HomeMy WebLinkAbout02-0837RICHARD RHOADS,
Plaintiff
DARRYL LEE and
TAMMY LEE,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: NO. 2002-~ ~-~ CIVIL TERNI
:
:CONFESSION OF JUDGMENT-EJECTMENT
CONFESSION OF JUDGMENT IN EJECTMENT
Pursuant to the authority contained in the warrant of attomey, the original
or a copy of which is attached to the complaint filed in this action, I appear for the
defendants and confess judgment in ejectment in favor of the plaintiff and against the
defendants for possession of the real property described as follows:
All that certain tract of land situate in the Village of Plainfield, West
Pennsboro Township, Cumberland County, Pennsylvania, bounded and
described as follows, to wit: Beginning at a point in the center line of
Pennsylvania Route 641, thence by a certain alley South 11 degrees, 30
minutes West 161 feet to a nail; thence by said alley south 1 degree, 15
minutes East, 49.5 feet to a nail; thence along a center of another alley;
North 88 degrees West 127.4 feet to a nail; thence by land now or
formerly of the Reformed Mennonite Church, North 30 degrees, East 26.7
feet to a post; thence by the same North 18 degrees, 30 minutes East,
216.8 feet to a point in the center line of the aforementioned Pennsylvania
Route 641; thence along said center line South 71 degrees, 30 minutes
East, 95.8 feet to a point, the place of Beginning.
flcqu~ine M. Verney, Esquire #23167
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Judgment entered as above this
PR~'I~Iq~ONOT,~9 0
,2002
RICHARD RHOADS,
Plaintiff
DARRYL LEE and
TAMMY LEE,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
_.
: CIVIL ACTION - LAW
:
: NO. 2002- CIVIL TERM
:
:CONFESSION OF JUDGMENT-EJECTMENT
COMPLAINT FOR CONFESSION OF JUDGMENT IN EJECTMENT
AND NOW, comes, Richard Rhoads, Plaintiff, by and through his attorney,
Jacqueline M. Verney, 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 Richard Rhoads, an adult individual, whose address is
1058 Centerville Road, Newville, Cumberland County, Pennsylvania, 17241.
2. The Defendants are Darryl Lee and Tammy Lee, adult individuals,
husband and wife, whose address is 40 West Main Street, Plainfield, Cumberland
County, Pennsylvania.
3. The Plaintiff and Defendants entered into an Installment Sales Agreement
on November 1, 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 40
West Main Street, Plainfield, Pennsylvania in exchange for monthly payments in the
amount of $500.00. The Agreement further provides for the filing of a Confession of
Judgment in Ej ectment in the event of default.
4. This Confession of Judgment in ejectment 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 situate in the Village of Plainfield, West
Pennsboro Township, Cumberland County, Pennsylvania, bounded and
described as follows, to wit: Beginning at a point in the center line of
Pennsylvania Route 641, thence by a certain alley South 11 degrees, 30
minutes West 161 feet to a nail; thence by said alley south 1 degree, 15
minutes East, 49.5 feet to a nail; thence along a center of another alley;
North 88 degrees West 127.4 feet tot a nail; thence by land now or
formerly of the Reformed Mennonite Church, North 30 degrees, East 26.7
feet to a post; thence by the same North 18 degrees, 30 minutes East,
216.8 feet to a point in the center line of the aforementioned Pennsylvania
route 641; thence along said center line South 71 degrees, 30 minutes East,
95.8 feet to a point, 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 $500.00, and are in arrears in the
amount of $2,500.00 plus late fees of $125.00, since October, 2001 to February 1, 2002.
9. Defendants are also liable for attorney's fees in the amount of 5% of the
unpaid balance. Plaintiff seeks reimbursement of attorney's fees in the amount of
$131.25
10. Plaintiff is entitled to possession of the premises as set forth in Exhibit
11. Plaintiff demands confession of judgment in ejectment against
Defendants.
WHEREFORE, Plaintiff prays that a confession of judgment in ejectment be
entered against Defendants.
Respectfully submitted,
~cqddine M. Vemey, Esquire #23 lS67
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Plaintiff
VERIFICATION
I verify that I am familiar with the facts included in the within Complaint and to
the best of my knowledge and belief are true and correct based on information known to
me or received from reliable sources. I understand that false statements herein are made
subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unswom falsification to
authorities.
