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HomeMy WebLinkAbout01-1226J. FRANK CHAMBERS, JR. Plaintiff, LYNN K. CHAMBERS and MICHAEL E. CHAMBERS, Defendant. rN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL LAW- ACTION IN LAW NOTICE TO DEFEND 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 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. Your 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 of 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 OF CANNOT AFFORD ONE, GO TO OR TELEPItONE THE OFFICE SET FORTH BELOW TO FIND OUT WItERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 (717) 249-3166 J. FRANK CHAMBERS, JR. Plaintiff, LYNN K. CHAMBERS and MICHAEL E. CHAMBERS, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL LAW- ACTION IN LAW COMPLAINT 1. Plaintiff, J. Frank Chambers, Jr., is an adult individual residing at 14 Shady Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant, Lynn K. Chambers, is an adult individual residing at 124 West Portland, Apartment 23, Mechanicsburg, Cumberland County, Pennsylvania. 3. Defendant, Michael E. Chambers, is an adult individual residing at 223 South York Street, Mechanicsburg, Cumberland County, Pennsylvania. 4. The Oral Agreement provided that Plaintiff would lend Twenty Thousand Dollars ($20,000.00) (herein "Loan") to the Defendants as a down payment on the property referred to in the Written Agreement. Plalntiffand Defendants entered into an oral agreement whereby Defendants agreed to repay said loan at the rate of One Thousand Dollars ($1,000.00) per year until the loan was paid in full. 5, On June 16, 194, Defendants made and delivered to Plaintiff articles of agreement (hereinafter "Written Agreement"). A true and correct copy of the Written Agreement is attached hereto as Exhibit A. 6. Plaintiffrecorded the Written Agreement in the office of Recorder of Deeds of Cumberland County on September 9, 1994. 7. The Written Agreement incorporated and acknowledged a pre-existing oral agreement (hereinafter "Oral Agreement") between James Frank Chambers, Plaintiff, and Michael Edward Chambers, Defendant. 8. Defendants have paid only One Hundred Dollars ($100.00) on the loan. 9. Despite demand, Defendants have refused to pay back the loan as promised. WHEREFORE, Plaintiff demands judgment against Defendants in the sum of Twenty Thousand Dollars ($20,000.00), and costs. In the alternative, Plaintiffdemands a declaratory judgment on the validity and existence of the Oral Agreement in favor of Plaintiff. Respectively submitted, ROBINSON & GERALDO By: ~~ Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110-5320 (717) 232-8525 Attorney for Plaintiff ~ECOR~£~ OF ~DS ~fl'; ~ T~H~S2~_~.EMENT' made the 16th day of June, 1994, between J;%2/ES FRANK CHAMBERS, JR. and MARY I. CHAMBERS, husband and wife, hereafter referred to as sellers, and MICHAEL EDWARD CHAMBERS and LYNN KATHARINE CHAMBERS, husband and wife, hereafter referred to as buyers, WITNESS, that the sellers, in consideration of the convenants and agreements contained in this Agreement, on the part of the buyers to be kept and performed, have agreed and do hereby agree to sell and convey unto the buyers, or their heirs, all the land and premises known as 223 South York Street, Mechanicsburg, Cumberland County, Pennsylvania, for the principal sum of $91,200.00, to be paid as follows: $20,000.00 to be paid per the pre-existing agreement between JAMES FRANK CHAMBERS, JR., one of the sellers herein, and MICHAEL EDWARD CHAMBERS, one of the buyers herein, the existence and validity of said agreement being acknowledged by the parties to this Agreement, The parties furthe~ a0kn0~ledge payments by the buyers, since October 1, 1993, amounts equal to the monthly installment payments required by the sellers' mortgagee pursuant to t~e thirty year adjustable rate note and mortgage dated August 2, 1993, the latter being recorded in Cumberland County Mortgage Book 1155 page 270, hereafter referred to as the "Mortgage" (said payments being, as of the date of this Agreement, $425.00). The remaining balance due under the "Mortgage", together with interest thereon at the rate equal to the mortgage interest rate set by the "Mortgage'' and escrow payments required by the "Mortgage" is to be paid in consecutive monthly installments by the buyers to the sellers or to the sellers' mortgagee under the "Mortgage". The monthly installment payments are and will continue to be equal to the monthly installment payments required by the "Mortgage". The installment payments shall continue as of July 1, 1994, and shall be paid on the first of