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Home My WebLink About01-0162 FX . , , , HRISTIANNE SNYDER-TEETS and ALTON E. TEETS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0 I - /(P ? OBERT MILLER Defendant CIVIL ACTION - EQUITY NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against he claims set forth in the following pages, you must take action ithin (20) days after this Amended Complaint and Notice are erved, by entering a written appearance personally or by attorney nd filing in writing with the Court your defense or objections to he claims set forth against you. You are warned that if you fail o do so the case may proceed without you and a judgment may be ntered against you by the Court without further notice for any oney claimed in the Complaint or for any other claim or relief equested by the Plaintiff. You may lose money or property or ther rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO OT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Le han demandado a usted en la corte. Si usted quiere efenderse de estas demandas expuestas en las paginas siguientes, sted tiene viente (20) dias de plazo al partir de la fecha de la emanda y la notificacion. Usted debe presentar una apariencia scrita 0 en persona 0 por abogado y archivar en la corte en forma scrita sus defensas 0 sus objeciones alas demandas en contra de u persona. Sea avisado que si usted no se defiende, la corte omara medidas y puede eritrar una orden contra usted sin previa visa 0 notificacion y por cualquier queja 0 alivio que es pedido n la peticion de 'demanda. Usted puede perder dinero 0 sus ropiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE OGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, AYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION E ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONnE SE PUEDE CONSEGUIR SISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 CHRISTIANNE SNYDER-TEETS and ALTON E. TEETS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 61- /(,.2.. ~ CIVIL ACTION - EQUITY -r~ OBERT MILLER Defendant COMPLAINT The Plaintiffs aver the following in support of their omplaint against the Defendant: 1. Petitioners are Christianne Snyder-Teets and Alton E. eets of Post Office Box 137, Spring Gap, Maryland 21560. 2. Respondents are Robert Miller of MCIS, P,O. Box 549, essup, Maryland 20794. 3. A Complaint has been filed simultaneously to the above- eferenced docket, the contents of which are incorporated herein y reference. The Complaint demands the imposition of a onstructive trust upon the Defendant. 4. Plaintiff will suffer irreparable harm and injury for hich there is no adequate remedy at law if the Defendant ransfers, encumbers, or otherwise alienates any interest in the bove-referenced real estate 5. Issuance of an injunction would preserve the status quo f the parties. 6. Denial of injunctive relief would lead to immediate and 'rreparable harm in the form of damage to and loss of assets of he Plaintiff for which an accurate accounting has not been made. ~XIW'l!II~~ .~ ""--''7' I I' , r- -. . 7. The Defendant has fa!iled to pay the amount of $641.60 to the municipality of Lower f\.llen Township for which reason a lien has been entered against t~e property docketed at 2000-1514. 8. The Defendant has fa~led the taxes to the county in the ! amount of $1,139.20 for whiclj. reason a lien has been entered gainst the real estate docketed at 2000-5513. ! 9. Despite the advance pf funds totaling over $50,000.00, ! he Defendant has refused to !pay the taxes and other expenses instance with maintaining the r~al estate. 10. The Defendant occupi~d a position as attorney, advisor I r counselor to the Plaintiff ~uch as to inspire confidence that he Defendant would act in good faith for the Plaintiff's 'nterest. 11. The Plaintiff had never before in her life executed any egal document without the advi~e of an immediate family member or f trusted counsel. 12. At all times prior tiC and at the time of execution of he above-reference Deeds (see attached Exhibit A), a confidential ttorney-client relationship existed between Mrs. Snyder-Teets and he Defendant, and Mrs. Snyder-Teets reposed great trust and onfidence in the Defendant and relied heavily on the Defendant's dvice in her business and other affairs. At all such times, Mrs. nyder-Teets believed that the Defendant would deal fairly and 'ustly with her, and that the Defendant would never abuse their onfidential relationship. 13. Mrs. Snyder-Teets did not deliver possession of the eal estate to the Defendant however, but remains, in physical ossession of the property including such as to store various 'terns of personal property at the contested location. 14. The consideration mentioned in the deed was not the rue consideration for the conveyance of the property to the efendant, and in fact was never paid by the Defendant to Mrs. nyder-Teets. 15. It is conceded that the Defendant refinanced a mortgage ien against the property having had a balance at the time of ransfer of approximately $50,000.00; however, the property had an ppraised value of $140,000.00 as of the date the property was xpected to be repaired. (see attached Exhibit B) . 16. The true consideration for the execution of the deed as an agreement that the Defendant would pay to Mrs. Snyder-Teets he amount of the appraisal value as of the date of transfer, hich was expected to between $102,000.00 to $108,000.00 dollars. 17. The parties expected that the actual value of the roperty would be between $125,000.00 to $230,000.00 once the roperty had been fixed up. The Defendant was to have paid to rs. Snyder-Teets the amount as the property as appraised at the ime of the transfer less the amount of the outstanding liens gainst the property. 18. Mrs, Snyder-Teets spoke with the Defendant again during , , , 'I the summer of 2000. The Defendant indicated that he would pay her the balance that was owed within ninety to one hundred and twenty days and asked her to "sit tight". 19. Said property is, and at the time of the execution of said deed was, reasonably worth $105,000.00. The real estate itself, however, is unique; and Mrs, Snyder-Teets therefore has no dequate, comprehensive, alternative remedy at law. 20. At the time Mrs. Snyder-Teets executed the deed in avor of the Defendant, the Defendant had no intention to comply ith the agreement with Mrs, Snyder-Teets to improve the property nd pay to her the difference between its current value and the utstanding mortgage. The Defendant fraudulently induced Mrs. nyder-Teets to believe that they would comply with their greement and keep only the improvement value of the property from he $105,000.00 value as of the time of the transfer through the 125,000.00 to $140,000.00 improved value of the real estate. 21. By reason of the Defendants' fraudulent inducement to rs. Snyder-Teets that he would comply with her request to improve he property and repay her the existing equity therein, and by eason of the Defendants' refusal to comply with said request, the efendant has violated the trust and confidence placed in him as n attorney by Mrs. Snyder-Teets. The Defendant acquired said eed and property of Mrs. Snyder-Teets solely by means of fraud nd breach of confidence, . 22. The Quitclaim Deed and the Warranty Deed were drafted f I ~ ii , , the attorney, Robert Miller. WHEREFORE, Petitioner requests your Honorable Court to issue, to Pa. R. Civ. P. Rule 1531, enjoining the Defendant from or transfer of any right, title or interest in the real state, fixtures, or dwelling located at 95 Kensington Drive, ower Allen Township, Camp Hill, Cumberland County, Pennsylvania 7011. In the alternative, Petitioner request that a temporary 'njunction be granted pending a hearing on the matter. COUNT II 23. The proceeding paragraphs (1) one through (22) twenty- wo are incorporated herein by reference. 24. The Plaintiff, Alton E. Teets is the spouse of hristianne Snyder-Teets. 25. At the time of the transfer of the deed the parties here married, and as such are entitled to the presumption at law f ownership of the property as tenants by the entireties. 26. The Plaintiff, Alton E. Teets was unaware that Mrs. nyder-Teets was considering transferring, or had transferred, itle to the marital residence at 95 Kensington Drive, Lower Allen ownship, Camp Hill, Cumberland County, Pennsylvania 17011. 27. Mr. Teets had substantial items of personal property ocated at the marital residence, with such items having a eplacement value of $27,272.00. (see attached Exhibit C). 28. Despite making demand for the same, Defendant has ailed or refused to return the items of property located at 95 "~T '" ~~-""",. r , If Kensington Drive, Lower Allen Township, Camp Hill, Cumberland County, Pennsylvania 17011, WHEREFORE, the Plaintiff prays judgment as follows: A. eclaring a monetary judgment against the Defendant and in favor f the Plaintiffs in an amount in excess of $55,000.00, for the eal estate which amount exceeds the amount requiring arbitration; B. Declaring that the Defendant hold title to said real property in trust for the Plaintiffs; C. Requiring the Defendant to econvey said real property to the Plaintiffs upon reimbursement f the reasonable and actual expenses the Defendant may have laced into the property; D. For monetary judgment in the amount f $27,272.00 for the personal property; E. Declaring that the efendant holds title to said personal property in trust for the laintiff; F. Requiring the Defendant reconvey said personal roperty to the Plaintiffs; G. For costs of suit; and H. For such ther and further relief t may, deem just and equitable. mitted, ate: \ Il( (0\ Matt e J. Law Office 2108 Marke Camp Hill, ID# 72655 shelman, Esquire of Patrick F. Lauer, Jr. Street, Aztec Building Pennsylvania 17011-4706 Tel. (717) 763-1800 CHRISTIANNE SNYDER-TEETS and ALTON E. TEETS, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . . . vs : NO. : ROBERT MILLER Defendant : CIVIL ACTION - EQUITY . . VERIFICATION We, Christianne Snyder-Teets and Alton E. Teets, state that we are the Petitioners in the above-captioned case and that the facts set forth in the foregoing document are true and correct to the best of our knowledge, information and belief. We realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S. 4904. I DAte, ~ ,,$)fXtJ /~~r~~ 'AIl ON E. TEETS IVC;(w-I2JT (.JOn/'- ,.w'.,-u,...... ,~, J'ee. f"'1uc {J/C.. ~3 '6_ ~?;{'ff; (2- /t-ov) \~I~ THIS MORTGAGE SATiSFIED ",,',',':i ;, ,;',',;;',',:'" BY SATISfACTIONJ'iECE ,'" ',' :,'l:>:'(,'n, I , :, ,DATED 11ftV' tI" )'7'1 J '98 np, H I'rl 3 25 RECORDED IN MISCl Bx/3B'PAGE .:{s:J Fa. It' .;2p'lJ7 ISp8Cf1 Above ThlI Unt Far a-rdIng Datil] MORTGAGE ~OAH IDR 15000580 THIS MORTGAGB (-Security Instrument") is given on ALTOR B. '1'BB'1'S AND CHRISTZANHB X. SNYDER APRIL 3RD. 1"8 Tl1e mortgagor is ("Borrower"). ---- This Security InstrUD1CDt is given to which is organized and existing under the laws of and whose address 11 10640 MAIR STRBBT, 8300. LL PUNDIRG CORP. TBB S'1'ATIl OF MARYLAND MCLBJUI. VA :1.:1030 (-Lender"). \ Borrower owes Lender the principal sum of I'%FTY 'l'HOVSAND AND NO/100- - . - - - - _. _ _. _._ __'. _. _ _. _ _ _. _ _. _ _ _ _ _ --Dollars(U.S.$ 50.000,.00 ). This debt Is evldcJ1ccd by Borrower's nole dated the same dale as this Security InsllUmcot (-Note"), which ~vldes ror nmndlly payments, wIth dIll full debt, if not pald earlier, due and payablll on MAY 1ST. 20:18 ThIs Security Instrument SCCllre8 10 Leader: (a) the repayment of the debt evfdenced by the Note, with in~t, and all renewals, extensions and modifications of the Notej (b) !he payment of aU other sums, with IDtcreSt, advanccll: under pal'3gnph 7 to prolecl tile security of this Security Instrument: and (c) the performance of Borrower's coveniDts aDd agreements under this Security Instru.J1icnland the Note. por this purpose, Borrower docs hereby mortgage, 'grant and convey 10 Lender the followlng described Property located in CUMBBRt.AND County, Pennsylvania: SEE BllIIBI'1' "A" A'1'TACHSD JQlRETO AND MADB A PAR'1' HBRSOl' PclUlSylvanla 17011 IZipCode] 9S KBNSXNGTON nUVB ISln:~ll (MPropertyAddrcssij CAXP HILI. ICllyl whichhu the addrcss of TOOBTHER WITH all the improvements now or hereafter erected Oil the Property, and all casel1lCllts, appurtenances, and fixtures now Ot hereafter a part of the Property. All replacements and additions shall also be covered by tllis Security Instrument. All of tlie foregoing i,s referred to in this Security Instrument as the .Property." , PRNNSYLVANlA--5lnlle Flmily-FNMAlFlILMC UNIFORM INSTRUMENT I'ACMIG . 