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GEORGE F. DOUGLAS,III
ATIY. I.D. #61886
DOUGLAS, DOUGLAS & DOUGLAS
27 WEST HIGH STREET
P.O. BOX 261
CARLISLE, P A. 17013
717-243-1790
ATTORNEYFORPL~TIFF
DONNA R. and RAYMOND H.
HURLEY, JR.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, P A
: CIVIL ACTION - LAW
V.
DALE W. KELLEY and
TARA L. ANDERSON
: NO. 2001- If 40
CIVIL TERM
NOTICE
You have been sued in Court. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after
this complaint and notice are served, by entering a written appearance
personally or by attorney, and filing in writing with the Court your defenses or
objections to the claims set forth against you. You are warned that if you fail to
do so, the case may proceed without you and a judgment may be entered against
you by the Court without further notice for any money claimed in the complaint
or for any other claim or relief requested by the plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Legal Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
DOUGLAS, DOUGLAS & DOUGLAS
BY:~,c.~ rg
George F. Douglas, III
Dated:.....&..;, . '2-..., r 2.00 I
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COMPLAINT
1. The Plaintiffs, Donna R. and Raymond H. Hurley, Jr., are
individuals who reside at 2 Westfield Lane, Newville, Cumberland
County, Pennsylvania.
2. The Defendants are Dale W. Kelley, who is an individual residing
at 467 Crossroad School Road, Cumberland County, Carlisle,
Pennsylvania, and Tara L. Anderson, who is an individual residing
at 347. Bradley Lane, Cumberland County, Shippensburg,
Pennsylvania.
3. On approximately November 12, 1997, the Plaintiffs provided a
loan to the Defendants in the amount of $1,000.00. A copy of this
check is attached as Exhibit A.
4. On approximately January 7, 1998, the Plaintiffs loaned the
Defendants an additional $8,500.00. A copy of this check is
attached as Exhibit B.
5. An oral agreement between the parties provided that the $9,500.00
loan would be paid back to the Plaintiffs.
6. The borrowed amount was provided for the purpose of purchasing
a home by the Defendants located at 7577 Roxbury Road,
Shippensburg, Pennsylvania. A copy of the settlement sheet is
attached as Exhibit C.
7. The Defendants have repaid a total of $400.00. A balance due and
payable at the time of filing this complaint is $9,100.00.
8. WHEREFORE, the Plaintiffs clairn of the Defendants the sum of
$9,100.00 plus costs, an amount requiring compulsory referral to
arbitration under the local rules of court.
DOUGLAS, DOUGLAS & DOUGLAS
By:~r.~ ~
George F. ouglas, III
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COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF CUMBERLAND )
SS.
VERIFICATION
We verify that the statements made in the foregoing document are true
and correct to the best of our knowledge, information, and belief. We
understand that false staternents herein made are subject to the provisions of 18
Pa. C.S.A. S 4904 relating to unsworn falsification to authorities.
21;l~/() /
Date'
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Ra ond H. Hurley, Jr. . tf1iJ
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Donna R. Hurley . ..
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Settlement Statement
u.s. Dop;tlnuRI of Hou.ln.g
and LkbaR Dev81opmonl ~
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Type of Loan
1. 0 FHII
OMU No. 2502--04"S
2.0 FmHA
4. 0 VA 5.0 Cony. Ins.
NOTE: This form is lum\$hod 10 g"'o you U SUllo""'nl of acluul ..llIomont.cosls. Am unlS paid 10 and by Iho sohlamont eganl ara shown.
homs Il'\llrkod 'p.o...' WOrD paid outside 01 closing; Ihoy Me shown he,o lor formallonal purposo. and are nol Included In lho 10lals.
NAME AND AOORESS:.OF.. aORROWER:~~.t;.-!.i..1:'~;l':1~~"';';":':'~~':I.."" _'~~.",*.:l.4-l'....,.illo'~ '~. . ~~~+ ....._~. ...., .,............
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NAME AND ADDRESS OF SELLER: '
Estate of Albert E. Millicha
NAME. AND AOORess.-OF~LeNOER:ir~'" ~/.;~~~~w.w;:w;.,:;,:'.~l:i;':'<<"';:;~~~"! .w;:.:,.~~~~~:..:::....: +....:.;';..: ~. :-l'....:,..w..,:.e :'" ~
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PROPEATY ' ",
3.0 COny. Unins.Fi1e Number
L n Number
Mortgage Insurance Case Humber
LOCATION: 7571 Roxoor
. SETTl~M~~.:~!:,~r!.1#$~~'ftJ.~
I'LACE OF: SETJl.EMENT::;.7~
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SETTLEMENt DATE: ,Januar 9 1998
SUMMARY OF BORROWER'S TRANSACTION SUMMARY OF SELLER'S TRANSACTION
0, GROSS'AMOUNT'DUE'FAOM;'BOAAOWER:w~"",'!;,;<;,,~~\ iAMOUN'l!tDUEtTO\SEU:ER.~~""~~~
1. Conlf;U:' ..IOI:f'lk:..:~~,....."<lot'i~:~:~~l:~:~!~~.w*I~~~ ~~t.~~~ 401:f.COnliaa(~ i.te'~':"P;I~iJt~~;~_~~zt:(;;~~ .;~.... . :#i:~
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AOJUSTMENTS FOR ITEMS PAlO BY SELLER IN ADVANCE:
IIOJU
ENTS FOR ItEMS PAID BY SELLER IN ADVANCE:
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20. GROSS AMOUNT DUE FROM BORROWER: 420. GR 5S ,AMOUNT DUe TO SELLER:
DO. AMOUNTS PAID BY' OR'IN''BEHA~F''OF,'BORROWER:,~h.w.ii,'',~~~<t.~ 5OO~;iJ;;RED' C:rIONS"iN\I'AMOBNTlDuE'<<rotSEL1:ER:M<'!I~$i*",,,,,....;;;;;m~
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ADJUSTMENTS FOR ITEMS UN? AID BY SELlER:
509.
ADJU MENTS FOI'lITEMS UNPAID BY SELLER:
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PAID FROM PAID FROM
3,474.00 BORROWER'S SElI.ER'S
FUNDS FUNDS
AT AT
SElll.EMENT SETTI.EMENT
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nMED ON PnlCE
.57,900.00
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DIVISION OF COMMISSION (lINE 700) AS FOLLOWS:
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ITEMS PAYABLE IN CONNECTION wrrH LOAN:
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I. ITEMS REOUIREP BY LENDER TO BE PAID IN ADVANCE:
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300, ADDITIONAL SETTLEMENT CHARGES: ,
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220. 'TOTAL pAID BYIFOR ~."(; AL REDUCtiONS
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,IAN 2 3 2002
,\V
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DOUGLAS, DOUGLAS & DOUGLAS
..r
ATTORNEYS AT LAW
27 W. HIGH STREET
P. Q. BOX 261
WILLIAM P. DOUGLAS <Of
GEORGE F. DOUGLAS, m
CARLISLE, PENNSYLVANIA
17013-0261
GEORGE F. DOUGLAS, JR.
1925-1995
. ALSO ADMITTEO TO
PRACTICE IN FL.ORIOA
t CEFlTIFI~O AS A CIVIL TRIAL ADVOCATE BY
THE NATIONAL. BOARD OF TRIAL AOVOCAY
(717) 243-1790
FAX (717) 243-8955
January 21, 2002
NOTE TO COURT ADMINISTRATOR
FOR PURPOSES OF SCHEDULING THIS BENCH TRIAL, PLEASE NOTE'THAT
TARA L. ANDERSON, ONE OF,THE DEFENDANTS, IS THE DAUGHTER QF SHARON
ANDERSON, JUDGE BAYLEY" S SECRETARY.
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
.'
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one)
(
for JURY trial at the next term of civil court.
CAPTION OF CASE
(entire caption must be stated in full)
for trial without a jury.
.
...-.....-.---....-......--..----....--...-.---..-.~....---.....-~--..-_....-_....__......_...~.n___u....._._-..-.--.~.--~---......-.-.o..~---C5~~.--o
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Trespass (Motor Vehicle)::( '0
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( X' )
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(check one)
( x)
Assumpsit
_-.'-~l,
-----".,....
DONNA R, AND RAYMOND
H. HURLEY
Trespass
J:~
3:
'9
Pi'-
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(
{Plaintiff)
(other)
vs.
The trial list will be called on ,Feb. 12, 2'0'02
Il'
DALE W. KELLEY AND and
TARA L. ANDERS 'ON
Trials commence on
March 11;' 20'02
(Defendant)
Pretrials will be held onFeb. 2'0. 20'02._
(Briefs are due 5 days before pretrials.)
vs.
(The party listing this case for trial shall provide
brthwith a copy of the praecipe to all counsel,
pursuant to local Rule,214-1.)
No.
C"j 2'001-114'0 Civil
IVI_ ,
19 ___
Indicate the attorney who will try case for the party who files this praecipe:
BeOTge~F.,Douglas, III, Esquire, Attorney for Plaintiffs
Indicate trial counsel for other parties if known:
David A. Baric, Esquire, Attorney for Dale W. Kelley
Philip H. Spare, Esquire, Attorney for-Tara L._Anderson
This case is ready for trial.
Signed:
~. ~'6
Print Name:. George, F. Douglas, III, Esquire
January 21, 20'02
Date:
A ttn(npv frH.
Plaintiffs
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DONNA R. HURLEY, ET. AL.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 1140 CIVIL 2001
DALE W. KELLEY, ET. AL.
: CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 6th day of March, 2002, the Cumberland County Court of Common
Pleas hereby relinquishes jurisdiction over this matter due to a conflict of interest.
Argument on the case shall be heard by the Honorable Carol L. Van Horn of the Court of
Common Pleas of Franklin County.
By the Court,
cc: George F. Douglas, III, Esq.
David A. Baric, Esq.
Philip H. Spare, Esq.
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~9/01 MON 11:47 FAX 717 240 6573
coo CO PROTHONOTARY
1tJ001
ip o\1~.. (( ~l{Rl~ 'I "'''J R"'r",o"i
IL ~:hq'1.. \- c )' CI 1:( >.
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. . .' ,,'... "."'~"'''"'''''''' "",'~~'II"',H,~,....I,.." ... .,
C4P~... J~... L'~
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In The Cour~ of Co~n Ple~s of
CUlllbe.rland Couney. Pennsylvania
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'So.;)...gq(,
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,l, "..U I, I !lJ.. L !!,"'~,~ ",,'II,~I:' /, :~~I,:,
We do sol~ly ~ear (or affirm) that wa will suppore, obey and defend
the Constitution of the United States and the Consti~tio~ of this Comrnon-
w~th~d ~aJ: wa lli11 discharge ehe ducies of our. "fice with f,ideli';)I
UJ~ (~ 6~ . ~ y 'f.Ah\
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!ole. ehe undersiga.ed. arbitr..to!:'S, having been duly appoinced a.nd swo't'a
(or affirmed), make the following award:
(!lote: If damages for delay are aWiuqed, t:.hey shall be.
separately stated.)
\P.~ ""'~l<f 0.\ ","'...rJ I. fQ~.r ,F PL..o,;...'t-, ffo" Do...... R \-.(....yl-ey q...,B ~'ru.1
1\. \-\\.l,.l~y, ''< 1:1..(' ~"... ..f ^Q1IOD,cll. WJl h....J ""F...".~ ,f' D~f't..J<l.."t.
1'<>-0("'''- A...J"'d.... C\~J "i o.\IoS't l)'.f~..olQ..,;;:-\ p"l-€. Iv 1<"LLe.y 0" "t"-o{
L..i'''-r'$ cla,\'... "'i "-,...."'t- I.u.,..,
. Arbitraeor, dissents, (Insert name i:
--.~~.
NOTICE OF
Now, the./q day of tJOVt~~e.r:: ,~-!-, ac~, e.:1., the above
award. wa9I"'el1tered' up'on ehe docket and ~o11.tee thereol:,,-civen by _il co che
part:ies or their act:orneys.
Arbitrators' campensac10n
paid upon appeal:
$ J.qO,(;O
to be
(1 kAu4.J R ~'
-B J ;-" "y
By: ~ tv,. L-- fuI ~ '
," ,/Oe. UI;Y
~l:l.~lf;jirM\1!ili<l!li.;;;;g,"Milw,:i>fio:;g,'lB'jjj.J!I~liI~~1ibl;'I"':l',~~~lM,~t;~J'-\"'t;;;'::J!;\~-"i<'"-\Jf~d"-il"i.1"'i'~l,",,;"'Ec,.~,,~~Iiil..,,,,,~~~d:~
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SHERIFF'S .RETURN
REGULAR
CASE NO: 2001-01140 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HURLEY DONNA R JR ET AL
VS
KELLEY DALE W ET AL
SHANNON SUNDAY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
KELLEY DALE W
the
DEFENDANT
, at 0010:18 HOURS, on the 9th day of March
, 2001
at POE: MASTER MANUFACTURING
1078 HARRISBURG PIKE
CARLISLE, PA 17013
by handing to
DALE E. KELLEY
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
3.10
.00
10.00
.00
31.10
So Answers:
~~~..~~~
R. Thomas Kline
03/12/2001
DOUGLAS, DOUGLAS & DOUGLAS
Sworn and Subscribed to before
By:
0~y~~r~~'
me this 1'1 J.J;
day of
~,0 :U-P/ A.D.
(~7U.- t2 "M-ei<--/ ~
Prothonotary'
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-01140 P
COMMONWEALTH OF PENNSYLVANIA:
. COUNTY OF CUMBERLAND
HURLEY DONNA R JR ET AL
VS
KELLEY DALE W ET AL
KATHY J. CLARKE
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT & NOTICE
was served upon
ANDERSON TARA L
the
DEFENDANT
, at 0009:00 HOURS, on the 28th day of February
2001
at CUMBERLAND CO. SHERIFFS' OFF. 1 COURTHOUSE SQUARE
CARLISLE, PA 17013 by handing to
TARA ANDERSON
a true and attested copy of COMPLAINT & NOTICE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
.So Answers:
'~~~~t:~~
,R. Thomas Kline
03/12/2001
DOUGLAS, DOUGLAS
I
& DOUGLAS
Sworn and Subscribed to before
By:
De~{~Jif~
me this /9 ~
day of
~ ~/ A.D.
~c.~~
P otho~otary /
,
c
DONNA R. and RAYMOND
H. HURLEY,
Plaintiffs,
V.
DALE W. KELLEY and
TARA L. ANDERSON,
Defendants.
. .
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-1140 CIVIL TERM
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: Donna R. and Raymond H. Hurley
c/o George Doulgas, Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, Pennsylvania 17013
Tara L. Anderson
347 Bradley Lane
Shippensburg, Pennsylvania 17257
You are hereby notified that you have twenty (20) days in which to plead to the enclosed
Answer, New Matter and New Matter Pursuant To Pa.R.C.P. 2252( a)( 4) or a Default Judgment may
be entered against you.
Date: tfliPl
!!
Ii
OTIRIEN, B:;r
David A. Baric, Esquire
LD.#44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
i ..
1
"
,
DONNA R. and RAYMOND
H. HURLEY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs,
V.