each consecutive month thereafter until June 30, 2004, when the entire balance on the "Mortgage", as determined by the payoff figure, shall be paid in full by buyers. The final payment under this A~reement is to be a balloon payment of the entire amount required to satisfy the "Mortgage". It is understood that buyers will refinance this final or balloon payment on or before, at buyers' election, June 30, 2004, or. shall assume the "Mortgage" currently encumbering the property. In the event financing is not available as of June 1, 2004, and the "Mortgage" cannot be assumed, buyers will reapply for financing every 12 months thereafter until financing is obtained, unless they are relieved by sellers of the requirement to reapply. A Articles of Agreement dated June 16th, 1994 page 2 On or before June 30, 2004, there shall be a settlement called "Final Settlement", at which time the deed shall be exchanged for the satisfaction of the terms of payment set forth in this Agreement. Realty transfer taxes shall be divided equally between the parties at this Final Settlement. The parties further agree that, during the term of this Agreement, the following shall apply: Buyers will not assign this Agreement or sell the property without the written consent of the Sellers. Sellers will retain the right to inspect the property at any reasonable time. Buyers will maintain the property in good and substantial repair until Final Settlement and will comply with the Housing Code standards, fire safety or other government requirements. Sellers have received no notice of any violation of any governmental requirements. Should the buyers be unable to make the required payments equal to the amount required by the "Mortgage", sellers may make such payments. Buyers will remain obligated to sellers for any such payments made on their behalf until the same are paid in full or at Final Settlement, whichever shall come first. IN WITNESS WHEREOF, the,parties to thais agreement have executed the same this /~ffday of ~/A/~ , 1994. Signed, Sealed&Delivered in the Presence of: ~JAMES FRANK CHAMBERD, JR./ 5ooK 48t I ^ Et030 Articles of Agreement dated June 16th, 1D94 page 3 TO the Recorded of Deeds: I certify that the correct address and place of residence of the buyers herein ~.e as follow~: 223 $ouCh York StreeC, Mech&nicsburg, Pennsylvania Thoma~ M. K s u re Commonwealth of Ponn~ylvania Cumberland County : witness my hand a~d notari'al ~eal the day. year afores~~~ Mecha.l~ur~, Cnm~eriand Courtly Commonwealth o~ Pennsylvania · Cumberland County : On this /~day of June, 1994. before me. the subscriber, husband and wife, who In due form of law acknowledged the foregoing Agreement to be their act and desired that the same might be recorded such. My Comiseion ' ~ ~~dand 60~nly Commonwealth of Pennsylvania Cumberland County RECORDED in the Officer for Recording Deeds, Mortgages, etc. in and for the County of Cumberland, commonwealth of Pennsylvania, in Misc. Book page 481_ page ADDENDUM - LEGAL DESCRIPTION OF PROPERTY ALL THAT CERTAIN lot or peice of ground situated in Mechanicsburg Borough, Cumberland County, Commonwealth of Pennsylvania, bounded and described according to a survey dated December lB, 1972, by Gerrit J. Betz, Registered Surveyor, as follows, to wit: BEGINNING at a point on the Easterly right-of-way line of South York Street (60 feet wide) as a p.k. being the Northwest cornere of Lot No. 20 and being measured Northwardly along the Easterly right-of-way line of said South York Street, 90.00 feet from the conter line of West Keller Street; thence extending from said BEGINNING point along said South York Street, North 20 degrees 40 minutes West 31.0 feet to a drill hole, a corner of lands now or late of Roe N. Kost; thence extending along lands of Kost, North 69 degrees no (0) minutes East, 165.0 feet to a hub on the Westerly side of a 20 foot wide alley; thence along said alley South 20 degrees 40 minutes East, 32.0 feet to a hub; thence extending along lands now or late of Albert Brubaker and Carl L. Rynard South 69 degrees 20 minutes West 165.0 feet to the aforementioned point and place of BEGINNING. BEING known and designated as House No. 223 South York Street. BEING THE SAME PREMISES which Barry L. Heckard and Debbie K. Heckard, husband and wife, by Deed dated August 2nd, 1993, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book L, Volume 36, page 317, granted and conveyed unto James Frank Chambers, Jr. and Mary I. Chambers, husband and wife, sellers in this Agreement. VERIFICATION I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. c.."