11161995 I'ftzol Grli ..,"" ... -lI ~.",.. ."'lQ FamI3OJ??19D [)ael'rel'l'lus,t".. "'. ~ ~. ,'" . ~ .., -- \ '~ -,' ,,~ Upon Borrower's breach of any covenant or agreement of Borrower In this Mortgage, Including the covenants to pay when due any sums secured by this Mortgage, Lender prior to acceleration shall give notice to Borrower alS provided by appllc8blalaw spaclfylng, among other things: (1) the breach; (I) the actlon required to cure such breach; (3) a date, not less than 30 days from the date the notice Is mailed to Borrower, by which such breach must be cured: and (4) that failure to cure such breach 'on or before Iha date speclfled In the notice may result In acceleration of the .ums secured by this Mortgage, foreclosure by Judicial proce.dlno, and sale of thePropetly. The notice shall further Inform Borrower ofthe right to reinstate after acceleration and the right to assert In the foreclosure proceeding the nonexistence of default or any other defense of Borrower to acceleratton and fOfllCl08Ufll. U the breach is not cured on 0'1' befcm- the date- ape-cme-d In the- notice-, Lenar, at Lende-fa option, may declare all of the sums secured by this Mortgage to be Immediately due and payable without further demand and may foreclose this Mortgage by Judicial proceeding. Lender shall be entitled to collect In such proceeding all expenses of foreclosure, Including. but not limited to, reasonable attorneys' fees, and costs of documentary evidence, abstracts and title reports. 18. Borrower's Right to Reinstate. Notwithstanding L.enders acceleraUon of the sums secured by this Mortgage due 10 Borrowers breach, Borrower shall have the rlght to have any proceedings begun by l.enderto enforce this Mortgage dlsconUnued at any time prlor to at least one hour before the commencement of bidding at a sherlfrs sale or other sale pursuent to this Mortgage If: (a) Borrower pays Lender all sums whIch would be then due under thIs Mortgage and the Nole had no accelerallon occurred; (b) Borrower cures all breaches of any other covenanls or agreemenls of Borrower contaIned In this Mortgage; (C) Borrower pays all reasonable expenses Incurred by Lender In enforcing the covenants and agreements of Borrower conlalnsd In thIs Mortgage, and In enforcing Lenders remedIes as provIded In paragrapn 17 hereof. Including, but not limited to, reasonable attorneys' fees; and (d) Borrower takes such adlon as Lender may reasonable require to assure that the lien of Ihls Mortgage, Lender's Interest In the Property and Borrowers obllgatlon to pay the sums secured by thIs Mortgage shall conllnue unimpaIred. Upon such payment and cure by this Mortgage shall conUnue unimpaired. Upon such payment and cure by Borrower, this Mortgage and the obllgallons secured hereby shall remaIn In full force and effect as If no accelerallon had occurred. 19. Assignment of Rents; Appointment of Receiver; Lender In Possession. As addlll~nal securlty hereunder, Borrower hereby assigns to Lenderthe rents oflhe Property, provided that Borrower shall, pnor to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collee! and retain such rents as they become due and payable. Upon acceleration under paragreph 11 hereof or abandonmenl of the Property, Lender, In person, by agent or by Judicially appointed receiver shall be enUlle to 'anter upon, take possession of and manage tha Proparty and to collect the rents of the Property IncludIng those pest due. All rents collected by Lender or the receiver shall be applied f1rS1 to payment of the costs of management of the Property and collectIon of rents, IncludIng, blJt nolllmlted to, receIvers fees, premiums on receiver's bonds and reasonable attorneys' fees, and then to the sums secured by this Mortgage. Lender and Ihe receiver shall be liable to account only for those rentsactuauyrecelved. 20. Release. Upon payment of all sums secured by this Mortgage, Lender shall dIscharge thIs Mortgage wllhout charge to Borrower. Borrower shall pay all costs of recordallon, If any. 21. Interest Rate After Judgment. Borrower agrees that the Interest rate payable afler a judgment Is entared on the Note or In an adlon of mortgage foreclosure shall be the Rate State In the Nole. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and Lender requeslthe holder of any mortgage, deed or trust or other encumbrance with 'a lien whIch has priorlly over this Mortgage to gIve Nollce to Lender, at Lenders address sel forth on page one of thIS Mortgage. of any default undar the superior encumbrance and of any sale 0 olhar foreclosure action. IN WITNESS WHEREOF, Borrower has executed this Mortgage. . RO~~tlr{)'&~ .Jt~ -IdL Witness: "I' I" ~" --. \ l",_!,~ , 'T' ", / . \roE;l ~ :<::.::~\j :. ;"r.:.j E:\ :,: ': :', :.; I: ~, '.l r [1:.:. !.l'~ , !'!.l:,! 1;! .\~g) :;clJr: r f.. j':. '98 np" H rrl 3 25 IS..~ AlloY. Tilli Una Fer ReconIIIl; DlIIaJ MORTGAGE LOAN xu. 15000580 " THIS MORTGAGE (-Security IDStIumeDt.") is given on AL'1'ON B. TBBTS AND CSR1S'1'IANNIll K. SNYDER APR~~ 3RD. 1998 Tbemortgagoris This Security IIIStnlmcJ1till given 10 which is organized and existing under the laws or aodwhosoaddresaJI 1.0UO MADf S'l'RDT, 8300, ("Borrower"). LL J'UNDJ:NO CORP. THB STAB 01' MARYLAHD KCLBAN, VA 22030 " (-Lender"). BonowerowesLcDdctthoprincipalsumot J'IJ'n THOUSAND aND RO/IOO- _ _ .. .. .. .. - ~ .. .. .. - .. ~.. .... .. .. -". .. .. .... ,. .. ..',- ;. ~ . .. --Dollao{U,S.$ 50.000.00 ). .. ThIs debt Is cvldoJicCcrtiy Borrower's noUl dated the same dale u'ihIa Security Instrumcm{-Noto"). wblch,prov1dcs for~~. monthly payments, with the full debt, ifnotpald culler, due IIItll payable on HAY 1ST, 2028 This Sceurity Insti'llment 8CCUlCS to Leudct: (a) tho rapaymeJ1t of the debt cyldcJlccd by the Nom, with Interest. and all renewals, cxtensionsand.modl1icalions oflhc NOloi'(b) tho payment orall OthctSllDlS, wlth1nlcrest.,adVlUlCCd WIdct pal'llpaph 7 10 protect tho security ot this Security Instrument; &lid (e) the pcrfonDIIICC of Borrower"..coveJWItB sud agrmacnts under this Security II1SU'WIlCDt and the Noto. Por this purpose, Borrower does hereby mortaage, gtaDt and ~nvey 10 Lender the foUowlng described Property located in CUMBBRLAND CoullIy, Pennsylvania: SEll: BXBIBI'1' GAG A1"1'ACRJm HlRi'1'O lND MlU)B A PAR'1' BIRiOI' which has tllC address of 95 XB:NS:tHG'1'ON DRIVE [Slrcctl (~Propcny Address"): CAMP HILL ICll11 Pennsylvania 17011 tZJIlCad~1 TOOBTHf!R WITH all tllC improvements now or hcn:aficr em:tcd 011 the Propcny, and all cascments, appuncnallccs, and fixtures now or hereal'tor a pan of the Property. All replacements and additions shan also be: covered by this Security Instrument. All of thc fo.regoing ~, fCremd 10 in this Security lnstnlmcut as the -Property.. fllNNSYLV ANIA-Smlt~ f!llnUr-FNM.vnltMC tJNlFORM INSTRl1M1lNT PACMIG . 11161"5 Pa&1 t oM , .BooKi4.44rAGd739 Farm 3113' '190 DocPnJll'lur,lnc. , , ..- ., '.~cl,~" '.,' 1- "'e" ., --'--.. \ _,c__ 1.. ,,~ . , 'I ~. "I'<'~'- :,.- l' >7).5-2-- -ffl-J.fqfr;/~ CHAMPION MORTGAGE CO" INC" 20 WATERVIEW BOULEVARD, PARSIPPANY, NEW JERSEY 07054 PROFESSIONALABSTR~'1281103 I Cusl# 1079319 I ASSURANCE COR 4500 STREET RD. TF\EIJOSE, f2EIIt!l8iBVANIA BALLOON PAYMENT MORTGAGE. FIRST LIEN THIS MORTGAGE Is made this 6th day of OCTOBER, 1999 between the Mortgagor, ROBERT MILLER, (herein "Borrower"), and the Mortgagee Champion Mortgage Co., Inc., a corporation organized and existing under the laws of New Jersey, whose address Is 20 Watervlew Boulevard, Parslppany, New Jersey 07054 (herein -Lender"). WHEREAS, Borrower Is Indebted to Lender In the principal sum of U.S.$91 ,800.00, which Indebtedness is evidenced by Borrower's Note dated OCTOBER 8,1999 and extensions and renewals thereof (herein -Note-), providing for monthly Installments of prinCipal, and Inlerest, with the balance of Ihe Indebtedness, If not sooner paid, due and payable on OCTOBER 12, 201~; TO SECURE to Lender the repayment of the Indebtedness evIdenced by the Note, with Interest thereon; the peyment of ail other sums, with the Interest thereon, advanced In accordance herewith to protect the security of Ihls Mortgage; and the performance of the covenants and agreements of Borrower herein contained, Borrowerdoes hereby mortgage, grant and convey to contaIned, Borrower does hereby mortgage, grant and convey to Lender the following described property located In the County of CUMBERLAND. Commonwealth of Pennsylvania; As More PartiCUlarly Described In Exhibit "A" Which Is Attached Hereto and Made a Part Hereof Tax Parcel # 13-25-0022-052 which has the address of 95 KENSINGTON DRIVE, l.OWER ALLEN TOWNSHIP, PENNSYLVANIA, (herein "Property Address'?; TOGETHER with aU the Improvements now or hereafter erected on the property, and all easemenls, rights, appurtenances and rents, all of which shall be t;leemed to be and remain a part of the property covered by this Mortgage; and all of the foregoing, together with said property (or the leasehold estate If this Mortgage Is on a leasehold) are hereinafter referred to as the -property.- , BORROWER COVENANTS that Borrower Is lawfully seised of Ihe estate hereby conveyed and has the right tti'. mortgage, grant and convey the Property, and that the Property Is unencumbered, except for encumbrances of recon:l. Borrower covenents that Borrower warrant; and will defend generally the title to the Property against aU claims and demands, subject to encumbrances of raeon:l. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest indebtedness evidenced by the Nole and late charges as provided In the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or a written waiver by Lender. Borrower shall pay to Lender on the day monlhly payments of principal and Interest are payable under the Note, until the Note Is paid In full, e sum (hereIn -FundS'") equal to one-twelfth of the yearly taxes and assessments (IncludIng condominIum and planned unit development assessments, if any) which may allaln priority over this Mortgage and ground rents on the Property. If any, plUS one-twelfth of yearly premium Installments for hazan:llnsurance, plus one-twelfth of yearly premium Installments for mortgage insurance, if any, all as reasonably estimated initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof. Borrower shall not be obligated to make such payments of Funds to Lender to the extent that Borrower makes such payments to the Holder of a prior mortgage or deed of trust if such holder Is an Instllullonal lender. If Borrower pays Funds to Lender, the Funds shall be held In an Inslltutlon the deposits or acCounts of which are Insured or guaranteed by a Federal or state agency (InCluding Lender If Lender Is such an Instltullon). Lender shail apply the Funds to pay-said taxes,' assessments, Insurance premiums and ground rents. l.ender may not charge for so holding and applyIng the Funds, analyzing said account or verifying and compiling said assessments and bllls, unless Lender pays Borrower inlerest on the Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree In writing at the lime of execullon of this Mortgage that Interest on Ihe Funds shall be paid to Borrower. and unless such agreement Is made or appllceble law reqUires such Interest to be flald, Lender shall not be raqulred to pay Borrower any Interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds showing credlls and debils to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for the sums secured by this Mortgage. If the amount of the Funds held by Lender, together wllh the future monthly installments of Funds payable prior to the due dates of taxes, assessments, Insurance premiums and ground rents, shall exceed the amount required 10 pay said taxes, assessments, insurance premiums and ground rents as they fall due, such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on monthly Installments of Funds. If the amount of the Funds held b,."Lender shall not be sufficient to pay taxes, assessments, Insurance premiums and ground renls as they BMV1575Pm ..715 " --'--~- \ '"~T . '. --,,,----- . . ...11......'" RlCO.ou's USE ONlY '* ~- '" ./, REALTY TRANSFER TAX . "^ CC/,\/oMOtlWIAUIlOfHNNSfl.VANlA STATEMENT OF VALUE . Dt,AI1MINrO,RIY!1\lIJ1 "8"- :":)Q~ 'UUAU0' IMDlVIDUAl,T.u:U O'In,2to601 Se. Rever.. for In.truetlon. . ro, ,qq 1!"'UI!W.O.M11l2~ Compl". .och I.dlon Il/'ld Ill. In d~pllcal. wllh Record., of D"d. wh.n 1111h. hll yoluelcanlldlrollon II noll.1 k1r1h In Ih. dnd.121 when Ih. died h wilhoul cOlllld.rotio", or by Slh. or 3) 0 lOll; ....mpllon II dollnld. A Sloll....nl of Volulll nol r.qulr.d illhe Iron.!.r II wholly ....mpll,om lOll baled onl I foml ",Iotlonth! or 2 ~bllculllll ,0""'lnl.lfmorll lIulln"ct.d 0Ilochoa4l1l0nllllh"'I. A CORRESPONDENT - AUlnaulrles may be directed to the followlna oerlon: Na.... " "f "., "";,, ,', Tlfep/larlINumllo.. RollEl!r m/I (/Sf!.. 410 I 5M?