NO. 2001-1140 CIVIL TERM
I
DALE W. KELLEY and
TARA 1. ANDERSON,
Defendants.
JURY TRIAL DEMANDED
,
ANSWER, NEW MATTER AND
NEW MATTER PURSUANT TO Pa.R.C.P. 2252(a)(4)
AND NOW, comes Defendant, Dale W. Kelley, by and through his attorneys, O'BRIEN,
BARIC & SCHERER, and files the within Answer, New Matter and New Matter Pursuant to
,
Pa.R.C.P. 2252(a)(4) and, in support thereof, !sets forth the following:
I
1. After reasonable investigationl Defendant is without knowledge or information
sufficient to form a belief as to the truth of th~se averments and they are, therefore, denied.
I
2. Admitted in part and denied il'\ part. Admitted only that Dale W. Kelley
previously resided at 467 Crossroad School Road, Carlisle, Cumberland County Pennsylvania.
After reasonable investigation, Defendant is without knowledge or information sufficient to form
a belief as to the truth of the remaining averments and they are, therefore, denied.
3. Admitted in part and denied in part. It is admitted only that the check attached as
Exhibit A was provided to the Defendants. The remaining averments are denied. By way of
further answer, the funds provided by Plaintiffs were never referred to as being a loan and no
agreement on repayment was ever reached or: made a condition of Plaintiffs for providing the
funds.
1
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,
I ,
,
. '
4.
Admitted in part and denied in part. It is admitted only that the check attached as
Exhibit B was provided to the Defendants. The remaining averments are denied. By way of
further answer, the funds provided by Plaintiffs were never referred to as being a loan and no
agreement on repayment was ever reached or made a condition of Plaintiffs for providing the
funds.
5. Denied. To the contrary, no such agreement was ever discussed or reached by any
of the parties.
6. Admitted in part and denied in part. It is admitted only that the funds provided
were used in the purchase of a property known as 7577 Roxbury Road, Shippensburg,
Pennsylvania. It is denied that the funds were "borrowed". Defendant incorporates his answer to
paragraph 4 as though set forth at length.
7. Denied. To the contrary, there is no balance due and owing the Plaintiffs and
Defendant is not aware of any payments having been made to Plaintiffs pursuant to any loan
agreement or other agreement of repayment.
8.(sic) WHEREFORE, Defendant requests judgment in his favor and against Plaintiffs
together with costs and expenses.
NEW MATTER
9. Defendant, Tara 1. Anderson, is the granddaughter of Plaintiffs.
10. At the time of purchasing the property known as 7577 Roxbury Road,
Shippensburg, Pennsylvania ("Roxbury property"), Tara 1. Anderson was not employed in a full-
time capacity.
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11. At the time of purchasing the 'Roxbury property, Dale W. Kelley was employed
full-time.
12. There was no agreement ever feached by Dale W. Kelley with the Plaintiff to
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repay any of the funds provided by the Plaintiffs.
13. Plaintiffs intended to gift the funds to their granddaughter to assist in the purchase
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of the Roxbury property. I
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14. At the time of purchasing the Roxbury property, Defendants entered into a
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mortgage and note with Countrywide Home Loans, Inc. in the principal amount of $52,100.00.
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15.
The Defendants resided in the Roxbury property from January 9,1998 through
October 31, 1999.
16. At no time during the residency of the Defendants at the Roxbury property did the
Plaintiffs make demand for repayment of the funds.
17. On or about June 11, 1999, Defendants sold the Roxbury property. A true and
correct copy of the deed of conveyance is recorded in the Recorder of Deeds Office for Franklin
County and is incorporated herein by referenee thereto.
18. At the time of sale ofthe Rox~ury property, Plaintiffs made no demand for
repayment of the funds provided. Proceeds to Defendants from the sale of the Roxbury property
were $12,526.28.
19. On June 28,1999, Defendants purchased a property known as Lot 2, Mandy
Meadows, Carlisle, Pennsylvania. A true and correct copy of the deed of conveyance is attached
hereto as Exhibit 1 and is incorporated. This property was subsequently known as 467 Crossroad
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School Road, Carlisle, Pennsylvania.
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20.
On June 28, 1999, Defendants entered into a construction loan with Countrywide
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Home Loans, Inc. for the construction of a residence on Lot 2, Mandy Meadows, Carlisle,
Pennsylvania in the principal amount of $131,765.00. A true and correct copy ofthe mortgage
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entered into by the Defendants in connection with the construction loan is attached hereto as
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Exhibit 2 and is incorporated.
21. A true and correct copy of the HUD-I Settlement Statement executed by the
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Defendants in connection with the construction loan is attached hereto as Exhibit 3 and is
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incorporated.
22.
Defendants leased back the R9Xbury property from the purchasers during
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construction of the new residence at 467 Crossroad School Road ("Crossroad School property")
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paying purchasers the sum of $500.00 per rnqnth for the period June 11,1999 to November 1,
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1999 as rent.
23. Defendants took up residence at 467 Crossroad School Road on November I,
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1999.
24. Defendant, Tara L. Anderson, Ileft the Crossroad School property on or about
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March 3, 2000.
25. On August 30,2000, Dale W. kelley filed an action in partition against Tara L.
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Anderson docketed to No. 2000-6001. The cprnplaint in partition filed to that number is
incorporated herein by reference.
26. Plaintiffs demand for repayment only occurred after the action in partition was
filed by Dale W. Kelley.
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WHEREFORE, Defendant requests judgment in his favor and against Plaintiffs together
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with costs and expenses.
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NEW MATTER PURSUANT TO Pa.R.C.P. 2252 (d) and
Pa.R.O-P.2252(a)(4)
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27.
Defendant, Dale W. Kelley, incorporates by reference paragraphs one through
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twenty -six as though set forth at length.
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28. Dale W. Kelley denies that he,is liable to Plaintiffs, if, however, any liability is
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found to exist, Defendant, Tara 1. Anderson is solely liable on the plaintiff's cause of action,
alternatively, Tara 1. Anderson is liable over ~o Dale W. Kelley on the Plaintiffs' cause of action
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or Tara 1. Anderson is jointly or severally liable with Dale W. Kelley on the Plaintiffs' cause of
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action. Liability of Dale W. Kelley on the pJjtintiffs cause of action is expressly denied.
29. During the period that Dale WI' Kelley and Tara 1. Anderson resided in the
Roxbury property, Tara 1. Anderson made no contribution to or against the expenses attendant to
the property, including, but not limited, mortgage payments, real estate taxes, hazard insurance or
utilities.
30. During the period that Tara 1. Anderson resided in the Roxbury property, Dale W.
Kelley paid expenses attendant to the property:
31. During the construction of the Crossroad School property, the Defendants were
called upon to make monthly payments of interest to the lender based upon the funds extended
through the construction loan. Interest payments during construction totaled $4,827.88.
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32. Tara L. Anderson made no contribution to the construction loan interest payments
charged by the lender during the period of construction.
33. Upon completion of construction of the Crossroad School property, the
Defendants took up residence in the property on or about November I, 1999.
34. The loan payment after construction of the Crossroad School property was in the
following monthly amount: principal and interest, $978.35, tax escrow, $173.33, hazard
insurance escrow, $19.08 for a total monthly payment of$I,170.76.
35. Tara L. Anderson has never made any contribution to payment of the interest
accruing during the construction of the Crossroad School property or to the monthly mortgage
obligation for the Crossroad School property,
36. For the period April I, 2000 through March 1,2001, Dale W. Kelley paid
$12,878.36 in mortgage payments for the Crossroad School property.
37. Dale W. Kelley made improvements to the Crossroad School property.
38. During the periods of their residency at the Roxbury property and the Crossroad
School property, Tara L. Anderson was completing her education at Shippensburg University.
Tara Anderson graduated from Shippensburg University in May, 1999.
39. Subsequent to completing her education and matriculating, Tara L. Anderson
moved out of the property at Crossroad School road.
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40. In connection with the construction of the Crossroad School property, Dale W.
Kelley paid the following costs for construction of the home above the contract price:
TOTAL:
41.
$ 180.54 electrical supplies for garage
$ 331.17 concrete under deck
$ 466.60 material for water softener
$ 133.86 drywall for garage
$2,338.36 extra charges from home builder
$ 934.20 extra for flooring in home
$4,384.73
Tara 1. Anderson made no contributions to the costs and charges set forth at
paragraph 40.
42. During construction of the Crossroad School property, Dale W. Kelley paid the
contractor the following costs above the contract price: Extras, $2,338.36 and flooring extra
$934.20. Tara 1. Anderson made no contribution toward these expenses.
43. Tara 1. Anderson and Dale W. Kelley entered into a loan obligation with
Members First Federal Credit Union, a true and correct copy of the loan agreement is attached
hereto as Exhibit 4.
44. Tara 1. Anderson made no contribution to repayment of the Members First loan
and Dale W. Kelley paid off the loan in full in the amount of$5,172.78.
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45. Tara 1. Anderson, as ajoint obligor, is obligated to make a proportionate payment
to Dale W. Kelley for the joint obligations of the parties which have been discharged at the sole
cost and expense of Dale W. Kelley.
46. The joint obligations for which Tara 1. Anderson is liable for contribution to Dale
W. Kelley are as follows:
Description
Amount
Proportionate Share
mortgage and escrow payments
for Roxbury property
$ 8,262.00
$ 4,131.00
rent of Roxbury property
$ 2,500.00
$ 1,250.00
interest during construction of
Crossroad School property
$ 4,827.88
$ 2,024.06
improvement costs for
Crossroad School property
and extra costs to contractor for
Crossroad School property
$ 5,957.68
$ 2,978.84
principal, interest and escrow
payments for Crossroad School property
$12,878.36
$ 6,439.18
Members First loan payoff
$ 5,172.78
$ 2,586.39
TOTALS:
$39,598.70
$19,799.35
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WHEREFORE, Defendant, Dale W. Kelley respectfully requests judgment in his favor
and against Tara L. Anderson as follows:
I) the sum of$19,799.35;
2) that Tara L. Anderson indenmify or make contribution to Dale W. Kelley for
and against any sum adjudged due to Plaintiffs;
3) costs and expenses and interest; and
4) any such other relief as the court may deem just.
dab.dirllitigation/keJley/answernew.mat
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Respectfully submitted,
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David A. Baric, Esquire
LD. # 44853
17 West South Street
Carlisle, P A 17013
(717) 249-6873
Attorney for Defendant,
Dale W. Kelley
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VERIFICATION
I verify that the statements made in the foregoing Answer, New Matter and New Matter
Pursuant To Pa.R.C.P. 2252(a)(4) are true and correct to the best of my knowledge, information
and belief. This verification is signed by David A. Baric, Esquire, Attorney for the Defendant,
Dale W. Kelley and is based upon the statements provided by the Defendant and other persons,
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as well as documents reviewed by the undersigned as attorney for the Defendant. This
verification will be substituted and ratified by a verification signed by the Defendant who is
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presently unavailable to sign said verification. I undersigned that false statements herein are
made subject to penalties of 18 Pa.C.S. S4904, relating to unsworn falsific . ons to authorities.
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David A. Baric, Esquire
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Dated:
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TAX PARCEL NO,: l./u-oq-OS.J/-
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Tllis Indenture, Made the 27 day of J UJUo..
One Thousand Nine Hundred and Ninety-nine (1999)
, in the year of
Between: HARRY H. FOX JR., and ANN G. FOX, his wife, ofDillsburg, PA
and
(hereinafter called the Grantor(s), of the one part,
TARA L. ANDERSON, SINGLE PERSON AND DALE W. KELLEY,
SINGLE PERSON, As Joint Tenants With Rights of Survivorship, of
Shippensburg, Pennsylvania
(hereinafter cal\ed the Grantee(s), of the
second part,
WITNESSETH, that the said Grantor(s), for and in consideration ofthe sum of
Thirty Three Thousand Nine Hundred ($33,900.00) Dollars, lawful money of the
United States of America, unto them well and truly paid by the Grantee(s), at or
before the sealing and delivery hereof, the receipt whereof is hereby
acknowledged, have granted, bargained and sold, released and confirmed, and by
these presents, grant, bargain and sell, release and confirm unto the said
Grantee(s), their heirs and assigns:
ALL THAT CERTAIN tract ofland situate in West Pennsboro Township,
Cumberland County, Pennsylvania, more specifically set forth in Exhibit "A"
attached hereto.
tioox 202 PAGE 821
EXHIBIT 1
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AND the said grantor/grantors do hereby SPECIALLY WARRANT the
property hereby conveyed.
IN WITNESS WHEREOF, I1We set our hands and seals the day and year first above
wrillen.
Sealed alld Delivered
ill the presellce of: /
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H RRYH.FO ,JR.
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ANN G. FOX
BOOK 202 PAGt 822
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EXHTRTT "A"
ALL THAT CERTAIN tract ofland situate, lying and being in West Pennsboro Township,
Cumberland County, Pennsylvania, heing more fully bounded and described as follows, to wit:
BEGINNING at a point in or near the center of Crossroad School Road (T -483); thence leaving
said roadway and extending along Lot No.3 ofthe hereinafter referred to subdivision plan the
following courses and distanees: 1) North 46 degrees 54 minutes 42 seeonds East, a distance of
180.099 feet to a point; 2) North 59 degrees 19 minutes 37 seconds West, a distance of76.423
feet to a point; 3) North 75 degrees 51 minutes 44 seconds East, a distance of245.227 feet to a
point at Lot No.5; thence along Lot No.5, South 43 degrees 21 minutes 17 seconds East, a
distance of 131.942 feet to a point at Lot No.1; thence along Lot No.1 South 55 degrees 23
minutes 03 seconds West, a distance of465.675 feet to a point in Crossroad School Road (T-
483); thence along the aforementioned roadway the following courses and distances: 1) North 52
degrees 54 minutes 43 seconds West, a distance of 126.877 feet to a point; 2) North 53 degrees
28 minutes 29 seconds West, a distance of74,671 feet to the point and Place of BEGINNING.
.
CONTAINING a gross area of2.150 acres and a net area of2.013 acres and being designated as
Lot No.2 on a Final Subdivision Plan of Mandy Meadows, prepared by Shelly & Witter,
Professional Land Surveyors. Said Plan is recorded in the Cumberland County Recorder's
Office in Plan Book 79, at Page 44.
UNDER AND SUBJECT, NEVERTHELESS, to all restrictions, easements, rights-of-way,
conditions and/or set-back lines of record and to the following deed restrictions which shall be
deemed to run with the land.
I, There shall be permitted no accumulation of debris, junk or unlicensed vehicles,
unless garaged.
2. There shall be no unenclosed dumping or stockpiling of any nature; however, stacking
of firewood for personal use shall be permitted.
.
3, All single story residential structures must have a minimum of 1200 square feet of
finished living area. All Bi-Level, Cape Cod or other 1.5 story residential structures must have a
minimum of 1500 square feet of finished living area. All two-story residential structures must
have a minimum of 1800 square feet of finished living area. Minimum square footage may be
waived by Developer, or his assigns, if in their opinion the dwelling is ofthe type that will, by
certain architectural characteristics, enhance the general neighborhood, irrespective ofthe
amount of gross square footage.
