HomeMy WebLinkAbout06-3842
1/
RONALD KIPPS
Plaintiff,
v.
FRANK FILIPPELLI, PATTI
FILIPPELLI, and JAMES P. HARBER,
Defendants
1-
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
: NO. en. .3 'i'l.2. CML TERM
: CONFESSION OF JUDGMENT
PRAECIPE FOR CONFESSION OF JUDGMENT
TO THE PROTHONOTARY:
Pursuant to the authority contained in the warrant of attorney, the original or a
copy of which is attached to the complaint filed in this action, I appear for the
defendants and confess judgment in favor of the plaintiff and against defendants as
follows:
a.
b.
c.
d.
e.
Principal
Interest to
Late charges
Attorney's fees
Taxes
TOTAL AMOUNT:
"7 p.1 D("
Date
$59,000.00
$ 00.00
$ 300.00
$ 00.00
$ 4,803.58
$64,103.58
Respectfully Submitted
TURO LAW OFFICES
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RONALD KIPPS
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 06- 3S'f:J..
CIVIL TERM
FRANK FILIPPELLI, PATTI : CONFESSION OF JUDGMENT
FILIPPELLI, and JAMES P. HARBER,
Defendants
COMPLAINT
AND NOW COMES the Plaintiff, Ronald Kipps, by and through his attorney,
James M. Robinson, Esquire, TURO LAW OFFICES and bring forth this complaint
against defendants, Frank Filippelli, Patti Filippelli and James P. Harber, and does
respectfully represent the following:
1. Plaintiff, Ronald Kipps, resides at RR #1, Box 80K, Uniondale, Pennsylvania
18470 and is the owner of property located at 4904 East Trindle Road, Hampden
Township, Cumberland County, Pennsylvania, (the "Property").
2. Defendants, Frank Filippelli and Patti Filippelli are husband and wife whose last
known address is 430 Evergreen Road, New Bloomfield, Perry County, Pennsylvania
17068.
3. Defendant James P. Harber is an adult individual whose last known address is
728 Ferris Way, Hershey, Dauphin County, Pennsylvania 17033.
4. Plaintiff and Defendants executed a Lease, (hereinafter the "Lease"), dated
January 18, 2006 wherein they rented the Property from Plaintiff for a five (5) year term
with monthly rental of $1,000.00 to begin on March 1, 2006. A true and correct copy is
attached hereto as Exhibit "A".
5. Paragraph 1 of the Lease states that Defendants will use the property as offices
for Real Life Housing Property Services and for no other purposes.
6. This judgment is not being entered in connection with a consumer credit
transaction.
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7. There have been no assignments of this Lease.
8. No prior judgment has been entered on this Lease in any jurisdiction.
9. Defendants have not paid rent beyond March 31, 2006, nor have they paid real
estate taxes as required by Paragraph 11 of the Lease. Both actions constitute events
of default.
10. Plaintiff is terminating Lease and requiring all rent due for the term thereof as
provided for in Paragraph 2 of the Lease,
11. Paragraph 14 of the Lease contains a warrant authorizing any attorney to
confess judgment against the Defendants.
12. The amount currently due is:
a. Principal
b. Interest to
c. Late charges
d. Attorney's fees
e. Taxes
TOTAL AMOUNT:
$59,000.00
$ 00.00
$ 300.00
$ 00.00
$ 4,803.58
$64,103.58
WHEREFORE, Plaintiff, Ronald Kipps, requests that judgment in the amount of
$64,103.58 be entered in his favor and against Defendants as permitted by the warrant
contained in the attached Lease.
,b-Io(p
Date
Respectfully Submitted
TURO LAW OFFICES
_~.~-~7-~OG~ ~4:17 AM
P.B2
I certify this t6 be a
true and cor ct copy.
,
LEASE
TBIS AGREEMENT. made thi, IS111 day of JIIIIUII'Y,2006, between Ronald Kipp'.
