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HomeMy WebLinkAbout00-03350 CJ'L c ~rl't.j F:\FILES\DA TAFILB\Gendoc.cuf\86004-oom.l\B'IW 8600.4 JOHN H. BILLMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - MORTGAGE FORECLOSURE NO. t>-O - 33 :5'0 ~ ,- L-- GARY A. HIPPENSTEEL and DIANNA M. HIPPENSTEEL, Defendants NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE TIllS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 /' Telephone (717) 249-3166 .1, 1- ~ '".''' ' ~~ JOHN H. BILLMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVILACfION - MORTGAGE FORECLOSURE GARY A. HIPPENSTEEL and DIANNA M. IDPPENSTEEL, Defendants NO. tn).. 3350 ~ l~ COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes John H. Billman, by and through his attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and avers as follows: 1. Plaintiff is John H. Billman, an adult individual, residing at 4 Mount Rock Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendants, Gary A. Hippensteel and Dianna M. Hippensteel, are adult individuals, residing at 243 Neil Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. On January 18, 1996, Plaintiff entered into an Installment Sales Agreement with Defendants for property situate at 243 Neil Road, Shippensburg, Cumberland County, Pennsylvania 17257, as described in the Installment Sales Agreement attached hereto as Exhibit "A." Said Installment Sales Agreement was recorded in Cumberland County on May 9, 1997, at Miscellaneous Book 547, Page 260. 4. The subject premises are more particularly described in Exhibit "A" to the Installment Sales Agreement. 5. Defendants made payments pursuant to the Installment Sales Agreement from January 18,1996, up through and including July of 1999. ,-- I, .J~. - ., ~~ - , '-;" -, - ~,,---, 6. Defendants failed to make full payments for the months of August - December, 1999, and January 2000 - present. Monthly payments are $198.23, and the taxes due and owing are $80.39; Defendants did, however, make two $200.00 payments, one in August of 1999, and the other in October of 1999. 7. The total sum due and owing under the Instalhnent Sales Agreement as of the date of filing is $1,953.74. 8. The following amounts are due on the InstaIhnent Sales Agreement as of 5/31/2000: Outstanding monthly instaIhnents (September through December, 1999; January through May, 2000 - $198.23 per month) $1,784.07 Late Charges (September through December, 1999; January through May, 2000 - $9.92 per month) $89.28 Court Costs (filing fee, service, etc.) $145.50 + 1999-2000 school real estate tax bill $80.39 Attorneys' fees $437.00 TOTAL $2,536.24+ 9. As the underlying InstaIhnent Sales Agreement was for less than Fifty Thousand Dollars, Plaintiff provided Defendants with the notice required under 41 P.S. ~ 403 1974, Jan. 30, P.L. 13, No. 6, ~ 403. A true and accurate copy of the Notice ofIntention to Foreclosure on the InstaIhnent Sales Agreement/Mortgage and a copy of the Receipt for Certified Mail are attached hereto as Exhibits "B" and "C" respectively. 10. Defendants are in default of Section 2, subparagraph B of the Installment Sales Agreement, for failing to make payments. ~ ,.' ",d' ,; ".J ;'. P -. 11. Defendants are also in default of Section 3 ofthe Installment Sales Agreement by failing "to keep the Property in a good state of repair." WHEREFORE, Plaintiff John H. Billman respectfully demands judgment in his favor and against Gary A. Hippensteel and Dianna M. Hippensteel, husband and wife, for the amounts owing under the Installment Sales Agreement to gether with interest thereon, late payments and attorneys' fees, together with any other remedy the Court may deem appropriate. Respectfully submitted, MARTS ON DEARDORFF WILLIAMS & OTTO -;~IJ.Q-= BM;.m;n . W":,,, E",,,,, I.D. No. 78100 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: May 31,2000 I I. 'i "~ i "" !drJS.s-' ~ . z,1J Y r ~ INSTALLMENT S,ALES AliREEMENT ,I ,..,.,.. THIS AGREEMENT, made as of this ./.K!- day of January, 1996, by and between JOHN H. BILLMAN, of RD. #4, Newville, Cumberland County, Pennsylvania 17241 (hereinafter referred to as "SELLER"), and GARY A. HIPPENSTEEL and DIANNA M. HIPPENSTEEL, of 1172 Means Hollow Road, Shippensburg, Cumberland County, Pennsylvania 17257 (hereinafter referred to as "PURCHASERS"). NOW THIS AGREEMENT WITNESSETH THAT: For and in consideration of the mutual covenants and promises hereinafter set forth, and intending to be legally bound, the parties hereto mutually agree as follows: .' . 1. Seller agrees to sell, grant and convey unto the Purchasers, and Purchasers agree to purchase and accept the conveyance of the property situate in Southll1Ilpton Township, Cumberland County, Pennsylvania, containing 14,449.69 square feet and being Lot No. 23 as shown on the Plan of Walnut Grove, as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 41, Page 59, as more particularly described in Exhibit "N', attached hereto and made a part hereof 2. Purchasers agree to pay the sum of Nineteen Thousand Nine Hundred and no/l00 ($19,900.00) Dollars to Seller, said purchase price being payable as follows: A. Purchaser shall tender to Seller a downpayment in the amount of Four Thousand Nine Hundred and nol100 ($4,900.00) Dollars on the signing of this agreement, receipt' of which is hereby acknowledged; and BOOK 547 PACE 260 Exhibit "A" . , , , -. B. The balance of the purchase price, being Fifteen Thousand and nollOO ($15,000.00) DollarSi in equal monthly installments of One Hundred Ninety-eight and 23/100 ($198.23) Dollars, said monthly installments commencing on February 18, 1996. Said monthly payments shall be applied first to interest on the unpaid balance of the purchase price at a rate ofTen and no/100 percent (10.00%) per annum, and the balance thereof applied to the reduction of the unpaid principal balance of the purchase price. These monthly payments shall be due on the 18th day of each month subsequent to the commencement date as stated herein. In the event that any monthly payment is not received by the Seller on or before the fifth (5th) 4ay after the same becomes due, the .." . Purchasers shall pay a late charge of five percent (5.00%) of the payment due. The monthly payments shall continue until January 18,2006, at which time the Seller agrees to convey the Property in fee simple, by special warranty deed, free and clear of all encumbrances, except easements, building and use restrictions, visible or of record, and the Purchasers agree to pay the balance of the purchase price in cash. C. Purchasers may pay the entire balance and accumulated interest at any time without incurring any penalty. 3. Purchasers agree to keep the Property in a good state of repair. Purchasers agrees not to make any substantial alterations in the condition of the Property without first securing written consent of Seller. However, in the event that Purchasers becomes in default as set forth in this agreement, any and all improvements which Purchasers has made to the Property will be and! become the property of Seller as of the date of default and will remain with the Property. 4. The Purchasers agree at their expense, to keep the Property insured against fire, with extended coverage, with a company authorized to do business within the Commonwealth of Pennsylvania and acceptable to Seller, for a sufficient sum to cover the unpaid purchase price, BOOK 547 PAGE 261 2 , < said insurance to be carried in the name of Seller, loss payable first to Seller and the remainder to the Purchasers, as their interests may appear. 5. Purchasers shall be entitled to possessIon of the Property immediately upon execution of this Agreement. 6. Purchasers hereby assume all risk and responsibility for any accidents, injury or damage to persons or property and to itself and any others on the Property. The Purchasers shall defend, indemnifY and hold harmless the Seller from and against all actual or potential claims, demands, liabilities, damages, losses and out-of-pocket expenses including reasonable attorneys' fees whether or not reduced to judgment, order or award, on account of any and all injury or damage to persons or property associated with the Property. 