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HomeMy WebLinkAbout98-00981 .. . LIVING ROOM ( 1. REPAIR AND PAINT 2. REFINISH FLOOR 3. MATERIALS 4. REPLACE ALL THE HOLDING 5. REPLACE TILE IN BAY WINDOW 6. REFINISH 2 DOORS 7. PAINT REMOVER 8. SAND PAPER, STEEL WOOL, & MATERIALS 9. REPLACE ALL RECEPTACLES 10. REFINISH 1 WINDOW JAMB 11. REFINISH 2 DOOR JAMBS 12. STAIN HOLDING $ 400.00 400.00 100:00 250.00 150.00 160.00 30.00 50.00 30.00 50.00 100.00 120.00 $ 1,840.00 PLAINTIFF'S EXHIBIT I All.STATE-INfERNATIONAl PACE 1 FRONT BATHROOM 1. REMOVE WALLPAPER 2. REMOVE OLD SINK & BASE 3. REINSTM.L NEW 4. REMOVE FLOOR TILE & REPLACE 5. PAINT CEILING 6. BANG WALLPAPER 7. STRIP 2 DOORS & JAMBS AND REFINISH 8. INSTALL KEDICIN CABINET $ 200.00 75.00 75.00 150.00 25.00 256.00 200.00 20.00 $ 1.001.00 PAGE 2 , FRONT BEDROOK 1. REPAIR AND REFINISH WALLS & CEILING 2. REFINISH FLOOR 3. REPLACE HOLDING 4. REFINISH 3 DOORS 5. REFINISH 2 WINDOW JAMBS 6. REFINISH 2 DOOR JAMBS 7. HOLDING 8. STAIN HOLDING $ 300.00 200.00 150.00 240.00 100.00 175.00 150.00 60.00 $ 1,375.00 PAGE 3 l: ' ~I ,\ " , '. ,~ \ I , I KASTER BEDROOM 1. REMOVE ALL PANELING & PUT UP NEW DRY WALL AND FINISH 2. PUT UP NEW MOLDING. FLOOR & CEILING 3. STAIN MOLDING 4. REFINISH 2 DOOR JAMBS S. REFINISH 2 DOORS 6. PAINT CLOSET , $ 7S0.00 2S0.00 SO.OO 160.00 180.00 lS0.00 $ 1.S40.00 , I J J ~ PAGE 6 .~ ~ , ~ I ", ZOO 'd LZ9B t~Z LIL:131 3lVlS3 1m 1131111VB H:~I lmlflfl ,BO' 'Nvr JArr .08' 99lSATl 14:47 BARRETT REAL ESTATE TEL:;!; 243 8627 p, 003 . . , . 1 COMPARAB~E STATISilCS 1995.1998 - ReSIDENTIAL SALES lli5 lli.G. UNITS AVG MARKET ACTIVE UNITS AVG MARKET ACTIVE gm :mLIl fBJ.Ce QAYS um J;UB ~ ~ ~ um 1ST 1211 103,131 93 3012 1ST 1371 111,957 93 3042 2ND 1617 109.949 87 3048 2ND 1636 113.404 as 3348 3RD 1447 112,435 86 3042 3RD 1435 113,572 85 3243 IDI ~ 111 521 az 3llZJ fW .1lli 117806 ll5. ZSBa TOTAL 5289 109,501 87 3294 TOTAL 5518 113,949 90 3154 DOlLAR AMOUNT YEAR TO DATE $579,1411,81& DOlLAR AMOUNT YeAR TO DATE $&28,nO,600 APPRECIATION 4% APPRECIATION 4"1. ~ 1allJl : UNITS AVG MARKET ACTIVE UNITS AVG MARKET ACTIVE gm .sm.o. ffllid; DAIli um gm .sm.o. fBJ.Ce DAYS. ~ 1ST 1325 110,782 93 3488 1ST 1627 112,002 93 3442 .... 2ND 1618 113,867 84 3676 2ND 1734 119,105 90 3438 3RO 1465 115,940 90 3636 3RD IDI 1152. 117n74 an :illa mi I TOTAL 5560 114,332 89 3554 TOTAL , , DOLlAR AMOUNT YEAR TO DATE $636,&86,704 APPRECIATION O.r. ',- " :/ , , I , . t/' \ EXHIIUf " 0 " , , , _ NanCE OF INl'ENl'ION 'It. . mnON roR COUNSEL FEE DARYL L, SEESE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBElRLAND COUNTY, PENNSYLVANIA v. : NO. 98-981 CML TERM .. oj r, ., \, CHERYL B, AULT, Defendnnt : IN DrvORCE -, C:. . ". .ll'r~ ....,j .,.":'"1 ,".) ",':::;J " , "r: .,t.} ... .~:::; -:l~ ;'.' ;.Jl1n .../1 :-..;! 2:J '0 -<: COMES NOW, the Defendant in the above referenced action, by her attorney, NOTICE OF INTENTION TO PETITION FOR COUNSEL FEES PlJRSUA.'lT TO 42 PACSA ~ 2503 .... ,." :;! -.. -: Samuel W. Milkes, Esq., Jacobsen & Milkes, and formerly places the Plaintiff on Notice oCDefendnnt's intention to seek counsel fees under 42 PACSA ~ 2503, at the conclusion of this litigation, In providing this Notice, Defendnnt states as follows, 1. The statute in question allows for the award of counsel fees as a snnction against another participant in litigation for dilatory, obdurate or vexatious conduct during the pendency of a matter or for the co=encement of a matter considered to be arbitrar/, vexatious, or co=enced in bad faith, 2, Defendant recognizes that the appropriate time to formally request counsel fees is by Petition after the conclusion of a case, and therefore, the instant pleading is not intended to be construed as a formal request for action on attorney fees, but rather it is intended to place the Plaintiff on notice as to Defendant's intentions, 3. The Defendnnt considers this matter to fall within the type of conduct intended to be covered under ~2503 for reasons which can be developed during the course of this litigation but which include primarily the following: ,) -. r EXHII:!'.' "A" - CCMPLAINT r . ...;........,.., . Ii (to!P/r . Johnson, Duffie, Stewart &: Weidner By: Joseph L, Hitchings I,D, No, 65551 301 MlI!ket Street P. O.,Box 109 Lemoyne, Pennsylvania 17043-0 I 09 (717) 761-4540 Attorneys tor Plnintifl' ~ PETITIONER'S EXHIBIT "7- Y-S .. .roes DARYL L. SEESE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 9 (f:':'. 9 ~ ; NO, c..:v-~C CIVIL ACTION - LAW Plaintiff v, CHERYL B. AUL T, Defendant NOTICE TO DEFEND TO THE DEFENDANT: You have been sued in court, If you wish to defend against the claims set forth in lhe fallowing pages, : you must lake 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 lhe court your defense or abjections to the I claims set forth against you, You are warned that if you fail to do sa the case may proceed without you and a I judgment may be entered against you by the court without further notice far any money claimed in the ! , complaint or far any olher claim or relief requested by the Plaintiff. You may lase money or property or ather ~ 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 Lawyer Referral Service Ca'rn .. ,hIlIIlIz.~I..ter- \. " Cumberland County ~'I"l"""use EC<i' ::l~-;"(;<'lfi,"~' Tele~~~I~~f:e'(~M~~~3.2B9 ). L Il.;,(~( /tv'lt... :LCf'1'.) (u;. , I i I' ~' t~ .. ~. .. r . Jolmson, Duffie, Stewart &: Weidner By: Joseph L, Hitchings 1.D, No. 65551 301 Mnrket Street p, 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (it 7)i61-4540 Attorneys for Plaintiff DARYL L. SEESE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, CIVIL ACTION - LAW Plaintiffs v. CHERYL B. AUL T Defendant NOTTCfA TO THE DEFENDANT: Le han demand ado a usted en la corte. Si usted guiere defenderse de estas demandas expuestas en las paginas suguientes. usted t1ene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona, Sea avisado gue 51 usted no se defiende. la corte tomara medidas y puede entrar una orden contra usted sin prevlo aviso 0 notificacion y por cualquler queja 0 aHvio que es pedldo en la peticion de demanda, Usted puede perder dinero 0 sus propiedades 0 otres derechos importantes para usted, LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. 51 NO TIENE ABOGADO 0 51 NO I TlENE EL D1NERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR ! TELEFONO A LA OFICINA CUYA D1RECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR ! DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 ;106823 I' , ' I I l: i i , I I , . .. , , \ , I . I , , l , \ .,-_.-~ ( , . Johnson, Duffie, Stewart & Weidner By: Joseph L. Hitchings I,D, No. 65551 301 Market SlIeet P. 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERlJ\ND COUNTY, PENNSYLVANIA NO. DARYL L. SEESE, v, CIVIL ACTION - LAW CHERYL B, AULT, Defendant COMPLAINT AND NOW, comes the Plaintiff, Daryl L. Seese, by and through his undersigned attorney, Joseph L, Hitchings, Esquire. and avers in support of his Complaint against Defendant as follows: 1. The Plaintiff, Daryl L. Seese, is an adult individual currently residing at 29 Fisher Lane, Lewistown, Mifflin County, Pennsylvania 17044. 2. The Defendant, Cheryl B. Ault, is an adult individual currently residing at 6003 Williams Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055, 3. The Plaintiff and Defendant have been dating since 1987, started living together in 1989 and continued to so cohabitate until on cr about January 8, 1998 at which time Defendant signed a Consent Agreement to leave the parties residence and to have no further contact '/lith the Defen~ant. 4, The Defendant purchased her current home on March 24, 1992 at which time she and the Plaintiff were residing together, 5, The Plaintiff and Defendant contemplated at the time of Defendant's purchase of the properly, that they would continue to cohabitate and live together in the home, and the Plaintiff would conbibute to the household bills. and do work on the home and perform any necessary repairs, 6, From the time that the parties moved Into the home on Williams Drive In March of 1992 until the present, Plaintiff performed various work on the home Including, among other things, refinishing walls and doors, painting, wall papering, replacing fiooring, Installing Insulation, painting the outside of the house, and finishing the basement. 7, All totaled. Plaintiff has invested over $25.000,00 in labor and materials for work done on the Defendant's home. 8, As a direct and proximate result of the Plaintiffs 'Nork on the Defendant's home, the home has significantly increased in value, 9. The Defendant has never paid, nor offered to pay the Plaintiff for the work that he has done on her home, despite the fact that the work that the Plaintiff periormed. has significantly Increased the value of the home. 10, As a result of the work periormed on Defendant's home by the Plaintiff, and the resulting increase in value of the home, the Defendant has been unjustly enriched without compensating the Plaintiff for the cost of labor and materials, which he incurred, WHEREFORE, Plaintiff, Darjl L. Seese. demands judgment against Defendant Cheryl B. Ault, In an amount not exceeding $25,000.00. exclusive of interest and costs, Respeotfully submitted, JOHNSON. DUFFIE. STEWART & WEIDNER ;106821 ~'l~ 6, Admitted that this type of work was performed. Some of it was jointly i', I l' performed by Plaintiff and Defendant. 7, Denied, This averment joins together labor and materials, Defendant asserts that Plaintiffs material contribution to the home was minimal, and that his labor was offered l!T:ltis, with no intent to charge. and therefore cannot be char:lcterizedas an "investment." Additionally, the Defenant purchased various hand tools to perform this work and all of these tools remain in the Plaintiffs possession, 8, Denied there has been a significant increase in value of the home due to Plaintiffs efforts, Strict proof is demanded, . .9, Denied, As stated above, there was no intent to charge for the work Plaintiff performed, so it was never anticipated by the parties that Plaintiff would be paid anything, Denied that due solely to Plaintiffs efforts, the home significantly increased in value, 10, Denied there was a resulting increase in value, or the Defendant was unjustly enriched, To the contrary, during this entire time, Plaintiff continued to reside in Defendant's home, and before that in her apartment, without Plaintiif contributing to rent, mortgage, utilities (including gas, electric, telephone, and c:lble), or even his own long distance calls, "fEW MATTER 11. The statements made above are incorporated herein. 12. The Plaintiff has a.~serted a claim for relief of an equitable nature, but does not have clean hands to do so in that: a. The Plaintiff has received the benefits of rent and utility free housing .' r during the entire relationship between the parties, including the entire time the parties resided together at Defendant's residence, b, Defendant asserts that the rental benefit which Plaintiff received was .' approximately $700 per month, c, The total rental and utility benefits which the Plaintiff received during the time he claims to have improved the Defendant's home exceed in benefit the amount which Plaintiff now claims as unjust enrichment to the Defendant, d, The Plaintiff is the named Defendant in a Protection from Abuse Order obtained by Cheryl Ault against Daryl Seese, which resulted from her allegations th::!.~ he abused her, as defined by the Pennsylvania Protection from Abuse Act, during the time the parties resided together at Cheryl Ault's residence. A copy of the Petition, Consent Agreement, and Order are attached, The allegations of abuse include offenses which would constitute simple assault and terroristic tbreats under the Pennsylvania Crimes Code. e. Within the Protection from Abuse Petition, Cheryl Ault alleged the j , following, and she continues to assert that the following occurred: i. On or about December 17, 1997, at Ms. Ault's residence, Mr, for her safety, When she told him that she was afraid of him and wanted to leave, he I I Seese argued with Ms, Ault and became increasingly more agitated, causing her to fear to prevent her from physically leaving the home, After she telephoned 911 for help, grabbed her car keys, and pushed her down onto the chair when she tried to get up, he unplugged the telephone cord from the wall and stood in front of the wall jack when she tried to plug in the telephone, He the followed her when she went outside to wait t~ for the Hampden Township Police to arrive, told her that the only way he was leaving the house was in a body bag, and went back inside the house, He would not permit the Plaintiff to take her purse or keys and leave for the evening until he calmed down, and he did not return these items for several days, when he finally took them to the police department, When the police arrived, she advised them of his violence, The police asked whether there were any weapons in the home, She explained that he had " several weapons (rilles, shotguns, and a compound bow and arrows) in the house, I The police tried repeatedly to make contact with him but he would not answer the door and hung up the telephone when they called, When she telephoned him from the t I pt):';.:;e station, at their request, he tried to coerce her into returning to the house to talk with him, but the police advised her not to return to the home because the defendant bad access to his weapons and was unstable. At one point, be threatend to take his own life during telepbone calls with family, A standoff occurred for an ') \ , I extended period of time until Mr, Seese finally began to cooperate with the police. ii. On or about August 1997, Mr. Seese kicked Ms. Ault in the side, I! , I I I )i , { ," ," r: " ;\, :'1 I: I shook her violently, causing ber to fall to tbe ground, threatened her, saying, "I think I'm going to kill you today, but I don't know bow," He broke bottles full of beer against the wall, while yelling and screeming, be struck the walls with his fists, went into a room and returned witb one of his rilles, told ber it was loaded, and pointed it at ber, causing her to fear for her life. When she tried to leave, he grabbed ber by the arm and shoved her into tbe bed, As she got up from the beel, be grabbed ber by tbe neck, beld her against the wall, and told ber tbat sbe could not go anywbere or do anything without his permission, , I: i' i ~: I " '\ f : j -!'. iii. Since approximately August 1997, Mr, Seese physcially and " , I' ;,\1 ( .. mentally abused Ms, Ault in various other ways, including but not limited to, , " threatening to kill her if he found her with another man, following her to make sure she was going to work, physically accosting and/or threatening her friends when she ; , ~ I j , ! 1 had been with them in public places, monitoring her telephone calls by listening to her conversations on an extension telephone and using the .69 feature on the telephone to ascertain the identity of whoever called her, and repeatedly telephoning her and her coworkers at her place of employment to determine whether or not she was at work. '" f. Shortly after the parties separated, Mr. Seese telephone coworkers and , SUi'"riors at Ms, Ault's place of employment, making statements which were intended I, to be slanderous of her and which were intended to do harm to her career, g, The parties separated due to the wrongful conduct of Daryl Seese, and ..I j not due to any conduct of Cheryl Ault, nor any plan on her part to have benefitted ~ , I from and labor of Mr, Seese, AFFm~IATIVE DEFENSES I , ( ACCORD At'ID SATISFACTION 13, The statements made above are incorporated herein, 16, The parties reached a full and final agreement between them as to their I I , ,. 1 f ( " 14, The parties entered into negotiations in response to Cheryl Ault' 5 Protection from Abuse Petition, which led to a Consent Agreement and Order. 15. As a part of these negotiations, Daryl Seese insisted that the parties resolve various property matters and economic matters at issue between the two of them, respective interests in all property, including financial, and other claims which either ,;~ " CHERYL BETH AULT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V Al'lIA v, : NO. 97-7005 CIVIL TERM DARYL LESLIE SEESE, Defendant : PROTECTION FROM ABUSE PROTECTION ORDER AND NOW, this q-tA. day of January, 1998, upon consideration of the Consent Agreement of the parties. the following Order is entered: ..- l. The defendant. Daryl Leslie Seese, is enjoined from physically abusing the plaintiff. Cheryl Beth Ault, or from placing her in fear of abuse, 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. The defendant is ordered to refrain from harassing and stalking the plaintiff and from harassing her relatives, 4. The defendant is prohibited ITom entering the plaintiff's place of employment. 5. The defendant is prohibited from removing, dam"~in,g, destroying or selling any property owned by the plaintiff or jointly owned by the parties, e.'(cept by mutual agreement of the parties. 6, The defendant is excluded from the plaintiff's residence located at 6003 Williams Drive, Mechanicsburg, Cumberland County, Pennsylvania. and is ordered to stay away from any residence the plaintiff may in the future establish for herself. 7. The defendant is ordered to relinquish to the Cumberland County Sherifl's Department any weapons he owns or possesses (rifles, shotguns, handguns), and the Sheriffs Department shall keep the defendant's weapons for a perioq of 90 days from the entry of this Order, The defendant is prohibited from acquiring or possessing any weapons for the 90-day term commencing from lh~ Fl1try oft!1is Order. . .... " .. S, Court costs and fees ilfe waived, 9. This Order shall remain in effect for a period of one (I) ye:l1" and can be extended beyond that time if the Court finds that the defendant has conunitted i1I1 act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. This Order shall be enforce:lble in the same manner as the Court'S prior Temporill}' Protection Order entered in this case, 10. A violation of this Order may subject the defendant to: i) arrest under 23 Pa,C.S, ~6113; ii) a private criminal complaint under 23 Pa,C,S. ~6113,l; ill) a ch:l1"ge of indirect criminal ~untempt under 23 Pa.C,S. ~6114, punishable by imprisonment up to sLx months i1I1d a fine of 5100,00-51,000,00; and iv) civil contempt under 23 Pa.C,S. ~6 t 14.1. 11. The Hampden Township Police Depanment shall be provided with a cenified copy of this Order by the plaintiffs attorney and may enforce this Order by arrest for indirect criminal contempt without warri1I1t upon probable cause that this Order has been violated. whether or not the violation is committed in the presence of the police officer, [n the event that an arrest is made under this section. the defendi1I1t shall be taken without unnecessary delay be:'ore the court that issued the order. When that coun is unavailable. the defendant shall be taken before the appropriate district justice. (23 Pa.C,S. ~6113). By the Court. ,j ~. 'J 1..51 '1', ), .,?, ILl.", ~l. 'J " 'j I, Wesley Oler, Ir.. Iudge ' Joan Cilfey LEGAL SERVlCES. INe. Attorney for Plaintiff :'="!.~.~~: ...: ....~. ';' :~... ':'::\'~t ~ "::~".: ~.:~ ~;.,:,;.::;. '" ,,: ':,:,!; .'..' "':':':;~':~I: /;:' :,.:;,.j DilI}'l Leslie Seese. Defendant P.O. Box 244 Lewistown. P A 17044 TI . 0 1J...' f (,~ Ie Ii 5: 11:; ......-.1........... CJY CI ......O:n...::., , ........ ".............~....c"..".::f~!1f-i!,o.:..- Nt.';;" Prcthonotiirl " PROTECTION FROM ABUSE ,~, I " L , , \ " iI/ I ~ J/ .ff , I I , CHERYL BETIl AULT, Plaintiff IN THE COURT OF COMMON PLEAS OF DARYL LESLIE SEESE, Defendant CUMBERLAND COUNTY, PENNSYB' ~ !?, ~ ':r';J '- :::t GJ~ E: ;t,:o ::F;-~ r- ~C;. I ::2~ ",-.' ~ r;T ~b _ ~o ;:,:" :...: _~:E CONSENT AGREEl.\'lENT ~;:~ ~ ~~ -' 1'- ..-:J 11- ,--<; This Agreement is entered on this].:. day of January, 1998, by the plaintiff, Cheryl Beth v. 1'10.97-7005 CIVIL TERM , :,. Ault. and the defendant, Daryl Leslie Seese, The plaintiff is represented by Joan Carey of LEGAL SERyiCES. INC.; the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court, 1. The defendant. Daryl Leslie Seese. agrees to refrain frorn abusing the plaintiff. Cheryl Beth Ault, or frorn placing her in fear of abuse. I;.... \,l } I ~ The defendant agrees not to have any direct or indirect contact with the plaintiff J including, but not limited to. telephone and written communications. 3. The defendant agrees not to harass and stalk the plaintiff and not to harass her 1 i , ! relatives. j 4. The defendant agrees not to enter the plaintiff's place of employment. 