Dated:
Richard Rhoads
INSTALLMENT SALES AGREEMENT
ENTERED INTO, This day of
,2001.
BETWEEN RICHARD RHOADS, of 1058 Centcrville Road, Newville,
Cumberland County, Pennsylvania, hereinafter known as Seller,
AND
DARYL LEE and TAMMY LEE, husband and wife,~ of the Bomngh of
Plainfield, Cumberland County, Pennsylvania, hereinafter known as Purchasers,
WITNESSETH: That the said Seller, in consideration of the terms and conditiOns
hereinafter mentioned~ and contained, agrees to grant and: convey unto thc:said
Purchasers, their heirs and assigns,
ALI, THAT CERTAIN tract or parcel of land situate in thc Borough of Ncwvillc,
County of Cumberland, Commonwealth of Pcnnsylv~a, known as 4~West Main Strut,
Plainfield, Cumberland County, Pcnmylvania
IN CONSIDERATION WHEREOF, the said Purchasers agree to pay to thc said Seller
therefor, thc sum of~Fony-six Thousand, Four Hundred and no one hundredths
{$46,400.00) Dollars, as follows:
(1) $ 0 at the signing of this agreement.
(2) $ 46,400.00 to be paid by March 1, 2002, except that said time may bc extended if
financing cannot be obtained due to the appraised vaiuc of the property being be, low
$80,000.00, in such oas~ said time for transfer Shall be extended to September l,
2002.
In addition, purohaser shall pay to Seller the sum of $500,00 per month representing
property ~xes, homeowners insurance and Seller's interest payment, beginning
November l, 2000.
Payments more than 15 days late shall be subject to and shall accrue a late charge of
five percent (5%) of the monthly payment set forth above.
The Purcbaiscrs shall have the privilege of pre paying the amount of the loan principal
as desired, and nothing contain~ in this Agreement shall be construed to limit reduction
of principal to said amount. All payments shall be made to thc Seller at whatever address
is designated in writing, and until further notice at 1058 Centerville Road, Ncwvillc, PA
17241.
It is also agreed between the parties hereto that possession of the said premises shall
be delivered to the said Purchasers on November 1, 2000, and that said Purchasers shall
be entitled to receive rents, issues, and profits from said date of delivery of possession,
subject to the conditions herein set forth.
The Purchasers agree not to make any substantial alteration of the condition of the
premises or of thc buildings thereon erected without first securing the written consent and
approval of the Seller.
Taxes for prior years have been paid and Seller is responsible for future taxes. When
legal title is taken by th~ Purchasers, Seller shell pay one-half of the State and Local
Realty Transfer Taxes than in effect, up to a maximum of one (1%) percent of the
contract price, and the Purchasers shall pay the remainder.
Seller agrees that the title to said property shall be maintained free and clear of any
encumbrances except for the existing demand note, throughout the term-of this
agreement. In the event that Seller defaults in making any payments which may be
required in connection with any such demand note or other encumbrance, the Purchasers
shall have the privilege of applying any sums payable pursuant to this agreement to such
encumbrance holder..
Seller agrees that so long ns the present agreement is in force and Purchasers are not
in default of nny provisions hereof, Seller will not sell, transfer or assign the property,
Upon compliance with thc foregoing terms and conditions and payment of the said
purchase price in full by the Purchasers,. a good and sufficient deed for thc proper
conveying nad assuring of the said premises, in fee simple, free from all encumbrances,
subject only to ensemcnts and restrictions, visible or of record, such conveyance to
contain the usual covenants of special warranty will bc convoyed from Seller to
Purchasers.
If this property is conveyed to a third party at the request of thc Purchasers, then all
realty transfer taxes on such conveyance shall be paid by such third party and thc
Purchasers ns they rnny agree, nnd none shall be paid by the Seller,
In the event the said Purchasers shall fall to make nny 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 Purchasers, then and
in such case the Seller shall give Purchnscrs written notice of such default and Purchasers
shall have ten (10) days to cure said default. If the de£ault is not cured within thc ten (10)
day period, then, at tbe option of thc Seller, this Agreement shall become null and void
and the said Purchasers shall forf'cit all monies then paid ns liquidated damages,
representing thc fair rental value of the property during the time thc same shall have been
occupied by the Purchasers. Purchasers shall thereupon forfeit any and all rights and'
vacate the property immediately. In event of' such default, Purchasers shall have no right
to reimbursement for labor and materiels of'thc renovations pedormed at the property.
