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HomeMy WebLinkAbout13-6072 i3- Judgment Note October 3, 2013 $100,000.00 I severally promise to pay $100,000.00 to the order of Timothy Light with interest at percent, without any right of setoff whatsoever. And further, I do authorize and empower any attorney of any court of record of Pennsylvania or elsewhere to appear for and to enter judgment against me, or any, in favor of any holder of this note for the above su.T with costs of suit, release of errors, without stay or setting aside of execution, and witfi Soo — added as a reasonable attorney's fee, and I waive and ase all benefit and relief from any and all appraisement, stay or exemption la of any a now in force or hereafter to be passed. Witn r (Seal) ltir� ,C John Pharo ter` r � Cn A l fij. (21a4t� ?A X�43 p t-y oom"towwalth at CounW =nd is jinn ublic, u nod fficer, personally appeared Q me ( or satisfactorily proven) to be the person �/� G / e me(s) is /are subs ed to the within instrumerd COMMONWEALTH OF PENNSYLVANIA 1p that he a ey executied t110 am * NRIAL SEAL rposes therein ntained. _ , set lei. PAMELA A. WITALSKI. N Lary Public Born of Shippensburg, Cumberland County Notary p� My Commission Expires March 24, 2014 tAA,°_ `T L"ti c 1)6 >w�s 3 -- O 1 Z Jam, -A --o AGREEMENT OF SALE Of , COMMERCIAL REAL ESTATE ---, - rT? This Agreement applies only to the sale of commercial W, real estate and DOES NOT apply to the sale of any business, business opportunity, or ,non-commercial real estate. t�- - 1. THIS AGREEMENT OF SALE, matte this i4'"7cay of Iy,0 L, , ZOl bby and between Purchaser: t-y L. L . G . �u , I✓jL .R N�.�Ju 1 Purchaser's Address: 2 or, ( . L•C„ Seller: ic344.)../ 2O Seller's Address; LC) L SA-Mew reA•ti 1200h-i) 13.E 2. The Seller sells and the Purchaser purchases (check one) n fee simple in leasehold (if lease- hold, refer to paragraph 20, below) the following described Property located in Ceate9t.g.we,c.A vo County, being further described as Lot IkS 2 , Block , Section , Tax Assessment District ( ) Election District ( ) and recorded among the land records of County, EO P.., in Liber , Folio , containing 3 IN acres/square feet more or less as shown on Tax Map Page , Parcel No. ) and being further described or known as pc s%0' —Pwa- 1 ? Z6* 7 together with all fixtures and improvements thereon and all rights and appurtenances thereto. Unless otherwise excluded as herein provided, the Purchase Price shall also INCLUDE the following personal property, furniture, and equipment as identified hereafter and/or on Exhibit A, attached hereto and expressly incorporated by reference herein; _ 0A:1) AIL r c,TL_ �- v 1f.a ,3 :.awl The following shall be EXCLUDED from the Purchase Price and shall remain the personal property of the Seller, as identified /►hereafter and/or on Exhibit B. attached hereto and expressly.�jr`tcbrparated-;by reference herein: Wit. zi { 3. PROPERTY USE AND ZONING. Purchaser hereby expressly assumes the risk that restrictive covenants: zoning laws or other recorded documents or governmental restrictions or regulations, present or future, may restrict or prohibit the use of the Property for the purpose(s) intended by the Purchaser. Pur- chaser assumes responsibility for determining that the intended use of the Property conforms with present zoning and use restrictions. This Agreement is not in any way contingent or conditioned upon whether the present zoning and use restrictions applicable to the Property will permit Property to be used as intended by the Purchaser. Neither the Seller nor Seller's agents make any warranties or representations that the present zoning and use restrictions will permit the Property to be used as intended by the Purchaser. 4, PURCHASE PRICE. The Purchase Price is 51i2.V0.-) J.1v0 „() 11PI k-n,,-w'p Dollars (S 140 ow ) payable as follows: An initial deposit in the amount of hJ 7,1-a4JeAL-.4(4 Dollars ($ l� ooc) ) in the form of �, ,G-IL upon acceptance of this Agreement by Seller and an additional deposit in the amount of NIN I,r.} 1 L-kO '4-v-O Dollars (S Qa 00O ) in the form of G1-e.ce due and payable son or before SEi pT. lS ZoI; The initial deposit and additional deposit shall hereinafter be referred to as the "Deposit." The Deposit shall be held by the Broker in escrow until the time of final settlement and disbursed in accordance ., Page 1 of 8 Pages Purchaser's Initials Seller's Initials 1r with the provisions of this Agreement at the time of settlement or in accordance with a properly executed disposition of deposit agreement signed by both Seller and Purchaser. Failure of the Purchaser to pay the additional deposit as specified shall constitute a default under this Agreement. Purchaser hereby authorizes and directs the Broker to hold the initial deposit without negotiation or deposit in Broker's escrow account until Seller shall execute and accept this Agreement. Upon accep- tance by Seller, Broker shall expeditiously cause said initial deposit to be placed in escrow as herein provided. If Seller does not execute and deliver this Agreement to Purchaser, the initial deposit shall be immediately returned to the Purchaser by Broker. The balance of the Purchase Price, less the Deposit and any seller financing, shall be paid in cash or certified check at the time of settlement. A.y. OF k= 1 G 1, 0 Q.. 5. DEPOSITS. The Deposits required herein shall be held by -- L.-NJ _• 77,-AA t-il M IJ ..Z rT1 ("Broker"), in escrow, in accordance with--N w•. Law, until the time of settle it and then disbursed in accordance with the terms of this Agreement. If the Deposit, upon the mutual agreement of Seller and Purchaser, is to be placed into an interest-bearing account, interest will be paid from date the Deposit is placed in an interest-bearing account until the date the Deposit is withdrawn. The parties understand and acknowledge that the date of Deposit will be the date on which the depository credits the account and the date of withdrawal will be the date the depository releases the Deposit to the Broker for settlement or disbursement to the Seller or Purchaser as provided herein. It is further understood and agreed that the Broker does not guarantee the rate of interest earned and will not pay interest for that reasonable time necessary for the transmittal of the Deposit to or from the interest- bearing account prior to disbursement., It is the intention of the parties that interest on the earnest money deposit hereunder shall accrue to the benefit of the '/.r4. (Social Security Mo./Tax Identification No. N'/d. ); however, in the event of default or the termination of the Agreement herein provided, the interest will accrue to the party entitled to the Deposit, as provided herein. The Interest Recipient agrees to execute, sign and attach Internal Revenue Service Form 11-9. lS.iT—tA ' E 2.a . 