-~'lg,O 5',.lrAddro.. CIl~ Ip I Ti ~ B rRANSFE rallla.!.POQ.. 5"..1 illlJ .'It" I autlly .. -OJ S-Od.;J. D . Aclull la~OJI .ti 4.oon<yAf<< t '/- E EXEMPfrON DArA 10_AnuJIJ."othlm(Sl:;lalmld . I. .1.0100 + """"",,' "lm-DtOt>r x 71 lib. PI""IIlO~ ~~.'1:on"'rld 2. Chuk App.op.lol. BOlC B.lowlorE...mpllonClol....d OWillorinl..tor..II<<11110n I(""'.'..N......,) IN.....1D.,..... o Tronlr,.10 Inaullrlo(OevlfopmlntAg'ncy. o Trond.. 10 0 ,,,,.1. [AlIoch COmpl.tl copy 011.1111 ogreemlnlldlnllFylllg "II blllllld"ri.I.] o T..ln.fu b.lw..n ptlllc1pal <tlld og'"I. (Attoch compllte copy of "glnq/llrow pori)' ogreemenl.l o Tr""11"110 thl Commollw,"lth. thl UlIlt.d 51,,111 olld Inltrum.ntofltfll Dy gift, aldicollolI, cond.mllolloo 0' [II n.u of cOlld.mnOllon, llf CClI\cl.mllollcoo or In 111u olcolldlmnollon, ollo(hcopy 01 r.."ll1lloll.! o Tron.l., I.om lIIo"90gor 10 0 holder of 0 mo"gogl fll dllollll. lIIol1gogo Book Numb.r . Poge Numb.. o Corr.t11H Or conli""Olo,)' d..d. (AIt"ch compllle copy olthl prior dud bllng corrod,d "t <<lnlfrmed.] o StoMo.yco.porotecolI.olh:lotloll,m.rgerordivllloll.(AlIochcopyofortfdll.] o Olh~t(PI.o.....plolll,".mpl1ollctolm.d.lloth.rlhooli.tldoboYI.J ;; ,,'" "ToNES" /q'l'1 PROPERLY OR ATTACH APPLICABLE OOCUMENTATION MAY RESULT IN THE RECORDEIft'5 REFUSAL . ",,- '. -----.~-"" \ . ,'"",,;",r",.' ."~,,,~,, ~"" b ,,", do hereby certify that the precise residence and complete post office address of the within named grantee is ,fo. 1VI,-./?7( k~ ,..II/ Ci/~Uf>JP I'h ~ .--/-?'" ITor-Attorney f~ ~ COMMONWEALTH OF PENNSYLVANIA (\ oJ ",'pC") ~ ss, County of ~ day of ~ntL RECORDED on this A. 0.19$-. in the v~ Recorder's office of the said county. in Deed Book . Psge ;)9 'l Given under my hand and the seal of the said office, the date above written. #~ I' J<</-' ~o) . Recorder. REGISTERED BY TlIE P.'~OUGH Of \:r.v ClJMB~O , . I~ ';~... ":;:~-:::~:.:. " ~~,~~~~:,~~',r' ~.'.~~>,.. .:'~':: ~~,'. .....~.~:;::I . .~.":?~,:~' $o:cr8~ary :i.--r.~,\i;;(i~..l..,,; H~K~~li1i!iml!ll!ll!l "' ". Ii = !'T .,- -li'!i~" ~ - [ @_:::~ ~liflil~! ~ ~ 1 ig$""" ~~- ~ ~ !;'~ ! ~i!l ;;l ~ ~ "'~ I a; ~;; . ;:t.~ @ l" ~~ ROO' Z01 r:", 295 :i Ei a';' ,,~~ .. -- ~ ~ ~ - g ". WHit;\__,,~~li - ~8gi:;:gggggg~k ~ ~' ,. , ---.-.. \ ^ '1_','_._ '''''1_ :z.1'}t7y~ QUlTCLhlM DEED THIS QUITCLAIM DEED. Executed this 8 day of June. 1999 by lirst party, Christiulllle Snyder. whose post office address is Camp Hill. Penllsylvania, to second party, Robert Miller, whose post office address is Baltimore, Maryland. WITNESSETH, That the said first party, for good consideration and lbr the sum 01' $1.00 and the otller consideration paid by tbe said second party, the receipl whercoCis hereby acknowledged, does hereby remise, release and quitclaim unlo the said second party lbrcver, all the right,tille, interest and claim which the said first party has in and to the fOllowing descrIbed parcel ofla.nd. and improvements and appurtenances IhereJo ill the County or Cumberland, Slate of Pellllsylvania to wit 95 Kensington Drive, Country &. Town Homes. Lot 6 I3LK P PD 7PG 41 Lower Allen Township, (Camp Hill) Pennsylvania 170 II, One and a half story. 5 Bedroom. 3 Balh, Frame, Single dwelling. witb kitchen. Dining room, Living room, enclosed carport, shop area, Utility room on approximately 65' x 160' property area with a fire hydrant on corner oftfle property and containing approximalely 10,400 square feet of laJ1d. more of less. IN WITNESS WHEREOF, The said first party has signed and sealed these presents the day and year liest above written. S'glled. sealed and deHvered '" pres'ne~ ' Witness First Party /":../ f/? J.,.i-!f.,J14 ~ Witness Second Party , Commonwealth of Pennsylvania ) County of Cumberland f-{",sc,;- On this, the eighth day of June, 1999, the undersigned officer, personally appesred known to me (or satis!!Etorily proven) to be subscribed to the within instrument (I) and acknowledged she executed same (2) before me, D........'ll :;. Chri8t1anne Snyder the person whose name 1s ., for the purpose therein contained. WITNESS my hand and "a.. ~. ~ ( seal. "r . /I t~)y:~. '.'{ei..t~'.~~. L-J -._e-t' rJ, 1.L ~'" ;",~-(<,:D..,'{' " f, .<t ,,*<<".,,j);)i".' ~Ol;ary rUD-uct/U--f-j l' ......~-i.'..~:!~l'.,:.''''\'' "'."'. 2011:,l[~ NOTARiAl SEAL RECORD[QOFDEEDS WUnE, ctJ/dB[RLANaCOUNrtCtn1RfHDUSE MYCOMMISSIOHEXPIRESJANUARYJ.2002 ,-, DEC-28-2000 03:30 PM GRE ...."'-...~.'-..~_'.'"""-...___.......:...._.'_.. :.,'1:,,': ",......:~.A..TE:R.. WASH,INGTO~.. LEGAJ . :!01 478 5942 P..03 To_R~ -M~ ".").I't ~/.;-#~',.. J}~-M. (}'''J../,:;.,.Of IV '....... ~~ 9-r N(J>.,q"1~PfJ ~ ~ lf~ I" ,~~~,IY ..~' M~.~ II 'fJ C)# 1,.1-t ~~ "fQ*' }.. '6 (J~ 6'.(fJ (> /I '')., , " t- O" ,. 1"nCQ . rnRM ::141'0 LITHO IN U,5,/I, . "":,, "'1 ~,_ 0,'- , ""lJ,~ ' E~I '" .-.. ) DEC-2S-2000 03:29 PM ~. 1. , " ,.:, Lm." ::::. ";'7 ;~:~;,,", 2,30+ fl,>ur .ant .tubas ~ I 3.Lawn mcpwe:, "''''4~- 4. Seaman i .: chest ,. . ...' ~ 6.Kitche1l- t ,b18, .,r ~ 6.2 Chevt 3' 7: engine~ .... 7 tubO h)i(lj." atio Transmiss.Qrt- ./" r ,. I! I' 84 air. t,st' r for pipel1l . '<a. II 'II ..'" 9. Brake! pa ,ts for carl1t ,4 r 1" 1 O. 3 Gmtst r'ter s " ~ 1. Altn toe ford GM",/, "'." . 12. linal{ manifOld 4"']1=':''' 13 ., rod; he . t,:,r oarbuetor' 3.r D -0" 14. 2 G1Psi,bl.KeS 1ft. ,,/I 15.200 hflc . ....!;' ," 16.Antl.<;Jlle .ar tools tli{'" ...". 17.2 ..actio 'soaffolding 18 wheel.[ bar.ow '('1 !".(J'/IIJ 19. Weed,wa ket' -. "'1"1 v 20.Antiq~e : ar parts.. , r- 11/-00 21. Ki1n[ ,. , CQ'" 22.2 Ilou\lle : hung windows, I~ ;'1,(1/ ()9J. 23 wooden b ,rre1e 3 . .' " r'p. 24 .Roofi~9 upPl1es' f....,.fllI 25. 2pumps I -,..: ~>.JIII-" 26.Ford t 6,and transmission h ',. 27 1 uprigh' freezer "~I ~ ~~ ~ 'Z8.3kit$he: :Chain ...' " 29.1 waB~eti,l dryer t'1~/I 30. 3 3/~ h ree motens Z/'Iu~ 31. paintin Supplies roller ,brusheseto .I!r ~ 32 Wood lI\ol,ings I'!,.r',t:$-- 33.. Oak! ha d wood floodng r'1v.fl.J'- 34. 5 1:>a\;sement ... t" ~ 3~. cerei'mi Tile 15 boxes "'''7 ~ 36.Drywat1 ,ools I ~ 37" Mechfni S tool chest! and tools / t ;::,p 38.1 61n. F wer saw ". +r:"~ 39. 3 RO~tes aM biJ;:t ij.,l('~ 40.2Sid;ginderS ',,1': Jroll't-I :~: ~ \:~\l.;t \i~~ ~~~::~c tile '.~} t~~ 43.2 wori b noMs ".' "'7t"1P' 44. 2 vi, e 1 ,.(,. " ,.gJI- 45.'1 , e ec~..l.'iCdrill , ..('~ 46. 1 3/8 ..teatria drill . rt'~ 47. L eet 0 . wood bits J U ~ 48. l....t' of! ..t..,n bits AI ill ~ . . ~ 49.1 precis on level .,.,1 ",p 50.1 protra'tor 7 t>1f. ; GREATER.WASHINGTON.LEGAJ ,301 478 5942 . P.01 '., ~'i. . , .~, ,. l.,' ....,.--- f I "---- .' -- .r i'----.---~--__.,_..__...__...._ -.,.......,_....--.~. .._-..,-,,'~ ,~.".. -.---.....,.......--...".,,' " , 'J.~' . J ..~ ':,' .~ ;,. i: ',li1 f , I , ~, II il l. ~.....d ~ 114t...1"J,,~ )' "'. I, ~' . I II. , ';; .- ~ .. '"- ",> , ''''-,^"' 'I'_t~"- or- 1 .. ~, I F' .. , DEC-28-Z000 03~29 PM GREATER.WASHIHGTON.LEGAJ ~01 478 5942 . " . '. . ,.. '~. i 51.1 miltre:' box 7. (' ..~ 52. 2 lIiicr: meters .,,~.. 53.2 trloub!!l' lights >>,1J; 54. 1 hiild, gun 25 cu ?Y'r.: 55. ShOiPsmth ,,-.ft. # P; 56, A~r co" pressor ..' " €" P 57. Al.r' ho. e .... r.,"'" 58. 2pa!int~ sprayers ','). l!t>o 59. 2 a~t' egulators l' J&JI- 60. 2de!, a',r sanders, I "", ~.. 61. 2 a~rrindsrs, ' /:i..... 62. 2 a~ratchets' ...(~ 63. Cabi",et ,~hardware ,,~ 64.1 fO,ge' , t '} Q ... 65. lea e liane 't,......~" 66. one: ga:, 'mask j'f J,J... . ~ 67. Doll i mo 'ds I( 7'4" g.!:.- 68. Craftl.lppliss . ,....1 ('~ ,.."...'..tI~ 69. chettreezer~~ ~5!:, . 70.1 fo di 'g cot ../,I-u 72. vide<i' c '/Den and caSE! and stand '''''ft;p-llJ'# 73.Miec:i h'rdware nails, screws, etc. 1'S;.J',w.- 74. 2 s~epil<l-ddere ~.. ItJ:- 75.2 2' i at ladders /" (:! If) .. 76, p1um1Hn ' tools and eupplies. ...:: /,7 1 :;--- 77. Old 1S1 Il l(,,-t/"'P' . 78' Ht~lel ed Wil\lgon y~ f' t- 79 Call\p~ng: quiptment 'i "'" Ir 80. Bodi Tq 18 ~~, 81. Mh9' ~'all car parts l't"r 82. 2~ h!j ka, lor engine 't t. .Jt!'-" 831 box ,ca~ roter'" tOOls 7~ r 84. han~ sa s t1( re,.r 85. ,~'I:fO~ ,~,,~ 14 0+ :l1i p.e 4'((' ~ t7i,~.I:'H~~ ~,1?JN 'ie-P--' ,.~1:~ ljl'P'-' $.~~ r_N1.fO ~~ 'I tJ ,I fJ ~lr4U~ ,.u- .004- ~, , ''31 (!II It!I-- It 'bq,.~ ~~ ,,,g.~ !' II' '-lit 2.- ~6'V j 166 ;"~ j":" '2--1) 3 0 Z- ..z-J2-- i 'I: I' 'I' , , '''__'~ ,",,,^ .$---'" _,_<" ,'" "'~L ,- H '"". "I . . P..02 , ./li .i: ):1 ! f J 'I I, ,. I, " ,'):;' I ~" ;:, "WI rtl.1", " t " ii , CHRISTIANNE SNYDER-TEETS and ALTON E. TEETS, Plaintiffs . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No.OI-ll.o').. OBERT MILLER Defendant CIVIL ACTION - EQUITY ORDER OF COURT AND NOW, this day of 2001, upon onsideration of the within PETITION FOR PRELIMINARY INJUNCTION D EQUITABLE RELIEF, it is hereby ordered that Defendant is njoined from the real estate, fixtures, or dwelling located at 95 Lower Allen Township, Camp Hill, Cumberland ounty, Pennsylvania 17011, pending further order of this Court. BY THE COURT: J. - i . HRISTIANNE SNYDER-TEETS and ALTON E. TEETS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. , Ol-II.J:L c...lV;1 OBERT MILLER Defendant CIVIL ACTION - EQUITY AND NOW, this ORDER OF COURT /p.,~ day of ~ /J1../~ PETITION FOR PRELIMINARY 2000, upon of the wi thin INJUNCTION EQUITABLE RELIEF, it is hereby ordered that a hearing on the is scheduled to take place on the , 200 ( , at <~; 30 I? m. in Courtroom No. - I umberland County Courthouse in Carlisle, pennsylvania. I~ day of -i-- of the ~~ emporary i junction is Pendin the hearing sche r graph, a itle ocated Allen Township, Camp Hill, umberla , pennsylvania BY THE COURT: J. C"i;-P \ cf\ ,0 . \,IV,), o ~lf ",-'~" ~_o"',." . < ~~-~ ~.^""'." ~.' -,_" ,"_ ' , -~'" ',".",.,,,",'; ,-. ';,' ",..,.'- <""",', '",' ,:",;.--.' V1NV/Y1\SN[\13d 'J"r N" ,-" -"' --. "~:J ^ iV' I' 'j r"".' '\.' ""'HI'I . J d ,\./, __:t", ,. . !,:'.::I ~i I. .'U '8 I':') ;, " ;';>1 Q j;~i I D }.l~\;'J. i ""'"""'~ !M:r, _,.1, ,.,< -/.','1"",",,,,,,.,""",,, l',';,x'c' ,'~" 'w:~~-~ ';:~~;:'i"'''''''''''"~''~h .<. ,,,-"<,' """.~,,, ';~"i":'J"; ~1l"fif!"Uj"'$r.,"~j'AA'-:\!F:)"!'\!R"j"'-1!)~~:~~~~.;:Il'*,I";I;l~'~!ilW'Wft$!\!i!liJ..~~~ 11 HRISTIANNE SNYDER-TEETS and ALTON E. TEETS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. () 1- / {,,2 &;J -r..t.vYY>- OBERT MILLER Defendant CIVIL ACTION - EQUITY PETITION FOR PRELIMINARY INJUNCTION AND EOUITABLE RELIEF 1. petitioners are Christianne Snyder-Teets and Alton E. eets of Post Office Box 137, Spring Gap, Maryland 21560. 2. Respondent is Robert Miller of MCIS, P.O. Box 549, essup, Maryland 20794. His identification number is 254603. 3. A Complaint has been filed simultaneously to the above- eferenced docket, the contents of which are incorporated herein y reference. The Complaint demands the imposition of a onstructive trust upon the Defendant. 