4. There shall be permitted no commercial d9g breeding or boarding operation
establishments. There shall be permitted no outside'dog enclosures larger than that sized for 2
dogs, ane;! no more than 2 dogs may be permitted outside of any residential structure.
5. Ther~ shall be permitted no com1l)ercial raising off owl, livestock, or hogs on the
BOOK 202 f.let 823
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property. Horses shall be permitted so long as the maintenance of horses is in accordance with
any local ordinances. ' .
6. All household pets shall be kept under control at all times.
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7. There shall be no commercial activities related to the care, breeding, keeping, raising,
or selling of fowl, livestock, dogs, or swine on the property.
8. In any disputes, disagreements, interpretations or definitions of these provisions, the
Developer shall have the right to make final binding decisions.
BEING PART OF the same premises which Donald 1. Myers and Tammy L. Myers, his wife, by
their deed dated October 12,1998, and recorded in Cumberland County records in Deed Book
187 at Page 79, granted and conveyed unto Harry H. Fox, lr. who is joined by his wife Ann G.
Fox, the Grantors herein. Ann G. Fox joins in this conveyance to convey any rights she may
have in said premises through her marriage to Harry H. Fox, lr.
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Bo'oL 202 PACt 824
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RECOr:~=:', ;:r ,~::[[)S
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'89 JUN 30
Arlll 29
WHEN RECORDED MAIL TO,
COUNTRYWIDE HOME LOANS, INC,
MSN SV.79/ DOCUMENT CONTROL DEPT,
P,O, BOX 10266
VAN NUYS, CALIFORNIA 91410.0266
LOAN #: 7B23500
SPACE ABOVE FOR RECORDERS USE
Prepared by: G. LATIN
ESCROW/CLOSING #:
MORTGAGE
THIS MORTGAGE ("Security Instrument") is given on June 2B, 1999
TARA L ANDERSON, AND DALE W KELLEY, HUSBAND AND WIFE
, TIle mortgagor is
("Borrower"). This Security Instrument is given to
COUNTRYWIOE HOME LOANS, INC.
which is organized and existing under the laws of NEW YORK . and whose address is
4500 PARK GRANAOA, CALABASAS, CA 91302-1613
("Lender"). Borrower owes Lender the principal sum of
ONE HUNDRED THIRTY ONE THOUSANO SEVEN HUNDRED SIXTY FIVE and 00/100
Dollars (V,S. $ 131.765.00 ). This debt is evidenced by Borrower's note dated the same dale as this Security
Instrument ("Note"), which provides for monthly payments, with the full debt. if not paid earlier, due and payable on
January 1. 2030 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the
Note. wilh interest, and all renewals. extensions and modifications of the Note; (b) the payment of all other sums, with interest,
advanced under paragraph 7 to prolect Lhe security of lhis SecurilY Instrument: and (c) the performmlce of Borrower's covenants
and agreements under this Security Insttument and the NOLe~ For L11is purpose, Borrower does hereby mortgage, grant and convey
to Lender tile [ollowing described property located in CUMgERLAND County, Pennsylvania:
SEE EXHIBIT 'A' ATTACHED HERETO AND MADE A PART HEREOF.
"
PENNSYLVANIA. Single Family. Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
G -6H(PAJ /94101,(11 'CHl.(10197) VMP MORTGAGE FORMS-t9001521-7291
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Pagglof8
Form 3039 9/90
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BooKi55.3 PAGE .944
EXHIBIT 2
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LOAN 11: 7823500
which has lhe address of LOT 2 MANOY MEAOOWS ,CARLI SLE
ISueet,Cily!
Pennsylvania 17013 - ("ProperlY Address");
(Zip Code I
TOGETHER WITH aU lhe improvements now or hereafler erected on lhe properly, and aU easements, appurtenances, and
fixtures now or hereafter a part of lhe properly, AU replacemenlS and additions shall also be covered by lhis Security InslrumenL
All of the foregoing is referred to in this Security Instrument as the "Propeny,1l
BORROWER COVENANTS !hal Borrower is lawfully seised of the estate hereby conveyed and has the right 10 mOltgage,
grant and convey lhe Property and mat the Property is unencumbered, except for encumbrances of record. Borrower warrants and
will defend generaJJy the title 10 the Properly agwnst aJJ claims and demands, subjecLlO any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenanlS with limited
variations by jurisdiction to constitute a uniform security insU'Ument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the
principal of and interesl on the debt evidenced by the Note and any prepaymenl and late charges due under the Note.
2. Funds for Taxes and Insurance. Subject to appiicable law or to a written waiver by Lender, Borrower shall pay to
Lender on the day monthly paymenlS are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly laXes
and assessmenlS whIch may allain priority over lIlis Security Inslrument as a lien on the Property; (b) yearly leasehold payments
or ground renlS on the Properly, if any; (c) yearly hazard or properly Insurance premiums; (d) yearly flood insurance premiums, jf
any; (e) yearly morlgage insurance premiums, if any; and (I) any sums payable by Borrower 10 Lender, in accordance with the
provisions of paragraph 8, in lieu of me payment oC mortgage insurance premiums. These hems are called "Escrow hems."
Lender may, at any time, coIlcet CUld hold Funds in an amount not La exceed the maximum amount a lender for a federally related
mOrlgage loan may require for Borrower's escrow account under the federal Real Estate Seulement Procedures Ael of 1974 as
amended from time lo time, 12 U.S.C. Section 2601 el seq, ("RESPA"), uniess anoUler law thal applies 10 the Funds sets a lesser
amount. If so, Lender may, at any time, collect and hold Funds in an amount Dot to exceed the lesser amount Lender may
estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or
otherwise in accordance with applicable Jaw.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (inCluding
Lender, if Lender is such an institution) Of in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow
Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying
the Escrow looms, unless Lender pays Borrower intcrest on me Funds and applicable law pennhs Lender [0 make such a charge.
However, Lender may require Borrower 10 pay a one-Lime charge for an independent real estate laX reporLing service used by
Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law
requires interesllo be paid, Lender shall nol be required 10 pay Borrower any interesl or earnings on the Funds. Borrower and
Lender may agree in writing, however, lIlal interest shall be paid on the Funds. Lender shall give 10 Borrower, withoul charge, an
annual accounting of the Funds, showing credits and debilS 10 the Funds and the purpose for which each debitlo the Funds was
made. The Funds are pledged as additional securily for all sums secured by this Security InstrumenL
If the Funds beid hy Lender exceed U,e amounlS permilted La be held by applicable law, Lender shall accounlLa Borrower for
the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is
not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Borrower shaH pay
to Lender the amount necessary lO make up the deficiency. Borrower shall make up !he deficiency jn no more than twelve
monthly payments, at Lender's sole discretion.
Upon payment in full of all sums secured by lhis Security Instrument, Lender shall promptly refund to Borrower any Funds
held by Lender. If, under paragraph 21, Lender shall acquire or selllhe ProperlY, Lender, prior to the acquisition or sale of lhe
ProperlY, SllOlI apply any Funds held hy Lender al the time of acquisition or sale as a credit against the sums secured by lhis
Security InstrumenL
3. Application of Paymenls. Unless applicabie law provides otherwise, all payments received by Lender under paragraphs
I and 2 shall be applied: flfSl, lo any prepaymenl charges due under the Note; second, 10 amounlS payable under paragraph 2;
third,1O interesl due; fourth, 10 principal due; and iasl, lO lilY lute charges due under the NO\e.
4. Charges; Liens. Borrower shall pay all lllxes, assessments, charges, fines and impositi~ns aUrlhulllhle 10 the Property
which may aualn priorily over this Securhy Ioslrumenl, and leasehold paymenlS or ground reolS, if any. Borrower shall pay these
obligations in the manner provided in paragraph 2, or if nol paid in !hal manner, Borrower shall pay them on lime direcdy 10 the
person owed paymenl, Borrower, shall promptly furnish 10 Lender "'I notices of amo~nlS ~ be ~aid under this paragraph. If
BOrrower makes these payments dlTcclly Borrower shall promptly rumlsh to Lender receipts eVldencmg the payments.
, Form 3~ ~90
.. .6H{PAl (9410J.01 CHL(10197) Pall,hlll: ,,,1-11,,,:
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Bood553 fAGE .945
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LOAN II: 7823500
Borrowcr shall promptly dischargc I.lllY licn which hns priority over this Security InslIlIlllcnt unlcss Borrower: (n) agrees in
writing to the payment of the obligation secured by thc licn in a manner acceJltable La Lender; (b) contests in;good faith the lien
by, Of defends against enforcement of the lien ill, 'eg~11 proceedings which ill tile Lender's opinion OrlC~~UC to prevellt the
enforcement of the lien; or (c) secures from the holder of the Iicn un ngrcelllclll sntiSr<lCUlry to Lender suhordinntil1g the lien to
this Security InstJ'lnllcllt. If Lender determines that any pllrl of Ihe Property is subject to a lien which may ntlni,n priority ovcr this
Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more
of the actions set forth above within 10 days of the giving of notice.
5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property
insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, i:ncluding noods or
nooding, for which Lender requires insurance. This insurance shall he maintained in the amounts and for the periOdS that Lender
requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's appro'val which shall not
be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain
coverage to protect Lender's righLs in the Property in accordance with paragraph 7.
All insurance policies and renewals shall be acceptable lo Lender and shall include a standard mortgage clause. Lender shall
have the right to hold the policies and renewnls. If Lender requires, Borrower shall promptly give to Lender':all receipts of paid
premiums and renewal notices, In the event of loss, Borrower shall give prompt notice to me insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower.
Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the
Property damaged, if the restoralion or repair is economically feasible and Lender's security is not lessened. If the restoration or
repair is not economically feasible or Lender's security would be lessened, tJle insurance proceeds shall be applied to the sums
secured by this Security Instrument, whclhcr or not then due, wilh any excess paid to Borrower. If Borrower abandons the
Property, or docs not answer within 30 days a notice from Lender that the insurance carrier has offered to :settle a claim, then
Lender mny collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured
by (his Seeurity InS/IUmen!, whether or not (hen due. The 3D-day period will begin when (he notice is given.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not' extend or postpone
the due date of tlle montl1ly payments referred to in paragraphs I and 2 or change tIle amount of the payments. If under paragraph
21 the Property is acquired by Lender, Borrower's right to WlY insurWlee policies and proceeds resulting from damage to the
Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately
prior to (he acquisition.
6. Occupancy, Preservatiun, Maintel1uncc and Protection of the Property; Borrnwer's Lmm Application; Leaseholds.
Borrower shall occupy. establish, and use the Property as Borrower's principal residence within sixty days after the execution of
this Security Instrument and shaH continue to occupy the Property as Borrower's principal residence for at leaSt one year after Lhe
date of occupancy, unless Lender otherwise agrees in writing. which consent shall not be unreasonably withheld, or unless
exlenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property,
allow the Property to deteriorate, or commit wasle. on the Property. Borrower shall be in default if any forfeiture action or
proceeding, whelher civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Propeny or
otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may ClIre such a
default and reinstate, as provided in paragraph 18. by causing the action or proceeding to be dismissed with a ruting that, in
Lender's good faith detennination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of
(he lien created by this Security Ins/IUment or Leuder's securily interesL Borrower shall also be in defaulllf Borrower, during the
loan application process, gave materially false or inaccurate information or statements to Lender (or failed 10 provide Lender with
any material information) in connection with the loan evidenced by the Note, including, but not limited to. representations
concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a -leasehold, Borrower
shalt comply with all the provisions of the lease. If Borrower acquires fee Otle to the Property, the leasehold and the fee title shall
not merge unless Lender agrees (0 (he merger in writing.
7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in
this Security lnslrument, or Lhere is a legal proceeding that may significantly affect Lender's rights in the;Property (such as a
proceeding in bankruptcy, probate, for condemnation Dr forfeiture or to enforce Jaws or regulations), then Lender may do and pay
for whatever is necessary to protect the value of Ute Propeny and Lender's rights in the Property. Lender's actions may include
paying any sums secured by a lien which has prioriLy over this Security Instrument, appearing in court, paying reasonable
attorneys' fees WId entering on tile Property to make repairs, Although Lender may take action under this paragraph 7, Lender
does not have Lo do so.
G.eH(PA) 194101.01
@
CHL (10/97)
Page3016
Form 31{ ~o
lnlllol,,:
I) IN \<.
Bood553 rAGE .9 t.j 10
, ,~
" '.i~' ~'>._
" ,,~ , ,
',.&'
LOAN II: 7823500
Any amounts disbursed by Lender under Lhis paragraph 7 shall becomc addition~1 debt of Borrower secured by this SecuriLy
InSLrument. Unless Borrower and Lender agree La other terms of paymcm. Lhese amounts shall bear interest from the date of'
disbur~emenL aL the Note rate and shall be payable, wilh interest, upon notice from Lender to Borrower requesting payment. :
8, Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security!
Instrument, Borrower shall pay the premiums required lO maintain the mortgage insurance in effect. If, for any reason, the
mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to
obtain coverage substantially equivalent to Lhe mortgage insurance previously in effect, at a cost substantially equivalent to the
cost to Borrower of the mortgage insurance previously in effect, from an altemale mortgage Insurer approved by Lender. If
substantially equivalent mortgage insurance ~verage is not available, Borrower shall pay to Lender each month a sum equal to
one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to
be in effec," Lender will accept, use and retain these payments as a Joss reserve in lieu of mortgage'insurance. Loss reserve
paymcllts may no longer be requiretl, 11t Ihe opLion of Lender, if mortgage insunmce covcrage (in the amount and for the period
that Lct'lder requires) provided by an insurcr approvetl by Lender again becomes available and is obtained. Borrower shall pay the
premiums required to mainlain mortgage insurance in cffect, or to provide 11 loss reservc, until the requirement for mortgage
msurance ends in accordance with any written agreement betwccn Borrower and Lender or applicable law.
9.1nspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give
Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection.
10. Condemnation. The proceeds of any aw~ or claim for damages, direct or consequentiaJ, in connection with any
condemnaLion or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and
shall be paid to Lender.
In the event of a total taking of the Properly, the proceeds shall be applied to the sums secured by this Security Instrument,
whelher or not then due, wilh any excess paid to Borrower. In the event of a partial laking of the Property in which the fair
market value of the Property immediately before the laking is equal 10 or greater Iban the amount of the sums secured by this
SecurHy Instrument immedialcJy before the wking, unless Borrower 1>>I1J Lender othcrwjse agree in writing, 1he sums secured by
this Securily JnstrumenL shall be reduced by Lhe amount of the proceeds multiplied by the following fraction: (a) the total,amouIlt
of the Sums secured immedialely beforc the laking, divided by (b) Ole fair marke, value of the Property immedialely before the
taking. Any balance shall be paid to Borrower. In the event of a partial taking of thc Property in which the fair market value of
the Property immedialely before the taking is less than the amount of the sums secured immediately before the taking, unless
Borrower and Lender otherwise agree in writing or unless ~pplicable law otherwise provides, the proceeds shaH be applied to the
sums sc:;cured by this Security Instrument whether or not ~e sums are then due.
