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Home My WebLink About01-1140GEORGE F. DOUGLAS,III ATTY. I.D. #61886 DOUGLAS, DOUGLAS & DOUGLAS 27 WEST HIGH STREET P.O. BOX 261 CARLISLE, PA. 17013 717-243-1790 ATTORNEY FOR PLAINTIFF DONNA R. and RAYMOND H. HURLEY, JR. DALE W. KELLEY and TARA L. ANDERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION - LAW NO. 2001- C1VIL 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, PA 17013 (717) 249-3166 DOUGLAS, DOUGLAS & DOUGLAS George F.~Douglas, III ~' Dated: ~ ~ ~-"/, ZOO! o COMPLAINT The Plaintiffs, Donna R. and Raymond H. Hurley, Jr., are individuals who reside at 2 Westfield Lane, Newville, Cumberland County, Pennsylvania. 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. 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 Exb5bit A. 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. An oral agreement between the parties provided that the $9,500.00 loan would be paid back to the Plaintiffs. 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. 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. WHEREFORE, the Plaintiffs claim of the Defendants the sum of $9,100.00 plus costs, an amount requiring compulsory referral to arbitration under the local rules of court. DOUGLAS, DOUGLAS & DOUGLAS George F. Douglas, III d Sett}enSent Statement ?ype of Loan P-(~I NOTE: Th~ form is furnished Is g;,.'o you a sialom~nl of actual settbme~t.cssts. ~n~ ~ Io end by I~ ~I a~nt ere shown. Itoms ~ed 'p~.c.* w~0 ps~ ~ si ¢~s~g; lhey are shown h~ I~ ni~l pu~sos and ~m not bc~ded ~ the N~'. ,'.:,~ ...... ,,r ?..,~: ~tate of ~r~ E. Millic~p ...~_~ ............ ~..K~.,. :. .- . , . . .',, , · ...... , ,: .... . .... ',,~,~/:,.., SUMMARY OF BORROWER'S TRANSACTION K. SUMMARY OF SELLER'S TR~SACTION GROSS AMOUNT DUE FROM 8ORROWER~ AMOUNTS PND BY"OR~IN:.~EHA~F~:'O~OW~~f kDJU~ENTS F~ 1~5 UNPAID BY SE~ ADJU;~E~ F~ ~S UNPND BY ~LER: · ITI~M$ PAYABLE IN CONNECTION WITH LOAN; ' . ....... ~ ....... . ........ ... .... · ........ ~,~.~ ..~.~, .. .,';~;~F~,~(~:~:~ ~'~'~88~' ~"~;~:'~ '~' '""'~ , ~X 'S~"F~e~'~~'~'~''(~'~ ..... '"~" ~Y;~'~"~ ..... ~ ~. '"~"'~ ............ ) ITEMS ~QUI~BY LENDER TO BE PAID IN ADVANCE: ~. ~RVES DEP~D W~H ~NDE~ ..S;~oo~ ,~ax.. ....... ~ ,~ ~,...:.~. ~.'~,,~<..',.~.'~..:,..~.' ~.~*.~?~... ~, ~E CHARGES; 0. GOVERNMENT ~C~DING AND ~AN~ER CH~S: '" '579.~" ; ',,,. '~ J...'." · ' ~' .~ .. ' ?.'.'4 ' 'i i?r2,,~,';:,.~.:~:.:.-~..~.';?,~ .... ~. ~ '~ '~' ?"~.~',.'~': ........ Boro~h or bh~nso~ {water ~ 220. 'IOTAL P.,[.IO BY/F~ ~ . SR0. T(~ TAtr REOUC ONS . · ~o~ow~' ' 53,102,61 ~ ~OU~ ou~ S~ . , [ ~.~71.97 T S~EME~'FR~O'~BO~O~~~' ~AT~ME~~E ' .. "-~...': ~ . ~ ~. C~H A ........ 30~. Less" ~un~f~b~lf~~F~{~¥~O~ ~~ 80Z~e~s~ree~C~s~~e~l~u'~~~ HUD-1 (3~6) - RESPA, HB 4305,2 PAGE I DOUGLAS, DOUGLAS & DOUGLAS ATTOF~NEY~ AT LAW CARLISLE, PENNSYLVANIA January 21, 2002 NOTE TO COURT ADMINISTRATOR FOR PURPOSES OF SCHEDULING THIS BENCH TRIAL, PLEASE NOTE~THAT TARA L. ANDERSON, ONE ©F~THE DEFENDANTS, IS THE DAUGHTER DF SHARON ANDERSON, JUDGE BAYLEY~S SECRETARY. 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. for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) (check one) (X) Assumpsit DONNA R, AND I~YHOND H. HURLEY Trespass (Motor Vehicle) ( ) (Plaintiff) (other) vs. The trial list will be called on ' Eeh. 12, 2002 DALE W. KELLEY AND ' TARA L. ANDERSON and Trials commence on March 11,"2002 VS, (Defendant) Pretrials will be held onFeb' 20, 2002._ (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecJpe to all counsel, pursuant to local Rule:214-1.) 2001-1140 Civil No. Civil 19 Indicate the attorney who will try case for Ihe party who files this praecipe: ~eo~ge~F~.Douglas, III, Esquire, Attorney for Plaintiffs indicate trial counsel for other parties if known; David A. Baric, Esquire, Attorney for Dale W. Kelley This case is ready for trial. Philip H. Spare, Esquire, Attorney for Tara L.~Anderson PrinlName: George F. Donglas, III, Esq.~uir. e January 21, 2002 Dale; A tt~rn~v f~,- Plaintiffs DONNA R. HURLEY, ET. AL. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DALE W. KELLEY, ET. AL. : NO. 1140 CIVIL 2001 : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 6th day of Mamh, 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, 11/19/01 MON 11:47 FAX~17 240 6573 CUrB CO PROTHONOTARY ~001 OATH ~e Conatitu~o~ of the U~ited S~a~es an~ ~ha Consti~ ai this C~ou- _ ~:: z ~ ~~ separacaly sca=a~.) NOTIC~ OF SHERIFF'S RETURN - CASE NO: 2001-01140 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HURLEY DONNA R JR ET AL VS KELLEY DALE W ET AL REGULAR SHANNON SUNDAY , Cumberland County, Pennsylvania, says, the within COMPLAINT & NOTICE KELLEY DALE W DEFENDANT , at 0010:18 HOURS, at POE: MASTER M3~NUFACTURING CARLISLE, PA 17013 DALE E. KELLEY a true and attested copy ,of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according was served upon on the 9th day of March 1078 HARRISBURG PIKE by handing to to law, the 2001 & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this /q~ day of ~,~.,~f-~' z:~! A.D. othonotary/ So Answers: R. Thomas Kline 03/12/2001 DOUGLAS, DOUGLAS & DOUGLAS eputy Sheriff SHERIFF'S RETURN - CASE NO: 2001-01140 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HURLEY DONNA R JR ET AL VS KELLEY DALE W ET AL REGULAR KATHY J. CLARKE , Cumberland County, Pennsylvania, says, the within COMPLAINt & NOTICE ANDERSON TARA L DEFENDANT , at 0009:00 HOURS, at CUMBERLAND CO. SHERIFFS' OFF. CARLISLE, PA 17013 TARA ANDERSON a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 28th day of February , 2001 1 COURTHOUSE SQUARE by handing to together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6..00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this /9 ~ day of ~z~v ~ / A.D. /P~othonotary So Answers: R. Thomas Kline 03/12/2001 DOUGLAS, DOUGLAS & DOUGLAS Deputy c~n~riff DONNA R. and RAYMOND H. HURLEY, Plaintiffs, 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: O'BRIEN, BARIC & SESJ~ERER David A. Baric, Esquire I.D. #44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 DONNA R. and RAYMOND H. HURLEY, Plaintiffs, 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 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: 1. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of these averments and they are, therefore, denied. 2. Admitted in part and denied in pan. 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 sufficiem to form a belief as to the truth of the remaining averments and they are, therefore, denied. 3. Admitted in part and denied in pan. 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 agreemem on repayment was ever reached or made a condition of Plaintiffs for providing the funds. 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 L. Anderson, is the granddaughter of Plaintiffs. 10. At the time of purchasing the property known as 7577 Roxbttry Road, Shippensburg, Pennsylvania ("Roxbury property"), Tara L. Anderson was not employed in a full- time capacity. 2 11. full-time. 12. At the time of purchasing the Roxbury property, Dale W. Kelley was employed There was no agreement ever reached by Dale W. Kelley with the Plaintiff to repay any of the funds provided by the Plaintiffs. 13. Plaintiffs intended to girl the funds to their granddaughter to assist in the purchase of the Roxbury property. 14. At the time of purchasing the Roxbury property, Defendants entered into a mortgage and note with Countrywide Home Loans, Inc. in the principal amount of $52,100.00. 