HomeMy WebLinkAbout12-4452?,
i= ! 'r,OTHONOTARY
JOHN F. KING LAW, JUL I
John F. King, Esquire
ID #61919 CUMBERLAND COUNTY
4076 Market Street PENNSYLVANIA
Camp Hill, PA 17011 Attorney for Plaintiff
717-695-2222 / 717-695-2207 FAX
BRIAN D. KAN : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 1 a - L N,5 0? ?- t?llt?(
KRISTI HARMON : CIVIL ACTION - LAW
Defendant : EQUITY/PARTITION
COMPLAINT IN EQUITY/PARTITION
The Plaintiff, Brian D. Kan, is an adult individual residing at 4 Courtland Road,
Camp Hill, Cumberland County, PA 17011.
2. The Defendant, Kristi Harmon, is an adult individual residing at 246 Cumberland
Road, Camp Hill, Cumberland County, PA 17011.
3. Plaintiff and Defendant are the owners of certain real estate in Cumberland
County as described below, and all the interest of the parties in the property are held as tenants in
common, and are undivided.
4. The parties acquired title to the property known as 246 Cumberland Road, Camp
Hill, PA, by deed from Mark F. Bayley, and Jeffrey J. Janese, dated May 21, 2007, recorded in
the Office of the Recorder of Deeds of Cumberland County in Deed Book 280, pages 1730-1732,
wherein said parties conveyed all that certain tract of land and the improvements thereon, situate
in Lower Allen Township, Cumberland County, PA, bounded and described as follows:
Beginning at a point on the northern line of Cumberland Road,
which point is 130 feet, more or less, west of the northwestern corner of
aMlIIDS 2S? d a
Courtland and Cumberland Roads and at the dividing line between lots
Nos. 15 and 16, Tract No. 2, on the hereinafter mentioned Plan of Lots;
thence along the northern line of Cumberland Road, South 56 degrees 55
minutes 30 seconds West, a distance of 60 feet to a point on the dividing
line between Lots Nos. 16 and 17, Tract 2, on said plan; thence along the
latter in a northern direction by a line at right angles to Cumberland Road,
a distance of 148.63 feet to a point on the dividing line between Lot No.
16, Tract 2 and Lot No. 45, Tract No. 3 on said plan; thence along the
latter in an eastern direction by a line parallel with Cumberland Road, a
distance of 60 feet to a point on the dividing line between Lot No. 66,
Tract No. 3 and Lot 16, Tract No. 2 on said plan; thence along the latter
and also Lot No. 15, Tract No. 2 and Lot No. 16, Tract No. 2 in a southern
direction by a line at right angles to Cumberland Road, a distance of
148.63 feet to a point; the place of the beginning.
Being described according to a plan of lots known as Cumberland
Park, Recorded in the Cumberland County Recorder's Office in Plan Book
6, Page 3, and being designated thereon Lot No. 16, Tract No. 2.
Having thereon erected a dwelling known and numbered at No.
246 Cumberland Road, Camp Hill, Pennsylvania 17011.
To have to hold as tenants in common, under and subject to a certain mortgage of $106,320,
secured on the said property, dated May 21, 2007, and recorded in the Office of Recorder of
Deeds in Cumberland County, in Mortgage Book 1995, page 0157, and under and subject to a
certain mortgage of $26,580, secured on the said property dated May 21, 2007, and recorded in
the Office of the Recorder of Deeds of Cumberland County in Mortgage Book 1995, page 0176.
A copy of the Deed and Mortgages are attached hereto as Exhibit A.
No persons other than the parties to this suit have any interest in the property,
which is presently in the possession of Defendant.
6. No partition of division of the property has ever been made, although Plaintiff has
requested the Defendant to join with him in making one.
WHEREFORE, Plaintiff respectfully requests that the Court order the following:
A. A decree of partition of the real estate; and
B. The shares or shares to which the respective parties are entitled be set out to them
in severalty, and that all proper and necessary conveyances and assurances be executed for
carrying such partition into effect; and that, if the real estate cannot be divided without prejudice
to or spoiling the whole, such proper or necessary sale or sales of the same may be made by such
persons in such manner as the Court may direct; and
C. Such as and further relief be granted as the Court deems just and proper.
Dated: July _0-1 2012
Respectfully submitted,
JOHN F. KING LAW, P.C.