W t Box SOK Unionclale, Pennaylvlllli. 18470 hereinafter ca1led Lenor, lll1d l\ea1 Life
HoU8ina Property Servicea Hereinafter ca1led Lesaee, Wfl'NESSnBl That Lessor lets
unto Leaee tho bac:It buildiDs located at 4904 But Trindlo .Road, Mecblnic.tburg,
Pemmytvama 170SS for tho term offlve (S) years to bealn on tile 1- ofMan:h , 2006 at the
rate ofSl2,OOO.oo
the lint yeII', payable without lIlY previous demand th... dn e, in equallllOllthly payments
of $1,000.00 in advance on the flrat day or each IIIOIIth by lint cIua mall. and the
further IllIIt of III other IUlIlI wblch may beoome due by teuee under covenamf, tomlJ and
condltlolll ofthi,leue, at tile office of tile LeaBOI', or at such other place .,lIIIid LeIIOr
may in writins &om time to time direct. Rent to besin 18 Man:h ,2006. The above
lettUig il aubjoa to tllo fbDowlns covenant., terms and cond!tiona:
USE AND ASSIGNMENT
1. let_ I8J'eeI tbat it will Dot uaign this lease nor sublet the laid preml_ or any part
thereo( and wID IdClIlld occupy the IIIIMl of:llcea for Real Ute HOUIinS Property Servlcea
and fur no other JlUl'POIO without the written COIIIClIlt ofLelllOr first had and obtained; it
bolng aareed that lIlY IeYy or lIIe or execution or other Jep1 procell agaIIIat Leuee, or
any _sllment or banlauptcy proceedJnaI or appointment of a receiver or lnllOivency or
Iegee, may at the option ofLouor be deemed and taken to be 11II Ulipment wlthln the
meaning ofthil1ease; nor sbaII Lessee Il1IllIlticture any commodlty, nor prepare or
dilpellll foocIa or beveraps therein. nor do or permit Iltything to be done in aid premi_
or in any part of uld building, nor bring or keep anyd!i1l8 therein which wID in anyway
inorease the rate of tire inaunaK:e over that for IlUCh . buiIdins u'" llltclullively for ollice
purpoIllI, or avoid or suapend pollclea ofBre inaurance on laid building, or on property
kept tberein, or which will conflict with the law, or police or fire department or Board or
Fire UnderwriteR' regu!atlolll relating to flrea, or with lIlY of the 1\IIea and reauJatiODl of
the Board ofHea1th, nor wID the LeI_ allow lIIIid premlsel or any part tbereofto be
oceupled by any other penon thIIII LlltIOe or \euee', employeea without the written
conaent ofLeuor endonecl hereon.
REMEDIES FOR NONPAYMENT OF RENT
2. Leaee will pay the lIIIid specit1ed rent, or any other ch8racs payable u rent, anhe time
IIIId in the manner above provided, and aD damages, COltS, and charps in this 1eue
provided for, and In the ClIO or nonpayment of lIIIid rent, damages, collt8, and chargee, if
any or in cue the leeaed pmnlaea shall be deterted or vacated, Leuor may entel' the lIIlle
either by force or otberwllo, without being liable to any prollOl:Utlon or action therefor,
IIIId may dIetraln not only tOr the IJ*lfic rent above mentioned, but also for all damapa,
coat. and any other chlltges payable II rent in WI lease mentioned and provided for with
_ _... ... __ ....._vo- v~;.1 f AM
the Slll1Ie force and eftllct as if the same were a diltrell for rent in arrear, and a110 may rent
the _ ~ u agent ofLeswee for any unexpired portion of the term, and receive
tho rent tbof.d'tn. IfLeseee sbII~ at any time during tho continuance otthialease, attempt
to remove the aood and chattela out of Of otfttom &aid pmniau without havina paid and
sadafied the uicl Leaaor in 1b1l for all rent which sha11 become due durinS the term of thla
lease, or iftbe Leuee il IIOld out by any tale under proceaa of law, then in lIlY such cue
the whole rIlI1t for the whole term. of thil Ieue, or any contbNation thoreo( sbaIJ be taken
to be due ud payable ftlrthwith, and the Slid LellOr may proceed to distrain for and
collect the whole in the ume awmer .. if, by tbe CODditiOlll ofthia 1_, the rent for tbe
whole term, or lIlY continuation thereof. were payable In advanco, any law, UIIP or
custom to the contrIIy notwithaUnding. Leuee abo .,... that 111 property on tbe said
premiaea ahaII be llIbIe to diatteA for rent, and for laid damapa, costa, and any other
charsel payable II rem. Leaee hereby waivins the benelk ofalllawl made, or to be
IIII1de, exemptins property ftom levy and sale, either on dlstreu for eald rent, damqea.
com ud any other charsea plylble II rIlI1t, or on ajudsment for IlIid rent, daIntsea. co.a
and any other cIIarpa payable II rent, or for breach of any other conditions herein
cootaiJJed.