7. All reat estate taxes with regard to the current year will be prorated as of the date of the execution of this Agreement. Thereafter, Purchasers will be responsible for the payment of all subsequent real estate taxes as provided above. All real estate transfer taxes upon final settlement and conveyance of the deed as provided herein shall be paid equally by the parties hereto. If, however, Purchasers at any time shall request Seller to convey the Property to a third party, Seller shall be relieved of paying any transfer tax associated therewith and the same shall be the sole responsibility of the Purchasers or the third party. In addition to the above, all the utilities shall be prorated as of the date of this Agreement. Thereafter, Purchasers will be responsible for payment of all utilities and any other services perfonned which are associated with the Property. 3. Purchasers understand and agree that the property is being purchased "as is" and Seller is making no representations or warranties with regard to the condition of any improvements located on the property. B80K 547 PI.GE 262 3 " -., , 'if1~i ... 9. Upon default by the Purchasers in tendering any of the monthly payments due hereunder or in performance of any other obligations under this Agreement, for a period exceeding thirty (30) days, Seller may declare this Agreement to be terminated, retaining all payments made to that time as liquidated damages and in such event, the Prothonotary or any attorney of any court of record is hereby authorized to appear for and to confess judgment in an applicable action of ejectment against said Purchasers, their heirs and assigns and in favor of the said Seller, his heirs and assigns for the Property and to direct the immediate issuing of a Writ of Possession with Writ ofEKecution for costs, including attorneys' fee ofat least five percent (5%) of the unpaid balance of the purchase price, without notice and without asking leave of Court, or at (he option of Seller, said Prothonotary or attorney is hereby authorized to confess judgment against the Purchasers and in favor the Seller for the entire unpaid balance of the purchase price, together with costs, interest, insurance payments, taxes, etc., and with at least five percent (5%) added thereon as an attorney fee. 10. The interest of the Purchasers conveyed by this Agreement shall not be assignable by sale. assignment, lease, pledge, subleasing or otherwise, in whole or in part, without the prior written consent of the Seller. In the event such assignment, pledge, etc., is accepted, the rights stipulated in Paragraph Nine shall accrue to the Seller. 11. Failure by Seller to insist on strict performance by Purchasers of any of the terms of this Agreement shall not be construed as a waiver, release or relinquishment thereof. This Agreement shall inure to and be binding upon the successors and assigns of the parties hereto. 12. The provisions of this Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. This Agreement represents the entire agreement and understanding between the parties hereto and there are no other tenus, obligations, covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever concerning this sale. The provisions of this Agreement supersede any and all prior writings BIJOK 547 PACE 263 4 "'t between the parties hereto. Any modification, changes or additions to this Agreement must be made in writing and executed by the parties hereto. Wherein used in this Agreement, unless the context otherwise clearly requires; the plural shall include the singular and vice versa; the use of any particular gender shall include any other applicable genders; and the words "hereof', "herein" and similar compounds of the word "here" shall mean and refer to this entire Agreement and not to any particular provision or paragraph hereof unless so stated. 13. Time is hereby declared to be of the essence with regard to this Agreement. 14. All payments, notices and other communications given or delivered under this Agreement shall be in writing and be deemed to have been given when personally delivered, mailed by first-class mail, return receipt requested, or delivered by express courier service. All payments, notices, demands and other communications to the Seller or Purchasers will, unless another address is specified in writing, be sent to the addresses indicated below: Notice to Seller: JOHNH BILLMAN &Jir 'PO ' Bo){6-~ NEWVILLE PA 17241 Notice to Purchasers: GARY A IDPPENSTEEL DIANNA M. HIPPENSTEEL ;l r...1NE1L RD SHlPPENSBURG PA 17257 or at such other address at which either party notifies the other in writing. 15. If Seller is unable to give good title to Purchasers as set forth above, Purchasers shall have the option of taking such title as may be able to be given with no reduction in the purchase price or in terminating this Agreement and receiving a return of the downpaymcnt paid BlJOK 54'7 PACE 264 5 ~ .':.! ": hereunder. It is stipulated and agreed between the parties that the reasonable rental value of the premises is equal to or greater than the monthly installment payments to be made under this agreement and that in no event shall Seller be required to return any amounts paid by monthly installments hereunder to Purchasers regardless of the reason final settlement is not completed by Purchasers. IN WITNESS WHEREOF, the parties hereto, being duly authorized to enter into this Agreement, have executed the same as of the day and year first above written. WITNESS: ~~ ~/'J1~00 , 'l<~Qt S)a~ (SEAL) "Seller" ~ r1-~~ (SEAL) G. A. HIPPEN . EL "Purchaser" d 4;18 ~/n~(.gv4r/7);, ~EAL) DIANNA M. HIPPEN!; E L "Purchaser" BQOK 547 rAGE 26!) 6 '-I. ~ == ~~ -'-'<'1 ~ COMMONWEALTH OF PENNSYLVANIA :$5: COUNTY OF CUMBERLAND : On this, the I~"'day of January, 1996, before me, the undersigned officer, personally appeared JOHN H. BILLMAN, known to me (or satisfactorily proven) to be the person named in the foregoing Installment Sales Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA NUL 81M. 1If..... .....,... .. T .......MlY..M My_ . 1"__-"" -== ~:: '.. c.... r., .f ,..;~ (") ....) :.0' -=-.:> r:") r :~r rr1 c.o p.o.:u ..,. r-, --i On this, the I J'''''day of January, 1996, before me, the undersigned officer, jjrso~~ ~: f-6 Con"! appeared GARY A. HIPPENSTEEL and DIANNA M. HIPPENSTEEL, his wife, knOWn t~1$ .'" ~ -< c::r ~" CJ'l I (J>"'O (or satisfactorily proven) to be the persons who are named in the foregoing Installment ~es . . :ss: COUNTY OF CUMBERLAND Agreement, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. IIOTARW. lIlW. IIf ..IWU, ....".... .. . .r......,...,,- "Cl .. ....,.". . ,.,\' \'.~lz.' 1;.~I'.:.II';il... .,' 'j. ....... Il A .'F. .... _.t ............""'I,v' '...... :.' 0........ ..', ,...~..... '.. ~ ~ .: - 0.." ..... ...",~...-:: : . it." .; ,. . ,-(\ : . " .. .." ,",.~. ". ../;..' . ~r, ,. '."1' :. ~. .,:l'f~.~~r. (..~14~'. ~ ....~ ..((',yrf.r . ..,~. .~. .~ . "',,... '. r./", ",'''' .... " ',":- 0- .....~srvV" . "'" $ ~ 1-.. ._....... <>.. V ~ .,' .,0' .Iv" 't'.~'...., /1 y. p..,., ,.",\'l. 'f':.'lft"'''"ltI11'!I'' I.r I" I . <i'c.' ,- ~. . ~ ALL that certain lot of ground with the improvements thereon situate in Southampton Township, Cumbecland County, Pennsylvania, bounded and described as follows: UEGINNlNG at a point on the centerline ofCleversburg Road at the comer of Lot No. 24 on plan of Walnut Grove; thence along the centerline of Cleversburg Road, North 29 degrees 58 min!Jtes 04 seconds West, a ~istance of 4.96 feet to a point; thence along the same, by Ii. curve to the right having a radius of2,430.00 feet, an arc length of 80.68 feet to a point at Lot No. 22 on said plan; thence along the latter, North 61 degrees 56 minutes 05 seconds East, a distance of ] 72.4] feet to a point at other lands now or formerly of John H. BiDman; thence along the latter, South 28 degrees 4] minutes 47 seconds East, a distance of 82.49 feet to a point at Lot No. 24 on said plan; thence along the latter, South 60 degrees OS minutes 29 seconds West. a distance of ] 11.85 feet to a point, the Place of BEGINNING. CONTAINING ]4,449.69 square feet and being Lot No. 23 as shown on the Plan of Walnut Grove recorded in the Cumberland County Recorder of Deed's Office in Plan Book 41, Page 59. BEING part of the same property which HARRY OBERHOLTZER alJd EDNA OBERHOLTZER, his wife, granted and conveyed unto JOHN H. BILLMAN, grantor herein, by deed dated March 31, 1976 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book "N", Volume 26, Page 142. AND BEING the same property which the said JOHN H. BILLMAN sold by installment sales agreement to GERALD A. BITNER and JEANETfE M. BITNER, his wire, by agreement dated June 1, 1989, but which was seized by the Sherilf of Cumberland County, Pennsylvania, R. THOMAS KLINE, in execution of a judgment entered at No. 61] 9 Civil Term ] 994, Cumberland County Court of Common Pleas, and sold to the said JOHN H. BILLMAN, grantor herein, on March 8, 1995, after due advertisement according to law, by deed recorded in the office aforesaid in Deed Book 121, Page 207. SUBJECT, HOWEVER, to various building and use restrictions as recorded with the aforesaid plan of lots and as provided in other deeds of record. ',' "". , -', , ;)f Pennsylvania } 55 . i ,; ot Cumberland , ds "',,j 111 the office for me recording of D~e ~.., .