6. FINANCING CONTINGENCY. T is Agreement is conti gent upon the Purchaser's ability to obtain a /1/4)/4 loan from an institutional lender secured by a First Mortgage or Deed of Trust in the - amount not to exceed Dollars ($ ) with initial interest • not to exceed percent ( :) per annum, for a period of at least years, amortized over a period of at least years. Purchaser expressly agrees to make written application for the financing as herein described within ( ) calendar days from the date of acceptance of this Agreement. Purchaser further agrees to execute such mortgage or deed of trust at settlement if the loan commitment is granted by the mortgagee. If such loan commitment is not obtained by the Purchaser, or by the Seller for the Purchaser, within (_) calendar days from the date of acceptance of this Agreement, this Agreement, at the option of the Purchaser and upon written notice to Seller, shall be null and void and of no further legal effect and, upon execution of a disposition of deposit agreement by the parties. the Deposit shall be returned immediately to the Purchaser and neither party shall thereafter have any further liability to the other. in the event the Purchaser shall fail to obtain the required financing within the time provided above for financing, Purchaser, upon written notice to Seller, may elect to waive the financing contingency providing the Purchaser shall present evidence satisfactory to Seller that Purchaser will be able to perform this Agreement in accordance with all other terms and conditions and be able to pay the Purchase Price at time of settlement. Any action by the Purchaser resulting in the disqualification of the Purchaser for Page 2 of $ Pages Purchaser's Initials 11 Seller's Initials • • financing as herein described, including, without limitation, misrepresentation by the Purchaser in the c Credit Application, failure to apply for such financing and pursue the same diligently and in good faith, or application for a mortgage upon terms different from those terms set forth above shall con- stitute a default on the part of the Purchaser and Seller; at Seller's election and upon written notice to Purchaser, may terminate this Agreement and declare the Deposit forfeited and seek such other legal remedies as herein provided. 7. ALTERNATE FINANCING. Provided Purchaser satisfies Purchaser's obligations under the provisions of paragraph 6, Buyer may obtain a written commitment for financing in which the interest, terms of pay- ment, amount of loan, or any one of these differs from the financing conditions herein set forth, and, if so, the financing contingency conditions of this Agreement shall be deemed to have been fully satis- fied and waived by the Purchaser provided, however, that the terms of the alternate financing may not, without Seller's consent, increase costs to Seller or exceed the time allowed to secure the financing commitment as provided in paragraph 6. 8. LOAN FEES. If a new loan is to be obtained pursuant to this Agreement, the Purchaser agrees to pay all loan fees, including, but not limited to, loan origination fees, commitment fees, credit report fees, discount points, application fees and appraisal fees. I le 201_ 116,10 9. SIMMIONIN3. tigMfaMfegyjefebz on _p1; (s Zoi or sooner by mutual written agreement of the parties. -5 a.TZ'LIZ. O a-, 0 IZ. T3ra1r-ern eL. t Z. • 3 I. 7a4srs \e,/c'r 4 c rN c we v M l cm -- 7-d-� rK 'T bA A O 4 . 10. TIMELINESS. Time is of the essence of this Agreement. Yes v No (check one). 11. AGENCY. The Seller recognizes—7/1A I4A 1.-46)14-7- , Broker, as the listing Broker negoti- ating this Agreement and agrees to pay said Broker a brokerage fee far services rendered in the amount provided for in the listing agreement. • The party making settlement is hereby authorized and directed to deduct the brokerage fee from the proceeds of sale and to pay the same to the Broker at the time of settlement as a convenience to the Seller and not as a limitation upon Seller's liability to pay a brokerage fee. The brokerage fee shall be due and payable by Seller at the time of Seller's acceptance of the Agreement and settlement shall not be a condition precedent to Seller's liability for the brokerage fee. U. SETTLEMENT COSTS. PURCHASER SHALL BE ENTITLED TO SELECT HIS/HER OWN TITLE COMPANY, SETTLEMENT COMPANY, ESCROW COMPANY OR TITLE ATTORNEY. The Purchaser will will noteck one) select title insurance, settlement, or escrow company or employ his own title attorney. In either event, Purchaser authorizes the examination of title and preparation of all necessary conveyancing documents and, sub- ject to any statutory restrictions, agrees to pay all costs on account thereof including settlement charges, document preparation costs, conveyancing fees, notary and recordation charges, tax certifi- cate, survey, where required, and lender's fees. Seller agrees to pay all charges incident to removing existing title defects on encumbrances and normal settlement obligations of the Seller. RECORDATION TAX AND TRANSFER TAXES REQUIRED BY LAW SHALL BE PAID BY THE SELLER AND PURCHASER EQUALLY. 13: DEED AND TITLE. Upon payment of the unpaid Purchase Price, Seller, at Seller's expense, agrees to execute and deliver to the Purchaser a bill of sale for any chattels to be conveyed included in the Page 3 of 8 Pages Purchaser's Initials " Seller's Initials Iv Purchase Price as herein provided and a good and sufficient deed for the Property, containing covenants of SPECIAL/ warranty and further assurances. Title to the Property, including chattels to be conveyed, is to be good and merchantable, free of liens and encumbrances except as provided herein and except: use and occupancy restrictions of public record which are generally applicable to properties in the immediate neighborhood or subdivision in which the Property is located, and publicly recorded easements for public utilities and any other easements which may be observed by an inspection of the Property. In the event the Seller is unable to give good and merchantable title or such title as can be insured by a l NN• licensed title insurance company, with Purchaser paying not more than the regular title insurance rate; the Seller, at its expense, shall have the option of curing any defect so as to enable Seller to give good and merchantable title insurance or of paying any special premium on behalf of the Purchaser to obtain title insurance on the Property to the benefit of the Purchaser. In the event the Seller elects to cure any defects'in title, this Agreement shall continue to remain in full force and effect and the date of settlement shall be extended for a period not to exceed sixty (60) calendar days. In the event Seller is unable to cure such title defects within said sixty (60) calendar days and is unable to obtain a policy of title insurance on the Property to the benefit of the Purchaser by a Maryland licensed title insurance company, the Purchaser, at Purchaser's option and upon written notice to Seller, may settle on the Property and take such title as the Seller can give without reduc- tion of the Purchase Price or declare this Agreement null and void, in which event the Deposit and accrued interest thereon, if any, shall be promptly returned to the Purchaser and there shall be no further liability or obligation on either of the parties hereto and this Agreement shall become null and void and of no further legal effect. 14. INSPECTION. Purchaser is aware that several inspection firms are av'3lilable to inspect the condition of the Property; to include central heating and cooling systems and components, plumbing, including well and septic, electrical systems and components, the roof, exterior.and interior walls, ceilings and floors, foundations, and/or basement (including chronic water penetration). If the Property is,part of a condominium, Purchaser will be given access to the common areas to perform such inspection. Purchaser is further advised that an inspection can be made to determine the characteristics and condi- tions of the Property to include but not limited to an inspection for termite infestation and/or other wood-boring insects, underground storage tanks, lead paint, radon gas, asbestos installation and/or ground water contamination and all identified hazardous substances defined by federal or state law. Purchaser declines to perform such inspection(s) unless specified in an Addendum attached hereto and Purchaser acknowledges that the Broker(s) and their agents are not responsible for defects or the condition of the property. Inspection options accepted as to: (See attached Addendum) (Purchaser's Initials) Inspection options declined as to: (See attached Addendum) (Purchaser's Initials) 15. POSSESSION. Possession shall be given to Purchaser at the time of settlement. In the event Seller shall fail to give possession, Seller shall be deemed a tenant by sufferance of the Purchaser and liable for all damages resulting from Seller's failure to deliver possession. Seller hereby waives all notice to quit as provided by the laws of the State of ti Page 4 of Pages Purchaser's InitialS'��,` Seller's Initials 1$ ..,Y 16. COMPLIANCE WITH NOTICES. All notices of violation of orders or requirements noted or issued by any federal, state, county or local authority, excluding eminent domain proceedings, or actions in any court on account thereof, against or affecting the Property at the date of settlement, shall be com- plied with by the Seller and the Property conveyed free and clear thereof. 