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HomeMy WebLinkAbout01-06133 "', '~ , . BARBARA KIBLER, Executrix of IN THE COURT ESTATE OF WILLARD K. CHRISTMAN, : OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. LINDA FIGART, 1:t O/~ {h 133 C; v;\ Defendant Civil Action No. NOTICE To: Linda Figart 2409 Mimosa Place Wilmington, NC 28403 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you rnust 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 rnay 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 Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOUDO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 240-6200 ~/~ Richard E. Connell, Esq. ,!,,~ " ~^, ',-' T - - . . - [ ., 'II , ~~ "l1~ .. ~ BARBARA KIBLER, Executrix of IN THE COURT ESTATE OF WILLARD K. CHRISTMAN, : OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff vs. LINDAFIGART, Defendant #{j/-&/33 C1v~1 Civil Action No. COMPLAINT AND NOW, this ~/; tlday of ()d{)!Je~ QOOI comes the Plaintiff, Barbara Kibler, Executrix of the Estate of Willard K Christman, by her attorneys, BALL, MURREN & CONNELL, and files the following complaint against LINDA FIGART, the statement of which is as follows: 1. The Executrix, BARBARA KIBLER, filed an Application of Letters Testamentary with the Office of the Register of Wills, Cumberland County, Pennsylvania on or about October 5, 2000 and was duly appointed as Executrix of the Estate of Willard K Christman and has a residence address in Cumberland County at 7 Manor Drive, Mechanicsburg, PA 17055. 2. Defendant, LINDA FIGART, is an adult individual with residence address at 2409 Mimosa Place, Wilmington, North Carolina but who also holds title to real estate in Cumberland County, Pennsylvania known and nurnbered as 7 Belvedere Drive, Upper Allen Township, Cumberland County, Pennsylvania. '_''"'''''''''''J-:", ",- ~>- ,r-- :-:.- -:'" ~-':"I' " "':'--, )-"..-,:-, .". . n ::----- '-'-'r'i'!'\<i,_"'_I"1'. '. 3. On or about November 26, 2000, by written Agreement of Sale (a copy of which is attached hereto, rnarked Exhibit "A" and made a part hereof) Plaintiff agreed to sell and Defendant agreed to buy that real estate known and numbered as 7 Belvedere Drive, Upper Allen Township, Cumberland County, Pennsylvania. 4. On or about February 26, 2001, the parties hereto met in Camp Hill, Curnberland County, Pennsylvania for the purpose of completing the transaction at which time, Plaintiff delivered title by deed to the Defendant and Defendant paid $72,666.00 (which included the deposit made at the tirne of signing the Agreement referred to in paragraph 3) and promised to pay $71,331.59 to Plaintiff upon the sale of Defendant's property in Wilmington, North Carolina. 5. Defendant acknowledged at that time that a check which she wrote in the amount of $71,331.59 on February 26,2001 had no supporting funds and that she requested Plaintiff to hold the check until such time as Defendant's North Carolina property would sell and, at which time, she would pay Plaintiff in full. . 6. It is believed and therefore averred that the said check was delivered to Plaintiff along with a writing signed by Defendant (an unsigned copy of which is attached hereto, marked as Exhibit "B" and made a part hereof) taken from Settlement by Defendant and the originals or copies thereof cannot therefore be attached hereto. _"C''' , 1-- -~, -1'~-' ,,-, " " ~ , ' 0- .:' 'I" , -. :'-<''''j1r-. , , ,. ,_..' 