~. lAumberland countyi;f~ 0 _ . ."1 VoL ::::....-f'age- . , f '. .. ,.' ,r;y haild and seal of office 0 UJ.:1::/- . .'.;.(his Wofl!~/1-' ./1. ecoer ,:;~~~~~{~~~,,:;: , .I'~""''''' ". :r' 'I~$I ... 8 bOOK 54'7 fAGE 267 Exhibit "B" ... '~ ,'"' NOTICE OF lNTENTION TO FORECLOSE MORTGAGE PURSUANT TO 41 Pa.C.S. 1$403 ("Act 6," 1974, Jan. 30, P.L. 13, No. 6, ~ 403) DATE: MARCH 28, 2000 via Certified Mail Receipt Requested TO: GARY A. and DIANNA M. HIPPENSTEEL 243 NEIL ROAD SHIPPENSBURG, PENNSYL VANIA 17257 RE: INSTALLMENT SALES AGREEMENT DATED JANUARY 18, 1996. PREMISES: LOT NO. 23, PLAN OF WALNUT GROVE, RECORDED IN CUMBERLAND COUNTY AT PLAN BOOK, 41, PAGE 59, MORE PARTICULARLY DESCRIBED IN EXHIBIT A TO INSTALLMENT SALES AGREEMENT DATED JANUARY 18, 1996, AND RECORDED ON MAY 9, 1997, IN CUMBERLAND COUNTY AT MISCELLANEOUS BOOK 547, PAGE 260. NOTICE OF INTENTION TO FORECLOSE INSTALLMENT SALES AGREEMENT/MORTGAGE The Instalhnent Sales Agreement executed by you on January 18, 1996, and recorded on May 9,1997, in Cumberland County at Miscellaneous Book 547, Page 260, in favor ofJohnH. BilIman, and creating a lien on your property located at 243 Neil Road, Shippensburg, Pennsylvania 17257, known as Lot No. 23, Plan of Walnut Grove, recorded in Cumberland County at Plan Book, 41, Page 59, IS IN DEFAULT because you have failed to make the monthly payments of$ 198.23 for the months of September, November, and December of 1999, and January through March, 2000, as required for a period of at least 30 days. Late charges (and other charges) have also accrued to this date in the amount of $ 139.86 . The total amount now required to cure this default or, in other words, to get caught up in your payments, as of the date of this letter, is $ 1.329.24 . YOU MAY CURE TIllS DEFAULT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS LETTER, by paying to Mr. BilIman the above amount of $ 1.329.24 , plus any additional monthly payments and late charges which may become due during the period. Such payment must be made either by cash, cashier's check, certified check or money order, and made payable to "John H. Billman." If you do not cure the default within thirty (30) days, Mr. Billman intends to exercise his right to enforce the lnstalhnent Sales Agreement and foreclose. upon the property. This means that whatever is owing under the Instalhnent Sales Agreement will be considered due immediately and you Exhibit "e" :;'" i>~ . . '0" . ~-". - -""" may lose the chance to payoff the original debt in monthly installments. If full payment of the amount of default is not made within thirty days, he also intends to instruct his attorneys to start a lawsuit to foreclose upon your mortgaged property. If the Installment Sales Agreement/mortgage is foreclosed, your property will be sold by the sheriff to payoff the mortgage debt. If Mr. Billman refers this matter to his attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorneys' fees, actually incurred, up to $ 250.00 . Any attorneys' fees will be added to whatever you owe Mr. Billrnan, which may also include his reasonable costs. If you cure the default within the thirty-day period, you will not be required to pay additional attorneys' fees. Mr. Billrnan may also sue you personally for the unpaid principal balance and all other sums due under the Installment Sales Agreement. If you have not cured the default within the thirty-day period, and foreclosure proceedings have begun, you have the right to cure the default and prevent the sale at any time up to one hour before the sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payment plus any late or other charges then due, as wen as the reasonable attorneys' fees and costs connected with the foreclosure sale (and perform any other requirements under the mortgage). It is estimated that the earliest date that such asheriff' s sale could be held would be approximately June 2000. A notice of the date of the sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling Mr. Bilhnan at the following number: (717) 249..9322. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that asheriff' s sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the sheriff's sale, a lawsuit could be started to eject you. You have additional rights to help protect your interest in the property. YOU HAVE TIlE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF TIlE INSTALLMENT SALES AGREEMENT/MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECf TO THE INSTALLMENT SALES AGREEMENT/MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE INSTALLMENT SALES AGREEMENT/MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATIORNEYS' FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE; AND TIlA T TIlE OTHER REQUIREMENTS UNDER THE INSTALLMENT SALES AGREEMENT/MORTGAGE ARE SATISFIED.) CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACfINGONYOUR BEHALF. - ~ "' ,,""- If you cure the default, the Installment Sales Agreement/mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. MARTSON DEARDORFF WILLIAMS & OTTO ~~ro~ By Benjamin T. Warner, Esquire I.D. No. 78100 Ten East High Street Carlisle, PA 17013..3093 (717) 243..3341 Attorneys for John H. Bilhnan Date: March 28, 2000 . ,-~ ~-~ . ~. " " ';; " .. 'liI<, > " l!! " 5 " o " " 1\ Ii E o " SENDER: I also wish to reQ\!ive the follow- ing services (for ~n extra fee): 1. 0 Addressee's ~ddress 2. 0 Restricted DeID:"o/ , o Complete items 1 and/or 2 for additional services. Complele ilems 3, 4a, and 4b. , 'YQUr name and address on the 'eversa of 1h1s form so '!hat we can return !his tayou. t! this form to the front of the mailpiece, or on the back If space does not n. "Retum Receipt Requested" on the mailpiece below the article number. turn Receipt will show to whom the article was delivered and the date ed. e Addressed to: 4a. Article Number Z 3311' 7"0 t.fg~- .'~ ~s. G<1Y1 A. f./;pp",^si'tlbl "!> ,V id 1&...;. 6J..ffU\SbLLV1' ,0,4. OJ. ':>7 I I~ 1; 5. Received By: (Print Name) 4b. Service Type o Registered o Express Mail o Return Receipt for Merchandise 7.0ateotDelive~... JrO . . 'c.}U 8. Addressee's Address (Only if requested and lee Is pakJ) . I)ICertified D Insured DCOD 102595-99-8-0223 Domestic Return Receipt MOW<"l 1"-- 1i<4't" t.{if"- ~. Z 338 760 485 . US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for Intematlonal Man See reverse SenIIo'A' A II. Atr.~/I\~. r . '" 51!, & Num;V ~{f EotJ, Post OIIice, Stale. & ZIP ode f S/.,. e"'b..... )4. Postage $ )7~S7 .33 o Certified Fee Special Delivery Fee Restrlded DeJivery Fee Exhibit "D" .. - .._--0> ai " "> ~ .. Ul 1i ;; " .. 0: Ii: il II! Ol " Oi " ~ ~ " ~ ... " .. ~ ~ . .' -+,,< - -'--tJii VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. :-<:, ~'- Jo H. Billman '-,-- " Il"r -" r~ ~"<J I" lJ.J "'0() ~ ~ '" .MIlldliClUl'I~I'.liilllt!fllin!i"~.ilii.jl",~ . - ,,~ ~" ~~M '-~'.~~~wii.ail1il1lllliililli "'"\7'"""""""'''-''' (") c ~ -000 (1''''.'' Zd .'" Zr~ , cD ~",' -<:'.;, ~q :PC) 2:0 )>C z' :;? "" " .~ .. __ c ___ '. ~,' " _ .uk. _ _ ., o o :x ".. -< = -0 ::J: t:" -:::.> +" l:' ~. =(! -.- ~~~;f. _ -,:~ :'v2f: 0...... -. --,rt:g ~!. t I I: i I Ii Ii Ii " , I- Ii II l 1 1 1 j l i I I I ! ~ ~ , j .. -J::. '::\ f_ ;'1 'd ~ ~ r 6l! -<:: c "'" d --,-<.'.' > ..I - "0._ "'_ .-<' -~""~- t .i" SHERIFF'S RETURN .. REGULAR CASE NO: 2000-03350 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BI'LLMAN JOHN H VS HIPPENSTEEL GARY A ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pensylvania, who being duly sworn according to law, says, the within COMPLAINT .. MORT FORE was served upon HIPPENSTEEL GARY A the DEFENDANT , at 0019:00 HOURS, on the 8th day of June , 2000 at 243 NEIL ROAD SHIPPENSBURG, PA 17257 by handing to GARY HIPPENSTEEL a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 11.78 .00 10.00 .00 39.78 So Answers: r~~<~~ R. Thomas Kline Sworn and Subscribed to before 1J;.- me this ..20 - day of Cf~u:LtmiJ A.D. n ;t..<..