HomeMy WebLinkAbout02-3279JOHN H. BILLMAN,
Plaintiff
GARY A. HIPPENSTEEL and
DIANNA M. HIPPENSTEEL,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. o,~ --~.~ ? g
:
- 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 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 plaintiff. 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
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, PA 17013
Telephone: (717) 249-3166
AVISO
Lc han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas
en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la
notification. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a
la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea
avisado que si usted no se defiende, la eorte tomara medidas y puede continuar la demanda en contra
suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y
requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o
sus propiedades u otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO. VAYA
EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
Telephone: (717) 249-3166
JOHN H. BILLMAN,
Plaintiff
V.
GARY A. HIPPENSTEEL and
DIANNA M HIPPENSTEEL,
Defendants
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
;
:
NO. t9~2..3 ov '7 ? - CIVIL TERM
COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, comes JOHN H. BILLMAN, by and through his attorneys, Salzmann,
DePaulis & Fishman, P.C., 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 Nell 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.
6. Defendant have been delinquent on their payment obligations under the said
Installment Sales Agreement since August 1999.
7. On or about July 21, 2000, Defendants made a partial payment of $3,000.00 to
Plaintiff, leaving an unpaid balance of $514.99 due and payable to Plaintiff under said
Installment Sales Agreement.
8. Defendants have failed to make payment of the said amount of $514.99 or to
make the payments due for the months of August 2000 to the present. Monthly payments are
$198.23, and late payments are $9.92 per month.
9. Defendants have failed to pay utility bills as required by the said Installment Sales
Agreement amounting to $598.00.
10. Defendants have failed to pay real estate taxes as required by the Installment
Sales Agreement amount to $260.01.
11. The current total sum due and owing under the Installment Sales Agreement as of
the date of filing is $6,045.64.
12. The following amounts are due on the Installment Sales Agreement as of June 12,
2002:
Outstanding monthly installments (August through December, 2000;
January 2001 through present - $198.23 per month)
Late Charges (August through December, 2000; January 2001
through present - $9.92 per month)
Balance as of July 21, 2000
Cumberland Franklin Joint Municipal Authority - unpaid utilities
through June 30, 2002
2000-01 School Taxes
2000 County/Township Real Estate Taxes (6 months)
2002 County/Township Taxes
$4,559.29
228.16
514.99
598.00
71.62
8.10
147.27
2002-03 School Real Estate Taxes (6 months)
Attorney's fees
TOTAL
73.64
250.00
$6,451.07
13. As the underlying Installment Sales Agreement was for less than Fifty Thousand
Dollars, Plaintiff provided Defendants with the notice required under 41 P.S.$ 403 (1974),
.lanuary 30, P.L. 13, No. 6 ,q 403. A true and accurate copy of the Notice of Intention to
Foreclosure on the Installment Sales Agreement/Mortgage is attached hereto as Exhibit "B".
Defendants' legal counsel, Phillip Briganti, Esquire, accepted service of said Notice on behalf of
Defendants. A copy of such acceptance of service is attached hereto as Exhibit "C".
14. Defendants are in default of Section 2, subparagraph B of the Installment Sales
Agreement, for failing to make payments.
15. 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."
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,
SALZMANN, DePAULIS & FISHMAN, P.C.
Steven J. Fishman, Esquire
Attorney ID No. 16269
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013
(717) 249-6333
Attorney for Plaintiff
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 unswom falsification to authorities, which provides that if I make knowingly
false averments, I may be subject to criminal penalties.
J~l H. Billman
CERTIFICATE OF SERVICE
I, Tricia L. Bailey, an authorized agent of Salzmann, DePaulis & Fishman, P.C., hereby
certify that a copy of the foregoing Complaint in Mortgage Foreclosure was served this date by
depositing same in the Post Office at Carlisle, Pennsylvania, first class mail, postage prepaid,
addressed as follows:
Mr. & Mrs. Gary A. Hippensteel
243 Neil Road
Shippensburg, PA 17257
Phillip C. Bfiganti, Esquire
Legal Services, Inc.