If the Properly is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an
award br settle a claim for damages, Borrower fails to respand to lender within 30 days after the date the notice is given, Lender
is auth~rized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured
by this SecuriLy Insh11ment, whether or noL lhen due.
Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principaJ shall not extend or postpone
Lhe due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments.
11. Borrower Not Released; Forbearance By ,Lender Not a Waiver. Extension of the time for payment or modification
of amortization of the sums secured b)' this Secunty Instrument granted by Lender to any successor in interest of Borrower shall
not operate to release ilie liability of the original Borrower or Borrower's successors in interest Lender shall not be required to
COlnmetJ,ce proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of
the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors
in intcr~L Any forbearance by Lender in exercising any right or remedy shall 'not be a waiver of or preclude the e~ercise of any
right or remedy,
12. Successurs and Assigns Boundj Juint and Several Liabilityj Co~signers. The covenants and agreements of this
Security Instrument shall bind and benefiL tlle successors and assigns of Lender snd Borrower, subject La lhe provisions of
paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security
Instrument but does not execute the NOle: (a) is co-signing this Security Instrument only to morLgage, grant and convey that
Borrower's interest in the Property under the terms of tllis Security Instrument: (b) is not personally obJigated to pay the sums
secured by this Security Instrument; and (e) agrees thaL Lender and any other Borrower may agree to extend, modify, forbear or
make ally accommodations with rcgard to the tcrms of this Security Instrumem or the Note wilhout thaL Borrower's consent.
13. Loan Charges. If the loan secured by Lhis Security InsLrument is subject to a law which s~ts maxim~m lo~ charges,
and that law is finally interpreted so that the interest or other loan charges collected or to be collected m connecuon WIth Lhe loan
exceed the permItted limits, then: (a) any such loan charge shall be reduced by the amount n~e~sary, La reduce the charge 10 the
permitted limit; and (b) any sums a~eady collecled from BorroY'e~ which exceeded permltled lImits wIll be relunded to Borrower.
Lender may choose to m~e Lhis refund by reducing the principal owed under the Note or by mak10g a dJI"CCt payment to
Borrower. If a refund reduces principal, the reduction will be treated as a partial prepaymenl without any prepayment charge
under the NOle, d I' , , b 'li'
14. Notices. Any notice to Borrower provided for in mis SecuriLy Inslrume~t shall be giv~n by e IVenng It or y mw ng It
by first class mail unless applicable law requires use of anoOler mcth?d. The noUce shall be directed to the Proper!y Address ~r
any other address Borrower designates by notice to Lender. Any noupe to Lender shall be glv~n by fir~t class ~ad t~ Lend~ s
address SUited herein or any other address Lcnder designates by noUce to ~orrower. A!ly n~uce. prOVided for 10 lhls Secunty
Instrument sha!l be dccll~ed to have been given La Borrower or Lender when gIVen as prOVided m thiS paragraph.
.. -6H(PA) (9410).01
.
CHL (10/97)
Paga4016
Form 3039 9/90
Inlllals:'~
D"-''':''
BooKi553 PAGE .947
.
"'~ "
~
"~.
...,
LOAN II: 7823500
15. Gn\'erning Law; Severability. This Security Illlilnnllcnt shall he governed by [elleml taw and lhc luw of Ole
jurisdiction in which the ProperlY is located. In Ute event that any provision or clause of !his Security Instrument or the Note
connie...,; with applicable law, such conflict shall not alTeet olllCr provisions of this Security Instrument or the Note which can be
given effect n-ithou! Lhe COIIWClillg provi.~jon. To 111;5 Clld,lhc pmv;sioru; of Ihis Sccurity Instrument and the' NOlC UfO tlcclnrcd 10
be severable.
16. Uurrower's Copy. Borrower shull he ~ivcll olle conformel! copy of the Note nnd of this Security Instrument.
17. Transfer of the Property ur a Uencficlulln'erest in Borrower. If aU or any part of the Property or any il\lcrcs( in i( is
sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a n.atural person) -without
Lender's prior written consent, Lender may, at its option. require immediate payment in full of all sums sedured by this Security
Instrument. However, this option shall not be exerCised by Lender if exercise is prohibited by federal law as of the date of this
Security Instrumenl.
If Lender exercises this option, Lender shall give Borrower notice of acreleradon. The nolice shall provide a period of not less
than 30 days [rom the date the notice is delivered or mailed within whicll Borrower must pay all sums secured by this Security
Instrument. If Borrower fails to pay these sums prior to me expirauon of this period, Lender may invoke any remedies permiUed
by lIlis Security Instrument wilhout further notice or demand on Borrower.
18. Borrower's Right tn Reinstate. If Borrower meets certain conditions, Borrower shall have tile right to have
enforccment of lhis Security Instrument discontinued at any lime prior to the earlier of: (a) 5 days (or such other period as
8ppJicilhlc law may specify for rcinslatemcnt) before snle of the ProperLy plJrsuam In allY power of sale contained in "lis Secur;1.y
Instrument; or (b) entry of njudgment enforcing 1Ilin SCl'urity Il1slrU1I1enL. Those conditions arc Ihal Borrower: (a) pays Lemler all
sums which lIlen would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any
defaull of any other covenants or agrccmenL';: (c) pays ull expenses incurred in enforcing Ulis Security .Instrument, including, but
not limited to, reasonable attorneys' fees; and (d) takcs such"tlcuon as Lender may reasonably rcquire to assure lhatlhe lien of tillS
Security In.';lrumenl, Lender's righL<;' in the ProperLy and Borrower's ohligation to pny the sums secured by this Security
Instrulllclll slmll continue unchanged. Ullun reinSI~llel\lCl\l hy Borrower, Ulill Securily Instrul1\cl1l mltl Ihe nhligmiulls sccllrc.t1
hereby shall remain fully effective as if no acceleration had occurred. However, Ulis right to reinSl.!l1e sl1alll1ot apply in U\e ca.'\e of
acceleration under paragraph 17.
19. Sule {If Note; Change or Lmm ServkeC'. TIle Note or a partial imcrc8l ill the NOlC (together with this Sccnrily
InstTumcnl) may be sold one or more limes without prior notice 10 Borrower. A sale may result in a change in Ole enlity (known
as me "Loan Servicer") tilat collects monthly payment'; due under the Note and Ulis Security Instrument There also may be one or
more changes of the Loan Servicer unrclalcd lo a solc'of lhe Nole. If lhere is a change of U\C Lmm Servker, Borrowcr will be
given weinen noLice of Lhe change in accordance with paragraph 14 above and applicable law. The notice wiU state the name and
address of the new Loan Servicer and the address to which payments should be made. TIle notice wiU also contain any oUter
information required by applicable Jaw.
20. Hazardous Substances. Borrower shall not cause or'"permit the presence, use, disposal, storage, or release of any
Hll1.ardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property
thal is in violation of any Environmental Law. 'Ole preceding two sentences shaH not apply to the presence, use, or storage on tile
Property of small quantities of Hazardous SubstBnces tlJat are generally recognized to be appropriate to normal resjdentiaJ uses
and 10 mainlenance {)f the Properly.
Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by "ny
governmental or regulatory agency or private parly involving the Property and any Hazardous Substance or Environmental Law
of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmenLal or regulillOry authority, that any
removal or olber remediation of any Hll2llTdou. Subslance affecting Ibe Property i. necessary, Borrower shall promptly take all
necessary remedial actions in accordance wiOI Environmental Law. .
As used in Lhis paragraph 20, "Hazardous Subsl3llces" are those substances defined as toxic or hazardous substances by
Environmental ,Law and the fonowing substances: gasoline, kerosene, other flammable or toxic pcU'oteum products, toxic
pestlcides and herbicides, volatile solvenls, malerials conraining asbeslOS or fonnaldehyde, and radioactive materials. As used in
Ibis paragraph 20, "Environm"Ulf Law" means federal laws and laws of the jurisdiction where the Property is localed thai reJale
10 health, SarelY or environmenUlI protection.
NON-UNIFORM COVENANTS. Borrower and Lender turther covenant and agree as tallows:
21. Acceleration; Remedies. Lender shall give nutice to Borrower prior to acceleration following Borrower's breach of
any covenant or agreement in this Security Instrument (but not prior (0 acceleration under paragraph 17 unless
applicable law provides otherwise). Lender shallnolify Harrower of, among other things: (a) the default; (b) the aclion
required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may
result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding ond sale of the
Property. Lender shall' further inform Borrower of the right to reinstate after acceleration and the right to assert in the
fore<::lnsure proceeding the non~existence flf a default or any other defense of Borrower to acceleration and foreclosure. If
the default is not cured as specified, Lender, at its aption, may require immediate payment in rull ot all sums secured by
this Security Instrument without further demand and may foreclose tJlis Security Instrument by judicial proceeding.
Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including,
but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law.
em .SH(PA) 19410).0\
~
CHL (10f97)
Page5016
Form 3039 9/90
lnltlals:"1.LC1-
DW\(.
.Bood55J PAGE .948
~ ,'"
J.,~ ,'",' ,;;",;,.
~ ~'1:l
LOAN II: 7823500
22. Release. Upon payment of all sums secured by this Security Inslfument, this Security Instrument and lhe estate
conveyed shall lermjnal.e and bec.omc vojQ. After such oct:urrcnce. Lender shall djscharge and satisfy this Security JnS!lumcnllo
Borrower. Borrower shall pay any recordauon costs. Lendcr may charge Borrower a fee for releasing this Security InslIument, but
only jf the fec is pajd to a third party for scrvjces rendered and Lhe charging of the fee js pcrmhled under appJicable Jaw.
23. Waivers. Borrower, to lhe extent permilted by applicable law, waives and releases any error or deCects in proceedings lO
enforce this Security Instrument, and hereby waives the benefit of any present or future Jaws providing fOf Stay of execution,
eXLCllsion,oftime, exemption from ulIachment, levy and sale, and homeslead exemption.
24. Reinstat~ment P~riod. Borrower's time to reinstate provided in paragraph J8 shall extend to one hour prior LO Lhe
commencemenl of bidding al a sheriff's sale or other sale pursu:mllo this Security Instrument
25. P'urcJmse Money Mortgage. If any of the debt secured by this Security InSlIUment is lent to Borrower to acquire Litle to
ilie Propeny, this Securily Instrumenl shall be a purchase money mortgage, I
26. Interest Rate After Judgment. Borrower agrees thal the interest rate payable after a judgment is entered on the Note
or in an action of mortgage foreclosure shall be the rale payable from time lo time under lhe Note.
21. Riders to this Security Instrument. If one or more riders are executcd by BOlTOwer and recorded logelher with this
Security Instrument, the covenants Wld agreements of each such rider shall be incorporated into and shall amend and supplement
the covenants and agreements of lhis Security InslIumcnl as if the rider(s) were a pan of this Security Instrument
[Check applicable box(es)]
o Adjustable Rate Rider(s)
o Graduated Paymenl Rider
o Balloon Rider
OVA Rider
o Condominium Rider
D Planned Unil Developmem Rider
o Rmc Improvement Rider
o OUler(s) [specify]
01-4 Family Rider
o Biweekly Payment Rider
o Second Home Rider
BY SIGNING BELOW. Borrower accepts and agrees lo the terms and covenants contained in this Security Instrument and in
any rider(s) execut.c<l by Borrower and recorded with h,
Witn s:
\tW,I h. (A"'~I~
TARA L ANDERSOII
(Seal)
-Borrower
~ ~ 'iattLa
DALE W KELLEY .
(Seal)
.Borrower
(Seal)
.Borrower
(Seal)
.l3arrower
CcrWkale /if W.jdenCe
I, L') lJj\....,
me within-name ortgagee is
WiUless my hand this
L-/5lJO
ygJ-h
PCU1l.-
bt~' dOcLl7J1:a"Wo~a~/~L
day of
~
, rClq< .
u-Juu..=
AgemofMortgagcc
COMMONWEALTH OF PENNSYLVANIA, wniBE. ~ County ss:
On this, the 8 ~Dln day of ~ ' q q , before me, the und~s!J:?,~.~ officer,
..- ",....:~, .'J
Personally appeared ." \,\..,~......, .{J"-,
, '""l~ n " I ". (I " ^ 0 . , I .'. 'J "11~'h..' ~J -,,'
~ l;;::i..~ vv ~ ~'r"' " ~f'lt;.'J!""/. ~t
'1C0\u \-' em known 10 me (or sati.i~mj~;Jirih;n~>>.be;!J;~
/'.,n th ~'" ',!.i" ..,\'," "
person S whose name ~ ~ubscrib~lOthewjthininstrumenlandaeknowled ed al :: . - ':.Or:r.{f...J,;1f~~'
executed the same for lhe purposes heretO conlalOed. ~' ,':.~'l . ~~:*::'
IN WITNESS WHEREOF. I hereunto sel my hand and official seal.
My Commission Expires:
G -6H(PA) 194101,01
@
CHL (10197)
'id, of Om", . N(J1'AflIAl SEAl
P.g.. 'DAWNMAflIESIIOORNarARYPUBLlD' rm3D39 919D
Shlppenaburg. Cul1lberlandCountY. PA
My Commission Expires Febrlllf'{ 6. 2000
.BooK1553 PACE S49'
~" ' "
L~ ,I ~h,. "
"";
SCHEDULE "Au
ALL that certain tract of land situate, lying and being in West Pennsboro
Township, Cumberland County, Pennsylvania, being more fully bounded and
described as follows, to wit:
BEGiNNING at a point in or near the center of Crossroad School Road (T-
483); thence leaving said roadway and extending along Lot No.3 of the
hereinafter referred to subdivision plan the following courses and distances; (1)
North 46 degrees 54 minutes 42 seconds East, a distance of 180.099 feet to a
point; (2) North 59 degrees 19 minutes 37 seconds West, a distance of 76.423
feet to a point; (3) North 75 degrees 51 minutes 44 seconds East, a distance of
245.227 feet to a point at Lot No.5; thence along Lot No.5, South 43 degrees
21 minutes 17 seconds East, a distance of 131.942 feet to a point at Lot No.1;
thence along Lot No.1, South 55 degrees 23 minutes 03 seconds West, a
distance of 465.675 feet to a point In Crossroad School Road (T-483); thence
along the aforementioned roadway the following courses and distances; (1)
North 52 degrees 54 minutes 43 seconds West, a distance of 126.877 feet to a
point; (2) North 53 degrees 28 minutes 29 seconds West, a distance of 74.671
feet to the point and place of BEGINNING.
CONTAINING a gross area of 2.150 acres and a net area of 2.013 acres
and being designated as Lot No.2 on a Final Subdivision Pian of Mandy
Meadows, prepared by Shelly & Witter, PLS. Said plan is recorded in the
Cumberland County Recorder's Office in Pian Book 79, Page 44.
BEING that same real estate that Harry H. Fox, Jr., and Ann G. Fox, his
wife, by their deed and intended to be recorded prior to the recording of this
mortgage In the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, conveyed to Tara L. Anderson and Dale W. Kelley, single persons,
Mortgagors herein.
