1. CHOC ceases monthly forgiveness and monthly payments are made directly to CHOC from Defendant. This allows CHOC to get its money back and Defendant can avoid the long term commercial injury that such a large judgement causes. 2. CHOC merely enjoys 1st lien position, when sale of property occurs, they get their money back. 3. Defendant sells the entire property to CHOC for their use to continue their fine work of helping under income people enjoy homeownership. CHOC gets their money, gets to help other people with housing, and they also have an income source because there are current renters. Defendant hopes that CHOC considers it's mission to help low income individuals own property and escape poverty. Defendant sincerely hopes that CHOC will reconsider judgement due to the fact that it conflicts with their mission and is not in the interest of justice. Defendant encourages the members of CHOC to employ empathy, the ability to consider what it would be like to have a nearly fifty thousand dollar judgement weighing on them in their commercial lives. This matter is merely a result of CHOC agents and CHOC clients not understanding the legal definitions of words in their contracts, therefore new contracts were made to match their understandings. If this judgement is enacted, it would be a black mark on CHOC's record of helping low income people and would damage its reputation among banks, community members, community leaders, CHOC members, and CHOC clients, all of whom have a right to know. Therefore, in light of the lack of communication between plaintiff and defendant and in light of the verbal contract between an agent of CHOC and Defendant, the defendant implores that the judgement not be enforced and that further communication between defendant and plaintiff be allowed. The commercial life of an under income person is in your hands. A person who served Cumberland county as a social worker for 3 years until he was laid off due to lack of funds. Please do not take it lightly. An unrebutted affidavit stands as fact. Defendant Swears that the above is true to the best of his knowledge under penalty of perjury, Sean O. Morgan ~ ~ f``~.. -~~~~."' NOTARIAL SEAL MARY L HART Notary Pubfic STATE COLLEGE BORO., CENTRE COUNTY My Commission Expires Aug 25, 2013 Certificate of Service I certify that a copy hereof has been furnished to all parties listed below by certified first class mail on November 1~th, 2012. ,L George Douglas 354 Alexander Spring Road Suite 1 Carlisle PA 17015 David Buell Prothonotary 1 courthouse square Suite 100 Carlisle PA 17013 Respectfully Submitted, Sean O. Morgan a l ' ?~'? l ~~Z ,~~.---