-O. "rv" P#.. ~ .pAC> ~:tothonotary , 77 06/09/2000 MART SON , DEARDORR, WILLIAMS By: ~ m. l'd.1J_._ Deputy Sheriff __""~~r~ ~ ~ .-- ~ -_1 '0' l ,. SHERIFF'S RETURN - REGULAR CASE NO: 2000-03350 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BILLMAN JOHN H VS HIPPENSTEEL GARY A ET AL SHANNON SUNDAY , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT .. MORT FORE was served upon HIPPENSTEEL DIANNA M the DEFENDANT , at 0019:00 HOURS, on the 8th day of June , 2000 at 243 NEIL ROAD SHIPPENSBURG, PA 17257 by handing to GARY HIPPENSTEEL a true and attested copy of COMPLAINT - MORT FORE together with NOTICE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answ~ers: ~. ... . ~ -; ~~ , ~ - . R. Thomas Kline 06/09/2000 MARTSON, DEARDORFF, WILLIAMS Sworn and Subscribed to before me this .l.o i!::: day of ~. d..o-v-U A. D. Ckt~no~~P:-./j ~ By: ~m..~ Deputy Sheriff ~ .I. *,1;' F:\FI1...ES\DATAFlLE\Gcndoc~6004-pra.lIjad JOHN H. BILLMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - MORTGAGE FORECLOSURE GARY A. IDPPENSTEEL and DIANNA M. IDPPENSTEEL, Defendants NO. 2000 - 3350 CIVIL TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please withdraw the appearance of BENJAMIN T. WARNER, ESQUIRE on behalf of Plaintiff in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO BY~1~ 1l~ Benjamin . Warner, Esqurre 1.0. Number 78100 Ten East High Street Carlisle, PA 17013..3093 (717) 243-3341 Attorneys for Plaintiff Date: January 8,2001 Please enter the appearance of MARK A. DENLINGER, ESQUIRE on behalf of Plaintiff in the above matter. MARTS ON DEARDORFF WILLIAMS & OTIO By IJf If. ~ M k A. Denlinfer-;'Esquir 1.0. Number 83794 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: January 8,2001 <I' .'~ ;!< ~<'hiil.&E.:(: CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Mr. and Mrs. Gary A. Hippensteel 243 Neil Road Shippensburg, P A 17257 Philip C. Briganti, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO BY~tt.. ;a[1k; cq . e A. Decker Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: January 8, 2001 ~,.t .....i'ili'."'-'i!iiislL.oJ~ _""~__'o ,~, '-..,.~ jjji.ill]'~a:~l~~.ifllIY,~- J,,_ ._N ~ JIIIliIlHlliI -. (") &; ;Fie? 2*[1. 21;q W:,}c--- ~~; j;;C; C :~ (]\ o o --q .., -:;:;; 2: ;"i,:-rr r- 1'';/ f~;~~ ~?I~~ .~ $ -<: I (:b u ~'-"'. ry - , -,-,' .. ~JlAd F:-.FILBS\DA TAFlLE\Gendoc.CUJ".86OO4.-eom.2\BTW 8600.4 JOHN H. BILLMAN, Plaintiff . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. C~ACTION - MORTGAGE FORECLOSURE GARY A. HIPPENSTEEL and DIANNA M. HIPPENSTEEL, Defendants NO. 2000-3350 CIVIL TERM NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Amended Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Amended Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 .--' C'; ,- '."._ -'; " ~- . ~.- , .T~'.'; F~!LES\DA TAFILE\GendQc.cuNl6OO4-com.2\B'IW 8600A JOHN H. BILLMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - MORTGAGE FORECLOSURE GARY A. HIPPENSTEEL and DIANNA M. HIPPENSTEEL, Defendants NO. 2000-3350 CIVIL TERM AMENDED COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes John H. Billman, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and avers as follows: 1. Plaintiff is John H. Billman, an adult individual, residing at 4 Mount Rock Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendants, Gary A. Hippensteel and Dianna M. Hippensteel, are adult individuals, residing at 243 Neil Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. On January 18, 1996, Plaintiff entered into an Installment Sales Agreement with Defendants for property situate at 243 Neil Road, Shippensburg, Cumberland County, Pennsylvania 17257, as described in the Installment Sales Agreement attached hereto as Exhibit "A." Said Installment Sales Agreement was recorded in Cumberland County on May 9, 1997, at Miscellaneous Book 547, Page 260. 4. The subject premises are more particularly described in Exhibit "A" to the Installment Sales Agreement. 5. Defendants made payments pursuant to the Installment Sales Agreement from January 18, 1996, up through and including July of 1999. ,~ "'-'0-''-' ,-, ~ ,- -- '1j 6. On or about June 1, 2000, Plaintiff instituted the current action for full payment of sums outstanding for the months of August - December, 1999, and January - May, 2000. The total amount owed and outstanding, at that time was $3,514.99. 7. On or about July 21, 2000, Defendants made a partial payment of $3,000.00 to Plaintiff, thus leaving an unpaid balance of $514.99 to be paid to Plaintiff. 8. Defendants failed to make full payment of the remaining $514.99 to Plaintiff. Furthermore, Defendants failed to make full payments for the months of August - December, 2000, and January 2001 - present. Monthly payments are $198.23, and the municipal authority assessments due and owing are $168.05. 9. The current total sum due and owing under the Installment Sales Agreement as of the date of filing is $2,181.94. 10. The following amounts are due on the Instalhnent Sales Agreement as of 1/22/2001: Outstanding monthly installments (August through December, 2000; January 2001 through present - $198.23 per month) $1,189.38 Late Charges (August through December, 2000; January 2001 through present - $9.92 per month) $59.52 Outstanding Amount Due on Current Action $514.99 Cumberland Franklin Joint Municipal Authority $168.05 Attorneys' fees $250.00 TOTAL $2,181.94 11. As the underlying Installment Sales Agreement was for less than Fifty Thousand Dollars, Plaintiff provided Defendants with the notice required under 41 P.S. ~ 403 1974, Jan. 30, P.L. 13, No. 6, ~ 403. A true and accurate copy of the Notice of Intention to Foreclosure on the " -,'" -,- < . Yim:l"J Installment Sales Agreement!Mortgage and a copy of the Receipt for Certified Mail are attached hereto as Exhibits "B" and "c" respectively. 12. Defendants are in default of Section 2, subparagraph B of the Installment Sales Agreement, for failing to make payments. 13. Defendants are also in default of Section 3 of the Installment Sales Agreement by failing "to keep the Property in a good state of repair." 14. Defendants, by and through their attorney, have concurred and agreed to this amended pleading pursuant to Pa. R.c.P. 1033. WHEREFORE, Plaintiff John H. Billman respectfully demands judgment in his favor and against Gary A. Hippensteel and Dianna M. Hippensteel, husband and wife, for the amounts owing under the Installment Sales Agreement together with interest thereon, late payments and attorneys' fees, together with any other remedy the Court may deem appropriate. Respectfully submitted, MARTS ON DEARDORFF WILLIAMS & OTTO By k A. De . I. . No. 83794 Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: March ~ ,2001 j ""I"- .... i,jrJ5S-- ~ ~IJ /' >- .. INSTI1~~-MENT SALES A(lREEiJ:fPNf. . , .,.,.. THIS AGREEMENT, made as of this /.f:!.. day of January, 1996, by and between JOHN H. BILLMAN, of R.D. #4, Newville, Cumberland County, Pennsylvania 17241 (hereinafter referred to as "SELLER"), and GARY A. HIPPENSTEEL and DIANNA M. HIPPENSTEEL, of 1172 Means Hollow Road, Sbippensburg, Cumberland County, Pennsylvania 17257 (hereinafter referred to as "PURCHASERS"). NOW THIS AGREEMENT WITNESSETH THAT: For and in consideration of the mutual covenants and promises hereinafter set forth, and intending to be legally bound, the parties hereto mlJtually agree as follows: ,> . 1. Seller agrees to sell, grant and convey unto the Purchasers, and Purchasers agree to purchase and accept the conveyance of the property situate in South!UDptOn Township, Cumberland County, Pennsylvania, containing 14,449.69 square feet and being Lot No. 23 as shown on the Plan of Walnut Grove, as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 41, Page 59, as more particularly described in Exhibit "N', attached hereto and made a part hereof. 