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Home My WebLink About05-3140 STEPHEN YEAGY, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. tJj- 3140 KIM A. YEAGY, Defendant : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE EST A DEMANDA A UN ABOGADO IMMEDIA T AMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO. VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONnE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 STEPHEN YEAGY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05 ~ .:3/'fo KIM A. YEAGY, Defendant : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY COMPLAINT FOR DIVORCE UNDER SECTION 330HC)OR (0) OF THE DIVORCE CODE AND FOR CUSTODY AND NOW, comes the above-named Plaintiff, Stephen Yeagy, by his attorney, Mark A. Mateya, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth as well as joint legal and physical custody of NICHOLAS S. YEAGY, born February 2,1996, age 9 years, and JONATHAN D. YEAGY, born December 4, 1997, age 7. COUNT I DIVORCE UNDER SECTION 330H C) OF THE DIVORCE CODE 1. Plaintiff is STEPHEN YEAGY, hereinafter "Father," an adult individual who currently resides at 15 Sequoia Court, York Springs, Cumberland County, Pennsylvania 17372. 2. All legal papers may be served on Plaintiff by service on him to Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, Pennsylvania 17007. 3. Defendant is KIM A. YEAGY, hereinafter "Mother," an adult individual who currently resides at 15 Sequoia Court, York Springs, Cumberland County, Pennsylvania 17372. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on October 1, 1994, in Nicholson, Pennsylvania. 6. There have been no prior actions of divorce or for annulment of marriage between the Parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. Neither the Plaintiff nor the Defendant are members of the armed services of the United States or any of its allies. 9. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 10. Plaintiff requests the Court to enter a Decree of Divorce. COUNT II COMPLAINT FOR CUSTODY II. Paragraphs I through 10 above are incorporated herein by reference as if set forth completely herein. 12. Plaintiff and Defendant are parents of Nicholas S. Yeagy, born February 2,1996 and Jonathan D. Yeagy, born December 4,1997, who currently resides at 700 Range End Road, Dillsburg, York County, Pennsylvania 17019. 13. The children Nicholas S. Yeagy and Jonathan D. Yeagy were born in wedlock. 14. The children are presently in the custody of Mother and Father at 15 Sequoia Court, York Springs, Cumberland County, Pennsylvania 17372. 15. During the past five years the children have resided with the following persons at the following addresses: A. At 15 Sequoia Court, York Springs, York County, Pennsylvania with Stephen Yeagy and Kim A. Yeagy. 16. The father of the children, Stephen Yeagy, is currently residing at 15 Sequoia Court, York Springs, Cumberland County, Pennsylvania 17372. 17. The Mother of the children, Kim A. Yeagy, is currently residing at 15 Sequoia Court, York Springs, York County, Pennsylvania, and she is married. 18. The relationship of the Plaintiff to Nicholas S. Yeagy and Jonathan D. Yeagy is that of natural father. 19. The relationship of the Defendant to Nicholas S. Yeagy and Jonathan D. Yeagy is that of natural mother. 20. The Plaintiff has not participated as a party or a witness, or in any other capacity, in other litigation concerning the custody of the children in this or another Court. 21. Plaintiff has no information of a custody proceeding concerning the children pending in a Court ofthis Commonwealth or any other state. 22. Plaintiff does not know of a person not a party to this custody proceeding who has physical custody ofthe children or claims to have custody or visitation rights with respect to the children. 