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Home My WebLink About01-5202 Joseph A. Macaluso Attorney at Law 9614 Rowe Run Loop · Shippensburg, Pennsylvania 172.57 (717) 532-4832 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY William J. Elhajj and Joseph W. Elhajj, Plaintiffs Civil Action - Law Vo Richard L. Webber, Jr., Defendant CONFESSION OF JUDGMENT Pursuant to the warrant of attorney contained in the Agreement for Termination of Lease dated Apdl 30, 2000, a copy whereof is attached to the complaint filed in this action, I appear for the defendant, Richard L. Webber, Jr., and confess judgment in favor of the plaintiffs, William J. Elhajj and Joseph W. Elhajj, and against the defendant, Richard L. Webber, Jr., for the amount $6,000.86, plus interest on the rent arrearages at the rate of 10% per annum from September 1, 2001, as authorized by Paragraph 2(a) of the Termination Agreement, together with costs of suit. Judgment entered as above this '~/5~tday of ~ ¢~-~ ,2001. U IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY William J. Elhajj and Joseph W. Elhajj, Plaintiffs Civil Action - Law Richard L. Webber, Jr., Defendant COMPLAINT TO CONFESS JUDGMENT Plaintiffs, William J. Elhajj and Joseph W. Elhajj, by and through their attorney, Joseph A. Macaluso, by way of Complaint to Confess Judgment, allege as follows: 1. Plaintiffs, William J. Elhajj and Joseph W. Elhajj, are sui juris adults who own real estate located at 1 West King Street, Shippensburg, Pennyslvania 17257 (hereinafter referred to as the "Property"), which consists of an office building where they maintain their place of business, and part of which they lease to tenants for business purposes. 2. Defendant, Richard L. Webber, Jr., is a sui juris adult having an address at 76 North High Street, Newville, Pennyslvania 17241. 3. Defendant leased office space in the Property from plaintiffs for commercial purposes by way of Lease Agreement dated April 16, 1999 (hereinafter referred to as the "Lease"), a copy whereof is attached hereto as Exhibit A. 4. The Lease term is for two years, commencing April 16, 1999, and ending Apdl 30, 2001, at a monthly rant of $625.00 for the leased premises as stated in Paragraph 3 of the Lease, plus rent in the amount of $25.00 per month for secretarial furniture, for a total rental amount of $650.00 per month as stated in Paragraph 4 of the Lease. 5. Rental is due and payable on the 1st day of each month of the Lease term according to Paragraph 3 of the Lease. 6. Defendant paid the monthly rental from April, 1999, through September, 1999; however, he failed to pay the monthly rental for the 6 months from October, 1999, through and including April, 2000. 7. Accordingly, plaintiffs and defendant mutually agreed to terminate the Lease on April 30, 2000, which is one year earlier than the stated term thereof, and the parties executed an Agreement for Termination of Lease for this purpose, a copy whereof is attached hereto as Exhibit B (hereinafter referred to as the "Termination Agreement"). 8. Defendant vacated the leased premises by April 30, 2000, pursuant to Paragraph I of the Termination Agreement, which provides that defendant is relieved from responsibility for payment of the rent for the final year of the Lease. 9. The Termination Agreement further provides in Paragraph 2(a) that defendant shall pay plaintiffs the following amounts: rent arrearages for the leased premises and secretarial furniture for the 6-month period from October 1, 1999, through and including March 31, 2000, at the rental of $650.00 per month, together with interest thereon at the rate of 6% percent per annum through April 30, 2000; and the rent for the month of April, 2000, in the amount of $650.00, for a total amount (seven months' rent plus interest) of $4,642.62 due as of April 30, 2000. 