2. Purchasers agree to pay the sum of Nineteen Thousand Nine Hundred and no/IOO ($19,900.00) Dollars to Seller, said purchase price being payable as follows: A. Purchaser shall tender to Seller a downpayment in the amount of Four Thousand Nine Hundred and nolIOO ($4,900.00) Dollars on the signing oftbis agreement, receipt'ofwhich is hereby acknowledged; and BOOK 517 PACE 260 Exhibit "A" ",--, ,- , -...."" ., ". B. The balance of the purchase price, being Fifteen Thousand and noll00 ($15,000.00) Dollars, in equal monthly installments of One Hundred Ninety-eight and 23/100 ($198.23) Dollars, said monthly installments commencing on FebrulU}' 18, 1996. Said monthly payments shall be applied first to interest on the unpaid balance of the purchase price at a rate ofTen and noll00 percent (10.00"/0) per annum, and the ballance thereof applied to the reduction of the unpaid principal balance of" the purchase price. These monthly payments shall be due on the 18th day of each montb subsequent to the commencement date as stated herein. In the event that any montbly payment is not received by the Seller on or befo~e the fifth (5th) 4ay after the same becomes due, the Purchasers shall pay a late charge of five percent (5.00%) of the payment due. The monthly payments shall continue until January 18, 2006, at which time the Seller agrees to convey the Property in fee simple, by special warranty deed, free and clear of all encumbrances, except easements, building and use restrictions. visible or of record, and the Purchasers agree to pay the balance of the purchase price in cash. C. Purchasers may pay the entire balance and accumulated interest at any time without incurring any penalty. 3. Purchasers agree to keep the Property in a good state of repair. Purchasers agrees not to make any substantial alterations in the condition of the Property without first securing written consent of Seller. However, in tbe event that Purcbasers becomes in default as set forth in this agreement, any and all improvements which Purchasers has made to the Property wiH be and become the property of Seller as of the date of defauh and wjJl remain with the Property. 4. The Purchasers agree at their expense, to keep the Property insured against fire, with extended coverage, with a company authorized to do business within the Commonwealth of Pennsylvania and acceptable to Seller, for a sufficient sum to cover the unpaid purchase price, B'JOK 547 PAGE 261 2 "~-~, "--- -, ~" ~" , , =.- ~", , said insurance to be carried in the name of Seller, loss payable first to Seller and the remainder to the Purchasers, as their interests may appear. 5. Purchasers shall be entitled to possession of the Property immediately upon execution of this Agreement. 6. Purchasers hereby assume all risk and responsibility for any accidents. inju!)' or damage to persons or property and to itself and any others on the Property. Tbe Purchasers shall defend, indemnifY and hold hannless the Seller from and against aU actual or potential claims. demands. liabilities, damages, losses and out-of-pocket expenses including reasonable attorneys' fees whether or not reduced to judgment, order or award, on account of any and all injury or damage to persons or property associated with the Property. 7. All real estate taxes with regard to the current year will be prorated as of the date of the execution ofthis Agreement. Thereafter, Purchasers will be responsible for the payment of all subsequent real estate taxes as provided above. AU real estate transfer taxes upon final settlement and conveyance of the deed as provided herein shall be paid equally by the parties hereto. If, however, Purchasers at any time shall request Seller to convey the Property to a third party, Seller shall be relieved of paying any transfer tax associated therewith and the same shall be the sole responsibility of the Purchasers or the third party. In addition to the above, all the utilities shall be prorated as of the date of this Agreement. Thereafter, Purchasers will be responsible for payment of all utilities and any other services perfonned which are associated with the Property. 8. Purchasers understand and agree that the property is being purchased "as is" and Seller is making no representations or warranties with regard to the condition of any improvements located on the property. B:JOK 547 f'IGE 262 J r~_ . ,- = ~ -, ;.-. -.~'""': .-. 9. Upon default by the Purchasers in tendering any of the monthly payments due hereunder or in performance of any other obligations under this Agreement, for a period exceeding thirty (JO) days, Seller may declare this Agreement to be tenninated. retaining all payments made to that time as liquidated damages and in such event, the Prothonotary or any attorney of any court of record is hereby authorized to appear for and to confess judgment in an applicable action of ejectment against said Purchasers, their heirs and assigns and in favor of the said Seller, his heirs and assigns for the Property and to direct the immediate issuing of a Writ of Possession with Writ of Execution for costs, including attorneys' fee orat least five percent (5%) of the unpaid balance of the purchase price, without notice and without asking leave of Court, or at (he option of Seller, said Prothonotary or attorney is hereby authorized to confess judgment against the Purchasers and in favor the Seller for the entire unpaid balance of the purchase price. together with costs, interest, insurance payments, taxes, etc., and with at least five percent (5%) added thereon as an attorney fee. 10. The interest of the Purchasers conveyed by this Agreement shall not be assignable by sale. assignment, lease, pledge. subleasing or otherwise, in whole or in Plll1. without the prior written consent of the Seller. In the event such assignment, pledge. etc.. is accepted. the rights stipulated in Paragraph Nine shall accrue to the Seller. 11. Failure by Seller to insist on strict performance by Purchasers of any of the terms of this Agreement shall not be construed as a waiver. release or relinquishment thereof. This Agreement shall inure to and be binding upon the successors and assigns of the parties hereto. 12. The provisions of this Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. This Agreement represents the entire agreement and understanding between the parties hereto and there are no other tenns, obligations, covenants, representations, statements or conditions, oral or otherwise, of any kind whatsoever concerning this sale. The provisions of this Agreement supersede any and all prior writings BOOK 547 PACE 263 4 , " ~ , between the parties hereto. Any modification, changes or additions to this Agreement must be made in writing and executed by the parties hereto. Wherein used in this Agreement, unless the CORtext otherwise clearly requires; the plural shall include the singular and vice versa; the use of any particular gender shall include any other applicable genders; and the words "hereof", "herein" and similar compounds of the word "here" shaI/ mean and refer to this entire Agreement and not to any particular provision or paragraph hereof unless so stated. 13. Time is hereby declared to be of the essence with regard to this Agreement. 14. All payments, notices and other communications given or delivered under this Agreement shall be in writing and be deemed to have been given when personally delivered, mailed by first-class mail, return receipt requested, or delivered by express courier lIeIVice. All payments, notices, demands and other communications to the Seller or Purchasers will. unless another address is specified in writing, be sent to the addresses indicated below: Notice to Seller: JOHN H BILLMAN BBr 'PO, Bo;(6-~ NEWVILLE PA 17241 Notice to Purchasers: GARY A. HIPPENSTEEL DIANNA M. HIPPENSTEEL ;l ~,j'NEIL RD SHIPPENSBURG PA 17257 or at such other address at which either party notifies the other in writing. 15. If Seller is unable 10 give good title to Purchasers as set forth above, Purchasers shall have the option of taking such title as may be able to be given with no reduction in the purchase price or in terminating this Agreement and receiving a return of the downpaymcnt paid BUOK 547 PACE 264 5 -.w--......... ~- L _ - -"~ "- > U--J.; . hereunder. It is stipulated and agreed between the parties that the reasonable rental value of the premises is equal to or greater than the monthly installment payments to be made under this agreement and that in no event shall SeJler be required to return any amounts paid by monthly installments hereunder to Purchasers regardless of the reason final settlement is not completed by Purchasers. IN WITNESS WHEREOF, the parties hereto, being duly authorized to enter into this Agreement. have executed the same as of the day and year first above written. WITNESS: ~~. ~~(h, 'l<'~~~ S)a~ (SEAL) "SeBe.... - ~ ~~#It~ (SEAL) G A. HIPPEN EL "Purchase.... 4fl4;"lh ~.'-Aftr"o-,JH6EAL) DIANNA M. HIPPENS Ii: L "Purchase.... BiJOK 547 rAGE 26!) 