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HomeMy WebLinkAbout94-07065 pd\caa\hildbrnt.p'9\1~~14 ( PEIFER & GROSS, INC., ROBERT E. GOODLING and JUDY S. GOODLING, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. \". CURT L. HILDEBRANDT and SUZANNE E. HILDEBRANDT, Defsndants CIVIL ACTION LAW COMPLAINT Count I AND NOW come the plaintiffs, Peifer & Gross, Inc., Robert E. Goodling and Judy S. Goodling, by and through ~heir attorneys, Stone LaFaver & Stone, and set forth the following: 1. The plaintiffs are Peifer & Gross, Inc., a Pennsylvania corporation having its principal place of business at 4740 Delbrook Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 and Robert E. Goodling and Judy S. Goodling, adult individuals. 2. The defendants are Curt L. Hildebrandt and Suzanne E. Hildebrandt, adult individuals residing at 622 Mill Race Court, unit 39, Carlisle, Cumberland County, Pennsylvania 17013. 3. On or about June 7, 1993, the plaintiffs entered into a written sales agreement with the defendants whereby plaintiffs agreed to sell and convey to defendants and defendants agreed to purchase from the plaintiffs all that condominium unit, including common element interest, known as Unit 39, 622 Mill Race Court, Carlisle, Cumberland County, Pennsylvania, in accordance with th~ terms set -1- '. ~ . forth therein. A true and correct copy of the sales agrsement is attached hereto as Exhibit "A" and incorporated by reference herein as though fully set forth at length. 4. The defendants have defaulted under the terms of the sales agreement by failing to make payments as required therein. The total amount of defendants' delinquency for monthly payments and late fees under the Balsa agreement as of the date of this compl~int is , $3,548.16, being the monthly payments due for the months of April, May, June, July, August, September, October, November and December 1994, plus accrued late charges. 5. The plaintiffs have given written notice of default to the defendants aa required under the sales agreement. True and correct copies of Act 6 and Act 91 notices provided to the defendants are attached hereto as Exhibit "B" and incorporated by reference herein. Further, the notices were mailed to the defendants by certified mail, return receipt requested and a copy of the return receipt card signed by the defendants is attached hereto as Exhibit "C" and incorporated by reference herein. 6. The defendants did apply for Homeowners Emergency Mortgage Assistance through the Pennsylvania Housing Finance Agency, however, the application of the defendants was denied. A true and correct copy of the notice of denial of the defendants' application is attached hereto as Exhibit "0" and incorporated by reference herein. 7. The amount due and owing to the plaintiffs as of the date of this complaint is as follows: -2- . 12. A true and correct copy of the legal description for the property subject to the installment sales agreement is attached hereto as Exhibit "E" and incorporated by reference herein. 13. The plaintiffs herein acquired title to the premises by virtue of a deed dated February 13, 1989, recorded in Cumberland County Deed Book U, Volume 33, Page 966. The plaintiffs submitted the property to the condominium form of ownership by filing a declaration in the Office of the Recorder of Deeds of Cumberland County, Penn- sylvania. The declaration being recorded in Cumberland County Miscel- laneous Book 386, Page 889, as amended. 14. By virtue of the forgoing default, the plaintiffs are entitled to possession of the premises described in the installment sales agreement and demand that an order be entered by this Court terminating the rights of the defendants under the installment sales agreement. WHEREFORE, plaintiffs demand judgment in ejectment for posses- sion of the above described premises as authoriz~d by the installment sales agreement. Respectfully submitted, STONE LaFAVER & STONE ByAL:~ &/feAb- , GERALD . SHEKLETSKI, ESQUIRE Supreme Court '40486 414 Bridge St., P.O. Box E New Cumberland, PA 17070 Telephone (717) 774-7435 ATTORNEYS FOR PLAINTIFFS -4- AGREEMENT 7 -r" THIS AGREEHEHT,made this _ day of \JUNe , 1993, by and between PEIFER' GROSS, INC., a Pennsylvania corporation, and ROBERT E. GOODLING and JUDY S. GOODLING, husband and wife, parties of the first part, hereinafter called "Seller", and CURT L. HILDEBRANDT and SUZANNE E. HILDEBRANDT, parties