/ J. FRANK CHAMBERS, Jla, PLA~/TIFF CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 12th day of February, 2001, I caused a true and correct copy of the Complaint to be served upon the following individual by certified mail, return receipt requested, restricted delivery by depositing same in the United States mail, postage prepaid, in Harrisburg, Pennsylvania. Susan Candiello, Esquire 5021 East Trindle Road Suite 100 Mechanicsburg, PA 17050 Michael Chambers P.O. Box 562 Mechanicsburg, PA 17055 Respectfully submitted, ROBIN~T ~ ~RALDO. By: ~~x,~ Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 J. FRANK CHAMBERS, JR. Plaintiff, V. LYNN K. CHAMBERS and MICHAEL E. CHAMBERS, Defendants. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 01-1226 Civil Term CIVIL LAW- ACTION IN LAW PROOF OF SERVICE The undersigned makes the following return of service: the Civil Complaint was served upon SUSAN K. CANDIELLO, Esquire, Counsel for Defendant, on March 2, 2001 at 5021 East Trindle Road, Suite 100, Mechanicsburg, Cumberland County, Pennsylvania. The signed acceptance of service is attached hereto as Exhibit 1. SIGNATURE AND AFFIDAVIT I, Gerald S. Robinson, Esquire, certify that I am a competent adult not a party to this action. I verify that the statements made in this affidavit and return of service are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsfication to authorities. Respectfully submitted, Dated: ROBINSON & GERALDO Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 J. FRANK CHAMBERS, JR. Plaintiff, Vo LYNN K. CHAMBERS and MICHAEL E. CHAMBERS, Defendants. 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. CIVIL LAW- ACTION IN LAW ACCEPTANCE OF SERVICE 1, SUSAN K. CANDIELLO, Esquire, certi~ that I accepted service of the Civil Complaint filed on or about March 1, 2001 on behalf of the Defendant, Lynn K. Chambers and certify that I am authorized to do so. Suite 100 Mechanicsburg, PA 17050 Attorney for Defendant, ~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY OF PENNSYLVANIA J. Frank Chambers, Jr. Plaintiff VS. Lynn K. Chambers Defendant -And- Michael E. Chambers Defendant Civil Law-Action in Law ANSWER TO COMPLAINT By: LYNN K. CHAMBERS Pro se files the following answer to Plaintiff's Civil Complaint 1. Admitted. 2. AdmiRed, in part. Defendant's address is L24 W. Portland St., Apt. 28, Not Apt. 23. 3. Admitted. 4. Denied by way of further explanation. Plaintiffoffercd to provide Defendants twenty thousand dollars ($20,000.00) to purchase a house. Because of Defendant Michael Chambers' bankruptcy, procuring a mortgage with his own name was not feasible. Therefore, Plaintiffused that $20,000.00 as down payment on York Street property, and secured the mortgage in Plaintiff's name. 5. Admitted. 6. Admitted. Chambers vs. Chambers No. Admitted, by way of further explanation. The sole basis of the Written Agreement (EXItIBIT A) was for Defendants Lyim and Michael Chambers to successfully take possession (get a new Mortgage in our names) of the marital home before a fixed date. This did occur in 1998, when Michael's credit had healed enough to procure a mortgage. Hence property was deeded over (EXHIBIT B) as part of Written agreement allocates. Defendant has insufficient information in order to admit or deny this allegation. Denied, by way of further exolanation. Plaintiffhad never asked for the money, fi.om 1994 through 2000. It was only atter Defendant Lynn Chambers filed for divorce against co-Defendant Michael Chambers that this suddenly became an issue with Michael Chambers. Even as late as the end of summer, 2000, in a conversation regarding their mutual grandchildren, the length and cost of the divorce, etc., the Plaintiff made the following statement to Defendant Lynn Chambers' mother: "This is going on too long and it's so foolish - with the bills they're each running up with these lawyers, I'm afraid that they will end up losing even that money I gave them and come out of this with nothing!" In approximately November, 2000, it was decided that the marital home be sold, and the proceeds be split. It was then that Plaintiffclaimed debt was owed. NEW MATTER 10. 11. 12. 13. 14. 15. 16. 