17. PROPERTY CONDITION. At the time of settlement or occupancy (whichever occurs first) Seller will deliver the Property in substantially the same physical condition as existed on the date of this Agreement. In addition to any other specific inspections provided for in this Agreement, the Purchaser, upon reasonable notice to the Seller, shall have the right of one (I) pre-settlement inspection of all the Property at least seventy-two (72) hours prior to settlement or occupancy (which- ever occurs first) to determine that the condition of the Property is in substantially the same condi- tion as existed on the date of this Agreement. Except as expressly contained in this Agreement, no other warranties have been made by the Seller, the Broker or Broker's agents, or relied upon by the Purchaser. 18. RISK OF LOSS AND INSURANCE. The Property is to be held at the risk of the Seller until legal title has passed or possession has been given to Purchaser. If prior to the time legal title has passed or possession has been given to Purchaser, all or a substantial part of the Property is destroyed or damaged, without fault of the Purchaser, then this Agreement, at the option of the Purchaser, shall be null and void and of no further legal effect, and the Deposit shall be returned promptly by Broker to Purchaser. It is also understood and agreed that the Seller shall immediately have all of the insurance policies on the Property endorsed to protect the Purchaser's interest, as their interest may appear, and shall continue such insurance in force during the terms of this Agreement. In the event it shall be determined by the Purchaser that the Property is inadequately insured by the Seller, the Purchaser shall have the right at Purchaser's option and expense, to obtain such insurance, or addi- tional insurance as shall be satisfactory to Purchaser. PURCHASER ACKNOWLEDGES THAT LENDER MAY REQUIRE HAZARD AND/OR FLOOD INSURANCE, AND PURCHASER AGREES TO PAY FOR SAME. • 19. ADJUSTMENTS. Rent, ground rent, water rent, and other assessments, if any, shall be adjusted and apportioned as of the date of settlement. All taxes, general or special, and all other public or governmental charges or assessments against the Property which are or may be payable on an annual basis (including District Sanitary Commission or other benefit charges, assessments, liens, or encumbrances for sewer, water, drainage, paving, or other public improvements completed or commenced on or prior to the date hereof, or subsequent thereto) are to be adjusted and apportioned as of the date of settlement and are to be assumed and paid thereafter by Purchaser, whether assessments have been levied or not as of the date of settlement if applicable. 20. GROUND RENT. The Purchaser acknowledges that the Property is subject to an annual ground rent in the amount of l■-)�n Dollars ($ ,) payable at the rate of �1 Dollars ($ ) per and that, failure to timely pay the ground rent when due may result in the reversionary owner of the ground rent bringing an eject- ment action against the ground rent. tenant under the applicable section of the Annotated Code. As a result of such action, the reversionary. owner of the ground rent may own the Property in fee, discharged from the lease. Page 5 of 8 Pages Purchaser's Initials Seller's Initials to • 21. DEFAULT. Failure on the part of Purchaser to comply with the terms, covenants, and conditions of this Agreement shall constitute a default and forfeiture of the Deposit and shall entitle the Seller to retain the Deposit paid by Purchaser and to pursue such other rights and remedies as may be available including, without limitation, an action for specific performance of this Agreement and/or monetary damages. If a dispute arises between the parties to the transaction as to the disposition of: the Deposit, the Broker holding the Deposit shall (I) hold these funds until the Broker receives a disposition of deposit agreement signed by Seller and Purchaser authorizing the disposition of the funds, or (2) hold these funds until such time as one of the parties to this Agreement files suit and the court in which the suit is filed orders the disbursement of these funds, or (3) 'may pay such monies into the court by filing an action of interpleader. In the event the Deposit is retained by the Seller as liquidated damages, Seller shall pay to Broker one-half (1/2) thereof as compensation for his/her services, but in no event to exceed an amount equal to the full brokerage fee due hereunder. In the event Seller obtains remedies other than liquidated damages, Broker shall be paid the full brokerage fees due hereunder from the escrowed funds or if such funds are insufficient the balance shall be paid by Seller. 22. BROKER LIABILITY. It is mutually and expressly understood and agreed by Seller and Purchaser that the listing Broker, its agents, sub-agents and employees, or any officer or partner of the Broker, and any cooperating Broker, its salespersons and agents, sub-agents, employees or any officer or partner of the cooperating Broker, are acting as agents only and will in no event be liable either jointly or severally to either party for the performance of any term or condition of this Agreement; for damages for the non-performance thereof; nor be responsible for the soundness or condition of the Property. Purchaser and Seller understand and acknowledge that Broker and any agents or employees of Broker are not, and were not at any time, authorized to make any representations regarding this Agreement or the Property other than those expressly set forth herein. Broker and any agents or employees of Broker do not assume responsibility for the condition of the Property or for the performance of this Agreement by any or all parties hereto. By signing this Agreement, Purchaser acknowledges that Purchaser has not relied on any representations made by Broker and any agents, sub-agents, or employees of Broker except those representations expressly set forth herein. In the event of a dispute, between Purchaser and Seller regarding the return or disposition of the Deposit, Broker, in Broker's sole discretion and election, may pay the Deposit to the clerk of court of proper jurisdiction by Bill of Interpleader, and upon acceptance of said Deposit, Purchaser and Seller, jointly and severally, shall indemnify and hold the Broker harmless from any and all claims, demands, damages or actions. Purchaser and Seller further agree that a dispute as to the return or disposition of the Deposit shall be conclusively presumed to exist in the event either or both Purchaser and Seller shall refuse upon request to sign a written disposition of deposit agreement authorizing the return or other disposition of the Deposit. In the event of such dispute and upon the election by the Broker to file an action of interpleader as herein provided, Purchaser and Seller further agree and hereby expressly and irrevocably authorize the Broker to deduct from the deposit monies all costs incurred by the Broker in the filing and maintenance of such interpleader