of the second part, hereinafter called "Buyer", WIT H E S S B T HI The parties hereto, intending to be legally bound, hereby promise, declare and agree as follows I 1. Seller agrees to sell and convey to Buyer and Buyer agrees to purchase all that condominium unit set forth and described on Exhibit "A" known as unit No. 39, 622 Mill Race Court, Carlisle, Cumberland County, Pennsylvania, for the purchase price of Forty-nine Thousand Nine Hundred and NO/100 ($49,900.00) Dollars to be paid as follows I a. Three Thousand and NO/100 ($3,000.00) Dollars, the receipt of which is hereby acknowledged at or before the signing of this agreement. b. The balance of Forty-six Thousand Nine Hundred and NO/100 ($46,900.00) Dollars shall be paid three (3) years from the date hereof and in the interim payments on account of principal, together with interest on the unpaid principal balance at the rate of -1- EXIIIDT'r "A" ---.,--.-. " '., nine (9\) percent per annum shall be paid in monthly inetallmente of -- ---., ~...._. -~. ...._-~... - Three Hundred Seventy-seven and 37/100 ($377.37) Dollars, each shall be paid with the first payment being due on the 10,11 day of .j~,- -/ , 1993, and continuing on the SaIDe day of each month thereafter until principal and interest are fully paid. The provision for monthly payments of principal and interest shall not be construed to affect the maturity date of this obligation. 2. Buyer agrees to pay a late charge equal to five (5\1 percent of the monthly payment for any monthly payment received by the Seller more than ten (10) days after the due date. 3. Buyer agrees not to assign its interest in this agreement, whether by deed, articles of agreement, lease with option to purchase, or otherwise, unless the written consent of Seller is obtained, which consent will not be unreasonably withheld, and any such assignment or attempted assignment will cause the entire balance due under this agreement to be due and payable at the option of the Seller. 4. Buyer agrees to pay all taxes levied upon the said premises from and after the date hereof. Buyer further agrees to pay in addition to the monthly payments provided for herein a tax escrow equal to one-twelfth of the real estate taxes levied on the premises. Seller shall collect and hold the monthly payments on account of real estate taxes in ascrow and shall pay the local and school real estate taxes out of that escrow account promptly when due. Failure to pay the monthly escrows as provided herein shall constitute a default -2- hereunder. Buyer shall further pay all condominium aBse8sments levied on the premieee from and after the date of eettlement. Failure to pay the condominium aesessment ehall constitute a default hereunder. In accordancee with the terme of the condominium documents, the Condomin- ium Unit Aeeociation ehall maintain fire insurance on the condominum unit but not on its contente or improvements. It shall be the Buyer's reeponeibility to maintain insurance on the contents of and improvemente to the unit. 5. Upon the payment of the purchase price, Seller will, at the law offices of Stone LaFaver , Stone, 414 Bridge Street, New Cumberland, pennsylvania, make, execute and deliver to Buyer a good and eufficient deed for the proper conveying and assuring of the eaid premiees in fee simple, free and clear of all encumbrances, liens and dower or right of dower, said conveyance to contain the usual cove- nants of a special warranty except for utility easements and any other iteme of record in the County Courthouee which do not unreasonably interfere with the preeent use of the premises. The title to said premises shall be record title, good and marketable as aforesaid for at leaet fifty (50) years and such as will be insured by any reputable title ineurance company at regular ratee. 6. The sale includes whatever the electric, heating, plumbing, fixtures, systems and equipment and all other fixturee permanently affixed as attached to the premises and the following iteme: refrigerator. -3- 7. All realty transfer taxes in effect at~.~~-------\ settlement and levied by the commonwsalth of pennsylvania or any political subdivision thereof shall be divided equally between the , , Seller and the Buyer. B. Buyer shall maintain all buildings and improvements on the said premiees in good and subetantial repair and the Seller shall havo the right to enter upon the said premises at any reasonable hour for the purpose of inspecting the order, condition and repair of the buildings. 