23. The best interests and permanent welfare ofthe children will be served by granting the relief requested because: a. Plaintiff is the father ofthe children and Defendant is the mother ofthe children. b. Plaintiff and Defendant are presently seeking a divorce. d. Plaintiff has been the care giver of the children since their birth. e. Plaintiff has family support to assist with childcare for the children before and after school. WHEREFORE, the Plaintiff requests this Honorable Court to schedule a custody conciliation and to grant temporary primary physical custody of the children to Plaintiff.. Respectfully submitted, ~~,~ Mark A. Mateya Attorney I.D. No. 789 1 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Dated: ~ In [05 Attorney for Plaintiff VERIFICATION I, STEPHEN YEAGY, verify that the facts set forth in the foregoing Complaint for Divorce, and Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.s. S 4904, relating to unsworn falsification to authorities. DATED: {;7 - oS ~A~~ \.(') >- o r;: _ --5.0( ',.,'::, @ i1~ ~ \_.- u.j<:::~~ ~2 (_ ~, !:. ~t :J.~- C1 {';':) r- b6: - ~c- -r =-- uJ :"5 u--\s ...., ~ :-;\ 1.1.-0 = 0 ..... 6 ~ ~d <C.~ ~ l"\ 0 ~~ t"-'\{') - >) 9. ~ r-:t ~.~~ ~ ~ ~ o-cg, ~ --------- STEPHEN YEAGY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. 05-3140 CIVIL ACTION LAW KIM A. YEAGY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. Thursday, June 23, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Ja"queliue M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday. July 12, 2005 at 1:30 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existin!: Protection from Abuse orders, Special Relief orders. and Custody orders to the conciliator 48 hours prior to scheduled hearine;. FOR THE COURT. By: Isl TacquelineM. Vem~ Custody Conciliator - f' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For infonnation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court, You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Assoc:iation 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (7 I 7)249-3166 .~~~ ~~~5'r?0e? .~ 1!! /p'l'H( ~ 5f7.K.-? <:>~~ t-~'~-~St?-K-.? \-/1 ;\rt/.~\ 1 /, (_:1< t-r:;.,! "..... 0" }Jj,\ln(.'._,'.... (,~, -(:":~:Ti\l, 10J Pi SlJ :01 Wi iJZ Nilr sooz AtN10!'JOiLLUt:d 3Hl :10 "'''I.I.;:!-(]=Jld :lJ...._ _ 9 STEPHEN YEAGY, Plaintiff : IN THE COURll OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-3140 KIM A. YEAGY, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY AFFIDAVIT OF SERVICE AND NOW, this 23rd day of June. 2005, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: 1. A Complaint for Divorce was filed to the above term and number on June 17, 2005. 2. On June 17,2005, a certified copy of the Complaint in Divorce and Custody was sent to the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P. 1920.4. 3. On June 17,2005, a certified copy of the Complaint was set to the Defendant via first class mail, postage prepaid. A copy of the Certificate of Mailing is attached hereto as Exhibit' A' and is incorporated herein by reference. 4. On or about June 23, 2005, undersigned counsell for Plaintiff received the return receipt card signed by the Defendant on June 21,2005. Said receipt is attached hereto as Exhibit "B" and is incorporated herein by reference. Respectfully submitted, ~'~l~t~ire Attorney J.D. No. 78931 P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff u.s. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE - POSTMASTER Received From. ~AR:K A. 7t)I}IEYA ,Es~. PO 7301 1,;1,1 fA "Bo/LiJJf). .s(J~1 jJ{;S 11001 One ~ 01 ordinary mail addressed to: ~m A. YEA~V J!J :3~LlOII+ (! 0 t(/eT YORY, fRt.JJg.S -PA 11001 PS Form 3817. Mar. 1989 EXHIBIT I A o ~~ ~Lc bC) '" AU'.. ,__ ...-.~ ,.. -.".....1')5 I o o o o ~~I I?! ~ II i u ~~ ~ '- r c: c: ~ . !Z_il.,,!" _.....1 ::I> -.J"'~_'''' . c::' ClO -4......1 (/) o ~ -< VI ~ ~ !" m ." '" U1 ru '" ...D ru ", ", ru u.s. Postal Service", CERTIFIED MAil", RECEIPT (Domestic Mall Only; No Insurance Covenage ProvIded) YlQSIiiHIi pi lanl A L Postage $ $0.6031 $2 ~ 30 U1!'15 $ USE 3" C c:J Return Reclept Fee c:J (Endorsement Required) o Restricted Oellvery Fee o (Endorsement Required) U1 C .ll'JIl.7'~ / .... / IJ'~~" Postmark ~ ...... /..Q'/ Certified Fee 0<1117/2005 Total Postage & Fees $ $8 .15 ", ~ 'S~~APt.lf!l.....fj.,.... .!i/!.IJd..........:........................... ~:Si'::~..l.