J?in F. King, Es 4u(
I 61919
40?b Market Street
Camp Hill, PA 17011
(717) 695-2222
I
? ? Tax Parcel #
13-23-0557-085
2001 JUN 6 Tn 2 11 Thk ]Dq"
-110
MADE this day of May, Two Thousand Seven (2007),
Between MARK F. BAYLEY, of Mount Holly, Cumberland County, Pennsylvania, and
JEFFREY J. JANCSE, of Mechanicsburg, Cumberland County, Pennsylvania,
Grantors,
AND
BRIAN D. KAN and KRISTI HARMON, of Camp Hill, Cumberland County,
Pennsylvania,
Grantees
Witnesseth in consideration of One Hundred Thirty Two Thousand Nine Hundred
Dollars and 001100 ($132,900.00), in hand paid, the receipt whereof is hereby
acknowledged, Grantors do hereby grant and convey in fee simple to Grantees as tenants-
in-common, their heirs and assigns:
All that certain tract of land and the improvements thereon situate in Lower Allen
Township, Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a point on the northern line of Cumberland Road, which point is 130
feet, more or less, west of the northwestern corner of Courtland and Cumberland Roads
and at the dividing line between lots Nos. 15 and 16, Tract No. 2 on the hereinafter
mentioned Plan of Lots; thence along the northern line of Cumberland Road, South 56
degrees 55 minutes 30 seconds West, a distance of 60 feet to a point on the dividing line
between Lots Nos. 16 and 17, Tract No. 2 on said plan; thence along the latter in a
northern direction by a line at right angles to Cumberland Road, a distance of 148.63 feet
to a point on the dividing line between Lot No. 16, Tract 2 and Lot No. 45, Tract No. 3
on said plan; thence along the latter in an eastern direction by a line parallel with
Cumberland Road, a distance of 60 feet to a point on the dividing line between Lot No.
66, Tract No. 3 and Lot 16, Tract No. 2 on said plan; thence along the latter and also Lot
No. 15, Tract No. 2 and Lot No. 16, Tract No. 2 in a southern direction by a line at right
angles to Cumberland Road, a distance of 148.63 feet to a point; the place of the
beginning.
BEING described according to a plan of lots known as Cumberland Park, recorded in the
Cumberland County' Recorder's Office in Plan Book 6; Page 3, and being designated
thereon as Lot No. 16, Tract No. 2.
HAVING thereon erected a dwelling known and numbered as No. 246 Cumberland
Road, Camp Hill, Pennsylvania 17011.
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07/10/2012 11:35:11 AM CUMBERLAND COUNTY Instl 200719522 - Page 1 of 3
BEING the same premises which Delores M. Maus, individually and as Executrix of the
Estate of Helen L. Ising, deceased, and Joyce Matich, granted and conveyed to Mark F.
Bayley and Jeffrey J. Jancse by deed dated January 22, 2007, and recorded in the
Cumberland County Recorder of Deeds Office in Deed Book 278 page 2745.
TOGETHER with all and singular ways, waters, water courses, rights, liberties,
privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in
anywise appertaining, and the reversions and remainders, rents, issues and profits thereof;
and also, all the estate, right, title, interest, use, trust, property, possession, claim and
demand whatsoever, in law, equity or otherwise howsoever, of, in, to or out of the same.
TO HAVE AND TO HOLD, the said hereditaments and premises hereby granted and
released, or mentioned and intended so to be, with the maces, unto the said
grantees, their heirs and assigns, to and for the only proper use and behoof of the said
grantees, their heirs or assigns forever. And the said grantors covenant, promise and
agree to and with the said grantees, their heirs and assigns, by these presents that the said
grantors have not done, committed or knowingly or willingly suffered to be done or
committed, any act, matter or thing whatsoever whereby the premises hereby granted, or
any part thereof is, are, shall or may be impeached, charged or encumbered, in title,
charge, estate or otherwise howsoever.
IN WITNESS WHEREOF, the said Grantors have hereunto set their hand and seals the
day and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF.
Witness:
Mark F. Bayley
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07/10/2012 11:35:11 AM CUMBERLAND COUNTY Inst.# 200719522 - Page 2 of 3
COMMONWEALTH OF PENNSYLVANIA }
:SS:,
COUNTY OF CUMBEIMPENLY
}
5k
On this, the k day of , 2007, before me the undersigned officer,
personally appeared Mark F. Bayley, known to me or satisfactorily proven to be the
persons whose name is subscribed to the within instrument, and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal _
Darr Ann Fullmer, Notary Public 0.Nh r 1f Q? NO
CAy 01 Harrisburg, Dauphin County 1 tary
My Cwwnis n Expires Apr. 7, 2010
Member, Pennsylvania Association of Notaries Certificate of Residence
I hereby certi that the precise residence and complete st office of thQ
within Grantees (gw, latr\q\\ o y d?