9. Seller represents and warrants that no notice from any governmental authority has been issued or served upon the premises or any occupant thereof or upon Seller, or Seller's agent, calling attention to any violation of any building, fire, safety or other ordinances or requiring or calling attention to the need for any curbing, recurbing, paving, repaving or other construction or improve- ments on or about the premises or the removal of any nuisance there- from. 10. In the event fire or storm damages to the premises should occur, all monies received therefor from any insurance company shall be applied first to reasonable repair of said damages and monies in excess thereof to be paid to Seller to be applied to the unpaid purchase price and to the extent thsreof. 11. The sig~ing of this agreement by both the Buyer and the Seller shall place the terms hereof into effect despite the failure of -4- ____ __ ._..___~_ u" ___._.___.___ _ either or both parties to notify the other of their or ''It.'acceptance of this agreement. 12. This agreement contains the whole agreement between the parties and there are no other terms, obligations, covenants, repre- sentations, 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 partles hereto. 13. Failure of Seller to insist on strict performance by Buyer of the terms of this agreement, shall not be construed as a waiver, release or relinquishment thereof. 14. In the event that any defects exist that would not make the title to the premises good and marketable as herein provided, Seller shall have a reasonable time to correct same after being apprised thereof by the Buyer. 15. All payments, notices and documents required by this agreement shall be sufficiently delivered, if mailed by certified mail, postage prepaid, return receipt requested or personally delivered to one of the parties to this agreement as follows I (a) To Seller addressed as followsl Peifer' Gross, Inc. Robert E. Goodling and Judy S. Goodling 722 Limekiln Road New cumberland, PA 17070 (b) To Buyer addressed as followSI Curt L. Hildebrandt and Suzanne E. Hildebrandt 622 Mill Race Court Carlisle, PA 17013 -5- or at such other addresses at which the other party r~cerve.--Wrttt.n--' notice. 16. Buyer agrees that he has inspected the premises herein involved and no representations have been made by the Seller as the condition of the land. The premises are purchased in the present condition. 17. Formal tender of an executed deed and of the purchase money is hereby waived. lB. Whenever used herein the singular number shall include the plural and the plural shall include the slngular and the use of any gender shall include all genders and the words Seller and Buyer wherever used shall include their heirs, executors, administrators, successors and assigns, except where otherwise herein provided. The obligations, responsibilities and liabilities of the Buyer shall be both joint and several. 19. No delay or omission of either party thereto to exercise any right or power accruing upon any non-compliance or default by the other party with respect to any of the terms, covenants or conditions of this agreement shall impair any such right or power or be construed to be a waiver thereof. 20. In the event that Buyer defaults in the performance of this agreement, the Seller shall give the Buyer thirty (30) days written notice of the default. The Buyer shall have thirty (30) days after the mailing of the notice within which to cure the default. In the event that the Buyer fails to cure the default within the said -6- thirty (30) day period, the Seller may exercise the remedies set forth below. --_.,~.._. 21. In the event of default by the Buyer in the payment of any sum of principal or interest herein agreed to be paid after the same shall become due and payable by the terms hereof, or in case of the breach of any other of the terms of this agreement, after notice of default has been given as provided for above, and if the default has not been cured within the thirty (30) days provided for above, the Seller shall have the option to retain all monies theretofore paid to Seller by Buyer as liquidated damages and to terminate this agreement with the Buyer thereafter having no interest whatsoever in this agreement, and the premises herein described shall be the property of Seller and Buyer shall pay to Seller upon demand of Seller, the reasonable cost of placing the premiees in the same condition as they are at the time hereof except for ordinary wear and tear with the right of possession to immediately vest in Seller. 