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 reference thereto. 18. At the time of sale of the Roxbury 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 pumhased 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 School Road, Carlisle, Pennsylvania. 3 20. On June 28, 1999, Defendants entered into a construction loan with Countrywide 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 of the mortgage entered into by the Defendants in connection with the construction loan is attached hereto as Exhibit 2 and is incorporated. 21. A tree and correct copy of the HUD-1 Settlement Statement executed by the Defendants in connection with the construction loan is attached hereto as Exhibit 3 and is incorporated. 22. Defendants leased back the Roxbury property from the purchasers during construction of the new residence at 467 Crossroad School Road ("Crossroad School property") paying purchasers the sum of $500.00 per month for the period June 11,1999 to November 1, 1999 as rent. 23. Defendants took up residence at 467 Crossroad School Road on November 1, 1999. 24. Defendant, Tara L. Anderson, left the Crossroad School property on or about March 3, 2000. 25. On August 30,2000, Dale W. Kelley filed an action in partition against Tara L. Anderson docketed to No. 2000-6001. The complaint 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. 4 WHEREFORE, Defendant requests judgment in his favor and against Plaintiffs together with costs and expenses. NEW MATTER PURSUANT TO Pa.R.C.P. 2252 (d) and Pa.R.C.P. 2252(a)(4) 27. Defendant, Dale W. Kelley, incorporates by reference paragraphs one through twenty-six as though set forth at length. 28. Dale W. Kelley denies that he is liable to Plaintiffs, if, however, any liability is found to exist, Defendant, Tara L. Anderson is solely liable on the plaintiff's cause of action, alternatively, Tara L. Anderson is liable over to Dale W. Kelley on the Plaintiffs' cause of action or Tara L. Anderson is jointly or severally liable with Dale W. Kelley on the Plaintiffs' cause of action. Liability of Dale W. Kelley on the Plaintiff's cause of action is expressly denied. 29. 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, mortgage payments, real estate taxes, hazard insurance or utilities. 30. During the period that Tara L. 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. 5 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 1, 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 $1,170.76. 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 1, 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. 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: $ 180.54 $ 331.17 $ 466.60 $ 133.86 $2,338.36 $ 934.2O $4,384.73 TOTAL: 41. paragraph 40. 42. electrical supplies for garage concrete under deck material for water softener drywall for garage extra charges from home builder extra fbr flooring in home Tara L. Anderson made no contributions to the costs and charges set forth at 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 L. Anderson made no contribution toward these expenses. 43. Tara L. 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 L. 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. 7 45. Tara L. 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 discharged at the sole cost and expense of Dale W. Kelley. 46. The joint obligations for which Tara L. Anderson is liable for contribution to Dale W. Kelley are as follows: Description mortgage and escrow payments for Roxbury property rent of Roxbury property interest during construction of Crossroad School property improvement costs for Crossroad School property and extra costs to contractor for Crossroad School property principal, interest and escrow payments for Crossroad School property Members First loan payoff TOTALS: Amount $ 8,262.00 $ 2,500.00 $ 4,827.88 $ 5,957.68 Proportionate Share $ 4,131.00 $ 1,250.00 $ 2,024.06 $ 2,978.84 $12,878.36 $ 5,172.78 $39,598.70 $ 6,439.18 $ 2,586.39 $19,799.35 8 WHEREFORE, Defendant, iDale W. Kelley respectfully requests judgment in his favor and against Tara L. Anderson as follows: 1) the sum of $19,799.35; 2) that Tara L. Anderson indemnify 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. Respectfully submitted, David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Defendant, Dale W. Kelley dab.dir/litigation/kelley/a nswernew.mat 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, 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 presently unavailable to sign said verification. I undersigned that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating to unswom falsific~ons to authorities. David A. Baric, Esquire Dated: /~/*/t~ [ '~oUN30 flFIll2~ TAX PARCEL NO.: 27 Tills Indenture, Made the dayof One Thousand Nine Hundred and Ninety-nine (1999) , in the year of Between: HARRY H. FOX JR., and ANN G. FOX, his wife, of Dillsburg, PA (hereinafter called the Grantor(s), of the one part, and TARA L. ANDERSON, SINGLE PERSON AND DALE W. KELLEY, SINGLE PERSON, As Joint Tenants With Rights of Survivorship, of Shlppensburg, Pennsylvania (hereinafter called the Grantee(s), of the second part, WITNESSETH, that the said Grantor(s), for and in consideration of the sum of Thirty Tlu'ee 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 of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more specifically set forth in Exhibit "A" attached hereto. · ~oo~ 202 Phc[ 82t EXHIBIT 1 AND the said grantor/grantors do hereby SPECIALLY WARRANT the property hereby conveyed. IN WITNESS WHEREOF, I/We set our hands and seals the day and year first above written. Sealed attd Delivered itt the presence of.'/ · FOX, JR. ANN G. FOX 202 ~c~ 822 EXHIBIT "/l" ALL THAT CERTAIN tract of land situate, lying and being in West Pannsboro 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-48~); 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: l) 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 BEG/NNING. 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 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 SUB.IECT, NEVERTHELESS, to all restrictions, easements, rights-of-way, conditions and/or set-back lines of record and to th~ 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. Ail 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 of the type that will, by certain architectural characteristics, enhance the general neighborhood, irrespective of the amount of gross square footage. 4. There shall be permitted no commercial dgg breeding or boarding operation establishments. There shall be permitted no outside'dog enclosures larger than that sized for 2 dogs, and no more than 2 dogs may be permitted outside of any residential structure. 5. There shaI1 be permitted no commercial raising of fuwl, livestock, or hogs on the 202 823 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. 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 fight to make final binding decisions. BEING PART OF the same premises which Donald I. 