6 ~- ~~ "~ " COMMONWEALTH OF PENNSYLVANIA :55: COUNTY OF CUMBERLAND . . ~ " , ~~ On this, the /Y"'day of January, 1996, before me, the undersigned officer-, personally appeared JOHN H. BILLMAN, known to me (or satisfactorily proven) to be the person named in the foregoing Installment Sales Agreement. and acknowledged that he executed the same for the purposes therein contained. 3: :-0- c:)' r~; .p rn (") ~', ;.,0. CJ r:') r- :::7 P', c.o :;t>O::U __ r9, -; On this, the I ffl>day of January, 1996, before me, the undersigned officer, iirso~~ ;:: ......... C:on"f appeared GARY A. HIPPENSTEEL and DIANNA M HIPPENSTEEL, his wife, knl!JWn t~~;? ~ -< 0 ~Tt c.n I Cf) ~rJ (or satisfactorily proven) to be the persons who are named in the foregoing Installment ~es IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA : :ss: COUNTY OF CUMBERLAND . . Agreement, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. IIOTAIUI. IlEAl. .... Z8lAI&.lIIWY..... ., . tr....,.".... M lire. .' 'F ........". .,.\~..P.'U::II1'I' ,.' Z. r~ ~ '~"'" .... lj.. _<.-- Il A "$. ... _j ....-......, Ai .,.... ~.' 0' ..." .......... ...." ;0;. . - ....", .....~ ~.~~ -=:. :. i>. ~ . _:.' !/"!. \- ,1.'\ .: . f. ..... .....~. - . ~.. 010.. " . .... .-,,,.~. : : _- .:tp.:, - .-";t~...- -- 1:-'_. ., _.,. ..y_r.,o,.!;", l:.';- . ...~' .. .~.' .. .:.- . :;-'. ~..;.,,--;::- . ~ .~ ..' .... '-i;'-;:' -.1.'/';. ,"~ 'I () .:: .\ o.;:....~s.r_v. ,It. -...: f i_.V"" ' J1 ..._..... <Q v ~... \?',trr If r p'J. ....\~"t. -r._.lltlltrIlIHfrt,;l" - '~ ;-. j~i ~ A.LL that certain lot of ground with the improvements thereon situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on tbe centerline of Cleversburg Road attbe corner of Lot No. 24 on plan of Walnut Grove; tbence along the centerline ofCleversburg Road. North 29 degrees 5& minJJtes 04 seconds West, a s1istance of 4.96 feet to a point; tbence along the Slime. by Ii clIrve to the right having a radius of 2,430. 00 feet. an arc length of 80.68 feet to a point at Lot ND. 22 on said plan; thence along the lauer, North 61 degrees S6 minutes OS seconds East, a distance of 172.41 feet to a point at other lands now or formerly ofIohnB. DiDman; thence along tlbe lattCl". South 28 degrees 41 minutes 47 seconds East, a distance of 82.49 feet to a point at Lot No. 24 on said plan; thence along the latter, South 60 degrees os minutes 29 seconds West. a distance of 171.85 teet to a point, the Place of BEGINNING. CONTAINING 14.449.69 square reet and being Lot No. 23 as shown on the Plan of Walnut Grove recorded in the Cumberland County Recorder of Deed's Office in Plan Book 41. Page 59. BEING part of the same property which HARRY OBERHOLTZER aod EDNA OBERHOLTZER, his wife. granted and conveyed unto IOHN H. BILLMAN. grantor herein, by deed dated March 31, 1976 and recorded in the Cumberland County RecordCl" of Deeds Office in Deed Book "N", Volume 26, Page 142. AND BEING the same property which tbe said JOHN H. BILLMAN sold by installment sales agreement to GERALD A. BITNER and JEANETI'E M. BITNER. his wife, by agreement dated June I, 1989, but which was seized by the Sberiff of Cumbedand County, Pennsylvania, R. THOMAS KLINE. in execution ofajudgment entered at No. 6119 Civil Term 1994, Cumberland County Court of Common Pleas. and sold to the said JOHN H. BaLMAN. grantor herein, on March 8, 1995, after due advertisement according to law. by deed recorded in the office afuresaid in Deed Book 121, Page 207. SUBJECT, HOWEVER. to various building and use restrictions as recorded with the aforesaid plan Oflot5 and as provided in other deeds of record. .~.... ,t'.' ... <~~--;~;~'~i~~.'~~l:~{ . .~,~. \. ..'~"f!f.;lfr:"~'.,' ..., ,. ,. . '-";.i~~"."-"-$ .-' '.-.'~}~ ~;~..\.. _ I .-~rf,1i ..~ "" '.";r'\.~ .' -'". ~,.'" .. !l"!'l:t": . ,. . _' - ,"'/ l~;f~~~tY . _ i.C~~~p ~.,H ".~ . , , ... -~ ;..- :---1 ;_ -. _ . , ,,.1 Pennsylvania } ss . i.. at cumberland . f D~lIl11s . . '" J i J1 the office tor the recording 0 . ....1.. 'tumbertand countytt 0 . ,'.' Vol. :=-1"">>9&- - , f ,. ,I1Y hand and seal of office 0 , 11 .'.[hi& WOf ~~?~~ .// . . ecor6er " , . . g ~'}ox 547 fACE 267 . ~:"~ ~-~,. -~ - - ~ ~ ~ <-' ~(O)~l NOTICE OF INTENTION TO FORECLOSE MORTGAGE PURSUANT TO 41 Pa.C.S. 9403 ("Act 6," 1974, Jan. 30, P.L. 13, No.6, 9 403) DATE: JANUARY 22, 2001 via Certified MaillRestricted Delivery - Return Receipt Requested TO: GARY A. and DIANNA M. HIPPENSTEEL 243 NEIL ROAD SHIPPENSBURG, PENNSYLVANIA 17257 RE: INSTALLMENT SALES AGREEMENT DATED JANUARY 18, 1996. PREMISES: LOT NO. 23, PLAN OF WALNUT GROVE, RECORDED IN CUMBERLAND COUNTY AT PLAN BOOK, 41, PAGE 59, MORE PARTICULARLY DESCRIBED INEXHffiIT A TO INSTALLMENT SALESAGREEMENT DATED JANUARY 18, 1996, AND RECORDED ON MAY 9, 1997, IN CUMBERLAND COUNTY AT MISCELLANEOUS BOOK 547, PAGE 260.. NOTICE OF INTENTION TO FORECLOSE INSTALLMENT SALES AGREEMENT/MORTGAGE The Installment Sales Agreement executed by you on January 18, 1996, and recorded on May 9, 1997, in Cumberland County at Miscellaneous Book 547, Page 260, in favor of John H. Billman, and creating a lien on your property located at 243 Neil Road, Shippensburg, Pennsylvania 17257, known as Lot No. 23, Plan of Walnut Grove, recorded in Cumberland County at Plan Book, 41, Page 59, IS IN DEF AUL T because you have failed to make the monthly payments of$ 198.23 for the months of August, September, October, November, and December of2000, and January, 2001, as required for a period of at least 30 days. Late charges (and other charges) have also accrued to this date in the amount of $ 742.56 . The total amount now required to cure this default or, in other words, to get caught up in your payments, as ofthe date of this letter, is $ 2.181.94 . YOU MAY CURE THIS DEF AUL T WITHIN THIRTY (30) DAYS OF THE DATE OF TillS LEITER, by paying to Mr. Billman the above amount of $ 2.181.94 ,plus any additional monthly payments and late charges which may become due during the period. Such payment must be made either by cash, cashier's check, certified check or money order, and made payable to "John H. Billman." If you do not cure the default within thirty (30) days, Mr. Billman intends to exercise his right to enforce the Installment Sales Agreement and foreclose upon the property. This means that whatever is owing under the Installment Sales Agreement will be considered due immediately and you may lose the chance to payoff the original debt in monthly installments. If full payment of the Exhibit "B" ~._~_.~-, ., ~ . ';'-'j. amount of default is not made within thirty days, he also intends to instruct his attorneys to start a lawsuit to foreclose upon your mortgaged property. If the Installment Sales Agreement/mortgage is foreclose~, your property will be sold by the sheri ff to payoff the mortgage debt. IfMr. Billman refers this matter to his attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorneys' fees, actually incurred, up to $ 250.00 . Any attorneys' fees will be added to whatever you owe Mr. Billman, which may also include his reasonable costs. If you cure the default within the thirty-day period, you will not be required to pay additional attorneys' fees. Mr. Bilhnan may also sue you personally for the unpaid principal balance and all other sums due under the Installment Sales Agreement. If you have not cured the default within the thirty-day period, and foreclosure proceedings have begun, you have the right to cure the default and prevent the sale at any time up to one hour before the sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payment plus any late or other charges then due, as well as the reasonable attorneys' fees and costs connected with the foreclosure sale (and perfonn any other requirements under the mortgage). It is estimated that the earliest date that such a sheriffs sale could be held would be approximately June, 2001. A notice of the date of the sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment will be by calling our office at the following number: (717) 243-3341. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a sheriff's sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the sheriffs sale, a lawsuit could be started to eject you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE INSTALLMENT SALES AGREEMENT/MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF TillS DEBT. (YOUMA YHA VE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE INSTALLMENT SALES AGREEMENT/MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE INSTALLMENT SALES AGREEMENTIMORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEYS' FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE; AND THAT THE OTHER REQUIREMENTS UNDER THE INSTALLMENT SALES AGREEMENT/MORTGAGE ARE SATISFIED.) CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RIGHT TO HAVE TillS DEF AUL T CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. - '~. ~>- " -~ - ". " .