10. Defendant was also granted the option in Paragraph 2(a) ofthe Termination Agreement to pay plantiffs the aforesaid sum at any time on or before 5:00 p.m. on October 31, 2000, provided that interest would accrue on the outstanding and unpaid balance at the rate of 10% per annum from May 1, 2000, until the entire sum is paid in full. 11. Paragraph 2(b) of the Termination Agreement contains a warrant of attorney to confess judgment in the plantiffs' favor and against defendant, as follows: "(b) Lessee further acknowledges and warrants to Lessor that this transaction is not a consumer credit transaction within the meaning of and for purposes of Rule 2950 of the Pennsylvania Rules of Civil Procedure, because the purpose of this transaction is not primarily for personal, family or household purposes, but rather the purpose of this transaction is primarily for commercial purposes. If Lessee fails to pay the seven months' rent plus interest and any additional charges due hereunder, in full, when due on or before October 31, 2000, as required above, then the prothonotary or any attorney of any court of record is hereby authorized to appear for the Lessee and to confess judgment for money damages for failure to pay said rent, late charges and/or any other charge hereunder, together with costs of suit and reasonable attorneys fees on which judgment or judgments one or more executions may issue forthwith upon failure to comply with any of the terms and conditions of this lease. In addition, if Lessee fails to vacate the leased premises by 5:00 p.m. on April 30, 2000, as required in Paragraph 1. above, then the prothonotary or any attorney of any court of record is hereby authorized to appear for the Lessee and to confess judgment in ejectment against Lessee and in favor of Lessor for the premises, and the Lessee further authorizes the immediate issuance of a wdt of possession or, by a Distdct Justice, an order of possession, waiving any notice, headng, stay of execution or setting aside of any execution based on any exception, immunity or any Federal or state statute, as well as any defect in the order, writ of service and any other legal or equitable grounds and further expressly waives all notice to remove. The provisions of this paragraph shall survive the termination of the Lease." 12. Defendant has defaulted in his obligations under the Lease and the Termination Agreement, by failing to pay the rent and interest as set forth above. 13. Plaintiffs through their attorney wrote to defendant on November 3, 2000, requesting payment, but received no response (copy of letter attached hereto as Exhibit C). 14. Defendant has not cured the default, and no judgment has been entered as to the Lease, in any jurisdiction. 15. The following amounts are due to plaintiffs under the Termination Agreement: 6% interest ($0.1 l/day) Rent for from secOnd day of leased premises month through Month and furniture April 30, 2000 Subtotal October, 1999 $650.00 November, 1999 $650.00 December, 1999 $650.00 January, 2000 $650.00 February, 2000 $650.00 March, 2000 $650.00 April, 2000 $650.00 212 days = $23.32 181 days = $19.91 151 days = $16.61 120 days -- $13.20 89 days = $9.79 60 days = $6.60 29 days = $3.19 $673.32 $669.91 $666.61 $663.20 $659.79 $656.60 $653.19 Calculation of rent and interest due as of April 30, 2000 $4,642.62 Interest @ 10% from May 1, 2000 through August 31, 2001 ($1.2464/day) $ 608.24 Attomey'sfees $ 750.00 TOTAL $6,000.86 WHEREFORE, plaintiffs respectfully request that judgment be entered in their favor and against defendant Richard L. Webber, Jr. in the amount of $6,000.86, plus interest on the rent arrearages at the rate of 10% per annum from September 1, 2001, as authorized by Paragraph 2(a) of the Termination Agreement, together with costs of suit. ( Joseph ~ MacaTuso, Esq. - ~ Sup~'eme Court I.D. No. 38262 '~o~'ney for Plaintiffs 96'1'4 Rowe Run Loop Shippensburg, PA 17257 FROM .' ~I~CALUSO FAX NO. : 717~48~ AuB. ~IB ~801 02: %4~M P~ , VERIFICATION We verify that the statements made In this Complaint are true and accurate to the best of our knowledge, information and belief. We understand that If any falee statement were made herein that we are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsifl(:~dop, b3"ab~orities. Willian~.~'jj ~ Joseph W. Elhajj ot 1 west Kin8 and RXCHARD tnSh hereinat~ ~ to as "LSSSI~. str~taddr~, oF1 W~ nnS Sin,et, a portion oftlm la'Olm~ as a law olti~ and Tho Prunises as referred to in this kmo q~meS mmm in n~,,*hly payments of SIX'~n_m) TWENTY, FIV~ ($ Myable on the 1st day of'ead~ ~KI evory month h advalK~ 16, 1999 to April 30, 1999, LIL.q,s~ shall pay tho sum oF $0/100 ($ 312.50) r inlmlla~ lac~ fiJlly m foi~ b ~ 6 bdow. 1Wl~ Kin8 Su'e~ SbJppe~ PA 1'7257 and nol~o ~.boiddrmed u'~oUows: " }#l~e, PA 17241 lllCUll III,'dm.iI ell I ~ 't e, 'mgee, iiliIl~ iiil~llil~Iim Iii I.m ~tlll Iii Lm mil I" #m ikn& mofkl (lllmattm im dm mini oWog hm km t° Ummm i miV ~ ~ ~ ~tm pmdm mrm mm~mda fummm~ ~ me 181 dmyw ,, $16.61 161 dayg ,, $1&61 80 deye w #.TO