17. Paragraphs I through 9 of this complaint are incorporated herein by reference thento. Plaintiff inherited a sum of money in 1992-93. Plaintiffgave each of his stepchildren and his son, Defendant Michael Chambers, a share of this money. Due to Defendant Michael Chambers' bankruptcy, Plaintiffoffered to purchase a home using $20,000 down payment. The mortgage was in Plaintit~s and Plaintiffs wife's name but the Defendants made the mortgage payments. A written sales agreemem was drawn up(Exhibit A). This stated that Plaintiff and his Wife would acquire the mortgage for the property until the Defendants could acquire their own mortgage. Defendants acquired their own mortgage in 1998. Written agreement stated that "On or before June 30, 2004, there shall he a settlement called 'Final Settlement', at which time the Deed shall be exchanged for the satisfaction of the tern of payment set forth in this agreement." (Exhibit A, page 2, paragraph 1). Please note at the time of this "Final Settlement" the Plaintiff and his Wife signed over the house to Defendants and, again, there was no mention of any money owed. On September 25, 1998, Deed to property was legally transferred from Plaintiff and his Wife to the Defendants as provided in the Written Agreement. Furthermore, Deed (dated and signed by Plaintiffon September 25, 1998 - Exhibit B, page 1, paragraph 3,) specifies: "WITNESSETH, that the Grantors for and in consideration of EIGHTY-EIGHT THOUSAND and 00/100 DOLLARS ($88,000.00), lawful money of the United States of America, to the Grantors in hand well and truly paid by the Grantees, at or before the sealing and delivery of these presents, the receO~t whereof is hereby acknowledged and the Grantors bein~ therewith fullv satisfied, do by these presents grant, bargain, sell and convey until the Gt~mtees forever.' Chambers vs. Chambers, # 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. Due to irreconcilable differences Defendant Lynn Chambers filed for divorce in November, 1999 (#99-6904 Cumberland County). Defendant Lynn Chambers moved from marital home with children February 2000. Marital residence is presently up for sale and listed with Howard Hanna Realtor for sum of$119,900. Attorney Gerald Robinson represents Defendant Michael Chambers in divorce and custody proceedings. Attorney Gerald Robinson is representing Defendant Michael Chambers in this Civil action. Attorney Gerald Robinson is also representing the Plaintiff, J. Frank Chambers, Jr., Michael's father, in this matter. Plaintiffand defendant, Michael Chambers, have a warm and binding relationship as father and son. Defendant Lynn Chambers requests that the Court find the Plaintiff and Defendant Michael Chambers are in collusion to collect money from Defendant Lynn Chambers. Defendant Lynn Chambers requests that the Court finds that it is unethical and a blatant conflict of interest for both Defendant and Plaintiff to be employing the same attorney. Defendant Lynn Chambers requests that the Count find that this is a case of pure malice towards the Defendant - pay back per se for Divorce/ Custody/Domestic iRelations proceedings filed against Defendant Michael Chambers. Above all, Defendant Lynn Chambers requests that the Court finds the provisions listed in the Written Agreement (Exhibit A) and the Deed (Exhibit B) supersede any implied agreements. Chambers vs. Chambers, #. WHEREFORE, Defendant Lynn K. Chambers respectfully requests that the Court find this Complaint invalid due to the factors listed above. Pro Se LYNN K. CHAMBERS 124 West Portland Street, Apt. 28 Mechanicsburg, PA 17055 EXHIBIT A ARTICLES OF AGREEMENT THIS AGREEMENT, made the 16th day of June, 1994, between JAMES FP3~NK CHAMBERS, JR. and MARRY I. CHAMBERS, husband and wife, hereafter referred to as sellers, and MICHAEL EDWARD CHAMBERS and LYNN KATHARINE CHAMBERS, husband and wife, hereafter referred to as buyers, WITNESS, that the sellers, in consideration of the convenants and agreements contained in this Agreement, on the part of the buyers to be kept and performed, have agreed and do hereby agree to sell and convey unto the buyers, their heirs, all the land and premises known as 223 South York Street, Mechanicsburg, Cumberland County, Pennsylvania, for the principal sum of $91,200.00, to be paid as follows: $20,000.00 to be paid per the pre-existing agreement between JAMES FRANK CHAMBERS, JR., one of the sellers herein, and MICHAEL EDWARD CHAMBERS, one of the buyers herein, the existence and validity of said agreement being acknowledged by the parties to this Agreement. The parties further acknowledge payments by the buyers, since October 1, 1993, amounts equal to the monthly installment payments required by the sellers' mortgagee pursuant to the thirty year adjustable rate note and mortgage dated August 2, 1993, the latter being recorded in Cumberland County Mortgage Book 1155 page 270, hereafter referred to as the "Mortgage" (said payments being, as of the date of this Agreement, $425.00). The remaining balance due under the "Mortgage", together with