~<. " " ';"'- If you cure the default, the Installment Sales Agreement/mortgage will be restored to the same position as ifno default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. MARTSON DEARDORFF WILLIAMS & OTTO Attorneys for John H. Billman Date: January 22, 2001 ~."."~= .. 1. Articffi: Addres~ to: ~" ~-, ~, . Is delivery address from item 1? If YES, enter delivery address below: MM Gary Hippensteel 243 Neil Road Shippensburg, PA 17257 3. SeNice Type to Certified Mail 0 Express Mail o Registered 0 -Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) rar Yes 2. Article Number (Copy from service label) 7099 322000091571 5316 .~ 102595-00.M-O~ t I PS Form 3811, July 1999 t Domestic Return Receipt ..IJ .-'I . m U1 r'I l'- U1 .-'I 0- CI CI CI CI nJ nJ m a- a- CI l'- Postage $ Certified Fee r Return Receipt Fee (Endorsement RequiTed) Restricted eerwery Fee (Endorsement Required) Total Postage & Fees $ Name (Please Print Clearly) (To be completed by maIler) .........._ - - . MM Gary Hippensteel _ S;;eei:Apr:-iio~;o-"-jiOBoi.N;;:".-------._.---------~..'-----.----..--.------~~--- 243 Neil Road Wifi;~tf~t;;;---:..-;~---17-25-7--.-----.-------------..-------.-------- :11 --". '. Exhibit "e" '~~. -" - . '" , "'::,." VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ~ ~:s, J hn H. Billman --.." ~ " ,." " .~ ~J..o .~ .'-'" ~,'" - '~i CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Amended Complaint in Mortgage Foreclosure was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Certified Mail!Return ReceiPt Requested Philip C. Briganti, Esquire Legal Services, Inc. 8 Irvine Row Carlisle, P A 17013 MARTS ON DEARDORFF WILLIAMS & OTTO Dated: March 6 ,2001 - "~".-""""'"""~~_.iM'"~ 'f '-"'iliIii'-';-"~ ,., .,~_J~ .-- .- - '''.' ~ --'~~""f"" _ ",..~~_"", ~ c' -"., - - -~"..'. "~'- ~ ~"~ ~".."~ (") Cl 0 f;; -'n - ~ -"- -00:1 "'" f;-c, .-;. ~S] ;;0 :C' . ~...\1'q ~r; -' :j(;J ~L ~~~ 12.0 -0 ~g ;ai: ~ tf? t\tn ~ l..N ~ (;:) =< .- ~ ,) JOHN H. BILLMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000-3350 CIVIL TERM GARY A. HIPPENSTEEL and DIANNA M. HIPPENSTEEL, Defendants CIVIL ACTION - LAW NOTICE TO PLEAD TO: John H. Billman You are hereby notified to file a written response to the attached Defendants' Preliminary Objections to Plaintiffs Amended Complaint in Mortgage Foreclosure within twenty (20) days from service hereof or a judgment may be entered against you. fI':;/oi Date Plillip C. B iganti Counsel for Defendants MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, P A 17013 (717) 243..9400 ~~.- -~-~~~~ ~_n " I "" ~ JOHN H. BILLMAN, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000..3350 CIVIL TERM GARY A. HIPPENSTEEL and DIANNA M. HIPPENSTEEL, Defendants CIVIL ACTION - LAW DEFENDANTS' PRELIMINARY OBJECTIONS TO PLAINTIFF'S AMENDED COMPLAINT IN MORTGAGE FORECLOSURE The defendants in the above-captioned action, Gary A. Hippensteel and Dianna M. Hippensteel, by counsel, Philip C. Briganti, Esquire, MidPenn Legal Services, raise the following preliminary objections to Plaintiffs Amended Complaint in Mortgage Foreclosure: 1. Demurrer 1. In Paragraph 11. of Plaintiff s Amended Complaint in Mortgage Foreclosure (hereinafter: "Amended Complaint"), Plaintiff alleges that he provided Defendants with a Notice of Intention to Foreclose Installment Sales AgreementIMortgage. Plaintiff attached said Notice to the Amended Complaint as Exhibit "B," and the Receipt for Certified Mail and Domestic Return Receipt as Exhibit "C," which exhibits are attached hereto and incorporated by reference. 2. As indicated in the Receipt for Certified Mail and Domestic Return Receipt, the Notice of Intention to Foreclose Installment Sales AgreementIMortgage was addressed and sent to "Mr. and Mrs. Gary Hippensteel," and was received by Defendant Diauna Hippensteel. 3. Plaintiff did not, and did not allege, that he sent each of the defendants, Gary A. Hippensteel and Dianna M. Hippensteel, a separate Notice ofIntention to Foreclose Installment n''".......' ~, ,I Sales AgreementIMortgage; rather, Plaintiff sent a single Notice to the defendants jointly. 4. Section 403 of Act No.6 of 1974 (41 P.S. Section 403) provides, in part: "(a) Before any residential mortgage lender may accelerate the maturity of any residential mortgage obligation, [or] commence any legal action including mortgage foreclosure to recover under such obligation...such person shall give the residential mortgage debtor notice of such intention at least thirty days in advance as provided in this section. (b) Notice of intention to take action as specified in subsection (a) of this section shall be in writing [and] sent to the residential mortgage debtor by registered or certified mail at his last known address...." 5. Because Plaintiff has failed to send each of the defendants a separate notice required by 41 P.S. Section 403(a), Plaintiff is not permitted to commence this action in mortgage foreclosure and has failed to state a claim for which relief can be granted. WHEREFORE, Defendants request that Plaintiffs Amended Complaint in Mortgage Foreclosure be dismissed. II. Lack of Subiect Matter Jurisdiction 6. Defendants repeat and incorporate by reference their averments set forth above in Paragraphs I through 5. 7. Compliance with the notice requirements of 41 P.S. Section 403 is ajurisdictional prerequisite for the commencement offoreclosure proceedings against Defendants. 8. Because Plaintiff has failed to comply with the notice requirements of 41 P.S. Section ~- II " 403 by not sending each of the defendants a separate Notice ofIntention to Foreclose Installment Sales AgreementIMortgage, this Court lacks jurisdiction over the subject matter of this action. WHEREFORE, Defendants respectfully request that this action be dismissed. Respectfully submitted, Date: Lf/2/o/ Philip C. B ganti Counsel for Defendants MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 --~.-.~ - ~. , "''f, VERIFICATION The above-named Defendants, Gary A. Hippensteel and Dianna M. Hippensteel, verify that the facts set forth in the foregoing pleading are true and correct to the best of their knowledge, infonnation and belief. Defendants understand that false statements herein are made subject to the penalties of 18 P.S. 94904, relating to unsworn falsification to authorities. Date: ~/;JC /0/ I ~ bv-y~:ez:) Gary ~nstee1 Date:_~ ):56) 0 1 . lU t1~)U1J7Y!~~ Dianna M. Hi nst el 1<1'-""- - -""- - ~- JOHN H. BILLMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.2000-3350 CIVIL TERM GARY A. HIPPENSTEEL and DIANNA M. HIPPENSTEEL, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Philip C. Briganti, hereby certifY that I am this 2nd day of April, 2001, serving a copy of the foregoing Notice to Plead and Defendants' Preliminary Objections to Plaintiff's Amended Complaint in Mortgage Foreclosure upon Plaintiffs counsel at the following address by first.. class U.S. mail, postage prepaid: Mark A. Denlinger, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 !di:~( ~-F Counsel for Defendants MIDPENN LEGAL SERVICES. 8 Irvine Row Carlisle, P A 17013 (717) 243..9400 .