7. Defendant sold her property in North Carolina and thereafter paid Plaintiff $45,000.00 of the amount due on the February 26, 2001 check and the underlying promise to pay. 8. However, Defendant has failed and refused and continues to fail and refuse, despite demands, to pay Plaintiff the outstanding amount of $26,331.59. WHEREFORE, Plaintiff dernands judgrnent against Defendant in the sum of $26,331.59 with interest if judgment is entered after December 31, 2001. QLQ Richard E. Connell, Es LD. # 21542 Attorney for Plaintiff Ball, Murren & Connell 2303 Market Street Camp Hill, PA 17011 (717) 232-8731 _"t9Wlf"! ,_.,J '1 ~,_ ~ --,~" ' I," , -' -' ! - ,~ ~ - ;-,~ - I' - _ e I: ' \ ,. .... /, VERIFICATION I, BARBARA KIBLER, verify that the statements in the foregoing document are true and correct. I understand that false staternents herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. :3~u:6Ma, {;~ BARBARA KIBLER, Executrix of Estate of Willard K. Christrnan Date: OctoberJK2001 ",,"~-.,, ~, '0-. ~ ~ ; _" _ ' ~,_ ,," . 1'" - EXHIBIT A '-,'i'f<:"""1~~ i ^_,_" ,_ r --" ~ - <",,- " I ~., , '~!l ~"II '. "" 1: " , " ." .\' - . AGBElJt~NT OF SALE THIS AGREEMENT made this ~ day of NW~I3d.., 2000, by and between BARBARA KIBLER as Executrix for the Estate of WILLARD R. CHRISTMAN late of Cumberland County, Pennsylvania, (hereinafter, called "Seller"), who hereby agrees to sell to LINDA FIGART, of Wilmington, North Carolina, (hereinafter called "Buyer"), who agrees to buy for the sum of ONE HUNDRED FORTY-FIVE THOUSAND ($ 145,000.00) DOLLARS the premises known and numbered as 7 Belvedere Drive, Upper Allen Township, Cumberland County, Pennsylvania. 1. TERMS. The sum of ONE THOUSAND FIVE HUNDRED ($ 1,500.00) DOLLARS has been received Buyer prior to the signing of this Agreement and its receipt is hereby acknowledged; the sum of ONE HUNDRED FORTY-THREE THOUSAND FIVE HUNDRED ($143,500.00) DOLLARS is due from Buyer at settlement. Time of settlement and delivery of the deed shall take place on or before the 31st day of January, 2001. Time is ofthe essence. The deposit money of ONE THOUSAND FIVE HUNDRED ($ 1,500.00) DOLLARS shall be held by Seller, who agrees to hold and disburse it as herein provided. At settlement, the deposit money shall be applied as part of the purchase price. Further provisions relating to the deposit are set forth at Paragraph 3.C. of this Agreement. 2. TITLE. Title is to be good and marketable; otherwise the Buyer shall be repaid the deposit money paid on account, unless title can be made good and marketable within thirty (30) days from above stated settlement date. Formal tender of executed deed and of the purchase money is hereby waived. ~'""'-$j"""!-~:I . __or -- ~- ~'~""""''''''F~~~ ~~''''1Il'1S! - . 3. STATUS OF TITLE. Premises are to be conveyed by the Executrice's deed free and clear of all liens and encumbrances excepting existing easements and building restrictions, ordinances, privileges or rights of public service companies, if any, or easements or restrictions visible upon the ground. 4. FIXTURES. ETC. All plumbing, heating and lighting fixtures (including chandeliers) and systems appurtenant thereto and forming a part thereof and other permanent fixtures, as well as all laundry tubs, T.V. antennas, masts and rotor systems, together with screens, storm sash and/or doors, shades, awnings, venetian blinds, couplings for automatic washers and dryers, radiator covers, cornices, kitchen cabinets, drapery rods, drapery rod hardware, curtain rods, curtain rod hardware, all trees, shrubbery, planting, now in or on property, unless specifically excepted in this Agreement, are included in the sale and purchase price. None of the. above mentioned items if presently at the prernises shall be removed by Seller after date of this Agreement. Seller hereby warrants to deliver good title to all the articles described in this paragraph, and any other fixtures or items of personalty specifically scheduled and to be included in this sale. 5. REAL ESTATE TAXES. Real estate taxes TO BE PRO-RATED AS FOLLOWS: County and Borough taxes to be prorated on a calendar year basis with any penalties and interest due thereon being assessed to the Seller. School taxes to be prorated on a fiscal year basis with any penalties and interest due thereon being assessed to the Seller. Water rent, and/or interest or encumbrances and all charges for trash services and other similar charges by a municipality, to be apportioned to date of settlement - 2 . "_.,"-,';"c~"~r'~'~_ r, ,,~ . '1 ,.