BooK1553 PAGf .950
,"
,
,I=,..j,
'"
o.""'~~' "iL'"
DEED OF TRUST, MORTGAGE RIDER
FOR CONSTRUCTION LOAN
THIS DEED OF TRUST, MORTGAGE RIDER FOR CONSTRUCTION LOAN
(this "Rider") is made as of June 28. 1999, and is incorporated into and shall be deemed
to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security
Instrument") of the same date given by the undersigned ("Borrower") to secure
Borrower's Note (the "Note") to COUNTRYWIDE HOME LOANS, INC. (the
"Lender") and covering the properly described in the Security Instrument and located at:
Lot 2 Mandv Meadows, Carlisle. FA 17013 (the "Property").
ADDITIONAL COVENANTS. In addition to the covenants made in the Security
Instrument, Borrower further covenants and agrees as follows:
1. Construction Loan Agreement. Concurrently herewith, Borrower has
executed and delivered to Lender that certain Construction Loan Agreement with Security
Agreement (the "Loan Agreement") and that certain Construction Loan Addendum to
Note (the "Addendum"), The Security Agreement shall also secure Borrower's
performance of Borrower's payment and performance of the terms and conditions of the
Loan Agreement and the Addendum. A default by Borrower under the terms and
conditions of the Loan Agreement or the Addendum (including but not limited to the
obligation to complete the Improvements in accordance with the terms of the Loan
Agreement) shall constitute a default under the Note and Security Instrument and entitle
Lender to all rights and remedies thereunder. All terms not otherwise defined herein shall
have the meaning ascribed thereto in the Loan Agreement.
2. Advances. The loan evidenced by the Note will be advanced to Borrower
pursuant to the Loan Agreement. Lender shall not be obligated to advance on a
cumulative basis any sums in excess of the face amount of obligations evidenced by the
Note; provided however the amounts secured hereunder shall include such principal
amount, whether advanced as of the date hereof or in the future, together with such other
expenditures by Lender made in accordance with the Loan Agreement or the Security
Agreement, all just as if the advance or other expenditure was made on the date of this
security instrument. Such other expenditures include, but are not limited to, advances for
taxes, assessments, maintenance charges, insurance premiums or costs incurred for the
protection of the Property or the lien of the Security Instrument, or expenses incurred by
Lender by reason of default by Bormwer under the Security Instrument, or for any other
costs incurred by Lender to protect and preserve the Property, all as described in 42 Pa.
C,S.A. Section 8144, The total amount of the indebtedness secured by this Security
Instrument may increase or decrease from time to time, but the total unpaid balance
secured by this Security Instrument shall not exceed two times the amount of the Note,
together with accrued interest and all of Lender's costs, expenses, and disbursements
made under this Security Instrument. Borrower and Lender have not contracted to
require written notation or evidence bf each future advance tobe made under the Note,
BooK1553 PAGE .951
V,,",",'''
,l. ._
,I" I
c-", ,
. ,"
J. Security Agreements; Fixture Filing. As such terms are defined in the
applicable State Commercial Code, the "Debtor" is Borrower, having an address of the
Property, and the "Secured Party" is Lender, having an address for the transaction of
business as shown for Lender on the first page of the security instrument. The term
"Property" as used in the Security Instrument shall also include all items of personal
property of any kind whatsoever, building materials, appliances, equipment, machinery,
goods and fixtures (collectively, "personal property") now or hereafter located on or
attached or affixed to the real property described therein, the cost of which was paid, in
whole or in part, from the proceeds of the loan made by Lender to Borrower pursuant to
the Loan Agreement and Borrower hereby grants to Lender a security interest in and to
the personal property and all proceeds hereof. To the extent of the existence of personal
property encumbered by the Security Instrument, as herein modified, the Security
Instrument constitutes a security agreement and is intended to create a security interest in
such personal property in favor of Lender and to constitute a "fixture filing" in
accordance with the provisions of the Uniform Commercial Code of the state where the
real property is located, and all rights and remedies of a secured party under the Uniform
Commercial Code in the event of any breach of any covenant or agreement in the Security
Instrument. The Security Instrument shall be self-operative with respect to such personal
property, but Borrower shall execute and deliver such financing statements, security
agreements or other instruments as Lender may request in order to perfect Lender's
security interest in the personal property; notwithstanding however Borrower authorizes
Lender as the Secured Party to file such other financing statements as Secured Party may
believe appropriate, without obtaining the signature of Borrower as Debtor. The Security
Instrument constitutes a fixture filing with respect to any and all fixtures or any goods
which may now he or may hereafter hecome fixtures included within the term "Property,"
4. Construction Period. The provisions of this Rider shall govern
Borrower's obligations and rights on and after the date hereof until the Completion Date,
On and after the Completion Date, the terms of this Rider shall be terminated, and the
terms of the Security Instrument shall continue in full force and effect and shall control
Borrower's rights and obligations with respect to Lender, in accordance therewith.
Except as modified, amended or supplemented herein, all other terms and conditions of
the Security Instrument shall remain unchanged and shall be applicable and govern on and
after the date hereof until the Note is paid in full,
5. No Termination of Future Advances. If Borrower sends a written notice
to Lender which purports to limit the indebtedness secured by the Security Instrument and
to release the obligations of Lender to make any additional advances to Borrower as
contemplated by the Note and Loan Agreement, such notice shall be ineffective as to any
future advances made: (a) to enable completion of any improvements to the Property as
contemplated by the terms of the Note and Loan Agreement; (b) to pay taxes,
assessments, maintenance charges and insurance premiums; ( c) for costs incurred for the
protection of the Property or the lien of the Security Instrument; (d) for expenses incurred
by Lender by reason of a default by Borrower hereunder or executed and delivered in
BooK1553 PAGE .952
""'['~"""
"
_I- ,
.,
''';0'-
, .
connection therewith; and (e) for any other costs incurred by Lender to protect and
preserve the Property, It is the intention of the parties hereto that any sueh advance made
hy Lender after any such notice by Borrower shall be secured by the lien of the Security
Instrument on the Property. The receipt by Lender of any such notice from Borrower
shall constitute a default hereunder, whether or not such notice is sent pursuant to the
provisions of 42 Pa. C,S.A, Sections 8143(B) Or (C) and whether Or not such notice is
effective thereunder.
,
6. Notice to Lender. Borrower agrees that any notice given by Borrower to
Lender purportedly pursuant to 42 Pa. C,S.A. Section 8143 shall be given by registered or
certified mail, return receipt requested, to the address of Lender speeitied in the Security
Instrument and only to such address, and such notice shall be deemed to have been
reeeived no earlier than the date actually and physically received at such address,
7. Notice Regarding Subordination. Borrower hereby authorizes Lender
to, without liability and in Lender's sole discretion. give notice in form and substance
satisfactory to Lender of the lien and security interest created by the Security Instrument
to a holder of a previously recorded mortgage which is a lien on the Property in order to,
among other things. subordinate further advanees by such mortgage holder,
8. Lender's Address. The following shall he included in and deemed to be a
part of the Security Instrument:
Signature:
{l"6IIl S~.'l q/~. Cm;}rol,
l).,pr.
P.O, F.:,Of 10 "llPlp
Va..1l (\)u.y!> I e.. ~
1.1 -CXJ4(
.....'\,l ~...
I certifY that the precise address of the within Lender is as
specified in Seeurity Instrument.
e
.Bo0Ki553 PAGE .953
--
. .
~
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" ,
;------.....--.'-.,....---.. ,.....,..
.
THIS PAGE WAS LEFT BLANK INTENTIONALLY
(
,
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e
e
~~
C I
~"",",,", ,","_",'00'; '_"',C.
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e
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants
contained in this Rider,
1 (/VI.{'~ ~ - n\I\AC~ 0 AA,^^ ./
Tara L. Anderson
~L.) \~
Dale W. Kelley
e
s:\jsllcontracts\l::onstrUclion\deedorlrust rider. Pennsy\vanill
.
~O(~ k Iss3 \/Cc<f 9s~ - (.)
......J
..,.~,""
'ii, ' ~
.oIi<l;.i..;o.i
~"I' ~rilli~Iii~~i:"j .1,'1,~' ",~~
ilJU""'-""t?,;
U,S, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (OMS # 2502-02S5)
A. HUD-1 UNIFORM SETTLEMENT STATEMENT
B. Type of Loan ' ,
1,[ I FHA ?'[] FmHA 3,[ I Conv. Unins. 6. File Number: '7. Loan Number: 8, Mortgage Insurance Csse Number:
4.I1VA 5.[] Conv.lns, N/A . N/A N/A
C. NOTE: This form fumishes a statement of settlement costs. Amounts paid to and by the settlement agent.are shown: Items marked
"(p.o.c,)" were paid outside the closing; they are shown for informational purposes and are not included.in the tlillals.
D. Name & Address of Borrower: E. Name, Address & TIN of Seller: F. Name & Addre$s;'OfLElhder:
Dale W. Kelley & Tara L. Anderson Harry H. & Ann G. Fox CountryWide HOme LOans, Ine,
7577 Roxbury Road 15 Montego Court Hampden Ctr, 4830 Carlisle Pike
Shippensburg , PA 17257 Dillsburg , PA 17019 Meehanicsburg, PA 17055
G. Property Location: TIN of Seller: H, ~ettlernentAgen!=
Lot 2 Mandy Meadows Place of Settlement :Hi:Aiilfi#lY'Ad.ri!lld;~44ir~'
Carlisle, PA 17013 j28j~;Kli1lf'$l~eL:;\'}" '.," . . ':ii';...
,',',' ~'. ~,,", ,_ " --!'"" ",' ',', " ',' ,-',,>': "_.tv",, ",,:,,;~ ~,;{", .." '^"', ''',' ::' .lS'::,::;:,; . '/
Cumberland Countyst\r#I~i1l!bdrg;'~i"..iW~!l1;';i:;;::i;:';;;;;1; I. Settlement Date: J~ne 28, 1999
J. Summary of Borrower's Transa.ction . . ., '. K:S~mmary of Seller's Tr;lnsllc;tion
100. Gross Amount Due from' Borrower: . 400. Gross Amount Due to Seller:
101. Contract sales price ';3;{{jQO,Qo 401. Contract sales price 33.900.00
102. Personal Property Personal Property . ....; ......
103, Borrowe~s settlement charges (line 1400) $2,831.5Q 403, : .... ......:....
104, UPS j..c,..:...i......:..:i.:.:.;10iOQ 404. ........ ....:..
105, :....: . .' . .
Adjustments for Items paid by seller In advance
,AdJustments for Items paid by. seller In advance
106. Cityltown taxes to P,O.C. 406, Cityltown taxes to P,O.C.
107, County taxes to $ 0.0 407, County taxes to $ 0.00
108. Assessments to $ 0.00 408. Assessments to $ 0.00
109. School . to P.O.C. 409. School to P.O,C,
110, i ...i.;. ..' fO.
111, .; 411. ':'" .
112. '.' .:412. .
113, .... 'i' i'''. 413.
120. Gross Amount Due from Borrower $36,741.50 420. Gross Amount Due to Seller $33,900.00
200. Amounts Paid by or in Behalf of Borrower: 500. Reductions in Amount Due to Seller:
201, Deposits or earnest money ,:.1;POO'iO' 501. Excess deposit (see instructions)
202, Principal amount of new loan(s) 1 Draw .::.:,.:.:.....i;:..;i.~li!;9li!!l;O.. 502. Settlement charges to seller (line 1400) $3,741,00
203. Existing loan(s) taken subject to ~503. Existing loan(s) taken subject to .... . .
204. $131,765.00 Construction Loan AmI. 504. Payoff of first mort~age :................. '.
205. 505. Payoff of second mortgage ..... ...... .. .
206. , 506. :.:.::.:.........
207, :....i: ii. i: 507. . '" .
208, .... '.' "'::'. ....... ...., 508. . .
209. .':i< . 509. .
Adjustments for items unpaid by seller Adjustments for items unpaid by seller
210.Cityltowntaxes to $ 0,00 510, Cityltown taxes to $ 0.00
211. County taxes to $ 0,00 511, County taxes to $ 0,00
212. Assessments to $ 0,00 512, Assessments to $ 0,00
213. to $ 0,00 513, to $ 0.00
214. ........ > ...>, 514,
215, 515, :< . ..... .'
216, ~ ':F.~ 516, .... ..... '.. . ..
217, 517, ..... . .... .. .
218. 518, . '. ...... .'. .
219. F....:. 519,
220. Total Paid Bylfor Borrower $27,965.0 o lj20. Total Reduction Amount Due Seller $3,741,00
300. Cash at Settlement Fromlto Borrower 600. Cash at Settlement Tolfrom Seller
301, Gross amount due from borrower (line 120) $36,741.50 601, Gross amount due to seller (line 420) $33,900,00
302. Less amounts paid by/for borrower (line 220) $27,965.0 0602. Less reductions in amount due seller (line 520) $3,741,00
303. Cash 101 from I~I to Borrower $8,776,5 o 603. Cash I~I to 101 from Seller $30,159.00
Substitute Form 1099 Seller Statement
The information in Blocks E, G, H, .1 & line 401 (or, if line 401 . is asterisked, line 403 and 404) is important tax information and is being
furnished to Ihe'lrdernal.ReveniJeService. Ifycu are reqpired to file a return, a sanction will be imposed on YOu' if this item is required to be
reported and' the IRS d.etermines that it has not been reported. If this real estate is your principal residence, file Form 2119, Sale Of
Exchange of Principal Residence, for any gain, with your income tax return; for other transactions, complete the applicable parts of Form
4797, Form 6252 and/or Schedule. D (Form 1040). You are required to provide the Settlement Agent (named above) with your correct
taxpayer identification number. If you do not provide the Settlement Agent with your taxpayer identification number, you may be subject to
civil or criminal penalties imposed by law. Under penalties of perjury, I certify that the number shown on this statement is my correct
taxpayer identification number,
(Selle~s Signature)
EXHIBIT 3
"',,,,_W~"''''''''''''''''WIII;l/llMjj~''I~'''''''''''~
-
._....1
~ l~, ,I I ~IU....=........ IiiiiIflilbli.;l1 '~i~ ~,;."
":,-0',-
L Settlement Charaes
700. T9lal Sl!leSlElroker's Commission: (based on Drice)
Division of Commission lline 70m as follows:
701, Re"iv Executives
702,
70a. Commission naid at Settlement
704,
800. Items Pavable in conneEction with Loan
801,. Loan Orioination Fee"i : % u
802, Loan Discount' ':..: %
803. ADoraisal Fee to Countrvwide
804. Credit ReDort to CountrYWide
805. Lender's Insoection Fee
806. Mortoaoe Insurance ADDlication Fee
807. Tax Service Fee and Flood Certification Fee to CountrYWide
808. Plan Review Fee to .Countrvwide .
809. Courier/Exoress Fee to CountrvWide
810. Construetion Admin Fee to Countrvwide
811. Plan Review Fee to Countrvwide
s,1,'j!.. Document Preoaration Fee to Countrvwide
813,
814.