~R~~~~j(>11};//:.j~~T.J7itj;i_.. :11 -~lIicIilpI EXHIBrr 113 1Uln.tll!tMt c) ~ = . , i..:....'"l Lib: ~""";" f"" ~('5 --.J ,~ ~8 ~ ;; (~, o -n ...., :J:: f'Jl:!J ,- )2',: y ~~) RECEIVED JUL 142005.)1" ,1- STEPHEN YEAGY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : NO. 2005-3140 CIVIL TERM KIM A. YEAGY, Defendant : CIVIL ACTION - LAW : IN CUSTODY TEMPORARY ORDER OF COURT ANDNOW,this~dayof ~~ ,2005,upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Stephen Yeagy, and the Mother, Kim A Yeagy. shall have shared legal custody of Nicholas S. Yeagy, born February 2,1996 and Jonathan D. Yeagy, born December 4,1997. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. For purposes ofthis Temporary Order, the parties have agreed to enroll the Children in Central Dauphin Schools for at least the first half ofthe 2005-2006 school year. 3. Beginning the week of August 1, 2005, the parties shall have shared physical custody of the children on a week on/week off basis with Father having the first week. 4. During the first half of the school year of 2005-2006, Mother shall have primary physical custody of the children 5. During the school year, Father shall have periods of partial physical custody every weekend per month, except one, from Friday after school to Sunday at 7:00 p.m, Mother shall be entitled to one weekend per month provided she give Father at least one month's notice of which weekend she will select. 6. In the event that the children continue in Mother's primary physical custody during the school year, Father shall have primary physical custody during the summer. Father's primary physical custody shall begin the first Monday after school recesses for the summer and continue until one week before school resumes. 7. During the summer, Mother shall have periods of partial physical custody of the children two overnights every week in any month, except one. Father shall notify Mother 30 days in advance of which week he shall select to have the children remain with him. Mother shall notifY Father which days during the week she selects to have physical custody of the children at least 30 days in advance. 8. Each party shall have 2 non-consecutive weeks of uninterrupted physical custody of the children provided they give the other parent 30 days prior notice. These periods shall not be used in conjunction with a party's other periods of physical custody. 9. Transportation shall be shared such that the receiving party shall transport. 10. Father shall have physical custody of the children on Father's Day; Mother shall have physical custody ofthe children on Mother's Day. 11. The parties shall alternate holidays as follows: A. New Year's, Easter. Thanksgiving, Christmas: In odd numbered years, Mother shall have custody ofthe children over Easter and Christmas holidays, while Father shall have custody of the children during New Year's and Thanksgiving holidays. In all even numbered years, Mother shall have custody of the children over the New Year's and Thanksgiving holidays, while Father shall have custody of the children over Easter and Christmas holidays. These holidays shall be defined as follows: 1. New Year's: New Year's Eve starting at 10:00 a.m. through January 2 at 10:00 a.m. or until the beginning of school that day. 2. Easter: Good Friday beginning at 10:00 a.m. until the following Tuesday at 9:00 a.m. 3. Thanksgiving: From 10:00 a.m. the Wednesday before Thanksgiving through Friday at 3:00 p.m. 4. Christmas: From December 24 at \0:00 a.m. through December 25 at 2:00 p.m. B. The parties shall alternate the following holidays: Memorial Day, 4th of July and each ofthe children's birthdays. In all even numbered years, Mother shall have custody of the children on Memorial Day and on each of the children's birthdays, while Father shall have custody of the children on the 4th of July. In all odd numbered years, Mother shall have custody ofthe children on the 4th of July, while Father has custody of the children on Memorial Day and each of the children's birthdays. C. Each parent shall have custody ofthe children on the respective parent's birthday, D. Custodial periods for the holidays listed in paragraph 1 I B and C shall be defined as from 10:00 a.m. on the date of the holiday until 10:00 a.m. the following day. 12. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Another Conciliation Conference is scheduled for December 12, 2005 at 9:30 a.m. / BYTHEC ~ J. CCi)~lfk A. Mateya, Esquire, Counsel for Father lI'ohanna J. Kopecky, Esquire, Counsel for Mother <:"> - '7' Z () t>t'j u::. 5- 1\-0...-- :..JD 0'6:: ,,!...I u '~':J;. \.>.-1- u- o ;j:, ::r: ;d 0"' - , "":::> ,...., <'-' q f-. ?: "1"-- ")4, ?) '~,-L .-', (0 'j?:' ',-;:. ~:I.o. :,"~ :::"5 D STEPHEN YEAGY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA V. : 2005-3140 CIVIL TERM KIM A. YEAGY, Defendant : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: I. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Nicholas S. Yeagy Jonathan D. Yeagy February 2, 1996 December 4, 1997 shared shared 2. A Conciliation Conference was held in this matter on July 12, 2005, with the following individuals in attendance: Father, Stephen Yeagy, with his counsel, Mark A. Mateya, Esquire and Mother, Kim A. Yeagy, with her counsel, Johnna J. Kopecky, Esquire. 3. The parties agreed to a Temporary Order in the form as attached. 1-ILf-os Date CL^ L-.e M.,~ . ~.Vemey,ESquire~ Custody Conciliator STEPHEN YEAGY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005-3140 KIM A. YEAGY, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO. VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE P A 17013 (717) 249-3166 STEPHEN YEAGY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2005-3140 KIM A. YEAGY, Defendant CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY PETITION FOR SPECIAL RELIEF EMERGENCY PETITION TO MODIFY CUSTODY AND NOW, comes the above-named Plaintiff, Stephen Yeagy, by his attorney, Mark A. Mateya, Esquire, and avers that a substantial change in circumstance has occurred since the recent Court Order, as averred more fully below: 1. Plaintiff is STEPHEN YEAGY, hereinafter "Father," an adult individual who currently resides at 700 Range End Road, DilIsburg, York County, Pennsylvania 17019 and wishes to re-open the custody conciliation, based upon the substantial change of circumstance in Mother's living arrangement; to that end, the Plaintiff avers the following: 2, Defendant is KIM A. YEAGY, hereinafter "Mother," an adult individual who currently resides at Suffolk Drive, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff seeks custody of the following children: Name Present Address Age D/O/B Nicholas S. Yeagy Suffolk Drive 9 years 2/2/96 Harrisburg, P A Jonathan D. Yeagy Suffolk Drive 7 years 12/4/97 Harrisburg, P A 5. A Complaint for Divorce and Custody was filed to the above term and number on June 17,2005. A copy ofthe Complaint is attached hereto as Exhibit "A" and is incorporated herein by reference, 7. A Custody Conciliation was held on July 12, 2005, before Jacqueline Verney which resulted in a Temporary Order of Court dated July 18,2005. A copy of the July 18, 2005 Temporary Order of Court is attached hereto as Exhibit "B" and is incorporated herein by reference. 8. At the hearing, Defendant averred that she had temporary living quarters with a family member and that her gaining her own living quarters in the Central Dauphin School District was imminent. 9. Defendant has not gained a living arrangement as she stated at the July 12, 2005 hearing. 10. Defendant stated that she wished to have her children attend Central Dauphin School District. 11. At the July 12, 2005, hearing, Defendant averred that she intended to reside permanently in the Central Dauphin School District. 12. Defendant now reports to Plaintiff that she will either reside in the Lemoyne, Mechanicsburg, or Camp Hill area. 13. Plaintiff and Defendant entered into the custodial agreement which was entered as a Temporary Order of Court on July 18, 2005, relying upon Defendant's averments that she was living in the Central Dauphin School District and that she was making a permanent home for herself in the Central Dauphin School District, leading Plaintiff to believe that she was planning to create a stable environment for their children. 