5. The defendant agrees not to remove, damage, destroy, or sell any property owned by the plaintiff or jointly owned by the parties. except by mutual agreement of the parties. 6, The defendant agrees to stay away from the plaintiff's residence located at 6003 . Williams Drive, Mechanicsburg, Cumberland County, Pennsylvania.. and the defendant agrees to stay away from any residence the plaintiff may in the furore establish for herself. 7. The defendant agrees to relinquish to the Cumberland County Sheriffs Department any weapons which he owns or possesses (rifles, shotguns. handguns), to have the weapons remain in the custody of the Sheriff's Departrnent for a period of 90 days from the entry of the Protection Order, and not to acquire or possess any weapons during the 90-<lay period, , , . I. , ,\, I .. \ 1 S, The defendant, altbough entering into this Agreement, does not admit the allegations made in tbe Petition, I ) t 11 9, The defendant understands tbat tbe Protection Order entered in this matter will be in effect for a period of one (1) year and can be e:aended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff, The defendant understands that this Order will be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case, 10, Violation of the Protection Order may subject the defendant to: i) arrest under 23 , ,-Pl.C.S, 96113; ii) a private criminal complaint under 23 Pa.C.S. 96113.1; iii) a charge of indirect criminal contempt under 23 Pa,C.S. ~6114. punishable by imprisonment up to six months and a line of5100,OO-:51,000.00: and iv) civil contempt under 23 Pa.C.S. ~6114.1. WHEREFORE. the parties request that a Protection Order be entered to reflect the above terms. CJu-1AJ, ~, ~-r Cheryl B~' Alllt. Plaintiff ,. "-.J @fi an-rarey, Attorney for PI miff Qcv-<.tILL-~^-' -~ ~ Daryl Leslie Seese, Defendant LEGAL SERVICES. rNC. 8 Irvine Row Carlisle. PA 17013 (717) 243-9400 a) On or about December 17, \991. the defendant argued with the pl:lintiff md bllc:lme inc~e:lSing!y more agitated causing the plaintiff to fear for her s:1t'ety, When the plaintiff told the dci'endmt that she was afr:Iid of him :md wnntt!u to le:1ve. grabbed her c:lr keys. md ru~hed ht!l' down onto the chair when ~he '.-:i~<.! to g~ up, After the plaintiff te!ephoned 911 for help. the defC:ld:un unplugged the telephone cord from the w:lll :lnd stood in front of Ihe wall jack when the p\aintift' tried to plu~ in the telephone. The defend:1nt followed the pl3intiff when she went outside to wait for the Hampden Township Police to am'le, told her that the only way he was IC:lvinS Ih!! hous!! was in :I body bag.. and weot back inside the house. When the polic: :!m'led, Ihe plaintiff :ld...ised them of the defendnnt'S '1iolenc: md of his ,hre:!t :0 tak~ hIS own life. She dpl:lind that he had several weapons lriiles. ,hotguns. handguns, ;U\d a compound bow and arrows) in the house. Tne polic~ tried repeatecly to make contact with the dcfend:mt, but he would nlll answer the door llIId hunos ul' the teiephone when lhey called him. When the .\i ( \ i'" ti- lL I,' , . U Ef plaint::: tde;:hon~ the ':iefend:mt from the rolic: ~t:ltilln at their re:;ue~l, he tried to coerce her into re:urnir.:; to the house to (Jik to him, but the police advised her not to return to the heme because the defendant had access to his We:lpons and W:lS unstable b) In or aOGut i\Ug'Jst, \ 997, the dc:'e~dant kicked the plaintiff in the Slue. shoo\-: her 'i\chmtiy cau~lng her to fall 10 the ~round_ threatened her saYln~, "I think I'm ~cing to kiil you today. but I don't k."lOW how:' The defendant threw bottles full of b~r :lbout, struck. the walls with his fists. went into :I room :md retumeu with one afhis handguns. told the piaintiffh was loaded. and pointed it at her causing her :0 fear for her life, Whe:l she tried to l~ve, the defendant grabbed her by the arm and shO'led her onlO the be':!, ~ she got up frQm the bed. the " I I I~' I" deiend:mt gr.mbcd her by the neck and told her that she could not go an~'Where or do anything without hi~ permission. c) Since appro:'\im:lle!y August. 1997, Ihe de:endant has abused the plaintitfin ways includiny. but not limited to, grabbinlf. shoving. and kicking her: threatening to kill her iihe finds her with another man; following her to make sure she is going to work; physically accostin~ and/or Ihre:!tening her friends when she has been with them in public places: monitoring her telephone calls by listening to her convenations on an e:ttension telC?hone md using the "69 feature on Ihe . (I ! te!ellhone to ascertain the identity of whoever dls the plaintiff, and repe:!tedly telephoning her at her place of emllioyment to deter.nine if she is at work, 6. On ot ~bout De-;ember Ii, \997. the plaintiff ten her residence at 6003 Wiiliam Drive, :v1echamcsburg, Cumberland County, Per.nsyivania, in order to avoid further abu:;e. i The plaintiff belie'ies and Iheretore avers that she is in immediate and present d:mger of abuse from Ihe Jefendam ~htJuld she return to ,he home to the home without Ihe I , I de:'cndant's e::clusion and Ihat she is III neee oi ?rote-'::lOn from ~ud: abuse, 8, The plaintiff' desires that the detendant be prohibited from having any direct or ! indir~t contact with the plaintiff including, but not limited to, te!e?hone and writlen communications, \1 The plaintiff desires that :he ce:e:1cam ce enJoined :70m h:Jrassing aed stalkiny the plaintiff. and from IIJrassin!; her relatives, 10, The plaintiff desires that the de:"endant be restr:Lincd from entering her place of =ploymcnt. II. The plaintiff desires that the detendant be enjoined tram removing. damaging, dcztroying or selling any propert)' owned jointly by the partic:; or owned by the: plaintiff' ...~..'.- , 12. The plaintiff de3ire~ that any we:lpons the defendant own~ or po~sesses (rifles. shotguns. and handguns) be coniisc:ued by the Shcriif~ Depmmcnt and tbat the defendant be prohibited from acquiring or possessing my wc:lpons for the duration of the T ''ll1por::ry ProlCl:tion Order. B, EXCLUSIVE POSSESSION J J. The home from which the plaintiff is ~king the CoUrt to exclude the de!endant is owned in tbe /1.1me of the plaintiff. Cheryl 8, AuJt. 14, The p13imiff curremly has no place to Slay e:lcept her residence 10C:!ICJ ~l OOOi William Qrj,ve. :-'lechanicsburg, Cumberland Counry, Pennsy1val1l3. and the derimdane has fiiend~ in the are~' with whom he can Slay, C. REIMBURSE,"IE:'IT FOR COST OF CASE 15, The plaintiff asks that the dete::d:mt be ordered to pay S2~O,OO to Cumberland Count\', one of Leua! S"rvices, Inc.'s fu.~dinl! scurc~ as reimbursement for the COSt \,; :::il!:!tinl! . - - - ... this case and that the dere::dJ.m be assesse:: :::e 5:5.00 surcn3J'::e md anv cour: COSIS if :he case . - . I , I goes to hearing, WP.EREFORE. pursuant to the provisions oithe "Protet:ion from Abuse Ac:" oiOc:ober 7, 1976.23 1',5, ~6101 ~ ~" as iUJlended. the plaineiffprnys this Honorable COUrt to gr>lnt the i ( fOllOwing relic!: I I t fl" ,1-: A. Grant a Tempor-..r:" Order punwlnt co the "Protection from .",-bust: Act:" I. Ordering the detend:mt to refrain from abusing the plaintiff or ITom placing her in tbr of abuse: ."- -'" ..-.......-- 'I I I !. I 2, Orela IIlg the dc:!endant to rtfr.Ua from having ;my direct or indirCl:t contact with the plainriff including. but nor limited to. telephone :IIId written communications, j, Ordering the derendant to reri-ain from harassing and ~tatkir.lf :hc plaintiff:llld from h:irassing ner rellllivc:\, <1 Prohibiting tne defendant ITom emenng the plaintiff's place of =9Io'lment, < Prohibiting the defendant from removing. damaging. destroying or selling property jointly owned by tbe parties or owned by the plaintiff. 6, Gr:lllting posse::sion of the nome loc:lted at 6003 Wiiliam Drive, Mechanic~burg, Cumberi:llld County, Pe:msylvania, to the plaintiff' 10 the exclusion of the deiend:lllt. :IIId ordering the defend:lllt to Slay away tram an,,! residence the plaintiff may establish for herself pending a tinal order in lhis marter, i Ordering the ce!C:ldant to relinquish to the sheriffs depnrtment any weapons wille!! he owns or possesses (riil.::;. shmguns. and handguns). and orchibillnll the dcie::eant from acnuirine or cosse~sin~ am ....eacans for :ne . - . -' -.. curalion or' the T empor.lry P,otec:ion Oreer B. Schedule 11 l1e:lring in accordance with tlie provisions of the "Protection from Abuse Act." and. after sucil hC:lring. enter :m order to be in elTect fOl' :I period of one year: I, Ordering ;he cefe::d::J.Iit to ietr~in f:'om abusing the piai:".titT or tram placing her in fear or' abuse, I' I ~I , 1.. Ul ~~ Ute UQ'CUu..uu..", .-- -..... '-'- ., \ contact with I plaintiff' including, but not limited It" 'lephone md written ccmmuniC:UiCM, 3. Ordering the defencbnt to refr.1in from harassing md ir::!king !he plaintiff and from harassing her rclativl!3. 4, Prohibiting Ihe defcnd:int ITom entering the phumifl's place oi employment, 5, Prohibiting the defendant from removi~ damasins. destroying or selling property jointly owned by the partic::; or owned by the: plaintltI, 6, Granting possession of the liome loc:lted at 6003 William Drive, Mechanicsburg. Cumberland County, Pennsylvania. to the plaintiff to Ihe e.''Idusion of the: deicncbnt. and ordering the: defendant to stay away trom any residence the plaintiff may establish for herself. 7, Orde~,ns Ihe defendant to relinquish to the sheriffs depanmem any weap\1ns which he owns or possesses (riiles, InOtg'.!I1S, and hancg'.Ins) and prohibiting the defendant from acquiring or possc:;sing any weapons for the dUl"Jdon of the Protedon Order. 3 Ordering the defendant to pay 5::0,00 10 Curnbcrlmd Counry. one . I , I of L:gal Se:-..ic:s, tnc:; :uncing SOurC2S as ,c:mburs=~m for the cost or' litigating this case, and assessing the 52:.00 5urch:1rge md court com 10 { . the defendant if the: ~':lSe goc::; to hearing. The: plaintiff further asks that this Petition be filed and serve-;! without paymenr of fe:es and costS by Ihe plaintiff. ~e::ding a further crcer at the he::ring. ar.d that a c::r1iiieri copy oi this Petition and Order be delivered to the Hampden Township Polic:: De;:ar.r::e::t which has jurisdiction to ~nforce: this Order, t\ '". \':-o.p~1 I U ~ fI'~~~ ~ ~ c::t CHERYL BETH AUL T, Plaintiff IN TIiE COURT OF COMMON PLE....S OF " Cl),]\1BERLAi'lD COUNTY, PENNSYLVANIA , ;! v. NO, 97-7005 CML TERM OAR YL LESLIE SEESE. Defendant PROTECTION FROM ABuSE CONSENT AGREEMENT This Agreement is entered on this _ day of January, 1998, by the plainuff, Cheryl Bcth Ault, and the de!i:ndam, Daryl Leslie Seese, The plaintiff is represented by loan Carc::, of LEGAL SERVtc:ES, INC.; the defendant is umepresc:ntd but is aware of his rig..Ilt to have an att\lme:' The parties agree that the tbllowing may ~ entered as an Orde:- of Coun. t. The defendant. Daryl Leslie Seese. agrees \0 refrain from abusin\; the plainlill. Cheryl Beth Auil, or from placing her in fear of abuse. The defendant agrees not to have any dir~: or indirect conta~ with the plaintiti' I I , I including, but not limited tn. te!"phone and written conununications, The defend am agrees nOt to harass u:d stalk the plainuif ami nllt III haras:; hcr I , relatives. 4, The defendant agrees nOI to enter the plaintiffs place of employment, 5. The det"e:1dam agrees not to remove. damage. des;roy. or seU any property owned by the plaimitf or jointly owned by the panie~, 0, The ddendant agrees fO Slay away from the plamlJifs re~lcence iocated at (:111)'; , i h Williams Drive, Mechanicsburg. Cumberiand COUnty, Pennsylvania, and the de:'endant agrees 1\) stay away from any residence the plairnilf may in the future establish for herself, 7 The: defendant agrees to relinquish to the sher:iI's departmem any weapons which he owns or possesses (riiles. snoq,'U1I:;, hami!;Uns), agree:; that Ihe weapons rc::nain in the custociv of the CumberlQIld County Slu:riff' 5 Depamnenr fur a period of 90 days from the entry of the Protecdon Order. and agrees not to acquire or poS:ldS any W0:3pOI15 during the 90-<i:ly period, 8. The defendant. although emering into this Agrcemem, does not admit the .ulegations made in the Petition, 9, The delendant understands tbat the Protection Order entered in this maller will be in effec: for a period of one (I) year and c:m be mended beyond that time if the Coull finds that " ,~, f " ~, 'I ~ ; , , '~ ~: , , the deiend:ll1t tms committed an act of abuse or ha:l engaged in 1 pattern or practice that indicates risk of ham to the plaintiff. The defendant understands that this Order will be culorceablc in the s:uri(~~nncr as the Coun's prior Tempor;u:{ Protection Order entered in this case, 10, Violation of the Protection Order may lubjec~ the defendant to D mcst under :::; Pa,CS ~61Ij; iii a private criminal complaint under 1:; he s, ~oi IJ,I, iii) J charge Iliindirect criminal contempt under ;::1 Pa.C,S, ~o114. punishable by imprisonmelll up to si:< mllnths and a nOt: orSl00 oo-s 1.000,00, and Iv) civil contcmpt under:J Pa,C S go I !4 I. , , WHEREFORE, the panics request that 3 Prote<::Uln Order be entered .c' rc:1ec: lhe abov~ ,\ , , terms, l ( .._ _... .n h. Cheryl Beth Ault, Plaintiff Daryl Ldic S~sc. Dcfe:ldant Joan C3rey, Allomey for Plaintiff , I I, , LEGAL SERVlCES.l:''K. 8 INine Row Carli:ile, PA 17013 (717) 243-9400 . The derendant is enjoined Ii'om entering the plaintiffs place of employment. Tne defendant is enjoined from removing. damaging, demoyin!l or selling any property owned jointly by the panic::; or owned by the plaimiff. A violntion of chi! Order mllY subject the defend:,"1 10: i) :\rn:!t under :3 ;'~.c:.S. g611J: ii) :1 priv:ue erimi",d complaint under 2.3 Pa.C.S. g611J.l: ill) a cb~e of indirect criminal conlempt under ZJ Pa.C.S. ~6U-l. punishable by imprisonmelll up co six monlhs and :I line of:5100.00-:51,OOO.00;;utd Iv) civil contempl under:?J P:z.C.S. g611-l.1. This Order shall remain in e/fec: uncil modiiied or terminaced by che Cour. and = be e:ttended'~e::ond its onginal e:tpirarion date if the COUrt tinds lhac lhe detendanl has committed ;:11 ac~ of abuse or has en!;pged in :I pilttrn1 or prac:ice that inaic:nes nsk ofhacm to che plaintiff. The defend.::nl is ordered 10 relinquish co che lberill'l dep!lrtmenl any we!lpons which lie owns or pOSSe:lSe:I (rifles. sbotguns. h.:Indguns), !lnd tbe defend!lnl is prohibited from acquiring or pOSSe:lsing !lny we:lpons for lbe duntion of this Onier, A HE..l"Rll'IG SHALL BE enD ON THIS "'t.l" TTER ON TEE .11 ~f-DA Y OF \'x:.rr.~ L,/1 .1997.AT 1/.",(") A-- .M..IN COliRTROOM :"iO.~, OF THE CUMBERL.l"ND COUNTY COURTHOUSE. CARLISLE. PE:'INSYL V..l"N IA. The plaintiff may proc~ without p~'payment of f~s pending a further order :U'ter lhe hearin!!. Tne Cumberland County Sherin's Departmem sh.111 ar:e:npt to make sel":ke 1t the plaintiff's request :IJ1d without pre-paymem or' t~s, but SCl"/ice may be ::c:complishc:i under any applicable cule of Civil Procerlure. This Order shall be docketerl in the office of the Prothonotary and forwarderlto [he Sheriff for service, The Prothonotary sh:ill not send a copy of this Order to the defendant by mail. The H=pd~n Township Polie: Depamne.'1l shall be Fl'ovided with a ceniiied copy ofthi~ Order by the plaintifl's anomey. This Order shall be enforced by any law enforcement agency -- where a violation occurs by asresl for indirec: criminal contempt without warrant upon probable cause that this Order has been violated. whether or not the violation is committed in the presence of the police officer. tn the event that ;Ut arrest is made. under this section. the defendant shall be laleen without unnecessary delay before the court that issued the order. When that ~ourt is unavailable. the detend:lllt shall be lakt:ll before the appropriate district justice. (23 Pa,C,S. 96113). By the Court, ,yjl/~ },,~ (Jf2 ~. ud~ JOlin Carey LEGAL SERVICES. INC. Anomey for Plaintiff TR~E COPY FROM RECORD In T o:Ilimany whafeof I I here umo ~ my ~ an~ tile seal at said rt at Carlisle, Pa. ;n' .u,,~V! . 199) ,-- 1/ .....--... . .' El\riIl:J.l,r-"C" - RE,\?LY T (, ..E\~ MATl'r.l< AND ._..:ii:e'~1 '~IM. \\ .\, '--" '. . '~J/I.-; . ','-" \' ... l' ...- -. . , '- Johnson, Duffie, Stewart &: Weidner , By: Joseph L, Hitchings I.D, No, 65551 301 Market Street p, 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiff ;: PETITIONER'S E'f,r Y-.! - <J <J $"12..S , .~ I j Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 98-981 CIVIL TERM CIVIL ACTION - LAW DARYL L. SEESE, v. , CHERYL B. AUL T, Defendant REeL Y TO NEW MA ITER AND ,ANSWER TO COUNTERCLAIM AND NOW, this 23'" day of April, 1998, comes the Plaintiff, Daryl L. Seese, by and through his attorney, Joseph L. Hitchings, Esquire. and replies to Defendant's New Matter and answers Defendant's Counterclaim as follows: '\ . I ! , NEW MA ITER 11, Paragraphs 1 through 10 of Plaintiffs Complaint are incorporated by reference as If the same were more fully set forth at length herein. 12. Admitted In part, Denied in part, It is admitted that the Plaintiff has asserted a claim for relief of an equitable nature, but denies that he has unclean hands, particularly as follows: " r a, Admitted In part, Denied in part. While it Is admitted that the Plaintiff did not pay rent and utilities per se, he did pay for groceries, phone bills and frequently provided Defendant with money for her own use, Plaintiff also was solely responsible for the upkeep and maintenance of the property, I. I b. Denied. See answer to Paragraph 12a, above, Strict proof demanded at time of trial. c. Denied, See answer Paragraph 12a, above, Strict proof demanded at time of trial, d, Admitted In part, Denied In part. It is admitted that the Petition, Consent Agreement and Order attached to Defendant's New Matter were filed on behalf of the Plaintiff, To the extent the averments of this subparagraph attempt to set forth anything or draw inferences not stated in those documents, the same are denied as the documents clearly speak for themselves, (' , ) r i ' , i e, Admitted In part. Denied in part. It is admitted that the allegations set forth in this subparagraph and its subsections were set forth in the Defendant's Petition, However, the allegations as set forth in the Petition are unequivocally denied by the Plaintiff, ~ f, Admitted in part. Denied in part. It Is admitted that the Plaintiff attempted to call the Defendant's supervisor, however that individual would not speak to him. The remaining averments of this paragraph are denied and strict proof thereof is demanded at the time of trial. . I , I g, Denied. It is denied that the parties separated due to wrongful conduct of the Plaintiff and not due to any conduct of the Defendant. By way of further answer, Defendant had numerous affairs, Including at least three that are known to the Piaintiff, during the time the parties were together, and it is further believed, and therefore averred, that the Petition for Abuse was filed as pretext to getting the Plaintiff to leave the residence. By way of further answer, on December 10, 1997, one week before the alleged latest incident plead In the Petition, Plaintiff asked the Defendant if she wanted to split up and offered to pack up this belongings and move out. Defendant told him' no, that she wanted him to stay, yet filed the Petition to have him removed from the residence shortly thereafter, j CERTIFICA TIE OF SERVICE r i( , AND NOW, this J),J. day of April. 199B. the undersigned does hereby certify that he did this date selVe a copy of the foregoing Reply to New Matter and Answer to Counterclaim upon the other parties of record by causing same to be deposited In the United Slates Mall. first class postage prepaid. at Lemoyne, Pennsylvania. addressed as follows: Samuel W. Mllkes. Esquire Jacobsen & Mllkes 52 E, High Street Carlisle, PA 17013 JOHNSON. DUFFIE. STEWART & WEIDNER By: Qt1c ), ~r~ (j Joseph L. Hitching ( , , . ( _ jJs.l'v. 'I " ~\1t.LO."'.L 1:. - . L't\.VVL\t'\U~ ULo""'J.:-J.LVn.. , . ~-"\ " of t.~' i'(~~ <.'; ...; rr "I,'" hft-. ) >. 1 ) ) ) , i tll '!he Court: o. I ...,,\ . ~\ . :mon -l'leas" of' --, , ' '-..,- , Cumberland Councy. ?ennsylvania ~to . 1. 11 - f g ( ('I~'l '()i:. .. ~ OAm \~e do solemn.ly !\tear (or affir.n) chac ~e che COl1Scicut:ion of c.'1e Uniced S caees and ehe ~ealch and ehac ~e 'Jill discharge ehe ducies ~ill su~~orc, obey aud defeu Conseicucio~ or ehis CO~Ol1- '~ic c fidelicy, ~e, ehe undersigned arhie=acors, having heen duly a~poL~ced and ~Jorn (or affirmed), make ehe foll~g award: (Noce: If damages for delay are a",ard,ed, ehey shall be se~aracely seaced.) W... (r'.".J I'''' ftivC',^ of t~ 0 r ff~jaV\r:f a."J _ p~(a,'v'111'1f.~cJV\ f(4;....~(f(-'{ (/4'''..-, P'-1vdWv L L_ J . / 1- \,..1.::1,,0 c:)'l' Oe..'