4. Plaintiff will suffer irreparable harm and injury for hich there is no adequate remedy at law if the Defendant ransfers, encumbers, or otherwise alienates any interest in the bove-referenced real estate 5. Issuance of an injunction would preserve the status quo f the parties. 6. Denial of injunctive relief would lead to immediate and 'rreparable harm in the form of damage to and loss of assets of he Plaintiff for which an accurate accounting has not been made. ,. L II 7. The Defendant has failed to pay the amount of $641.60 o the municipality of Lower Allen Township for which reason a ien has been entered against the property docketed at 2000-1514. 8. The Defendant has failed the taxes to the county in the mount of $1,139.20 for which reason a lien has been entered gainst the real estate docketed at 2000-5513. 9. Despite the advance of funds totaling over $50,000.00, he Defendant has refused to pay the taxes and other expenses 'nstance with maintaining the real estate. 10. The Defendant occupied a position as attorney, advisor r counselor to the Plaintiff such as to inspire confidence that he Defendant would act in good faith for the Plaintiff's 'nterest. 11. The plaintiff had never before in her life executed any egal document without the advice of an immediate family member or f trusted counsel. 12. At all times prior to and at the time of execution of he above-reference Deeds (see attached Exhibit A), a confidential ttorney-client relationship existed between Mrs. Snyder-Teets and he Defendant, and Mrs. Snyder-Teets reposed great trust and onfidence in the Defendant and relied heavily on the Defendant's dvice in her business and other affairs, At all such times, Mrs. nyder-1'eets believed that the Defendant would deal fairly and 'ustly with her, and that the Defendant would never abuse their confidential relationship. 13. Mrs. Snyder-Teets did not deliver possession of the real estate to the Defendant however, but remains, in physical ossession of the property including such as to store various items of personal property at the contested location. 14. The consideration mentioned in the deed was not the true consideration for the conveyance of the property to the efendant, and in fact was never paid by the Defendant to Mrs. Snyder-Teets. 15. It is conceded that the Defendant refinanced a mortgage lien against the property having had a balance at the time of transfer of approximately $50,000.00; however, the property had an ppraised value of $140,000.00 as of the date the property was to be repaired. (see attached Exhibit B) . 16. The true consideration for the execution of the deed an agreement that the Defendant would pay to Mrs. Snyder-Teets amount of the appraisal value as of the date of transfer, expected to between $102,000.00 to $108,000.00 dollars. 17. The parties expected that the actual value of the roperty would be between $125,000.00 to $230,000.00 once the had been fixed up. The Defendant was to have paid to Snyder-Teets the amount as the property as appraised at the ime of the transfer less the amount of the outstanding liens gainst the property. fi""1I'!'!f,Y ",_ _,1IIl ........ II " I 18. Mrs. Snyder-Teets spoke with the Defendant again during the summer of 2000. The Defendant indicated that he would pay her the balance that was owed within ninety to one hundred and twenty days and asked her to "sit tight". 19. Said property is, and at the time of the execution of said deed was, reasonably worth $105,000.00. The real estate itself, however, is unique; and Mrs. Snyder-Teets therefore has no adequate, comprehensive, alternative remedy at law, 20. At the time Mrs. Snyder-Teets executed the deed in favor of the Defendant, the Defendant had no intention to comply ith the agreement with Mrs. Snyder-Teets to improve the property her the difference between its current value and the utstanding mortgage. The Defendant fraudulently induced Mrs. Snyder-Teets to believe that they would comply with their greement and keep only the improvement value of the property from he $105,000,00 value as of the time of the transfer through the $125,000.00 to $140,000.00 improved value of the real estate. 21. By reason of the Defendants' fraudulent inducement to rs. Snyder-Teets that he would comply with her request to improve he property and repay her the existing equity therein, and by eason of the Defendants' refusal to comply with said request, the efendant has violated the trust and confidence placed in him as n attorney by Mrs. Snyder-Teets. The Defendant acquired said eed and property of Mrs. Snyder-Teets solely by means of fraud 11 , I ,I t and breach of confidence. 22. The Quitclaim Deed and the Warranty Deed were drafted the attorney, Robert Miller. WHEREFORE, petitioner requests your Honorable Court to issue, to Pa. R. Civ. P. Rule 1531, enjoining the Defendant from the sale or transfer of any right, title or interest in the real state, fixtures, or dwelling located at 95 Kensington Drive, ower Allen Township, Camp Hill, Cumberland County, Pennsylvania 17011. In the alternative, Petitioner request that a temporary injunction be granted pending a hearing on the matter. COUNT II 23. The proceeding paragraphs (1) one through (22) twenty- wo are incorporated herein by reference. 24. The Plaintiff, Alton E. Teets is the spouse of hristianne Snyder-Teets. 25, At the time of the transfer of the deed the parties here married, and as such are entitled to the presumption at law f ownership of the property as tenants by the entireties. 26. The Plaintiff, Al ton E, Teets was unaware that Mrs. nyder-Teets was considering transferring, or had transferred, itle to the marital residence at 95 Kensington Drive, Lower Allen ownship, Camp Hill, Cumberland County, Pennsylvania 17011. 27. Mr. Teets had substantial items of personal property ocated at the marital residence, with such items having a :--", 11 eplacement value of $27,272.00. (see attached Exhibit C) . 28. Despite making demand for the same, Defendant has failed or refused to return the items of property located at 95 ensington Drive, Lower Allen Township, Camp Hill, Cumberland ounty, Pennsylvania 17011. WHEREFORE, the Plaintiff, Alton E. Teets requests that the issue an injunction prohibiting the sale, encumbrance, or ther alienation of the personal property set forth in Exhibit C erein or in the alternative issue a temporary injunction pending hearing on the same. , , submitted, ate: ~t; 10 ( Matthe shelman, Esquire Law Of ices of Patrick F. Lauer, Jr. 2108 Ma ket Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 I" < --- caRISTIANNE SNYDER-TEETS and ALTON E. TEETS, Plaintiffs : IN TaE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . vs : NO. . . ROBERT MILLER Defendant . . CIVIL ACTION - EQUITY . . VERIFICATION We, Christianne Snyder-Teets and Alton E. Teets, state that we are the Petitioners in the above-captioned case and that the facts set forth in the foregoing document are true and correct to the best of our knowledge, information and belief. We realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S. 4904. (/Iff- T'1t ~ Date:~KluJ .f,{.,;;COO tj Ii :1 !' fi I! F i~ '.-- \ ~ 2/'}dYj!:" QUITCLAIM DEED THIS QUITCLAIM DEED, Execuled Ihis 8 day of IUIle. 1999 by Orsl party, CltriSliSIIlUt Snyder, W'JOSe posl office address is Camp Hill. Penllsylvania. to second party, Robert Miller, whose post office address is Baltimore. Maryland. WITNESSETII. Tllat tlte said first party, for good consideration and Ibr tlte sum of $1.00 and the other consideration paid by tile said second party, the receipt whercofis hereby acknowled,y:ed. does hereby remise,. release and quitclaim unto tbe said second party forever, aU the right. title, interest and claim which the said first party has in and to the following described parcel of land, and improvements and appurtenances thereto in (be CuulIty orCulIIberland, Slace of l)cttnsyZvallia to wit 9S Kensington Drive, Country &. Town Homes, Lot 6 BLK P PD 7PO 41 Lower Allen Township. (Camp Hill) Pennsylvania 17011, One and a half story, S Bedroom, 3 Bath, Frame, Single dwelling, with kitchen, Dining room, Livill8 room, enclosed carport, shop area. Utility room on approximately 6S' x 160' property area with a fire hydrant on corner of the property and containing approximately 10,400 squllre feet of land. more of less. IN WITNESS WHEREOF, The said first party has signed and sealed these preaents 1M day and year tirst above wril1tJl. '. Signed, sealed and delivered in presence oC: j /J .. ~ ~/ / ~;~L/AA/O_~. Witness - First Party /... fiU,t-/flJlJ,'l Witness Second Party CD!IUlIonwealth Df Pe.nnsylvsnfs County of Cumberland On tb.ts, the eia:brh day of June# 1999# before me. D.....,.ll 5. the undersi&ned officer, personally appeared Christiaone Snyder knOIolJ) to me (or satis!!.ctorily ~ven) to be the person whose nallle is subscribed to ths within instrument (I) 14"'$(,, and aCknowledged she executed same (2) for the purpose therein contained. IJIT.NESS my hand and ~U"t._1 seal. ... ..\ :r:# ~..;i;.. ~.:#... L.L J .j. "..",.,~,.,iI':~"."""... . /J ~ " .~.!"". ;r.':l.~f.Y'"' At_ V, 1 ~" ."'"..,"~;.,,.".. ~:..s_~ '.l.;:-:....;...;...~ hQ~at'l rugJ..1.cVLr/,_, l' ......u."t. ......::.#t..:.I..."\.. "" " 201 I:"E l$ NOIARIALSEAl RECORDt:ROIDUDS CAR~lIlUJllIWI'COUII!'I<MIHDIJSI MY COMMISSION UPIRlS JANUARY I, 2002 , '-, --.- \ . f~,~'f' ,,~ \. /<ft)(,o..IIJJT ljo:-./<.. "W'""'_,_ ... J'ee I'-" u c {j /<. fJJ'( ~7 ;I'f , (2- 1!'Ov. \~l~ THIS MOF;TGAGE SATiSFIED ,'; :',',',: ,: ,;', ':;;':,:~, BY SATISFACTION.PIECE """''',, ::'", '"";,;:i:;:,,DATED /VdV tI" 1'7'] ~ '96 or.. H rrl 3 25 RECORDED IN MISCL BX~Jf' PAGE .1..s:J F-e4- IJ' .:2,,-; Is,- AJwIIl na. IJM Fer a-nun, c...., MORTGAGE LOAN %0' 15000580 THIS MORTOAGB(.Sccurlty lasuumeat") ilalVCDOD APR%L 3RD. u" ALtoN s. ftftS AND CBR%81'WDm JI. SNYDER . 1bcmor1PIOris (-Borrowerj. Thll SecurIty Instnuneot II slven to LL FUNDING! CORP. which is oqaaIrcd and WadDS uDder Chc !aWl or '1"BB B'1'AD or )WtYLAND and whole add,. I. lOUD HUH SnDT, '300, HCr.DN, VA 22030 (-Lender"). Borrower owes Lender lho ptlllClpal sum of run 'l'HOVSAND AND NO/lOO- .. .. .. .. .. .. .. .. .. - .. .. .. .. .. .. .. ,_ ....'_ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... Dollan (U.S. $ 50,000.00 ). Thlll debt II evideDCCd by Borrower', noto daled the same cillo U lhl, Sccarlty IDIIltllmeat ("Nolo', whlcb provides for monChlypaymcatll, wllb tho full debe, HDlIt paid earlier. duo aad payable on IU.Y 18'1'. 202' This Securlty lDIlntmcm SCCUrel to Leader: (I) the rcpaylDC8l of clio cIebC oYIdeaced by the Note, w1lh lafelelt, and all renewal.. ateaslollS IDlI modiftcadollS of the Nole: (b) the pI)'IIICDI of all other SlIIDIo with bdeIat. advaaccd UDder plrlltlpb 7 CO protect tho JOCWity or this Security IDStr'UmOnf: lad (c) the per(ormlDCe or Borrowa'. COYnIIIdIIad qreemws WIlIer this Security IlISCIumcnc lad Ihe NOIe. Por Ihis putpOlO, Borrower does hmby mDrtJllO. amu and convey 10 Leader chc CoUowloa delcribed Property Iocttcd. in CUHHRLNID County. Pcnasylvaoll: SO IXB%B%'!" .A. AT'l"ACRBD BlRKTO AND HAD. A PAR'!" BlDOI' wbicll blS tho Iddrus or n UNUNGTON DRlVIl ,...., (~Pf'OpcnyAddress'"); CAMP BILL ICIlyI Penmylvml 17011 IZ"Codcl TooarHI!R WITH III die imptOvements IIOW or hetclfter erecled on Ihe PlOperty. and all eucmcJlb. appurtenances. and Ih:nu'Ol IlOW or hereafter I part or che Property. All replac:~ats Ind addltiollS shall.lso be coW!red by this Security Instnuncnl. All or the foreloinl ~I rcrmcd to ill thilSccurilY IIII1nImcllCu tho ~Pf'Openy.. , t"IINNSYLVAI'iIA...5Il1,lc PI,nilywF'Ntof.vFlIIJofC UNIFORM INSTRllMBNr I'ACM1G . 1I1S1911 .....I.U ,.",,'0>>9190 Doe......,f'hD.lllc. ."of ... ~.~.. ""lQ . "I ~ , \ "~i":_ , --j...,' "','" . ~' - .'<,' "~Ol?,,-'" (''''t \~l~ :. ~.:.::~:; :. :" '!' {.f E:~ :.: .~: ...; I: ;, 'J r (11. t ~I '; , : !.':'! 1\! :.~/:) ::I,:U/; r f ~ j','. '98 nr" H rrl 3 2S 1st- Abmo11lli.....,... a.-IaI: DW-I MORTGAGE LOAR tD' 15000580 . ' " THIS MOllTGAGB C.Sccurlly lustrumelll.") babaOD APRIl. 3JD. un ALTOR B. 'l'KftS AND CBUI'1'%AHD K. SlMJIUt . TbcDlOltJliorll rBonowa'"). Thls Sccurlty lDswaIcaIlI liveD 10 which 11 oqanlr,cd IDd WttIIIJ under IIlc Jawa or IDd whoso addreu II !.Gff.O JUUN S'1'RD1', '300, LL ruHD::EHG COD. 