22. In case of any default after notice and opportunity to cure the default as aforesaid, the Buyer hereby authorize~ and- empowers any attorney or Prothonotary of any court of record to appear and confess judgment against the Buyer in an amicable action of ejectment for said premises and authorize the immediate issuing, (without asking leave of court) of a Writ of possession, with Writ of Execution for the amount of costs, with an attorney's commission of five (5%) percent or Five Hundred ($500.00) Dollars, whichever is greaterl in each case waiving the benefit of any law exempting -7- property from levy and sale, waiving the right of inquis'It:loi\"'U'levy \ is made on land and consenting to condemnation thereof with liberty to \ sell sarne on a Writ of Execution, without any stay of execution, and with release of all errors, 23, In case of default after notice and opportunity to cure the default as aforesaid, the Seller may, in lieu of retaining the property and in addition to retaining the funds already paid by the Buyer collect the entire unpaid balance due under this agreement together with an attorneys commisuion of five (5%) percent or Five Hundred ($500.00) Dollars whichever is greater. 24, This agree~ent shall not be recorded in the Offica of the Recorder of Deeds of any county and any attempt to record the sarns shall constitute a default hereunder. IU WITNESS WHBREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. ATTEST: . /;j ". . ~_.),.,-,.. ~~ . PEIFER' GROSS, INC. !:L-~~. () /1 a' By- >i-.",.- {;1}"'i~ - L J (SEAL) ~~~~~ ~ ~:::JsKAL) ROBERT E. GOO~G j ,~;a ,'t.?, "(SEAL) UDY . G/JODLING . ' l (\~~. <'-~-~. (SEAL) CURT L. HILDEB~T witness Witness C; ~--L Witness"" (; :,. /J2; ~( Witness , .~A' .: "1>-1'" /' 1At.:/.'.:!ir'... ,11 S ZANNE E. HILDEBRANDT (SEAL) -8- , . STONE LAFAVER & STONE ATTORNIYS AT LAW 41A BRloaE STAIET poaT o,"CE BOX E Naw CUMBERLAND. PA. 17070 CHARL.a_ H. STONI JON ,. LA'AYIR DAVID HIAN aTONI alRALD J. IHIKLIlTIKI TELIPHONE 11171774.74311 TELICOPIER 11171 714.,.la CURT L. HILDEBRANDT SUZANNE E. HILDEBRANDT 622 MILL RACE COURT CARLISLE, PA 17013 NOTICE OF INTENTION TO FORECLOSE UNDER ACT NO. 6 On June 7, 1993, you entered into Articles of Agreement with with Peifer & Gross, Inc., a Pennsylvania c~rporation and Robert E. Goodling and Judy S. Goodling (the "Lender") to purchase unit no. 39, 622 Mill Race Court, Carlisle, Cumberland County, Pennsylvania. You are IN SERIOUS DEFAULT because you have failed to pay the amounts due pursuant to the aforesaid Agreement. The total amount now required to cure this default (or in other words, get caught up in your payments) as of the date of this letter is $1,771.20, being the monthly payments for April, May, June, July and August, 1994 plus accrued late charges. You may cure this default within thirty (30) days of the date of this letter, that is, on or before September 25, 1994, by paying the abov.e amount of $1,771.20 plus all other sums accruing under the Agreement between the date hereof and the date of your cure. Such payment must be made either by cash, cashier's check, certified check or money order. -1- EXIIIDI'r liD" If full payment of the total outstanding amount is not made by September 25, 1994, the Lender intends to instruct their attorney to start a lawsuit to foreclose your real property which will be sold by the Sheriff to payoff the debt. If the Lender refers your case to their attorney, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fee, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorney's fee even if they are over $50.00. Any attorney's fees will be added to whatever you owe the lender. If you have not paid in full the outstanding amount within the thirty (30) day period and foreclosure proceedings have begun, you will still have the right to cure the default and prevent the foreclosure sale at any time up to one hour before the Sheriff's foreclosure sale or writ of possession is entered by the court. You may do so by paying the total amount due plus any other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale. It is estimated that the earliest date that such a Sheriff's