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Home My WebLink About95-02044 ~ j . ., ~] J' i 1 ~I ":t-i AI ~ ~ ~ :i l , . .: ~ :; ~ ..., r J ~ ~ Of'r:,.. I' i; JUH Z: I ~ .J i'li I ',"" ..J ;a > ; ~ '. - ';'t :( ~ ~ I , :,;... - I j: - I :; I .~ : -, ~ I ~ ~ tl,~ ~ ;: [~:~ ~ .. ftl 1-'<< ~ i ~ ~'i:'l -, c:la'l ~~:- I '... . N't1. ... : O~. '" 4:=;- ,: " I , , I . ..... ,'" ":~ ?~ - ~ -:=::; .... - .;. ~ ;:1 ::"'J1 -"" ., :!l :'1 ~ ., ~ :; 2 Ul:>: .... \. Ul ;:l Q 1; ;:l 0 o :>:0. :1; t"'. o Ul t'" ::ro - Ul ::r ::r- c Ul Ul 0''1 Q' . ;:l 0. Q' ;:l "'0. ~ .... HI ro .-. .~ " " < .... 0. n - ;':2 ::... =- - - :;.::t'1 - - .... >i :: -== --; - - ::.::: '. ~- ~~ - - '" . - l' :P. - , ~~)' ~~,:ll -Cc' -\ ~~. \ :;..,. 2- s:=i; ~. -" :' - , .. =<: - .' a . ... , ... , t'" ro 0' o Bv virtue oj chi. Wn!..m :h~ 'l"-~J-UL-.--_----.JJ\' .,1 _.__u___.J.y!l_~_______h _hU_____._. t~..9.5._ [ c3u'l!d :h~ wic.~in n;uud u?~~__~_::.:__~:~_~___________________.._.u.u_____m____________..___. :0 ha'..e pomllicn oj ,he pr<'fl1'"'' ~':<e;:b.'tJ ..\l(~X:X,l(~~,~~1IMl'-l<~l{P<X._5!1.0.JIlD.J:th_B.edf.ord_s.tre.et..__ Carlisle. Pa. ... , - ~ ' -' . ..... 'W :'" -'-'-- ------------------..----.-------------------_-_--_0-_-_______________________________..______________. ;.... . . o o Sheriff's Costs 64.28 Refund lo ally $ 85.72 ---.--------------.-------------------------------.--------------------------..-------------.----------. --------------------------.--------------.----.--..-------.----------------------------------------.-. ----- .------- ._._---_.------------------~-------_._--._-----------------------------.---------------. . '." J t--l- "'.\.Ira .\r.q_:1I0h'::;~'..1 ') :1t":.-,"~ .1.t~ :nti ___~_____-_________ '.... ..' " - II ~ "j 'I ,- .\..' . I .._,._Iot~----------.-h-------.----. ' ___\.__ '- - - -. -~- -l'~f!! _._(l.~ -~I.(. ':.~(t_.o ., 1.'1-':1. ~ _... - - __ r:rl,r..,n.H 11'" \.I:.,"lt :z ~ , ., ~ ? 'f , >0 , U1 : I 'N '0 :",. ~w , .", , :'" , U1 , I 'N '0 '",. ,,,,. - ,f ~ r:4t<~,.-~~ . ___ ..~_ ..______. .__._ .._...____._ .__. ._.. _...0:1' .-. J "hLOr:i~: , . f-n.t;;:~.~....- _ --=-d.k.$------- ___ u____ r.l"'~u:", ch: j,;V lOCi '/ Y . DAVID C. LEBO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. KENWOOD W. LOSH, SR. AND SUSAN K. LOSH, Husband and Wife, Defendants 95- 2044 CIVIL TERM STATUTORY ACTION TO CONFORM CONFESSED JUDGMENT PURSUANT TO PA. R.C.P. 2981 ET SEQ. PRAECIPE FOR ENTRY OF DEFAULT JUDGMENT PURSUANT TO PA. R.C.P. 1037lbl The Complaint in the above captioned matter, duly endorsed with a Notice to Defend, was filed on April 21, 1995 and served by the Sheriff of Cumberland County upon the Defendants on May 1, 1995. A Notice to Take Default Judgment pursuant to Pa. R.C.P. 237.1 was mailed to the Defendants by first class mail, postage prepaid on May 23, 1995, true and correct copies of which Notices are attached hereto, made a part hereof and incorporated herein by reference thereto. Also attached is an Affidavit of Service by the undersigned. The ten days required for action following the Rule 237.1 Notice having passed, please enter judgment in favor of the Plaintiff, David C. Lebo, and against the Defendants, Kenwood W. Losh,' Sr. and Susan K. Losh, husband and wife, in the sum of $52,571.59 together with costs of suit, continuing interest, taxes, insurance, late charges, etc. and in ejectment for possession of the real property known as 540 North Bedford street, Carlisle, Cumberland county, Pennsylvania, the legal description of which is attached hereto and incorporated herein by reference. TO: Lawrence E. Welker, Prothonotary June 6, 1995 FOWLER, ADDAMS, SHUGHART & RUNDLE r s / l //,. F. Shugh Atty 1.0. 