14. Defendant now reports to Plaintiff that she may have the children for one year in the Camp Hill School District and then move to a different school district the following year. 15. Plaintiff believes that he can provide a more stable home environment for the children. WHEREFORE, the Plaintiff requests this Honorable Court to schedule a custody conciliation and to grant temporary primary physical custody of the children to Plaintiff.. Respectfully submitted, ::~A.;~ Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Dated: girD 10<<) Attorney for Plaintiff VERIFICATION I, STEPHEN YEAGY, verify that the facts set forth in the foregoing Petition to Modify Custody are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. 9 4904, relating to unsworn falsification to authorities. DATED: ~iffj CERTIFlCATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the Petition for Special Relief and Emergency Petition to Modify Custody, on the following person( s) by depositing a true and correct copy ofthe same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: JOHNNA KOPECKY ESQUIRE SHAGIN & ANSTINE PO BOX 1225 HARRISBURG PA 17108 ~f_~;" P.O. Box 127 Boiling Springs, P A 17007 (717) 241.6500 Attorney for Plaintiff DATED: () l-~ - - ~ - \' ~ w El ~ If{ o o o -V r --- ::p r -.........c-. ~ 9 ~ ::,i- -;'1 ;,~' ~ 0J i~,;\ <P "'-':;-'. -- ~e;, ~ -~.:-'t.:) ~:p ).""-' ;;; 3. q. ~e ~~~ %';11 (:o :Z~U S. ~ <:? <J' v.) - --- STEPHEN YEAGY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2005-3140 KIM A. YEAGY, Defendant : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY PRAECIPE TOWITHDRA W PETITION FOR SPECIAL RELIEF AND EMERGENCY PETITION TO MODIFY CUSTODY AND NOW comes Plaintiff, Stephen Yeagy, by and through his counsel, Mark A. Mateya and requests this honorable Court withdraw the recently filed Petition for Special Relief and Emergency Petition to Modify Custody. Respectfully Submitted, Date: g ( t~! OJ::; M k A. Mateya, Esquire Attomeyl.D. No. 78931 P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 (717) 241-3099 - Fax - CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the Petition to Withdraw the Petition for Special Relief and Emergency Petition to Modify Custody, on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: JOHNNA KOPECKY ESQUIRE SHAGIN & ANSTINE PO BOX 1225 HARRISBURG PA 17108 .'1. Mark A. Mateya, Esqu' P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 DATED: g(Cg(o'C; Attorney for Plaintiff ~ ...r"\\:;' ':9.'-~ "..:-.J" ~ ~ ~ .;> - cP ., >.,~- ,--;.', ~:;., "~".. :?~ \"" 'j....... c:~ /. ~-I ~ '"'" .,. ~ 0' .,p Q. ~~~ ..,,'P, '0..,- qQ~ ~~'~~ c~g, 6'" ::::-I 'po ~ () Geoffrey M. Biringer, Esquire Patrick Cicero, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400, Ext.12 gbirinaer@midpenn.ora DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF AMERIQUEST MORTGAGE SECURITIES INC., ASSET BACKED PASS-THROUGH CERTIFICATE SERIES 2003-11 UNDER THE POOLING AND SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2003 505 CITY PARKWAY WEST SUITE 100 ORANGE CA 92868 : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : No. 05-3175 CIVIL TERM : CIVIL ACTION - LAW Plaintiff v. DIANA K. KINAVEY 48 SUSSEX ROAD CAMP HILL, PA 17011 Defendant NOTICE TO PLEAD TO THE WITHIN AMENDED NEW MATTER AND AFFIRMATIVE DEFENSES TO: FRANCIS S. HALLINAN, ESQUIRE (Attorney of Record for Plaintiff) HENRY F. REICHNER, ESQUIRE (Attorney of Record for Plaintiff) You are hereby notified to file a written response to the Amended Answer with New Matter and Affirmative Defenses within twenty (20) days from service hereof or a judgment may be entered against you. MIDPENN LEGAL SERVICES ~fl/O';- o te t Attorney efendant BY: ~~ Patrick Cicero, Esquire D .' ..