action including but not limited to filing fees, court costs, service of process fees and reasonable attorney's fees. All such fees and costs authorized herein to be deducted may be deducted by Broker from the deposit monies prior to forwarding the balance of the deposit monies to the Page8 of 8 Pages Purchaser's Initialf 14 Seller's Initials • • court in the interpleader action. Purchaser and Seller further agree and expressly declare that all such fees and costs so deducted shall be the exclusive property of the Broker and may be thereafter used for the exclusive benefit of the Broker. In the event that any dispute arises under this Agreement between Seller and Purchaser resulting in Broker being made a party to any litigation, Seller and Purchaser, jointly and severally, agree to indemnify and hold Broker harmless for all costs, attor- ney's fees and legal expenses incurred by Broker as a result thereof, provided that such litigation does not result in a judgment against Broker for acting improperly under this Agreement. l4 ' RAL LAND TRANSFER s . Pursuant to t e ',no a e. o,e .. ,- •', ..., it • al Land Transfer Ta Agricultural Lan, -• • - . , ' - ' #! ti;-•• °,rc aser at the time o se emen . 24. rORLI INVESTMENT IN REAL. PROPERTY TAX ACT ( IRPTA). Se er s a { ' '• , •• Purchaser • lement an affidavit execu -d by Se , • ,er penalty of perjury, stating Seller's United States Taxpayer identt s•.=• os and further stating that Seller is not a foreign person, as that term • ' • fined and as re, '• •• • 2). 25. EXISTING LEASES. Purchaser agrees to take title to the Property subject to any existing leases affecting the Property as more particularly described in Exhibit C, attached hereto and expressly incorporated by reference herein. Upon assignment of said leases to the Purchaser, the Purchaser shall be solely liable as Landlord thereunder and shall indemnify and hold the Seller harmless from any liability under said leases from and after the date of assignment. Seller shall transfer to Purchaser at the time of settlement all security deposits and any required accrued interest thereon held by the Seller on account of such leases. 26. ADDENDA. The attached Addenda bearing tie signatures of Seller and Purchaser are hereby made a part of this Agreement and shall be construed to govern over any inconsistent portion of this printed form. (ADDENDUM ATTACHED: Yes No (check one)). N •� 2 . ■■ , •R• . En AND ALL OTHE PARTIES HERETO. Any person aggr with Article 56A, • '-405 of the Annotated de of may be en ' recover compensat- ion from the Acii-t-s-t-ate Guaranty . . • . actual Real Estate Commission, in not exceedi g $25,000 1 'deration of any claim. A Purchaser or other eyed person is not protected by t e Guaranty Fund in an amount in exec 400 for • 28. ADDITIONAL PROVISIONS. -64-D-61-4- �•C�CZ►i.�i.y //�� O 1r. 1�t..�. ��N ► li. A- 0 )1' mil" • Z No— 1 c: Iz c. - 1 oo v. • `. _ Fae., os G141.1%. LA a., L ,4t T2,.1 c '_' — ' _ — ' 1st it • D b-o 61;-- I S.C.) v �.�i i3 C 1;A-L4.wc c... 91)v Fs,LAI UPS — •g 2-c o 000 M ►ti►wi,�a,,, ��.�_ dxrtre_ c_, ( 1 - 3 1 - zo t 4r . D 51.1.4...t..x.rz- TZ'. Low. 4%.4.1.44./cu- `? t•3%0 Zo►5 • 6¢FoCU 3.31. L4— ''E9 FINAL AGREEMENT. Seller and Purchaser mutually agree that this Agreement shall be binding upon them, their respective heirs, personal representatives, administrators, successors, and assigns. This Agreement contains the final and entire agreement between the parties and neither they nor their agents Y.6f 7 0{'8 PIS.55 "10 shall be bound by any terms, conditions, statements, warranties or representations, oral or written, not contained in this Agreement. This Agreement shall be construed in accordance with the laws of the State of f THIS IS A LEGALLY BINDING CONTRACT; IF YOU DO NOT UNDERSTAND, SEEK COMPETENT LEGAL COUNSEL. 1-1i5A'I'/ Uitnes 1 o 'urc aser s ignature Purchaser' _ U e (Seal) Uitness to Purchaser's Signature 'urc aser s 1g • ' re fate N, ial ,Secur1t�%o. . (Seal) Witness to eller' Arnatur• 7 er s ignature" Date (Seal) Witness •o Seller' Signature Seller's Signature Social Security No. '' t�lti! Date 1011111101111111140,3 and time s of final acceptance. By (initials). Contract Form is Recommended by the Association of REALTOR& and is the Property of the Association. 11/88 +' Page 8 of g Purchaser's Initials 4. ' Seller's Initials 4 V TIMOTHY LIGHT, v. : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA TAMMY SPRECHER, EXECUTRIX, on Behalf of the ESTATE OF JOHN, G. PHARO, Deceased, Defendant. . NO. 2013 — 6072 CIVIL TERM) s _w CIVIL ACTION DEFENDANTS' PETITION TO STRIKE OFF / OPEN CONFESSION OF JUDGMENT AND NOW this 22nd day of May, 2014, comes Defendant, TAMMY SPRECHER, Executrix of the Estate of JOHN G. PHARO, Deceased, by and through their attorneys, Irwin & McKnight, P.C., and respectfully petitions this Court to strike off or open the default judgment entered against Defendant on or about October 15, 2013, and in support thereof aver as follows: 1. Timothy Light is an adult individual with an address listed on this docket of 114 North Pitt Street, Carlisle, PA 17013 (hereinafter "Plaintiff'). 2. Tammy Sprecher is the Executrix of the Estate of John G. Pharo, deceased (hereinafter "Defendant"). 3. On or about October 15, 2013, Plaintiff filed a document entitled "Judgment Note" against Mr. Pharo in the Cumberland County Prothonotary's Office. 4. According to the document, Mr. Pharo allegedly signed said Note in favor of the Plaintiff on or about October 4, 2013. 5. Subsequent to the filing of the "Note", Mr. Pharo took his own life on October 27, 2013, at the age of 71 years old. 6. Ms. Sprecher was granted letters testamentary to serve as Executrix of the Estate of John G. Pharo on November 18, 2013. 7. Among Mr. Pharo's papers was found a copy of the alleged Note along with a Notice of Judgment from the Office of the Prothonotary as required by Pa. R. Civ. P. No. 236. (A copy of the Note and Notice provided to Mr. Pharo is attached hereto as Exhibit "A") 8. A search of the docket, in the instant matter, revealed that an agreement of sale for real estate, allegedly signed by Mr. Pharo on or about August 14, 2013, had also been included in the filing, presumably as an attachment to the alleged Note. (A copy of both the Note with attached Agreement are attached hereto as Exhibit "B") 9. The alleged Note purports to include Warrant of Attorney/Confession of Judgment language, but neither a Complaint for Confession of Judgment nor an actual Confession of Judgment were filed as required by Pa. R. Civ. P. Nos. 2951, 2952, 2955 and 2962. 10. Furthermore, there has been no filing of a Praecipe for Writ of Execution nor Notice of Execution served as required by Pa. R. Civ. P. No.2957. 11. Based on the above, it clearly appears from the record that Plaintiffs "Judgment Note" was not entered in conformity with the requirements of the Pa. Rules of Civil Procedure. 12. Accordingly, the "Judgment Note" against Defendant was entered improperly and must be stricken from the record. 13. Defendant also believes, and therefore avers that Plaintiff is not a licensed attorney in this Commonwealth or any other jurisdiction, and as such did not have the necessary authority to confess judgment according to the warrant of attorney language in the alleged "Note". 14. The Note itself fails to contain any indication as to whether any consideration was provided Mr. Pharo for his alleged signature or under what circumstances, conditions or failures on the part of Mr. Pharo would allow for the warrant to be confessed. 15. There is also no indication that the Plaintiff ever filed or alleged that Mr. Pharo signed contemporaneously a Disclosure Form as required under Pennsylvania law in conjunction with any purported confession of judgment. 