~~ '~~ ,. ^,,- L' ~(O)lr~ NOTICE OF INTENTION TO FORECLOSE MORTGAGE PURSUANT TO 41 Pa.C.S. 9403 ("Act 6," 1974, Jan. 30, P.L. 13, No.6, 9 403) DATE: JANUARY 22,2001 via Certified MaillRestricted Delivery .. Return Receipt Requested TO: GARY A. and DIANNA M. HIPPENSTEEL 243 NEIL ROAD SHIPPENSBURG, PENNSYLVANIA 17257 RE: INSTALLMENT SALES AGREEMENT DATED JANUARY 18, 1996. PREMISES: LOT NO. 23, PLAN OF WALNUT GROVE, RECORDED IN CUMBERLAND COUNTY AT PLAN BOOK, 41, PAGE 59, MORE PARTICULARLY DESCRIBED IN EXHIBIT A TO INSTALLMENT SALES AGREEMENT DATED JANUARY 18,1996, AND RECORDED ON MAY 9,1997, IN CUMBERLAND COUNTY AT MISCELLANEOUS BOOK 547, PAGE 260.. NOTICE OF INTENTION TO FORECLOSE INSTALLMENT SALES AGREEMENT/MORTGAGE The Installment Sales Agreement executed by you on January 18, 1996, and recorded! on May 9, ] 997, in Cumberland County at Miscellaneous Book 547, Page 260, in favor ofJohn H. Billman, and creating a lien on your property located at 243 Neil Road, Shippensburg, Pennsylvania 17257, known as Lot No. 23, Plan of Walnut Grove, recorded in Cwnberland County at Plan Book, 41, Page 59, IS IN DEFAULT because you have failed to make the monthly payments 0[$ 198.23 for the months of August, September, October, November, and December of 2000, and January, 2001, as required for a period of at least 30 days. Late charges (and other charges) have also accrued to this date in the amount of $ 742.56 . The total amount now required to cure this default or, in other words, to get caught up in your payments, as of the date ofthis letter, is $ 2.181.94 . YOU MAY CURE THIS DEF AUL T WITHIN THIRTY (30) DAYS OF THE DATE OF THISLETTER, by paying to Mr. Billman the above amount of $ 2.181.94 ,plus any additional monthly payments and late charges which may become due during the period. Such payment must be made either by cash, cashier's check, certified check or money order, and made payable to "John H. Billman." If you do not cure the default within thirty (30) days, Mr. Billman intends to exercise his right to enforce the Installment Sales Agreement and foreclose upon the property. This means that whatever is owing under the Installment Sales Agreement will be considered due immediately and you may lose the chance to pay off the original debt in monthly installments. If full payment of the Exhibit "B" .., " -. c'- amount of default is not made within thirty days, he also intends to instruct his attorneys to start a lawsuit to foreclose upon your mortgaged property. If the Installment Sales Agreement/mortgage is foreclosed, your property will be sold by the sheriff to payoff the mortgage debt. If Mr. Billman refers this matter to his attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorneys' fees, actually incurred, up to $ 250.00 . Any attorneys' fees will be added to whatever you owe Mr. Billman, which may also include his reasonable costs. If you cure the default within the thirty-day period, you will not be required to pay additional attorneys' fees. Mr. Billman may also sue you personally for the unpaid principal balance and all other sums due under the Installment Sales Agreement. If you have not cured the default within the thirty-day period, and foreclosure proceedings have begun, you have the right to cure the default and prevent the sale at any time up to one hour before the sheriffs foreclosure sale. You may do so by paying the total amount of the unpaid monthly payment plus any late or other charges then due, as well as the reasonable attorneys' fees and costs connected with the foreclosure sale (and perfonn any other requirements under the mortgage). It is estimated that the earliest date that such a sheriff's sale could be held would be approximately June, 2001. A notice of the date of the. sheriff's sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait You may find out at any time exactly what the required payment will be by calling our office at the following number: (717) 243-3341. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stilted above. You should realize that a sheriff's sale will el).d your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the sheriff's sale, a lawsuit could be started to eject you. You have additional rights to help protect your interest in the property. YOU HA VB THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE INSTALLMENT SALES AGREEMENTIMORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. (YOUMA Y HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE INSTALLMENT SALES AGREEMENT/MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE INSTALLMENT SALES AGREEMENT/MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEYS' FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE; AND THAT THE OTHER REQUIREMENTS UNDER THE INSTALLMENT SALES AGREEMENT/MORTGAGE ARE SATISFIED.) CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST. YOU HAVE THE RlGHTTOHA VETHIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. ~~.. ~ -. ~- -.. '-"'-""'. lInt<. If you cure the default, the Installment Sales Agreement/mortgage will be restored to the same position as ifno default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. MARTS ON DEARDORFF WILLIAMS & OTTO Attorneys for John H. Billman Date: January 22,2001 - . <Oompleti It';"~ t. item 4 if Restricted . . Print your name and a;" ,- " , ,~"tr'ftV so that we c;:an return t" ,ot"l&;.n I . Attach this card to the CK . e maUpiece, or on the front if space permits. 1. Article Addressed to: MM Gary Hippensteel 243 Neil Road Shippensburg, PA 17257 D_ Is delivery address dj t from item 11 If YES, enter delivery address below; 3. Se_Nice Type {J\CertiliedMail o Registered o Insured Mail o "Express Mail o . Return Receipt for Merchandise o C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number (Copy from service 'abet) 7099 3220 0009 1571 5~16 t PS'Form'3811:,'Ju~ ~999 - '~D~~~tlcRetlJrnReceiPt .. Jl r'I .. m 1Il r'I r- 1Il r'I a- D D D 0 ru ru ITI a- a- Cl r- Mr_ Pcstag& $ CertJfiedFee Return Receipt Fee fEndOlSernant Required) Restricted DerIVeI)' Fee (Endomement Required) Total Postage Ii Fees $ Gary HippensJeE!:C":-~-~,.. 31 \ I, I. '(0 /. -0 -:? )..6 Cc;{ .. Name (please Prinl Clearly) (fa be tompleted by maJle,., -..... ~.._~2}':__~~P~:'l:~~~_~_______..______.._____....___________. Street, Apt. No.; or PO Box No. 243 Neil Road if~~~~~;~~---~~-i72S7-""---------'--------------"--------- :If Exhibit "e" t&f Yes ... 10259S.00.~.H. ~ , i . '. ,~~~ ru=-" F:\FILES\DATAFILE\Gendoo.cur\86654-reply.! Created; 04123/01 08;55:04 AM ' I Revised: 04123/01 09:31:15 AM JOHN H. BILLMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -MORTGAGE FORECLOSURE GARY A. HIPPENSTEEL and DIANNA M. HIPPENSTEEL, Defendants NO. 2000-3350 CIVIL TERM PLAINTIFF'S REPLY TO DEFENDANTS' PRELIMINARY OBJECTIONS AND NOW, comes John H. Billman, by and through his attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and submits this Reply to Defendants' Preliminary Objections, and avers as follows: 1. Admitted. 2. Admitted. 3. Denied as stated. The Notice ofIntention to Foreclose Installment SalesIMortgage is a written document which speaks for itself, foe which no responsive pleading is required. If a response is required, or deemed required, Defendants' allegation is denied. Moreover, the Receipt for Certified Mail and Domestic Return Receipt are also written documents which speak for themselves for which no responsive pleading is required. If a response is required, or deemed required, Defendants' allegation is again denied. 4. Admitted in part, denied in part. Defendants' paragraph 4 recites, in part, a statutory provision under Pennsylvania law. While Plaintiff admits this is a portion of the statutory provision codified as 41 Penn. Stat. Section 403 (purdon's), it is denied that this provision is the full language of said statute. Moreover, the statute is a codified Pennsylvania law which speaks for itself, for which no responsive pleading is required. If a response is required, or deemed required, Defendants' allegation is denied. 5. Denied. Defendants' paragraph 5 is a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. If a response is required, or deemed required, Defendants' allegation is denied. 6. No response required. - -.~ , ~, - .~:if>! 7. Denied. Defendants' paragraph 7 is a conclusion oflaw to which no response is required under the PelIDsylvania Rules of Civil Procedure. If a response is required, or deemed required, Defendants' allegation is denied. 8. Denied. Defendants' paragraph 8 is a conclusion of law to which no response is required under the Pennsylvania Rules of Civil Procedure. If a response is required, or deemed required, Defendants' allegation is denied. WHEREFORE, Plaintiff respectfully requests Defendants' Preliminary Objections be dismissed and judgment entered in favor of the Plaintiff. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By Attorneys for Plaintiff Date: April 23, 2001 ^L""_L Jr, CERTIFICATE OF SERVICE I, Jacqueline A. Decker, an authorized agent of Marts on Deardorff Williams & Otto, hereby certify that a copy of the foregoing Plaintiff's Reply to Defendants' Preliminary Objections was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Philip C. Briganti, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 MARTSON DEARDORFF WILLIAMS & OTTO By~~~ObJ en East High Street Carlisle, P A 17013 (717) 243-3341 Dated: April 23, 2001 ,;'- ~, "- .-~'finlir -~-~,-~- "'~""l1irIl1io <;~~-sJ'~~~ ~~' ::"';.'~:jJ!_{;"J,,:: -r;:,,;;-.;;,,' ~i--" ,,:,;;,,,__,, ~ "~ ,,~_-W~"= -;..,~, -J C") c::> 0 :tJ~ - -n h --I rn81 .." ',- ~:J:j ::>::J ,;;f1iJJ ~ '" ~'Q8 w ~D: ~, ~;~~ l~ -0 ::Ji: ~"- ::a 0 ~JC) &;; - e5rn $ w ;g 0.. -<