\.Cl.\.d&l.....1f' t;(-1 J t:lJ&?'?" (f fW. ::> \0.., I rJ>r.J'-\ \..4 ~""dt..{""t ~ - 2((/0 Od ~""5' . AJ:bieracor, ,-- A d~1, /11/<< ~ J . !A./ (' ~ flC! ,'.", f ,?rr- a.~plicable. ) "1/(1 /11 4/1t.J1'l1 J J Daee of Rear:!.I1g: Dace of AV<lrd: NOTICE OF Moor, che JS'~da.., of CJJ,..:J award was ent:ered u~on ehe-.dockaC ?ardes or t!l.ei:: acco=eys. Arbicracors' cOll19f!ILSaciol1 eo be p;dd U~Ol1 a~peal: $ ).'10.110 (Inserc name t= , 19jL, ~c /Lid.., PI, ,:1., ehe above and tloeice chereoe given by mail eo ehe C1u. ~... R..p - ^Ji?r/!~ol1ocary By: n J,'" 0. f1"Jlh~. 'r, . Depuq I I I , ISammon's Basic svc I PPL I I I I ICable Phone I Electlic IRenl I 1 I Jan.90 I 36,50 12,131 16,691 406.561 1 , Feb.901 13,50 12,131 40,721 450.001 I I Mar.90 I 13,501 12,131 42.991 450,001 I I 1 Apr-90 I 13.50 12,131 36,961 450.001 , I I Mav-901 13,501 12,131 36,511 450.001 , I I Jun-90 13,5\11 12,13 36.391 450,001 I 1 , JUI-901 13.501 12,131 37,591 450,001 I I Auo.90 I 13,501 12,131 43,231 450,001 I Sep-901 13.501 12,131 39,761 450,001 I Oct-901 13.501 12.131 35,691 450,001 I I Nov-901 13.501 12.131 32,511 450,001 I 1 Dec.901 13.501 12.131 35,971 475.001 I I 90 subtotal I $187.00 $145.56 I $439,25 I $5,351.86 I $0,153,37 I I Jan.91I 14.501 12,131 46,731 475.001 I I 1 Feb-91 14.501 12.131 44,301 475,001 1 I Mar-91I 14.501 12.131 41.621 475.001 I 1 Apr-91I 14,501 12,131 38,681 475,001 1 I I MaY-91I 14,501 12,131 41.631 475.001 1 I I Jun-91I 14.501 12,131 41,771 475,001 I I I I Jul-91I 14,501 12,131 30.421 475.001 1 1 1 I Aug.91I 14.501 12.131 42.701 475,001 1 I I Sep-91 I 14.501 12.131 51.441 .175,001 I I 1 Oct.91 I 14.50 12.13 37.121 475.001 I Nov-91I 14.50 12,131 30.361 ,175.001 1 I I I Dec-91I 14.50 12.131 31.731 475,001 1 I I I 91 subtotal I $174,00 $145,56 I $496,07 1 $5,700.00 I $6,515.63 I I I I Jan-921 16,001 12,131 47,521 475,001 I I I 1 Feb-92 I 16,001 12,131 45,301 475,001 I I I I Mar-921 16,001 12,131 46.421 475,001 1 I I 1 92 subtotal I $48,00 $36,39 I $139,24 I $1,425.00 I $1,646.63 I I I I I 1 I I I Grand total $409,00 $327,51 $1,074.56 I $12,506,56 I $14,317,63 I I I I I I I I 1 I Cancelled checks are available to documenl cable, ohone, .!. rent amounts' I 1 I PP&L pvmts were automatically deducted from mv chocklno acct, 1 used my check ledoer to document amt of pvmt Phone service is a set amount for basic service- no 10 no dlslance chames were Included I I 4 LIVing Expanses .~.,. -,. .un \ , I j .. PETITIONER'S L %":~ i, . , , , I, I I 1 "'1' I I I I 1 :-~ I I I I I I 1 I I 1 PAwcl Sammonsl Belli PP&LI Trash I UGII Mortgagel I .. PETITIONER'S ~ 1 Waterl Cable I Phone I Electricl Sewerl Gasl Prine. Escrowl , E~IT Apr-92 1 25.001 26.351 12.131 24.831 I I 530.61 101.391 Mav-92 I 14.541 16.001 12,131 42.501 108.691 62.691 530.61 101.391 Y-S..r,cJ- ~ Jun-92 1 21.511 16.001 12,131 40.661 1 5.161 530,61 101,391 Jul-92 1 21.511 16.001 12.131 43.891 99,011 28,101 530,61 101,391 Auo-92 1 18,711 16.001 12,131 46.381 I 14,931 530,61 101,391 Sep-92 I 18.011 16,001 12,131 40.151 I 18.891 530,61 101.391 Oct-92 1 19.061 16.001 12,131 40,151 99.011 21.521 530.61 101,391 NoY-92 I 15,901 16,001 12,131 37,721 I 47.011 530.61 101.391 Oec-92 I 14.501 16,001 12,131 39.481 99,011 69.601 530.61 101.391 92 subtotal I 5168,74 I 5154.35 I 5109,17 I 5355,76 1 5405.72 I 5267.90 154,775,49 5912.51 I 57,149.64 Jan-93 I 14.151 16.001 12,131 46,021 1 84,221 530.61 101,391 Feb-93 I 15.561 16,001 12,131 47,711 I 43.911 530.61 109.391 Mar-93 1 18,011 16.001 12.131 46.611 I 87.971 530.61 109.391 Apr-93 I 16.601 16,001 12,131 48.831 99,011 113,961 530,61 109.391 May-93 I 16,151 16.001 12,131 32.121 I 44.481 530.61 109.391 Jun-93 I 15,631 16,001 12.131 30.181 1 26.391 530.61 109.391 Jul-93 I 20.781 16.001 12,131 48,731 99,011 24,821 530,61 109.391 Aug-93 1 21,341 16.321 12.131 69.571 I 17.051 530,61 109.391 Sep-93 I 20,291 18,321 12.131 56,101 I 17.051 530.61 109,391 Oct-93 I 17,141 18.321 12,131 33.661 98.001 24.441 530.61 109,391 NoY-93 1 17,141 18.321 12,131 39.361 1 41,121 530,61 109.391 Oec.93 I 17,141 18.321 12,131 43,021 I 55.121 530,61 109.391 93 subtotal I 5209,93 1 5203.60 1 5145,56 I 5541,91 I 5296,02 \ 5580,53 156,367.32 51,304,68 1 59,649,55 Jan-94 I 14.691 18.321 12,13\ 55,811 98,001 84,961 530,61 109,391 Feb-94 16,791 18.321 12,131 47.631 I 132,461 530,61 109.391 Mar-94 24,831 18,321 12.131 65.831 I 109,911 530,61 109.391 Apr-94 15.741 18.321 12,131 44.291 98.001 142,031 530,61 109.391 Mav-94 I 18,191 18.321 12,131 38,351 I 56.611 530.61 109.391 Jun-94 16.441 18.321 12,131 40.531 I 21.231 530,61 109.391 Jul-94 21,681 18.321 12,131 67.751 98.001 20,731 531.1,61 109.391 Auo-94 18.891 18,321 12.131 72,881 1 20.761 530.61 109.391 Sep-94 18,861 18,321 12,131 40.971 I 20,771 530,61 109.391 Ocl-94 17.651 18,321 12,131 42.851 98.001 22,221 530.61 109.391 NoY-94 :<:0,661 18.32: 12,131 36.811 1 45,781 530.61 109.391 Oec-94 19,871 18,321 12,131 36.811 I 27,991 530,611 109,391 94 subtotal 1 5224,29 I 5219,84 I 5145,56 1 5590.51 1 5392,00 I 5705,45 156,367,32 151,312,68 1 59,957.65 Jan-95 18,021 18,321 12,131 52.831 98.001 79.781 530,611 114.431 Feb-95 20,251 18.321 12,131 43,801 I 95.961 530.611 114.431 Mar-95 25,801 18,411 12.131 56.D11 I 100,781 530.611 114.431 Apr-95 I 11.351 18.421 12,131 37.221 98.001 86,961 530,611 114.431 Mav-95 I 19,121 19,981 12,131 39,101 1 55.381 530.611 114.431 Jun-95 I 17.651 19.98 12,131 47.261 1 32,901 530,611 114.431 Jul-95 1 20.981 19,98 12,131 51.301 98,001 19.921 530.611 114.431 Aug-95 I 29,181 19.98 12,131 94.861 19.271 530,611 114.431 Sep-95 19.091 19,98 12,131 74,371 18.621 530,611 114.431 Oct-95 20,131 19.981 12,13T 38.541 98.00 22,691 530,611 114.431 NoY-95 17,561 19.981 12,131 41.691 36.341 530,611 114.431 Oec-95 23,641 19.981 12,131 68,891 52.281 530,611 114.431 96 subtotal 5242.77' 5233,31 I 5145.56 I 5645,87T 5392.00 1 5620,88156,367,32151,373.16 I 510,020,87 ,I ;'j ~ ,I 28,341 19.98 12.131 71.201 . ~I 103.901 530.611 117.341 Feb-96 1 33.441 19.981 12,131 10.1,291 I 124,181 530.611 117.341 Mar-96 I 30,701 19,981 12,131 01.761 I 113,071 530,611 117,341 Aor-96 1 27,961 19,901 12,131 70,001 90,001 92.001 530.611 117.341 Mav-96 I 28.011 19,901 12.131 40,301 I 70.401 530.611 117.341 Jun-96 1 27.621 19.981 12.131 60.5.11 I 123.501 530.611 117,341 Jul-96 1 30.751 19.981 12.131 00,741 00,001 30,271 530,611 117,341 Aua-96 I 24.471 19,901 12.131 50,911 I 24.931 530.611 117,341 Sep-96 I 21.341 10.901 12.131 67,59' I 24.031 530.611 117,341 Oct-96 I 19,761 19.901 12.131 77.171 90,001 20,121 530,611 117.341 Nov-96 1 17.411 21.901 12.131 50,881 I 53,941 530.611 117.341 Dec.96 I 18,581 21,901 12.131 .10,511 I 80,911 530.611 117,341 96 subtotal I 5300.38 I 5243.80 1 51411,118 I $831.83 1 $392.00 I $871.01 156,387,32151,408,08 1 510,567,58 Jan-97 1 19,371 21,901 12.131 50,8011 90,001 112.061 530,611 117,341 Feb-97 I 20.991 21.901 12.131 72.401 I 82,251 530.611 162,311 Mar-97 I 22.961 21,901 12.131 04,021 "1 116,811 530.611 162.311 Apr-97 1 22,961 21.90 12.131 67,901 98,001 96,361 530.611 162,311 Mav-97 I 19.071 21,90 12.131 53,981 -r 72.721 530.811 162,311 Jun-97 I 21,441 21.90 12.131 59,131 1 21,331 530,611 162.311 Jul-97 1 21.441 21,901 12.131 78.041 96,001 32.011 530.611 182.311 Aug-97 I 21,851 21.901 12.131 80.501 I 27,081 530.611 162.311 Sep-97 I 20,671 21.901 12.131 70,361 I 27.081 530.611 162.311 Oct-97 I 20,281 24.431 12,131 53.901 98,001 13,111 530,611 162.311 Nov-97 1 21.311 24.431 12.131 56,801 i 45.161 530.611 162.311 Dec.97 I 26.381 24,431 12.131 50,841 , 76.481 530,611 162,311 1 97 subtotal I 5258.72 I 5270,39 I 5145.56 I 5768.33 . $392,00 ! 5725.05 156,367,32151,902.75 I 510,830,12 ! 1 I I 1 I 1 1 1 Grand Total I 1,412,831 1,325.091 836,971 3,734.011 2,269,741 3,770.821 36.612.091 8,213.861 58,175.41 I I I I I 1 1 1 I I I I I I I 1 I Cancelled checks used to document expenses Irom APr, 92 to Nov,92 I I I Bealnnlng Dec. 92 used automatic deduction Irom checklno lor Water. Elec. Gas and Mortaage I Bank statements available for Feb. 94 ta Dec, 97 all other amount3 are documented from check ledger I Phone Is basic service- na lono distance chartles included I 1 I I . . .... ) rt'I .z ! '" \ .~ .. \ ~ '" \ , en .. 0 ,. '. . 0 0 . .z .z 0 tJ" " rt'I " .z tJ" o t'- o 0, , rJl o 0, .' :~ to..' . ..' - . . I I '\ .. .. , '. ,,"I ,- '. , ' ,,,/" '. , .. ',; ~ lJ:~1 0' . r , . :.". llBI' $,HlINOIlIl3d ~ '" , . ',::. . , : '. '. " . . . ..'... .~: .' .\ .' .1.. I " , " .' ~" . '. 'f , "." . "1' " ' . , . ..,,1, ...... :.'...... " ".." 'J':' ..... '.' ;', ':',' I~'" ;~If[. .llh,,; .: ... ~ 0 t~..,,,.,,,,~,, ~"4_\""a'J.. '.. . ,.' Je I '006833 MUTUAL FUNDS ACCOUNT DETAIL AS OF MAY 20. 1992 PAOE 003 Nw D:I.IIlnlionl Fund Account NlIIblrl Owner'e N.II TaxpIYlr 101 0000 0010 6357 8162 7 002 CilERYL BETH AutT 190-40-8684 Amount Rldl.ld 19921 Totll Div. RlinVlltldl NlIIber of Shirl. ownldl Account Valull $9,123.19 $4,130.09 0,000 $,00 Transac1::I.anll OrOllB Amaunt Deduc1::I.ans Number iii' Shares Price Per Share Date Rld..pt:l.on 02/21/92 , $9,123.19- 0.000 % $13.114 695.683- n.. FDIC requir.. tIuot ... _. th. fOllowing di.clo..... to our cll..t.. If ~ MV. que.tlon., pl.... contoct ~our per.OBIl flnoncl.1 plonnor. .. IDS Flnoncbl Service. Ino. I IDS Llf. In...._. ~..~ I IDS L1 f. In...._ ~..~ of ,.." York _ IDS CerUflc.t. c:o.p.n~ .... not _., _ tho ._lU.. *'-~ off.r .... not blChd or _..t_ ..bv ..,y _, nor .... *'-~ In......t by,,*,- FDIC. '0 ....________ _'_._. ...._.___.__ . \ , I .' , , , 006833 MUTUAL FUNDS ACCOUNT DETAIL AS OF MAY 20. 1992 Stock Fund PAGE 002 Account Number: Owner'S Namel Taxpayer 10: 0000 0010 3357 8162 0 002 CHERYL BETH AutT 190-40-8684 Dividend Reinvested 1992: Amount Redeemed 1992: Total Net Investment: Total Div. Reinvested I Number of Shares Owned I Curro Value Per Share: Account Value I $77 . 76 $7,000,00 $10,163.88 $9,131.29 549.641 $19,844 $10,907,08 Transac1::I.ans Grass Price Number Date Amount DedUc1::I.ons Per Share Oi' Shares Redemption 02/21/92 $7,000.00- 0,000 % Reinvest DiVidend 03/30/92 $19.836 352.894- Div per,Share 0.1425 $77 ,76 0,000 % $19.494 3,989 ~ -.-_.~_. PETITIONER'S EXHIPf (C Y-!'-CJe; $1l-S . fMIIK 10MECEK ilEAL ESTATE Arl'llI\lSAL SEflVICE . UNIFORM RESIDENTIAL APPRAISAL REPORT FII,II.,' P,oDOIIvMhss 600J HILLIN! DRIVE CII'HIECIINIICSDURG Sial. I'll lit Co,," 17055 leaalDestlkllkm DEED DOOK J5 PIIGE 105 Covnly lJAU1'1I1tl Assessotl P_cel 110, TaxYe3l1990 R,E, Taxes S I.JOO,OO Sm!IJAI 0,00 B OWet CIIERYL IIULT CVIl.nI Owner CIIERn IIUI.T Ocev ant: X Own" . Vac..i o is .~sed Feo SIrn ~ Leasehold PID eel T 0 1'110 Conoomlnlvm III A on 1I0A II II D l!l.!d.lbDlhood O. PloJllilli!lJ1L...!JOIIE fohljl,ndmf~O 19-C-2 ~!!l!YIJmtl 42-041-1 1L- Sale Pike S REFIIWICE Dalo of SJlo _.Jmllp]iJ1l!lU.l!llll!!!l.l!IQ!I\.Ihl1gl"~iJ1UlllQ!!llIJltPl~Io1JlnlL!!lll .Mllder/CIe.i MEIITS IIOIITGIIGE COIWNIV ~!!!lmU.!!!L\lUEII1'lII 1I01l11,-hEUNI01!,-PII_!1114~ aIm F/WIK 1'DnECEK MI"ss 42U f'l.mrVII.I.E ilOilO LEUNIOII I'll 1'/U42 localbn Ulban nUI~ P"domlnlnl 5 n!lt' Iml OUI nil P'U'h' Ilhd UU % Bv. VI' l8l 0'1" 75" UI>~,15" occvp""y 1'1~1 ~?s~ On.I,mll( _1!!!L G.owthl"o Eln'l'ld IJsIow 18l0w.~. lOll _(,S_Low_l.!!- 2,4,,"11( -- r,opellyvaluu -: Inc"..b'll [8J SlalJ~ [) Oeellnl,'II IJ Ter". 12LII!!JIl 4 0 Mvnl'..nl~ o.m""Vlvpp~ 1:\ SI.nli1ll'l [EJ In boJ.v~1 EjJ. 0,,, svpp~ I~l VIClIIIIO,!~) :ililIT P"oomln... ,Villi, COIllIll"'~~ ---- .MlIMIhI~'_[ .lJill!IlJ.n!llI,.l>s1)J1.11l2l~ .!1mimYL L 11c,lollL~1. 95 25 Not., R_a. ."d II.. taolal aaatpa.lllon allh. ".tghbolhooll ... nol .ppl.lul taclo.., 1I.lghbolh.odbov..Lv~..."c1,vac'erkl~l: II0nT!l...Qr_CII!lli!.~,"U!l<J:;.....J!OU"'l! or COIIOIlOGUIIlfi.1' cn~~!S._HES'" OF GOOD 1I0PE n01l1l ll!J1!JJ\!IT....QL!i!~.._..__,____.._.._,.,__.. .. Facloll U,~ ~I..II1~ llI:vkelal,O!y o'l1~ prop."lo, ~111~ nelghhOlho(lIlli"volml!y 10 er"pIoYIl1,"1 .."I ..,lenOIe" 'lI1pl'ym.nl.lalJIlIfy. 'l'p.allo llI..kel, .Ic,): ,Tll!LtIlOI'EIIl'Y IS I.Qfl~TE!LltLIINJ!C!J);tLIQ!:I!J~!!l.L!!!..ClIII!l!;!!IJlIII! COUIITY NIIJ IS pllnT qr II nESlIlE/lTIIIL SIlU-!!IV!JllOtL:rrIIl'r...!!!lrr,J!lLl.1T-!!.!~...!tL,l'llLL'!./!!' S"-1'!!~..l!f<.! GIl!lill!ll9..Q!LJS I'll 11-11I11 11.'1 CO!II'OSED Of /lVEMGE .ll\!III.!IL.'lfd!I;J;[Llli\!!<;IU,HJ&.JJ~!U1m,_1'Ij.l.!! ,[lI\!:l\..! n,Y)Ij':'!;!!!mrhUQ~!I:o IIEIIII TVI'I {;1I1..../IIIEII! T I ES.....J!l1QfP I IIG,- "ten f;n'fl2l1._f:L!~..!n L!!;!lL..GflIT t:!!~ ,_ ~l!L! !~.Jun~L {!j !!!l!:LJ\Y r~'!! !~!!ll_{\J~_!liLlill.~ns f. COllI) I T!!lli.22'.ITECT J UG TilL- IlIIlIli!U:MillIL-.-_ ----....-- M..kel coOO!lons k111~ ,vhleel neighborhood (1,~lvrl1no ,"pporllo. II~ almve co.~I".Io", "1,,I.dlo Ih.I"," 01 ploperly values. delll""I""pP~, nnd m:vI.11ng 1m. .. Ivch as data on comp.llI~o plopellle, 10' ..110 k111~ 1~lghho,I"OII, '.'Cl11'1Ion of II~ I""aler~. 01 .ales ,,,<I I1n",~lno concmlo"., .Ic,): PIIOI'Elln Vlll.UES III1VE III;EII STIIIII.E III TilE '!!;!Ql!UoilllQOU"..NIIJ sunnOUIIOIllG "IIIIII(E1'1I11J IInl:lI. l'IIIIIK~TIIlG TUlE fOR SIIlGLE Oil IIUI,1:!.:fNIII.Y l'nOI'EnTI!;!LIl!!l'LllnE_ill;IIS01lIlUI.v_pnICED. IS GE/lEMI,LY II!;THI:W J TO 6 HOIITIIS. IN LEDNIOII COUlITY IT IS COI'DIOII TO FIIIO Tl!E SI;lli!' IIlllll!Q..l" SOlIE OF TilE DUVEns CI.OSIIlG COSTS. III,TIIOUGII IT OCCUIIS IT IS 110'1' II I'IIEVIII.EII'I' EXlmCln,f:..~11I:tn:...!!!n;!!!;2T .I'liTES IWIGE DETHEf.1I 6 /lNO 0\, ~.nd"" chango [8] 1101 i\.~ [I L~.~ Olnproc.s, To: 110 II/II II/II PIOIICII"'OIm,lIon '01 PUO, (~ appli:allo) , .1, 11~ developer/lmilt!er UI conllol of 11~ 110m. Own",' A\\ocL,llon (1I0A)? Yes ApproJdn1a1o loIalnvmh" vi vnfts IIII~ .vhlecl proleel _!!lll Approollll,l.lolalllvlllher 01 vnll, 101 salo In II~ .vhjeel ploleel Oescr~. common '~IlI.nI, and "",atlonal'ac,II~': 1I0llE Oln.nsbns SEE LEGIIL OESCIIIPTIOII Topog"phy HOSTI,Y LEVEL Sb ".. ,19 IIcnES Corne, Lol 0 Yes 0110 m,. IIVEMGE SpedJc lonlng clas,lJcallon nnd de.crlpllon Shapo I nREGUIJlR lonlno compllanc. [8] LeoaJ 0 L.ga1 ooncordOlmlng (G,andfall~,,<I use) [J lII.g~ 0 110 lon1no Ol~nago IIppE/lRS /\DE UIITE lUoh,~ & b.d 010" 1m,,""': rxJ P",,'" Vs. 0 I~, .selt.'I'lalnl VIew IIVEMGE Utll"~. Pvhllc 011-0. OIl-.",lmp'OVIm,nl. Typ. Pvhllc pl~al. Landscaplllll 1'lIITunE ElechJcIy [8] 200 Sheel I'IIVEIl [8] 0 OI~'Way Svrlac. pIIVED IISplIlILT Oas i.8I CVIWgvller COl/cIIETE [8] 0 App...nI.as.m.nl. TY PICIIL Waler [8] Sidewalk COIICIIETE 0 0 FEMASpecIalFloo<lIl....dA". 0 Yu [8] 110 San1I"l'sewer [8] Sheelr'll'.' YES [8] 0 FEMA 10110 C M'l' Oal. Slor sewer Aile 1I0llE --D, 110, Comm."', ('l'p..erd "",erse ....mer... .ncloachm.nt., special ...."n""I.. .Ode ...as.lD.gal 01 ~llal oonco"'OImb'lllonlno 0". e1C,): TilE SITE COIISISTS OF /IN IIVEMGE LOT rOil TilE IIEIOI/IIOIIIIOOO III TEIUIS or SIZE NlD IIPpEIIL, 'I'IlERE /\liE NO /\DVEIISE EIISEHEIITS on ElIcnOIlCllllEIITS, TilE p"OpEnTY COllfOlU'lS TO ZOllll/G IIEGUIJlTIOIIS, GEI/ERAlOESCRIP11ON EXTERIOR OEscn:pnOI/ FoolIOAlIOII BASEMEIII 110, vi Unns 1 Fovl>lailon COIICIIETE Slab 1I00/E A". Sq, F1, 900 lIo,vlSlorles I E~erlolWalb DRICK/IILlJH CoawISpac.IIDOITIOII "Flnbl-o<l 10 Type (Oel/AII,) DEl' Roof SUflac. IISmliIill1!L Bas'llI.nl 111I11I 1I0USE c.mno ORYHIILL Design (5ly~) /WICII Ovll... & OWlllpls, lll.UlI/1I0EIL- Svmp Pump 1I001E Walls ollnlLL/Ho Eldslboo'l'lOposed EXISTIlIG Window Typo 0, IIUIIG O""pnelS 1I0llE Floo. C/\IIPET All" ('lIS,) 25'" SlormlSe",,,, IIISlJlJl1'EO S.II~m.nl NOlIE Ovl.1de Enhy NOliE Ellecl~.A IS, 0-10 ManufacIUf.<lllov.. 110 "dell,llon 1I001E ROOMS -I2l'll....... -iM!!lI OInlna~!L -!lID-...f!m!!LIl1!1. R.c, Rm, O.droom. N B.II.. ~ Bas.m.'" I IInEII Lovell 1 1 . lov.' 2 IIISUlAnOlI RDO! 0 c.mno 0 Walls 0 Fbol 0 iloIlO NONE [8] UnMown 0 I I I' r I A". Sa, F1, 900 1. 260 OIl~1 , , , I I i'1 !I J 2 Flnbhed.....bOVl .""contaln.: 6 Room.' JB.<llOom,' 2B'lh., 1 260 Sv:v.FeelofOIOlSL~ AI" IIlTERIOR MalerlaWCondlllon IlEAnNG KIlCIIE/HooI?, Arnc AMEIIIIIES CAR SIORAGE: - FbolS s.r.I",~!:!!I.'L!!;!:J:~I.(,HL Typ. .flL,_... R.hlo",lo. n 1I0ne 0 Fb.place(.) N ~_ 0 1I0ne 0 Walls plJISTER/GD Fv.1 GIIS R""ll'IOven [j S1~" 0 Pallo EIICLOSED [8] G..1lI" T.knlfk1bh HOOIl/GO Condlllon GOOD OI.po.aI 0 0101' Sial. 0 Oeck NOliE 0 Allacl~d BalhFbo. VIIIYLTlLE/GO COIllIIIG Obhwasher 0 Scvllle [8] pOlch NOliE 0 O,lacl-o<l BalhWalnscol f1nGKIT'SIII~II/GO C.nllal _YES F.,,1100<l 0 fbo. 0 r.nc. 1I0llE 0 Bvill.In OOOlS IIISUlJITEO/GO Oll~. Mi:row",. 0 lI.al.d 0 1'001 1I00lE 0 C..po.1 Con<lllon IIVG W..I~'ID er flnl.h,<I DI~'w ONE AMllonal I.alv". (.peclal .nelll'l.tr~~,H.m', .Ic,): GIIS I/EII1' NlD I/OT HIITER, REplJICEl,lEIIT HlIlDOHS IlISTIII.LED IN 1990 1\110 TilE IIEII1'II/G fUllI/IICE HilS IIISTIILLEO III 1906, TilE liS 1'1111 1.1' SIIIIIGLE ROOF IS 2 YEll" OLD, CoOOftlon vi U~ IrnplDv.m.nI', ""p,,.laIlon (pl~.~~,'vllcllon~, nnd e"..nall, "P~" needed, qualify 01 CDlllllvcllon, "modeOlll)'.lltJlliolls. .Ic,: plIY S I CIIL OEpIIECllI1'lOII IS IITT]!IUU1'IIDLE TO 1I0mlllL \'IE/\II NIIJ TEll" OF Till: STIlUCTU!'E IS EST!PIlTEO TO UE 10\, "IIEIIE liRE NO FUIICTIOIIIIL Oil EX1'Ellt/IIL OEI'IIECIIITIOII, N o1c,,' - ...I.~ \ Adv.... .",bonm.nlal coOOlllo1ll (.vch.., hvl nallillln.<I 10. h....oov. w..les, lo.ie .vh.l""es, .Ic,) p"..nllnll~ Imploy.mcnls, on Ih. sll., o. bll1~ mm.<llaIovielMyvllluvhleclp,operly,: TIIEIlE .1I1l~ 110 KlIO,nl IIIlVEIlSE EIIVII10l1IIEIITIIL COIlDITlOIIS IIFFEC1'lIlG TilE SUDJECT pIIOpEIITY TIIIIT TilE IIl'pMISER COULD ODSERVE USIIlG 1I0lU'II\L VISUIIL IIISpEC"rIOII TEClUlI liES, F"d<lJo Mac Fo.m 70 l'I93 PAGE I OF 1 Fann~ Mae Form 1004 l'I93 FOIIll UA2 - "TOTAL 2000 101 Window.' appral.aI sollw... by a Ia IlIDde,Inc, -1.8oo,ALAMODE . ......,.. UNIFORM RESIDE E~mMTED Sm: VALUE ..................................,..,.....,.. ,. $ fSTlMAT1:D REPRODUCTION COSH/EW.OF IMrROVEMEIITS: Dw.1Ing 1,260Sq,n.@$ 56,00.$ 11..QJ!!! 900Sq,F1.@$ 12.00 . 11..1.&Q ENCLOSED PATIO . &,~OO Garilll'l'Clllpoll ill- Sq, n. @$ 9,00. _---1..121 TolalEsllmal.dCosIN.w ,............,......,..,..,... $ 9;1., 511 Loss PI~slcal runclkl/\" E>I'II\,~ !'!ll'~ICl\lL1lEI'11EC1^TI01I 111 CA1,CUIJlTED 011 TilE D'pleclallon 13,4691 I -I I J,.!.!!2. l!lIJ!!LQL!a:rECTlyJU~Q!UllY1Q];IUJY r.COIIQJjICAI. O'p/eclalodValJ.oflmploV.III.ris ............,..,........,..'..'.. "1__12,.lQ~ !,j[l~, _. 'A"h'VaIu.ofSlelmplov.m.l1b ...........,....,......'..'"".... .~,_._._ld!QQ _.___ INOICATEDVAlUEBYCOSTAPpnOACII .. ....,..,........'........ ., 10'/.102 IrEM I SUBJECT _.__,_-"~~IPA~Dllil~L__ ___.fOMPA~1I0,2 _._.... COI.IPAIlADlEJlO,I 6003 WII,I,I/Il1 1lI11VE 5 llTI:I'lIf:1l /lO^" r. I>nrrAI.Il ST/lr.I:')' III W CI.E^"VIEW DI1IVE Mm' IIECIIA/HClW\!ll~', !'A",.., !:A:;,LJ,];!!IJll!ill!\Q,~__ ll~lJ~!lW,-'1L_ IJll!Jrill,;IJ, I'A ~~~ 'i<d!liil':.l.i.}J~iifti.b-4tl.r.~ . .. . _____ 1 UI.OCK '. 1 III I.E SwP,Ic. $_ /lErlllA/ICE :ii[,.:d';2~:Cl.bJL 9iL900l,NLilfGi.!.o,,,,1IL 100,~O ~~L_~ ~tl1t!!Il1A!!!_ $ 1/ l._l.!J.J.ll.!![iJlIEb:'l1L:'i.! L. 15.00 l/"Inm:Wiftrl.lil $ 92,GO I/JLS.l.Ull!lU.\lW Dala:vkVor III.S/SM,.:!} MH:IJ"r/nI101cr.n tll.S/S^I.t9 AOImT/nnOICCIl III.S,'SAU:S AOF.U'r/unOfu:n VOIJ1callon Sourc. PUUI, I c_,!llifo/m~ I'lIUI,1 C nECO/IO~ I'UUI,I C /lECOIID~ VALUE AOJUSIMEfl1S .' DESCnlPIIOII, DESCnlPIIOII ,l_il:ll MI!!!L DESCnlPIIOII l...il:l!MlUlI. OESCnlPlIOH _l...il:llM1!!!L SW 01 Finane"" {',kfX<';~,\tW;':t~p~klr,\ COIIV r I U: c:ouv r I U: COIN F I II : ".-"'10 ;:t~~-;,H:l}./i#1i~>f.fji':i"'\: : : ~ m .,:..,{>.__f:.<,.c:x"",~__",~:" 0 --1----- 0 . 0 I OaleofSaWTlrne ~y?}~\j.T,S~)~j~}TIl!L9~ Oli29/90: 04J30/90: 9/29/90: .. ........ .............. ., - ---I -~ I . f locallon EQU^I. 1__ J;QU^I. i EQU^I, i ~~~ rEE SIIII'I,E ,f!;U!tll'I,E__i rEE SHlPI'L-j rEE SIMPLE i Sit .19 ^CnES -".p ^CnE i -,20 ^CnE i .195 ^CnE i VIew ^YEMGE EQU^,. i EQU^I. j EQU^L i ~lm1I!!UPpe" nN/CII J:;QU^I. i EQU^" i YU^I, i OuallvofConsbucl!!m ^VEMGE EQU^L i-- YU^/, j mUI\L i Aoe 25'- 31 I 30 i }O'- i Cordlon ^VE~GE I EOU~I,. i EQU~I.. i .mU~L. i Abov. Glade .lll!!,:M.unJ~ l!!!lL:fu!uI!!: B~I~-! l!!!lL:Bdlln':M!!L: ]Q!!Uful!m1~ Room Couri 6 ; 3 ! 2 5 i 3 ; 1.5 i 1500 1; 3 ! 2 ; 5 ! 3 ; 1 i GlOSS lMoaAlea -L11&.QJ;g"ll... -1,215 SQl1.: '500 1 ,440 SQ, It, L-..::!, 100 I ,025 So, It" B...merU rk1lshed 900 sr CMHL SI'^CE : rUI.I, USflT I rUI.L USHT : Room, B.low Glade rA/i/ROOII : . G, 000 UEII ; NOliE ; Funcllonal Utlltt ^VEMGE EQUAL J EQUAl. : EQU^I, : II.a1\no1Cooloa GMFMCEfll' GMrMCEfIT' G^srMWlflUH:, 1 ,000 G^srMCE/lT !, Eneuw Etocle~ hems STAtIOARD EOUAL : .YIUAL : EOUAL ~l!!!d IC CMPORT 2C CMPORT: -500 IC-DET^CIIED: -I , 000 IC CARPORT : POlch,Patb,Deck. EIICI.OSEO rAT IIOUE ! t2,!J00 lIotlE : "2,500 IIOUE ! ll~l'l. .1.. 1I0NE ,!JOIIE : rIREPLJ\CE: -1.500 lIotlE , Fence, Pool ele. HOllE limn: : FEIICEO YARD : NOUE : APPLIANCES RO/DWUISI' EOUM. : EOIJ^L : ,EQU^L : I!rlMcll9J!lJ _Ml 'g /Xl t n - :$ 9,000 TI + /Xl- :$ 100 J8l+" -I-:L Adiu.'od Sale, P,Ic. , 'titJ!!{L~'~q,~!I.