16. The alleged Note itself makes no reference to any Agreement whatsoever, and the alleged Agreement apparently attached to said Note contains no warrant of attorney or confession of judgment language. 17. The Agreement allegedly signed by Mr. Pharo on August 14, 2013, is dated over a month and a half prior to him allegedly signing the Note on October 4, 2013. 18. Accordingly, there is no evidence from the record that the alleged Note and alleged Agreement are even related to each other, or whether Mr. Pharo was aware that the documents were related to each other. 19. The alleged Agreement states that Mr. Pharo would sell a parcel of commercial real estate he owns to a purchaser listed as "An L.L.C. To Be Determined". 20. The signature on the last page of the Agreement on behalf of the purchaser, is believed and therefore averred to be that of the Plaintiff. 21. Even if there were a relationship between said Note and Agreement, the Agreement itself should be void or voidable for failing to have an actual, existing purchaser, which would be an essential term of the Agreement. 22. Further, the Agreement states in Paragraph 4 that Mr. Pharo is to receive $750,000.00 for the real estate with $10,000.00 of the alleged purchase price to be paid by check to Mr. Pharo upon acceptance of the Agreement, and an additional $90,000.00 deposit to be made on or before September 15, 2013. 23. Paragraph 5 states that any deposits made under the Agreement would be held by "Tax Office or John Pharo/Tim Misner Atty ("Broker")". 24. To date, Mr. Pharo has never received either the $10,000.00 or the $90,000.00 sums promised in the Agreement, nor is the tax office or Attorney Timothy Misner holding any funds on behalf of Mr. Pharo. In fact, Mr. Pharo has received none of the $750,000.00 listed in the alleged Agreement. 25. Accordingly, neither the Agreement itself nor the later dated Note are supported by any actual consideration whatsoever. 26. According to the terms of the alleged Agreement, the purchaser, therefore, was in default on October 15, 2013, the date the alleged Note was filed, not Mr. Pharo. 27. The purchaser should not be able to confess judgment when it is in breach of the Agreement. 28. By October of 2013, Mr. Pharo had decided to name his children as agents under a Power of Attorney in order to help him make decisions and manage his affairs. 29. It is believed and therefore averred, that once Plaintiff learned of that decision, he had convinced Mr. Pharo to sign the alleged Note on October 4, 2013, prior to Mr. Pharo being able to sign the Power of Attorney documents on October 10, 2013. 30. It is further believed and therefore averred that Mr. Pharo did not fully appreciate or understand the nature of the "Note" that he allegedly signed on October 4, 2013, and upon information and belief no required disclosure form was ever signed by Mr. Pharo. 31. Defendant possesses a meritorious defense to Plaintiff's Judgment Note, and it should therefore be opened. WHEREFORE, Defendant, TAMMY SPRECHER, Executrix on Behalf of the Estate of JOHN G. PHARO, Deceased, respectfully request that this Honorable Court strike the judgment entered of record in the above captioned matter for the reasons set forth above, or in the alternative, open the judgment and allow Defendant to pursue their meritorious defenses of this action, and that any and all execution proceedings upon the contested judgment be stayed pending resolution of the Petition to Strike Off / Open Judgment. Dated: May 22, 2014 Respectfully Submitted, IRWIN & McKNIGHT, P.C. Matthew A. Knight, Esquire Supreme Court ID # 93010 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant EXHIBIT "A" Office of the Prothonotary Cumberland County One Courthouse Square Suite 100 Carlisle, PA 17013 (717) 240-6195 DAVID D. BUELL PROTHONOTARY In accordance with Rule 236 of the Pennsylvania Supreme Court, this is to notify you that the following judgment was entered against you in this office. Plaintiff: Timothy Light Defendant: John Pharo Docket Number: 2013-6072 Civil Term David D. Buell, Prothonotary Judgment Note October 3, 2013 13- ‘fl 7� $100,000.00 I seyerally promise to pay $100,000.00 to the order of Timothy Light with interest at 7 °o percent, without any right of setoff whatsoever. And further, I do authorize and empower any attorney of any court of record of Pennsylvania or elsewhere to appear for and to enter judgment against me, or any, in favor of any holder of this note for the above sun" with costs of suit, release of errors, without stay or setting aside of execution, and witfi Soo "' added as a reasonable attorney's fee, and I waive and ase all benefit and relief from any and all appraisement, stay or exemption la of any re now in force or hereafter to be passed. Witn ./. : �. %rte Commonwealth of Pennsylvania County o yumberland is day public, 20„ before no fficer, personally appeared to me ( or satisfactorily proven) to be the person name(s) is/are subs '.ed to the within instrument cknowiedged that he a hey executed the same e purposes therein c ntained. fitness he - of, I ereu set m seal Notary Public (Seal) John Pharo m rrtr > --COMMONWWEALTH OF PENNSYLVANIA NOTARIAL SEAL PAMELA A. SW ITALSKI. Shippensburg, Cumberland Public Bora of Shipp nd County My Commission Expires March 24, 2014 el EXHIBIT "B" Judgment Note October 3, 2013 13- 6D72-71314 <<�, $100,000.00 I se eraliy promise to pay $100,000.00 to the order of Timothy Light with interest at 7 /o percent, without any right of setoff whatsoever. And further, I do authorize and empower any attorney of any court of record of Pennsylvania or elsewhere to appear for and to enter judgment against me, or any, in favor of any holder of this note for the above sures with costs of suit, release of errors, without stay or setting aside of execution, and witlf Soo — added as a reasonable attorney's fee, and I waive and ase all benefit and relief from any and all appraisement, stay or exemption la of any re now i force or hereafter to be passed. r' f/.... Witty %/ls.�.i%_ r".‘Li V4 - /pet . A44. 4a4, N. !ZOQ Commonwealth etPenelglAlaalc CountY (Seal) John Pharo /01 Slaocaa=laciak, glred&c.r1 /? 20.241, berme nib public, nidnicer, personally appeared r� to me ( or satisfactorily proven) to be the person wh•- name(s) Is/are subs to the within Instrument and • nowledged that executed the sins f• - purposes therein teed. 11'11' , , 1 �".. • notary Public r) -r- 431. 5 431.5 b pd 77oo#j e g& 4 e/(qit- e.#-,2-46q, y Ahsc e did ea/ COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Public PAMELA A. SWITALSKI. Ns:mN BM of Shippensburg, Cumberland County My Commission Expires March 24, 2014 l) M Tuv L..seoir J^� Joe t +t d9I'-o Do a....R.rs 13 - 6o12. rubwIVmN`l �.Is t,� .lelreel ; ;eresuo. I. or ` w[, .ge ehl t H• i�i f .l ""S', ail y w me.e: 5 rad L. L. c T Rs 134-71.. euatfCitJ %Root+ \ •eve r •C.0 fller'<WIeONhwi<� W. .41 1. me Seiler .elle .m the Nrtlu<er purchases (34.41 me) ✓In fee elgl< Y 3.7..14 (1I ...- q, refer to to, helve) la fell.. dearleu Many Weed In Cmteae.a.n foamy. heiro lureter d.talted et tot Slat , yell. u mtn.ant s1 L_I [Intl. District ( J w rem.. — Mt Iw reteNs of LI4, , rel._ a m/tfum a GSI re feet eon a lest etm fM req Pa, Farr, qw MuslMuslim!m m r. ) Sala further Muslim! er L (5 +l�o* R+M S+tPocusee.a.i Tom. 172' tact.e . •thereon and all eights em gnnm.10. Caren. velem t here. follesela arsenal ethereisa nehmen cure. w papa. da t • • /nee rr<w/w Also m fetILle f,the .neltMM ante w a. f lam m y reymt. nenmp u' L. osv a./e /Mnr4c.1s Alt C.., o ARTa..nen The Ir he Ruq(Irathe arra. fele. w .1.1lh.ret. meinwten anmel f fere el, Sella, a lolls.. Waller 011d/Of m fulls 1, ntemed eq nfy ? l0 y mat ,. _ ). Mon uff MID Purelmeer nervy e.free.y etudes rl.t ems n.lr l- obteomo. amis. Ion or other mantel lxm gente or 7reental re.trleu3 orge rlellw, ireleni ed (utun, em rata or prohibit the 011 Of nae Mr.fery neer, 1ftgeay) m em y t.. m1er new. n.rder dnmyfa mu the fu the an ae n the Property mita. Mu rental rents. w me restrictions. fel. Agreement le net ein+M mf .,,Ilam, .r ...timed .son rep ea Testeletiens A.1 N nearer als an. [nary t. tes enema Wendel by the anbaser. leather he Seller me Sellers. amt.. e my anal. reeresenteelees am. wan m. notelet.. all peat theProperty t nam .s teewwbe the Pure/mar. SIn . .41101. nice. me cnlwll.,,..,.304 r, f n....e.e .len 17 1 w+•lehesfee.rt nm ullel reale le .m 1 t of Yp.r. T e+fw..0 ea len 1{1....3- I en C.L6c,IL eaglwe el snit Mmes y Se adtlmel1, thele the +1 elwlibto I lbmIsemmn Demers (11GUW- to ate-. of GLR_W mtda tattle oa or .fen Ce.r liri T*J em inillel Iefmlt w smitten. deposit shall hereinafter dee Were. to en the •.pts.