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, Jr. who is joined by his wife Ann G. Fox, the Grantors herein. Ann G. Fox joins in this conveyance to convey any fights she may have in said premises through her marriage to Har~ H. Fox, Jr. 202 824 RE,,0;',~ .... "~' '99 JUN30 F 1129 SPACE ABOVE FOR RECORDERS USE WHBN REDORDBD MAIL TO: COUNTRYWIDE HOME LOANS, INC, MSN SV-7g / DOCUMENT CONTROL DEPT P.O. BOX10266 Prepared by: G. LATIN VAN NUYS, CALIFORNIA 91410-0266 LOAN #: 7823500 ESCROW/CLOSING #: MORTGAGE THIS MORTGAGE ("Security Ins~'ument") is given on June 28, 1999 TARA L ANDERSON, AND DALE W KELLEY, HUSBAND AND WIFE . "]3tc mortgagor iN ("Borrower"). This Security Instrument is given to COUNTRYWIDE HOME LOANS, INC. which is organized and cxlsdng under the laws of NEW YORK . and whose addrcss is 4500 PARK GRANADA, CALABASAS, CA 91302-1613 ("Lender"). Borrower owes L. cndar the principal sum of ONE HUNDRED THIRTY ONE THOUSAND SEVEN HUNDRED SIXTY FIVE and 00/100 Dollars (U.S. $ 131.765.00 ). This debt is evidenced by Borrower's nora dated tha same dat~ as thLs Security Instrument ("Note"). which provides for monthly payments, with the full debt. if not paid eadlar, due and payable on January 1, 2030 . This Security lnsu'ument secures to Lender: (a) the repayment of the d~bt evidenced by the Note. with interest, and all renewals, extensions and modil'icadons of the Note; (b) the payment of all other sums, with interest, advanced under pa'agraph 7 to protect thc security of this Security Insb'umcnt; and (c) the performance of Borrower'a covenants and agreements under this Security Ins~ument and [he Note. For this purpose, Borrower does hereby mortgage, St'ant and convey to Lender thc following described property located in CUMBERLAND County, Pennsylvania: SEE EXHIBIT 'A' ATTACHEO HERETO AND HADE A PART HEREOF. PENNSYLVANIA - Single Family- Fannie Mae/Freddie Mae UNIFORM INSTRUMENT (~e .6H(PA) (g410L01 CHL (10/g7) VMP MORTGAGE FORMS - {800)521-72gl Page I of 6 ' OO7 8 2 3 5OOO. OOOOKT 2AO ' ooK1553 .944 EXHIBIT 2 LOAN #: 7823500 which has ~headdress of LOT 2 MANDY MEADOWS ,CARLISLE Pennsylvania 17013- ("Property Address"); flxteres now or hereafter a part of the property, All replacoments and additions shall also be covered by this Security Insl.roment. Ali of the foregoing is referred to in this Security Insl~ument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the eslate hereby conveyed and has the right to mortgage, UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: principal of and interest on the debt evidenced by the Note and any prepayment and late eherges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for:. (a) yearly laxas and assessments which may at 'rain priority over this Security Instrument as a lien on the Prupe. rty; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (0 any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lleu of the payment of morlgagc insurance premiums. These items are called "Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for a federally related amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser Lender, it' Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay die E~crow Items. Lender may not charge Borrower fur holding and applying the Funds, annually analyzing the escrow account, or verifying LOAN #: 7823500 5. Hazard or Property lnsu£ance. Borrower shall keep the imprnvements now existing er bereefter eracted on the Property insured against loss by fire. hazards included within the term "extended coverage" and any other hazards, including 0pods or flooding, for which Lender requires insurance, This insurance shall be maintained in the amounts and for the periods that Lender be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, ebon All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shah be applied to restoration or repair o[' the Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the nodca is given. Unless Lender and Borrower otherwise agree in writlng, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payraents. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and p~eeds r~ulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security las~roment immediately Borrower shall occupy, establish, and use the Property as Borruwer's prncipal residence within sixty days after the execution of proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien creeled by this Security Instalment or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Ins~rament or Lender's security interesL Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or stateraents to Lender (or failed to provide Lender with any material information) in connecbon with the loan evidenced by the Note, including, but not limited to, represenladons concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires lee dda to the Property, the leasehold and the fee tilJe shall not merge unless Lender agrees to the merger in wridng. this Security Inslxument, or there is a legal proceeding that may significandy affect Lender's rights in the Property, (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or te enforce laws or regulations), then Lender may do and pay for whatcver is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instrnmetu, appearing in court, paying re.enable attorneys' fees and entering on the Property to make repa~'s. Although Lender may ~ake action under this paragraph 7, Lender oox1553 LOAN f'): 7823500 Any am.o.unts disbursed by Lender under this paragraph 7 shall becmne additional debt of Borrower secured by this Security disbursement at thc Note rate and shall bc payable, with interest, upon notice from Lendar 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 thc premiums required to maintain the mortgage insurance n effect If. for any reason, tha mortgage insarancc covc~ge required by Lender lapses or ceases to ba in effect, Borrower shall pay the premiums required to ebon coverage substantially equivalent to thc mortgage insaranee prevlously in effect at a cost subalantialy equ valent lo the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage usurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available Borrower shat pay to Lender each month a sum equal to one-twelfth of the yearly mortgage nsurance premium being paid by Borrower when the i.~surance coverage lapsed or ceased to be in effect. Lender wii] aceepL, uae and rein. these payments aa a loss t~erve in lieu of mortgage~inanrnnee. Loss reserve that L~nder requires) provided by an iosurer approved by Leader again becomes uvailab e and s obta ned. Borrower shall pay the premiums required to maintain mortgage insurance in effect or to provide a loss reserve, until the requirement for mot gage insurance ends in accordance with any written agree non between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make ran.tunable entries upon and inspections of the Property. Lender shall give Borrower nodce at the time of or prior to an inspection specifying reasonable cause for the inspection, I0. Condemnation. The proceeds of any award or claim for damages, direct or Consequential, in connection with any condemnation 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 Property, the proceeds shaN be app0ed to the sums seX:ured by this Security lax~roment, whethcr or not than duc, with any cxcess paid to Borrower. hs the cvettt efa partial taking of the Property Jo which the fak market value of the Property immedistaly before the taking is equal to or grcatcr than the amount of the sums secured by this Security Instrument immediately before the Inking, unless Burro var a Lender otherwise m~ree in writin,, the sum', =.-c--4,~ k. th~s Security Instrument shall be reduced by me ammmt of thc proceeds mulupbed by the foll~'owml~ fraction: (a') the t~o'~l of.. the s.ums .s~ared tm .m,e. diatal.