~1 &f~!.Mmg,q~ltlf!.}WJIiIH~;~,~"1 of Com"IIIab" t i, MiGI0,,1.ld,5.li,I. 103 900 'J~Gross'i',Hi~I. 101, JOO iidlnifi~ 9i4'ti~'It 103 900 Comm.llI, on Sale, Comp"ison (1ncludilllJ 110. ,ubleel plOpOl/y', comp~ihDiIy 10 lhe 11.~hholf"od, "c): SEE ^TT^Cllr.D MDErlDUH NTIAL APPRAISAL REPORT FU.II.. 11'/2 25,000 COl1lm.lI15 on Co., ApplO3Ch (,uch as, 'OUIC. of co.1 esllmal".1e value, 'qu". 1001 c3lcuL~lon am fo, 1I1l0. V^ ",' flllllA,lh. esllmal.d "malnlno eeUI"11I1: Id. 0' II~ pIOpOI/y): TilE COS'!, SOIJRCES ME rllON I.OCAI, DUIWEI\S A/ID TilE AID OF TIlE NIIRS,,^I,r, AlID l1!:HFl' COST VALUATIOfl SERVICE. TilE ESTltJllTED !!!;l,^III1lliL!;COflOIllC ~!rE IS 41 YEIIRS, t1, 000 +2,400 +3,000 -t2,500 8,900 nEM SUBJECT COMPAIlABLE 110, 1 COMPAIlAOlE 110, 2 COMPARABLE NO.3 DaI., Prlc. ard Oala lAST SOW pnOPERTY "^S Orll.Y PROI'ERTY II^S Orll,Y I'ROPERTY II^S ONLY Sourc..fm plio, salc, 2/20/92 SOLD OlICE I'IITIII/I SOW OIICE 1'11'1'11111 SOI.D ONCE 1'111'11111 ltl!!!nY l3lsal I '01900 TilE LJ\ST VEM TilE IJlST YEM TilE lAST YEM Analjsh ofOlrJ CUII.nI 'O".m.nI of sale. opllon, 01 isllno of ,uhleel plOpOl/y am "'>ly.is 010lrJ Plio, ,~es 01 subleelam comp"able, wahln one Y'" oflhe date of lll'Plabal: TilE PROPERTY IS /101' UNDER ^GREEflEllT OF S^I,E OR LISTED rOR S^"E 1'IINr TilE MP,,^ISER IS ^I'I^RE OF, INOICATED VALUE BY SALES COMPARISOII APpnOACII ..""".,'..,'.., ,........"""",..""",'......"" ..... ..................... ......".., ..... $ 103. 900 III0lCATED VALUE BY IIICOME APpnOACII II Aoor.able\ EsU..,I.d M"k.1 R.111 $ , IMo, X GlOSS R.1lI Mu"I.UOI a' ThIs llI'pl3lsal h made [8J 'as b' U ,ub/eello Ih, "pallS. 3II01~lons, Inspeellons 01 cOl1d~lolls lill.d b.low U subleello complellon pOI pl3ns & 'peellkallol1S. CoodlloosoIAppro'"I: J!9.l!~~_..___ '..___.___,_______,_ _ _ Final Reeoncll1allon: TilE DIRECT SIIl,ES COMP^,lISOlI ^ppnO^CII PROVIDES TilE TYPICAL ^C1'lorrs or DUYERS A/ID SEI,LERS ItI TilE I,,^RKET PlACE NID II^S DEEII USED 111 IlEVELOPlrrG TilE rl/l^L ESTI~,^TE WIIICII IS SUPPORTED DY TilE COST APPRO^CII. TilE lIICotlE ^PPRO^CII DOES /101' ^PPLY TO 1I0l'1ES 1/1 TillS PRICE 1W1GE 111 LEDA/ION COUIlTY, . TI~ pUlpose oflhb llI'Plalsal b 10 esllmal.lI~ lll"k.1 value olll~ "~plOpOl/y Iha! is U~ .uhleel o/Ihis "po'l. bas.d on II~ abov. corxlalons am II~ cOlIJ1callol\ conllnoenl _ am Im""o corxl~lons, and m"k.1 value tlefJn~lon II,~ ". ,',I.d In U~ all3OJ~d r"tkf~ /.130 fOlm 4J!l'fIIMA 101m 10046 (R.vis.d I, . I(WEI ESTIMATE TIlE MAnKETVAlUE,AS DEflllED,OfTIIE REAL pnOPERTY TIIATlS TIlE SUDJECT Of TillS REPonT,AS Of Octobor 23. 1990 (WIIICII IS TIlE DATE Of IIISPECTlOII AIID TilE EffECTIVE DATE OF TIllS nEPOnn TO BE $ 103, 900 APPRAISEn, ~ P --:-- SUPEnVISOnY APPRAISEn (Olll Y If nEOUIRED): SlJnaIulO '!2!a.../. '-'" k,.w.>_" .A" S~l13lu" N>m. rIWIK TOUECEK """' tl.!!ill.POI15k1ned OCTODEII 21 , 1990 1lM!fuJl!!!!.IDJl"'~ Sial. c.llr~a1lon' GEtlEML 314 - L Sial. PA Sial. CO/lllkallon , 01 SlaI.llc.",. , Sial. 0151,1. LIc.nse , DDId DDIdNol 'nspeel P/Opelly rleddlo Mar: fOlm 70 l'>'93 Sial. Sial- PAGE 2 OF 2 rOlm UA2 - '10TAL 2000 101 VlI"low"llI'p,aJ,aI ,ollwall by a Ia mom.Inc, -1.6oo.ALAMOOE Fann~ Mae Fo,m 1004 6-93 .' JAN, '13' 99ITHUl 16:01 P,003 BARRETT REAL ESTATE TEL:l11 243 1621 1'.I'.n L I. dlI l.-mll 11&& ",'!..1JIt lXnOl'..... lCarrlet UIl'MIOQDlIft. .... .,........ .... If CMI~. .... ~hII,"""otrN/lalli ~. .1:.17 [!J'II O.IM (If........ Ace-nuhl. .. IIrellued t. Nt IN lfllIMdIlI ........fU. I' lilt ,.oan_ IIIIDNIIII III' '1IItClOnU (DIn', lOCI", ....... &fill ....,. .'" 01 "IN~. .,.. CO/'llII' Nl'l, "". Wet Of r~ rMnI...., .ft.I' GJ YII 0 No 11' 110, ....... Ace_Dubh .. bun.red. AI atllvioully .~.t.d the arid hi' been .diuleed to reflect 1306 S . Fe Por th. .ubtICt. la.1I III IIlClIICI OfCIOIny II a SllllJl rISldIntlallncllml ,'.ny 12.c\lNl1 ot & UIlqIl.lun"" Ift'l'tSIIM1M ,..,..., .1I1tl1 compatlbl. IlfIlIJ &lid UpIfIII dla. lUll,." &lIII"~.7 OVn 0" m.,.IIl...,"......1 U,1f lIlI '~PfUDlny IS III illdmaall UIlI lit a candlmll\iwn II' PUD IWGIKt. It IN "OIIU llfIChCl6Cll ........ and lCalflll1 OV" ON. mHlA III 1llI, apUlI 12.11 ltlI nDm.. 0I1N"'1 yaM for lilt slltllKt ~rtt fUSClll1Il11 &I or "'. ffIIQM cia.. cI DlI .ppraiul1 _~. VII _ ~_ Pee I" no, pmrdc 1ft 'PORlOnltl "0/'/1111 of UIr mittel nIClIIlot "'" fllttlU DftlOiIrIJ IIlI NIl ,. UIII'llIl*-lullriot iM'pectlon cw,. ,","try ~ lIld mg:tIart. lie.) IJW lbI ~ is ~d 10.1 AccePtable IS prepared. .. Drevious! stated the nid ha. been adjusted to ratl.et 1306 SQ. Ft. rat the subject. The ark.1: value .. rb. u.le. camp_rlean ~ppro.ch h.. been ter~Cl1cil.d acc:ordind 13. Hu Iftm btI" I SI.lIlStWI&I d'wlp ill IflI tLLn taIllGmJ ill ,.. ltI.& S.CI .. dtecIM dUI of IIle ~7 Uy" ~.. (It ,I', - -"'l ProD.rrt' value. .ed 4uDDlvJdemaad have uuiD.ec1 atable. 1..11 tJlI ftb!ed P\'1l'Ilrffy is . CCIOPIrlm uoit, !hi f't'nIW lfIPl'Il1lt ntl.lIl ~q lbI an..... ltIJ 1talnC1 Clf b al1llV\ll UlPBWIfs dts~oc. and aMfylIl uf If'le c:oo,.nfl.. P/'Oiul lAd &PICllaltf ccrnlllllU Oft lfII ltalIUy elf: (.1 l.'II IlUmlltr cd sIlltu 11!nbIt&b1c fit U'le und: lbl aw JltO"IIll llIal1 at I!II b1U..cl mort;1Q1! ",,",nl'l; and (el t:Ia trutmtllt at IN mOllUlly Wt$&rDtIlts aI ltIa mtlllllnDlt WIlL !fot: AClDlieab1e I..... ........... II., -.... III..... _,...... _................. _ I........, II.... _--... .. .... ..-.. .. 1M ~ _ Ia III...... _ .. ..... ...,... ...... .. __ .. ... ... .. .. ....... ....... ... ....... ~ .. - ......--. ........- ---. ....... ......... - I .. . ..-- . ......... ~ tII 1M ....", - 1& ... I~ "r~"'" .. I ... . ..... ,__.. II _ _ ...... . .. .... ...... ... .. -- 1& - ..a.... . ... ., ~ .... . ....... ....... If.......... '- ., .. _ II. all ..... .. _ .. ........ ....... .. ........ ta ....,..,.. .. ~ ___ If "......... ....... PnIIIce. ................_, ~~ v --. {J I ... snwx V.IAlUlETf. SRPA. SIA Janu&t"Y 12. 1999 ~ r:::"!':"'-~:thj:.:~E:!:-:~n:~:::",,,,:::.'; ':'~'~lM~.!.:..~l;:::::::"'ai:it:~:.;::~. ._.. :';"':~;: LI.!.~!i~l~ ...:' .....::.:If=... -... ........ ....~._._....... RrriI. UMt,..II"1 CoInlJllflCl I~ at Rrna. UZldttwnIl1 I ..,. '.......,..rarplMJ I..,..,.... ............r.. m"JOo-. ,....-. '-""'-P~ I..'...,...... , \ , I i , , , , ! " '"' JAN, .13' 99lTHUI 1&:01 BARRETT REAL ESTATE TEL'l11 143 1&11 P,004 DEFlNmON OFMAAKETVALUI!: Th. 11'I0" prob.tlla ptjcw -rtldt .,."..."., U\ol.Itd Milt'" . ClMI"'i~ aM 0,." "'''''1 Ul'tdW ... CMdIeionl rftI\Illl'- ta I tak 1"0, In. bvret and ....,..Mft 1ftI"t 1t\MMn1y. 1ln1lRkliQ..tW' and "I"mlnt 1ft...,. I, nIt an.a.d..., ""eNe.Dmut".. ImllkilllU'"Id1t1"",bon I, thucH1I","mllMtntl. ute.. .. . IIMCI"'" d... and 1M pllma 0' tnll ftofI'I ,"INto bU,., ""dttc:onclrtlan,,,"",by: I1l buytflt\ll....,.,. ty~ MOOVl"'; (21 ..~ ........ IN ..II IIlfOttMCI 01 .lIlld~MCI.lI\d ..en acting In w".t fl. COft'ldMtl'll. own MIl In",.,t: I') a ,..,0MIbIe tInM 1.-'.... lat .apow,. 'n 11'1' 001" mlllllet; (I) p"",tI'tt ia "'HI in lem, .f catft 'n U,S. OOUIf'II Of 'n fMIl. 01 ""1Iftltt. .,.,......11 ...,.,.- lfttrtfG: 1M ('1 eft. ,nm NPtIMntl tfte non"." com~ lot fPle PfOP,,1't IMd u".tNatd ~ IPtO&I or tl,,'\It linMdtlIl Of .... conmlllOn'- ,taIltad bJ ltl,otI1 UI.oci.ttd with 1M loll., "Adju'''''.ntl ta the COfftpa,dlI.. mvtl ~ m.de for .pea,t 0' U"IWII finlnOn9 or .... conetlUonl, No ltdj"llmlnla lie MOII'1Iy rot t1I0" calli wNcft IN ftOfIII'IlltJ' __ by _tm... mil" ., rra.ldon 0' I.. In . ...,rut ...: 1ft... CDlII are fUdIIy ldlMbn..... 'I~ the MlIet plIfa tht.. aria in "'",,&I'" Ill..... lrMIACIJOnl, 91*U1 at cn&ltVll ftn.Ind"t adjlMlmeftt1 ~~ "'Me to 1M wmp.ule ptOPMtJ bycamDlnlo", IlJ ""Mdnf II"'" 01"," by ."nrel ~ 1",allJbon. lendItI11I.1 l. I'tOI Ill"'" In",,," In Ift8 praoany at ttanuatotl. Atf1 ~I,",ltnr ~ nol be uJc:ulalild on . "'~ dolt. to, da", CDlI 01 III. ~ M ~'"" bwl nte ctoIlat MlOllftI of''', _,tment lhow'" ~""'II tM "'MUra ...cuon tAl 1M "^MOitlt Ot GOnalllian. MMCl on rtIt .ppraiMf'" IWdGMtI"L , CERTIFICATION AND STATEMENT OF LlllmNO CONDmONS CEAnFICAnON; 11Ie APDI1lIH1 CII1II\n Ind so"'" th.l: 1. The Ap"...... hu no PNllnlat UWltutpllt8d tutnelntef'ell mlha "'~" ",prei.: 1M MitMt thl empJoymllflllo mike IN ......... tIOIlft4l Q')tl'l""...uon lor II. I' COl'llinpm u,on 1l1....1d 'lllue of Iftl Pf'OSlIrr,. 2. Thl Appra..... hi. no PInon" 'nr.rtlt In 0' CIa wntt relpacllO 1M l\I!lfKI "'.rM' of ~ ~tUI ,.,oft at'" patNJ. p&rItI to thl late. Thl 'Eld",el' 01 "&R.II Valu.' II'III'MI a,praiul t.,on i. l'IIt baMd in wh. at In 1*'1 "110ft ilia......... or nabOn" onttn of 1M prolpedrM OW"." 01 OCICIJ""nll of ttll propIf1y ....... Of' upon EM ,... ao6at 01 naDOMl otitin af OIl prl..,.1 OWMtI III OIC:WPAIII' 01 the prOpental in Itll wtcWIY' of U\I ptaoany 'W1l1ld. S. 1111 AHNl'" fl.. pII'IOf'Iauy I"1PCtId Ill. $npltlJ. IloVl 1I\'1Cf~ MIS out. and 1'1.. m.. All Ill8rlOf' M'l.jMdaOft 01 all comjt&tallla ..... Ii.tad in .".,.,.,.. Taltttl ban 01 me Ap,"""', ~and heMt. .11 .......enta" irltotm.tioft in trria Npatt arl tNI and aonKC, and 1M APOt&lIoW 1'111;, '"" 1Inerwt,.,., wtCNttflIlI'l' ...licanl infonn.Il.... .. All carnilloenl Ind UmlMa Ctllldlltoft' ... CtlftfaUlld tlnn (impoMd trr the tmtt. 01 rI'I. &I~,"m.ftt 01 by tt1. undlr. slQnad .tfecnn, me aftaJ,,,,.. Opinion.. and condulion. toftllfMd tn 1fI1 ra""". !I. TllI. 'PPIIl'" rrport I'IIJ been madllft C'Oft'Ol'l'llity Wrtfland II .",b[acI to till twqIIimnents or ml Cadi or Ptuta.a.iOMJ Elhics and Slandatda 01 Protl..ion&l Conduct 01 tIl. &IIns" organlUtlOnI .,In wl\ld'l 11'II Ap"....... il .tIlJietH. t. AU eondlJ.lon. and opinion.. conCCfnlnQ the ".. altat8 m.. arl Nt 1011tl in ttll .pptai.... r-.port werl pt.p.&Nd br Ifle Apprai.... who.. sionaOJ'" appun onltll ajlptala.al ..-po". \U\l1,,1ndicala u.RevHrw Aponuur.' No "'M91 0' lIlY 11M! In crt. qpt&Ilaa ...pan ,"Ill be m'dI b, anyon, oU'ltf tIlan Il'Ie APllt.IU, II'ld N ,lOpt&la., tMA flaw 110 ~1oIbI1I'Y' tot .ny 1Ud'l Ut'laulrwNlnd d\ant.. CONTINGENT AND L1UmNG CONDITIONS: Thl ClI'fhlicaCon 01 ml Appn,l'" ~p..tlnG in Ill. appraiuj Npo"I.1lIb- iect to th, 'oUolloino COtIdiliGft..and ta well o~" &OKIfia anca limitinG CDIldmOl'la u .,...1 fonI'I by _ ~.., 1ft ItII ,.,.w. 1. Th. ...pp,al.., """""nG t"9Ofl1tb1tlty 'at mnmt at,leg.1 narura.tfecDtt9 the' ~et1J~lihd otthl titlwftleN.. la, not dOlt.... Appraiwr NnCl., :I"J' opinkwl at fa 1tI. tid.. .mch i. ...."med IQ bit GOOd and mIfUWlI.. 1'bai pn:lpeny I. 1CI~11d aa tIloUOft Uftur "',pOMibl. a.nentlip. 2. Anr sktlch in thtt rapan ",., '"ow appronmate dim.nSlonl and IllneNded IQ aullt !he 1"lI1OII, 111 V1sualIZittl ItII ptop. et1y. The~., flu ",... /la S"I"MY 01 a.. property. 1. T1HI ApptaiMl i. no. tequiM 10 a..... """'llftJ at lJlpIIarin court btc:auu 01 lining madlm. .PJftIUl wllft ...~ lDlfte pnpanrln qua.OOtl.un".."""',...."'tI hai""...,. ,,"ouurmuI tNtatot. 4. Anf d1.lI"IbUOOft 01 thl v......barl in III report bIIWMn lat'ld and im$n'*"lntl ~, only u~ the llIlling pfOQtllft 01 wll.1aaott. the ",,1I'a. Y&lu.lJOn. lot tand and tMIiidlr1, 1tt1l.1 nat be "'.... In COftjuncDon wM IIfY 01Hl' afI,.,.... .... &I'll ltnl'aUcI il "0 UlId. So Thl Appraur IISume. lhaI aMN ... no hidden 01 ~. COfMIZion. 01 LI'le PfOC*I'r. Mlbaod. Of .~ wNclft would t'IftCMt II mot. or I... YIlIuua.. The ApPt'llset anum.. no mllGtlabillly lot wen c:ondrilion.. oc fOt' anginMring which might '- ,1'qUftd 10 OICD,*, slolCtl fa:tatL I. Inlo......I6an. fthmml. and optnlOn.Ivml....d ta o.e Apporaiwr. and com.mtQ In 1M Noon. ..... obtIancMI '""" MUrw. eltftSIOltld r'ttiabie and bf:Itned 10 be tnIa aI'Id COrrect. How.....,. no ...patltlbiliry 'at ac:cutKf 01 IloICh i~. hamiahft the AppraJlllf C2I'l b. Uluntltd b, the AppraiSlt. 7. Ol.do.u,. olUle C'On~ts 01 tflo &$ljlfalul '1pGf't IllJClftfTltd I), tit. B,I... and Ragula~nl 01 thl pf1)lluion" "'~ Ol"Q&rnulion. with wtllch Ill. Appl'2l&olt i, .fljliatlld. .. HafU\ar au. nor '11)' pan 01 UlI canttn. 01 \:hi t'ftIIOtt, Of 059J ""--I Ilnchlding condustaM as tG !tie pntp..ry ~... the kMnII:l'y oIUlIA",..;..,. profI.&icn~ dI.ilJnadon., "'Irenoa 10"" pro"'a.onaJ __.... O'1anilationl. at OM fInn willi whlc:h m. Apptal.... II canneclladl. IMlI be used to, any plUIlOae. by.",OIIII buI rM dltnl sptQlied in the ~ IhG bamJwtt if~ fn pMdbJ '&IM. Ul.mOfIf-vw0' IlIaUCCI110tt aM ....!lm. mOffV&Plttlum.. COl'ItUftanta, ~II ""1&1 orglNUliona. 11/\' .tar. Of' "'etdy IIPSWO'IOd ""Mesal "'IJiMIOi'I. &IT1' ~Ilftf., aqeney. at lll.nmtfttllirr 01 Ihe Unilitd SlIlIn Of' any .ta_or iMDilU'icl01 CoI"""bta,wtIfIOtII11'I. prwMawawnu.ncon.."tolm. APfWal..,:net1hMlilbe CIOfrIt"r'tCIby IftJ'Of'II to ttIII public throW1lh ~maJnt. pu!l1ic. tetalion..,.,...... ...... Of a""'" "'Idla. wt~11he wnn.n conllftt Md IPSnN 01 IJ\I Appr...... t. On Itl eppniula. IUbjecr to sadlfKlClTy compta~, ,..,wn. 01' Ii~.. 1M aPSGfl" tlpoft and "" OOMIIuUon' ate can1iftVIC'II ~ oorn;letlon of trIO ilnllf"CWlfllnta In . wotlVrIan&IU mlllner. D...:..~~.1;'1rm....... ~ ,-<,TV _ 77- Awai.uti.I........,.......................................................... STWYIM W.IAftftm, ...,.. IIIIA ""'Itt...b&uI"","-. ICMlDIm..n .... .......... mlJ'..... .JACOBSEN & MILKES 52 East High Strcct Carlislc, PA 17013-3085 .. PETITIONER'S " E~ .~ Samucl W. Milkes Andrca C, JlIcobsen Tel 717-249.6427 Fux 717-249-8427 "IQ~\ ~ 3"S7.)D 6::2. SO J.- s: 0""" ; S ti:> 6'S"O.00 ~10.YC> -t~= +- \00 ~rs7-'50 April 1, 1998 Cheryl B. Ault 6003 William Drive Mechanicsburg PA 17055 Hrs/Rate Amount 03/15/98 SWM Initial consultation. 50.00 03/23/98 SWM Telephone conference with client. 0.20 25.00 125.00/hr 03/25/98 SWM Draft Answer and counterclaim, 1. 20 150.00 review PFA file. 125.00/hr SWM Correspondence client. 0.20 25,;00 125.00/hr 03/27/98 SWM Telephone conference with client, 0.10 12.50 125.00/hr 03/30/98 SWM Revise and file answer and 0.60 75.00 counterclaim; correspondence to 125.00/hr opposing attorney. For professional services rendered 2.30 $337.50 ($50.00) ($287'. SO) 03/15/98 Payment - thank you 04/01/98 Jacobsen & Milkes Total payments ($337.50) Cheryl B. Ault Page 2 Amount Balance due $0.00 , 03/25/98 04/01/98 Previous Trust balance Deposit to account Jacobsen & Milkes $0.00 $1,000.00 ($287.50) NewdTrust balance ,,-,... ,- __d.,.'. ,.,. ,_ -d'$712.50--...-,--,. I .JACOBSEN & MILKES 52 Enst High Street Carlisle. PA 17013.3085 Samuel W. MlIkes Andren C, Jacobsen TcI717.249.6427 Fax 717.249.8427 '~I ( " ~, '! I ~ L \' II VI December 3, 1998 Cheryl B. Ault 6003 William Drive Mechanicsburg PA 17055 , ,. :' 11/12/98 SWM Telephone conference with client. 0.20 125.00/hr 25.00 'tift (, I ;} I Hrs/Rate Amount For professional services rendered 0.20 $25.00 ($25.00) Balance due $0.00 i , ~ 12/03/98 Jacobsen & Milkes Visa and Master Card Accepted Previous Trust balance 12/03/98 Jacobsen & Milkes $625.00 ($25.00) j \ i It New Trust balance $600.00 , . ~,c JACOBSEN & MILKES 52 East High Street Carlisle, PA 17013-3085 Samuel W, Milkes Andrea C. Jacobsen Tel 717-249.6427 Fax 717-249.8427 January 15, 1999 Cheryl B. Ault 6003 William Drive Mechanicsburg PA 17055 Hrs/Rate Amount 12111/98 SWM Meeting with client. 0.70 87.50 125.00/hr 12/16/98 SWM Correspondence client. 0.10 12.50 125.00/hr 01/08199 SWM Two telephone conferences with 0.20 25.00 Steve Barrett. 125.00/hr SWM Correspondence Steve Barrett 0.20 25.00 summarizing background of case. 125.00/hr SWM Telephone conference with Garvin. 0.50 62.50 125.00/hr SWM Telephone conference with Candi 0.20 25.00 Weller. 125.00/hr 01/11/99 SWM Correspondence Steve Barrett. 0.20 25.00 125.00/hr SWM Correspondence Candi Weller. 0.10 12.50 125.00/hr 01/13199 SWM Telephone conference with client, 0.60 75.00 Candi Weller and Tim. 125.00/hr Cheryl B. Ault 01/13/99 SWM Telephone conference with Steve Barrett. SWM Organize exhibits & prepare questions. 01/14/99 SWM Meeting with client. SWM Correspondence and Motion regarding counsel fees. For professional services rendered 01/15/99 Jacobsen & Milkes Balance due visa and Master Card Accepted Previous Trust balance 01/15/99 Jacobsen & Milkes New Trust balance Page 2 Hrs/Rate Amount 0.30 37.50 125.00/hr 1.20 150.00 125.00/hr 0.70 87.50 125.00/hr 0.20 25.00 125.00/hr 5.20 $650.00 ($600.00) $50.00 $600.00 ($600.00) $0.00 JACOBSEN & MILKES 52 East High Slreet Carlisle. PA 17013-3035 Samuel W. Milkes Andrea C, Jacobsen Tel 717.249-6427 Fax 717.249.8427 February 26, 1999 Cheryl B. Ault 6003 William Drive Mechanicsburg PA 17055 Hrs/Rate Amount 01/22/99 SWM Correspondence client and witnesses. 0.20 125.00/hr 25.00 For professional services rendered Previou~ balance 0.20 $25.00 $50.00 ($50.00) 01/21/99 Payment - thank you Balance due $25.00 visa and Master Card Accepted , I ! i ! ., I I ~ , " .... JACOBSEN & MILKES 52 Eust High Street Curllsle, PA 17013.3085 i!:M11 Fux 717.249.8427 Snmucl W. MllkcN Andren C. JncobNcn April 6, 1999 Cheryl B. Ault 6003 William Drive Mechanicsburg PA 17055 Amount Previous balance $25.00 ($25.00) 03/10/99 Payment - thank you Balance due $0.00 visa and Master Card Accepted JACOBSEN & MILKES 52 Eust High Street Carlisle, PA 1701J-J085 SUl11uel W. ~lilkes Andreu C, ]lICObSCII Tel 717-249.6427 Fux 717-249.8427 May 10 I 1999 Cheryl B. Ault 6003 William Drive Mechanicsburg PA 17055 Hrs/Rate Amount 04/14/99 SWM Telephone conference with client. 0.10 12.50 125.00/hr SWM Prepare for Hearing. 1. 20 150.00 125.00/hr 04/15/99 SWM Prepare for and attend hearing. 2.50 312.50 125.00/hr 04/19/99 SWM Correspondence client. 0.10 12.50 125.00/hr For professional services rendered 3.90 $487.50 Otv/Price Additional Charges: 04/16/99 SWM Steven W. Barrett Real Estate: appraisal Services 1 400.00 400.00 04/19/99 SWM Services of Candi Weller. 1 100.00 100.00 '",.." " ...... , " ~^,~if ' , .. ~. ,'" , . I r't- ,1. , "" .., ~t" , . ':.l . ~ # . :...;,,""-....'R~A~..~., _. . "f' ~ , , , . , '". I "~. " ~ ' . . . , L . ..'I',~ ....,.. "&:.. ,..J ::. ," Iftr, ....., ''" ,~ "-'. , , ""I ~: '. " 'f,', ~' , ..... ....- ~) , '\- '.,. .(.N . ~..'; - t' ",; . ". ! ';n .. , n. '';'.c. ~ ., \ "'''~~' . \1.. ,. :,'\, . P" " '" '- ) \.~....... :, /', " . " ~. . 'ilh..' " .,;. " I '.I- ....- ';~ ~ , , ... clahn, nlthough awarding no damages on the second verdict. A copy of tho Award is attachlld herllto. 6, The parties formerly Iivlld togelhllr, Iirsl in a renlnl unil paid for by Defondant, and laler in a home purchased by Defendant. 7, The parties lived in the home purchased by Defendant from February 1992 through December 1997, 8, The Plaintiff never enjoyed any ownership inleresl in the Defendanl's home, 9. The parties separated as a result of a Prolection from Abuse Petition and Order, entered in Cumberland Counly, and attached hereto as an appendix to Defendant's Answer and Counterclaim. 10, Plaintiff commenced this action, claiming lhat he was entitled to compensation for various improvements made on Plaintiff's home, 11, In his Complaint, Plaintiff claimed he invested over $25,000 of labor and materials in work he performed on Defendant's home, 12, Plaintiff claimed damages of $25,000 based solely upon the legal theory of unjust enrichment, 13. In his testimony at the Arbitration hearing, and at ~ 9 of his Complaint, Plaintiff conceded that there was never a promise or agreement that he would be paid for his work on the home. 14. As a result of retaining a professionnl appraiser of residential property, Steven Barrett, Defendant was prepared to prove at the Arbitration hearing " , . ., that the value of the home had increaBed little, if any, above UBUal inflation rateB during the time the Plaintiff claimB he made improvementB on the home, 16, AB a reBult of retaining a profeBBional rental agent, Candi Weller, asBociated with Jack Gaughen Real EBtate, Defendant was prepared to prove at the Arbitration hearing that the rental value attributable to the Plaintiff'B rent-free and utility-free occupancy of the Defendant'B reBidence for five-and-one-half-yearB exceeded the claimed amount of UnjUBt enrichment raiBed by the Plaintiff, 16, The Plaintiff'B only evidence preBented in hiB case was to offer hiB own teBtimony and to call the Defendant as a witneBB, 17, The Plaintiff offered no expert teBtimony, nor any opinion teBtimony as to the value of the home or the extent of the claimed increase in value as a reBult of the work he performed, The Bole basiB for the dollar amount of hiB claim was to itemize how much work he performed throughout the home and to multiply the hourB by a "wage" of $25 per hour. According to hiB teBtimony, the wage claimed far exceeded any wageB he received for work he performed elBewhere, Only a minimal amount of the claim was connected to any actual COBtB or out-of-pocket expenditureB of the Plaintiff, 18. During hiB teBtimony, the Plaintiff Btated that he Btill wiBhed to reunite with the Defendant, 19, In her teBtimony, the Defendant confirmed that there had never been any agreement or contract to pay the Plaintiff for any work performed on the home. 20, The Defendant preBented exhibitB demonBtrating that Bhe Bpent a total of $58,175.41 in utilitieB (water, cable, telephone, electric, gas, trash and Bewer) -' , . ", . und mortgage payments on the home she purchased, during the time the parties resided in this home, 21. The Defendunt testified that during the time the parties resided 'T,n."