If default shall be made in the 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 duc and payable at once and may be collected by suit or othcn~ise,
and the Prothonotary or any attorney of any court or record of Perm.sylvania or elsewhcre
is hereby authorized ~ empowered to appear for and confess jud~nent agsinst said
Purchasers and in favor of the Seller for the unpaid monthly emounts that arein arrears,
tol~ethcr with interest, costs of suit, release of errors, attorney's commission of five
percent and waiving inquisitions and exemptions,
Upon breach of any of the covenants or conditions of the Ag~*ement. or upon its
voluntary termination or t~s.ination by forfeiture, the Prothonotary or any attorney of
any Court of Record of Pennsylvania, is hereby authorized to appear for and to confess
judi~nent 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 issuins of a
Writ of Possession with Writ of Bxecution for costs, waiving ail irregularities, without
notice and without leave of court, and with $% 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 panaities, forfeitures, damages or conditions
herein contained, shall not in any way be considered a waiver of tho right to enforce thc
same at any time without notice whatsoever,' and any atte~npt to collect the mount duo
by one proceeding shall not be considered a waiver of the right to institute any of the
other proceedings herein provided, but ail of the rights of the Seller, and all forfeitures.
penalties, damages and conditions may be enforced togsthcr or Succesaively at the option
o£the Seller.
No modification of this Agr~ment shaii be binding upon the Seller, unlo~ the
same shall be in writing and duly approved by the Seller.
The interest of the Purchasers in this Agreement shall not be assignable, in whole
or in part, without the prior written consent and approval of the Seller, and if such
· ssignmant is attempted, ail rights and remedies of the Seller set forth herein or which thc
Seller nmy otherwise have, shall immediately accrue to the Seller. Transfer of title by
Will, survivorship, or by descent shail not be regarded as an assignment requiring the
consent am/approvai of the Seller.
This Agreement is to extend to and be binding upon the hcir~ sucoessor%
executors, administrators, and assigns of the parties hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement, by
their signature, the day and year £~t above written.
WITNESS:
Commonwealth of Pennsylvania :
County of Cumberland.'
Ta-mmy Lee~urchaser
On this the ~hty of ,2001, before me, the undersigned,
officer, personally ltppeared P~chard Rho~ls, and Daryl Lee p~l'Tammy Lee, husband
and wife, known to me (or satisfactorily proven) to be the persons whose names arc
subscribed to the, wi~_b~i_q instrument, and acknowledged that they executed the same for
the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public ·
SHERIFF'S RETURN - REGULAR
CA~E NO: 2002-00837 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RHOADS RICHARD
VS
LEE DARRYL ET AL
CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within JUDGMENT IN EJECTMENT, NO was served upon
LEE DARRYL the
, at 1545:00 HOURS, on the 25th day of February , 2002
DEFENDANT
at 40 WEST MAIN STREET
PLAINFIELD, PA 17081 by handing to
TAM_MY LEE
a true and attested copy of JUDGMENT IN EJECTMENT, NO together with
OF JUDG & EXECUTION, COMP FOR CONFESSION OF JUDG IN
EJECTMENT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 4.14
Affidavit .00
Surcharge 10.00
.00
32.14
Sworn and Subscribed to before
me this /~ day of
~b~A~ ~0~32-~ A.D.
~ 1 Prothonotary "
So Answers:
R. Thomas Kline
02/26/2002
JACQUELINE VERNEY //~
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-00837 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
RHOADS RICHARD
VS
LEE DARRYL ET AL
CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within JUDGMENT IN EJECTMENT, NO was served upon
LEE TAMMY the
, at 1545:00 HOURS, on the 25th day of February , 2002
DEFENDANT
at 40 WEST MAIN STREET
PLAINFIELD, PA 17081 by handing to
TAMMY LEE
a true and attested copy of JUDGMENT IN EJECTMENT, NO together with
OF JUDG & EXECUTION, COMPLAINT FOR CONFESSION OF
JUDG IN EJECTMENT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this /3 ~ day of
notary /
So Answers:
R. Thomas Kline
02/26/2002
JACQUELINE VERNEY ,-~
f Deputy Sheriff