~ ~ ,- ii l , 6. MUNICIPAL IMPROVEMENTS. Any and all municipal improvements made prior to the execution of this Agreement are to be paid for by Sellers on or before the closing. All subsequent municipal improvements shall be the sole responsibility ofthe Buyer. 7. ZONING AND MUNICIPAL ORDINANCES. It is the exclusive responsibility of the Buyer to examine all zoning and municipal ordinances as they may affect maintenance or intended use of the premises. 8. OTHER CHARGES TO SELLER. Seller hereby agrees to pay the following: 1. Cost of a new deed. 2. 1% Realty Transfer Tax. 3. Any and all attorney fees and costs incurred at settlement, if any, on behalf of Seller. 9. OTHER CHARGES TO BUYER. Buyer agrees to pay the following: 1. All fees and costs incurred in regard to title examination, mortgage and related documentation and other attorney fees and costs incurred on behalf of Buyer. 2. 1% Realty Transfer Tax 3. Recording costs. 10. MORTGAGE CONTINGENCY. IZI This sale is contingent upon conventional mortgage financing in an amount of $80,000 for a thirty (30) year term at a rate if interest not to exceed 7.75%. On or before the twenty-first (21st) date of this Agreement Buyer shall, at Buyer's expense, make prompt, diligent and truthful application in writing to a responsible mortgage lending institution for a first mortgage in the amount above stated for the term above stated and prevailing interest rates to finance part of the - 3 - -'""',',.';m""~~_'~, n- ~I - ,~- 1'r ~ -"~""'j-- ~V~C - " purchase price of the premIses. Should Buyer fail to make such completed application within the aforesaid twenty-one day period, Seller shall have the right (at its sole discretion and option) exercisable within thirty (30) days from the date of this Agreement to (i) declare this Agreement null and void, at which time the deposit monies will be retained by Seller as liquidated damages, or (ii) continue this Agreement in full force and effect according to its terms. If, on or before the forty- fifth (45th) day following this Agreement and notwithstanding the timely application of Buyer's, Buyer's application for a mortgage has been rejected by a responsible lending institution, Buyer may notify Seller in writing of Buyer's . election to terminate this Agreement, provided that such notice, to be effective hereunder, must be received by Seller no later than the close of business on the 50th day following the date of this Agreement. After receipt of Buyer's timely notice of intention to terminate, Seller shall return all deposit monies to Buyer and, in such event, this Agreement shall be terminated and of no further force and effect. Upon Buyer's receipt of a written commitment for the mortgage, Buyer shall promptly furnish copy thereof to Seller. If Seller has not received a copy of such commitment on or before the forty-fifth (45th) day following the date of this Agreement, Seller may (at its option) terminate this Agreement by written notice to Buyer and return the deposit monies to the Buyer, and in such event, this Agreement shall be terminated and of no further force and effect. 