...~.,"P-" , together in the home purchused by her, she paid all the mortgage and utility bills, 22. In his testimony, the Plaintiff agreed that he did not pay any of the utility or mortgage expenses, except for telephone expenses attributable to him, 23, The Defendant also presented exhibits demonstrating that she spent $11,410,66 in labor and materials for work performed, or materials supplied on her home during the time she and the Plaintiff resided there, 24, At the conclusion of the Plaintiff's case, the Arbitrators granted the Defendant's Demurer and Motion to Dismiss Plaintiff's claim, based upon the lack of any asserted contract and based upon the lack of any evidence relating to calculation of damages on the unjust enrichment claim, 25, Defendant asserts that the initiation of the Complaint by Plaintiff, and his continued pursuit of the claim even after being placed on notice that Defendant intended to seek fees constitutes obdurate or vexatious conduct, justifying an award of attorney fees under 42 Pa,C,S.A, ~2503, 26, Defendant asserts that this case was brought by Plaintiff for two reasons. First, he hoped the parties could reunite and that through this legal proceeding, they could have contact with one another, He used the legal proceeding, by having the opportunity to testify that he still hoped to reunite with the Defendant. Second, in the event he was not able to reunite with the Defendant, the proceeding presented an opportunity to punish Defendant for her decision to separate from him, " ." 11 ~ ;1111" .... :li,;I; t :UUI: 'lIt. J~ 't11IlhHoj'lJ,', . , 1.,.'.";,.,, :11 t'(Hl' <. . '" .,l~ Vl>';'~l;'..',; ::1:' t" :.; i~: t,' 'j. ~ J: .: ~J~', ~. ":1 . .!-, I 'lit ""'(11' ~." .,1';"'_;1, 2.. ~'1 :-;".... .:!....1.;~:. N =.,.: ': ~;~ 1; :t.~ H"'- . ., . .:;. ~,"t h'thU'fHt -:;t.rl-":;lSt,:.!"i. ~, . -..... u: nnp~~r':"'!'l. , ,1.,.. '"' . EXIU 1;)1' :'^" - C0:>Il'lIIINT I . t({jrPir . Johnson, Duffle, Stewart & Weidner By: Joseph 1. Hitchings 1.0. No. 6555 I 301 Mnrket Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0 I 09 (717) 761-4540 Attorneys for Plaintiff DARYL L. SEESE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~r.; 9{J! NO. C.L:r~ CIVIL ACTION - LAW v. CHERYL B. AUL T, Defendant NOTICE TO DEFEND TO THE DEFENDANT: You have been sued in court. If you wish to defend against the claims set forth In the following pages, 'I you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attomey and filing in writing with the court your defense or objections to the I claims set forth against you. You are wamed that if you fail to do so the case may proceed without you and a I judgment may be entered against you by the court without further notice for any money claimed in the I 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 Lawyer Referral Service CeUl t . rJUIIIII.t. .tet- \. COpy f"'ROM RECORD 4'" FJ,...." Cumberland County ~'rRb'''lse (,CU' :L,:;':iCICL ,1 fi,,,~1 ,- . Carlisle, PA 17013 ) I. l. . ,,., /L.-.::.... 'HherllOf, Ilwra unto SlIt ~ Iland Telephone: (717):Z III 6289 _ U IJ..<r~( . \ U of sat u at r1lsle~ PJ-X' JJ.fCf -,j (&J;. da <. 1.~ '. . I," '.1" .' ... . Johnson, Duffle, Stewart & Weidller By: Joseph 1. Hitchings J.D. No. 65551 301 Mnrket Street P. O. Box 109 Lernoyne, Pennsylvania 17043-0 I 09 (717) 761-4540 Attorneys for Plaintiff DARYL L. SEESE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW v. CHERYL B. AUL T Defendant TO THE DEFENDANT: NOTlCIA Le han demandado a usted en la corte. SI usted guiere defenderse de estas demand as expuestas en las paginas suguientes, usted tiene viente (20) dlas de plazo al partir de la fecha de la demanda y la notificacion. Usted debe pres en tar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado gue si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin prevlo aviso 0 notificacion y por cualquier queja 0 alivio que es pedldo en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 olros derechos lmportantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO I TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR ! DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. i , I Cumberland County Lawyer Referral Service Court Adrnlnlstrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 Telephone: (717) 240-6200 ;106823 ......-... -.-.-..... . , - '. . . Johnson, Duffie, Stewart & Weidner By: Joseph L. Hitchings 1.0. No. 65551 301 Mnrket Street P.O.Box 109 Lernoyne. Pennsylvania 17043-0 I 09 (717) 761-4540 Attorneys for Plaintiff DARYL L. SEESE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Plaintiff v. CIVIL ACTION - LAW CHERYL B. AUL T, Defendant COMPLAINT AND NOW. comes the Plaintiff, Daryl L. Seese, by and through his undersigned attorney, Joseph L. Hitchings, Esquire, and avers in support of his Complaint against Defendant as follows: 1. The Plaintiff, Daryl L. Seese, Is an adult individual currentiy residing at 29 Fisher Lane, Lewistown, Mifflin County, Pennsylvania 17044. 2. The Defendant, Cheryl B. Ault, is an adult individual currentiy residing at 6003 Williams Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant have been dating since 1987, started living together in 1989 and continued to so cohabitate until on or about January 8, 1998 at which time Defendant signed a Consent Agreement to leave the parties residence and to have no further contact with the Defendant. 4. The Defendant purchased her current home on March 24, 1992 at which time she and the Plaintiff were residing together. 5. The Plaintiff and Defendant contemplated at the time of Defendant's purchase of the property, that they would continue to cohabitate and live together in the home. and the Plaintiff would contribute to the household bllls, and do work on the home and perform any necessary repairs. . '. ~.'" . '0- . 6. From the time that the parties moved Into the home on Williams Drive In March of 1992 until the present. Plaintiff performed various work on the home Including, among other things, refinishing walls and doors, painting, wall papering, replacing flooring, Installing Insulation, painting the outside of the house, . and finishing the basement. 7. All totaled, Plaintiff has Invested over $25,000.00 in labor and materials for work done on the Defendant's home. 8. As a direct and proximate result of the Plaintiffs work on the Defendant's home, the home has significantly increased In value. 9. The Defendant has never paid, nor offered to pay the Plaintiff for the work that he has done on her home, despite the fact that the work that the Plaintiff performed, has significantly increased the value of the home. 10. As a result of the work performed on Defendant's home by the Plaintiff, and the resulting increase in value of the home, the Defendant has been unjustly enriched without compensating the Plaintiff for the cost of labor and materials, which he incurred. WHEREFORE, Plaintiff. Daryl L. Seese, demands judgment against Defendant Cheryl B. Ault, In an amount not exceeding $25,000.00, exclusive of interest and costs. Respectfully submitted. JOHNSON, DUFFIE, STEWART & WEIDNER ;106821 , t . \ , I , , i . , , . ~'O'. " . . ..l 1,;XIIWl'l' "n" - 1\1'lSHI~I<, NI~\.J ~Wl'1'EI{ & CUUNTC:I(CUIl['l ; ,. I", 1,1 .I DARYL L. SEESE, Plaintiff ; IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA (~ ...., ." \ , I ~I ,I ~ I I I \ I i ~, i l . ..., :::> v. : NO. 98-981 CML TERM ':.. .~ -~j . I i/' ;'. " CHERYL B. AULT, Defendant " ;;J . . ,~ .'" ,::J r . ~ .." '. (~- ::i --:j .,:-.:, .... ~ ~.. .. ::. "n :-., :":' ~.:> ". -~ (:J :) If you wish to defend against the claims set forth ..\) :.) ,.:.:,. ; IN DIVORCE .~.. "", NOTICE You have been sued in court. in the following pages, you must take action within twenty (20) clays after this Counter-Claim 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 ajudgment may be entered against you by the Court without further notice for any money claimed in the Counter-Claim or for any other claim or relief requested by the Counter-Claim Plaintiffs. You may lose money or property or 1 . I . I other rights important to you. II I' I I 1 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. ! I I I ~ CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: 717-249-3166 '. 6. Admitted that this type of work was performed. Some of it was jointly performed by Plaintiff and Defendant. 7. Denied. This averment joins together labor and materials. Defendant asserts that Plaintiffs material contribution to the home was minimal, and that his labor was offered In"atis, with no intent to charge, and therefore cannot be characterized as an "investment." Additionnlly, thc Defenant purchased various hand tools to perform this work and nil of these tools rcmain in the Plaintiffs possession. 8. Denied there has been a significant increase in value of the home due to Plaintiffs efforts. Strict proof is demanded. 9. Denied. As stated above, there was no intent to charge for the work Plaintiff performed, so it was never anticipated by the parties that Plaintiff would be paid anything. Denied that due solely to Plaintiffs efforts, the home significantly increased in value. 10. Denied there was a resulting increase in value, or the Defendant was unjustly enriched. To the contrary, during this entirc time, Plaintiff continued to reside in Defendant's home, and before that in her apartment, without Plaintiff contributing to rent, mortgage, utilities (including gas, electric, telephone, and cable), or even his own long distance cnlls. NEW MA'ITER 11. The statements made above are incorporated herein. 12. The Plaintiff has asserted a claim for relief of an equitable nature, but does not have clean hands to do so in that: a. The Plaintiff has received the benefits of rent and utility free housing during the entire relationship between the parties, including the entire time the parties resided together at Defendant's residence. b. Defendant asserts that the rental benefit which Plaintiff received was approximately $700 per month. c. The total rental and utility benefits which the Plaintiff received during the time he claims to have improved the Defendant's home exceed in benefit the amount which Plaintiff now claims as unjust enrichment to the Defendant. d. The Plaintiff is the named Defendant in a Protection from Abuse Order obtained by Cheryl Ault against Daryl Seese, which resulted from her nllegations that he abused her, as defined by the Pennsylvania Protection from Abuse Act, during the time the parties resided together at Cheryl Ault's residence. A copy of the Petition, Consent Agreement, and Order are attached. The nllegations of abuse include offenses which would constitute simple assault and terroristic threats under the Pennsylvania Crimes Code. e. Within the Protection from Abuse Petition, Cheryl Ault alleged the following, and she continues to assert that the following occurred: i. On or about December 17, 1997, at Ms. Ault's residence, Mr. Seese argued with Ms. Ault and became increasingly more agitated, causing her to fear for her safety. When she told him that she was afraid of him and wanted to leave, he grabbed her car keys, and pushed her down onto the chair when she tried to get up, to prevent her from physicnlly leaving the home. After she telephoned 911 for help, he unplugged the telephone cord from the wnll and stood in front of the wnlljack when she tried to plug in the telephone. He the followed her when she went outside to wait . for the Hampden Township Police to arrive, told her that the only way he was leaving the house was in a body bag, and went back inside the house. He would not permit the Plaintiff to take her purse or keys and leave for the evening until he calmed duwn, and he did not return these items for several days, when he finally took them to the police department. When the police arrived, she advised them of his violence. The police asked whether there were any weapons in the home. She explained that he had several weapons (rifles, shotguns, and a compound bow and arrows) in the house. The police tried repeatedly to make contact with him but he would not answer the door and hung up the telephone when they called. When she telephoned him from the police station, at their request, he tried to coerce her into returning to the house to talk with him, but the police advised her not to return to the home because the defendant had access to his weapons and was unstable. At one point, he threatend to take his own life during telephone calls with family. A standoff occurred for an extended period of time until Mr. Seese finally began to cooperate with the police. ii. On or about August 1997, Mr. Seese kicked Ms. Ault in the side, shook her violently, causing her to fall to the ground, threatened her, saying, "I think I'm going to kill you today, but I don't know how." He broke bottles full of beer against the wall, while yelling and screeming, he struck the walls with his fists, went into a room and returned with one of his rifles, told her it was loaded, and pointed it at her, causing her to fear for her life. When she tried to leave, he grabbed her by the arm and shoved her into the bed. As she got up from the bed, he grabbed her by the neck, held her against the wall, and told her that she could not go anywhere or do anything without his permission. iii. Since approximately August 1997, Mr. Seese physcially and mentally abused Ms. Ault in various other ways, including but not limited to, threatening to kill her if he found her with another man, following her to make sure she was going to work, physically accosting and/or threatening her friends when she had been with them in public places, monitoring her telephone calls by listening to her conversations on an extension telephone and using the *69 feature on the telephone to ascertain the identity of whoever called her, and repeatedly telephoning her and her coworkers at her place of employment to determine whether or not she was at work. f. Shortly after the parties separated, Mr. Seese telephone coworkers and superiors at Ms. Ault's place of employment, making statements which were intended to be slanderous of her and which were intended to do harm to her career. g. The parties separated due to the wrongful conduct of Daryl Seese, and not due to any conduct of Cheryl Ault, nor any plan on her part to have benefitted from and labor of Mr. Seese. AFFmMATIVE DEFENSES ACCORD AND SATISFACTION 13. The statements made above are incorporated herein. 14. The parties entered into negotiations in response to Cheryl Ault's Protection from Abuse Petition, which led to a Consent Agreement and Order. 15. As a part of these negotiations, Daryl Seese insisted that the parties resolve various property matters and economic matters at issue between the two of them. 16. The parties reached a full and fmal agreement between them as to their respective interests in all property, including financial, and other claims which either \ '.~ . ' might make against the other. This resulted in an exchange of items of property and , i 'I I payment of money to Daryl Seese by Cheryl Ault. WHEREFORE, Cheryl Ault respectfully requests that this Honorable Court dismiss Plaintiffs Complaint based upon the accord and satisfaction of all financial disputes between the parties. COUNTERCLAIM 17. The statements made above are incorporated herein. 18. As a result of the abusive and assaultive behavior of Daryl Seese, as set forth above, Cheryl Ault suffered physical and emotional harm, in that Daryl Seese: a. Threatened her life and safety; b. Physically assaulted her; and c. Precluded her from entering into her own home for a period of time, because of his threats to do harm to himself and because of her fear of him. WHEREFORE, in the event this Honorable Court determines that the damages sought in this Counterclaim were not resolved by the prior a,.areements and exchanges of the parties, Cheryl Ault respectfully requests of this Honorable Court that it enter judgment in her favor, in an amount of damages not to exceed $25,000.00. DATE: Respectfully submitted, -~~; BY: Samuel W. Milkes, Esq. JACOBSEN & MILKES 52 E. High Street Carlisle, P A 17013 (717) 249-6427 Attorney No. 30130 '. .' Dated: 3/ J.,1 /9 ?, 8 U..tc./_3CTL S4~t.L--r CHERYL B~TfI AULT .,' '. .\1 I \ L i ; \ I ~, y: I , i "; 1 ':,.1 VERIFICATION I hereby verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. L (,l I} J 11 ,I I Ii l \ \ , I ! . . .' CHERYL BETH AULT, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-7005 CIVIL TERM DARYL LESLIE SEESE, Defendant PROTECTION FROM ABUSE PROTECTION ORDER AND NOW, this qt:A- day of January, 1998. upon consideration of the Consent Agreement of the parties, the following Order is entered: ..._- 1. The defendant, Daryl Leslie Seese. is enjoined from physically abusing the plaintiff, Cheryl Beth Ault, or from placing her in fear of abuse. 2. The defendant is enjoined from having any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. The defendant is ordered to refrain from hnrassing and stalking the plaintiff and from hnrassing her relatives, 4. The defendant is prohibited from entering the plaintiff's place of employment. 5. The defendant is prohibited from removing, damaging, destroying or selling any property owned by the plaintiff or jointly owned by the parties, except by mutual agreement of the parties. 6. The defendant is excluded from the plaintiff's residence located at 6003 Williams Drive, Mechanicsburg, Cumberland County, Pennsylvania, and is ordered to stay away from any residence the plaintiff may in the future establish for herself. 7. The defendant is ordered to relinquish to the Cumberland County Sheriff's Departrnent any weapons he owns or possesses (rifles, shotguns, handguns), and the Sheriff's Department shall keep the defendant's weapons for a perio,! of 90 days from the entry of this Order. The defendant is prohibited from acquiring or possessing any weapons for the 90-day tenn commencing frOI1l tl11111l1try oftl1is Order. -". " ."- ',-. ,..,..:/,-- .' 8. Court costs and fees are waived. 9, This Order shan remain in effect for a period of one (1) ycnr and can be extended beyond that time if the Court tinds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of hann to the plaintiff. This Order shall be enforceable in the same manner as the Court's prior Temporary Protection Order entered in this case. 10. A violation of this Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~6113; ii) a private crirninal complaint under 23 Pa.C,S. ~6113.1; iii) a chnrge of indirect criminal contempt under 23 Pa,C.S, 96114, punishable by imprisonment up to six months and a tine of $100.00-$1,000.00; and iv) civil contempt under 23 Pa.C.S. 96114.1. II. The Hampden Township Police Department shall be provided with a cel1itied copy of this Order by the plaintiff's attorney and may enforce this Order by arrest for indirect criminal contempt without warrant upon probable cause that this Order has been violated. whether or not the violation is committed in the presence of the police officer, In the event that an arrest is made under this section, the defendant shall be taken without unnecessary delay before the COUI1 that issued the order. When that court is unavailable, the defendant shall be taken before the appropriate district justice. (23 Pa.C.S. ~6113). By the Court, .. ~. '. } /.5/ 1s . 7. -, /-'j It!.,. fl. 1. w' sley Oler, Jr., Judge . .. Joan Carey LEGAL SERVICES. INC. Attorney for Plaintiff '~'~.~.~~l"""'~' / ::-:-::.',/\ :.'~"~".~.~.D ~ ..' :~~nrj '. . :i ij:"J ~;~'1 ':.:. ',I .,: :.:.:; ..... .~i " .~:; :>. r :', Daryl Leslie Seese, Defendant P.O, Box 244 Lewistown, P A 17044 Q 1J.... r (.' S; Thi~ ......~l.......... OJ'I oL..)~..,.., 19...1.... ~t..~.~., O~. ".......,.........;;;;;.;;;;~.....(\...........\..~~~.~..- Nti'"% . Prothonotar/ .. .~. ,~. "~. .,,.' ~-- .' '. t'. L , . ., ' : ~ ',' . I r, I '., Ii I' 'u ..\ 'e CHERYL BETH AUL T, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYB' ~ 0 ::=>'" ." 