interest thereon at the rate equal to the mortgage interest rate set. by the "Mortgage" and escrow payments required by the "Mortgage" is to be paid in consecutive monthly installments by the buyers to the sellers or to the sellers' mortgagee under the "Mortgage". The monthly installment payments are and will continue to be equal to the monthly installment payments required by the "Mortgage". The installment payments shall continue as of July 1, 1994, and shall be paid on the first of each consecutive month thereafter until June 30, 2004, when the entire balance on the "Mortgage", as determined by the payoff figure, shall be paid in full by buyers. The final payment under this Agreement is to be a balloon payment of the entire amount required to satisfy the "Mortgage". It is understood that buyers will refinance this final or balloon payment on or before, at buyers' election, June 30, 2004, or shall assume the "Mortgage" currently encumbering the property. In the event financing is not available as of June 1, 2004, and the "Mortgage" cannot be assumed, buyers will reapply for financing every 12 months thereafter until financing is obtained, unless they are relieved by sellers of the requirement to reapply. Articles of Agreement dated June 16th, 1994 page 2 On or before June 30, 2004, there Shall be a settlement called "Final Settlement", at which time the deed shall be exchanged for the satisfaction of the terms of payment set forth in this Agreement. Realty transfer taxes shall be divided equally between the parties at this Final Settlement. The parties further agree that, during the term of this Agreement, the following shall apply: ., Buyers will not assign this Agreement or sell the property without the written consent of the Sellers. Sellers will retain the right to inspect the property at any reasonable time. Buyers will maintain the property in good and substantial repair until Final Settlement and will comply with the Housing Code standards, fire safety or other government requirements. Sellers have received no notice of any violation of any governmental requirements. Should the buyers be unable to make the required payments equal to the amount required by the "Mortgage", sellers may make such payments. Buyers will remain obligated to sellers for any such payments made on their behalf until the same are paid in full or at Final Settlement, whichever shall come first. IN WITNESS WHEREOF, the. parties to th~s agreement have executed the same this /~day of _2~A/~_ , 1994. Signed, Sealed & Delivered 1) in the Presence of: MICHA'EL EDWARD CHAMBERS Articles of Agreement date'd June 16th, 1994 page 3 To the Recorded of Deeds: I certify that the correct address and place of residence of the buyers herein is as follows: 223 South York Street, Mechanicsburg, Pennsylvania e Co~onwealth of Pennsylvania ~. : SS Cumberland County : On this ~ day of June, 1994, before me, the subscriber, personally came J~S F~K C~BER$, JR. and ~Y I. CH~BERS, husband and wife, who in due form of law acknowledged the foregoing Agreement to be their act and desired that the same might be recorded as such. Witness my hand and notarial seal the day and year aforesa~d~ My Comission Ex~ir~DE WAH!.(R NAi~5, Pyhl)c | Mechanicsburg. CumberlanU County ~ My Commission Expires. Feb. 17. 1996 ¢o~onwea[th of Pennsylva~£a : Cumberland County : On this day of June, 1994, before me, the subscriber, personally came MICHAEL EDWARD CHAMBERS and LYNN KATHARINE CHAMBERS, husband and wife, who in due form of law acknowledged the foregoing Agreement to be their act and desired that the same might be recorded as such. Witness my hand and notarial seal the day and year afore~ea~d. My Comission E~ir~' NOTARLqLSEAL. Mechanicsburg. C~mberland County My Commission Exp,res Feb. 17. 1996 Commonwealth of Pennsylvahia : Cumberland County : RECORDED in the Officer for Recording Deeds, Mortgages, etc. in and for the County of Cumberland, Commonwealth of Pennsylvania, in Misc. Book page Articles of Agreement dated June 16th, 1994 page 4 ADDENDUM - LEGAL DESCRIPTION OF PROPERTY ALL THAT CERTAIN lot or peice of ground situated in Mechanfcsburg Borough, Cumberland County, Commonwealth of Pennsylvania, bounded and described according to a survey dated December 18, 1972, by Gerrit J. Betz, Registered Surveyor, as follows, to wit: BEGINNING at a point on the Easterly right-of-way line of South York Street (60 feet wide) as a p.k. being the Northwest cornere of Lot No. 20 and being measured Northwardly along the Easterly right-of-way line of said South York Street, 90.00 feet from the center line of West