'lBI' BDD OJ' MlRYLARD KCLBNf, 'Q, 22030 ("Loodor"). Borrower owa LelIder tho prlncipIllWD of r:rm '1'BOUUHD >>m BO/IOD- .. .. .. .. .. .. -..................... -,............. ....-,-...... ..DoUua(U.S.$ 10,000.00 ). . -Tb1s debt.. evIdeticilif6y Borrower's JIO~ dated Iboume dice.. thlI Sccurit,)' IDsUumeat("NolO'. whIc:b JUQY1dcI for_ ."'_ .,...._ DIlllllhlypaymcms. with Ibo I\d1 dcbl,lfllOtpald cadlcr. dUG IDd pI1RblOOD IO.Y 1ST. 2028 'l'hilSecwiC)' IoscrumeutSCCUlalIo LcacIcr. (I) tho lCJlI)'QIeat oflhD deblovIdcDcc4 by Ibe HOIO, wlth,lDtaat. _ aU teDeWIlI. cxceusIDJ:\S IDlI vv-'lfI...,I"-oflbo Nole; '(b) !he pa)'JZIeIIt or aU olber SWIa, wllhbuaat,.IdYlDlXd wtdor pIfIp'IJlII11o protecC dIo 1CCUriC)' of cblI Secudty IDstrumcDIlllld (c) tho pcdomlaoce of Bomwcr". COVCDIIISIIDd apeeIlIIWI1IDlIcr cbII SocuriIy InslrumcDt UIlIIbo Note. Pot this purpose, Bonower doeI bmby DlOrIpp. Jrud lad colWe)' 10 Leader dto roUow:Iq dcscdblld Property IalCllla CUJIBDLNU) . ColuIIf. PCDIU)'tVlJda: In IXBI8I1' -All Arl'ACID&D DRftO AHD MAD. A PA1l'1' BIJIZO, wbicbbulheaddrcslof t5 IOl:NSINC'fON DRIV'B 100-' (-PtopertyAddress"); CAMP aIr.r. '0,1 PenusylVlllla 17011 IZIpCocleI Too!nU!R. WITH all die inlpronmenll DOW or bcra.net erected on the Property. aud all eascDlCJ1l1. .ppwtcl\lllCC$. Illd lixlUrea DO..... or hcraftcr I pin: or tho Property. All Rplucmellb ml addldoat shaU 1110 be r:cwemI b)' tills Security IRSUWneIlt. All or die rore,oio, ~ Rrerred. to io fhls Security Instrumeut as the -Property.- I'8NNSYLVAMA..sIna'- '1IBllJ-#NMAIPIILMC tlNtfOllM INnRlJMllNT PAaotIO . 11I61"' I'qll .u . ,aool1444'IGt.739 "'na3Qt tIM DMPhpl'l-.l1I&. , , I ., " '- ',''''''1 S, !~_ j" , ,...... . , ,. ,7)5"2- -fit ifqft;/~ CHAMPION MORTGAGE CO,. INC" 20 WATERVIEW BOULEVARD, PARSIPPANY, NEW JERSEY 07054 PROFESSIONALABSTRR~I#'1281103 I Cust# 1079319 I ASSURANCE CO 4600 STREET RD. IrI::VOSE. fIlCN!lBSBVANIA BALLOON PAYMENT MORTGAGE. FIRST LIEN THIS MORTGAGE Is made this 6th day of OCTOBER, 1999 between the Mortgagor, ROBERT MilLER. (herein -BorfOWer"). ana tn. Mortgagee Champion MOrlOlgt Co., Inc., a corporation organized and existing under the taws of New JetSey, whose address is 20 Watervlew Boulevard, Parslppany. New Jersey 010&4 (herein -Lender"). WHEREAS, Borrowe, Is Indebted 10 Lender In the principal sum of U.S.$91.800.00. which Indebtedness is evidenced by Borrower's Note daled OCTOBER 6. 1998 and extensions and renewalS Ihereof (herein ~ote'. providing for monthly Installments of prlnclpal and Interest. with the balance 01 Ih8 Indebtedness, if not sooner palc:l. due and payable on OCTOBER 12. 201~: TO SECURE to Lenderlhe repayment of the Indebtedness evklencecl by the Note, with Interest thereon; the payment of all other sums, wllh Ihe Interest thereon, advanced In eccordance herewith to ptOIecllhe seCUrity of thIS Mortgage: and the performance of the covenants and agreements of Borrower herein contained, Borrower does hereby mortgage, grant and convey to contained, Borrower does hereby mortgage, grant and convey to Lenderthe followlng described property localed In the Counly of CUMBERLANO, Commonwealth of Pennsylvania: As More Particularly Described In Exhibit "A" Which Is Attached Hereto and Made a Part Hereof Tax Parcel # 13-25-0022-052 which has Ihe address of 95 KENSINGTON DRIVE, LOWER ALLEN TOWNSHIP, PENNSYLVANIA, {herein .Property Addressj; TOGETHER with all the Improvements now or hereafter erected on the property, and all easements. righlS, appurtenances and rents, all ofwhlch shall be r;leemed to be and remain a part of the property covered bythJs Mortgage; and all of the foregoing, togetherwllh said property (or the leaseholCl estate If this Mortgage Is on a leasehold) are hereinafter referred to as the .pioperty.. I BORROWER COVENANTS that Borrower Is lawfUlly sels8cl of Ihe eslate hereby conveyed and has thl right (0'. mortgage, glint and convey Ihe Property, and lhal the Property Is unencumbered, except for encumbrances of record. Borrower covenants that Sorrowerwarrants and will defend generally Ihe title to the Property agalnsl all claims end demands, subject to encumbrances of record. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: ...-.... 1, Payment of Principal and Interest Borrower $halt promptly pay when due the principal and lnlerest Indebtedness evidenced by the NOle and late charges as provided in the Nole. 2. Funds for Taxe. and Insurance, SubJecllo applicable law or a wrIUen waiver by l.ender, Borrower shall pay to Lender on Ihe day monlhly payments of principal and lnlerest are payeble under the Note; unlllthe Note Is paid In full, a sum (herein "FundS? equal 10 one-twelfth of the yearty taxes and assessments Oncludlng condominium and ptanned unit development assessments, if any) which may altaln priority over this Mortgage and ground rents on Ihe Property, If any, plus one-Iwelflh of yearly premium Installments for hazard Insurance, plus one.twelfth ofyaarly premium Installments for mortgage Insurance, If any, aU as reasonably eslimated initially and from time to time by Lander on the basis of assessmenls and bills and reasonable estimates thereof. Borrower shall not be Obligated to make such payments of Funds 10 Lender (0 Ihe extenllhat Borrower makes such payments (0 the Holder of a prior mortgage or deed of trust If such holder Is an Inslltullonallender. If Borrower pays Funds to L.ender, the Funds shall be held In an InstiluUon the deposits Of accounts 01 which are Insured or guaranteed by a Federal or state agency (InCluding L.ender if L.ender Is such an institution). Lender shall apply the Funds 10 pay.said taxes, assessments, insuranca premiums and ground renls. lender may nol charge for so holding and applying Ihe Funds, analyzing said accounl or verifying and compiling said assessments and bills, unless lender pays Borrower interest on Ihe Funds and applicable law permits Lender to make such a charge. Borrower and Lender may agree In wrIling at the time 01 execution of this Mortgage thallnteres! on the Funds shall be paid to Borrower, and unless such agreementls made or applicable law requires such inlerest to be ,aid, lender shall not be required 10 pay Borrower any lnlerest or earnings on Ihe FundS. lender shall give to Borrower, wllhout charge, an annual accountlng of the Funds showing credits and debits to Ihe Funds and Ihe purpose for which each debillo the Funds was made. The Funds are pledged as addilional securily for the sums secured by Ihls Mortgage. If the amount of Ihe Funds held by Lender, together with the fulure monthly installments or Funds payable prior 10 the due dates of laxes. assessments, insurence premiums and ground renls, shall exce8d Ihe amount required 10 pay said taxes, assessmenls, insurance premiums and ground renls as they fall due, such excess sMII be, al 90n0wer's option, either promptly repaid 10 Borrower or credited 10 Borrower on monihly installments of Funds. If the amounl of the Funds held bfllender shall not be sumelent to pay laxes, assessments, Insurance premiums and ground rents as they Iltu).'!5?~ PiCE .7~5 , ..'I --'- \ , '''_f' " .... " do hereby certify that the precise residence and complete post office address of the within named grantee is S;, 1VI,v?1f ~ ~-~ ;v1/~P I'k /1<>1<> ./ Attorney for / COMHONWEllLTH OF PENNSYL1IlIIfIA (\ Jll'lbD() ~ SS, County of 1 day of -sana.. RECORDED on this A. D.l9~, in the Recorder's office of ~~Cl} the said County, in Deed Book . Page d9 'Z. Given under my hend and the seal of the said office, the date #eW j? J<</'-' above written. , Recorder. REGISTERED BY THE ~:ruJlJGll 1:f\VCUMa~ :~... ;"~v~~.~. ... ;.~.!~~;,V:~;" ~:.~':... . .:~::~j~?./:~;:~. ....:...;...r:: ". ....... S-:Uetary :iJr.~''''';'''J.....s "'9ni!l8mi5~mU J. '" i S"jt . - ss If - Ii' lil " ~ ~=;;5 3;iiI ~5 ! '" ~ ~ ~<l~ !ii~ ~ ~ ~ " "'&> ~ i ~ ,,"8 ~ ....~ ~ i;:; I ! ~ N ~l ~ ~" IOUl Z01 r.\,! 295 ~ i a': ~ "'-- it -- !:.liifi/:l__=i1"'~ = ~ ill" ~8g~jd!:~8g8~b': -. ~. , . I. _.. \. ','~11" ~ ; -"-'-0/ " ow "..._ 1l(O.Of.'S USf ONtr ... REALTY TRANSFER TAX STATEMENT OF VALUE ~"',"OI"NNIII't...", OU,ulMlHfOfll'tIHUl 1UllAIl0001NllI'I'1DIlAl1A1U KAllIUI='l~n~ S.. Rev.r.. for In.lrudlon. Com~IIf..adl.....-'m.Ift~wfI&RtcotcIII'''Dnch...!lpI1I''Ml~''ItOf'IfNtlltIn''''deH. rn.."....dHd II wilhout_dd.rGlkln., or br;1fI. or . 19a.1UI11lPII0ll I, dell""II. A ~lo'-nI oIV....I'lIOIlOlIluirNTfI!."Qnlh'II'4d!olly ._pll_taa b".d 0.' 1'11I ,NIotIMIhII or ubk III1IIt '.1_11I. If IIlQtt I h _dtd oIIlKh ocId1t1onal.!..1 . A CORRESPONDENf.. All ,"au"'., mav be dlrect" to the foUowJna Per,on: M_ .. '., '., -. . J,.. " T.......M....." RoArJ[/ !nIl (F'{?' ...._, 'f,. " 3~"'-i:J,,'Igi 1"," AddOlI' err If\IfII 17 .;l. B , CAin LL C PROPERTY L CATION :~:K~:r6N {)A(~.. /=Ht~~~ 17;;~~ cU/n8F. lJerN-{)__~r'<"'r .~_ 1'_-OJ--=.qO;J::>.- _Ol D VALUATION DATA oHon ..,. .ti ~. """Au.... ... 1> 'f E EXEMPTION DATA I... A.....lllel h.lIIjI1loool;lcl..Od () + ~ o. OCIor . 7/ . 11".,..to~~~,*,-?;1:_7'6 2. C1Ieck Approp.I,,, 80. hlow for ra.mp"t" Cltlm.II OWillorin"UOI'WCCtll101l 11- riIo-.oj lH_oflJoMooll o Ttcllllf.'tolndvltrioIO....IoprMnIAg.!ICJ". o T......r.. 10. t...... !AllochCOftOpI.,. copr 01 Itvll o;,..m'lII ld.nt!fr!fta.nb.Mftdo,lt..! o T,{JItJH lww.",~!pllJ om} tIfMI. /AIhWt 'PJPl'" ,opy 01 qpqJ,,'o.... prHfy '1l',..mllJJ.l o T.ond... ro th. CoINnon_olr!l. rho UIlIW:! 51_' ,nd hll'rulll...IaIlr1.llor lilt. d.dlcotlon. cond........rlon 0' i.. Ii... 01 cond.mftOtlon. III concl.mnolloo1ori,.11."oI_d.mnOllo..ollochcop)' of,..olvtl'II.1 o T"II.I.. lrom morlio91ll' ro 0 hold., 01 0 mongo;. III d.lo"l'. MotI;o.. hok N"mla, . p,.. N"mb., o Corr'Cli~. Dr conFlrmolory d..d, IAtlodl compl.t. copy 01 tllf prilli' d..d b.lng cort'd.d or confirm.d.) o St'turorrc~oro~C'II.oIldolltn,m.r9.'ordl'li.l'Il.IAltochC'Pl'oIortlcr.I.) o om-... {Pt.alf'~ u.mplton clcrlt...cI. 1I0r/r., 1M1l1i.ltd<rlto....J lJ"dttp...,III...II.....ld..10...thollho.....Olll"".dthl.Sl01."'.lIt. l..cllld.... oCco",pollr"". 1..10,,",11011. 0"" Ialhtblll.I"'yb.w...... IIl1db.ll.l.lllll,,,.,c.""londcalllpl.,.. . I...'u,.. ..,..ul. n",O'IJl. ..., ,r; H..~:.J to FAilURE TO COMPLETE THIS Fa PROPERl,Y OR AnACH APPlICA8LE DOCUMENTAl10N MAY RnULl IN THE ItECOROIR'S RE'USAL to RECORD THE DUD. \I ~ . I 10 n'l: ~ \. . .......~ , ~.,,,., , , , ''''''''' , Upon Borrowe", br..ch of any cove",nt or 11Irtem.nt of BOl'fOWfllr In thl, Mof11lag..lncludlng th. covenants to pay when dU. any sums secured by this Mortgage. Lender prior 10 accel8ratlon 'MIIgm notlc. 10 Borrower II provided by IPpllcable law specifying. among other things: (1) the breach; (2) the ,cllon nlqulred 10 cure such breach; (3) a date, not lell than 30 days from the date the notice Is mailed to Borrower, by which SUCb. b(U.Ch mutt be cur.cl; and C4} that f.uur. to cUAllUch bruGh on or btl'ore the date spec1fte:d tft the nottce may result In ac"el.ratlon or the .ums .ecured by this Mortgage,10reclosure by Judicial proceeding, and..1t of the Property. 'The noUc.e IhaU furtMr Inform Borrower of the right to """''late aft., aue1eraflon and tna l'IQht to uurt In the foreclo.ure procaedlng the nonexlstenet of defaull or any otherdeflnsl of Borrower to accalellDon and fOl'Clcloture, If the bl'Clach I. not cUl'Cld on or bafore thl date speclned In the notice, L.nder, at LInde", option. may d.clare all of the sum. secured by thle Mortgag. to be Immediately due and payable wlthotrt further demand and may fOf'er.lou- thla Mortgage by judlctal proceeding. Lender sha\1 be ent1Ued to coRect In auch proceeding .11 e)lpen... of fOAlclo,ure, Including, but nOlllmlt.d to, raasonabl. anomeys' r.... and costs of documentary evld.nce. abtlracls and tltl. reports. 