900. Items Reauired bv Lender to Be Paid in Advl!nce
901. Interest from:/i: .. .... tOi. :':'" . . 1iiJ$:.,..>
902, Mortoaoe Insurance Premium for :'.. ..:.............. months to
903, Hazard Insurance Premium for :i.<.. vears to
904.i .:...... vears to
905,
1000. Reserves DeDosited with Lender
1001. Hazard insurance . . '.' . '., ....
1002. Mortoaae .insurance>i .i.:'
1003. Cilv orooertv taxes ;:<.
1004. Counlv onloertv taxes ~ .......
1005. Annual assessments . ...:.... ............ '.'::
1006.School":<
1007.
1 008. Aooreoate Account Adiustment
1009.
1100. Title Charoes
1101. Settlemenllclosino fee
1102. Abstractllitle search
1103. Tille examination
1104. Title insurance binder
1105.' Document preparation to
1106, Notarv fees Dawn M, Shoon/Cash
1107. Attornev's.fees to H, Anthonv Adams, Esouiretrri County Abstract
(includes above item numbers
1108, Title insurance to ABCO
{includes above item numbers
1109. Lender's coveraae 131,765.00
1110. Owner's coveraoe
1111.
1112.
1113.
1200. Government Recordina and Transfer Charoes
1201. Recordino fees: Deed2ViO:; Mortaaae39>5Ct Release;.i< ....i..'.
~~~;: :-::~;~~:~~amns: g::~~'9.00;/::. ~~~~:~" ................:.. ~
1204,
1205.
1206,
1300. Additional Settlement Chames
1301. Survev
1302. Pestlnsnection
1303.
1304.
1305.
1306.
1307,< ..: ." I
1308. /. ". ..... .
''''''. '~.. ,.._ ,",;"~", ,........ .. U_ ,,,... ."..." "."'" "."'"
CERTIFICATION
I have careful iewed the HUO-1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and
disbursem ade on ITllI aCYO)lnt or!?y me in this transaction. I further certify t t I have received a copy of the HUO-1 Settlement Statement.
';..1" IiJr rt:r~. fl,' tlM (00;, Seller \ ,.: fI" - \ \ "\ . ~ I:l . , , Borrower
ftf// ( Seller ---(IAM~,.: ~ AAA 0 ~ '\IIA--'
@:::: .... %
Paid from
Borrower's
Funds at
Settlement
1:;:< .........
I':: .... i.. :.... ;-;
Paid from
Seller's
Funds at
Settlement
3,400.00
" ,
,,:;'i:" > . .
w:..... ..... ..'
.. .. 300.00'. ." '. :.., ..'
:~;(lj):"'", ." .'
'...... .
"':115.00.
75.00: :.
<60;0l) i.'.
. [.'i 600;00. -c-
75.Q(j .... .
: ':;i15O;OOi '.
h; ;;.,.. "':' .:.: ';i" '.'
1:. ......<.
erday
< .....
< ........
<.:.......i:.....: .....
i< .......:.i.
months tal $ ..........:..... ... '. <. Der month
months tal $ ~ ner month
months tal $ ..illiiWi C;C c::- '7' ner month
months $ i> er month
months $ :.,: .L2i. oer month
months $ i.i' 2..8.. oer month
$ 0,00
$ 0,00
$ 0,00
$ 0.00
$ 0.00
$ 0.00
1/>.; .:.:.......
,
I:.'......,........ '..
.... .'
.
~
-C.'
.
I
I
[ ~
.,
1
1 10.00
I 300.00
I, ".: ,:,:,": ..:.... 705.50 ,"c-".: ....
2.00
P.O.C.
:> ....
[.........:......... '.' .... .
. '.':'.. ....
i; ": .....
.. '.:." .
$ 67.00
$ 339.00
$ 0,00
i> .....:..:.........
...... .... .....
; ....... :'.'
$ 0,00
339.00
I
I --:-
. . I
-..
>i,..
Borrower
ment which I have prepared is true and accurate a7unt of the funds which were received and
a of the settlement of this transaction, c,l. ..,~ 99
Settlement Agent _<=>'- __ _ Date
. (
WARNING: It is a crime to knowingly meke false statemenls I United Slales on this or any other similar form. Penalties upon convidion can include a fine and Imprisonmenl For details see: TiUe 18 U.S.
Code Section 1001 and Section 1010.
c ._,_. , "0,'_
. ,
-- ---- ----~---~----------'-----------------
CLOSED-END NOTE, DISCLOSURE,
LOAN AND SECURITY AGREEMENTS
Members.
FEDERAL CREDIT UNION . .
5000 lOl,Jise Drive ~ P.O. Box 40
Mechai1icsb~rg, PA 17055
DEBTOR'S NAME AND ADDRESS
SOCIAL SECURITY NUMBER
RATE OF INTEREST
ANDERSON, TARA L. &
({ELLEY, DALE iJ.
757.7 ROXBURY RD
SHIPPENSBURFi PA 17257
ACCOUNT NUMBER
AA58444
DATE OF LOAN
11.7500
, LOAN NfUMBER
58l,44
MATURITY DATE
1 H:l'tL..::-05
CERTIFICATE NUMBER
CO-DEBTOR'S NAME
09,-27,,-99
1.0-15-03
D FixeD
D VARIABLE'
ANNUAL PERCENTAGE
RATE: The cost of your
credit as a yearly rate.
"e" means estimate.
- ~" Prepayment: If you' payoff early, you
will not have to pay a penalty. _
See your contract documents for an)/'"
additional information'about nonpayment,
default, ahy required repayment in full
before the scheduled date and "
11. 7500 % $ 1597.44 $ 5000.00 . $ 7597.44, prepayment refunds and penalties.
Variable Rale: The Annual Percentage Raterrlay increase during the term of this transaction if the N I A ... (index)
changes. We add a margin of N / A " to the Index value. The rate will change monthly on the first day of the month. The rate will never be higher than the
maximum rate allowed by law, and it will ne~er be less than N I A . Any interest rate, increases will result in more paxments of the sa~e amount. For Example,
if your loan was for $5,000 at 15% for 48 months and the Annual Percentage Rate increased by 2% after one year, the term of your loan would increase bY-two months.
Your Number of Payments Amount of Payments When Payments Are Due Property Insurance: You may obtain property insurance
Payment 47 158.28 monthly Begin 11-16'-9') from anyone you want that is acceptabie to the credil
Schedule 158 ~'8 F' 1 d ,. 10-1 E _ -, -,. umon, If you get the Insurance from the credit umon you
wilt be: 1 ~.c ...ne:t ~UE. . :Jli.i..'J will pay
.. $
FINANCE CHAijGE:
The dollar amount the credit
will cost you.
Amount Financed: The '
amount of credit provided
to.you or on your beh~lf.
Total of Payments: The
amount you will have paid
after you have made all
" payments as scheduled.
.
N/A
.. .
Security: Collateral securing other 108115 with the credit union
will also secure this loan. You are giving a security interest in
your shares and/or deposit in the credit union, and:' .
Late Charge: If a payment is iate by 10 days or
more, you will be charged a late fee of 5% of your
scheduled payment.
. ... .
the goods or
D property being D Other
purchased. (Describe):
Required Deposit Balance: T~e Annual
Percentage Rate does not take into account your
required deposit balance.
Sitlnature.
Filing Fees:
nJa
.
$
.
Non-Filing Insurance:
NJA
$
ITEMIZATION OF AMOUNT FINANCED OF
.ITEMIZATlqN OF THE AMOUNT FINANCED
AMOUNT GIVEN TO YOU DIRECTLY AMOUNT PAID ON YOUR ACCOUNT
PREPAID FINANCE CHARGE
$
5'7.f0QI.00
$
4lt.7t=?" 33
$
1527.67
$
nla
Amount
Paid to $
Others on $
Your Behalf
$
$ n J a To
$ To
$ To
NOTE AND SECURITY AGREEMENT (CONTINUEO ON REVERSE SIDE)
The following paragraph applies on!y if this is ~ va'r,i~ble 'rate ,loan. 'The ir:t.itial rate of inter~st is N I A %. _ , '
Interest: Interest will be charged from the date of this loan until you have paid what you owe under this Agreement: The interest rate is subject to change as follows:
If the NJA (Index) changes, We will add a margin of N/A to the index value,
The ~ate will cha~ge monthly.on the fi,rst day of the month. The rate will ne~er be higher th~n the'rriaxi!T1um rate allowe~ by law, and it will nevi?r be leSs thimN/A
Any Interest rate Increases will result In more payments of the same amount. . :. ",.; . ',~' _.,' ',. "
n/a
nJa
n/a
ThCredit Insurance
'ToEne Fee
To
Promise 10 Pay: You promise to pay $_' -6000.00 .,',u.to the credit union plusinteiest on the uppaid balance.!..'." 'u"; lch-7500
until what you owe has been repaid.
.% -'per' year
EXHIBIT 4
-'-""""""''''''1'l','>'''''''''_~',''''''_~._llffiIr _ ~.
~;~~IO :
~",
~..~,.<, ,'~~,-
, ,
\
MAKE
MODEL
SECURITY INFORMATION
YEAR
1.0. NUMBER
TYPE
VALUE
n/a
nla
OTHER (Describe):
Yau Pledge Shares AMOUNT ACCOUNT NUMBER AMOUNT
and/or Deposits of $ n I ~"l $ n i a
I agree that the terms and conditions in the disclosure statement above an? the loan and security agr~ements located on the: reverse side of this document ~h~1I apply
to this loan. If there is more than one borrower, we agree that all the conditions of the loan and security agreements govermng thIs loan shall apply to both JOIntly and
severally. I acknowledge that I have received a copy of the loan and security agreements and disclosure statement.
--
KER 0 .OTHER OWN R
ACCOUNT NUMBER
l iV:\U.vl!~
o "GUARANTOR
(SEAL)
(SEAL)
DATE
X
o CO-MAKER 0 'OTHER OWNER 0 "GUARANTOR
X
(SEAL)
X
o CO-MAKER 0 'OTHER OWNER 0 .'GUARANTOR
X
(SEAL)
DATE
(SEAL)
(SEAL)
'OTHER OWNER: Any p8lSOn who has a property Interest (other than as a renter or lesso~ In the abave described collateral signs here. The other owner. unless elsa a co-makar, is not obligated to pay the debt. but u.nders\ands that the crad~ union has a SB<:urity Interest in the
collateral as explalned in 1he Security Agreement. -GUARANTOR: Upon defeull. the credit unTon may seek immediate paymentlrom the guarantor af any and all sums due on the loan. The guarantor waives all notloes to whloh he or she WCluld atherwise be enlilled by law.
APPLICATION FOR GROUP CREDIT INSURANCE
1 (we) are applying for the credit insurance coverage(s) selected below and agree to pay the required premium. I (we) understand that fees may be paid by the insurer in connection with this coverage to the Creditor.
I (we) understand that the purchase of this insurance IS voluntary and not required in order to obtain credit, and that 1 (we) may terminate it at any time. I (we) understand that if joint life insurance is selected, we
must be jointly and individually liable under the loan, and that co-signers and guarantors are not eligible for insurance.
APPLICANT CO-APPLICANT
The following questions, 1 and 2, must be answered 10 determine my (our) eligibility for insurance: YES NO YES NO
1. (Applicable to life insurance coverage only) Will you be under age 70 on the effective date of your loan? 0 0 0 0
2. (Applicable to disability insurance coverage only) Will you be under age 66 on the effective date AND are you presently working outside your home for wages or profit for 30
hours or more per week and have been so workmg for 30 days or more before this date? 0 ODD
In ad~ltIon, If ,o~,r loan-exc~8~S, $ ~ the following qUBstion,must also be answered in order to determine eligibility.
3. 1Hf.~""T'a~.uesTIO'NalS'c..tvED;cirrhOSiS,ACqUired Immune 0 0 0 0
My (our)answers,to the above questions are true to the best of my (our) knowledge and belief. If my co-applicant or I answer 'No" to question 1 or 2, we understand that this person is not eligible for insurance
and will natbe insured.
The effective date of my (our)insurance will be the date of this application. Any person who knowingly and with Intent to defraud any Insurance company or olher person files an application for insurance or
statement of claim containing )6Iy'materially false Information Dr conceals for the purpose Df misleading, information concerning any fact material tbereto commits a fraudulent msurance act, which is a
crime and subjects such person to criminal and civil penalties. Do nol sign this application if it contains any blank spaces. This application is void and will not be used in a contest if all blank spaces have not
been completed, the debtor has not signed and dated the application and if the application has not been witnessed. X
You are covered only for the types of coverage for which a charge is indicated on this application.
o TE
q Ll C10
YES NO NOTE: ONLY ONE APPLICANT MA V APPLY FOR DISABILITY COVERAGE
Single Credit Ufe D ij YES NO
Joint Credit Ufe D Credit Disability D 0
Indicate which applicant(s): o Applicant o CD.applicant Indicate which applicant: o Applicant o CD.applieant .A.,.'>.
INITIAL AMOUNT OF LOAN TOTAL INSURANCE PREMIUM MONTHLY BENEFIT TERM OF lNSURANCE IN MONTHS EFFECTIVE DATE DATE OF BIRTH
CREDIT DISABILITY CREDIT DISABILITY CREDIT DISABILITY CREDIT DISABILITY APPLICANT
'L_--D.La____ $ , ~_,.__..l1.La__ . ,,_,..__,_.......__.l1La__, 08-18-77
_"_.n.L.d..____n.n.._'. 'n_
CREDIT LIFE CREDIT LIFE CREDIT LIFE CO-APPLICANT
$ n/a $ n/a n/a 09 ;,:7-99 07 02 ~"
'0
COVERAGE REQUESTED
91-4045.37A
97-6200.37 CP F.43769 Rev. 3/99
MEMBER COPY
@1999MinnesotaMutuaICompanies. Inc. All rights reserved,
.. -.--_,__ ----~,-- -----,__"----"-____________.____________.... '-''-'l:.IVI'''-;;;rrr=-~::3TT..r.:ro~t:r'~..,.,..,..._
"',.~,""'''!--'W',,_~"~~ ..~,
."
- ." ~-
-'~
4 , 1 '.
, ~, .
If.. ,
CERTIFICATE OF SERVICE
I hereby certify that on April~, 2001, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Answer, New Matter and New Matter Pursuant To Pa.R.C.P.
2252(a)(4), by fIrst class U.S. mail, postage prepaid, to the parties listed below, as follows:
George Douglas, Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, Pennsylvania 17013
Tara L. Anderson
347 Bradley Lane
Shippensburg, Pennsylvania 17257
~~
David A. Baric, Esquire
LAW OFFICES
SNEL8AKER,
BRENNEMAN
& SPARE
"
II
r-'
"
I
I,
DONNA R, and RAYMOND H,
HURLEY, JR.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
VS, CIVIL ACTION - LAW
DALE W, KELLEY and : NO, 2001-1140 CIVIL TERM
TARA L. ANDERSON,
Defendants
DEFENDANT TARA L. ANDERSON'S ANSWER TO
COMPLAINT, REPLY TO NEW MATTER AND
REPLY TO NEW MATTER PURSUANT TO Pa, R,C.P, 2252 (a) (4)
AND NOW, comes Defendant Tara L. Anderson, by her Attorneys, Snelbaker,
Brenneman & Spare, P.C" and files the within Answer, Reply to New Matter and Reply to New
Matter Pursuant to Pa. R.c.P. 2252 (a) (4) and, in support thereof, sets forth the following:
I. Admitted.
2, Admitted in part and denied in part, The averments contained in Paragraph 2 are
admitted except that 467 Crossroad School Road is Dale W. Kelley's previous address and Tara
L. Anderson's residence is located in Franklin County, Shippensburg, Pennsylvania.
3, Admitted
4, Admitted.