Keller Street; thence extending from said BEGINNING point along said South York Street, North 20 degrees 40 minutes West 31.0 feet to a drill hole, a corner of lands now or late of Rae N. Kost; thence extending along lands of Kost, North 69 degrees no (0) minutes East, 165.0 feet to a hub on the Westerly side of a 20 foot wide alley; thence along said alley South 20 degrees 40 minutes East, 32.0 feet to a hub; thence extending along lands now or late of Albert Brubaker and Carl L. Rynard South 69 degrees 20 minutes West 165.0 feet to the aforementioned point and place of BEGINNING. BEING known and designated as House No. 223 South York Street. BEING THE SAME PREMISES which Barry L. Heckard and Debbie K. Heckard, husband and wife, by Deed dated August 2nd, 1993, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book L, Volume 36, page 317, granted and conveyed unto James Frank Chambers, Jr.. and Mary I. Chambers, husband and wife, sellers in this Agreement. EXHIBIT B jsk~EEDStCHAMBERS.DED September 24, 1998 THIS DEED, Made the day of ~ ,1998, Tax Parcel No. 20-23-0567-141 BETWEEN JAMES FRANK CHAMBERS, JR. and MARY I. CHAMBERS, husband and wife, Parties of the First Part, hereinafter designated as the Grantors, MICHAEL E. CHAMBERS and LYNN K. CHAMBERS, husband and wife, Parties of the Second Part, hereinafter designated as the Grantees. WITNESSETH, that the Grantors for and in consideration of EIGHTY-EIGHT THOUSAND and 00/I00 DOLLARS ($88,000.00), lawful money of the United States of America, to the Grantors in hand well and truly paid by the Grantees, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantors being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto t~he Grantees forever. ALL THAT CERTAIN lot or piece of ground situate in Mechanicsburg Borough, Cumberland County, Pennsylvania, bounded and described according to a survey dated December 18, 1972 by Gerrit J. Betz, Registered Surveyor, as follows, to wit: BEGINNING at a point on the Easterly right-of-way line of South York Street (60 feet wide) at a p.k. being the Northwest corner of Lot No. 20 and being measured Northwardly along the Easterly right-of-way line of said South York Street, 90.00 feet from the center line of West Keller Street; thence extending from said BEGINNING point along said South York Street, North 20 degrees 40 minutes West 31.0 feet to a drill hole, a corner of lands now or late of Rae N. Kost; thence extending along lands now or late of Kost, North 69 degrees no minutes East, 165.0 i~,,~DEEDS\CHAMBERS,DED September 24, 1998 feet to a hub on the Westerly side of a 20 feet wide alley; thence along said alley South 20 degree s 40 minutes East, 32.0 feet to a hub; thence extending along lands now or late of Albert Brubaker and Carl L. Rynard South 69 degrees 20 minutes West 165.0 feet to the aforementioned point and palce of BEGINNING. BEING known and designated as House No. 223 South York Street. BEING the same premises granted and conveyed unto James Frank Chambers, Jr. and Mary I. Chambers, by Deed of Barry L. Heckard and Debbie K. Heckard, dated August 2, 1993 and recorded August 4, 1993 in the Cumberland County Recorder of Deeds Office in Deed Book L, Volume 36, Page 317. BEING a transfer from father and mother to son and daughter-in-law, it is therefore exempt from Pennsylvania Realty Transfer Tax. UNDER AND SUBJECT, nevertheless, to all other conditions and restrictions of record, if any, as they may appear. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and to the Grantees' proper use and benefit forever. AND the Grantor covenants that, except as may be herein set forth, they do and will forever specially warrant and defend the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grantors and all other persons lawfully claiming the same or to claim the same or any part thereof, by, from or under it, them or any of them. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. Wherever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, executors administrators, personal or legal representatives, successors and assigns" had been inserted after each and every such designation. jskiDEEDS\CHAMBERS,DED September 24, 1998 IN WITNESS WItEREOF, the Grantors have hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered in the presence of ~A~MES FRANK CHAMBERS, JR. ¢ HAMBERS THE UNDERSIGNED CERTIFIES THAT THE RESIDENCE AND COMPLETE POST OFFICE ADDRESS OF THE GRANTEE IS: Street City State Zip Cod~ 487 jS,,~DEEDS\CHAMBERS.DED September 24, 1998 COMMONWEALTH OF PENNSYLVANIA ) : SS. BE IT REMEMBERED, that on the ~}._~ day of..~O.