~, her.ore tile taking, divided by (b) the fair market v',due of the Pr~party mn~Jiately before ammg. any omance sban no pats to ~orrower. In thc event of a partial Inking of tiro Property in which the fair market value of the Property immediately before the taking is less than tho amount of the sums secured mmedialely before the taking, unless Borrower and Lender otherwise agre~ in writing or unless applicable law otherwise provides, tho proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are thee due. It' the Property is abandoned by Borrower, or if. after notice by Lender to Borrower that the condemner offers to make an award or setde a claim for damages. Borrower fa/a to respond to Lender within 30 days after the da~,' the notic.~ is given, Lender is authorized to collect and apply the proceeds, at its option either to restoration or repair of the Property or to the sums secured Unless Lender and Borrower otherwise agree in writing, any application of proceeds to priocipai shall not extend or postpone the due date of the monthly payman[5 referred to in paragraphs 1 and 2 or change tho amount of anehpayments. !I. Borrower Not Released{ Forbearance I1~. Lender Not a Waiver, Extension of the time for payment or modification of amor~/zadon of the sums secured ~y this Security Inse.-ument granted ,by Lender to any successor in interest of Borrower shall not operate to ralease tho liability el the original Borrower or Borrower s successors in interest. Lender shall no/be required to commeece proceedings against any aneeessor 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 orig nat Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy, 12. Successors and Assigns Bmmd; oint and Several L abllit,v Co.signers. The covenants and agreements of this Security lnstrotoent shat! bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions o£ paragraph 17. Borrower S covenants and agreements shall be join and severs. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only m mortgage, grant and convoy that Borrower's interest ia the Property under the terms of this Security Instrument (b) ia no~ personally obligated to pay the sums secured by this Secari y Instrumen; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or 13. Loan Clmrges. If the loan secured by this Securi y Instru nam s subjes to a aw wh ch sets max mum loan charges and that Iaw is finn y nterpreted so that the interest or other loan charges collected or to be co acted in connection with the loan exceed the permitted limits, then: (a) any such loan charge sbal be reduced by the amount necessary o reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If n refund reduces principal, the reduction win be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices, Any notice to Borrower provided for in this Security Instrument shall be g yen by de iver ng it or by mailing it by first class mail unless applica,b~e law requires use of doodler method. The uotlee shall be directed to the Properly Address ,or any other address Borrower designates by notice to Lender Any notice to Lender shall be given by first class mall tn Lender s address stated herein or any other address Lender deslgnat~ by nodce te Borrower. Aoy notice provided for in this Secur y Iostrunmm sba? be deemed to have been given to Borrower or Lender when given as provided in this paragraph. oo 1553m ,947 LOAN #: 7823500 sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a uatuml person) without Lender's prior written consent, Lender may, at it~ option, require immediate payment in full of all sums secured by this Security Instrument. However, this opdon shall not bc exercised by Lender if exercise is prohibited by federal law as of axe date of this than 30 days frmo the date the notice is delivered or mailed witidn which Borrower must pay all sums secured by this Sccu[ity enforcement of dtis Security Instrument discontlmled at any dmc prior to the earlier of: (a) 5 days (or such other pesiod es 19. Sale nf N~te; Changeq~f Loan Servicer. Thc Nme or a partial interest in tim Note (together with fltis Sccorlty given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the uame and information rexluired by applicable law. Borrower shall pmmpdy give Lender written notice of any investigation, claim, demand, lawsuit or other action by any of which Borrower has actual knowledge, If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediafion ut any Hazardous SubsUmce affecting the Property is necessary Borrower shall promptly take all pesticides and herb. icldes, volatile selv?s, materials containing asbestos or formaldehydu, and mdioective materials. Aa used in this paragraph 20, Environmental Law means federal laws and laws of the jurisdiction where the Property s located that relate NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: any covenant ur agreement in this Security Instrument (but not prior to aeceleratio.n under paragraph 17 un ess applicable law provides oiberwlse). Lender shall notify Borrower of, among other thlngs. (a) the default; (bi the action this Security Instrument without further demand and may foreclose ibis Security Instrument by Judicial proceeding. Form 3039 gigo LOAN #: 7823500 22. Release. Upon payment nf all stuns secured by this Security Instrument, Ibis Security Instrument and the estate conveyed shall teton'note and become void. After such occurrence, Lender shall dtschargc and sauidy this Security Instrument to Borrower. Borrower shall pay any recurdedoo coals. Lender may charge Borrower a fee for releasing Ibis Security Instrument, but only il' the l~c is paid to a Ihird party lbr services rendered and thc charging of thc fec is permitted under applicable law. '~3. Waivers. Borrower, Io the extent permitted by applicable law, waives and releases any error or didects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or £utore laws providing for stay of execution, extension of lime, exemption from atlachmcnt, levy and talc, and homestead exemption. 24. Reinstatement Period. Borr.o, wer's time to remstata provided ia paragraph 18 shall extend to one hour prior to thc commaneemant of bidding at a sheriff s sale or other sale pursuant to dfis Security lnstrumcnt. 25. Purchase Money Mortgage. [r any of thc debt secured by this Security lnstrmuant is lent to Borrower to acquire dde to the Property, this Security lns~umant shall be a purchase money mortgage, ~ '~6.1nterest Rate After Judgment Burrnwer agrees that the interest rate payable idler a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rata payable from time to lime under the Nots. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, thc covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if dte rider(s) were a part of this Security Instrument. [Check applicable box(es)] {~ Adjustable Rate Rider(s) ~] Condominium Rider [] 1-4 Family Rider t~ Graduated Payment Rider 1~ Planned Unit Development Rider [] Biweekly Payment Rider [~ Balloon Rider [] Rate hnprovemant Rider [] Second Home Rider [] VA Rider [] Other(s) Ispcclfy] BY SIGNING BELOW, Borrower aecepts and agrees to thc terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. TARA L ANOERSOtl DALE W KELLEY (Seal) (Seal) COMMONWEALTH OF PENNSYLVANIA, On this, the OQ ~c9'~ day of ~ , before me, the undersigned officer, personally appeared '"¥.'"' ' ',';1' ", .. \", ,.~.% ~,,,,. ,,, ,,P....,,.~ ~..