REPAIRS AND IMPROVEMENTS
3. Lenee wII~ .dwiDa the term and all continuationl thereof, keep, and at the expiration
thereof peIClIIbly sumnder pollllSllon at; Aid premilCll in .. sood ordlll' and condition II
tho same now life, reeeonable wear and tell' and damage by fire or other cuualty not
occurrins throuah Leaaee' allllSfigence excopted, and will at tho elqlIratIon of said term, or
any contlnuatIon tbereof, deUver the keya at the office of said Lwor. Leseee lIhaII not
make any a!terItiolla, addltiOlll, or improwmentl without Ie8aor'l writt. coll&ent
endoned hereon, and all alterations, additions or lmprovemonta made by either of tbe
petties hereto upon the premlses, ~ mowable and detached office furniture put in at
Lessee's expense!lhall be the property ofLenor, and shall remain upon and be
aurrenderecI with the premi-. II a part thereof. at the termination of'tbisleue, without
mol(llltatlon or~. Leuee shall make aU required non-ltnIcturaI repairs to the Aid
premises wbich inc1lldea but ia not limited to: painting, e1ectrlcal, hoatina. air conditioning,
plumbin& IIIKI Will.
GENERAL UPKEEP
4. Leasee &hall maintain ita lawn and shrubbery in a neat and orderly condition and shaI1
keep the sideMlks ud parkln,lot adjoining the Demised Premises clean and he ft'om
rubbish, IIlIOW ud ice. Lessee Iha1lstore all trash and garbage within the Demised
Prem/1ClI and ahaII arrange for the fIl8Ular pick up of truh and gerbase. Le8aee sbal1 not
bum any trash of any kind in or about the building nor shall Lessee permit rubb/ab, refulle,
or glib. to accumulate or fire ha7.Ird to exist about the demised premillll. Leuee Is
1'eSpOI1sible for cleaning and maintenance of rain guttera.
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FIRE
5. If durins the term of this Ieae, the buiIdina ia 10 injured by fire or other cuualty not
0CCIII1'ins throuah the nesJipnce of Lessee or thoae clalmlna UJlder Leuee, or their
employeell rapeGtiveIy, that the demised premilllltl are rendered wllolly UDtlt for OCCUplDC)'
and said danised premilltJl CIIIIIOt be repaired within sixty dJya ftoom the bappenina of
such iDjury, then the Ieue BbIIl celie and determine &om the date of Nch injury. In suab
cue Leu. abaII pay the rent apportioned to the time of the iDjury and sballlmmectiltely
surrender tho leued premllea to Leasor, who may enter upon and reposaea. tho same. If
such InJury C8II be repaired wltblD sixty days thereafter. LeIIor may enter and repair, and
this 1_ BhIII not be aft'ectecI, elIcept tIIIt tile rent shall be apportioned aDd su.spended
while BUch repairllII'CI beIna lIIIde. If the B8id demiIed BIlIIl be 10 IIIahtIy II\lured by fire
or other cuualty u afumaid la not to be rendered unfit for IX1CIIpaIKl)', Lessor asreed that
the same IbaIl be repaired with reuonablo promptitude, in which cue the rent eccroed or
&llC1Uins lhaIl not be apportioned or 8QSponded.
UTILITIES
6. Lessee IbIII pay all ellalpI for utilities, including septic pumping or sewer charaee.
HeatIns and air conditiOlling shaI1 be maintained by Leuee, with receipts forwarded to
Leasor.
ADDITIONAL RENT
7. TClllIl1t... to pay to landlord as additional Tent, all increue or increuoa in fire
inaurmce promiuma upon the demlled premises and/or bul1din8 ofwbich the demlaed
premilellll'Cl a pI11, duo to an increase in the rate offlre inBuranco by virtue oftenaJlt'l
occupancy.