18, Borrower's Right to Reinstate. NOlwIIl'lstancllng Lenders accelerallon of the sums secured by this Mortgage due to Borrowers breach. Borrower shall ha.... the rlghl to h..... any proceedings begun by Lenderlo enforee this Mortgege dlsconllnued el eny lime prtor to at least one hour before the eommencement of bidding at a ,hertfrs Hie or olher ,ale pursuen! to Ihls Mortgege If: (a) Borrower pays Lend.r all sums which would be then due under Ihls Mortgage and the Note hlld no accelerellon occurred; (b) Borrower cures all breadlas of any other covenants or agreemenls of Borrower contained In Ihl$ Mortgage; (e) Sorrowsr pays all reasonable expenses Incurred by Lender In enforcing Ihe covenanls and agreements of BOlTOWer contained In thIS Mortgage, end In enforcing Lender's remedies as provlcled In peragral>>' 17 hereof, Including, but not limited 10, msoneble ellomeys' fees; and (d) Borrower lakes such action as Lender may reasoneble require to essure Ihat the lien of this Mortgage. Lendel'slnterest In Ihe Property and Borrowsl's Obligation to pay Ihe sums secured by this Mortgage shaD continue unImpaIred. Upon such payment and CUte by this Mortgage sheU continua unimpaired. Upon such payment and cure by SClrrower. this Mortgage and Ihe obllgallons secured hereby shall remain In full foros and effed as If no accelerallon had occurred. 19. Assignment of Rents; Appointment of Rec~lver; Lender In Possession, As addlllonal security hereunder, Borrower hereby assigns 10 Lender the rents of the Property. ptOVlded that Borrower shall, prior to accelelllUon under paraglllph 17 hereof or abandonmenl of the Properly. heve the right 10 collect and relal" SUCh rents as they tlecome due and payable. Upon acceleration under paragraph 17 hereof or abandonment of Ihe Property, Lender, In person, by egent or by JUdlclally appointed receIVer shall be enlllle to'enter upon. take possessIon of end manage Ihe Property and to collect the rants of the Property Incllldlng those past due, All rents colleded by Lender or the receiver shall be epplled nrst to payment of (he costs of management of the Property and colleclfon of renlS, Including, but not limited 10, receiver's fees. premiums on recelvel's bonds and reasonable altomeys' fees, and Ihen 10 Ihe sums secured by Ihls Mortgage. Lender and Ihe receiver shall be liable to account only for those renls adually received. 20. Release. upon payment of all sums secured by Ihis Mortgage, Lender shall diScharge Ihls Mortgage wllhout charge 10 Borrower. Borrower Shall pay all costs or recordallon, If any. 21, Int.rest Rat. After Judgment. Borrower agreas lhat lhe Interest rate payable aft.r a judgment is enlered on lhe Note or In an aellon 01 mortgage foreclosure shall be the Rate State In the Nole. REQUEST FOR NOTICE OF DEFAULT AND FORECLOSURE UNDER SUPERIOR MORTGAGES OR DEEDS OF TRUST Borrower and l.ender request the holder or aoy mortgage, deed or !nIst or other encumbrance wl!h a lien which r.as prIori\'f aver lhis Mortgage 10 give Nolle. to Lander, allenders address set forth on pege one of Ihls Mortgage or any detaull under the superior encumbrance and or any sale 0 olher roreclosure aellon. ' IN WitNESS WHEREOF, Borrnwer has t)l:9culed this MOl1gage. f&tJtfb ~ ROBERT Ml lER t. (~ Jt~# Wilness; "-. ".' ---"- DEC-28-2000 03:30 p~ . GREATER.WASHINGTON.LEGAJ 301 478 '5942 &>.03 '; ;1 ; i,1 P I F " " U " ,I TO H~ M~ '-).If{ ~'~A.#~' f)~ fit f).1,/. J.,," p w. ...... /IH"" ~ !f('#.JtI'l.,~P(J ~ ~iV, ,. II '0 ,,~ :1,.1'" c::." ,")"ro" '). 6 (J~ G'" Ci fI "')., Vi (.6 6i- 1('~&1 '1'1"100 . !:'nRM ~41-0 LITHO IN U.S.A, . , f:ltij ^-- , '~I-',~' " , '-. , DEC-2B-2ea~ 03:23 ~M 1 I j' . 1. 6 8 fQot "flourc:ent lights I'J, f ,. tI 2.30+ nQur ,ent tubes , ~ ' 3 . Lawn m'jlYe , CO di ': .., 4. Seaman I " c:hest ,. ~ "t., 6.K1toh8~ t bIe, J{' I< 6.2 Chsvt 3, 7. engine"- . ill' 7 tubo hid ,atic: Tranami8SQrt-~"'''' .,~" 84 ai r t,st' r for pipeA ' :a. . 'II ,'" 9. Brake! pa ,t-a for cars ,iI. r j>' 10. 3 Gm:St rtars r : 1. Altn,to ',s ford GM .,.1, .. , 11 12. 1 in~a~ manifold ';'1 'f"";'" 13 4 rodche tel.' oarbuetor' 3 r 0 06" 14. 2 GiflS: bikes (;1. r "I)" 15.200 hfic :> 16.Antique ar tools tlfl(' .. ...v6 17.2 S80.io' soaffoldlng, ., 18 wheel., ba~r:,o'" 1,,>7 r.C IiJ 19. Weediwa ker _ ).1" 'III ' 20. An~iq\le ~a,r parts. - . D ~ (} 21. Kl1nl -i ' '?fei/V, 22. 2 Dou~le Ihung windows, I~, 'J ~ (/1 d~ 23 woodenb'rrels 3: " ('".po 24. 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(/1 11 .. 76. p1um1?in : too1e and supplies" ~ /7 1 :;--- 77. Old Isl II J,,.-V'P- ,78' lit~le' ed waggon ~~~ b 79 Call\p~ng : quiptment \: $' P (, eo. BOd)! Tci,1S ' l}o.(tJ 81. Misq,'. ~. all car parts /'I" ~~ 82.2~ hri kO' lor encrine '~ 831 box ;ca ,'rnt;er'~ tools 1 '!fJ II!" 84. han~ sa. s - '1( v 85. ~11), ,1"~ 1(, ii+ ,!,,~ 4'1"::' 8'71'~~~~ 4,.,1?;N '(" q.~[~ lir~ 9 ~~ 'f"'__AAjJ ~"-'-J~-6~r- Q I 'I' -r~""~ T IJ,/~.r t"'~~,(}u- ~ j 'I l " 't 1 ''3 1 t!' -- lI'&"'~~ ~~ "0 ~~ /J ''t 1.( ~ _<::--tr ! /66 ~" j~'2.I.J 3 0;" ~ , Ij I I I ::t 'I' ~ 'O"'""'l ~ ~ , P.1iI2 ! .~ I I I I ~; -,J' ,:>! ",:, ';"','I~,I, :', I~ ! .> .1\ I r , 1 J .' '.. , i i 1 i I ~HRISTIANNE SNYDER-TEETS I and ALTON E. TEETS, I Plaintiffs v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ,ROBERT MILLER Defendant CIVIL ACTION - EQUITY 'I II I II YOU HAVE BEEN SUED IN COURT. If you wish to defend against I~he claims set forth in the following pages, you must take action within (20) days after this Amended Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defense or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be . entered. against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief ,requested by the Plaintiff. You may lose money or property or Ii . , lother r1ghts 1mportant to you. ,I ! I YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO ! kOT HAVE A LAWYER OR CANNOT AFFORD ONE, G.O TO OR TELEPHONE THE " pFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOT ICE ; Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, ~sted tiene viente (20) dias de plazo al partir de la fecha de la pemanda y la notificacion. Usted debe presentar una apariencia ~scrita 0 en persona 0 por abogado y archivar en la corte en forma ~scrita sus defensas 0 sus objeciones alas demandas en contra de l3u persona. Sea avisado que si usted no se defiende, la corte tomara inedidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido 'en la peticion de demanda. usted puede perder dinero 0 sus ipropiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE I~OGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, !VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION .1 :SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. """'f"''''''''' I, I, Ii II I' CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 , - ~~"'I.,-, I" t_1 - '- CHRISTIANNE SNYDER-TEETS and ALTON E. TEETS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. OBERT MILLER Defendant CIVIL ACTION - EQUITY COMPLAINT The Plaintiffs aver the following in support of their omplaint against the Defendant: I I I i 1 rreets of Post Office Box 137, Spring Gap, Maryland 21560. \ . I 2. Respondents are Robert Miller of MCIS, P.O. Box 549, fessup, Maryland 20794. Ii 3. A Complaint has been filed simultaneously to the above- Ikeferenced do~ket, the contents of which are incorporated herein !i I y reference. The Complaint demands the imposition of a 1. petitioners are Christianne Snyder-Teets and Alton E. onstructive trust upon the Defendant. 4. Plaintiff will suffer irreparable harm and injury for ,hich there is no adequate remedy at law if the Defendant I I ~ransfers, encumbers, or otherwise alienates any interest in the , ~bove-referenced real estate 5. Issuance of an injunction would preserve the status quo I bf i i the parties. 6. Denial of injunctive relief would lead to immediate and ~rreparable harm in the form of damage to and loss of assets of I ~ the Plaintiff for which an accurate accounting has not been made. \ ,~~-,.~"" ~,~, ~, .-1: ,_ ,1 ~~ . . i I I I I I I II II I 7 The Defendant has failed to pay the amount of $641.60 lito the' municipality of Lower Allen Township for which reason a I lien has been entered against the property docketed at 2000-1514. i 8 . The Defendant has failed the taxes to the county in the mount of $1,139.20 for which reason a lien has been entered against the real estate docketed at 2000-5513. 9. Despite the advance of' funds totaling over $50,000.00, i :the Defendant has refused to pay the taxes and other expenses ;instance with maintaining the real estate. 10. The Defendant occupied a position as attorney, advisor pr counselor to the Plaintiff such as to inspire confidence that , ~he Defendant would act in good faith for the Plaintiff's I, fLnterest. i , I : 11. The Plaintiff had never before in her life executed any i ~egal document without the advice of an immediate family member or I rf trusted counsel. I 12. At all times prior to and at the time of execution of I the above-reference Deeds (see attached Exhibit A), a confidential kttorney-client relationship existed between Mrs. Snyder-Teets and I I ~he Defendant, and Mrs. Snyder-Teets reposed great trust and I I f'd . h f d con l ence In t e De en ant and relied heavily on the Defendant's ~dvice in her business and other affairs. , I pnyder-Teets believed that the Defendant would deal I At all such times, Mrs. fairly and ~- justly with her, and that the Defendant would never abuse their I ! I I ,i .,,="~~""'- . I '~~I-"'.~- 1 - . J " - . ~ . . onfidential relationship. 13. Mrs. Snyder-Teets did not deliver possession of the eal estate to the Defendant however, but remains, in physical ossession of the property including such as to store various I "tems of personal property at the contested location. 14. The consideration mentioned in the deed was not the rue consideration for the conveyance of the property to the efendant, and in fact was never paid by the Defendant to Mrs. I )snyder-Teets. I ! 15. It is conceded that the Defendant refinanced a mortgage ~ien against the property having had a balance at the time of rransfer of approximately $50,000.00; however, the property had an I ~ppraised value of $140,000.00 as of the date the property was I ~xpected to be repaired. (see attached Exhibit B) . 16. The true consideration for the execution of the deed was an agreement that the Defendant would pay to Mrs. Snyder-Teets bhe amount of the appraisal value as of the date of transfer, ChiCh was expected to between $102,000.00 to $108,000.00 dollars. I 17. The parties expected that the actual value of the property would be between $125,000.00 to $230,000.00 once the I property had been fixed up. The Defendant was to have paid to I Mrs. Snyder-Teets the amount as the property as appraised at the Ii 'time of the transfer less the amount of the outstanding liens : , against the property. ii- 18. Mrs. Snyder-Teets spoke with the Defendant again during ,I .~ -,-~"'''7'", I.' ,-,~ . . 'i " I i [the summer of 2000. The Defendant indicated that he would pay her i i ithe balance that was owed within ninety to one hundred and twenty ; , ~ays and asked her to II si t tight II . I i , isaid deed was, I litself, however, is unique; and Mrs. ~dequate, comprehensive, alternative remedy at law. i , 20. At the time Mrs. Snyder-Teets executed 19. Said property is, and at the time of the execution of reasonably worth $105,000.00. The real estate Snyder-Teets therefore has no the deed in favor of the Defendant, the Defendant had no intention to comply with the agreement with Mrs. Snyder-Teets to improve the property :Fnd pay to her the difference between its current value and the i iputstanding mortgage. The Defendant fraudulently induced Mrs. !pnyder-Teets to believe that they would comply with their ~ ' agreement and keep only the improvement value of the property from the $105,000.00 value as of the time of the transfer through the ~125,000.00 to $140,000.00 improved value of the real estate. 21. By reason of the Defendants' fraudulent inducement to I~rs. Snyder-Teets that he would comply with her request to improve I' 'the property and repay her the existing equity therein, and by i ~eason of the Defendants' refusal to comply with said request, the Pefendant has violated the trust and confidence placed in him as I , , fin attorney by Mrs. Snyder-Teets. , I The Defendant acquired said ~eed and property of Mrs. Snyder-Teets solely by means of fraud ~nd breach of confidence. .. 