5, Admitted,
6. Admitted.
7. Admitted.
8, The statement contained in Paragraph 8 is a legal conclusion which requires no
response by Defendant.
LAW OFFICES
SNP;LBAKER.
BReNNEMAN
& SPARE
II
II
,
I
REPLY TO NEW MATTER
9. Admitted.
10, Admitted, By way offurther answer, it is averred that Tara was employed on a
part-time basis at the time the property known as 7577 Roxbury Road, Shippensburg,
Pennsylvania was purchased on or about January 9, 1998. In January 1998, Tara resumed her
academic schedule at Shippensburg University working towards her Bachelor's Degree,
11.. Admitted,
12. Denied, It is denied that there was no agreement ever reached by Dale W. Kelley
with the Plaintiff to repay any of the funds provided by the Plaintiffs, On the contrary, it is
averred than an oral agreement was made between Defendants and Plaintiffs to repay the loan in
the amount of $1 00.00 per month,
13, Denied, It is denied that Plaintiffs intended to gift the funds to their
granddaughter to assist in the purchase of the Roxbury property, On the contrary, it is averred
that the funds were loaned to Defendants pursuant to the terms of an oral agreement.
14, Admitted,
15. Admitted.
16. Admitted. By way offurther response, it is averred that during the residency of
the Defendants at the Roxbury property the Defendants made several voluntary payments to
Plaintiffs for repayment ofthe funds. The amount of said repayments totaled $400,00, It is
further averred that Plaintiffs did request that Defendants make regular payments on the loan,
17,
Admitted,
18, Admitted, By way of further answer, it is averred that Plaintiffs requested that
some of the loan balance be repaid at the time of the sale of the Roxbury property, However, the
2
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
proceeds from the sale of the Roxbury property were spent by Defendants to purchase the
property known as Lot #2, Mandy Meadows, Carlisle, Pennsylvania,
19, Admitted.
20, Admitted.
21. Admitted.
22, Admitted,
23. Admitted,
24, Admitted.
25, Admitted in part and denied in part, It is admitted that on or about August 30,
2000, Dale W. Kelley filed an action in partition against Tara L Anderson docketed to No: 2000-
6001. The avennents contained in the Complaint in Partition are not admitted and are
specifically denied, By way of further response, it is averred that Dale W, Kelley granted Tara
1. Anderson an indefinite extension of time for which to file an Answer to the Complaint in
Partition,
26, Admitted. By way of further response, the answers set forth in Paragraphs 12 and
18 are incorporated herein by reference,
WHEREFORE, Defendant Tara 1. Anderson admits to liability for repayment of the loan
by Plaintiffs and requests that judgment be entered against Dale W. Kelley also,
3
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
II
~
'I
I
REPLY TO NEW MATTER PURSUANT TO
Pa. R.C,P, 2252 (d) and Pa. R.C.P, 2252 (a) (4)
27, Defendant Tara L. Anderson's answers to Paragraphs 1 through 26 above are
incorporated herein by reference,
28, The averments contained in Paragraph 28 are a series of unwarranted legal
conclusions which require no response and are deemed denied. To the extent that a factual
response is required, Defendant Tara L. Anderson avers that Dale W, Kelley is liable to Plaintiffs
and denies that she is solely liable on the Plaintiffs' cause of action, Alternatively, it is denied
that Tara L. Anderson is liable over to Dale W, Kelley on the Plaintiffs' cause of action. It is
admitted that Tara L. Anderson is jointly and severally liable with Dale W. Kelley on the
Plaintiffs' cause of action, It is expressly averred that Dale W, Kelley is liable on the Plaintiffs'
cause of action.
29, Denied. It is denied that during the period that Dale W. Kelley and Tara L.
Anderson resided in the Roxbury property, Tara L. Anderson made no contribution to or against
the expenses attendant to the property, including, but not limited, (sic) mortgage payments, real
estate taxes, hazard insurance or utilities, By way offurther response, it is averred that at all
times pertinent to the allegations contained in the New Matter, Dale W. Kelley and Tara L.
Anderson were boyfriend and girlfriend and were cohabiting in the homes by mutual agreement.
In August 1998 Dale and Tara became engaged to be married, Each party contributed to the
household expenses as each was able to at the time. The parties had a joint checking account for
the majority of the time period in question to which both parties made deposits and from which
mutual obligations were paid, Defendant Dale W. Kelley's demand for repayment from Tara L.
4
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
'"
I!
:1
II
r
,
Anderson only occurred after the action to collect repayment of the loan was commenced by
Plaintiffs,
30, Denied as stated. It is denied that during the period that Tara 1. Anderson resided
in the Roxbury property, Dale W. Kelley paid expenses attendant to the property, On the
contrary, it is averred that during the pertinent time period, both parties contributed to the
payment of expenses attendant to the property. By way of further responSe, Defendant Tara 1.
Anderson's averments contained in the foregoing paragraph are incorporated herein by reference,
31. Admitted,
32, Denied. It is denied that Tara 1. Anderson made no contribution to the
construction loan interest payments charged by the lender during the period of construction. On
the contrary, it is averred that numerous payments were made on the construction loan from the
parties' joint checking account.
33, Admitted,
34, Admitted,
35, Admitted in part and denied in part, It is admitted that Tara 1. Anderson never
made any contribution to the monthly mortgage obligation for the Crossroad School property,
By way of further response, it is averred that she never had any obligation to do so. It is denied
that Tara 1. Anderson never made any contribution to the payment of the interest accruing
during the construction of the Crossroad School property. By way offurther response,
Defendant Tara 1. Anderson's reply to Paragraph 32 above is incorporated herein by reference,
It is further averred that the parties' relationship as an engaged couple ended on or about March
3,2000, Immediately after Tara 1. Anderson left the Crossroad School property and ended her
cohabitation with Dale W. Kelley, Dale W, Kelley changed the locks to the Crossroad School
5
LAW OFfiCES
SNELB.AKER.
BRENN!O:MAN
& SpARE
'"
II
property and enjoyed sole and exclusive possession and use of said property to the exclusion of
Tara L, Anderson, In or about April 2000, Dale W. Kelley began cohabiting with a female
individual other than Tara L, Anderson at the Crossroad School property.
36. Denied. After reasonable investigation, Defendant Tara L. Anderson is without
knowledge or information sufficient to form a belief as to the truth of the averment that for the
period of April I, 2000 through March 1,2001, Dale W. Kelley paid $12,878.36 in mortgage
payments for the Crossroad School property; therefore same is deemed to be denied and strict
proof thereof is demanded at trial to the extent said averment is relevant to the issues presented.
37, Denied, After reasonable investigation, Defendant Tara L. Anderson is without
knowledge or information sufficient to form a belief as to the truth of the averment that Dale W,
Kelley made improvements to the Crossroad School property; therefore same is deemed to be
denied and strict proof thereof is demanded at trial to the extent the averment is relevant to the
issues presented.
38. Admitted in part and denied in part. It is admitted that during the period of
residency at the Roxbury property, Tara L. Anderson was completing her education at
Shippensburg University, It is admitted that Tara L. Anderson graduated from Shippensburg
University in May 1999. It is denied that during the period of residency at the Crossroad School
property, Tara L. Anderson was completing her education at Shippensburg University. On the
contrary, it is averred that Tara L. Anderson completed her education at Shippensburg University
prior to construction and residency at the Crossroad School property.
39. Admitted. By way offurther response, Defendant Tara L. Anderson's response to
Paragraph 38 above is incorporated herein by reference,
6
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
'V;
,.', ,-". ,.'
II
'I
I
40, Denied. It is denied that in connection with the construction of the Crossroad
School Property, Dale W. Kelley paid the following costs for the construction of the home above
the contract price:
$ 180.54
electrical supplies for garage
$ 331.17
concrete under deck
$ 466,60
material for water softener
$ 133,86
drywall for garage
$2,338.36
extra charges from home builder
$ 934.20
TOTAL: $4,384.73
extra for flooring in home
On the contrary, it is averred that the costs for construction of the home set forth
hereinabove were paid by Dale W. Kelley and Tara 1. Anderson from joint bank accounts,
41. Denied, It is denied that Tara 1. Anderson made no contributions to the costs and
charges set forth at Paragraph 40. On the contrary, it is averred that Tara 1. Anderson did
contribute to those costs and charges, By way offurther response, Defendant Tara 1.
Anderson's response to Paragraph 40 above is incorporated herein by reference.
42, Denied. It is denied that during construction ofthe Crossroad School property,
Dale W, Kelley paid the contractor the following costs above the contract price: Extras,
$2,338.36 and flooring extra, $934,20. It is denied that Tara 1. Anderson made no contribution
toward these expenses. On the contrary, it is averred that the payment of the costs referenced in
Paragraph 42 were paid by the parties from joint bank accounts.
43, Admitted.
7
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LAW OFFICES
SNELBAKER,
BRENNEMAN
8: SPARE
II
I:
44, Admitted in part and denied in part. It is admitted that Dale W. Kelley paid off
the loan in full in the amount of$5,172.78, It is denied that Tara 1. Anderson made no
contribution to repayment of the Members First loan, On the contrary, it is averred that
repayment of the Members First loan for the time period of November 1999 through March 2000
was made from a joint bank account. By way of further response, it is averred that Dale W.
Kelley and Tara 1. Anderson agreed that Dale W, Kelley would be responsible for repayment of
the Members First loan in exchange for Tara 1. Anderson being responsible for repayment of a
joint credit card obligation, It is further averred that Dale W. Kelley's payment of the loan in the
amount of$5,172.78 was unilateral and without prior notice to or agreement of Tara 1.
Anderson,
45, Denied. The averments contained in Paragraph 45 are a series of unwarranted
legal conclusions which require no response, To the extent a factual response is required, it is
denied that Tara 1. Anderson, as a joint obligor, is obligated to make a proportionate payment to
Dale W, Kelley for the joint obligations of the parties which have been allegedly discharged at
the sole cost and expense of Dale W. Kelley,
46, Paragraph 46 contains unwarranted legal conclusions which require no response.
To the extent a factual response to the averments contained in Paragraph 46 is required, it is
denied that the joint obligations for which Tara 1. Anderson is liable to Dale W, Kelley are as
follows:
Description
mortgage and escrow payments
for Roxbury property
Amount
Proportionate Share
$ 8,262,00
$ 4,131,00
Rent of Roxbury property
$ 2,500,00
$ 1,250.00
interest during construction of
8
LAW OFFICES
SNELSAKER.
BRE:NNEMAN
& SPARE
,=
"', e.,,.,,,
II
i'
Crossroad School property
$ 2,978,84
$ 4,827,88
improvement costs for Crosswood
School property and extra costs to
contractor for Crossroad School property
$ 5,957.68
$ 2,978.84
principal, interest and escrow payments
for Crossroad School property
Members First loan payoff
TOTALS:
$12,878.26
$ 5,172. 78
$39,598.70
$ 6,439,18
$2,586.39
$19,799.35
It is denied that Tara 1. Anderson is liable for contribution to Dale W, Kelley for the
items set forth above.
WHEREFORE, Defendant Tara 1. Anderson respectfully requests your Honorable Court
as follows:
(I) to deny the relief requested by Dale W, Kelley and to enter judgment in her
favor and against Dale W, Kelley;
(2) to order that Dale W, Kelley indemnify or make a contribution to Tara 1.
Anderson for and against any sum adjudged due to Plaintiffs; and
(3) to order any such other relief as the court may deem just.
Respectfully submitted,
SNELBAKER, BRENNEMAN & SPARE, p,c.
BY~~e'ESqUire
44 West Main Street
P.O. Box 318
Mechanicsburg, P A 17055-0318
(717) 697-8528
Attorneys for Defendant,
Tara 1. Anderson
9
f
LAW OFFICES
SNEL8AKER.
BRENNEMAN
& SPARE
-"'~
II
I'
r--
VERIFICATION
I verifY that the statements made in the foregoing Answer to Complaint and Reply to New
Matter and Reply to New Matter Pursuant to Pa R.C,P, 2252 (a) (4) are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa, C.S, S 4904
relating to unsworn falsification to authorities,
~
Tara 1. Anderson
Date: April 2 ~ ,2001
LAW OFFICES
SNELBAKER.
BRENNEMAN
8: SPARE
~-"
II
!
CERTIFICATE OF SERVICE
I, PHILIP H, SPARE, ESQUIRE, hereby certify that I have on the below date,
caused a true and correct copy of the foregoing Defendant Tara 1. Anderson's Answer to
Complaint and Reply to New Matter and Reply to New Matter pursuant to Pa. R,C. p, 2252 (a)
(4) to be served upon the persons and in the manner indicated below:
FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
George F, Douglas, III, Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, Pennsylvania 17013
David A. Baric, Esquire
17 West South Street
Carlisle, Peunsylvania 17013
Date: APrild.~2001
~re
Snelbaker, Brenneman & Spare, P.C.
44 West Main Street
P,O. Box 318
Mechanicsburg, P A 17055-0318
(717) 697-8528
Attorneys for Defendant,
Tara 1. Anderson
"~,I, '
II
Ii -
c
DONNA R. and RAYMOND
H. HURLEY,
Plaintiff
v.
DALE W. KELLEY and
TARA 1. ANDERSON,
Defendants
:i,..- "l
< - I '
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2001-1140 CIVIL TERM
JURY TRIAL DEMANDED
PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION
Please attach the following Substitute Verification to the Answer, New Matter and New
Matter Pursuant To Pa.R.C.P. 2252(a)(4) filed in this matter on April 4, 2001.
Date:
JI/lfjn
I
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Respectfully submitted,
David A. Baric, Esquire
!.D. #44853
17 West South Street
Carlisle, Peunsylvania 17013
(717) 249-6873
~-
L_
,
,.
VERIFICATION
I, Dale W. Kelley, verify that the statements made in the foregoing Answer, New Matter and
New Matter Pursuant To Pa.R.C.P. 2252(a)(4) are true and correct to the best of my knowledge,
information and belief.
I hereby ratify the verification previously supplied by my attorney, David A. Baric, Esquire
and execute this verification as a substituted verification.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
g4904 relating to unsworn falsifications to authorities.
Date: #r
7)de {J /nfP(1
Dale W. Kelley
I >
.A
'"
CERTIFICATE OF SERVICE
I hereby certify that on April 18, 2001, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Answer, New Matter and New Matter Pursuant To Pa.R.C.P.
2252(a)(4), by first class U.S. mail, postage prepaid, to the parties listed below, as follows:
George Douglas, Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, Pennsylvania 17013
Tara 1. Anderson
347 Bradley Lane
Shippensburg, Pennsylvania 17257
~j}tl1.
David A. Baric, Esquire
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v.
: IN THE COURT OF CoMMON PLEAS OF
: CUMBERLAND COUNTY, P A
: CML ACTION - LAW
DONNA R. and RAYMOND H.