LATE PAYMENT OF RENT
8. In the event that tho Leaaee &ils to pay any base rent or additiorll1 rent I. herein above
stated 'WithiD ten (10) days of the due date, in that event the Lessee sha1I also pay to the
Lessor as extra rent that II1ID of lOOA. of the monthly bale rent due and owiDs. ArrJ IlXU'a
rent due 1 ellor hereunder shall become due and payable coJlllllOlllilll on the tenth day
following the day the blllO rent and additional rent is due. Tho tlli1ure on the part of the
Losaee to pay extra rent when due, shall be deemed 1UI Event of Def8uIt on the part of the
Leuee.
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LIABILITY FOR DAMAGES
9. lMIor thall not be liable for any damage to any property at any time In said premia or
building ftom water, rain, or BIlOW, which may leU into, IIIUO or flow from any part of
said buildins, or ftom tanks, pipes or p\untblDa work of the same. or ftom any other pi_
or quarter, nor Ihallleuor be lithle in Illy cIIim to dImIpt, by reason ofineonvenience
or interruption to bulineu ariJins from the maJcina of additions, I1terat!oll8, Dr repaire to
said "uildit1& or illy part thereor. or to the mllllhinery, fixtures or appurtOllUlClI8 therein.
Les.ee ..... to maintain in force and etTect a liIbiIity inlut'811Ce policy in such unount
and iwed by such comPIlly as leeeor shall approve.
ACCIDENTS
10. Lee_ ehaIl aM to lauor prompt written notice ofany accidents to, or defect. in, the
water pipes, ps pipes, electrio wires, or heatill8 apparatu.. Lessor shall not be
responsible for any in,jury or c\unIge that may happen to the peI'I01I or aooda oeL.... or
those ~11hnh!a under Leuee. or their employees, either on the e1evator1, corridors, or
s1a1rways. or ill or about the buUdlll8 caused by contact with the handIlna or llOcident. to
or breakap of any of the machinery or ftxtures ammectod with tbe buiIdInR or ftom any
other CIU8e.
REAL ESTATE TAXES
11. Tenant agrees to pay landlord as additional rent III county, IChool diltrlet, and
municipal raI _ate taxes uHsslld upon the demised premises within thirty day. of
prellCllll,.ent by Lessor to Lessee ofa copy of the bill for 1I8/IlI.
RENEWAL OF TERMS
12. UlIIeta either party hereto shaI1 alve to the other written notice fur removal at least
three months prior to the end of said term, thi. lea" shall contlnue, upon the terms aDd
conditlolll then enforced, fur a fbrther period of 01\0 year, and so on tom year to year
UIIIiI terminated by either party hereto &Ivins to the other at least three month. written
notice fur removal prior to the expiration of the then current term.
MODIFICATION OF TERMS
13. The term. and condltiOlll of thi. lease abalI not be modified or changed in any way
except by written notioe given by Lessor as aforesaid, or by wrltina endoned hereon
aianed by Leaor; provided however that no notice given by Lcasee or any penon clalmIns
under Leuee ehaIl be withdrawn without the written consent ofLeasor. IfLeuee fall. to
surrender poNeUlon of the demised premia at the expiration OrallY current term after
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having slven the notice required hereunder, Lessor may, at the option ofLllll8Or, treat such
notice as withdrawn by Lessee with the written conlellt ofLeuor.