8 Irvine Row
Carlisle, PA 17013
SALZMANN, DePAULIS & FISHMAN, P.C.
Dated:
Tricia L. Bailey ~7 -
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013
(717) 249-6333
THIS AGREEMENT, made as of this ~ day of January, I996, by and between
JOHN H. BILLMAN, of RD #4, Newville, Cumberland County, Pennsylvania 17241
(hereinafter ret.erred 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 hereinaiter 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 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 Nme Hundred and no/100
($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 no/100 ($4,900.00) Dollars on the signing of this agreement,
receipt of which is hereby acknowledged; and
B. The balance of the purchase price, being Fifteen Thousand and no/100
$15,000.00) Dollars, in equal monthly installments of One Hundred Ninety-eight and
23/100 ($198.23) Dollars, said monthly installments commencing on February 18, 199(5.
Said monthly payments shall be applied first to imerest on the unpaid balance of the
purchase price at a rate often and no/100 percent (10.00%) per annum, and the balance
thereof applied to the reduction of the unpaid principal balance of the purchase price.
These monthly payments shall be due on the 18th day of each month subsequent to the
commencement date as stated herein. In the event that any monthly payment is not
received by the Seller on or before the fish ($th) 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 .l'anua~ 18, 2006, at which time the Seller agrees to
convey the Property in fee simple, by special warranty deed, fxee 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 fist 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 P~rchasers has made to the Property will be and
become the property of Seller as of the date ofdefauit and will remain with the ProperW.
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 Hrst 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 or' this Agreement.
6. Purchasers hereby assume all risk and responsibility ['or any accidents, injury or
damage to persons or property and to itself and any others on the Property. The Purchasers shall
defend, indemnity and hold harmless the Seller from and against all actual or potential claims,
demands, liabilities, damages, losses and out-of-pocket e~penses 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 Properly.
7. All real estate taxes with re~ard to the current year will be prorated as of the date
of the execution of this Agreement. Therea.qer, 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 aa 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. Therea~er, 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 (30) days, Seller may declare this Agreement to be terminated, retaining ail
payments made to that time as liquidated damages and in such event, the Prothonotary or any
attorney off any court of' record is hereby authorized to appear tbr and to confess judgment in an
applicable action or' ejectment against said Purchasers, their heirs and assigns and in favor of the
said Seller, his heirs and assigns tbr the Property and to direct the immediate issuing of a Writ of
Possession with Writ of Execution for 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
Agreement shall inure to and he binding upon the sBccessors 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
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.
15. 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 mall, return receipt requested, or delivered by express courier service. Ail
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
NEWVILLE PA 17241
Notice to Purchasers:
GARY A. HIPPENSTEEL
DIANNA M. HIPPENSTEEL
2,~.e NEIL RD
SHn~PENSBURG 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 aa may be able to be given with no reduction in the
purchase price or in terminating this Agreement and receiving a return of the downpayment paid
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:
JO,~ IL BHJ,MAN uS~le~'
· )
ALL 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 the centerline of Cleversburg Road at the corner of Lot No.
24 on plan of Walnut Grove; thence along the centerline of Cleversburg Road, North 29 degrees
58 minutes 04 seconds West. a distance of 4.96 feet to a point; thence along the same, by a curve
to the right having a radius of 2,430.00 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
172.41 feet to a point at other lands now or formerly of John H. Billman; thence along the latter,
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 05 minutes 29 seconds West, a distance of
171.85 feet to a point, the Place of BEGINNING.
CONTAINING 14,449.69 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 properly which HARRY OBERHOLTZER and 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 JEANETI'E M. BITNER, his wife, by
agreement dated June I, 1989, but which was seized by the Sheriff of Cumberland County,
Pennsylvania, R. THOMAS KLINE, in execution ofa judlpnant entered at No. 6119 Civil Term
1994, 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.