11. RADON WAIVER. Buyer acknowledges that Seller has' made no representation nor warranty with regard to radon levels at the premises, and the parties agree to forego any radon testing. The parties further agree that the radon level which may exist at any time at any portion of the premises is not a material fact or condition in regard .to this Agreement. - 4 - ,"-:- ., .., , ~ -,~,~" ,--- ~"'-"'--= , .' 12. PEST INSPECTION WAIVER. . Buyer waives any opportunity to obtain a wood infestation inspection being fully aware that such inspection is typically required. The issue of wood infestation is not a material fact in regard to this Agreement. 13. INSPECTIONS. Seller hereby agrees to permit inspections by authorized appraisers, reputable certifiers, insurance representatives, surveyors, municipal officials, and/or Buyer as may be required by a lending institution. 14. RESIDENTIAL LEAD BASED PAINT HAZARD REDUCTION NOTICE REQUIRED FOR PROPERTIES BUILT BEFORE 1978. Seller represents that Seller has no knowledge concerning the presence of lead based paint and/or lead based paint hazards in or about the property. It has no reports or records pertaining to lead based paint and/or lead based paint hazards in or about the property. Buyer acknowledges that before Buyer is obligated to buy a residential dwelling built before 1978, Buyer has a ten (10) day period (unless Buyer and Seller agree in writing to a different period of time) to conduct a risk assessment or an inspection of the property for the presence of lead based paint and/or lead based paint hazards. Buyer understands that Buyer has the right to conduct lead based paint risk assessment or inspection of the property and hereby waives this right and releases Seller, its agents, successors, or assignees from any and all claims, losses, or demands including but not limited to personal injuries and property damage and all of the consequences thereof, whether now known or not, which may arise from the presence of termites or other wood boring insects, radon, lead based paint hazard. This release shall survive settlement. 15. MISCELLANEOUS. A. It is understood by and between the parties hereto that this Agreement shall not be logged in any public office for record. - 5 - f,/.r'~~,lp;-.l"'; ,,' , ~~":",,,",' . . . B. Risk of loss by fireandlor other casualty shall be the responsibility of Seller until the date of closing. In: the event the premises are substantially damaged by fire, Buyer shall have the right to rescind this sale and demand return of deposit money, less any expenses incurred on behalf of Buyer. C. DEFAULT. The said time for settlement and all other times referred to for the performance of any of the obligations of this Agreement are hereby agreed to be of the essence of this Agreement. Should the Buyer: (a) Fail to make any additional payments as specified in paragraph #1; (b) Furnish false or incomplete information to the Seller; or (c) Violate or fail to fulfill and perform any of the terms or conditions ofthis Agreement; then, in any such event, all deposit money and other sums paid by the Buyer on account of the purchase price may be retained by the Seller: (1) on account of the purchase, or (2) as monies to be applied to the Seller's damages, or (3) as liquidated damages for such breach, as the Seller may elect, and in the event that the Seller elects to retain the monies as liquidated damages in accordance with this paragraph, the Seller shall be released from all liability and obligations and this Agreement shall be NULL AND VOID and all copies will be . returned to the Seller for cancellation. D. It is understood and agreed except as herein noted that the premises have been inspected by the Buyer or a duly authorized agent for Buyer, or that Buyer has waived the right to