19'3 3 28 South pitt Street P. O. Box 208 Carlisle, PA 17013 (717) 249-8300 ~-R \'J~ ~ .......' ......; of::'. o ~ I I - ~ ~ r-.' '---Z l\.l "-" "') 0 :. "- ? ,-......, o -=--- ...t:--l.... -.. ~ ~\ ~ ,,0 -e::-. Q'" v,....... . L', ,,- \- I.J G' ; " ".f:' . ., <-- '" "" - <.C " '" , & .." ::>= 1:.. - ~ .. u:> ..,., DAVID C. LEBO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSVLVANIA CIVIL ACTION - LAW VS. 95- CIVIL TERM KENWOOD W. LOSH, SR. AND SUSAN K. LOSH, Husband and Wife, Defendants STATUTORV ACTION TO CONFORM CONFESSED JUDGMENT PURSUANT TO PA. R.C.P. 2981 ET SEQ. STATUTORV ACTION TO CONFORM CONFESSED JUDGMENT PURSUANT TO PA. R.C.P. 2981 et SeQ. COMPLAIN'r AND NOW, comes the Plaintiff, David C. Lebo, by his attorneys, Fowler, Addams, Shughart & Rundle, and makes the following complaint: 1. Name of the Plaintiff is David C. Lebo who resides at 912 Forbes Road, Carlisle, Pennsylvania 17013. 2. Names of the Defendants are Kenwood W. Losh, Sr. and Susan K. Losh, husband and wife, both adult individuals who reside at 404 Crosschool Road, Carlisle, PA 17013. 3. On April 21, 1995, in proceedings to 95-J04} civil Term, the above captioned Plaintiff entered judgment against the Defendants in the sum of $52,571.59. The averments of the Complaint filed in that action are incorporated herein by reference. 4. On April 21, 1995, in proceedings to 95-)D43civil Term, the above captioned Plaintiff entered judgment against the Defendants in ejectment for possession of the real property known as 540 Bedford Street, Carlisle, Cumberland County, Pennsylvania. The averments of the Complaint filed in that action are incorporated herein by reference. 5. Required notices pursuant to section 403 of Act No. 6 of 1994, as amended, 41 P.S. 403, were sent to the Defendants by certified mail and by U.S. First Class Mail, postage prepaid on February 15, 1995, true and correct copies of which notices are attached hereto, made a part hereof and marked Exhibit "B" as to Kenwood W. Losh, Sr. and Exhibit "c" as to Susan K. Losh. 6. The Defendants are obligatod to the Plaintiff for the fOllowing amounts due and owing pursuant to a written Installment Sale Agreement dated September 14, 1993 and recorded in the Office of the Recorder of Deeds in and for Cumberland county, Pennsylvania in Misc. Book 454, Page 350, as follows: Balance of principal and accrued interest due as of september 14, 1994, from date of last payment due on August 14, 1994 - 47,073.14 Accrued interest on the unpaid principal balance from August 14, 1994 to and including April 21, 1995 - Unpaid school district taxes at penalty 2,583.85 274.60 Late charges - 140.00 Attorney commission of 5% Total balance due and owing - 2.500.00 $52,571.59 COUNT I STATUTORY ACTION TO CONFORM CONFESSED MONETARY JUDGMENT 7. The averments of Paragraph 1 through 6 inclusive are incorporated herein by reference thereto. 8. Pursuant to the provisions of Section 407 of Act No. 6 of 1994, as amended, 41 P.S. 407, Plaintiff demands judgment against Defendants, Kenwood N. Losh, Sr. and Susan K. Losh, jointly and severally, in the sum of $52,571.59 together with continuing interest at eight (8%) percent on the unpaid principal balance, costs of suit, taxes, insurance, late charges, etc. WHEREFORE, Plaintiff demands judgment against Defendants in the sum of $52,571.59 together with continuing interest, costs of suit, taxes, insurance, late charges, etc. COUNT II CONFORMING ACTION TO CONFORM CONFESSED JUDGMENT FOR POSSESSION OF REAL PROP~ 9. The averments of Paragraph 1 through 8, inclusive, are incorporated herein by reference thereto. David c. Lebo February 21, 1995 Page 2 The total amount now required to cure this default, or in other words, get caught up on your payments, as of the date of this letter, is Two Thousand Seven Hundred Eighty-three and 54/100 ($2,783.54) Dollars. You mav cure this default within THIRTY (301 DAYS OF THE DATE OF THIS LETTER. BY PAYING TO ME THE ABOVE AMOUNT OF TWO THOUSAND SEVEN HUNDRED EIGHTY-THREE AND 54/100 ($2.783.541 DOLLARS~ PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE CHARGES WHICH MAY FALL DUE DURING THIS PERIOD. Such payment must be made by either cash, cashier'S check, certified check or money order, and payable to me at the offices of Fowler, Addams, Shughart & Rundle, 28 South pitt street, Carlisle, PA 17013. It you do not cure the default within THIRTY (30) DAYS, ! intend