'Uf.;; [c; :;:l Mlm -_ '="11:""'" ~.:u ~ "I..;",J ~f.:. I -nH1 :'.']".: C? ~3.9 c:b _0 ;:~,:,: ~ ::::B CONSENT AGREEMENT :;:~ ~~ ~~ --- r.... -~ 11-- . ~ -< This Agreement is entered on this ~ day of January, 1998, by the plaintif( Cheryl Beth v. : NO. 97-7005 Crvn. TERM DARYL LESLIE SEESE, Defendant : PROTECTION FROM ABUSE , I, ! :. ! . .,. Ault. and the defendant, Daryl Leslie Seese, The plaintiff is represented by Joan Carey of LEGAL SERVICES, INC.; the defendant is unrepresented but is aware of his right to have an attorney. The panies agree that the following may be entered as an Order of Court. 1. The defendant, Daryl Leslie Seese, agrees to refrain from abusing the plaintif( Cheryl Beth Ault. or from placing her in fear of abuse. ., 'j , /j \) r-.., I . 11 I I ! i , \ I i I ~ \ r . r :1 \ ,;: : ',I , 'i ! 'j 2. The defendant agrees not to have any direct or indirect contact with the plaintiff including, but not limited to, telephone and written communications. 3. The defendant agrees not to hnrass and stalk the plaintiff and not to harass her relatives, 4. The defendant agrees not to enter the plaintiffs place of employment. 5. The defendant agrees not to remove, damage. destroy, or sell any property owned by the plaintiff or jointly owned by the parties, except by mutual agreement of the parties. 6. The defendant agrees to stay away from the plaintiff's residence located at 6003 . Williams Drive, Mechanicsburg, Cumberland County, Pennsylvania, and the defendant agrees to stay away from any residence the plaintiff may in the future establish for herself. 7. The defendant agrees to relinquish to the Cumberland County Sheriffs Department any weapons which he owns or possesses (rifles, shotguns, handguns), to have the weapons remain in the custody of the Sheriff's Department for a period of 90 days from the entry of the Protection Order, and not to acquire or possess any weapons during the 90-day period. i. ! , . I ' I ! , ;. \ / LJ..; >": t .' ., . , 8. The defendant, although entering into this Agreement, does not admit the allegations made in the Petition. 9. The defendant understands that the Protection Order entered in this matter will be in effect for a period of one (1) yenr and can be extended beyond that time if the Court finds that the defendant has committed an act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. The defendant understands that this Order will be enforceable in the same rnanner as the Court's prior Temporary Protection Order entered in this case. 10. Violation of the Protection Order may subject the defendant to: i) arrest under 23 Pa.C.S. ~6113; ii) a private criminal complaint under 23 Pa.C,S. ~6113.1; iii) a charge of indirect criminal conternpt under 23 Pa.C.S. 96114. punishable by imprisonment up to six months and a tine of$IOO,OO-$I,OOO.OO; and iv) civil contempt under 23 Pa.C.S. 96114.1. WHEREFORE, the parties request that a Protection Order be entered to reflect the above terms, CJ~tlL/~~~ - ~ Daryl Leslie Seese. Defendant LEGAL SERVICES, INC. 8 Irvine Row Cnrlisle, P A 17013 (717) 243-9400 .~ , . a) On or about December t 7, 1991. Ihe defendant argued with the plaintiff and became increasingly more agitated causing the plaintiff to fear for her safety. When the plainliff laid :he defendant that she was afraid of him and want<:u to leave. grabbed her car keys. :!rid ru~hed her down onto the chair when ~hc '.~i~u 10 g~t up. After the plaintiff telephoned 911 for help. the defendant unpluggerllhe telephone cord from Ihe wall and stood in front of the waU jack when Ihe plaintifi' tried 10 plug in Ihe telephone. The defendant tblloweU the plaintiff when she went outside 10 wait for the Hampden Township Police to arrive. told her that the only way he was leaving the house was in a body bag. and went back inside the house. When the police ~rrived. the plaintiff advised them of the defendant's violence:!rld of his threat to take his own life. She explained that he had several weapons (rilles, shotguns. handguns. and a compound bow and arrows) in the house. The polic~ tried repeatedly to make contact with the defendant. but he would not answer the door and hung up tht: telephone when they called him. When the plaintiff telephoned tht: defendant !Tom the police 5tation at tht:;r request. he lried to coerce her into returning to the house to talk to him. but the police advised her not to return to the home because the delimdant had access to his we:lpons and was unstable hj In or about August, 1991. tht: defendant kicked the plaintiff in the 51de. shook her violently causmg her 10 fall to the ground. threatened her sayin!!, "I think I'm going to kill you today. but I don't know how:' The defendant threw bottles fuU of beer about. struck the walls with his fists. went into a room and returneu with \Jne of his handguns. told the plaintiff it was loaded. and pointed it at her causing her to fear for her life. When she tried to leave, the defendant grabbed her by the arm and shoved her onto the bed. As she got up from the bed. the ~E~~~ ~~HV1~~~. lH~. :l.~3a02b '. ' detendant grobbcd hcr by the neck <II1d told hcr Ihat she could not go an)'Where or do anylhin!! without his permission. cl Since appro~imately August. 1997, the derendant has abused the plointiff'in ways including. but nOI limited to. grabbin!,!. shoving. and kicking her: threatening to kill hcr ifhe finds her with anolher m<ll1; following her to make sure she is going to work; physically accosting and/or threatening her friends when she has been with them in public places; monitoring her telephone calls by listening to her conversations on an e:ttension teleJlhone and using the .69 feature on the telephone to ascer1ain the identity of whoever calls the plaintiff. and repeatedly telephoning her at her place of employment to determine if she is at work. 6. On or about De<~ember 17. 1997. the plaintiff left her residence at tiOO] William Dri,.e. :vtechanicsburg, Cumberland County. Pennsylvania. in order to avoid further abusc. i. The plaintiff believes and therefore avers thai she is in immediale and present danger of abuse from the Jefendant should she return to the home to the home without rhe defendalll's c:tclusion and that she is 10 need of protccllon from such abuse 8. The plaintiff desires that the defendant be prohibited from having any direct or indirect contact with the plaintiff including. but nOI limited to. telephone and wrinen communications. 9 Thc plaintiff desires lhat :he defendant be enjoined :Tom harassing and stalking the plaintiff. and from harassing her relatives. 10. The plaintiff desires that the defendant be restrained from entering her place or employment. II. The plaintiff desires that the detendant be enjoined trom removing. damaging, destroying or selling any propeny owned jointly by the panic:; or owned by the plaintiff p _ 04- , . " 12. The plaintiff de:;ire~ that any we:lpons the defendant owns or po~sesses (rifle~. shotguns. and handguns) be confiscated by the Sherifi's Department and that the defendant be prohibited from acquiring or possessing any weapons for the duration of the T .'lTlporary Protection Order. B. EXCLUSIVE POSSESSION 13. The home from which the plaintiff is asking the Court to exclude the detendant is owned in the n.:lme of the plaintiff. Cheryl B. Ault. 14, The plaintiff currently has no place to stay e.'(cept her residence locatd Jt (J003 William Qdve. Mechanicsburg, Cumberland County. Pennsylvania.. and the defendant has mends in the area with whom he can stay. C. REIMBURSEMENT FOR COST OF CASE 1 S. The plaintiff asks that the detlmd:mt be ordered to pay 525000 to Cumberland County. one of Legal Services. Inc.'s :1mding sources as reimbursement for the ~cst ,.;. ::tillllting this case. and that the deit1nd:mt be assessed the $25.00 surcharge and any court ~osrs if :he case goes to hearing. WHEREFORE, pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976.23 P.S. ~6101 ~l~, as amended. the plaintiff prays this Honorable Coun to grant the following relief: :\. Grant :l Tempor:1l')' Order punullnt to the "Protection from Abuse A.ct:" I. Ordering the defend:mt to refrain from abusing the plaintiff or from placing her in fear of abuse; 2. Ordering the defendant to refrain from having any direct or indirect contact with the plaintiff including. but not limited to. telephone and written communications, 3, Ordering the detimdant to rmain from harassing and ~talkir.L! ~he plaintiff' and from harassing her relatives. 4 Prohibiting the defendant from entering the plaintifi's place of employment. 5. Prohibiting the defendant from removing. damaging. destroying or selling property jointly owned by the parties or owned by the plaintiff. 6, Granting possession of the home located at 6003 Wiiliam Drive. Mechanicsburg. Cumberland County. Penns)'lvania. to the plaintiff' to the exclusion of the delendant. and ordering the defendant to stay away trom any residence the plaintiff' may establish for herself pending a tinal order in this matter. i Ordering the defendant to relinquish to the sheriff's department any weapons which he owns or possesses (rifles. shotguns. and handguns). and prohibillng the defendant from acquiring or posse~sin!! any weapons tor the duration of the Temporary Protection Order B. Schedule 11 hearing in accordance with tbe provisions of the "Protection from Abuse Act." and. after such hC:lring. entcr an order to be in effect fOI' :1 period of one yenr: 1. Ordering the defendant to relb.in from abusing the plaintiff or from placing her in fear ofabuse. " 2. 01 ins the defendant to refraiQ from haviu' "l'f direct or indirect , \ . '. . contact with the plaintiff including, but not limited to, telephone i1I1d written communic:ttion$. 3. Ordering the defendant 10 refrain from harassing i1I1d jf::lking the plaintiff and from harassing her relalives. 4. Prohibiting the defendant from entering the plaintiffs place of employment. S. Prohibiting the defendant from removing, damaging. destroying or selling property jointly owned by the parties or owned by the plaintiff, 6. Granting possession of the home located at 6003 William Drive. Mechanicsburg. Cumberland County. Pennsylvania. to the plaintiff to the e.'(clusion of the detcndant. and ordering the defendant to Slay away !Tom any residence the piaintiff may establish for herself. 7. Ordering the defendant to relinquish to the sherifi's department any weapons which he owns or possesses (rifles. shotguns. and hand!,'llns) and prohibiting the defendant from acquiring or possc::ising any weapons for the durntion of the Protection Order. 8. Ordering the defendant to pay 5250.00 to Cumberland Counry. on~ of Legal Services. lnc.'s funding sources as reirnbursement for the cost of litigating this c:!Se. and assessing the S25.00 surcharge and court COSts to the defendant if the case goes to hearing. The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff. pending a further order at the hearing. and that a certified copy of this Petition and Order be delivered to the Hampden Township Police Department which has jurisdiction to enforce this Order. " .:. --""~ I v ~i~~ ~ ct " . . .' CHERYL BETH AUL T, Plaintiff IN TIIE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY. PENNSYL Y ANIA v. NO. 97-7005 CIVlL TERM DARYL LESLIE SEESE, Defendant PROTECTION FROM ABUSE CONSENT AGREEMENT This Agreernent is entered on this _ day of January, \998, by the plaintiff. Cheryl Bcth Ault, and the defendant. Daryl Ltlslie St:ese. The plaintiff is represented by Joan Carc:y of LEGAL SERVICES. INC.; the defendant is unrepresented but is awnre of his right to have an alt\lme'l The parties agree Ihat the following may 00 enlered as an Order of Court. I. Thtl defendant. Daryl Leslie S~se. agrees 10 refrain from abusing the plaintitf. Cheryl Beth Ault. or from placing her in fear of abuse. 2. The defendant agr~s not to have any dire<:t or indirect COn1a~ with the plnintiff including. but noc limited [0. telephone and written ~ollununicntions. 3. The dt!fendant agrees not to harass and stalk tht! plaintiff and not to harass hcr relatives. 4. The defendant agrees not to enter the plaintiff~ place of t!mployment S. The det"e-ndnnt agrees not to remove. damage. destroy, or sell any property owned by the plcintiff or jointly owned by tht! parties. (, Thc defendant agrees to slny nway from Iht! plamtiffs residl!llce lo~ated at (Jon] Williams Drive, Mechanicsburg, Cumberland County, Pennsylvania, and che defendant agrt~es \~, stay away from any residence the plaintiff may in the future establish for herself. 7 The detendant agrees to relinquish to the sheriff's department any weapons which he owns or possesses (rilles, shotb'Uru;. handgulls). agre.:s that the weapons remain ill the ~ustody .~ .' I t . . -.. of the Cumberland County Sheriff's Depanmenl fur a period of 90 d.1ys Irom the entry of the Protection Order, and agn:e:s nOllO acquire or poSSC35 any weapolU during the 90-day period. S, The defundanr. although entering into this Agreement, does not admit Ibe .1llegations made in the Petition. 9. The detendant understands tbat the Protection Order entered in this matter will be in effect for a period of one (I) year and can be e:rtended beyond thaI time if the COUll finds that the defendant has COmmitted an act of abuse or bas engaged in a pattern or practice Ihat indicates risk of hann to the plaintiff. The defendant understands that lhis Order will be elltorceablc in the sam.e-manncr as the COUrt's prior Temporary Protection Order entered in this case. 10, Violation of the Protection Order may subject the defendant to i) srrcst under 23 Pa.C.S. ~6113; ii) a private criminal complaim under 23 Pa.C S. ~ollJ, J. iii) a charge of indirect criminal contempt under 2:1 Pa.C.S, ~oI14. punishable by imprisonment up to six ml)nrhs and a tine 01'5100 00-51.000.00. and iv) civil contcmpt under:::3 Pa.l. S 961 J4.1. , WHEREFORE. the partics request that a Protection Order be entered to rdecr the abow lenns. Cheryl Beth Ault, Plaintiff Daryl Leslie Seese. Defendant .... -... '" ... Joan Car")'. Attorn")' for Plaintiff LEGAL SERVICES, INC- 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 " , .. .' '. .. t' ,_ .' . '. The detendant is enjoined from entering the plaintiffs place of employment. The defendant is enjoined from removin!l, damaging, destroying or selling any propen)' owned Jointly by the panies or owned by the plaintiff. .~ violation of this Order m:1Y subject the defend:!nt to: i) :1rrnt undcr :3 i':1.(:,:;. 96113; Ii) u private crimi",d complaint under 23 Pa.C.S. 96113.1: Iii) a cbarge of indirect criminal contempt under 23 Pa.C.S. ~6114. punishable by imprisonment up to six monchs and :1 fine of SI 00.00-51,000.00; :md iv) civil contempt under 23 Pa.C.S.96114.1. This Order shall remain in effect uncil modified or terminated by che Court and can be extended'~eyond its original eltpiration date if the Coun finds that che detendant has committcd an act of abuse or has eng:lged in a. pattern or prac:ice chat indic:ltes risk of harm to the plaintiff. The defendanl is ordered to relinquish co the sberill's depanment :my weapons which be owns or pOSSt3SCS (rifles. sbotguns. handguns). :Ind tbe defendant is prohilJiI~d from acquiring or posscssing any weapons for tbe dur:uion of this Order. A HE.~RING SHALL BE HELD ON THIS i'<tA ITER ON THE .1/-SI-DA Y OF JJcCf"~ t.~/\ .1997, AT IU",t" ) ,q..... .M., IN COURTROOM NO.~, OF THE CUMBERL-\ND COUNTY COURTHOUSE. CARLISLE. PENNSYLVANIA. The plaintiff may procl:ci without pre-payment of fe1:s pending a further order :Uter the hearing, The .Cumberland County Sheriff's Department shall attempt to make service at the plaintiffs request and without pre-payment of fees. but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to [he Sheriff for service. The Prothonotary sh:u1 not send a copy of this Order to the defendant by mail. The Hampden Township Police Department shall be provided with a certified copy of thi~ Order by the plaintiff's attorney. This Order shall be enforced by any law enforcement agency \\ " 1 .1. . EXilIlJll'-IC" - RF,l'LY l' .:E\. ~Tn~H !\NIl ^1~s\'MI'~ I rUt-lJI!!1CUd~'. (. v;, "\ I \ " . ,l.... ...-.- \.J/ i ,-- ...- --" \. , . Johnson, Dllffle, Stewart & Weid/ler . By: Joseph L. Hitchings I.D. No. 65551 301 Mnrket Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DARYL L. SEESE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98.981 CIVIL TERM CIVIL ACTION - LAW Plaintiff v. CHERYL B. AUL T, Defendant REPL Y TO NEW MA TTER AND . A.NSWER TO COUNTERCLAIM AND NOW, this 23ft! day of April, 1998, comes the Plaintiff, Daryl L. Seese, by and through his attorney, Joseph L. Hitchings, Esquire, and replies to Defendant's New Matter and answers Defendant's Counterclaim as follows: NEW MATTER 11. Paragraphs 1 through 10 of Plaintiffs Complaint are Incorporated by reference as If Ihe same were more fully set forth at length herein. 12. Admitted In part. Denied In part. It Is admitted that the Plaintiff has asserted a claim for relief of an equitable nature, but denies that he has unclean hands, partlculariy as follows: a. Admitted In part. Denied in part. While It Is admitted that the Plaintiff did not pay rent and utilities per se, he did pay for groceries, phone bills and frequenlly provided Defendant with money for her own use. Plaintiff also was solely responsible for the upkeep and maintenance of the property. ". ' b. Denied. See answer to Paragraph 12a. above. Strict proof demanded at time of trial. c. Denied. See answer Paragraph 12a. above. Strict proof demanded at time of lrial. d. Admitted In part. Denied In part. It is admitted that the Petition, Consent Agreement and Order attached to Defendant's New Matter were filed on behalf of the Plaintiff. , To the extent the averments of this subparagraph attempt to set forth anything or draw Inferences not stated In those documents, the same are denied as the documents clearly speak for themselves. e. Admitted In part. Denied In part. It is admitted that the allegations set forth in this subparagraph and its subsections were set forth In the Defendant's Petition. However, the allegations as set forth In the Petition are unequivocally denied by the Plaintiff. f. Admitted In part. Denied In part. It is admitted that the Plaintiff attempted to call the Defendant's supervisor, however that Individual would not speak to him. The remaining averments of this paragraph are denied and strict proof thereof Is demanded at the time of trial. g. Denied. it is denied that the parties separated due to wrongful conduct of the Plaintiff and not due to any conduct of the Defendant. By way of further answer, Defendant had numerous affairs, including at least three that are known to the Plaintiff, during the time Ihe parties were together, and it is further believed, and Iherefore averred, Ihat the Petition for Abuse was filed as pretext to getting the Plaintiff to leave the residence. By way of further answer, on December 10, 1997, one week before the alleged latest incident plead In the Petition, Plaintiff asked the Defendant If she wanted 10 split up and offered to pack up this belongings and move out. Defendant told him no, that she wanted him to stay, yet filed Ihe Petition to have him removed from the residence shortly Ihereafter. . .. t!' .\. EXIII llIT " j) " - NanCE OF UU'ENTION TO PETITION FOHCOV,~"';L H~I~ . ., . " , DARYL L. SEESE, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 98-981 CML TERM v. r. \~") ~J ~...) . II .-, .J ~ '. ..., .... .1,:':.J ,....., .,,'n ",J ,...::, >,L, ::r?~:.I.r '")_-J '..to) , :._1 ,'.'\11n .:; oJ :;'j ''.n ;;! -: 10 ~ COMES NOW, the Defendant in the above referenced action, by her attorney, CHERYL B. AULT, Defendant ; IN DIVORCE -" r> NOTICE OF INTENTION TO PETITION FOR COUNSEL FEES PURSUANT TO 42 PACSA ~ 2503 , (' " Samuel W. Milkes, Esq., Jacobsen & Milkes, and formerly places the Plaintiff on Notice of Defendant's intention to seek counsel fees under 42 PACSA ~ 2503, at the conclusion of this litigation. In providing this Notice, Defendant states as follows. 1. The statute in question allows for the award of counsel fees as a sanction against another participant in litigation for dilatory, obdurate or vexatious conduct during the pendency of a matter or for the commencement of a matter considered to be arbitrary, vexatious, or commenced in bad faith. 2. Defendant recognizes that the appropriate time to formally request counsel fees is by Petition after the conclusion of a case, and therefore, the instant pleading is not intended to be construed as a formal request for action on attorney fees, but rather it is intended to place the Plaintiff on notice as to Defendant's intentions. 