do so, that the same is and has been purchased as a result of such inspection and in the present condition, i.e., "AS IS", and not in reliance .upon any representation or warranty made by Seller and that Seller shall not be responsible or liable for any agreement, condition or stipulation not particularly set forth herein relating to or affecting the physical condition of the said premises, or the operational condition of any equipment, appliances or other functional items. Buyer or Buyer's duly authorized agents shall have the right to inspect the - 6 - T1~~T4'Wll""'~<"!",,, ,~" , ~ , ~ , I '1' '"', ......"".. ~,~ -f)JJ;1.~~~ " I premises within the 48 hours preceding closing and failure to do so shall be deemed a waiver of such right. E. Buyer has received from Seller a Seller's Property Disclosure Statement (a copy of which is attached hereto and made a part hereof) pertaining to the premises. The Statement by, Seller has not been completed as the Seller is the Estate and the Executrix of the Estate does not have the level of personal knowledge relating to the premises which would be needed to cotnplete the statement. F. Seller and Buyer warrant that no real estate broker or agent was instrumental or involved in any way in this transaction. The Seller and Buyer shall hold each other harmless from the payment of any real estate commissions arising out of the sale of the property herein described. G. All erasures and/or corrections (if any) were made prior to signing by parties hereto. H. Any subsequent changes must be initialed by Buyer and Seller. This Agreement extends to and is binding upon the heirs, administrators and assigns of the parties hereto. I. The Agreement contains the whole Agreement between the parties and there are no other terms, obligations, covenants,. representations, statements or conditions, oral or otherwise, of any kind, whatsoever and it may not be altered, amended or modified other than in writing executed by the parties hereto. - 7 - _"f~~m3 _"~,~,>" .. . !t JI. IN WITNESS WHEREOF, the parties hereto intending to be legally bound, do hereby set their hands and seals on the date first above written. WITNESS: /> /~ ~., , -.. WITNESS: ~~ (\). 'w\'-+~ . 1 SELLER: ESTATE OF WILLARD R. CHRISTMAN ~/Rrua t:1Iu By: BARBARA KIBLER BUYER: JJi!jr!a B.~+ LINDA FIG - 8 - - r_ ,,)!~W$<!l'~'~" EXHIBIT B , + - < ~ "" . , , ". . ..." ," 'r " ~ f"'"'"X .. , . .' February 27, 2001 Barbara Kibler Executrix for the Estate of Willard K. Christman 7 Manor Drive Mechanicsburg, P A 17055 Dear Barbara: On this day February 27, 2001, I deliver to you a check in the amount of Seventy-One Thousand Three Hundred Thirty-One ($71,331.59) Dollars and fifty- nine cents, representing the cash due at settlernent to complete the purchase from the estate of your late father's house. As you know, there are not funds to cover this check at this time, but, in order to cornplete the transaction and to satisfy the requirements imposed upon me by my lending institution Citimortgage, Inc. and Commonwealth Land Title, this check must be delivered to you for the transaction to be completed. I affirrn by this letter to you that I owe the estate Seventy-One Thousand Three Hundred Thirty-One ($71.331.59) Dollars and fifty-nine cents and promise to pay that amount upon the sale of my property in Wilmington, North Carolina, or as such funds otherwise become available to me. In any event, I promise to pay this amount no later than December 31, 2001 and agree that, if it is not paid at that time, interest will begin to accrue at the rate of six (6%) percent per annurn on the unpaid balance. Very truly yours, Linda Figart :-!