22. The Quitclaim Deed and the Warranty Deed were drafted ii " I I' Ii '''-" ~~~~-" ", ..-,-....,..". ',I i,' i" i l;! '" I'," , i'; 11 I"~ f: Iii 1,1 I': I" I' I" I 1'1 i~ 1 1,-, 1 I 1 '-'_\,"~- " . ' ~ the attorney, Robert Miller. WHEREFORE, Petitioner requests your Honorable Court to issue, ursuant to Pa. R. Civ. P. Rule 1531, enjoining the Defendant from or transfer of any right, title or interest in the real state, fixtures, or dwelling located at 95 Kensington Drive, ower Allen Township, Camp Hill, Cumberland County, Pennsylvania 7011. In the alternative, Petitioner request that a temporary 'njunction be granted pending a hearing on the matter. COUNT II 23. The proceeding paragraphs (1) one through (22) twenty- two are incorporated herein by reference. l 24. The Plaintiff, Alton E. Teets is the spouse of II hristianne Snyder-Teets. I! 25. At the time of the transfer of the deed the parties I here married, and as such are entitled to the presumption at law f ownership of the property as tenants by the entireties. 26. The Plaintiff, Alton E. Teets was unaware that Mrs. pnyder-Teets was considering transferring, or had transferred, i. t~tle to the marital residence at 95 Kensington Drive, Lower Allen i . fownsh~p, Camp Hill, Cumberland County, Pennsylvania 17011. I 27. Mr. Teets had substantial items of personal property I located at the marital residence, with such items having a replacement value of $27,272.00. (see attached Exhibit C) . 28. Despite" making demand for the same, Defendant has . ~ailed or refused to return the items of property located at 95 I . , ,., -,-" .,,, " ,~~">- , .' . . , .. , . , " .. ! CHRISTIANNE SNYDER-TEETS and ALTON E. TEETS, Plaintiffs . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs . . : NO. : . ROBERT MILLER Defendant : CIVIL ACTION - EQUITY . . VERIFICATION We, Christianne Snyder-Teets and Alton E. Teets, state that we are the Petitioners in the above-captioned case and that the facts set forth in the foregoing document are true and correct to the best of our knowledge, information and belief. We realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S. 4904. i . IDate: , I I I I i I i /~~r~ ~ N E. TEETS . ,..,- ,., " " ;1.... .... . CHRISTIANNE SNYDER-TEETS, and ALTON E. TEETS, IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA Plaintiffs, Case No.: 01-162 vs. CIVll.. ACTION - EQUITY ROBERT MILLER, Defendant PREVIOUSLY ASSIGNED TO: 1. HESS PRAECIPE TO WITHDRAW PETITION FOR PRELIMINARY INJUNCTION AND EOUlTABLE RELIEF I TO THE PROTHONOTARY: Kindly mark the Plaintiffs' Petition for Preliminary Injunction in the above-captioned matter as withdrawn without prejudice. n.,~ Respectfully subm,i~ed, ~~E~ Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 II Ii CHRISTIANNE SNYDER-TEETS, and ALTON E. TEETS, plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET No. 01 - 162 vs. : CIVIL ACTION - EQUITY ROBERT MIT J :RJ~, Defendant : PREVIOUSLY ASSIGNED TO: 1. HESS CF.RTlFJC'ATE OF ~F.RVTC'F. I hereby certifY that I am this day serving a copy of the foregoing PRAECIPE upon the persons and in the manner indicated below, which services satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by first class mail addressed as follows: Robert Miller MCIS-ID# 254603 P.O. Box 549 Jessup, MD 20794 Date: 1/~2 O( I 'iT- ~~,- Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 . . , CHRISTIANNE SNYDER-TEETS, and ALTON E. TEETS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiffs, Case No.: 01-162 vs. CIVIL ACTION - EQUITY ROBERT MILLER, Defendant PREVIOUSLY ASSIGNED TO: 1. HESS PRAECIPE TO INDEX LIS PENDENS TO THE PROTHONOTARY: I hereby certify that the Equity Complaint in the above-captioned matter contains a petition for specific performance of an agreement to purchase or sell real estate. As such, kindly index the above-captioned Complaint upon either the judgment or ejectment and miscellaneous indexes against the defendant and certify it as Lis Pendens in any certificate of search which you are required to make by virtue of your office. ed, Date: ( ~ 01 Matthew I. E elman, Esquire Law Offices of Patrick F. Lauer, Ir. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 'f- , ~ '-~.,., ~- "_r .' I' " \ CHRISTIANNE SNYDER-TEETS, andALTONE. TEETS, Plaintiffs : IN 1HE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET No. 01-162 vs. ROBERT MILLER, Defendant : CIVIL ACTION - EQUITY : PREVIOUSLY ASSIGNED TO: J. HESS C'F.RTlFTC'ATE OF SF.Rvrrn I hereby certifY that I am this day serving a copy of the foregoing PRAECIPE upon the persons and in the manner indicated below, which services satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by first class mail addressed as follows: Robert Miller MCIS-ID# 254603 P.O. Box 549 Jessup, MD 20794 Respectfully submitted, Date: f 2201 Matthew J. E ehnan, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 r.' :1 i , l I; :t CHRISTIANNE SNYDER-TEETS and ALTON E. TEETS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA t ~ 'ok }\;' '~, , v. NO. 01-162 ~ , ROBERT MILLER Defendant CIVIL ACTION - EQUITY ACTION TO QUIET TITLE :11 j r NOTICE: To Robert Miller ,t ~; 1 You have been sued for action to quiet title by the el, l Plaintiffs, Christianne Snyder-Teets, and Alton E. Teets, on the t J J 4 i \ i grounds of fraudulent inducement. If you wish to defend, you must enter a written appearance personally or by attorney and I file your defenses or objections in writing with the Court. 1 ~ ',;- You are warned that if you fail to do so the case may i. I ; 1 proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. , ( l , 1 i t YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU I 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. > , pi I J l' CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 i t ~ , , ~ ~ ~ ~ i ~ , .,l,t.,'" '~ , ~'I ~ rl 4:; ;}., 1 i ! t.- j .l,. t i I !, \ ~ ~ ~ '\, ~~ j; t. f f;; , l. j ',I " .X i t. f ,~ f j , , , i ! -{'. :; :~( I JR,: "', j ,I j , 1 , i I] CHRISTIANNE SNYDER-TEETS and ALTON E. TEETS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-162 CIVIL ACTION - EQUITY ACTION TO QUIET TITLE ROBERT MILLER Defendant AFFIDAVIT Before me, the undersigned Notary Public, this day personally appeared Christianne Snyder-Teets and Alton E. Teets, to me known (or satisfactorily proven), who being duly sworn according to law, deposes and says: We have attempted to contact Defendant and any known associates, even going so far as to contact the Maryland State Correctional System, as he was believed to have been in prison there; as well as the authorities governing the registration and conduct of attorneys in Pennsylvania and Maryland, as the Defendant is believed to be a licensed attorney at law. Nonetheless, we have received no favorable response. We have no knowledge whatsoever as to the current whereabouts of the Defendant, Robert Miller, and would not even know where to begin to discover the same. We believe the service of the notice of the action by posting the same on the premises in question for a reasonable period of time would engender a response by the Defendant or one of his agents as they would necessarily need to appear at the premises to properly maintain the house and grounds to the satisfaction of the municipal code. E. Teets Sworn to and subscribed to before me this JtJP'- day o'tt i . /Ju~~L N6t:ary P. blic , 2001. Nota(ial Seai ShelbyA. Minich, Notary Public Clmp 101m Bore, Cumberland County My Commission Expires Aug. 20, 2001 em an a ~3t M 91 Notaries ~, "~~'I , ~;, , .~'. f: " :1. ;j f ,! i ',~'. , '; 1 ~!, 1 1,,~,,~ ~ '''I'"'"'''"'JI CHRISTIANNE SNYDER-TEETS and ALTON E. TEETS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-162 ROBERT MILLER Defendant CIVIL ACTION - EQUITY ACTION TO QUIET TITLE ORDER AND NOW, this 1'" day of 4"1""'/ 2001, it is hereby Ordered and Decreed that the Petitioners, Christianne Snyder-Teets, and Alton E. Teets, are permitted to attempt service upon the Respondent, Robert Miller, in the above-captioned action to quiet title by conspicuously posting a notice on the premises in question at 95 Kensington Drive, Lower Allen Township, Cumberland County, for a period of sixty (60) days; and by advertising a notice of the action once within 30 days of posting notice on the premises in the legal publication designated for the publication of legal notices, and once in one newspaper of general circulation, within Cumberland County. If the Defendant has not responded within sixty (60) days of posting notice on the premises, proper service will be deemed to have been made upon the Defendant, and the Petitioners may pursue the proceedings without further petition to this Court regarding service of process. ~ '-Y'~ 6{,o'O ~c('" BY THE COURT: kJi J. "~. e~<'_<'~ ~_~.~~ ..., "",~,'-..-'~. ~~'~, " ~. .~ ..'"" . - ~ ',,, -""'~",. ~ ."',,,^, ,,"'_N_ '-'~' - ,- "~-H~~-''''''''''-'''fr.r ' [~:~: -~ " "'lNn~~V;17},SNtV:;; . ...-v Cll,i't!7Lj.:;d ,I ""~"'I'''n -U .'_'p.[ iC) () .//,,, Nt! 6 _ ':','- I '. ;Jill! 10 rd:/tf)(-~!. !,'_, . I , ':;,~i./>/':>~~.:J ~..~, ~. ~v!'-O I'" -, I .J ."-' . . ./:J ~t--/ ''', .Y/LJ ~~'(\l~I~'_WI~ ""._",_"~_,~",,," II ","~.~,~-il'l!'\"!-1i:i-I","'~*'!;"!.'\.""W'''''' "._rO)"~-'_"""~'f"_"'~'~''''_<:Il!',ol'lff'l,',,,,'\ffil!lIi"''!..'''''''T'~'''~*,,,!'~_ilI;:~_~- i: \, ~' J,' \ J r 1 f! " , i )! -{" 't; j-; \ j i' f l I " f '\ ). '.t: r J.' I .~ t t , f , ~, ~- ! i: 'I ~ ~( ~ , [, t '~ I r j \l~ f i ~i ~~ II ,. CHRlSTIANNE SNYDER-TEETS and ALTON E. TEETS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY/PENNSYLVANIA v. NO. 01-162 ROBERT MILLER Defendant CIVIL ACTION - EQUITY ACTION TO QUIET TITLE PETITION TO SERVE PURSUANT TO SPECIAL ORDER OF COURT The Petitioners, Christianne Snyder-Teets, and Alton E. Teets, through their attorneys, The Law Offices of Patrick F. Lauer, Jr., respectfully aver the following in support of their Petition to Serve by Publication pursuant to Rule 430: 1. The Petitioners are Christianne Snyder-Teets and Alton E. Teets, Plaintiffs in the above-captioned action to quiet title, and are adult individuals residing at PO Box 137/ Spring Gap, Maryland 21560. 2. The Respondent in this matter is Robert Miller / Defendant in the action to quiet title, who is the owner of record of the parcel of real estate in Lower Allen Township, Cumberland ,II County/ commonly addressed as 95 Kensington Drive, Camp Hill, Pennsylvania 17011. 3. The parties executed a deed to the above-referenced matter, which Petitioners now allege to have been fraudulently induced, on or about June 8/ 1999. 4. The parties last spoke with the Defendant in the summer of 2000. 5. The Petitioners have had no contact whatsoever with the Respondent for more than ten (10) months. J :l 1 ~'; { t' 6. An action to quiet title was filed in Cumberland County Court of Common Pleas on the 9th day of January 2001. I ~l: :d :-, i, .,.,:,' :} f:l IJ ~ ;~,j 'J" , ': 1! ,t ""0 ,I , ,'~,,' ',cf ~ "I' t ;:(1 k ~.. fj,: , -~l 'f ',: 'lj 'I ~,,',.,. ~ I',,",',"" , ,{ i ~iJ:' i 1M, ,t f I 7. The whereabouts of the Respondent are currently unknown. S. In the event Defendant is not found, the Petitioners have no wish to claim any rights greater than such title to the premises in question as may be vested in the Respondent. 9. The Petitioners, through their attorneys, have made the following attempts to locate the Respondent pursuant to the recommendations regarding Service Pursuant to Special Order of Court set forth in Pennsylvania Rules of Court Rule 430: (a) Petitioner employed BOO-U.S. Search, Inc. who through following the guidelines set forth in Rule 430 had no positive results. See Exhibit "A" attached hereto and incorporated herein by reference. (b) Inquiries of relatives, neighbors, and associates of the De f endan t, including the Pennsylvania Supreme Court Disciplinary Board, the Maryland Bar Association and the Maryland State Correctional Facilities, with no positive result. See Exhibit "B" attached and incorporated herein by reference. 