3. The Defendant considers this matter to fall within the type of conduct intended to be covered under ~2503 for reasons which can be developed during the course of this litigation but which include primarily the following: .. - . . I'. . . . . , . . , . . '. -., .. a. The Plaintiff is well aware that he received substantial monetary benefits from the Defendant over the course of their relationship, including rent and utility free housing, as well as continued housing with no mortgage or utility payments after the Defendant purchased a home. Accordingly, the Plaintiff is well aware that even if he were to prevail on his claim that there was some understanding regarding any improvements he would make on Defendant's home (the existence of any such understanding is denied by the Defendant), that understanding is offset by the benefits received. b. Due to the Plaintiff's wrongful conduct, leading up to the separation of the parties, the equitable relief sought in this action by Plaintiff is precluded. c. The Plaintiff is attempting to use this litigation forum as a means of venting or otherwise exercising his dissatisfaction with the dissolution of the relationship between the parties and not as is intended in our court system, for purposes of litigating legitimate legal disputes. WHEREFORE, Defendant places Plaintiff on Notice of her intention to seek an award of counsel fees at the conclusion of this case. Respectfully submitted, gL JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249.6427 Attorney No. 30130 >- cr, '- r:t'., U.; (-. "1. ,- ei ~... ,"-) ::, ~~ \11"",-_ r.:.;) C.:' ~.:.: j-.> .' :-.r: 1.....> ~,:( . (l. f.~. ;;.j C' .1. " .- .t.:'-.' ::.'J ,'L. , ,: , , , :-- ~; l:fj ....-<: ,. ,. .~ ..... ~ .', It~ 0", ::) (;) U " " .. . . :.... .- . - . . . I. DARYL L. SEESE, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 98-981 CIVIL TERM : IN DIVORCE I. . , , ) CHERYL B. AULT, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth I , I in the following pages, you must take action within twenty (20) days after this Counter-Claim 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 ajudgment may be entered against you by the Court without further notice for any money claimed in the Counter-Claim or for any other claim or relief requested by the Counter-Claim Plaintiffs. You may lose money or property or other rights important to you. I , I 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 ~ , , i , 6. Admitted that this type of work was perforrned. Some of it was jointly performed by Plaintiff and Defendant. 7. Denied. This averment joins together labor and materials. Defendant asserts thut Plaintiff's rnaterial contribution to the home was minirnal, and that his labor was offered gratis, with no intent to charge, and therefore cannot be characterized as an "investment." Additionally, the Defenant purchased various hand tools to perform this work and all of these tools remain in the Plaintiff's possession. 8. Denied there has been a significant increase in value of the home due to Plaintiff's efforts. Strict proof is demanded. 9. Denied. As stated above, there was no intent to charge for the work Plaintiff performed, so it was never anticipated by the parties that Plaintiff would be paid anything. Denied that due solely to Plaintifrs efforts, the home significantly increased in value. 10. Denied there was a resulting increase in value, or the Defendant was unjustly enriched. To the contrary, during this entire time, Plaintiff continued to reside in Defendant's home, and before that in her apartment, without Plaintiff contributing to rent, mortgage, utilities (including gas, electric, telephone, and cable), or even his own long distance calls. NEW MATTER 11. The statements made above are incorporated herein. 12. The Plaintiff has asserted a claim for relief of an equitable nature, but does not have clean hands to do so in that: a. The Plaintiff has received the benefits of rent and utility free housing during the entire relationship between the parties, including the entire time the parties resided together at Defendant's residence. b. Defendant asserts that the rental benefit which Plaintiff received was approxirnately $700 per rnonth. c. The total rentallll1d utility benefits which the Plaintiff received during the time he chums to have improved the Defendant's horne exceed in benefit the 1lD10unt which Plaintiff now claims IlB unjust enrichment to the Defendlll1t. d. The Plaintiff is the nllD1ed Defendlll1t in a Protection from Abuse Order obtained by Cheryl Ault against Daryl Seese, which resulted from her allegations that he abused her, IlB defined by the PennsylvllI1ia Protection from Abuse Act, during the time the parties resided together at Cheryl Ault's residence. A copy of the Petition, Consent Agreement, and Order are attached. The allegations of abuse include offenses which would constitute simple IlBsault IlI1d terroristic threats under the Pennsylvania Crimes Code. e. Within the Protection from Abuse Petition, Cheryl Ault alleged the following, IlI1d she continues to IlBsert that the following occurred: i. On or about December 17, 1997, at Ms. Ault's residence, Mr. Seese argued with Ms. Ault IlI1d becllD1e increllBingly more agitated, causing her to fear for her safety. When she told him that she was afraid of him and wlll1ted to leave, he grabbed her car keys, IlI1d pushed her down onto the chair when she tried to get up, to prevent her from physically leaving the home. Mter she telephoned 911 for help, he unplugged the telephone cord from the walllll1d stood in front of the wall jack when she tried to plug in the telephone. He the followed her when she went outside to wait for the Harnpden Township Police to arrive, told her that the only way he was leaving the house was in a body bag, and went back inside the house. He would not permit the Plaintiff to take her purse or keys and leave for the evening until he calrned down, and he did not return these items for several days, when he finally took them to the police department. When the police arrived, she advised them of his violence. The police asked whether there were any weapons in the home. She explained that he had several weapons (rifles, shotguns, and a compound bow and arrows) in the house. The police tried repeatedly to make contact with him but he would not answer the door and hung up the telephone when they called. When she telephoned Wm from the police station, at their request, he tried to coerce her into returning to the house to talk with him, but the police advised her not to return to the home because the defendant had access to his weapons and was unstable. At one point, he threatend to take his own life during telephone calls with family. A standoff occurred for an extended period of time until Mr. Seese finally began to cooperate with the police. ii. On or about August 1997, Mr. Seese kicked Ms. Ault in the side, shook her violently, causing her to fall to the ground, threatened her, saying, "I think I'm going to kill you today, but I don't know how." He broke bottles full of beer against the wall, wWle yelling and screeming, he struck the walls with his fists, went into a room and returned with one of his rifles, told her it was loaded, and pointed it at her, causing her to fear for her life. When she tried to leave, he grabbed her by the arm and shoved her into the bed. As she got up from the bed, he grabbed her by the neck, held her against the wall, and told her that she could not go anywhere or do anything without his permission. iii. Since approxirnately AUb'Ust 1997, Mr. Seese physcially and mentally abused Ms. Ault in various other ways, including but not limited to, threatening to kill her if he found her with another man, following her to make sure she was going to work, physically accosting and/or threatening her friends when she had been with them in public places, rnoniloring her telephone calls by listening to her conversations on an extension telephone and using the *69 feature on the telephone to ascertain the identity of whoever called her, and repeatedly telephoning her and her coworkers at her place of employment to determine whether or not she was at work. f. Shortly after the parties separated, Mr. Seese telephone coworkers and superiors at Ms. Ault's place of employment, making statements which were intended to be slanderous of her and which were intended to do harm to her career. g. The parties separated due to the wrongful conduct of Daryl Seese, and not due to any conduct of Cheryl Ault, nor any plan on her part to have benefitted from and labor of Mr. Seese. AFFffiMATIVE DEFENSES ACCORD AND SATISFACTION 13. The statements made above are incorporated herein. 14. The parties entered into negotiations in response to Cheryl Ault's Protection from Abuse Petition, which led to a Consent Agreement and Order. 15. }.~ a part of these negotiations, Daryl Seese insisted that the parties resolve various property matters and economic matters at issue between the two of them. 16. The parties reached a full and final agreement between them as to their respective interests in all property, including financial, and other claims which either L.ECAL. SERYtCES. tHC. 2436l!l26 P.l!l3 CHERYL BETH AUt.T, PlaintilT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANI,\ v, NO. 97- CIVIL TERM OAR YL LESLiE, SEESE. Delimdanl PROTECTION FROM ABUSE PETITION FOR PROTECTION ORDER RELIEF UNDER THE PROTECTION FROM ABUSE ACT 23 Pa.C.S. ~6101 ct seq. A. ABUSE I. The plainliff. Cheryl B Ault. is an adult individual whose pennanent residence is located at 6003 William Drive. Mechanicsburg. Cumberland County. Pennsylvania 170SS. 2. The plaintiff is ternporarily staying at an undisclosed location for her own protection and to avoid further abuse as is rnore fully set forth herein. This addrcss will be furnished to the court upon request. 3. The delend:!nt. Daryl L. Seese. (SSN: L'nknown)(DOB: 12/21/49). is an adult individual residing at 6003 William Drive. Mechanicsburg, Cumberland County, Pennsylvania. 17055 4. The delendant has had an intimate relationship with the plaintiff. 5. Since approximately August. 1997. the defendant has attempted 10 cause and has intentionally. knowingly. or recklessly caused bodily injury to the plaintiff, placed her in reasonable fear of imminent serious bodily injury, and has knowingly engaged in a coursc of conduct or repcatedly committed acts toward the plaintiff including following the plaintiff without proper authorization. under circumstances which have placed her in reasonable fear of bodily injury. This has included. but is not limited to, the following specific instances of abuse: ..~.- _. h ./ a) On or about December 17, 1997, the defendant argued with the plaintiff and became increasingly more agitated causing the plaintiff to fear for her safety. When the plaintiff told the defendant that she was afraid of him and wanted to leave. grabbed her car keys, and ru~hed her down onto the chair when ~hc ~d~J to get up. After the plaintiff telephoned 911 for help, the defendant unplugged the telephone cord from the wall and stood in front of the wall jack when the plaintiff tried to plug in the telephone. The defendant tbllowed the plaintiff when she went outside to wait for the Hampden Township Police 10 arrive, told her that the only way he was leaving the house was in a body bag. and went back inside the housc. When the police arrived. the plaintiff advised them of the defendant's violence and of his thrcat to take his own life. She explained that he had several weapons (rilles, shotguns, handguns. and a compound bow and arrows) in the house. The police tried repeatedly to make contact with the defendant. but he would not answer the door and hung up the telephone when they called him. When the plaintiff telephoned the defendant from the police station at their request. he tried to coerce her into returning to the house to talk to him, but the police advised her not to return to the horne because the delimdant had a.ccess to his weapons and ,. ~ I J l t1 lJ f ') I i was unstable b) In or about August, 1997, the defendant kicked the plaintiff in the side. shook her violently causmg her to fall to the ground. threatened her saying, "I think I'm going to kill you today, but I don't know how." The defendant threw bottles full of beer about. struck the walls with his fists. went into a roorn and returned with one of his handguns. told the plaintiff it was loaded, and pointed it at her causing her to fear for her life. When she tried to leave, the defendant grabbed her by the ann and shoved her onto the bed. As she got up from the bed. the \~ fI i ,- .~~ I LECAL SERV leES. I He. 2439026 P.04 detendanl grabbcd her by the neck and told her lhat she could not go anywhere or do :lnything without his permission. c) Since appro:\imalely August, 1997. the defendant has abused the plaintiff in ways including. but nOl limited to. grabbin!l- shoving. and kicking her; threatening 10 kill her ifhe finds her with another man; following her to make sure she is going to work; physically accosting and/or threatening her friends when she has been with thern in public places; monitoring her telephone calls by listening to her conversations on an extension telephone and using the "69 feature on the telephone to ascertain the identity of whoever calls the plaintiff. and repeatedly telephoning her at her place of employment to detennine if she is at work 6. On or about Decernber 17. 1997. the plaintiff left her residence at 6003 William Drive. Mechanicsburg, Cumberland County, Pennsylvania. in order to avoid funher abuse. 7. The plaintiff believes and therefore avers that she is in immediate and present danger of abuse ITom the defendant should she return to the home to the horne without lhe defendant's exclusion and that she is in need of protection from such abuse. 8. The plaintiff desires that the defendanl be prohibited from having any direct or indirect contact with the plaintiff including, but nOI limited to. telephone and wriuen communications. 9 The plaintiff desires that the delendant be enjoined ITom harassing and stalking the plaimiff. and from harassing her relatives. 10. The plaintiff desires that the defendam be restrained from entering her placc of employment. II. The plaintiff desires that the defendant be enjoined frorn removing. damaging. destroying or selling any property owned jointly by the panics or owned by the plaintiff 12. The plaintiff desires that any weapons the defendant owns or possesses (rifles. shotguns. and handguns) be confiscated by the Sheriffs Department and that the defendant bl: prohibited from acquiring or possessing any weapons for the duration of the T l.'TI1porary Protection Order, B. EXCLUSIVE POSSESSION 13. The home rrorn which the plaintiff is asking the Court to exclude the delcndant is owned in the name of the plaintiff, Cheryl B. Ault. 14. The plaintiff currently has no place to stay except her residence locatcd at ll003 William Drive. Mechanicsburg, Cumberland County. Pennsylvania. and the defendant has mends in the area with whom he can stay. C. REIMBURSEMENT FOR COST OF CASE 15. The plaintiff asks that the defendant be ordered to pay $250.00 to Cumberland County, one of legal Services. Inc.'s funding sources as reimbursernent for the cost ~;' :itigating this case, and that the defendant be assessed the $25.00 surcharge and any court costs if the case goes to hearing. WHEREFORE. pursuant to the provisions of the "Protection from Abuse Act" of October 7, 1976,23 P.S. ~6101 et ~.. as nrnended, the plaintiff prays this Honorable Court to grantlhe following relief: A. Grant a Temponuy Order punulInt to Ihe "Protection from ,Abuse Act:" I. Ordering the defendant 10 refrain from abusing the plaintiff or ITom placing her in fear of abuse; .....~....-...... 2,' Ordering the defendant to refrain from having any direct ~r indirect contact with the plaintiff including. but not limited to. telephone and written communications. 3. Ordering the defundant to refrain ITom harassing and ~talkir.~ the plaintiff and from harassing her relatives. 4 Prohibiting the defendant from entering the plaintiffs place of employment. s, Prohibiting lhe defendant from rernoving. damaging. destroying or selling property jointly owned by the parties or owned by the plaimiff 6, Granting possession of the home located at 6003 William Drive. Mechanicsburg. Cumberland County. Penns)'lvania. to the plaintiff to the exclusion of the defendant. and ordering the defendant to stay away trom any residence the plaintiff may establish for herself pending a final order in this matter. 7. Ordering the defendant to relinquish to the sheriffs department any weapOns which he owns or possesses (rifles. shotguns, and handguns). and prohibiting the defendant from acquiring or possessing any weapons for the duration of the Temporary Prolection Order. D. Scbedule a hearing in accordance witb tbe provisions of the "Protection from Abuse Act," and. after such hearing. entel' an order to be ill effect for:t period of one year: 1. Ordering the defend:mt to retrain tTorn abusing the plaintiff or from placing her in fear of abuse. 2. Ordering the defendant to refrain from having any direct or indirect contact with' the plaintiff including, but not limited to, telephone and written communications. 3. Ordering the defendant to refrain from harassing and !t:llking the plaintiff and from harassing her relatives. 4. Prohibiting the defendant from entering the plaintiffs place of employment. s. Prohibiting the defendant from removing. damaging. destroying or selling property jointly owned by the parties or owned by the plaintiff, 6 Granting possession of the home located at 6003 William Drive. Mechanicsburg. Cumberland County. Pennsylvania. to the plaintiff to the exclusion of the defcndant. and ordering the defendant to stay away from any residence the plaintiff may establish for herself. 7. Ordering the defendant to relinquish to tile sheriffs department any weapons which he owns or possesses (rifles. shotguns, and handguns) and prohibiting the defendant from acquiring or posSC$sing any weapons for the duration of the Protection Order. '\i ( ': ~, I \' , it" ; , :~ i II' i) ) , 'j \., I.ti r ' I j: I',. I I i. I.... \.l \i !i I J 8. Ordering the defendant to pay 5250.00 to Cumberland County. on~ of Legal Services. lnc.'s funding sources as rcirnbursement for the cost of litigating this casC. and assessing thc 525.00 surcharge and court costS to the defendant if the case goes to hearing The plaintiff further asks that this Petition be filed and served without payment of fees and costs by the plaintiff, pending a further order at the hearing, and that a certified copy of this Petition and Ordcr be delivered to the Hampden Township Police Department which has jurisdiction to enforce this Order. ') \ , I i ~ I' I L.EGAL. SERY ICES. I HC. 2438026 -' ~~~ ct CHERYL BETH AUL T. Plaintiff IN TIlE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 97-7005 CIVlL TERM DARYL LESLIE SEESE, Defendant PROTECTION FROM ABUSE CONSENT AGREEMENT This Agreement is entered on this _ day of January, 1998, by the plaintiff. Cheryl Bcth Ault, and the defendant. Daryl Leslie Seese. The plaintiff is represented by Joan Carey of LEGAL SERVICES. INC.: the defendant is unrepresented but is aware of his right to have an attorney. The parties agree that the following may be entered as an Order of Court. 1. The defendant. Daryl Leslie Seese. agrees to refrain frorn abusing the plainlilT, Cheryl Beth Ault. or from placing her in fear of abuse. 2. The defendant agrees not to have any direct or indirect contact with the plaintiff including. but not limited to, telephone and written communications. 3. The defendant agrees not to harass and stalk the plaintiff and not to harass her relatives. 4. The defendant agrees not to enter the plaintiffs place of employment. S. The defendant agrees not to remove. damage. destroy, or seU any property owned by the plaintiff or jointly owned by the parties. 6. The defendant agrees to stay away from the plaintiffs residence located at 6003 Williams Drive, Mechanicsburg. Cumberland County, Pennsylvania, and the defendant lIgrees Il' stay away from any residence the plaintiff may in the future establish for herself. 7 The defendant agrees to relinquish to the sheriffs department any weapons which he owns or possesses (rifles, shotguns. handguns), agrees that the weapons remain in the custody P.01 / .~ J ) L.ECAL. SERY t CES. t HC. 2..39026 P.0t . .,' - .' ,DEe 1 9 1997 CHERYL BETH I\UL T, Plaintiff IN THE COURT OF COMMON PLEAS OF v. CUMBERLAND COUNTY, PENNSYLV/\NIA NO, 97- 7005 CIVIL TERM DARYL LESLIE SEESE. Defendant PROTECTION FROM ABUSE TEMPORARY PROTECTION ORDER AND NOW. thb;.22.u:4ay of December. 