~ ~. known per,on ~ who,enema ~ ~ubscnbed~ewl~mms~umeet~dacknowled~at ex~u ed ~e sine for the pu.oses herein contained, My Commtssmn Exp,res: ~ .eH(PA) [s4,o) o, ertl (10/97) Shi~n~rg, Cum~a~ ~. PA My Commi~lon ~lr~ Fe~ ~, 2~ (Seal) (Seal) ?~J' J~(--~ ~--~t ~//-~"' , do~hereby/..~./~,.9 ~eerOfY ~o.ect~ address~/~of County ~: . 00 t553 ;949 SCHEDULE"A" 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; (~.) 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 ~.7 seconds East, a distance of 13~..942 feet to a point at Lot No. 1; thence along Lot No. ~., South 55 degrees 23 minutes 03 seconds West, a distance of 465.675 feet to a point in Crossroad School Road CT'-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 Plan of Mandy b4eadows, prepared by Shelly &Wilter, PIS. Said ptan is recorded in the Cumberland County Recorder's Office in Plan Book 79, Page 44. BEING that same real estate that Harry H. Fox, .Ir., 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. ood5 53 DEED OF TRUST, MORTGAGE RIDER FOR CONSTRUCTION LOAN THIS DEED OF TRUST, MORTGAGE RIDER FOP. 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 property described in the Security Instrument and located at: Lot 2 Mandy Meadows, Carlisle, PA 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 Borrower 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 of each future advance to be made under the Note. 3. 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 tile 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 seeurlty 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 be or may hereafter become 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 eft'oct 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 at'er 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 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 such advance made by 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 specified in the Security Instrument and only to such address, and such notice shall be deemed to have been received 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 f~rther advances by such mortgage holder. 8. Lender's Address. Tile following shall be included in and deemed to bo a part of tho Security Instrument: certi~ that the precise address of the within Lender is as ~ X~l -~1 q/[~. O.e~ff~o t, I specified inff~curity Instrument. Signature: ~~ Agent on beha~Lender State of Ponnsylvania 1 Countyof Cumb~rlandj' 88 R~corded io tho office for Iha recording of Deeds .e'ct~[~lland I~-~;t.~erland CO nly.~., / ood553mf ,953 THIS PAGE WAS LEFT BLANK INTENTIONALLY BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this PJder. Tara L. Anderson Dale W. Kelley U,S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A. HUD-I UNIFORM SETTLEMENT STATEMENT B. Type of L(~an ' ' I [ ] FHA ~.[ ] FmHA 3.[ ] Cony. Unins. 6. File Number: 7. Loan Number: 8. Mortgage Insurance Case Number: 4.[].VA 5.[] Conv. Ins. N/A N/A N/A C. NOTE: This form furnishes 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 totals. D. Name & Address of Borrower: Dale W. Kelley & Tara L. Anderson 7577 Roxbury Road Shippensburg , PA 17257 G. Property Location: Lot 2 Mandy Meadows Cadisle, PA 17013 Cumberland County J. Summary of Borrower's Transaction 100. Gross Amount Due from Borrower: 101. Contract sales pdce 102. Personal Property 103. Borrower's settlement charges (line 1400) 104. UPS 105. ~.djustmente for items paid by seller in advance 106. City/town taxes to 107. County taxes to 108. Assessments to 109. School to 110. ~11. 12. 13. 20. Gross Amount Due from Borrower :00. Amounts Paid by or in Behalf of Borrower: 01. Deposits or earnest money 02. Principal amount of new loan(s) 1~ Draw 03. Existing loan(s) taken subject to 04. $131,765.00 Construction Loan Amt. 05. 96. 07. 38. :)9. djustments for items unpaid by seller 10. City/town taxes to 11. County taxes to 12. Assessments to 13, to r4. 15. 6, 7. 8. 9. :0. Total Paid By/for Borrower 0. Cash at Settlement From/to Borrower 1. Gross amount due from borrower (line 120) 2. Less amounts paid by/for borrower (line 220) 3. Cash [] from ~ to Borrower E. Name, Address & TIN of Seller: F. Name & Address of Lender: Harry H. & Ann G. Fox Countrywide Home Loans, Inc. 15 Montego Court Hampden Ctr, 4830 Carlisle Pike Dillsburg , PA 17019 Mechanicsburg , PA 17055 TIN of Seller: I H. Settlement Agent: Place of Settlement H Aiitho~y AdamS~ Esquire 1281-' King Street ShiPi3ensburg; PA i725'/ I. Sefflement Date: J June28, 1999 K. Summary of Seller's Transaction 400. Gross Amount Due to Seller: 33;900.00401. Contract sales pdce 402, Personal Property $2,831.50 403. 10~00404. 405. Adjustments for items paid by seller in advance P,O.C. 406. City/town taxes to $ 0.00 407. County taxes to $ 0.00 408. Assessments to P.O.C. 409. School to 410. 411. 412. 413. $36,741.50 420. Gross Amount Due to Seller 500. Reductions in Amount Due to Seller: t000;00 501. Excess deposit (see instructions) 26,965~00 502. Settlement charges to seller (line 1400) 503. Existing loan(s) taken subject to 504. Payoffof first mortgage 505. Payoff of second mortgage 506. 507. 508. 509. Adjustments for items unpaid by seller $ 0,00 510. City/town taxes to $ 0,00511. County taxes $ 0.00 512. Assessments $ 0.00 513. 514. 515. 516. 517. 518. 519. $27,965.00 520. 600. $36,741.50 601. $27,965.00 602. $8,776.50 603. to to to Total Reduction Amount Due Seller Cash at Settlement To/from Seller Gross amount due to seller (line 420) Less reductions in amount due seller (line 520) Cash ~ to F'~from Seller (OMB # 2502-0285) 33,900.00 P.O.C. $ 0.00 $ o.oo P.O.C. $33,900.00 $3,741.00 $ 0.00 $ OlOO $ 0.00 $ 0.00 $3,741.00 $33,900.00 $3,741.00 $30,159.00 Substitute Form t099 Seller Statement s information in Blocks E, G, H, I & line 401 (or, if line 401 is asterisked, line 403 and 404) is important tax information and is being nished to the Iqtemal Revenue Service. If you are required to file a return, e sanction will be imposed on you if this item is required to be ~orted and the IRS determines that it has not been reported. If this real estate is your principal residence, file Form 2119, Sale or ;hange of Principal Residence, for any gain, with your income tax return; for other transactions, complete the applicable parts of Form )7, Form 6252 and/or Schedule D (Form 1040). You are required to provide the Sefflement Agent (named above) with your correct payer identification number. If you do not provide the Settlement Agent with your taxpayer identification number, you may be subject to I or criminal penalties imposed by law. Under penalties of perjury, I certify that the number shown on this statement is my correct payer identification number. (Seller's Signature) EXHIBIT 3 g Settta~ent Chargee 70~. Tgtel ~alee/Broker'a Commission: {baaed on price) Division of Commission (line 700) as follows: 701. Re~ ty Executives 702. "~3, Commission paid at Seffiement 704. 800. Items Payable in Connection with Loan 801. Loan Origination Fee % H 802. Loan Discount % 803. Appraisal Fee to Countrywide 804, Credit Report to Countrywide 805. Lender's Inspection Fee 806, Mortgage Insurance Application Fee 807. Tax Service Fee and Flood Certification Fee to Countrywide 808. Plan Review Fee to Countr~vide 809. Courier/Express Fee to Countrywide 810, Construction Admin Fee to Countrywide 811. Plan Review Fee to Countrywide {~Z. Document Preparation Fee to Countrywide 813. 814. 