• le .pale len m hese y the enter 1a et* veru the thee el final settlement w dymnet I+ monies. q. tee/ego a. the n ol this a ne.ent ata dim o1 settlement •r In atoe.ame .IN op a /rey teeu1N Moran * of deposit yfamenl ul,n. y MN Seller an /uene.o,. Miiuce •1 the I•nwer to w the NOMI.al de77ti1 es ,77111101 fhell omllMte a default harder Ih11 Mfeesenl. Nn1ser Met>I n1Mf17es w direlu the Nin M bit 07 1.11101 Ippon .iNw1 nedellallm denten •. n estrus m Seller • . t. ye e • eesent. nwn ton1. ySeler, Seekershell aWltl use inn Initial dn.. 1. be plasseIn purse es bersin 91.41441. Seller .t • 1. tee. n � 07,enk es r, t Initial Opel. N all M 1.Olnley nuns. o uNe brtMeiro grebe.. Rh The Mos •f the Porches. Ir «, .1 the .77111 W .y getter flnntke, 1411 M Mu ih ugh or certif... al the time •1 a.tllment. �'T"ay op.vlo2 alt. 1. 7007,1. lh, Pratt. enplane Pr. Nan M held q pool �P n,. M es.a.a.•l 7 1-grope•la Inn , In •t • alth?h..., nett IM elm of sentdnt m• Pen in e.lt 1e. tens of this yrenonl. If Oepnit. upn On natant grnat df 1e11r. nonuser, nInterest-Merles e Interne .II I M paid fres Pane the .1 0 ie 'un rn I plot. In •n l.tn ert-luny ndent until til Ah en., pepo1it 11 wither.. le. par., ent m ae.l./• Oat the date of 77,11 u .lh the date on d,IN the depository 11.711, arnsamtedate 7 .IUgra0al .111 he the rote the depnitoy entente the Mptit t• to or r es depend herein. le in a^ r • t. oaf peter r cPat tha ute doe. r Seiler tet the eget n Interest cense. and .ill m further interest n t e a men y for the ot tensa11.1 or Na 4p..itt t/ n fres the Intern •rine amu,t•prl rt toenduMne.nt.. It is the Intra to of the parties lel Interest n the en.. mmity e • .benefit l la 'Yon 104.1.1 M1llu Mmullu in doe mo dan.me.e1 n event • dens. eenln.11n o7 stet •pnaent bend. /m11M, the Int•rttt.111 accrue to to darn cont. to W Manu, O Orestes. herein. me Iyernt daylent one u tatOdtli. •nen tes est. Internal /n®• Serene fora Pd. l B� t I. rl (PgfIKC, [P[l. tlllll prtamt a e2mu o .pre the NrtMnr•• anllits a colo a u/a I. Poo on Institutional 1..71 spun y • rent dm •r Peel of ins the mean 1. to este. n 11 to t eel le cent. bees,. f_4 Per ann. for • eeriid terel nest esters,swedes. ation or he tier •ern ere n nee alen Purchaser a 1IIy nem to tO.Ms days Ins the state of t tioanclne ime0l is anre.m*I. iPurchaser tanner appal • eon e s . r of Innt the Nan .en m by (suet rote In • n. the N1Nuer. *1 07 to • er •. •. . n esl(_li Inleduhdo e cake . e1 •met • u agree.,.l. Nni1yhsni.l et e r are al. urn. 1e • tall, m • n • m ter legal • •1 nano,. • • In •f ee77Ntly parties. helOno . ser 1 tharchner sod neither party nlulllt thereafter ml fmNa 1.111y u M •neer In Ae cent Ya Nnhner shall Pall to • noelo •INin the live pveld. .we ry fintntly, Parchraer. .pre written notice t• required W IOne u Piet Ne (lure, rntiele, pnnly se. Nnlueer Wll presentbylines e•1l,lnlM n feller tet MAa•er.11l M Ale t• Orbre this Apemen) In accordance ...II other tem w minims W M Ole to /n the N7M1e /elm et time al uttlton . Mg ruin by the Nnhuer resulting In t4 dln.lillunm O. lanh•StI fn ,ads a .f a .we, 14.11y n honln 411,4.4. 1.11,1(44, .1(1441 0.1144144, .Inyma•tl>, 44 ly N,e..n In IM 111411 mlitati , 1.11.ft lee li 1., I. len 4116, or oil i11le ler • anew, elm One 411111441 rem One ter. set fere aim. .4.11 em. 1444. deloole w the pert ol the NnM4r w Seller, el Seller. elnilm w yen written 44(41 t• arcane,an (( lven• 1111 pre/wad w amore 9n 4p.11 (wane(wanew .ml emit •111. legal n herein wended. e. 144111 nom, . Pa4a Nnh er .•1114., mane me rn4er the PrwlIm. •1 wrap L. ewer a del• a mitten1.14161 ler !Inanely In0.,1,an.tem .a•. alone •1 n Os no Madly (11,.4 beetle fored. 11 •, the flneoly41,.Sls 4! u4 44.1411 ,N11 4 dec. a Nae dem fell, ant. waived141 end by tee Nr1a.er waned. haver, eat ted tem of the •Ilern4 (nayln a net. wIthout Sellers er coos w n feller •r em tee tin end .r awn the elamly 1,((•444Pall In Myer* a � 4. m WM. If • nor Pen 4 t• he Nllw pursuant a 1411 yresml. the Nr4Nser arta 4 MI .11 en Ins, 1441,1144, but ml limited M. la eriliwtim fees, tumlloent Int, emit raven fen, n wlliutimw N fees whenn ,( fe. .4 -Tars — AI.Pb.o ,. —. iee=1144111•10 4. 5ain.. ISL t01 3.,w w . the 4.1110. Serve 0L Thew.,... I0 • ser l.'an111 934n•94 r.,t Goo nem.• p0 G ✓M,w*l,4o. *lto en9— lL.ynet.li. 10. i1w10.. nor 4 •r 141 atme of u4 4.(.4474. re. —✓ere (144 an. 11. KOS". we lever rewen ees T,w. Ly,+.- 0.er. e.a y Order nyeli. nin 4 wnment w Yam t• r4. 011 Inter • .lerye dee 4services .elnmrdreMem lo the await ww(eel for 1n 1M Only Mn.sil. ere Orly m,ly seltleat 11 hereby winterised w 44e<tw m de.mt ..wryer dee fm the P.n.s et tale end to Seller UM net e. a Ilailwim the Seller,„ er, 1(001(sem to the noter144 oeyl• braerye fn.of Int 1 61 gaeas a tfn ,NII bo aild Footle w setter 41 the 0.• of Seller, 4110(4011 of the 411.40 w settlement .all eel he • cealtlen precedent to fel Oer•. 11.61114 M the Inelerye fee. 1 . .tlitO w Sane HOMO 11 4.M 099.1, f4 111.9 Offal a 114,4 oregano (4.,..I _ , sl 1 • e n err er • < or Mty hit an title In either nen, Monter ...rises •unfa0OM restrictions.• ,let .a I n. 1 to ord wily etcetera. ly fen. we , t. w. lyre mel.,. latter, fees. fees . Seller yne to py •111 than ne dent to <em<Iy • Otte ml set plle.6lms •f the Seller, P¢eW1144t144 hp (.11$44 Sell 4411114 IT LW 9.6414 MIO 01 In SII. <m MONY, I4IML1. IS: O . tan t the • mold Nrthwe Pelee, Seller. Al SOW, 0.19 yens to gamete w d,le •f lien to the Nrea.er• 1111 of sale for ...If to 4 emrem Iwl,1.4 In the 1111 of NO µrde,e Irl<e as her. nveld1 W . poi W NI(I,1mt dee/ foe the Property. 15151.173 erects . 131115L/__________entrant, ane Mr a„ •ru. 11117 N t1. hu•ry, Irl ntel, N he len • N M load *1 .11hsalerilik, free of 11.7. W eSWanea wept as 71,31175 1.7.11 estepts re . reininin. N ROM recta MIN are generally applicable to Ire$olin le lfrt !mediate rynkdml ler culal,lelee In 4111 lM rrylry 11 1ec.1e/, W µ111a/ sec.. 7.177. , err .111 .111I.1N W w •IMr reser,..nue sat N Neer. by n Iap<elen of the In the Noll lb. feller le rNl. 1e Il.e gW W olrdnl•ble title r •lid 11117 as an M Into. b •1)tl4N.11uvN 1111. 111.75. mew , .11h re111a,7 p,177 olt r7. Ih5 de .•µler 1111, Neve.. rete: IM Seller, al Itssem, rc t1. oil. N Nein M defect to a t• male Seller N Ile, goal W rrh$t*1e title hour.µ11 of la.n ay sp I,l peel.51da11 •f the l.r5/•ttr• to n I t en u n a. a•eeN 1. eM Wont of uo MrMser. .n Seller elects u µ .n detects. defeats . title. 1115 n••snt shall 1a111µ. m grin In roll force W effect W uo date of sn MIl N 1.tenle/ for • poled net N ext. slety (5) 1• In n1•ie 5t • .d • are , 11115 51Iera . y .Nin said al.(W) re1Wr INS ,11, W 1, 7.to mteln.e policy 111.111(1407.117.est Property to the b.(It .f tM Mr1L,er by • Nry1W licensee title Insurance 1n•ony. Mmhuer, , e . n W 7µe 71 r m 7.11 t. Sell,,, W eel. o eeltM 11.7.11, ..td tale ,7. u 1 1111• 1. 'Nner can glee ot.ot nb<- Non of the Pt." Pelee r declare chit wN.at null W ,7.1. 1.thIch event the 01$,11 accrete l.1erot therm. 