to exercise mv riqht to accelerate the Installment Sale Aqreement oavments. This means that whatever is owing on the original amount borrowed will be considered due IMMEDIATELY and you may lose the chance to payoff the original Installment Sale Agreement in monthly payments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorney to enter ;udqment bv confession aqainst yOU for the full amount owed bv yOU and to start a statutory action to co~form the confessed ;udqment. If ;udqment is entered in the statutory action. the oropertv at 540 North Bedford Street maY be sold bv the Sheriff to pay off the balance owed bv YOU. If we refer your case to our attorney, but you cure the default before legal proceedings are started against you, you will have to pay the reasonable attorneys fees, actually incurred, up to $50. However, if legal proceedings are started against you, you will have to pay the reasonable fees even if they are over $50. Any attorney fees will be added to whatever you owe us, which may include our reasonable costs. If yoU cure the default within the thirty (301 day period. YOU will not be required to pay attorney fees. We may also enter judgment by confession against you for possession of the property and file a statutory action to conform the confessed judgment. You should realize that a final judgment in ejectment in favor of me and against you for possession of the property you are buying under your Agreement wIll end your ownership of such property and your right to remain in possession of it. If you are in actual or constructIve possession of the h .- David C. Lebo February 21, 1995 Page 2 The total amount now required to cure this default, or in other words, get caught up on your payments, as of the date of this letter, is Two Thousand Seven Hundred Eighty-three and 54/100 ($2,783.54) Dollars. You may cure this default within THIRTY (301 DAYS OF THE DATE OF THIS LETTER. BY PAYING TO ME THE ABOVE AMOUNT OF TWO THOUSAND SEVEN HUNDRED EIGHTY-THREE AND 54/100 ($2.783.541 DOLLARS. PLUS ANY ADDITIONAL MONTHLY PAYMENTS AND LATE CHARGES WHICH MAY FALL DUE DURING THIS PERIOD. Such payment must be made by either cash, cashier's check, certified check or money order, and payable to me at the offices of Fowler, Addams, Shughart & Rundle, 28 South Pitt street, Carlisle, PA 17013. It you do not cure the default within THIRTY (30) DAYS, I intend to exercise my riqht to accelerate the Installment Sale Aqreement pavments. This means that whatever is owing on the original amount borrowed will be considered due IMMEDIATELY and you may lose the chance to payoff the original Installment Sale Agreement in monthly payments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorney to enter iudqment by confession aqainst YOU for the full amount owed by yOU and to start a statutory action to conform the confessed iudqment. If iudqment is entered in the statutory action. the property at 540 North Bedford Street may be sold by the Sheriff to payoff the balance owed by you. If we refer your case to our attorney, but you cure the default before legal proceedings are started against you, you will have to pay the reasonable attorneys fees, actually incurred, up to $50. However, if legal proceedings are started against you, you will have to pay the reasonable fees eyen if they are OYer $50. Any attorney fees will be added to whatever you owe us, which may include our reasonable costs. If YOU cure the default within the thirty (301 day period. you will not be required to pay attorney fees. We may also enter judgment by confession against you for possession of the property and file a statutory action to conform the confessed judgment. You should realize that a final judgment in ejectment in favor of me and against you for possession of the property you are buying under your Agreement will end your ownership of such property and your right to remain in possession of it. If you are in actual or constructiye possession of the property after I begin enforcement of a final judgment in , - I