REMEDIES OF LESSOR
14. It is further aareed that the uid specified rent, further rent as above provided, costl or
any other cbqea payable as rent sbaU at any time be an Itl'earI and unJllld, or uid LeaaM
or those c1almIna under Lellee, shall fail to keep or comply with any other of the
covenllltl, term and condItlODl of this lease durIna the uid term, or any aubleqUOllt term,
or with any notice given under the terml hereot: tbillcue may, at the option ofLeuor, be
forthwith termiIIated and become absolutely null and void without any rIaht on the part of
Leuee, or those c1aimina under Lessee, to reinstate the same by payment or other
performance of the conditiOlll violated thereupon any attorney may Immediately therefor
by thereafter II attorney fur Lessee, or for those cllimlna under Lessee, at the request of
tenor, enter in any competent Court an amicable action and CODfeuion of judsment in
ejectment of any term then put or present ( without any stap of lllleCUtion) IgIiJIIt
Lesaee and .u pel'IOIII cIaimIDa under Leatee, for the recovery by Leuor of poaeuion of
the hereby demised ptem1_ and COlt, without and liability on the pII1 ofLeuor or oftbe
said attorney, fur which this sbaU be a sufficient warrant, and ill Ulte mamer such attorney
may, as attorney for Lessee or those clalmlns under Lessee, at the request ofLeuor, enter
in any competent court an amicable action and confenion of judtpMllt fur .u rent and
other cbargeI due, or which may at any time become due under the tennlI of tbillease, or
any continuation thereofand so ltom time to time as often as any of uid rent or other
charges .. aforeaald IhaII fill or become due or be an arrears or treated as if an UTeII'I
under the terms hereo( without any liability on the part oethe laid LollOJ' or oethe said
attorney, tbr which this shall be .lUftJclent warrant, and upon confeHion of such
jwtpnent or judameml respectively, ifLeIlOl' 10 desires, a writ ofpouesllion may i_
forthwith without any prior proceeding wllatloever, and a writ of lllteCUtion on said
jucJsment fur rent and other charall8 may ioue forthwith for the recovery of said judsmemt
for rent and other charges, and 10 from time to time as often as any breaclt of the term.
and conditiODl ofthlt 1eue sbaU occur; and provided that if any reason, after such
amicable action and confeuion of judtpMllt in ejectment hat commenced, the wne sbaU
be determlnod and the poueuion oethe PrenUHI hereby demised remain in or be restored
to the Lessee, the LIlIIIOI' shall have the risht in any lIUbsequent detBult or default. to bring
one or more further IlDicable actiolll in the manner and form as hereinbefore set forth, to
recover potr"8liOlll of said premises fur lOch SIIbsequent default. No determination of
thialeue, nor taking. recovering pOlseslion oethe premises, shall deprive Lessor of any
other remedy or action against Lessee or those claiming under Leaaee, for POI-On, Dr
for rent, d....se.. costl or any other charges payable as rent, nor shall the bringing of any
such action for rent, damaaes, COItl Dr any other charilll payable as rent, or any distress
or suit for rent, d""'88"', cost.. or any other charses, payable as rent, prevent Lessor &om
proceeding to recover possession on . breach of any of the terml and conditionl hereof.
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JUN-27-2006 09:12 PM
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VERBAL AGREEMENT
15. It is hereby mutually agreed and undcmood that this 1_ contains all agreements,
promiset and understandings between Lessor and u.- and that there are 110 verbal or
oral agreements, promises or undentandinss of any kind or nature and that no verbal or
oral agreements, promises or understlUldings 8ha11 be binding upon either teSIlOl' or Lessee
in lUIY dispute, controversy or proceeding at law.
SECURITY DEPOSIT
16. Lessee asrees to pay a security deposit of $2,000.00
at the time of signing of this lease. Leesee asrees that said security deposit will be used
only for damage8 to the premises lUId may not be applied by Lwee to any rent or owing.
IN WITNESS WHEREOF. the said parties have hereunto set their hands lUId seals the
day and year ~ ..........,
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'IE (Soelal Security number :182-46-4".1 )
Addreo:QO Evqreen .; New Bloomndd, Pa 11068 '
Home Telepbone *(717) "41-7388
CeU Telephone II:
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ttl Filippelli ~ LESSEE (SocW Seeurity number :2 1)..!4-3419)
Add...:430 Everpeen Rd.; New Bloomfield, ,.17068
Home Telepbone #(717)448-7388
CeI Telephone N:
coms OF APPLICABLE LICENSES ATIACHED
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REAL LIFE HOUSING PROPERTY
SERVICES
P. O. Do, 767
Hershey. PA. J70n
OFFICE: 717-972-6112
James P. Harber, LEA SEE ( Social Security Number: 442-56-1332)
728 Ferris Way
Hershey,PA.17033
Home: 717-312-0539 or Cell: 717-448-7810
'is to be added to this Lease.
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J es P. Harber, Leasee ....
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DOe' 02101/1953 S.. F
Class' C Eyes GRN
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'1_ 07/1912003
Elrpues 02/0212007
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LIPPE
00668001,,00
ooa 02103/1955 fe' M
ems C E"" BRO
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comtMedRstr: *1*
1_ 07/1912003
ex..... 02/0412007
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VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. ~904 relating to unsworn falsification to authorities.
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