11. The Respondent is able to competently read and write in the English language to the best knowledge, information, and belief of the Petitioners. 12. The Petitioners sets forth the following suggested advertisement for publication in any newspaper of general circulation as may be ordered by the Court: See Exhibit "c" , , -t:; " 1""-- I ~ '- 1 ,,,' J :1,' ',1 , ~,: ',1"1,;,, ~. l, l t 't7; J '!!-- ~! ':1",1 , ,I'; , fl ,! OJ:: 1 ' ~,j" I , .: h , ~~, attached and incorporated herein by reference. 13. The Petitioners believe service of notice of the action by posting the same on the premises in question for a reasonable period of time would be the sorest way to engender a response, because the Defendant or one of his agents would need to appear at the premises to properly maintain the house and grounds to the satisfaction of the Municipal Code. 14. The Petitioners know of no other method of service of process, which would have a better chance of actual notification of '" the action. , J, 'I WHEREFORE, the Petitioners, Christianne Snyder-Teets and Alton : /, E. Teets, respectfully request permission to serve the Respondent, , ,1' "J :1 l' " , , r~ ~'. J j I l' -,> i Robert Miller, by posting conspicuous notice on the premises for sixty (60) days, and by advertising a notice of the action once each in the Harrisburg Patriot-News and the Cumberland County Law Journal within thirty (30) days thereof; and, if the Defendant has not responded within sixty (60) days of the date posting on the .( ;', premises, that proper service be deemed to have been made upon the :l: k; 'f\ li .tt, ;. 1 l ,~ ,~ t l I' J t '\ Respondent, and permitting the Petitioners to pursue the proceedings without further petition to this Court regarding service of process. Date: ~ 1'-( at Re'me~ed' Matthew J. Eshelman, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 .i:.;. I ) 1 1 , I f '~t 1 -I I 1 I i.. l l , :t-. J jl ~' .J: l ~' t ~. 'J 1 :T f l ~: ~ l' '1 f l 1 J 1 J /: f 1 ,1 I t f I CHRISTIANNE SNYDER-TEETS and ALTON E. TEETS, Plaintiffs v. ROBERT MILLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-162 CIVIL ACTION - EQUITY ACTION TO QUIET TITLE VERIFICATION I verify that the statements made in this Petition to Serve Pursuant to Special Order of Court 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. Date: rjJtjP/ '~I , , ~~ ~~. \-;etf ~ , - !I l~: r , ,{ :i " J. i f l CHRISTIANNE SNYDER-TEETS and ALTON E. TEETS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-162 i ! t l' 1 .],' f " ..~ f , f I , f I " , "f" ; ,:, f, i .~ .I' .. f ROBERT MILLER Defendant CIVIL ACTION - EQUITY ACTION TO QUIET TITLE AFFIDAVIT We, Christianne Snyder-Teets, and Alton E. Teets, Plaintiffs, state that to the best of our knowledge, the Defendant, Robert Miller, is not in any military service at the present time. IN WITNESS WHEREOF, I set my hand and seal this ~ day Of~ 2001. ~ t ,\ J , j, -! : i' 'i '} i r it f . " i It .~ ! - ~;~ II' ! : a~ ,.It'~ ton E. Teets !i Sworn to and subscribed to before me this JrfL' day of ~~ _ /J;/~~ N6tary ublic 2001. , i Notarial Saal Shelby A. Minich, Notary Public , Oamp Hili Bora, Cumbertand County l MV Commission Expires Aug. 20, 2001 , -- ."" ~"-$yt J3.flla ft,SS(l(,~tjon 0 otanes , 1 "'" ,~'''~ . -n ^ ~, ~ , ,""".'. "'~- 'f 0> 'S; -;ODe 'Epu-~ 7C- (Ji .' ': -<~c:_ ~\:; )..-............. zl...! -.0 Pc Z ~ , I'"""~ "'~~'lr '"' C) ~~) , "'" (~~ (T\ e: .'1J _"r (--) ~~i ~~ den ,.~ )',.; ::0 -< w '0 .LJ. ._ ~" ~~o ~!lIfI~"",," "'""""'~'?^'Alh1""""'i"'""'!l'c"""",;,-.--t1/,,,,'o;;"'IHt<I')'f.I*'!;otI'~"""'(_1'fu.'m~1!"!J8;'''1Z1"'''''''''f\",,{l,~!Il!~~'' IJ CHRISTIANNE SNYDER-TEETS andALTONE. TEETS, Plaintiffs v. ROBERT MILLER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-162 : CIVIL ACTION - EQUITY : ACTION TO QUIET TITLE PRAECIPE TO ENTER DEFAULT JUDGMENT TO: THE PROTHONOTARY OF CUMBERLAND COUNTY Please enter judgment against the defendant in the above-captioned matter, Robert Miller, on the issue of liability for failure to response within .~~~quired time .ap~er to the action to quiet title which contained a notice to defend. lJ-f D . ~ ,I j 1.1",.If ..I- Ruk l.(a)~ :r~~(l-f~l~ Pursuant to pennsylvania Rules of Civil Procedure,~ule 237.1,,, wrlttln-notice of the plaintiff's intention to file this praecipe for entry of default judgment was mailed to the party against whom judgment is to be entered, Robert Miller, after the default occurred and at least ten days prior ~o the date of the ~ling of this praecipe. A copy of the Noticl]..,is attacheP. hereto as Exhi~it "A" and mcorporated herem by reference. ttlld orda i.lfMrtfJ^"j ~1il~en/lC2.. W ._~6L ," -""-'1- Respe Matthew Eshe Esquire Law Offices of trick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hil~ Pennsylvania 17011-4706 10#72655 Tel. (717)763-1800 II ,....,- , ' - "~'jU:'l'i,"," ~i"~"~"\!'l!",",~~"."";"'-I"""'~~': '.'''''''U__,__ '" ~1~,' '*.'"''''''''.''''' ;'.::!'''''-r!':~''"',''''' .._,~.,"'" './,. 1::;'_~ , '7 r CHRISTIANNE SNYDER-TEETS and ALTON E. TEETS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-162 ROBERT MILLER Defendant CIVIL ACTION - EQUITY ACTION TO QUIET TITLE ORDER AND NOW, this hereby Ordered and q... I day of Auf''''' f the Petitioners, 2001, it is Decreed that Christianne I, i.' J} I. i I. I i Snyder-Teets, and Alton E. Teets, are permitted to attempt service, upon the Respondent, Robert Miller, in the above-captioned action to quiet title by conspicuously posting a notice on the premises in question at 95 Kensington Drive, Lower Allen Township, Cumberland County, for a period of sixty (60) days; and by advertising a notice of the action once within 30 days of posting notice on the premises in the legal publication designated for the publication of i ;( legal notices, and once in one newspaper of general circulation, within Cumberland County. If the Defendant has not responded within sixty (60) days of posting notice on the premises, proper service will be deemed to have been made upon the Defendant, and the Petitioners may pursue the proceedings without further petition to this Court regarding service of process. i "'"~''_''''' ~ BY THE COURT: '.Y'~ ' I 6{ .0\0 ;bJe-..- \::. q,' 1 RUE COPY FROM A1 In Testlmony wllef'llOl. II1ere unto oot my '" 0 and tile seal of said ~~ Carlisle. . "- r~~~ ~:.. ?~~ Prothonotary J. ; I -'-~-"'rf"="''''-4'' ~,if!IIl , '. .,1 / ,-I I ~~." CHRISTIANNE SNYDER-TEETS and ALTON E. TEETS, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-162 v. ROBERT MILLER Defendant CIVIL ACTION - EQUITY ACTION TO QUIET TITLE AFFIDAVIT OF SERVICE ~(~I, Shelby M~~ being duly sworn, state that on this ~b day of 2C ' 2001, did serve upon Robert Miller, compliance wit the Pennsylvania Rules of Civil Procedure, the foregoing Complaint and Notice in the manner indicated below: in Service bv Dostina on the Dremises located at: 95 Kensington Drive Lower Allen Township Cumberland County Sl/*i~ of OJv lr , 2001 ~ NoIarIal SaaI MatIhew J. EsIteImsn. Nolary Publlc Camp HIll Boro, Cumberland Countv My COmmls8lOn Explras Nov. 24, 2tlO3 Member, Pen AesocIatIon of NaIaIl8II -'-. ~. .,.,.." ,-:;::I ,,-, I_ ~ ,'~l- ~. "., ~. , THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} 55 Michael Morrow being duly swom according to law, deposes and says: That he is the Ass!. Controlier of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and ali have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 8th day(s) of November 2001. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that ali of the aliegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severaliy by the stockholders and board of directors of the said Company and subsequently duly (ecorded in the office for the Recording of Deeds in and for said Coun y of Dauphin in Miscelianeous Book "M", V;I~:~I~:~~~:' ................. ....~......................................... COpy , Miscellaneous Notices ~t s15th~a ofN Nolanal S~I ) Terry L. Russell, N~:;)ubll Harrisburg. Dauphin County My Commission Expires June 6. 2002 NOTARY PUBLIC Member, PennsylVania Association ot NotariEMy commission expires June 6, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY1 PENNSYLVANIA NO. 01-162 CIVIL ACTION ~ EQUITY ",CTION TO QUIET TITLE CHRISTIANNE SNYDER-TEiSTS _ and ALTON E, TEETS, v. ROBERT MILLER Plalnllffs LAW OFFICES OF PATRICK LAUER 2108 MARKET STREET, AZTEC BUILDING CAMP HILL, PA. 17011 Defendant .t.iOT_ICE: To Robert Miller -- YouhavebeensvedforactlontoquiettiflCl by the PlaIntiffs. Chrlstranne SnYder-Teets, '1lBd Alton.E. Teets, on the grdunds ot fraudu- lent Indugment. If YOU wish to defend. YOU !:~muM Ml~a written appearance personally DY attQ(O,liY and fll& YOU, defensltS or oble<:- ~~ In writing with Ihe Court. =:': -you_ac:erwarnedthaf It YOU fori fodo sothe .qos_em_ay-procel!dwlthoutYoUanda fudgment ~b.6 ltl:!!ered against YOU without further ~fe for]he rell&f r'CClues~d by the plarntlff. -_ou lp.~'l....!os~ money or properly or otht!r ghts IlJ'IJ:!2J::tQnt to YOU. _~xj;tU~.P_ULD TAKE THIS PAPER TO OORLAwYER ATONCE.IFYOU DO NOT ; A"l~::::LAWYER OR CANNOT AFFORD ;uIIE. GO_o.R TELEPHONE THE OFFICE - ETFOR..TH BELOWTO FINDOUTWHERE YOU CAN.~GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCiATION 2 LIBERTY AVENUE CARLISLE. PA 17103 ,!T7)24\1-if66 Statement of Advertising Costs To THE PATRIOT.NEWS CO" Dr. For publishing the notice or publication attached hereto on the above stated dates $ Probating same Notary Fee(s) $ Total $ 139.16 1.50 140.66 Publisher's Receipt for Advertising Cost ., publisher of The Patriot-News and The Sundav Patriot.News. newspapers of general e receipt of the aforesaid notice and publication costs and certifies that the same have By.............. ...................... n....... n n............... .... PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Roger M. Morgenthal, Esquire, Editor ofthe Cumberland Law Journal, of the COlUlty and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the COlUlty and State aforesaid, was established January 2, 1952, and designated by the local courts as the officiallegai periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said COlUlty, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz NOVEMBER 9,2001 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are ROg~itor - SWORN TO AND SUBSCRIBED before me this 9 day of NOVEMBER. 2001 NOTARIAl SEAL LOIS E. SNYDER, Nolaiy Public CariIsIe Bom, CUmbIJ!land County My Commis&Ion Expires March 5, 2005 f'c-C'''''~1'''-,"",'~'''''"''''''''''''' ~ ,~ ~I ' , , , CUMBERLAND lAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland Connty, Pennsylvania Civil Action-Equity No. 01-162 CHRISTIANNE SNYDER-1EETS and ALTON E. 1EETS. Plaintiffs v. ROBERT MILLER. Defendant ACTION TO QUIET TInE NOTICE: To Robert Miller You have been $ued for action to quiet title by the Plaintiffs, Christl. anne Snyder-Teets. and Alton E. Teets, on the grounds of fraudulent inducement. If you wish to defend. you must enter a written appearance personally or by attorney and file your defenses or objections in writ- ing with the Court. You are warned that if you fail to do so the case may proceed with- out you and a judgment may be en- tered against yOll without further notice for the relief requested by the plaintiff. You may: lose money or property or other rights important to you. YOU SHOULD TAKE TIllS PA. PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR 1ELEPHONE TIIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNlY BAR ASSOCIATION 2 Liberty Avenue '--~-," I ~ - -'I Carlisle, PA 17013 17l7) 249-3166 4 Nov. 9 , ltii ,~>,""",,,,., ",'PW"",',"" ~"'1lUnnT.''ll'i\j;ijl~'k'~'' -=..-................... ........~. ij .~ z ~ 0 ~ ~ ......-- (':- , , ~ \: / ~ <::, 0 "" 3 ........ ~~ >> l<...J w '"' t ~ ''G ~ ~ '" ~ () ~ y--' ~ ^_, r_","_,_~ 0 " ~I "~ "~- -~ , _,~~fW\.'"!~J,"",'i""'1',rl,~~~'1"i!'"Of,1'.f'}T9.\'jJ&W~~~~!1W~i~<<:Jii~~:R: ,_ ~l " - -~ (") c:. ?;. -I '-',~ ,,' ~\:c-, ",----->-' ~ -', -'--. (/1 ,~,_. t':) I"'...) (=:: ~ ,~ , ' \. . ,.0_. '::.,;,;. :'.:;:; -, r~-J co o "-''0 ,,, ~_c -n :~:,f;l .',0 c~, T ':=:~G' - _: ~ -~~\ .~'-~~~ l..J _.oJ; .~ 'lJ :-< ~~-t3 :::> Cl