{3-Cx~ , 1998, before me the subscriber personally appeared James Frank Chambers, Jr. and Mary I. Chambers, known to me (or satisfactorily proven) to be the person(s), whose name(s) are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Public COMMONWEALTH OF PENNSYLVANIA ) · SS COUNTY OF CUMBERLAND ) Camp Hlfl Boro. Cumber My Co~m~sior, Ex?res., Sept.__ ~r, PennsCv~, Recorded in the Office o,f the Recorder of Deeds, etc., in and for said County, in Book [~_~ , Page qq~ Witness my Hand and Official Seal this /~)~ day of ¢(>2~ , 1998. i86 mE 488 (g) "unmarketability of thetJtfe': an alleged o~ apparent hatter affecting the title to the land, not excluded or excepted rom coverage, which would entitle a purchaser of the estate or nterest described in Schedule A to be released from the ~biigation to purchase by virtue of a contractual condition oouirino the deliverv of marketable title. TERMINATION OF LIABILITY. and Stipulations, the loss or damage shall be payable within ncaseofacamunderthspo cy, thaCompanvshallhave 30 days thereafter. ' the following additional pptJans: (a) To Pay or Tender Payment of the Amount of 13. SU'BROGATION UPON PAYMENT Insurance, OR SETTLEMENT. Tn nay nr tend, iff oavmeflL~t the amount of insurance First American Title Insurance Company OWNER'S FORM Schedule A Policy No.: 703578 Owner's Date of Policy: Loan's Date of Policy: October 1, 1998 October 1, 1998 Amount: $88,000.00 Amount: $73,000.00 Name of Insured on the Owner's Policy: MICHAEL E. CHAMBERS and LYNN K. CHAMBERS, his wife The estate or interest referred to herein is at Date of Policy vested in: MICHAEL E. CHAMBERS and LYNN K. CHAMBERS, his wife, by Deed from JAMES FRANK CHAMBERS and MARY I. CHAMBERS dated September 25, 1998, and recorded October I, 1998, in Deed Book 186, Page 485, in the CUMBERLAND County Recorder of Deeds Office. The estate or interest in the land described in this Schedule and which is encumbered by the insured mortgage is Fee Simple. The mortgage, herein referred to as the insured mortgage, and the assignments thereof, if any, are described as follows: MICHAEL E. CHAMBERS and LYNN K. CHAMBERS, his wife, to SOURCE ONE MORTGAGE SERVICES CORPORATIOI~, dated September 25, 1998, to secure 73,000.00 with interest, and recorded October 1, 1998, in Mortgage Book 1486, Page 931. in the CUMBERLAND' County Recorder of Deeds Office. The land referred to in this policy is situated in the Commonwealth of Pennsylvania, County of CUMBERLAND, and is described as follows: PROPERTY ADDRESS: 223 S. YORK STREET MECHANICSBURG, PA 17055 This policy valid only if Schedule "B" is attached. Policy No.: 703578 First American Title Insurance Company OWNER'S FORM Schedule B This policy does not insure against loss or damage by reason of the following: 1. Any variation of lines or dimensions or other matters which an accurate survey would disclose. 2. Easements, or claims of easements, now shown by the public record. 3. Possible additional tax assessments for new construction and/or major improvements, not yet due and payable. VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification~)iuthorities. __ LYNbrK. C~ERS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY OF PENNSYLVANIA J. Frank Chambers, Jr. Plaintiff VS. Lynn K. Chambers Defendant -And- Michael E. Chambers Defendant No. Civil Law-Action in Law NOTICE TO PLEAD TO: Gerald Robinson, Atty. You are hereby notified to file a written response to the enclosed RESPONSE TO COMPLAINT within twenty (20) days from service hereof or a judgment maybe entered against you. PrO~~K. CHAMB~E R~~~ Dated'.~ ~-~ , 2001 124 WEST PORTLAND ST, Apt 28 MECHANICSBURG, PA 17055 Telephone (717-691-8507) CERTIFICATE OF SERVICE I, Lynn Chambers, do hereby certify that on the 22~ day of March, 2001, I caused a true and correct copy of the Response to Compla'mt to be served upon the following individuals by cert'rfied mail, return receipt requested, restricted delivery by depositing same in the United States mail, postage prepa'd, in Harrisburg, Pennsylvania. Gerald Robinson, Atty. 4407 North Front St. PO Box 5320 Harrisburg, PA 17110 Michael E. Chambers PO Box 562 Mechanicsburg, PA 17055 J. Frank Chambers 14 Shady Road Camp Hill, PA 17011 LYNN K. CHAMBERS 124 WEST PORTLAND STREET., #28 MECHANICSBURG, PA 17055 (717-691-8507) J. FRANK CHAMBERS, JR. Plaintiff, LYNN K. CHAMBERS and MICHAEL E. CHAMBERS, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL LAW- ACTION IN LAW PROOF OF SERVICE The undersigned makes the following return of service: the Civil Complaint was served upon Michael E. Chambers, the Defendant, on March 15, 2001 at P.O. Box 