11 pp. ,hall M lreopty returned 1. the Irda.er W Nen •all k .o teethe,.robligatien 5 OW, N u• gene. hereto W Nit Mr1eol.1 Nal. N<: ell and NU aol of no forayer lopel elfect. 17.e n n r• • rare Intention 7111, ere •.Mita, to Insbot the 7,07115 el 117 Pnpenanto�,1 n a central Mating collie, Neon W Noon. , 3.51177. IoNNIng P <, eec,r. tNs ,, cent,' mhoe, eater era Interior oolle. f1o, r lands on`n/r aN1•1.nt (Ine14177three. teeter pmN three. 111hi 37.9.711 itis, of a eWNielr. Mrt lief .111 k glees n,. 1. the cern areas to orlon iph IMpeclin, Nr1Mar is further advised Wt 5 ippecll n ea be loge N 1,11reloe 117 ckrsleeNlu W condi- tions or the ?moot, to include bIt eet 11.114 to an Inspeclln 157 knit. Infestation Wier ether ord.., Insects. Wnmd Iterate tabs. 1.4 point, 147. go. ..bate 17.1.11.115 W/r tnsunt voter Nuntne s a N haemin nt We define/ y federal rN . • Ir. 3.111•Ier4NINc, 11 3171111 ,51 1monln(•) .t <, specified In a NINaa .11511* hee1e W lorerter .< ttttt Net 715 Ineer).1 W 1111/ yea ere 7.1 reaanlac. tae del.,. r •M comilllen al N. .N t u 1.: Ise u1.le1 ,117.1 _ )Mechh.• e auNal Nora n rt.rl1.0..sa:Ne,uatS a e.W51j)Mrea,•1•,1.1.1N4 r • 5 ole glum to Nrtaeser N Ne e el eettleoent. nen Seller er 1. shall tail give p 7.5Nes a , Seller ll be deo. • I7. effe .7 a 77. 1.MaerW Ilelle ler ell torsos ...onto. r teller, (allure to deliver µ1.7••1•n. Nile krey niers .11 7.1117 I• roll at p7.•i5, by IN Ir, •I the SUN of . 16. S99II4e0 2777.f1/1S. 111 melee of violet. of asters or 001rsntl .lel or Y.. h M Sdenl, s • e, MAN a tact 01herity. eeelJlp eminent (cele prete.INS, w Kslms le y mol Pmt Mgr.,, Apo, or effectingtM Property .I IN d•0 of Settle.., shell te as plied .'d y the Seller a. IM Perm, Pang. cru N 7Seer theronl. 11. 0.711 1011., al the temof settlementr •y (.hldnu r n !Intl Seller `Ie. e I.er 94I aoaltt re apweezal eweeditios a n u the e of I ynnnt. le Addition MMOber 7,771714 Inu.tl71 PO.! fee. tel e10004, t e Parebsser, tepen reeterlabla v e Seller. shell have e w (1) Pr•.Ie01.0 a t7. e • Pr... st l >t amt. -ton 1771 Men prlw u alttleant or wyaP (dtd. ever actors Ierste to Otte/sent Nil de Millen of de Peeper. Is tobsteallally eN .p M. - O. es existed the date 0 this Mrternt. aaaaa es expressly to In IMP Aon.... Do vane warn.. have be. •Ade yIN Sella, the boater e! bro4er 1 Nolte. or reti. upon by On Ip. AS .w IIbu4KF. IM Proper. Inteler. It to M MIP •e the reel e1 • Seller tel legal title Ns pee+. or paleulon her Yen peen to Nrcheser. If pr. lethe Ila Niee tl .. Anel 0 • .1167 M1 Nn plan a Purdue,. ell ora 1.104.1 partof the Pager. I4 Ito r deemed. • eon en Ib. Metres., et tM eat. of the porde t Mobe 011 Id a r eon a 1 e e feet. s r ro u eon y enter Ito N Oha�r. • s* Went.. Nee. I e Selleril. 1 1medeuely here ell of the naur pelltin en the Property oneen. u • •! • n •s ! • arts! sap 947. shell t7.lhwe sod Inuwue In (me duel. the l•ry of !hes ...wt. heIn nn It 1 e eta y the Nrchepr that m. roper. ee .r. y de seller, tde ...weer deplete the rieht at ...met .tion N epene^0 obtain tude insurance. or 0.0 tional Intone.et• tr • • Perd•eer. p IS nut UN, Nt KWIK NhKp 000/01Kpp le.tutl` ApMMUS 1GIIS p PAI N WE. It. AOPYS111003. blot, pro. rent. water roe . and .mer •r ssIf any, shell be 000.ales tl • ale Sate of l se II00, ales, pnK.l wen. 4peeeees .. All .the! SOlit • p0rw e2Ml chargesur or eeeeate epees. In. Peeperly Mid art or eel N pall. n 0 awwl Mtl4 (I11001es Plslrlel Sn •p 1010 eon ether benefit .gnn .onurcn .gee, • rote, 11. 4f .re for sewer, r, Ir.Inpe, pa.., .1 ether pplie 1g1ermn14 caplet. or 7 774. n or area 0 he Pete hereof, v •r Subsequent !hereto) ale e be •djated W .pe.1n. el •f me dere of tettleaat ehei ere aAd ell thereelter by M0h.494, whether •neasr.al her• been levied or rot es el the Pete 0 eettln, if spell... the lulelintr 60e..lelete that IM Prater. Is aoynl ton malel prem ren In the rout of N/d Dollen fl ) pe e e ate ef 00, IS__) _ thee. t per the qt.. t . ale In pn e eee m 0,71 rev • pe nt epeeist the pew. rest teopen the rpt W leeettlon of the wuw . ...It e! .. de reversionary neer e! I rare Mor sen the row ton Inter•, mean. Iry the lle.e. • II. VeriteSI. MM. m . pan o0 Nrt7,ler td 179171111. Um, meal•, . 1141110., of Nle yremnt shalt roast.. • lelault . forfeits. al tM MposIt and Shell allele IM (eller e• renin Opt Deposit =11 y b.yter . e• portae auN *Mar Hobo . rade. n 1,7 M 1,.111,1• Irmiehre,Itbul 11.11.1 7.,u a,Un for m f performance Of Nit N,eshn1 .lar .1,71017 • Ilam. •rises bets= the part. t• Ne nnsectln as a he Iltpotitln •f the Molt. the rc M1es7 tn. Deposit stall (I) MU Inds until the .ter receives • lltmllln •f a 17 Miler are. •limas ntp Ne 11•pnlllm Of N• 70711., or It) held One hel such din •s rte a7 Um parties to NI. 7.set files stilt. the as n In =IN e tut it en dishumeoent of these hods, r (3) Lt 3.7 0. aces into the cant 07 fllino on =elms of interpleeder. In the heal he ypollt in .UIn. y the Seller as llwlnttl 07.7x, Seller shall r7 ed Ireter .7e 11 (IR) thereof at mogetlm In hltfher 477)1110.4.10a heel to eeceed em cant 7700) to eu er. R erre in the hue esatomcher s raffles nuNliquidated dh7es (h.. hellbeMie the full heeler7e feet he drunker Ira the acme tole or If tech Mots ere Intufllelent the =thee shall he Mie y Setlrc. it. apt1 L1Nllln. It es h y ane . agreed e 71=dent.ed Seller and Irththe.er that r M er, U gm.. Its v ghees, ase•/11th or partner of the Shier, M any aoporotl, butt, t• • inns and agent,.u47ntgq rcr• err c Ilny t.er, a m s a in M event Iya hle Other Sor t ee • er palvalor the perform. of w tenor minion •I Nle 0.,eme: 7r nqn Ter he m hrfam=e Nem/, nor be.resprossible . IM ta.ntst or =Mitten •f . Imports. Neer Soller Indentani. 7 ... Nat pater . hl Nati er .)epee! al drvter a. nat. mere not at I , 0011.111(00hie any mmesteslos gash ID, y.eaat or the Properly ata then I II• • n. atq homer gl7m al haler Ie a reshot...1h for he4•411)101 al Ne 7.poe17 f7 ins 711001.1,4. el NIS 73.1071 y or all =miss hes..he t7 ohhohost., 7. es b..e at q •t Purchaser not n all ..07 each ad any Tat, ...sha s. •e 7017707 •r.ber ehres me of er hole un Mem mar art n n • e Dom , .hour. Sn er a amu a mea Sn ant elect.. r . . o •f neper 1r1001,tl •17 till of IMagl.br, . erten ela e . Seller. Jointly overalls. •h• y . hold he Mier heelless tram are . ell elites, 1gMs. 0hpea er helm,. 71710(77 •h Seller further rt11 Mal a hooch so a return or disposition of OmDeposit shell conclusive, • n ) e t r or %Mate he Seller shall 'V.v'V.v..a, e mrm. t• hle diamltlm of deposit7.uent euthwUlnp the urn or othereltpalllm of he Dem111• se ahe heal er heh 01.1. oroon .ren by Ue eater ea cele an action al Inter/le., at bar. tly ble eter, 7 On 0,7,1tlatln all SpJ ttretin amaer he lailt= .rhlatemeel • el soh Ina7l.er action Inehllnp put rat Malted to !1117 lea, me , service •I pretest .1 • 7 e • e n asuch fees hl r . M M rein la dMeted hep 01=0)74 y tnl=Sfro* tM demi, en,. prior to lava 7 171101)101101,0111.701111,041,4.147 Furth ner's Initl•1 .G/ Seller.. Initials l • Met the Xe IXtterle0er .11m. ...see W Seller further gm W 'Wm./ .0 rre tbt •li uNfm m6 (0410 4o deducted shell M t1. 01,0110 Oreyery of th, •,ler W aty M O....ftar utel ler th.lutF, hemlit or 11. •elm. 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I /a. • •I 8 yaps 0.4 1,11 vsl 11/11/P el In. Ilnitlahh Ass.... of WOO. .1 Is Ilse Pr., of the VERIFICATION The foregoing document is based upon information which has been gathered by counsel and ourselves in the preparation of this action. ie have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Ja_,-)-) if/ TAMMY SP CHER Executrix of the Estate of John G. Pharo, deceased Date: 5 aA ^ P-/ CERTIFICATE OF SERVICE I, Matthew A. McKnight, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Date: May 23, 2014 Timothy Light 114 N. Pitt St. Carlisle, PA 17013 IRWIN & McKNIGHT, P.C. Matthew A. Knight, Esquire Supreme Cou D # 93010 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant TIMOTHY LIGHT, Plaintiff, v. TAMMY SPRECHER, EXECUTRIX, on Behalf of the ESTATE OF JOHN, G. PHARO, Deceased, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2013 — 6072 CIVIL TERM-, rna� at` r.