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Dated:
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for grantees
COMMONWEALTH OF PENNSYLVANIA )
h? .? :SS:,
COUNTY OF? )
St
On this, the 0°1 day of 2007, bef
ore me the undersigned officer,
personally appeared Jeffrey J. Janese, ??to
me or satisfactorily proven to be the
persons whose name is subscribed to the within instrument, and acknowledged that she
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
Notaria) seat
D.rrAnn Fy,rrr,er,,uota,y Public
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MONO i` PWKWPVMM" Certificate of Residg&qp
I hereby certify that the precise residence d comp ete post office address of the
within Grantees are, uk vn „1av. 2
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Dated: 4&X?P')
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Amlimmy for grantees
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07/10/2012 11:35:11 AM CUMBERLAND COUNTY Inst.# 200719522 - Page 3 of 3
After Recording Return To:
Welb Fargo Bask, N.A.
Attn: Document Mgt.
P.O. Box 31557
MAC 86955-015
Biltings, MT 59107-9900
1-866.820-9199
(Name & Address and Tel. No.)
This instrument prepared by:
Welt Fargo Bank, N.A.
RICK THOMPSON
DOCUMENT PREPARATION
ONE HOME CAMPUS X2303-013
DES MOINES, IOWA 50328
610-35+-9101
(Name & Address and Tel. No.)
?OCR JUN 6 Phi 2 11
Whose property address is
246 CUMBYARLAM RZ CAMP HILL. PENNSYLVANIA 17011.
[Space Above This Line For Recording Data]
Reference: 20071284900004 Account number: 650-65&580157"XXX
UPI number: 23-0557-0085
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined
elsewhere in this document. Certain rules regarding the usage of words used in this document are also
provided in Section 14.
(A) "Security Instrument" means this document, which is dated MAY 21, 2007, together with all
Riders to this document.
(B) "Borrower" is BRIAN D KAN KRISTI HARMON. Borrower is the mortgagor
under this Security Instrument.
(C) "Lender" is Wells Fargo Bank, N.A.. Lender is a national bank organized and existing under the
laws of the United States. Lender's address is 101 North Phillip. Avenue, Sioux Falls, SD 57104.
Lender is the mortgagee under this Security Instrument.
(D) "Debt Instrument" means the promissory note signed by Borrower and dated MAY 21, 2007. The
Debt Instrument states that Borrower owes Lender TWENTY-SIX THOUSAND FIVE HUNDRED
EIGHTY AND 00/100THS Dollars (U.S. $ 26,500.00) plus interest. Borrower has promised to pay this
debt in one or more regular Periodic Payments and to pay the debt in full not later than JUNE 05, 2022.
(E) "Property" means the property that is described below under the heading "Transfer of Rights in the
PENNSYLVANIA-CLOSED-END SECURITY INSTRUMENT (page 1 of 15 pages)
?#14V67 IDocuments Accessed 05-21-2007, 09:25:39
et1995PGO176
07/10/2012 11:37:46 AM CUMBERLAND COUNTY Inst.# 200719524 - Page 1 of 16
Property."
(F) "Loan" means all amounts owed now or hereafter under the Debt Instrument, including without
limitation principal, interest, any prepayment charges, late charges and other fees and charges due under
the Debt Instrument, and also all sums due under this Security Instrument, plus interest.
(G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
N/A Leasehold Rider
N/A Third Party Rider
N/A Other(s) [specify] NIA
(H) "Applicable Law" means all controlling applicable federal law and, to the extent not preempted by
federal law, state and local statutes, regulations, ordinances and administrative rules and orders (that have
the effect of law) as well as all applicable final, non-appealable judicial opinions.
(1) "Commnaity Association Does, Fees, and Assessu mrb" means all dues, fees, assessments and
other charges that may be imposed on Borrower or the Property by a condominium association,
homeowners association or similar organization.
(.n "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit
or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller
machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(K) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds
paid by any third party (other than insurance proceeds paid under the coverages described in Section 4)
for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of
the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to,
the value and/or condition of the Property.
(L) "Periodic Payment" means the amounts as they become due for principal, interest and other charges
as provided for in the Debt Instrument.
(N) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether
or not that party has assumed Borrower's obligations under the Debt Instrument and/or this Security
Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender. (i) the repayment of the Loan, and all renewals, extensions
and modifications of the Debt Instrument; and (ii) the performance of Borrower's covenants and
agreements under this Security Instrument and the Debt Instrument. For this purpose, Borrower does
hereby mortgage, grant and convey to Lender the following described property located in the
County of CUM&ERLAND
[Type of Recording Jurisdiction] [Name of Recording Jurisdiction]
Parcel Identification number: 23-0557-0085
SEE ATTACHED EXHIBIT
PENNSYLVANIA-CLOSED-END SECURITY INSTRUMENT (page 2 of 15 pages)
HC #14,7 1 -?? Documents PmenW 05-21-2W, 09:25:39
8KI995PGO177
07/10/2012 11:37:46 AM CUMBERLAND COUNTY Inst.# 200719524 - Page 2 of 16
?-? ?o,a
NO JUN 6 Pn 2 11
Prepared by:
CHARLENE BRUNSON
WELLS FARGO BANK, NA.