562, Mechanicsburg, CumberlandCounty, Pennsylvania. The signed receipt is attached as Exhibit 1. SIGNATURE AND AFFIDAVIT I, Gerald S. Robinson, Esquire, certify that I am a competent adult not a party to this action. I verify that the statements made in this affidavit and return of service 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 falsfication to authorities. Dated: Respectfully submitted, ROBINSON & GERALDO Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff J. FRANK CHAMBERS, JR. Plaintiff, LYNN K. CHAMBERS and MICHAEL E. CHAMBERS, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. CIVIL LAW~ ACTION IN LAW ACCEPTANCE OF SERVICE I, Michael E. Chambers, certify that I accepted service of the Civil Complaint filed on or about March 1, 2001. Date ich~l~E'~Chambers, Defendant P.O. Box 562 Mechanicsburg, PA 17055 J. FRANK CHAMBERS, JR. Plaintiff, LYNN K. CHAMBERS and MICHAEL E. CHAMBERS, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 01-1226 Civil Term CIVIL LAW- ACTION IN LAW ANSWER TO NEW MATTER AND NOW, comes the Plaintiff, J. FRANK CHAMBERS, by and through lfis attomey, GERALD S. ROBINSON, ESQUIRE, and files this ANSWER TO NEW MATTER, and in support thereof states as follows: 1-9. Paragraphs 1 - 9 of Plaintiff's Complaint are hereby incorporated by reference. 10. Neither Admitted, Nor Denied. Plaintiff need not respond to this paragraph. 11. Admitted in Part, Denied in Part. It is admitted that Plaintiff inherited a sum of money in 1992-1993, but it is specifically denied giving a share of this money to his son and his stepchildren. 12. using a down payment. By way of further explanation, the $20,000 down payment was a loan to help the Defendant's secure their own affordable mortgage. 13. Admitted. 14. Admitted. 15. Admitted in Part, Denied in Part. It is admitted that there exists a wrillen agreement and that Plaintiff signed over the house to the Defendants, however, it is denied that Admitted. It is admitted that Plaintiffoffered to help Defendants purchase ahome there was no mention of money owed. By way of further explanation, it was understood by the Defendants that the $20,000 was still owed to the Plaintiff. 16. Admitted. 17. Admitted in Part, Denied in Part. It is admitted that the Deed states as Defendant Lynn Chambers specifies. It is denied however, that the $88,000 stated within the deed was the full amount owed. By way of further explanation, Defendants still owed the $20,000 to Plaintiff. 18. Admitted. 19. Admitted. 20. Admitted. 21. Admitted. 22. Denied. It is specifically denied that Gerald S. Robinson, Esquire is representing Michael Chambers in the present civil action. 23. Admitted. 24. Admitted. 25. Denied. At no time have Plaintiff and Defendant Michael Chambers been in collusion to collect money from Defendant Lynn Chambers. 26. Denied. It is denied that a conflict of interest exists since Gerald S. Robinson is not representing Defendant Michael Chambers in this civil action. 27. Denied. It is denied that this case was filed with malice toward Defendant Lynn Chambers as "pay back" for divorce/custody/domestic relations' proceedings against ]Defendant Michael Chambers. To the contrary, this civil action was filed against both Defendant Michael Chambers and Defendant Lynn Chambers in an effort to obtain full payment on Plaintiff's $20,000 loan. 28. Denied. The provisions listed in the written agreement and the Deed should not supercede any implied agreements. WHEREFORE, Plaintiffrespectfully requests Defendant Lynn Chambers New Matter be dismissed and demands judgment against Defendants in the sum of Twenty Thousand Dollars ($20,000.00), and costs. In the alternative, Plaintiff demands a declaratory judgment on the validity and existence of the Oral Agreement in favor of Plaintiff. Respectively submitted, ROBSON & GER~/~ By: ~ Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 HanSsburg, PA 17110-5320 (717) 232-8525 Attorney for Plaintiff VERIFICATION I verify that the statements made in this ANSWER TO NEW MATTER are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. /J. Frank Chambers, Plaintiff / CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the [0~'~ day of A})~] ,2001, I caused a true and correct copy of the ANSWER TO NEW MATTER to be served upon the following individual by first class mail by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Michael E. Chambers P.O. Box 562 Mechanicsburg, PA 17055 Lynn K. Chambers, Pro Se 124 Portland Street Apartment 28 Mechanicsb~/~A 17055 ~ ~ By: G~/~ vl,.~__~ ROBINSON & GERALDO ATTORNEY I.D. NO. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525