Sale could be held would be approxi- mately April, 1995. The estimated amount that you would be required to pay at that time in order to cure the default will be $6,900.00. You may find out in writing exactly what the required payment will be by calling the following number: (717) 774-7435. This payment must be in cash, cashier's check, certified check or money order payable to the lender at the address below. You should realize that the Sheriff's Sale or Writ of Possession will end your ownership of your real property and your right to remain on it. -2- STONE LAFAVim & STONE ATTOANIYI AT UW "'." BRIDOIITREET POST O,'ICI BOX E N'IW CUNa_OLAND. PA. 11070 CHARLES H STONI JON" LA'AVIR DAVID HEAN STONE GERALD J, BHIKLETBKI TEL.EPHONI 17171774.7"'38 TELEeOPIER (717) 77".3IS8 ACT 91 NOTICE TO: CURT L. HILDEBRANDT SUZANNE E. HILDEBRANDT 622 MILL RACE COURT CARLISLE, PA 17013 FROM: PEIFER & GROSS, INC. AND ROBERT E. GOODLING AND JUDY S. GOODLING ("Lender") % 414 BRIDGE ST. P.O. BOX E NEW CUMBERLAND, PA 17070 You are in serious default because you have failed to pay when due your payments due under a purchaee agreement dated June 7, 1993, to purchase 622 Mill Race Court, Carlisle, Cumberland County, PA 17013, for a period of sixty (60) days from April 10, 1994. The total amount of the delinquency is $1,771.20, being the monthly payments for April, May, June, July and August, 1994 plus accrued late charges, as of the date of this notice. You may be eligible for financial assistance that will prevent foreclosure on your real estate if you comply with the provisions of the Homeowner's Emergency Mortgage Assistance Act of 1983. You may be eligible for emergency temporary assistance if your default has been caused by circumstances beyond your control and if you meet the el!gibil- ity requirements of the Act as determined by the Pennsylvania Housing Finance Agency. Please read all of this Notice. It contains an explanation of your rights. Under the Act, you are entitled to a temporary stay of foreclosure of your real estate for thirty (30) days from the date of this Notice. During that time, you have the right to phone or arrange a "face to face" meeting with a representative of this lender or with a designated consumer credit counseling agency. The purpose of that meeting is to attempt to work out a repayment plan or to otherwise settle your delin- quency. That meeting must occur in the next thirty (30) days. If you attend a face-to-face meeting with a consumer credit counsel- ing agency identified in this notice, no further proceedings in mortgage foreclosure may take plAce for thirty (30) days after the date of the meeting. The name, address and telephone number of the person to be contacted is: Gerald J. Shekletski, Esquire Stone & Stone 414 Bridge Street New Cumberland, PA 17070 (717) 774-7435 The name and address of a designated consumer credit counseling agency : YMCA of Carlisle 311 South Weet Street Carlisle, PA 17013 (717) 243-3813 It is only necessary to schedule one face-to-face meeting. You should advise this lender immediately of your intentions. If you have tried and are unnble to resolve this problem at or after your face-to-face meeting, you have the right to apply for finAncial assistAnce from the Pennsylvania Housing Finance Agency. The consumer credit counseling agency will assist you in filling out your application. It must be filed or postmarked within thirty (30) days of your face-to- face meeting. You must either mail your application to the Pennsylvania Housing Finance Agency or you must file it at the office of the designated consumer credit counseling agency listed above. The Pennsylvania Housing Financing Agency is located at 2101 N. Front Street, P.O. Box 8029, Harrisburg, PA 17105. Telephone numb~r is (717) 780-3800 or 1-800-342-2397 (toll free). An application for assistance may be obtained from this lender, a consumer credit counseling agency or directly from the Pennsylvania Housing Finance Agency. It is extremely important that you file your application promptly. If you do not do so or if you do not follow the other time periods set forth in this letter, foreclosure may proceed against your home immediately. -2- . ., . '. - . .. , . PENN~VLVANIA HOUSING FINANCE AGENCY Homeowners Emergency Mortgage Assistance Loan Program Payments General Information (717) 780-3940 CJrre9Dondence 2101 North Fronl Slree' Generallnformatlon 