„) -.) CIVIL ACTION PRAECIPE TO ENTER APPEARANCE To David D. Buell, Prothonotary: Please enter my appearance on behalf of the Defendant, Tammy Sprecher, Executrix on Behalf of the Estate of John G. Pharo, Deceased, in the above captioned case. Respectfully Submitted, IRWIN & McKNIGHT, P.C. Matthew A. McKnight, Esquire Supreme Court I.D. No. 93010 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: May 23, 2014 CERTIFICATE OF SERVICE I, Matthew A. McKnight, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Date: May 23, 2014 Timothy Light 114 N. Pitt St. Carlisle, PA 17013 IRWIN & McKNIGHT, P.C. Matthew 'I1M ight, Esquire Supreme Court ID # 93010 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant TIMOTHY LIGHT, v. JOHN G. PHARO Plaintiff, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA:_ c� �_, -,; . = : --I . NO. 2013 — 6072 CIVIL TE1 . rn .„ v3 , CIVIL ACTION w CD 'f1 -' C) r. : - �_ CD L-,• NOTICE OF DEATH AND VOLUNTARY SUBSTITUTION OF TAMMY SPRECHER, EXECUTRIX OF THE ESTATE OF JOHN G. PHARO, DECEASED - �q C 1. The death of John G. Pharo, a party to the above action, on October 27, 2013, during the pendency of this action is noted upon the record. 2. I, Tammy Sprecher, Executrix of the Estate of John G. Pharo, deceased, am the successor in interest of John G. Pharo, deceased, who is the Defendant herein, and desire to substitute myself for John G. Pharo, deceased, as Defendant herein. 3. The material facts on which my succession and substitution is based are as follows: On November 18, 2013, I was granted letters testamentary and appointed Executrix, by the Register of Wills in and for Cumberland County pursuant to a Will executed by John G. Pharo, deceased. 4. I do hereby voluntarily substitute myself as Defendant herein in the place and stead of John G. Pharo, deceased. Respectfully Submitted, JO ,, Tammy Sprecher, Executrix of the Estate of John G. Pharo, deceased 6 North High Street Newburg, PA 17240 Date: May 22, 2014 CERTIFICATE OF SERVICE I, Matthew A. McKnight, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Date: May 23, 2014 Timothy Light 114 N. Pitt St. Carlisle, PA 17013 IRWIN & McKNIGHT, P.C. Matthe ' . McKnight, Esquire Suprem- ourt ID # 93010 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant TIMOTHY LIGHT, : IN THE COURT OF COMMON PLEAS OF Plaintiff, v. TAMMY SPRECHER, EXECUTRIX, on Behalf of the ESTATE OF JOHN, G. PHARO, Deceased, : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2013 — 6072 CIVIL TERM CIVIL ACTION Defendant. . RULE TO SHOW CAUSE AND NOW, this 3c71ay of , 2014, upon consideration of the foregoing Petition to Strike Off / Open Judgment, it is hereby ORDERED that: 1. a rule is issued upon the Plaintiff to show cause why the Defendant is not entitled to the relief requested; and 2. the Plaintiff shall file an answer to the Petition within20 days of service upon the Plaintiff C\1 U cc W L) Tho as A. PiaceJudge Common Pleas TIMOTHY LIGHT, v. : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSY-LVSANIA. • NO. 2013 — 6072 CIVIL TE TAMMY SPRECHER, EXECUTRIX, CIVIL ACTION .< on Behalf of the ESTATE OF JOHN, = c G. PHARO, Deceased, cT. Defendant. : .C,:. c;-? DEFENDANTS' MOTION TO MAKE RULE ABSOLUTE UPON PLAINTIFF''S FAILURE TO ANSWER f r - AND NOW this 11th day of July, 2014, comes Defendant, TAMMY SPRECHER, Executrix of the Estate of JOHN G. PHARO, Deceased, by and through their attorneys, Irwin & McKnight, P.C., and respectfully moves this Court to make absolute the rule to show cause which was issued in the above -captioned matter on May 30, 2014, and in support states the following: 1. Defendant filed a petition to strike off / open confession of judgment on May 23, 2014. 2. On May 30, 2014, this Court issued a rule on Plaintiff to show cause why the judgment should not be stricken / opened, returnable twenty (20) days from service upon Plaintiff. 3. On or about June 11, 2014, Defendant's counsel, upon discovering that Plaintiff has a residential address of 13318 Maugansville Rd., Hagerstown, MD 21740, caused a copy of - the petition and rule to be served on Plaintiff at his residential address by regular mail. A copy of the transmittal letter is attached as Exhibit "A". 4. On or about June 19, 2014, Plaintiff contacted Defendant's counsel and acknowledged receipt of the petition and rule. 5. Plaintiff has failed to answer Defendant's petition to date. WHEREFORE, Defendant, TAMMY SPRECHER, Executrix on Behalf of the Estate of JOHN G. PHARO, Deceased, respectfully request that this Honorable Court make the rule to show cause absolute and grant the petition to strike the judgment entered of record in the above captioned matter. Dated: July 11, 2014 Respectfully Submitted, IRWIN & McKNIGHT, P.C. Matthew cKnight, Esquire Supreme ourt ID # 93010 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant LAW OFFICES IRWIN & McKNIGHT, P.C. WEST POMFRET PROFESSIONAL BUILDING MARCUS A. McRNIGHT, III 60 WEST POMFRET STREET HAROLD S IRWIN (1925-1977) DOUGLAS G. MILLER CARLISLE, PENNSYLVANIA 17013-3222 HAROLD S. IRWIN, JR (1954-1986) MATTHEW A. McKNIGHT IRWIN IRWIN & IRWIN (1956-1986) (717) 249-2353 IRWIN, IRWIN & McKNIGHT (1986-1994) Of Counsel: FAX (717) 249-6354 IRWIN, McKNIGHT & HUGHES (1994-2003) STEPHEN L BLOOM WINWIRWINMCKNIGHT.COM IRFVIN & McKA7GHT (2003-2008) June 11, 2014 TIMOTHY LIGHT 13318 MAUGANSVILLE RD. HAGERSTOWN, MD 21740 RE: THE ESTATE OF JOHN G. PHARO Dear Mr. Light: Enclosed please find the Notice of Death and Voluntary Substitution, Praecipe to Enter Appearance and a Petition to Open or Strike Judgment for the above referenced estate mailed to your address of record, 114 N. Pitt St., Carlisle, PA 17013, on May 23, 2014. Also enclosed is a copy of the Rule To Show Cause issued by Common Pleas Judge, Thomas A. Placey, on May 30, 2014. If you have any questions regarding this matter, please do not hesitate to contact me. Very truly yours, IRWIN & McKNIGHT, P.C. MAM/ksn Enclosures VERIFICATION The foregoing document on behalf of the Defendant is based upon information which has been gathered by counsel for the Defendant in the preparation of this document. The statements made in this document are true and correct to the best of the counsel's knowledge, information and belief. The Defendant's verification cannot be obtained within the time allowed for filing the pleading. The undersigned is therefore verifying on behalf of the Defendant according to 42 Pa.C.S.A. § 1024(c)(2). The undersigned understands that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. MatthewMcKnight, Esquire Date: July 11, 2014 CERTIFICATE OF SERVICE I, Matthew A. McKnight, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: Date: July 11, 2014 Timothy Light 13318 Maugansville Rd Hagerstown, MD 21740 IRWIN & McKNIGHT, P.C. Matthew A. Knight, Esquire Supreme Court ID # 93010 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendant TIMOTHY LIGHT, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. TAMMY SPRECHER, EXECUTRIX, on Behalf of the ESTATE OF JOHN, • G. PHARO, Deceased, Defendant. . ORDER 0 AND NOW, this 10day of NO. 2013 — 6072 CIVIL TERM CIVIL ACTION COURT , 2014, upon consideration of Defendant's motion, it is hereby ORDERED that the rule which was issued on Plaintiff in the above captioned matter on May 30, 2014, to show cause why the judgment should not be stricken or opened, is made absolute, and that the judgment of October 15, 2013, in the above captioned matter is stricken. Thomas A. Placey Common Pleas Judge /72.1*Lci_ ,�gt,-- /f0y L_7,r),) J. SCD