~ Geoffrey M. Biringer, Esquire Patrick Cicero, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400, Ext.12 gbiringer(@midpenn.org DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF : IN THE COURT OF COMMON PLEAS AMERIQUEST MORTGAGE : OF CUMBERLAND COUNTY, SECURITIES INC., ASSET BACKED : PENNSYLVANIA PASS-THROUGH CERTIFICATE SERIES: 2003-11 UNDER THE POOLING AND : No. 05-3175 CIVIL TERM SERVICING AGREEMENT DATED AS OF NOVEMBER I, 2003 505 CITY : CIVIL ACTION - LAW PARKWAY WEST SUITE 100 ORANGE CA 92868 Plaintiff v. DIANA K. KINA VEY 48 SUSSEX ROAD CAMP HILL, PA 17011 Defendant DEFENDANT'S AMENDED ANSWER TO PLAINTIFF'S COMPLAINT WITH NEW MATTER and AFFIRMATIVE DEFENSES Defendant Diana K. Kinavey, by and through her attorneys at MidPenn Legal Services Inc., sets forth the following response to the Complaint in Mortgage Foreclosure filed by the Plaintiff. 1. Denied. After reasonable investigation, Defendant is without knowledge sufficient to form a belief as to the truth of the averment, and proof thereof is demanded at trial. For further response, see New Matter below. 2. Admitted. .. 3. Admitted in part and denied in part as follows. The authenticity ofthe mortgage documents is admitted. Their enforceability is denied for the reasons outlined in the affirmative defenses set out in New Matter below. Furthermore, it is denied that said mortgage was made on September II, 2003; but rather said mortgage was made on September 15, 2003. After reasonable investigation, Defendant is without knowledge sufficient to form a belief as the truth of the remainder of the averment. For further response, see New Matter below. 4. The authenticity ofthe description is admitted; however the enforceability of the mortgage is denied for the reasons set forth in New Matter below. 5, Defendant admits having missed several payments, but denies all allegations regarding default, as the note and the mortgage are not enforceable. Defendant further denies that allegations of default as a legal conclusion to which no responsive pleading is required. 6. Denied. Defendant denies owing any monies to Plaintiff for the reasons outlined in the affirmative defenses set forth in New Matter below. 7. Denied. Defendant denies that Plaintiff is entitled to collect any attorneys' fees. 8. Admitted that Notice of Horneowner's Emergency Assistance Program was sent by the Plaintiff and that Defendant was denied assistance by PHF A. The remainder of the averment is denied. 9. The averment contained in this paragraph is a conclusion of law to which no responsive pleading is required. WHEREFORE, Defendant demands that Plaintiffs case be dismissed and that judgment be entered in favor of the Defendant and against the Plaintiff. 2 NEW MATTER 10. Paragraphs 1-9 are incorporated herein by reference hereto. 11. On August 16,2003, Defendant entered into an Agreement of Sale to purchase a mobile home for $29,000 for the purpose ofrenting it out to supplement her income. 12. At the time, Defendant put $2,900 as a down payment on the mobile home and sought to refinance her home mortgage and extract $20,000 of her equity to pay the remainder of the purchase price. 13. At that time, Defendant had a 1 st mortgage on her home in the approximate amount of$58,479 at a IS-year fixed rate of 7.49% with Member's 1st Federal Credit Union. See attached, Exhibit 1 14. Defendant also had a $10,000 home equity line of credit with Citizens Bank bearing a variable interest rate, which at the time as only 3.75%. In September 2003, this line of credit was drawn at $9,978.10. See attached, Exhibit 2. 15. Her total indebtedness secured by her residence, therefore, was approximately $68,457.1 0 16. Based upon information and belief, Defendant's residence had a market value of approximately $100,000 in September 2003. 17. Defendant initially sought to refinance her home through Member's 1 st, but was told that her credit was not sufficient to meet their criteria. Consequently, Defendant contacted Ameriquest, Plaintiffs assignor, and requested a loan that would give her $20,000 cash to use for the purchase of the mobile home. 18. Defendant contacted Ameriquest because of their advertising in the phone book and on television. 3 -. 