1997. upon presentation and consideration of the within Petition. and upon tinding that the plaintiff. Cheryl Beth Ault. temporarily residing at an undisclosed location for her safety and to avoid further abuse. is in inunediate and present danger of abuse frorn the defendant. Daryl Leslie Seese. the following Temponlry Order is entercd l.wr ~1!forc:wnC!1II <lgellC:ll!s. h/lmem ser,,;c/! oJ(mde.\ lIIui .\ch(/(II JiMric:l$ .\hClII //'" ,Ii,dll.\~ Ihe prest!1lC:1! (if Ihe pl<llllliff ami Clr Ihe child ren III Ihl! )lIr1SulC:/lu/I ur liisericl UI' fi/l'III.\/r W~\' adJre.H. lelepho/le mlllrhl!r. or allY ulher denrugraphk illJilrnra/ll1l/ a/Illllt Ihe p/C1/11I~ff <I/ld or chiM 1'1!I1 exc:~pl hyfil'lhl!r Order "f CUlln The defendant. Darvl Leslie Seese. (SSN. Unknown)(DOB 12/21154) now residing at 6003 Williams Drive. Mechanicsburg. Cumberland County. Pennsylvania. is hereby enjoined from physically abusing the plaintiff. Cheryl Beth Ault. or from placing her in fear of abuse The delendant is excluded from the plaintiffs residence located al 6003 Williams Drivc. Mechanicsburg. Cumberland County. Pennsylvania. a residence which is owned by the plaintiff. and the defendant is ordered to stay away from any residence the plaintiff. may in the future establish for herself. The detendant is ordered to refrain from having any direct or indirect contact wilh the plaintiff' including. but not limited to. telephone and written communications. The delendant is enjoined from hnrassing and stalking the plaintiff and from harassing her relatives. L.EGAL. SERY ICES. I HC. 2439026 P.02 " ,or, , The delendant is enjoined from entering the plaintiffs place of employment. The detendant is enjoined from removing. damaging, destroying or selling any property owned jointly by the parties or owned by the plaintiff. A vlohlllon of this Order may subjert the defendant to: i) lIrrest under :3 :':1.c.:;. ~6113; ii) :1 privale crimina" complaint under 23 PlI.C.S. ~6I1J.l; ill) a charge of illdire...t criminxl conlrmpl under 23 PlI.C.S. g6114. punishable by Imprisonment up to six months and a fine ofSIOO.OO.$I.OOO.OO; and iv) civil contempt under 2J Pa,C.S. ~6114.1. This Order shall remain in effect until modified or tenninated by the Court and can be extended beyond its original expiration date if the Court finds that the detendant has commiucd .U\ act of abuse or has engaged in a pattern or practice that indicates risk of harm to the plaintiff. The defendant is ordered to relinquish to the sbullTs department any weapons which be owns or possesses (riDes. sbotguns. handguns), and tbe defendant is prohilJiled from acquiring or possessing any weapoDs for tbe duration ofthls Order. A HEARING SHALL BE HELD ON THIS MA TIER ON THE .1'/ ~i-DA Y OF j)c("{",...,t,(,/l. .1997,AT /l.rlrJ A-.M..INCOURTROOMNO.~, OF THE CUMBERLAND COUNTY COURTHOUSE, CARLISLE. PENNSYLVANIA. The plaintiff may proc~d without pre-payment of fees pending a futther order after the hearing, The Cumberland County Sherifi's Department shall attempt to make service at the plaintiffs request and without pre-payment of f~s, but service may be accomplished under any applicable rule of Civil Procedure. This Order shall be docketed in the office of the Prothonotary and forwarded to the Sheriff for service The Prothonotary shall not send a copy of this Order to the defendant by mail. The Hampden Township Police Department shall be provided with a certified copy of this Order by the plaintiffs attorney, This Order shall be enforced by any law enforcement agency , JOIIIISOII, Dllffle, Stewart & Weitlller By: Joscph L. Hitchings !.D. No. 65551 301 Markct Strcct P. O. Box 109 Lcrnoync, Pcnnsylvania 17043-0 I 09 (717) 761-4540 Allomcys for I'lninlil1' DARYL L. SEESE, IN THE COURT OF COMMON PI.EAS OF CUMBERLAND COUNTY, PENNSYLVANIA 1~- 9&'/ NO/'l(l't~, CIVIL ACTION - LAW Plaintiff v. CHERYL B. AUL T, Defendant NDIICE TO DEf~NQ TO THE DEFENDANT: 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 nollce are served, by entering a written appearance personally or by attorney and filing in writing with the court your defense or objecllons 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 nollce 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 Lawyer Referral Sorvlco Q..Q...1 A,hfllnl~.t<Mc. 4~r, Cumberland County CVUrth8111111 Carlisle, PA 17013 Telephone: (717) :1-40-41206- 2./rl -'Jilt'" BHl /I").}(.'<: I (II, C' I" J- L ht'~,L,( /(Vt.. @J - . . '" ~ \ ' ~ ~- 0' r:: ~"C) 5.E l"~ ~ t; ,-- '";'- I' tsQ N :~ 0;'5 G-{-; ,.. I._l;:,",.:.' ~ ".. II: ~L c_ ,-. ~ ~ rf'\ 9'.' ('1:-:1 , , :;:l~ rr-., C:l~; 0 w../l..;. ('oJ 0;'5; N r"l\ ~~l! "'" ... r-: IIJ ~.l J I ij -i .~ ...... S~ 0- ct 15 co :::l ~~ ~ c..-, U ~ b. Denied. See answer to Paragraph 12a. above. Strict proof demanded at time of trial. c. Denied. See answer Paragraph 12a. above. Strict proof demanded at time of trial. d. Admitted In part. Denied In part. It Is admitted that the Petition, Consent Agreement and Order attached to Defendant's New Matter were filed on behalf of the Plaintiff. To the extent the averments of this subparagraph attempt to set forth anything or draw Inferences not stated in those documents, the same are denied as the documents clearly speak for themselves. e. Admitted in part. Denied In part. It Is admitted that the allegations set forth in this subparagraph and its subsections were set forth in the Defendant's Petition. However, the allegations as set forth in the Petition are unequivocally denied by Ihe Plaintiff. f. Admitted in part. Denied in part. It is admitted that the Plaintiff attempted to call the Defendant's supervisor, however that Individual would not speak to him. The remaining averments of this paragraph are denied and strict proof thereof is demanded at the time of trial. g. Denied. It Is denied that the parties separated due to wrongful conduct of the Plaintiff and not due to any conduct of the Defendant. By way of further answer, Defendant had numerous affairs, including at least three that are known to Ihe Plaintiff, during Ihe time the parties were together, and it is fur1her believed, and therefore averred, Ihat the Petition for Abuse was filed as pretext to getting the Plaintiff to leave the residence. By way of further answer, on December 10, 1997, one week before the alleged lalest incident plead in the Petition, Plaintiff asked the Defendant if she wanted to split up and offered to pack up this belongings and move out. Defendant told him no, that she wanted him to stay, yet filed the Petition to have him removed from the residence shortly thereafter. ~. AFFIRMA TIVE DEFENSES Accord and Satisfaction 13. Paragraphs 1 through 10 of Plaintiffs Complaint and Paragraphs 11 and 12 of Plaintiffs Reply to New Matter are incorporated by reference as If the same were more fully set forth at length herein. 14. Admitted In part. Denied in Part. It is admitted that the parties entered into negotiations concerning Ihe allegations contained In the Protection from Abuse Petition. However, those negotiations were only with regard to resolving the Petition, and having the Plaintiff be able to retrieve his personal belongings. The parties never negotiated the issues raised In Plaintiffs Complaint following the filing of the Abuse Petition. 15. Denied. Plaintiff, following receipt of the Protection from Abuse Petition, Insisted Ihat he be allowed to retrieve his personal belongs. The Issue of reimbursement for work performed on the Defendant's residence was not discussed at this time. 16. Denied. There was no full and final agreement reached between the parties concerning their Interest In any property. tt is admitted that Defendant paid the Plaintiff the sum of $300.00, which was expressly stated as being Plaintiffs Interest in a jukebox which the Defendant was retaining. WHEREFORE, Plaintiff, Daryl L. Seese, demands judgment against Defendant Cheryl B. Ault in an amount not exceeding $25,000.00, exclusive of Interest and costs. ANSWER TO COUNTERCLAIM 17. Paragraphs 1 through 10 of Plaintiffs Complaint and Paragraphs 11 through 16 of Plaintiffs Reply to New Matter are incorporated by reference as if the same were more fully set forth at length herein. 18. Denied. It Is denied that Plaintiff engaged in abusive or assaultive behavior with regard to the Defendant, and It Is further denied that Defendant in any way suffered physical and/or emotional harm as a result of any actions taken by the Plaintiff. ". WHEREFORE, Plaintiff, Daryl L. Seese, demands Judgment In his favor and agaInst Defendant Cheryl B. Ault with respect to the claims raised In Defendant's Counterclaim. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER \ '-<. Joseph L. Hitchings DATE: Lf-:n- '1'1J' 11034.11109341 '\ "I'. fr. 0' f;; c:. "'" ,.. .... C'J ~::, <f'!" wq u-:~ {.:'t, :t: u;, It~< (L. (~1 ~~i ~ri ..' - C(, "'i"f.' " U. N ....) .-;~ "_ iI-:; .~tJ 0: oJ,n ~ 0.. ~r~ 0.. oc.r ~: u- m :.) 0 <7' U , Christopher C. Houston Attorney nt Law 52 West Pomfret Street CItrUS Ie, Pennsylvania 17013 717-241-5970 I'acsimile: 717.211.6970 November 10, 1998 Prothonotary's Office Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Sincerely, REI Seese v Ault/98-98l Civil Term Dear Sir or Madam: Enclosed please find a Notice of Hearing by Board of Arbitrators for the above matter to be posted on your bulletin board. Thank you for your attention to this matter. Karen F. Byers Secretary to Christopher C. Houston j Enclosure I I I r I .;, i~ Daryl L. SeeBe, Plaintiff IN TIlE COURT OF CO~Il>ION PLEAS OF CmmERLAND COUNTY I PENNSYLVA.'lIA I' I r' , \' ( .. : YI> NO. 98-981 . I CIVIL 1998 '. Cheryl B. Ault, Defendant CIVIL ACTION - LlIW .: RULE l312~1. The petition for Appointment of Arbitrators shall be substantially . in the following form; PETITION FOR APPOINTMENT OF ARBITRATORS TO THE HONORABLE, THE JUDGES OF SAID COURT: Joseph L, HitchinQB , counsel for the plaintiff/~ in tha above action (or actions),.respectfully represents that: 1. The above-captioned action (or actions) is (are) at issue. 2, The claim of the plaintiff in the. action is.$ 25,000.00 The counterclaim of the defendant in the action is $25,000,00 ,.. , J The following attorneys are interested in the .wise d~squalified to sit as arbitrators: case(s) as counselor are other- Joseph Hitchinas. Samuel Milkes 1 I . ! WHEREFORE. your petitioner. prays your Hono;able Court to appoint three (3) arbitrators to whom the case shall.be submitted, , . ITt~UllY submitt l~l ~. , 199& . in consideration. of the 1/--./lUf-.,C;;:; Esq" ~ /k:lt'~ ,Esq., are appointed arbitrators in the ORDER OF COURT AND NOW, . g LtUt...I/LJ ,;It 7 foregoing petition, L.'l~'\J Esq... and ~14'cd<V ..c!inw ~ , I above-captioned action (or actions) as prayed for, \'\i\~i/\l.~,~~~<N~~, ", )J'I~""("' f,.,'_t,(.'.'.,.., i!lJ .1',,\,).": ,.. B I :OIIW 8~ IJU Un . ^\.lVIO;';ljr,!\~s~...~l :D 3::Ji:l:'O-uJ1b P. J'. '. '5;; "'6 ...... .... ....,~ 0- ,., ~ r;. '" ~J >- (') -- ct; N ~.~ ~ .!- lJJr~ 0\ .:.]..... 0-' ..... :'.~~j Li': ~._~ 'J.~ ..' t, ~:: C.) ~_ 6<' ,>oJ . (~!) U.lI,: N ' ,..,.. Fu.l I- !:ii.5 ""1 c "~I.!O_ r..... c ....~ 1J.. Cf~ --', '.) <n () DARYL L. SEESE, Plaintiff v. ; IN 'l'HE COUR'r Ol~ COMMON PLEAS : CUMBERLAND COUN'l'Y, PENNSYLVANIA : NO. 98.981 CIVIL 'rERM CHERYL B. AULT, Dcfcndant : IN DIVORCE " .. NOTICE OF INTENTION TO PETITION FOR COUNSEL FEES PURSUANT TO 42 PACSA !l2503 , COMES NOW, the Defendnnt in the abovc referenced action, by her attorney, Samuel W. Milkes, Esq., Jacobsen & Milkes, nnd formerly places the Plaintiff on Notice , of Defendnnt's intention to seek counscl fecs under 42 PAC SA !i 2503, at the conclusion of this litigation. In providing this Notice, Defendnnt states as follows. 1. The statute in question allows for the award of counsel fees as a snnction against nnother participnnt in litigation for dilatory, obdurate or vexatious 1 I , I conduct during the pendency of a matter or for the commencement of a mattcr considered to be arbitrary, vexatious, or commenced in bad faith. l , 2. Defendnnt recognizes that the appropriate time to formally request counsel fees is by Petition after the conclusion of a case, nnd therefore, the instnnt pleading is not intended to be construed as a formal request for action on attorney fees, but rather it is intended to place the Plaintiff on notice as to Defendnnt's intentions. 3. The Defendnnt considers this matter to fall within the type of conduct intended to be covered under !i2503 for reasons which cnn be developed during the course of this litigation but which include primarily the following: " >- 0\ ~- cr; \r. r'- ~ .< LJ.l~J C,; i3~; 0-" G.C' o.~ ':..J::;"' Il:r!.' ;'-~;:_I ;!c, '" . .- :'1..,- jf') U-jci c...,: .: >', ,r-.-,. - 'I' ~. '."Cb r;:. r.. ....,. ~;?(J_ -, 10. ct. :j 0 cr. U >- 1-. n; 0 f:~ is: l':l f} .. -5::'$ FFP .'-0 '.J : ~;. ~r~ ,__4 -- :...)~ l...t 1.0 c:r. ~.:. (l) Ll n.. ('.J '1--;..'- _J (s.~;::. u:lt. ;;': :./, I':': >'l'-1 ,- -, ::JrJ. ,,- cr, 0 ':) en (.) osvo/((V/ (J1c..kv~\.f ct' ~~J ~ -J'~J D. r/vl4.~~ 6) {!h1i-lur4v (, (1cPtJ5 OJ" C~w...,"': ~ IllVtV/e'aJ' 1;. G()~..(c( -c..lf fui......t Gll. 'I - J. ;l. . q ~ ~- ~ 14.w- C."'h , (;, a:a. S. ~t./~_, to q ;Jd-;:r~,-,..;. !;.- ~s:-> I r?-I.(Z-f"u 'i( n ..0 0 c::: I.D " .~ ;::.. ",. -:J -tllli '0 ,if:!] gJC::; ::::l . ,- ~'S.' T,m J'. U1 I"J'T: U/ ., (.) 2:eJ ."~'I:J S,c. S; ..l;:U ..0 ~C) - i:;rn ~C - .- -I ~ :? -- ~ '" v. : IN THE CaUR'!' Ol~ COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 98.981 CIVIL'rERM : CIVIL AC'!'ION - LAW DARYL L. SEESE, PlaintiIT CHERYL B. AUUr, Defendant CERTIFICATE OF SERVICE I, Angela S. Gurland, hereby certify that a true and correct copy of Defendant's Petition for Counsel Fees Pursuant to 42 PACSA ~ 2503 in the above captioned matter was duly served upon Joseph Hitchings, Esq., counsel for PlaintiIT, by depositing it in the U.S. Mail, postage prepaid, on May 11, 1999, addressed as follows: Joseph Hitchings SAID IS SHUFF & MASLAND 26 W. High Street Curlisle, PA 17013 I hereby verify that the statements made in the foregoing ure true and correct. I understand that faIse statements herein ure made subject to the penaIties of 18 Pa.C.S. Section 4904, relating to unsworn faIsificatioll to authorities. Dated: 6 J;/f(! !?,;g~d dulL AN . LA S. GARLAND .' DARYL L. SEESE, PlaintilT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW CHERYL B. AULT, Defendant : NO. 98-981 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR COUNSEL FEES BEFORE OLER, J. ORDER OF COURT AND NOW, Ihis t:t,""day of October, 1999, upon consideration of Defendant's Petition for Counsel Fecs Pursuant to 42 PACSA * 2503, following a hcaring, and for the reasons stated in the accornpanying opinion, thc pctition is dcnicd. BY THE COURT, Joseph L. Hitchings, Esq. Johnson, Duffie, Stcwart & Weidncr 301 Market Street P.O. Box 109 Lcrnoyne, PA 17043-0109 Attorney for Plaintiff Sarnuel W. Milkes, Esq. Jacobsen & Milkes 52 East High Street Carlisle, PA 17013 Attorney for Defendant c; \(: c: ~) . -~ .;, .-, ~-') -l I <:0 ",1 .... ..., -, r;i .. ,. , .'.1 ("~ j.~Ci ~: .-. ('- l-:l ):'(' Z :::! 1:1 -~., , . J ':~) >~~~ (.:(") I ',iil .', -,~ 'LJ ~ C,J DAR YL L. SEESE, PlaintifT v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION-LA W CHERYL B. AULT, Dcfcndant : NO. 98-981 CIVIL TERM IN RE: DEFENDANT'S PETITION FOR COUNSEL FEES BEFORE OLER, J. OPINION and ORDER OF COURT OLER, J., Octobcr 8, 1999. Prcscntly bcforc Ihc court is a petition filcd by thc Dcfcndant for counsel fces pursuant to Scction 2503 of thc Judicial Code.' Dcfendant's petition allcgcs that Plaintiff's conduct in commencing and rnaintaining thc action constitutcd obduralc or vexatious conduct,2 A hearing on thc petition was hcld on August 5, 1999. For thc reasons statcd in this opinion, the petition for counsel fecs will be denicd. STATEMENT OF FACTS Plaintiff cornrnenccd the undcrlying action herein for unjust enrichrncnt, based upon certain irnproverncnts he rnade to Defendant's home during a period when he and Defendant were living together. Plaintiffs complaint alleged that, "[a]s a result of the work perforrned on Defendant's horne by the Plaintiff, and the resulting increase in value of the horne, the Defendant has been unjustly enriched without cornpensating the Plaintiff for the cost of labor and rnaterials, which he incurred.,,3 Damages were c1airncd by Plaintiff"in an arnount not cxceeding $25,000.00, exclusive of interest and costS.,,4 , Act of July 9, 1976, P.L. 586, *2,42 Pa. C.S. *2503. 2 Defendant's r- .:/ition for Counsel Fees Pursuant to 42 PACSA ~ 2503. 3 Plaintiff's Cornplaint, paragraph 10. 4 Plaintiff's Complaint, ad damnurn clausc. At a compulsory arbitration hcaring. Dclendant prcsented cvidencc as to thc valuc of labor and matcrials which hc allcgcdly 11Irnishcd in conncction with improvcmcnts to Plaintifrs homc prior to thc dissolution of thcir rclationship. Thc fact Ihat Plaintiff had donc a significant amount of work on thc homc was not disputcd by Dcfendant. Plaintiff did not, howcver, prcscnt cvidcncc as to thc incrcasc in valuc of thc propcrty, if any, attribulablc to thc improvcmcnts. At thc conclusion of Plaintiffs casc, thc board of arbitrators suslained a rnotion by Defcndant for a compulsory nonsuit The ruling was based upon the absence of evidcncc as to the increasc in value of the property, which the board pcrceived to be the proper rneasure of darnages in a quantum rneruit action.s No appeal was filed from the decision ofthe board. Subsequent to the board's decision, Plaintiff filed the petition sub judice for counsel fees. DISCUSSION With respect to awards of counsel fees, Pennsylvania has traditionally adhered to the "American rule": The custornarily applied "Arnerican rule" provides that there can be no recovery of counsel fees frorn an adverse party in the absence of an express statutory allowance of attorney's fees, a clear contractual agreernent between the parties, or sorne other established exception perrnitting attorney's fees in a given situation. Pennsylvania State Police v. Benny Enterprises, Inc., 669 A.2d 1018, 1022 (Pa. Cornrnw. Ct 1995); see Act of July 9, 1976, P.L. 586, ~2, as amended, 42 Pa. C.S. ~I726(a)(1) (1999 Supp.). S The board did not reach a second defense raised by Defendant, in the nature of accord and satisfaction. This defense was based upon an earlier settlernent of various personal property issues between the parties. Whether the agreernent encornpassed other issues, such as Plaintiffs c1airn arising out of irnprovernents to Defendant's prernises, was a disputed issue of fact, dependent upon a determination of the parties' intentions. The correctness of Defendant's position on the issue is not so rnanifest as to warrant a favorable disposition of her petition for counsel fees on the basis ofthis defense. 2 Scction 2503 ofthc Judicial Codc providcs statutory authorization lhr thc rccovcry of rcasonablc counscl fccs as part of thc taxablc costs of a casc whcrc thc conduct of a party "in commcncing thc mallcr or othcrwisc was arbitrllry, vcxatious or in bad faith:'(' or "as a sanction against In] participant for dilatory, obdurntc or vcxatious conduct during thc pcndcncy of amallcr:,7 intcr alia. An action Ihr unjust cnrichmcnt bascd upon improvcmcnts madc to a dcfcndant's prcmiscs by an occupant with a rcasonablc cxpcctation of continucd rcsidcncy upon thc propcrty has bccn rccognizcd in Pcnnsylvania, in ccrtain circumstanccs. See, e.g., Chesney v. Stevens, 435 Pa. Supcr. 71, 644 A.2d 1240 (1994) (upholding award of darnagcs on unjust cnrichrncnt thcory 10 month-to-month tcnants for improvcmcnts rnadc to Icascd prcrniscs during lcnancy). In thc prcscnt casc, PlaintilT's action was ostcnsibly bas cd upon facts giving risc to a Icgitimate cause of action in quasi contract. Although Defcndant rnay be correct that Plaintiff pursued an incorrect measurc of damagcs at thc arbitration hearing,8 relief in quanturn rneruit cases is sornetirncs described as rcstitutionary in nature9 and confusion as to the proper rncasure of darn ages in such actions is not uncornrnon.IO Under the circurnstances of the case at bar, the court does not find itself in a position to characterize PlaintilT's conduct in cornrnencing the action as arbitrary, vexatious or in bad faith, or in rnaintaining the action as dilatory, obdurate or vexatious. In the absence of statutory authorization which would otherwise sanction an award of counsel fees to Defendant, or a contractualarrangernent providing for such a rcmedy, or sorne other applicable 6 Act of July 9, 1976, P.L. 586, ~2, 42 Pa. C.S. ~2503(9). 7 Act of July 9, 1976, P.L. 586, ~2, 42 Pa. C.S. ~2503(7). 8 See Chesney v. Stevens, 435 Pa. Super. 71, 644 A.2d 1240 (1994). 9 See Schenck V. K.E. David, Ltd.,446 Pa. Supcr. 94, 98, 666 A.2d 327, 329 (1995). III See, e.g., United Mercantile Agencies, Inc. V. Slotsky, 107 Pa. Super. 467, 164 A. 349 (1933 ). 3