900. Items Required by Lender to Be Paid in Advance 901. Interest from to 902. Mortgage insurance Premium for months to 903. Hazard Insurance Premium for years to 904. years to 905. 1000. Resewe~ Deposited with Lender 1001. Hazard insurance 1002. Mortgage insurance 1003. City property taxes 1004. County property taxes 1005. Annual assessments 1006. School 1007. 1008. Aggregate Account Adjustment 1009. 1 t 80. Title Charges 1101. Settlement/closing fee 1102. AbstractAifle search 1103. Title examination 1104, Title insurance binder 1105. Document preparation to 1106. Notary fees Dawn M, Shoop/Cash 1107. Attorney's fees to H. Anthony Adams, Esquire/Tri County Abstract (includes above item numbers 1108. Title insurance to ABCO (includes above item numbers 1109. Lender's coverage 131,765.00 1110, Owner's coverage 1111, 1112. 1113. 1200. Government Recording and Transfer Charges 1201. Recording fees: Deed 27.50 1202. City/county tax/stamps: 1203. State tax/stamps: 1204, 1205, 1206. 1300. Additional Settlement Charges 1301. Survey 1302. Pest Inspection 1303. 1304. 1305. 1306. 1307. Mortgage 39.50 Deed 339.00 Deed Paid from Borrower's Funds at Settlement 115,00 75.00 60~00 800;00 75~00 150.00 Paid fro~ Seller's .... Funds at Settlement 3.400.00 @ $ per day months ~ $ per month $ 0.00 months ~ $ per month $ 0.00 months ~ $ per month $ 0.00 months ~ $ per month $ 0.(30 months ~ $ per month $ 0.00 months (~ $ per month $ 0.00 10.00 2.00 300.00 P.O.C. 705.50 Release $ 67.00 $ 0.00 Mortgage $ 339.00 339.00 Mortgage $ 0.00 ~3400:: Tote' Settlx~//ent Charges {This Number Tranefem to Lines 103,502 Above, $2,831.50 $3,741.00 /~ CERTIFICATION ( have camfu~iewed the HUD-1 Settlement Statement and to the best of my knowledge end belief, it is a true and accurate statement of all receipts and disbursem~,~flade on ~ acc,.o~unt or by me in this transaction, I further certify that I have received a copy of the HUD-1 Settlement Statement. /,~'~/,.'~... ~- /,.4~,/-~ ~ ,0~ ~ Seller ~.~- ~,'3 ~.0 ~ ~o ~,~ Borrower ~'~ Seller "-~ ~-(~ ~"~'~,/'~.~ Borrower To the best or my k.nowledge the HUD-I Settierc~,..~at~ment which I have prepared is true end accurate account of the funds which were received and have been or wil~(,13~ di~/0~"~l~[~ t-'t~underei~a~of the settlement of this transaction. ,, / _ / ~.~ r''~. ~ t ~,,,.~)~ 3~=,..-.,g'-. ~ Settlement Agent ~.,),/c~/,~/ s~,.~- Date Members FEDERAL CREDIT UNION 5000 Louise Drive * P.O. BOX 40 Mechanicsburg, PA 17055 SOCIAL SECURITY NUMBER CERTtFICATE NUMBER AA58446 DATB OF LOAN 09-27-99 RATE OF INTEREST 1 1,7500 LOAN ~UMBER 58444 MATURITY DATE DEBTOR'S NAME AND ADDRESS ANDERSON~ ]*ARA L. H, ELCEY, DALE W. 7577 ROXBURY RD SHI PF'ENSBURG, ^CCOUNT NUMBEB 118442-05 CO-DEBTOR'S NAME ]FIXED ~--~ VARIABLE CLOSED'END NOTE, DISCLOSURE, LOAN AND SECURITY AGREEMENTS 17257 ANNUAL PERCENTAGE RATE: The cost of your credit as a yeady rate. FINANCE CHARGE: The dollar amount the credit will cost you. Amount Financed: The amount of credit provided to you or on your behalf. Total of Payments: The amount you will have paid after you have made all payments as scheduled, 11. 7500 % $ 1597.44 $ 6000.00 $ 7597.44 Variable Rate: The Annual Percentage Rate may increase dudng the term of this transaction if the N / A Prepayment: If you pay off early, you will not have to pay a penalty. See your contract documents for any addlttsnal informatio~ about nonpayment, default, any reduired repayment in full before me scheduled date and prepayment refunds and penalties, (Index) changes. We add a margin of N / A to the Index value. The ate will change monthly on the first day of the month. The rate will never be higher than the maximum rote allowed by law, and it will never be less than N ./~ . Any interest rate increases wifl result in more payments ef the same 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 [oan would increase by two months. Your Number of Payments Amount of Payments When Payments Are Due Property Insurance: You may obtain property insurance Payment 4'7 158.~ monthly Begin l!-16.-oq from anyone you want that is acceptable to the credit ' ~ ' union. If you get the insurance from the credit union you Schedule !. 1.~,. ~ Final dtte 1.~-'16--O~ willpay will be: $ ~ / A ITEMIZATION OF AMOUNT FINANCED OF $ G~00.00 Amount Paid to $ ~3 / fA. Others on $ n/~ Your Behalf $ nta Security: Collateral secudng other Ioaqs with the credit union ,__.~ the goods or will also secure this loan. You are giving a secudty interest in // property being [--] Other your shares and/or deposit in the credit union, and: [_~ purchased. [ I (Describe): ~ i q n~t ~.t r~ e Late Charge: If a payment is late by 10 days or Required Deposit Balance: The Annual Filing Fees: more,soheduledYOU willpayment.be charged a late fee of 5% of your Percentagerequired depositRatebalance.d°es not take into account your $ n / ~. ITEMIZATION OF THE AMOUNT FINANCED AMOUNTs GIVEN TO YOU4~. / 2,,DIRECTLY~ ~.. sAMOUNT PAID ON YOUR ~. ,..~ ~-7 .ACCOUNT ~,'7 Non-Filing insurance: $ NtA PREPAID FINANCE CHARGE $ nlm To C~*edit Insu~-ar~oe $ n/a To To EI]C ~~ee $ To To $ To NOTE AND SECURITY AGREEMENT (CONTINUED ON REVERSE SIDE) The following paragraph applies only if this is a variable rate loan. The initial rate of interest is N / g %. 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 c~ange as follows; If the N / ~ (index) changes. We will add a margin of {~//'-~ to the index value. The rate will change rr~nthly on the first day of the month. The rate will never be higher than the maximum rate allowed by law,. and it will never be less than N / ~ Any interest rate increases will result in more payments of the same amount. Promise to Pay: You promise to pay $ ~OOO ~ O~ to the credit union plus interest on the unpaid balance at ~ 1 ~ 75OO % per year until what you owe has been repaid. EXHIBIT 4 SECURITY INFORMATION MODEL YEAR I.D. NUMBER TYPE VALUE OTHER (Describe): and/or Deposits of Y°u Pledge Shares I$1AMOUNTT3 / ~'~ ACCOUNT NUMBER sAMOUNT~/'~ ACCOUNT NUMBER I agree that the terms and conditions in the disclosure statement above and the loan and security agreements located on the reverse side of this document shall apply to this loan. If there is more than one borrower, we agree that all the conditions of the loan and security agreements governing this loan shaft apply to both jointly and severally. I acknowledge that I have received a copy of the loan and security agreements and disclosure statement. '~ R' ATURE ) i/~ D TE ~[~'CO-MAK~ [~ *OTHEF~OWNER [] *'GUARANTOR DhTE X (SEAL) [] CO-MAKER [] *OTHER OWNER [] '*GUARANTOR DATE X (SEAL) ,~' [] CO~'M~ER [] 'OTHER OWN[iR ~-I '*GUARANTOR DATE %~.~;O-MAKER [] 'OTHER OWNER [] **GU~NTOR X (SEAL) [~ CO-MAKER [] 'OTHER OWNER [] **GUARANTOR DATE X (SEAL) APPLICATION FOR GROUP CREDIT INSURANCE I we are applying for the credit insurance coverage s selected below and agree to pay the required premium. I(we understand that tees 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 reguired in order to obtain credit, and thet I (we) may terminate it at any time. I (we) understand that if joint lite insurance is selected, we must be o nty and individually able under he loan, and ha co-signeT and guaran ors are not eliit b~e for insurance. APPLICANT CO-APPLICANT The following questions, 1 and 2, must be answered to 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? [] [] [] [] 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 profd for 30 hours or more per week and have been so working or 30 days or mom before this da e? [] [] [] [] In addition, if your loan exceeds $ 1.oo the following question must also be answered in order to determine eligibility. 