NOTICE OF INTENTION TO FORECLOSE MORTGAGE
PURSUANT TO 41 Pa. C.S. §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 DIANNE M. HIPPENSTEEL
243 NElL ROAD
SHIPPENSBURG, PENNSYLVANIA 17257
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, 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 Plan Book 41, Page 59, IS IN DEFAULT because you
have failed to make the monthly payments accruing to $514.99 as of July 21, 2000 and
$198.23 per month for the months of August 2000 through March 2002, 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 $178.44. 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 $5,450.95.
YOU MAY CURE THIS DEFAULT WITHIN THIRTY (30) DAYS OF THE
DATE OF THIS LETTER, by paying to Mr. Billman the above amount of $5,450.95,
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 mount of default is not made within
thirty (30) 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 sheriffto pay offthe 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 (30) 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. FI you have not cured the default
within the thirty-day (30) period, and foreclosure proceedings have begun, you have the
right to cure the default and prevent the sale at any time up to one (I) 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
attomeys' 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 a
sheriff's sale could be held would be approximately September 4, 2002. 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. Billman at the following
number: (717) 776-9322. 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 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
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 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 THIS DEBT.
(YOU MAY 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 RIGHT TO HAVE THIS DEFAULT 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 if no default had occurred. However, you are not entitled to this
fight to cure your default more than three times in any calendar year.
SALZMANN, DePAULIS & FI~JStt~N, P.C.
Steven J. Fishman
Attorney ID No. 16269
95 Alexander Spring Road, Suite A
Carlisle, PA 17013
(717) 249-6333
Attorney for John H. Billman
Stevekclients\BillmankAct 6 Notice
SA ZMA N, DEPAULIS & FISHMkN, P.C.:
G. BR'LM'q SALZMANN, ESQ.
STEVENJ. FISHMAN, ESQ.
ANN F. DEPAULIS, ESQ.
NORMAJ. BARTKO, ESQ.'
pAILMfl~GALS:
pAMELA R. KOHLg~
BARBARAJ. MOSIOR
LAURIE J. PORTER
TR1CIA L. BAILEY
95 ALEXANDERSPRING ROAD · SUffE3 · CARLISI~, PA 17013
(717) 249-6333 FAX (717) '249-7334
4,5,5 PHOENIX DRWE · SUITEA · CHAMBEI~SBt'RG, PA 17201
(717) 263-2121 F~X (717) 263-(}4563
105 NORTH FRONTSTREET · SUITE 401 · HARRISBURG, PA 17101
(717) 232-9420 FAX (717) 232-1970
April4,2002
840 EAST CHOCOLATE AX'ENtrE · HERSHEY, PA 17033
UU L:,u
Philip C. Briganti, Esquire
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
RE: Billman v. Hippensteel
No. 2000-3350 Civil Term
Dear Phil:
As per our discussion, enclosed please find the Notice of Intention to Foreclose Mortgage. I
have included one (1) copy each for Mr. & Mrs. Hippensteel.
Please confirm that you are accepting service of the Notice of Intention to Foreclose
Mortgage by signing and returning a copy of this letter.
Thank you for your cooperation.
Very truly yours,
SALZMANN, DePAULIS & FISHMAN, P.C.
SJF/ksb
cc: John H. Billman
I hereby accept services of the Notice of Intention to Foreclose Mortgage pursuant to 41 Pa.
C.S. {}403 on behalf of Gary A. Hippensteel and D~me M. Hippenstee_l.
Date Philip C,~Briganti, Esqui~
CONCENTRATING IN ENVIRONMENTALi LAND USE, BUSINESS, REAL ESTATE,
JOHN H. BILLMAN,
Plaintiff
GARY A. HIPPENSTEEL and
DIANNA M. HIPPENSTEEL
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION-MORTGAGE FORECLOSURE
:
: NO. 02-3279 - CIVIL TERM
PRAECIPE TO SATISFY AND DISCONTINUE
TO THE PROTHONOTARY:
Please mark the above-captioned case satisfied and discontinued.
Date:
Steven J. Fishman, Esquire
Attorney ID No. 16269
Salzmann, DePaulis & Fishman, P.C.
95 Alexander Spring Road, Suite 3
Carlisle, PA 17013
(717) 249-6333