1-800-342-2397 2101 North Fronl Slreel P,O, Box 15206 TDD* For lIearlnu Impaired (717) 780-1869 P,O, Box 15BO llarriHhurg. PA 17105-5206 Harrishurg. PA 17105-5530 12/09/94 GERALD J.SHEKLETSKI 414 BRIDGE STREET NEW CUMBERLAND,PA. 17070 SUBJECT : CURT L HILDEBRANDT 622 MILL RACE COURT CARLISLE,PA. 17013 Your application for a HOMEOWNER'S BMERGENCY MORTGAGB ASSISTANCB LOAN has been DENIED pereuant to Act 91 of 1983, 35 P.S. Section 168.401-C et seq. and/or Agency Guidelines 16 PA Code Section 40.101 et seq. for the fo110w,ng reasone: 1. Mortgagor is not suffering financial hardship due to circumstances beyond mortgagor's control based on: Total mortgage delinquency is not due to circumstances beyond mortga- gor's control: Mr. was receiving workman's compensation($256 per week or $1,108.48 per month) Combined with Mrs. incom1 of $603 from employment, total net household income was $1711.48 from 4/10/94- 6/21/94. Although total living expenses exceed income by $196.37, 35' of net income was $500.02 only $1.35 short of meeting ths total housing expense. Mortgagor's could have pd mortgage had it been a priority. Income returned to normal 6/21/94 and the mortgage's have nothing saved toward de1iquency. You may be entitled to an appeal hearing if you disagree with our decieion. We must receive a written request for a hearing within 15 days of the postmark date of this letter. (Appeal requests must be in writing; a verbal request is not acceptable). The hearing may be con- ducted by a telephone conference call; therefore, you must include your telephone number. Requests for hearings must state the reason(s) that a hearing io requested and must be sent first class, registered or certified mail to: Chief Counsel - Hearing Request, PHFA/HBMAP , 2101 North Front Street, P. O. Box 15628, Harrisburg, Pennsylvania 17105-5628. The Agency will attempt to schedule the hearing within thirty (30) days after the request is received. When sending your appeal, p1eass be sure to print your name legibly and include your social security number. You have a right to be represented by an attorney in connection with your appeal. If you cannot afford an attorney you may be eligible for Legal Services repreeentation, You can contact a Legal Services representative through the following toll free number 1-800-732-3545. Please be aware that scheduling an appeal hearing does not necessarily stay foreclosure proceedings. DISCLOSURE OF USB OF INFORMATION OBTAINED FROM OUTSIDB SOURCE: 1. Disclosure inapplicable. The Federal Equal Credit Opportunity Act prohihits creditors from discriminating against credit ~pplicants on the basis of race, color, religion, national origin, sex, marital etatus, age (provided that the applicant has the capacity to enter into a binding contract) ; becaus~ all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protec- tion Act. The Federal Agency that administers compliance with this law concerning this creditor is the Federal Trade Commiesion, Equal Credit Opportunity, Washington, D.C. Housing Finance Agency ... ~. pd\.tp\hildbrn.p'9\2." ,- . STIPULATION FOR ENTRY OF JUDGMENT AND HOW, this 1~ day of February, 1995, the following stipu- lation for entry of judgment is hereby agreed to by and between PEIFER & GROSS, INC., ROBERT E. GOODLING and JUu~ S. GOODLING, (herein called "Plaintiffs") and CURT L. HILDEBRANDT and SUZANNE E. HILDEBRANDT, (herein called "Defendants"). RECITALS The background of this agreement is as follows: A. On Dscember 16, 1994, the Plaintiffs filed suit against the Defendants in the Court of Common Pleas of Cumberland Gounty, Pennsyl- vania to No. 94 7065 Civil Term. B. Plaintiffs and Defendants desire to settle the law suit in accordance with terms set forth in this agreement. HOW, THEREFORE, in consideration of the promises and covenants contained herein, the parties hereto, intending to be legally bound, agre~ as follows: 1. Recitals. The recitals set forth above are incorporated by reference herein as though fully set forth in length. 2. Entrv of Judqment. Defendants hereby agree to pay to Plain- tiffs $2,200.00 plus interest of 9% per annum. Defendants agree to pay the aforesaid amount in 24 consecutive monthly installment pay- ments of $100.51 per month commencing March 7, 1995, and on the 7th day of each month thereafter until fully paid. Payments shall be mailed to the Plaintiffs at 4740 Delbrook Road, Mechanicsburg, PA -1-