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HomeMy WebLinkAbout97-00126 " ~ ~ ~ i;; < \J .~ ::t '1 > <- ci f '- c<"l -- ~ .,:) , / ~ JOHN H. BILLMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW ~ NO. 97- Idlo CIVIL TERM V5. GARY A. HIPPENSTEEL and DIANNA M. HIPPENSTEEL, Defendants : IN MORTGAGE FORECLOSURE ~ NOW comes the plaintiff, by his attorney, Harold S. Irwin, lII, Esquire and files this complaint. representing as follows: \. The plaintiff is John H. Billman, an adult individual residing at R. D. #4, Newville, Cumberland County, Pennsylvania 17241, 2. The defendants are Gary A. Hippensteel and Dianna M. Hippensteel, his wife, adult individuals residing at 243 Neil Road, Shippensburg, Cumberland County, Pennsylvania 17257, 3, On January 18, 1996, defendants executed and delivered an installment sales agreement, a copy of which is incorporated herein, attached hereto and made a part hereof as Exhibit "A", to plaintiff, secured upon the premises more particularly described in Exhibit "A". 4. That default has been made in the terms and conditions of the agreement in that defendants have failed to pay installments of interest and principal due on the eighteenth day of June, 1996, and the eighteenth day of each month thereafter, as well as various real estate tax bills, in violation of the terms of the agreement. 5. That the entire condition, money or sum of $15,000.00 has become due and payable, together with interest at Ten and no/IOO (10.00%) percent per annum and attorney's commission of at least 5% for the collection of said sum in accordance with the terms of the agreement, less such sums as have been paid on account of principal of the agreement. 6. That no judgment has been entered upon said agreement in any jurisdiction. 7. That the defendants are not engaged in the federal services or on active or inactive duty in the United States Army, Navy, Coast Guard, Marine Corps nor are defendants active members of the armed forces of any state or territory of the United States of America, nor engaged in any way which would bring the defendants within the provisions of the Soldiers' and Sailors' Civil Relief Act approved October 18, 1940, as amended. 8, That the plaintiff has complied with the requirements of the Act of Assembly dated January 30, 1074, known as Act No, 6, 1974, with respect to notice of intention to foreclose to the defendants, and Act No, 9 I, 1984, with respect to credit counseling, and the defendants have failed to reinstate their agreement in accordance with the provisions thereof. l). That the following amounts arc due on the agreement: Principal of Agreement Interest to December 31, 1996 Late Charges to December 31, 1996 Attorney Fees Total Due S 14,703.39 912.54 69.37 750.00 516,435.30, plus real estate taxes. WHEREFORE, plaintiff demands judgment against defendants in the sum of Sixteen Thousand Four Hundred Thirty-five and 30/100 ($16,435.30) Dollars, plus interest and late charges from December 31. 1996 and all unpaid real estate taxes to the date of final payment. (~~ r! January (, 1997 HAROLD S.IRWIN Attorney for plaintif 35 East High Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 ~ I hereby verify that I am the plaintiff in this action and that the facts in slated in the above complaint are true and correct. I understand that false statements herein are made subject to the penalties of Pa.C.S. Section 4904. relating to unsworn falsification to authorities, t' January ---L-. 1<J<J7 (._----.~ ~ ~HN 'H. BILLMAN i I TUlS AGREEMENT. made as of this .Jii day of January. 1996, by and between JOliN II. BILLMAN. of R.D #-1, Newville, Cumberland County, Pennsylvania 17241 (hereinal\er referred to as "SELLER"). and GARY A. IIIPPENSTEEL and DIANNA M. IIIPPE~STEF.L. of 1172 :\kans Hollow Road. Shippensburg. Cumberland County, Pennsylvania 17257 (hereinal\er referred to as "PURCHASERS"), NOW TUlS 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: I. Seller agrees to sell, grant and convey unto the Purchasers, and Purchasers agree to purchase and accept the conveyance of the property situate in Southampton 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 "A", attached hereto and made a part hereof. 2. Purchasers agree to pay the sum of Nineteen Thousand Nine Hundred and noli 00 ($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 noli 00 ($4,900.00) Dollars on the signing of this agreement, receipt of which is hereby acknowledged; and D. The balan,e of the purchase price, being Fil\een Thousand and nol100 ($15.000.00) Dollars, in equal monthly installments of One Hundred Ninety-eight and 23/100 ($19823) Dollars. said monthly installments commencing on February 18, 1996, Said monthly payments shall be applied Iirst to interest on the unpaid balance of the purchase pri,e at a rate ofTen Jnd nollOO per,ent (10.00%) per annum, and the balance thereof applied to the redu'lIon of the unpaid principal balan,e of the purchase price, These monthly payments shall be due on the 18th day of ea,h month subsequent to the commencement date as stated herein. In the event that any montWy payment is not received by the Seller on or before the fifth (5th) day 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 I\Irchasers 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, 2 /. ~ said insurance to be carried in the name of Seller, loss payable lirst 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 lor any accidents. injury or damage to persons or property and to itself and any others on the Property, The Purchasers shall de/end, 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 real 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 performed 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. 3 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 terminated, retaining all payments made to that time as liquidated damages and in such event. the Prothonotary or any atlorney of any court of record is hereby authorized to appear lor and to confess judgment in an applicable aCllon of ejectment against said Purchasers. their heirs and assigns and in lavor of the said Seller. his heirs and assigns lor the Property and to direct the immediate issuing of a Writ of Possession with Writ of Execution lor costs, including attorneys' fee of at least five percent (5%) of the unpaid balance of the purchase price, without notice and without asking leave of Court, or at the 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 Agreemellt shall inure to and be binding upon the Sllccessors 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 terms, 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 4 ~ l " , t .. r 'I ! " 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 /inal settlement is not completed by Purchasers IN WITNESS WIIEREO~', the parties hereto, being duly authorized to enter into this Agreement, have executed the same as of the day and year /irst above written, WITNESS: ~~ ~04~ 9~~, (SEAL) "Seller" rRi~ ,1 ~~ (SEAL) GAR A. 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