3. D/~c~l~nNl~j~l~tH~p~[~tR:~,~ alSr cl~l~D~ cirrhosis, Acquired Immune [] [] [] [] My our)answers to the above questions are true to the best of my our knowledge and bdief. If my co-applicant or I answer 'No" to question 1 or 2, we understand that this person is not eligible for insurance and w not be insured. The effective date ot my our insurance will be the date of this application. Any pemon who knowingly and with intent to defraud any insurance company or other person files an api?lcation for insurance or statement of claim containing ~o~,materially false information or conceals ~or the purpose of misleading information concerning any fact material thereto commits a fraudulent msurance a~t, which is a crime and sub ects such person to criminal and civil penalties. DO not sign this application if it contains any blank spaces. This application is void and will not be used in a contest it all blank spaces have not been completed, the debtor has not s gned and dated the application and it the app cat on has not been witnessed. A You are covered only for the types of coverage for which a charge is indicated on this application. ~ \ ~~L~ ~ P L ~ SIGNATURE's..--' [ ' D~TE / ' CO~A~pPI~NT'S ~ ~ATU RE DATE I BATE /SECO"BAR*SENE 'C'AR¥'AF ' N7 I SECONOAR¥SENEF,C, V<CO-A,nL,OA , / COVERAGE REQUESTED $ n/a YES NO Single Credit Life ~ ~ Joint Credit Life ~ indicate which applicant(s): [] Applicant [] Co-applicant INITIAL AMOUNT OF LOAN TOTAL INSURANCE PREMIUM MONTHLY eENEFIT CREDIT DISABILITY CREDIT DISABILITY CREDIT DISABILITY $ ................. nZ ~ ~ ....... ~2z~ .................... n/a_ CREDIT LIFE CREDIT LIFE $ rile nta 97-620037 CP F.43769 Rev. 3/99 NOTE: ONLY ONE APPLICANT MAY APPLY FOR DISABILITY COVERAGE YES NO Credit Disability ~-1 ~ indicate which applicant: [] Applicant [] Co-applicant TERM OF INSURANCE IN MONTHS EFFECTIVE DATE DATE OF BIRTH CREDIT DISABILITY APPLICANT 08-18-77 CO-APPLICANT ~-~.--!7 ~ ~ 9 07-02-76 MEMBER COPY CERTIFICATE OF SERVICE I hereby certify that on April ~ ,2001, I, David A. Bafic, 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 DONNA R. and RAYMOND H. HURLEY, JR. Plaintiffs VS. DALE W. KELLEY and TARA L. ANDERSON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-1140 CIVIL TERM 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: 1. 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 OFF}CES SNELBAKER. BRENNEMAN & SPARE REPLY TO NEW MATTER 9. Admitted. l 0. Admitted. By way of further 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 orS100.00 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 of further 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 of the funds. The amount of said repayments totaled $400.00. It is further averred that Plaintiffs did request that Defendants make regular payments on the doan. 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 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 averments 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 L. 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 L. Anderson admits to liability for repayment of the loan by Plaintiffs and requests that judgment be entered against Dale W. Kelley also. SPARE 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/'actual response is required, Defe~dant 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 g?. 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 of further 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 SNEL~AKER. B~ENNEMAN & SPARE 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 L. Anderson resided in the Roxbury property, [)ale 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 L. Anderson's averments contained in the foregoing paragraph are incorporated herein by reference. 31. Admitted. 32, Denied. It is denied that Tara L. 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 L. 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 L. Anderson never made any contribution to the payment of the interest accruing during the construction of the Crossroad School property. By way of further response, Defendant Tara L. 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 L. 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 SPARE 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 in~brmation sufficient to form a belief as to the truth of the averment that for the period of April 1, 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. Afl:er 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 of further response, Defendant Tara L. Anderson's response to Paragraph 38 above is incorporated herein by reference. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 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 $ 331.17 $ 466.60 $ 133.86 $2,338.36 $ 934.20 TOTAL: $4,384.73 electrical supplies for garage concrete under deck material tbr water softener drywall for garage extra charges from home builder 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 L, Anderson from joint bank accounts. 41. Denied. It is denied that Tara L. Anderson made no contributions to the costs and charges set forth at Paragraph 40. On the contrary, it is averred that Tara L. Anderson did contribute to those costs and charges. By way of further response, Defendant Tara L. Anderson's response to Paragraph 40 above is incorporated herein by reference. 42. Denied. It is denied that 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. It is denied that Tara L. 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. LAW OFFICES & SPARe 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 L. 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 L. Anderson agreed that Dale W. Kelley would be responsible for repayment of the Members First loan in exchange for Tara L. 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 L. 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 L. 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 L. Anderson is liable to Dale W. Kelley are as follows: Description mortgage and escrow payments for Roxbury property Rent of Roxbury property interest during construction of Amount $ 8,262.00 $ 2,500.00 Prol~ortionate Share $ 4,131,00 $1,250.00 8 LAW OFFICES SNELBAKER. BRENNEMAN & SpAre Crossroad School property $ 4,827.88 $ 2,978.84 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 $ 6,439.18 $ 5,172.78 $2,586.39 $39,598.70 $19,799.35 It is denied that Tara L. Anderson is liable for contribution to Dale W. Kelley for the items set forth above. WHEREFORE, Defendant Tara L. Anderson respectfully requests your Honorable Court as follows: (1) 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 L. 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 ~Phi~re, Esquire 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Defendant, Tara L. Anderson VERIFICATION 1 verify that the statements made in the Ibregoing 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. § 4904 relating to unsworn falsification to authorities. Tara L. Anderson Date: April 2~ ,2001 LAW OFFICES 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 L. 