1017 WEST 9TH AVE #D
KING OF PRUSSIA, PA 194W
Return To:
WELLS FARGO BANK, NA.
FINAL DOCUMENTS X999
1000 BLUE GENTIAN ROAD
EAGAN, MN 66121-1663
Premises:
266 CUMBERLAND ROAD
CAMP HILL, PA 17011
Parcel Number: 23-0657-OM
Space Above This Line For Recording Data
MORTGAGE 0170MM9
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are
defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used
in this document are also provided in Section 16.
(A) "Security InstunwW' means this document, which is dated MAY 21, 2007
together with all Riders to this document.
(B) "Borrower" is
BRIAN D KAN KRISTI HARMON
Borrower is the mortgagor under this Security Instrument.
(C) "Lender" Is WELLS FARGO BANK, NA.
Lender is a National Aesaclatlon
organized and existing under the laws of THE UNITED STATES OF AMERICA
PMNSYLVANIA- Single Family - FarnN MaaiTreddle Miss UNIFO1 INSTRUMENT
FOAM SOSe 1/01
Page 1 of 18 Initials:Y +1 SPA01A Rev OW21/06
UK 1995PGO 157
07/10/2012 11:37:00 AM CUMBERLAND COUNTY Inst.# 200719523 - Page 1 of 19
Lender's address is
P. O. BOX 5157, DES MOINES, IA 50906.9137
Lender is the mortgagee under this Security Instrument.
(D) "Noi " means the promissory note signed by Borrower and dated MAY 21, 2007
The Note states that Borrower owes Lender ONE HUD SIX THOUSAND THREE
HUNOIRED TWENTY AND NO1100 Dollars
(U.S. $ ..... 10MAR............ ) plus interest. Borrower has promised to pay this debt in regular
Periodic Payments and to pay the debt in full not later than JUNE 1, 2097
(E) "Propsrty" means the property that is described below under the heading `Transfer of
Rights in the Property."
(F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges
and late charges due under the Note, and all sums due under this Security Instrument, plus
interest.
(O) "Riders" means all Riders to this Security Instrument that are executed by Borrower.
The following Riders are to be executed by Borrower [check box as applicable]:
0 Adjustable Rate Rider [] Condominium Rider F-ISecond Home Rider
0 Balloon Rider [] Planned Unit Development Rider 01-4 Family Rider
C] VA Rider [] Biweekly Payment Rider 0 Other(s) [specify)
(H) "App90aWe Law" means all controlling applicable federal, state and local statutes,
regulations, ordinances and administrative rules and orders (that have the effect of law) as
well as all applicable final, non-appealable judicial opinions.
(1) "Community Assooirtlon Dues, Fess, and Assssernwe" means all dues, fees,
assessments and other charges that are imposed on Borrower or the Property by a
condominium association, homeowners association or similar organization.
(J) "Elrofranic Funds Transfer' means any transfer of funds, other than a transaction
originated by check, draft, or similar paper instrument, which is initiated through an
electronic terminal, telephonic instrument, computer, or magnetic tape so as to order,
instruct, or authorize a financial institution to debit or credit an account. Such term includes,
but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers
initiated by telephone, wire transfers, and automated clearinghouse transfers.
(K) "Escrow Iona" means those items that are described in Section 3.
(L) "Mlsc-Nansous Proceeds" means any compensation, settlement, award of damages, or
proceeds paid by any third party (other than insurance proceeds paid under the coverages
described in Section 5) for. (i) damage to, or destruction of, the Property; (ii) condemnation
or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or
(iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(M) "MorlpNs Insurance" means insurance protecting Lender against the nonpayment of,
or default on, the Loan.
(N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and
interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
SPA02 Rev 12/18/00 Page 2 of 18 Initialabt.-t,_ FORM 3039 1/01
t 1+
OK t 995PGO 158
07/10/2012 11:37:00 AM CUMBERLAND COUNTY Inst.# 200719523 - Page 2 of 19
BRIAN D. KAN : IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 12-4452 civ
KRISTI HARMON :CIVIL ACTION -LAW
Defendant :EQUITY/PARTITION
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Commonwealth of Pennsylvania: `=~
County of Cumberland : ss:
AND NOW, on the 25th day of July, 2012 I served the within Complaint in
Equity/Partition upon Tabetha Tanner, Esq., attorney for Defendant, by personally handing to h.
a time stamped copy of the original document and ~Lak-mg-ta~rei-a~re of the contents thereof.
Joh~lF. King, Esq.
Sworn to before me \
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otary Publ'
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