HURLEY, JR.
DALE W. KELLEY and
TARA L. ANDERSON
: NO. 2001-1140 CML TERM
PLAINTIFFS' REPLY TO NEW MATTER
The Plaintiffs hereby incorporate by reference the Defendant, Tara L.
Anderson's, reply to new rnatter. Paragraphs 9 - 25 are incorporated herein and
reference is made hereto as fully set forth at length.
26. Denied as stated. The aforesaid replies set forth in Paragraphs 12
through 18 are incorporated herein and reference is made hereto.
WHEREFORE, it is prayed the new matter of Defendant Kelley be
dismissed.
DOUGLAS, DOUGLAS & DOUGLAS
BY: ~ {:,~~
George F. ouglas, III
Dated:
51v( 61
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COMMONWEALTH OF PENN5YL VANIA )
COUNTY OF CUMBERLAND )
55.
VERIFICATION
I verify that the statements made in the foregoing document are true and
correct to the best of my knowledge, information, and belief. I understand that
false statements herein made are subject to the provisions of 18 Pa. C.5.A. S 4904
relating to unsworn falsification to authorities.
~ ,~r ()l
Date
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DOUGLAS, DOUGLAS & DOUGLAS
27 W. HIGH ST.
POB 261
CARLISLE PA 17013
TELEPHONE 717-243-1790
WILLIAM P. DOUGLAS, ESQ.
Supreme Court I.D.# 37926
GEORGE F. DOUGLAS, m, ESQ.
Supreme Court I.D.# 61886
["'.......................................................................................................T.......iN.THE.CO.URT.O.F.COMMON..PLEAS.OF........
i DONNA R. HURLEY AND i CUMBERLAND COUNTY PENNSYLVANIA
, RAYMOND H. HURLEY,JR. I
i \IS PLAINTIFFS:
NO.2001-1140 CIVIL TERM
DALE W. KELLEY AND
TARA L. ANDERSON
CIVIL ACTION LAW
. DEFENDANTS. 1
"'........................................................................................................................................................................................................................~
To: Curtis R. Long, Prothonotary
PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION
Please attach the following substitute verification to the
Reply to New Matter filed on May 4, 2001.
Douglas, Douglas, & Douglas
~~~~'t\:u~ G4
Attorney for the Plaintiffs
Dare:May 11, 2001
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COMMONWEALTH OF PENN5YLV ANIA )
COUNTY OF CUMBERLAND )
55.
VERIFICATION
We verify that the statements made in the foregoing document are true
and correct to the best of our knowledge, information, and belief. We
understand that false statements herein made are subject to the provisions of 18
Pa. C.5.A. S 4904 relating to unsworn falsification to authorities.
.--1"'- I" 0 I
Date
Raymond H. Hurley, Jr.
5-7'0)
Date
W~RJ-j~
Donna R. Hurley?
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ORDER OF COURT
AND NOW, JJ1 ~ _ //)' ,2001,in .
ooru;;d~'non of II" f= .J~ P""nim. /IE/d<( H"'.'} '# &dLJ
ESqUlre,and~~
uire, are appointed arbitrators in the above-captioned action
as prayed for.
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DOUGLAS, DOUGLAS & DOUGLAS
27 W. HIGH ST.
POD 261
CARLISLE PA 17013
TELEPHONE 717-243-1790
WlLLIAM P. DOUGLAS, ESQ.
Supreme Court I.D.# 37926
GEORGE F. DOUGLAS, III. ESQ.
Supreme Court I.D.# 61886
DONNA R. HURLEY AND
RAYMOND H. HURLEY,JR.
IN THE CoURT OF CoMMON PLEAS a=
CUMBERLAND CoUNTY PENNSYLVANIA
...
VS
~m~1
No.2001-1140
CiVIL TERM
DALE W. KELLEY AND
TARA L. ANDERSON
aVIL ACTION LAW
m..m...mmmmmmmmmmmmmmm.P..~~~!:>~~..I...................................m....mm.mmmmmmmm.........mmmm..................,..'.........m............m..'
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
George F. Douglas, III, Esquire, counsel for the plaintiffs in the above
action respectfully represents that:
1. The above-captioned action is at issue.
2. The claim of the plaintiff in the action is $9,100.00 plus costs.
3. The cross-claim between the two defendants is $19,799.35.
The following attorneys are interested in the case as counselor are
otherwise disqualified to sit as arbitrators:
David A. Baric, Esquire, l7 West South St., Carlisle, P A l70l3
Attorney for Dale W. Kelley
Philip H. Spare, Esquire, Snelbaker, Brenneman & Spare, P.c., 44 W. Main
St., Mechanicsburg P A l7055, Attorney for Tara 1. Anderson
WHEREFORE, your petitioner prays your Honorable Court to appoint
three (3) arbitrators to whom the case shall be submitted.
Respectfully submitted,
Douglas, Douglas & Douglas
~~~~
27 W. High St.
Carlisle, P A l70l3
717-243-l790
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II
,
,
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DONNA R. and RAYMOND
H. HURLEY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 2001-1140 CIVIL TERM
DALE W. KELLEY and
TARA L. ANDERSON,
Defendants
NOTICE OF APPEAL
FROM AWARD OF BOARD OF ARBITRATORS
TO THE PROTHONOTARY:
Notice is hereby given that the Defendant, Dale W. Kelley, appeals from the award ofthe
board of arbitrators entered in this case on November 19, 2001.
A jury trial is demanded _ (check line if jury trial is demanded. Otherwise jury trial
is waived).
I hereby certify that
(1) the compensation of the arbitrators has been paid, or
(2) IlWli'cltoomcbadoo\l:!X~>>mm~~tm:mK
~*~:X;li~_~~$X
~R. ~ wR.
David A. Baric, Esquire
~~]fiKAttomey for Appellant
NOTE:
The demand for jury trial on appeal from compulsory arbitration is govemed by
Rule 1007.1 (b).
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~9/01 MON 11:47 FAX 717 240 6573
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COMB co PROTHONOTARY
141001
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In The Cour~ of Co~n Pleas of
Cumbe.rland Coun~y. !:'ennsylvania.
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OATH.
We do solemnly swear (or affirm) that we will support, obey and defend
the Constitution of the United States and the Constitutio~ of this C~on-
w~~th~d~~t we will discharge the duties of our' -fice w~ fideli~\
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,"e. the undersigned arbitrators, having been duly appointed and swon
(or aff1rm.ed), make the following award:
(Note: If damages for delay are awar~ed. they shall be
separately s~ated.)
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. Arbitraeor, dissen~s. (!nse~~ name i!
NOTICE OF OF _.\.\I'ARD
Now,. the l~ day of NO\J(iM~('( ..MoI, ar;3Jtt, e.:l.. the above
aw-ard W8.!IIr- en~ered' ul'on the docket and llo1<:tee ti'.ereof....given by mail eo ehe
i'art:ias or eneir a.ttorneys. '
al'plicaole. )
Date of S:ea~i.ng: i\ \\ '1/ 0/
Date of A'la.rd: II l \ '1 {u,
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Arbitrators' co~ensation to be
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
(Check one) {for JURY trial at the next term of civil court.
( X') for trial without a jury.
.
.........--...--......-..-...-.............-__............._---..--...._._._____.....__._.._..____...__..u___________._____.____.____.........______...._....._....__.
CAPTION OF CASE
(entire caption must be stated in fuil)
~
(check one)
( X) Assumpsit
DONNA R. AND RAYMOND
H. HURLEY
) Trespass
{
Trespass (Motor Vehicle)
)
(other)
(Plaintiff)
vs.
The trial list will be called on ,Feb. 12, 2002
.' '
DALE W. KELLEY AND and
TARA L. ANDERSON
Trials commence on
March 11;- 2002
(Defendant)
Pretrials will be held onFeb. 20. 2002-
(Briefs are due 5 days before pretrials.)
vs.
(The party listing this case for trial shall provide
brthwith a copy of the praecipe to all counsel,
pursuant to local Rule,214.1.)
No.
C. -I 2001-1140 Civil
IVI_ .
19__
Indicate the attorney who will try case for the party who files this praecipe:
Seorge~F._Douglas, III, Esquire, Attorney for Plaintiffs
Indicate trial counsel for other parties if known:
David A.. Baric, Esquire, Attorney for Dale W. Kelley
Philip H. Spare, Esquire, Attorney for-Tara L._Anderson
This case is ready for trial.
Signed:
~. ~15
January 21, 2002
Print Name: - George - F. DOll~las, III, Esquire
Date:
Altnrn~v fnr.
Plaintiffs
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DOUGLAS, DOUGLAS & DOUGLAS
27 W. IDGH ST.
POB 261
CARL1SLE PA 17013
TELEPHONE 717-243-1790
WILLlAM P. DOUGLAS, ESQ.
Supreme Court ],D,# 37926
GEORGE F. DOUGI.AS. III, ESQ.
Supreme Court 1.D.# 61886
.... ..... .
I DONNA R. HURLEY AND
I.' RAYMOND H. HURLEY,JR. PLAINTIFFS
VS
IN T E CoURT OF CoMMON PLEAS a=
CUM ERlAND CoUNTY PENNSYLVANIA
No 2001-1140 CIVIL TERM
: DALE W. KELLEY AND
I TARA L. ANDERSON
I........................................,...................................................p.~~.~.~~~~..,............................
CIVIL ACTION LAW
Praeci~
Please mark this case settled and discont ued.
Dougl s, Douglas & Douglas
~
By ,c.
Georg. F. Douglas, III, Esquire
Attorn~y for Plaintiffs
27 W. High St.
Carlisl~, P A l70l3
717-243-l790
I
Dated: October 14, 2002
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DONNA R. and RAYMOND
H. HURLEY,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 2001-1140 CIVIL TERM
JURY TRIAL DEMANDED
DALE W. KELLEY and
TARA 1. ANDERSON,
Defendants
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Kindly mark the counter claim and cross claim filed in the above-captioned action as having
been settled and discontinued with prejudice.
Respectfully submitted,
Date: January 2, 2003
~27IlE
David A. Baric, Esquire
LD. # 44853
17 West South Street
Carlisle, P A 17013
(717) 249-6&73
Attomey for Defendant, Dale W. Kelley
dab.dir/Iitigation/keIley/hurley/discontinue.pra
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CERTIFICATE OF SERVICE
I hereby certify that on January 2, 2003, I, David A. Baric, Esquire of O'Brien, Baric &
Scherer, did serve a copy of the Praecipe To Discontinue, by first class U.S. mail, postage prepaid,
to the parties listed below, as follows:
George Douglas, Esquire
Douglas, Douglas & Douglas
27 West High Street
Carlisle, Pennsylvania 17013
Philip H. Spare, Esquire
Snelbaker, Brenneman & Spare
44 West Main Street
,_ham;ff....,.m;. 17055
David A. Baric, Esquire
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. PYS510D
Cumberland County Prothonotary's Office
Case Entries
2~D1-01140 HURLEY DONNA R JR ET
IFiled Date: 2/27/2001 Time:
AL (vs) KELLEY DALE W ET AL
2:49 Case Type: COMPLAINT
Page --.!:!.of
FIRST ENTRY - - - - - - - - - - - -
4
2/27/01 COMPLAINT - CIVIL ACTION
-------------------------------------------------------------------
3/12/01 SHERIFF'S RETURN FILED
Litigant.: KELLEY DALE W
SERVED : 3/09/01 COMPLAINT POE MASTER MANUFACTURING CARLISLE PA
SERVED DALE E KELLEY
Costs....: $31.10 Pd By: DOUGLAS, DOUGLAS & DOUGLAS 03/12/2001
-------------------------------------------------------------------
3/12/01 SHERIFF'S RETURN FILED
Litigant.: ANDERSON TARA L
SERVED : 2/28/01 TARA ANDERSON CARLISLE PA COMPLAINT
Costs....: $16.00 Pd By: DOUGLAS, DOUGLAS & DOUGLAS 03/12/2001
-------------------------------------------------------------------
4/04/01 ANSWER NEW MATTER AND NEW MATTER PURSUANT TO PA R C P 2252 A 4 - BY
DAVID A BARIC ESQ FOR DEFT +
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, PYS510D
Cumberland County Prothonotary's Office
Case Entries
2001-01140 HURLEY DONNA R JR ET AL (vs) KELLEY DALE W ET AL
Filed Date: 2/27/2001 Time: 2:49 Case Type: COMPLAINT
Page ~ of 4
-------------------------------------------------------------------
4/24/01 DEFENDANT TARA L ANDER SONS ANSWER TO COMPLAINT REPLY TO NEW MATTER
AND REPLY TO NEW MATTER PUSUANT TO PA R C P 2252 A 4 - BY PHILIP
H SPARE ESQ FOR DEFT
-------------------------------------------------------------------
5/02/01 PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION TO ANSWER AND NEW MATTER
DAVID A BARIC - ATTY FOR DEFT KELLEY
-------------------------------------------------------------------
5/04/01 PLAINTIFF'S REPLY TO NEW MATTER BY GEORGE F DOUGLAS III ESQ
-------------------------------------------------------------------
5/11/01 PETITION FOR APPOINTMENT OF ARBITRATORS BY GEORGE F DOUGLAS III
ATTY FOR PLFFS
-------------------------------------------------------------------
5/11/01 PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION BY GEORGE F DOUGLAS III
ATTY FOR PLFFS
----------------------------------------------------------------- +
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PYS510D
Cumberland County Prothonotary's Office
Case Entries
2001-01140 HURLEY DONNA R JR ET AL (vs) KELLEY DALE W ET AL
jFiled Date: 2/27/2001 Time: 2:49 Case Type: COMPLAINT
Page ~ of 4
5/16/01 ORDER OF COURT 5/15/01 APPOINTMENT OF ARBITRATORS GEORGE E HOFFER
P JUDGE NORMAN YOFFE ESQ - JAMES WEST ESQ AND SUSAN HARTMAN ESQ
NOTICE MAILED 5/17/01
-------------------------------------------------------------------
11/19/01 AWARD OF ARBITRATORS - WE MAKE AN AWARD IN FAVOR OF PLAINTIFF
DONNA R HURLEY AND RAYMOND H HURLEY IN THE SUM OF $9100.00 WE
FIND IN FAVOR OF DEFENDANT TARA ANDERSON AND AGAINST DEFENDANT
DALE W KELLEY ON THE LATER CLAIM AGAINST HER
NOTICE MAILED
BILLED COUNTY FOR ARBITRATORS 12/06/01
-------------------------------------------------------------------
12/17/01 NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS - BY MICHAEL
SCHERER ESQ FOR DAVID A BARIC ESQ
-------------------------------------------------------------------
1/22/02 PRAECIPE FOR LISTING CASE FOR TRIAL - BY GEORGE F DOUGLAS III ESQ
FOR PLFFS +
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Cumberland County Prothonotary's Office
Case Entries
.
2001-01140 HURLEY DONNA R JR ET AL (vs) KELLEY DALE W ET AL
,Filed Date: 2/27/2001 Time: 2:49 Case Type: COMPLAINT
,
Page ---l of 4
- - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - -
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