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 Date: April~ ¢2001 David A. Baric, Esquire 17 West South Street Carlisle, Pennsylvania 17013 ~~ire Snelbaker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Defendant, Tara L. Anderson LAW OFFICES SNELBAKER, BRENNEMAN & SpAre DONNA R. and RAYMOND H. HURLEY, Plaintiff 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 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. Respectfully submitted, O'BRIEN, BARIC & S¢~[ERER Date: I~/]~/Or~ I.D.David A. Baric, Esquire#44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 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 L. Anderson 347 Bradley Lane Shippensburg, Pennsylvania 17257 David A. Baric, Esquire DONNA R. and RAYMOND H. HURLEY, JR. DALE W. KELLEY and TARA L. ANDERSON : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PA : : CIVIL ACTION - LAW : : NO. 2001- 1140 CIVIL TERM PLAINTIFFS' REPLY TO NEW MATTER The Plaintiffs hereby incorporate by reference the Defendant, Tara L. Anderson's, reply to new matter. 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:Geor~e~F. u§las, ~ Dated: COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS. 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.S.A. § 4904 relating to unsworn falsification to authorities. Date orge ~.I~o 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, llI, ESQ. Supreme Court I.D.# 61886 IN THE COURT OF COMMON PLE. AS OF DONNA R. HURLEY AND RAYMOND H. HURLEY,JR. DALE W. KELLEY AND TARA L. ANDERSON CUMBERLAND COUNTY PENNSYLVANIA PLAINTIFFS No.2001-1140 C~ViLTERM CIVIL ACTION LAW DEFENDANTS 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. Dar:May 11, 2001 Douglas, Douglas, & Douglas by ~,, George F. Douglas, III, Attorney for the Plaintiffs 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 statements herein made are subject to the provisions of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date Date Raymond H. Hurley, Jr. ORDER OF COURT AND NOW, ~],'/ ~_ _ /,z)" ,2001, in, consideration of the forff~/,p'~gg me~tion, //~rf"~J~ ,4-~ ~ ~/ Esquire,~_ ~/~J~ Esquire, ,F~uire, are appointed arbitrators in the above-captioned action as prayed for. By the DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 'DONNA R. I~URLEY AND RAYMOND H. HURLEY,JR. PLAINTIFFS VS WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.# 37926 GEORGE F. DOUGLAS, III, ESQ. Supreme Court LD.# 61886 CUMBERLAND ~U~ PENNSYLVANIA No.2001-1140 C~VlL TERM DALE W. KELLEY AND TARA L. ANDERSON OVIL ACTION LAW DEFENDANTS i 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 counsel or are otherwise disquahfied to sit as arbitrators: David A. Baric, Esquire, 17 West South St., Carlisle, PA 17013 Attorney for Dale W. Kelley Philip ti. Spare, Esquire, Snelbaker, Brenneman & Spare, P.C., 44 W. Main St., Mechanicsburg PA 17055, Attorney for Tara L. 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 George F. Douglas, III, Es"quire 27 W. High St. Carlisle, PA 17013 717-243q790 DONNA R. and RAYMOND H. HURLEY, Plaimiff DALE W. KELLEY and TARA L. ANDERSON, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1140 CIVIL TERM 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 of the board of arbitrators entered in this case on November 19, 2001. A jury trial is demanded .__ is waived). I hereby certify that (1) (2) (check line if jury trial is demanded. Otherwise jury trial the compensation of the arbitrators has been paid, or NOTE: David A. Baric, Esquire lt~tfiKAttomey for Appellant The demand for jury trial on appeal from compulsory arbitration is governed by Rule 1007.1 (b). Xl/lg/01 M0N 11:47 FAX 717 Z40 CLUB Co PROTHONOTARY ~001 t_n The Court oE Co,,~on Pleas C~,L CA~ separately 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. ( ~' ) for trial without a jury. CAPTION OF CASE (entire caption must be stated in full) DONNA R. AND RAYMOND H. HURLEY (check one) ( ) Assumpsit ( ) Trespass ( ' ) Trespass (Motor Vehicle) ( ) Plaintiff) (other) rS, The trial list will be called on 'Peb' 12, 2002 DALE W o KELLEY AND TARA L. ANDERSON and Trials commence on March 11~' 2002 VS~ (Defendant) Pretrials will be held onFeb' 20, 2002. (Briefs are due 5 days before pretrials.) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule=214-1.) 2001-1140 Civil No. Civil 19 Indicate the attorney who will try case for the party who files this praecipe: __ ~eo~ge~F. Douglas, III, Eequire, Attorney for Plaintiffs Indicate trial counsel for other parties if known: David A. Baric, Eequire, Attorney for Dale W. Kelley Philip H. Spare, Esquire, Attorney for Tara L. Amderson Print Name: George F. Douglas, III, Esqui_____~re ~anuary 21, 2002 Attnrn~v f~,- Plaintiffs Date: _ DOUGLAS, DOUGLAS & DOUGLAS 27 W. H1GH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 DONN~'"~"~.iuRLEY A-i~'D RAYMOND H. HURLEY,JR. VS DALE W. KELLEY AND TARA L. ANDERSON PLAINTIFFS WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.# 37926 GEORGE F. DOUGLAS, Ill, ESQ. Supreme Court I.D.# 61886 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No.2001-1140 CIVIL TERM CIVIL ACTION LAW DEFENDANTS Praecipe Please mark this case settled and discontinued. Douglas, Douglas & Douglas Ge6rge F. D~uglas, III, Esq~uire Attorney for Plaintiffs 27 W. High St. Carlisle, PA 17013 717-243-1790 Dated: October 14, 2002 DONNA R. and RAYMOND H. HURLEY, Plaintiff 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 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. Date: January 2, 2003 Respectfully submitted, B?RIC & David A. Baric, Esquire I.D. # 44853 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Defendant, Dale W. Kelley da b.dir/litigation/k¢lley/hu rley/discontinue.pra 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 Mechanicsburg, Pennsylvania 17055 David A. Baric, Esquire PY~510D Cumberland County Prothonotary's Office Case Entries 2001-01140 Filed Date 2/27/01 3/12/01 3/12/01 4/04/01 HURLEY DONNA R JR ET AL (vs) KELLEY DALE W ET AL : 2/27/2001 Time: 2:49 Case Type: COMPLAINT Page 4 of 4 ...... FIRST ENTRY ......... COMPLAINT - CIVIL ACTION 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 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 ANSWER NEW MATTER AND NEW MATTER PURSUANT TO PA R C P 2252 A 4 BY DAVID A BARIC ESQ FOR DEFT + F2=Done F10=Print F12=Cancel F17=Top F18=Bot PYS510D Cumberland County Prothonotary's Office Case Entries 2001-01140 Filed Date 4124/01 5/02/01 5/04/01 5/11/01 5/11/01 HURLEY DONNA R JR ET AL (vs) KELLEY DALE W ET AL : 2/27/2001 Time: 2:49 Case Type: COMPLAINT Page 4 of 4 DEFENDANT TARA L ANDERSONS 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 PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION TO ANSWER AND NEW MATTER DAVID A BARIC ATTY FOR DEFT KELLEY PLAINTIFF'S REPLY TO NEW MATTER BY GEORGE F DOUGLAS III ESQ PETITION FOR APPOINTMENT OF ARBITRATORS BY GEORGE F DOUGLAS III ATTY FOR PLFFS PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION BY GEORGE F DOUGLAS III ATTY FOR PLFFS F2=Done F10=Print F12=Cancel F17=Top F18=Bot PY~510D Cumberland County Prothonotary's Office Case Entries 2001-01140 HURLEY DONNA R Filed Date: 2/27/2001 5116/01 11/19/01 12/17/01 1/22/02 JR ET AL (vs) KELLEY DALE W ET AL Time: 2:49 Case Type: COMPLAINT Page 4 of 4 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 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 NOTICE OF APPEAL FROM AWARD OF BOARD OF ARBITRATORS - BY MICHAEL SCHERER ESQ FOR DAVID A BARIC ESQ PRAECIPE FOR LISTING CASE FOR TRIAL BY GEORGE F DOUGLAS III ESQ FOR PLFFS + F2=Done F10=Print F12=Cancel F17=Top F18=Bot 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 ...... LAST ENTRY ........ F2=Done F10=Print F12=Cancel F17=Top F18=Bot