~l1l1'l!i > " ~\ I '- . '1 ' ,[ ~~ -:::::~ ~o .1) '. - . ~ - -t::. -t::::. , 11 ~ n""flIlU I i Iftrtir'llltl" , ~ ~ ~~ 'f5 -tJ. t:;1 ~ ~~ .:-- @ (') ~.:':') ;;: C::J ;) r:.:- .,\ n" "f - Z ::J_'_' . , " .) '-;-;' '~') (" . .s , (:J ~~ :r.;-'" ; : "'-'- c . C) ..,...::. "---'1 >- c:: u f , \ 2: -:...,) :;j _.~ ::Cl -< -< ~ s ~ ..., ~ ,:/ ~ ~ '2 Z; ~. ^^, '_ ",' "1" ~,fn1'- "_,,,,~~~'?'~~~!tI'~Wfu'm;'J''&R',r'fi1,''8~-''W~j;~-;<,~5H~'~~~~~~~~''fj'ii!!')l''t!:,~w,!f!!i~fiR~r~JiW-f'-l<' ~, ,-'-'.~+"'"1""'0"-"!_""!'l'"1 DE~ 2001 .' ..' BARBARA KIBLER, Executrix for Estate of Willard Christman, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ,;;~ ~ Plaintiff v. LINDA FIGART, Defendant Civil Action No. 01-6133 AGREEMENT FOR ENTRY OF JUDGMENT AND NOW, this ~ ""'-' day of j)~ ,,Jodi , it is hereby agreed between the parties that judgment be entered in this action in favor of Plaintiff, Estate of Willard Christman, and against Defendant, LINDA FIGART, for the surn of $26,331.59 with interest after the date hereof at the rate of six (6%) percent until paid. Costs to be paid by the Defendant; AC::1@ lluda;E. fl~1=- LINDA FIGART, pro Dated: 1.2 [3 {(j / North Carolina New Hanover county J. Approved by t / ( I, Lynette T. Farmer, a Notary Public for said County and State, do hereby certi fy that Li nda Figart personally appeared before me this day and acknowledged the du~ execution of the foregoing instrument. /:1./03/0/ of~ Tt~ ....... My CommiSS~ ~ Expires On 0 os: () 0 LJ!!J", ., ., ",' ~I , " ri\li oc '~!iiIljrtti@lId-i(~~~~i_liit~ . ;;';ci:;"g~l""lln~'~~ff.ili%;H4ii;t~-~!liit~JIta"""~l7i('ft'-'- ~'J'<' :'~~~:~~~1 >w l' "" "'''\II' "".-,,. .-b_ ~ ,,-, Tun -- -~ :<(~)~::~fRGt~ , J,,,'n"')'''R ""',/:"\-L., I,:';, y (.. ,., lJi lJf:'r27 I.v Afj 10: 04 C"I"".... Uf{'-j{..", ii, iL......Hu\I.,,ji' n PENNsyL\IAN~UNTY II 9. CJo Pd?, Ba.1I ~ I l'Iu..R~ ~ " IilI trre. LL . ch fF .3:2 /93 R.ec..#= /.1() j()0 \ '\ ,-' '~.i;< t:C: (_~,,! ,_ '\" '0 ,- '<-- 0 .. .. /.,..,..,.1 ;....',.~,.:. .. 1- /' .. 00+ice 0\0-'\ 1 ~d ;"..:~!J~ "~ -"--."'" (,) '- , ts 8Ij f!~lJUJ~JtL.)"~[J;";:~_,,P,, ,___<~____."JILj_ JII>"f"':O_"J',"''''''"'":0"'_,,,",,~,~,'A<''te''''y, >O"'h \."~,,'~,."""", s:" ___..~^,," _" _, ", 0_. ,~ . li'~' - .' BARBARA KIBLER, Executrix for Estate of Willard Christman, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Plaintiff v. LINDA FIGART, Defendant Civil Action No. 01-6133 ACKNOWLEDGMENT OF SATISFACTION OF JUDGMENT I, RICHARD E. CONNELL, attorney for the above named Plaintiff, do hereby acknowledge that, on behalf of the Plaintiff, payment due her has been received, upon the judgment entered against Defendant on December 3, 2001, said payment representing the debt, interest and costs; and on behalf of the Plaintiff, do hereby request and authorize the Prothonotary to enter Satisfaction upon the record. "M.. WITNESS my hand and seal this the d4/ day of January, 2002. WITNESS: ~. . ~(SEAL) RICHARD E. CONNELL, ESQ. LD. # 21542 Attorney for the Plaintiff, Barbara Kibler, Executrix of the Estate of Willard Christman 8'f8-~ Ball, Murren & Connell 2303 Market Street Camp Hill, PA 17011 (717) 232-8731 ttvb-o :ti 5'03 'ID 7 '~,W,<P_f;ll~ll1J, _:'_'~'-'_<,'< -"<'" -,- 1>-1' ,"~ -, I" ."" ~. ,'_ r''f'" -, -, d, "- '~," ''',"' c '~~D:~;;>~' ;J>v~."'"''''-'''-~<k'' ~-'~li\i liT' "t- : mYTi-t;l~'~"lif;~'1i"~'l5:f'''t'*c~~ l~1i""nf'it(41'*f{I' ';~ii}'!"'J~ 0 D 0 C N -n "" ,- .~ vce ?~ m" 2::-1) .- ZC t.v ~.:' ~~;~ c:; "', ."-., ~- ,_. c.' -r. ~ ~~: '. 4 f'~'" "--";;: () 5> (:') ? C5rn c: ~ Z N ,~ :t '"0 (:;) "< E5 Br "'-, __~,"__ , ',",q_"",,- ~~"_",,,,,_,_~,", y-, l" ~~Iijl'lf!)!\n"- ~-'---',~. ~_.L ""~1)~~_' _~_-'~ ~~~;~!'~~~"'f.':-i'j':'~-3'f,!,f'--rij;-":i',;(e~'W,-j');Nt'J\<:"-';~~';\:'Y:rn1i\'-;-'f,f;~~;'Ht-f\)'E:"!;~'W.tM~"iil!jii:~~~~/,