19. Defendant spoke to one of Ameriquest's agents, Janet Zeit, who informed Defendant that the loan would be "no problem," that it could be done quickly, and at a better rate than the one that she currently had with Member's 1 st. 20. After a few initial phone conversations, Ms. Zeit informed Defendant that in order to get the loan that she desired that Ameriquest would have to pay off her home equity line of credit with Citizens Bank. Defendant did not want Ameriquest to do this, but reluctantly agreed after she was told that the line was merely being paid down and that it would still be open and available in case she needed to draw on it for emergencies. 21. A few days before closing, Defendant was informed that Ameriquest could not provide her with $20,000 in cash and that she would only be able to get approximately $8500 at closing. Plaintiff also informed Defendant that loan would be a higher interest rate than her existing loan. When Defendant asked about the high interest rate, Ms. Zeit answered by asking Plaintiff "you need the loan don't you? 22. Defendant became angry and informed Ameriquest that she did not want this loan if that was all she was getting. In order to save the loan, Ms. Zeit, acting in her capacity as Plaintiffs loan officer, told Plaintiff that they could get her a $10,000 line of credit and that she could use it plus her already existing $10,000 line of credit from Citizens Bank to finance the purchase of her mobile home. Still angry, but realizing that her options were few, Defendant acquiesced and allowed the loan to close. By that time, Defendant realized that the re- finance loan itself would not provide sufficient cash for her to purchase the mobile home, but decided to go ahead with the loan because of Ms. Zeit's promise ofa second loan: the home equity line of credit. 4 23. Settlement occurred on September 15,2003 at Plaintiffs residence. Based on information and belief, the closing agent was Miriam Roman-Carvajal who acted at all times as an agent for Ameriquest. 24. Instead ofreceiving the loan that she had applied for, netting her $20,000, Defendant received a variable rate interest loan of 10.50%, netting $8,255, a total loan amount of $92,000 and a monthly payment of $840, rather than the $647.00 she was then paying. 25. In the course of signing the closing papers, Defendant noticed that many of the lines were pre-dated with "September 11,2003" written in the date lines. In particular, Defendant noticed that her Notice of Right to Cancel listed that date and listed the date of "September 15, 2003" as the end of her three-day statutory right to cancel. Defendant thought that this was odd because the closing occurred on September 15, 2003. When she asked the closing agent, who was an agent of Ameriquest, the closing agent said "well you aren't going to cancel the loan are you?" 26. After signing the closing papers, Defendant asked the closing agent where her line of credit was. The closing agent told Defendant that "he did not know what she was talking about," but that if Janet Zeit said that it was going to happen, that it would and that she should call Janet directly. 27. After closing, Defendant made various calls to Janet ZeIt at Ameriquest and left various voice mail messages for her. Defendant's calls went unreturned. 28. Eventually, Defendant was informed by an Ameriquest agent, whose identity will be ascertained through discovery, that Ameriquest would not be getting her a line of credit and that she was stuck with the loan product that she got. 5 29. In the course of this transaction, Defendant relied on the representations from Ms. ZeIt and other Ameriquest agents that she would be able to get $20,000 as a result of the home refinancing and a home equity line of credit. Given the circumstances behind the refinancing, the volume of documents presented to her at closing, and the fact that she was not presented a reasonable opportunity to read these documents, Defendant's reliance on these representations and assurances was reasonable. 30. In the end, the loan at issue provided no economic benefit to Defendant and merely served to economically benefit Ameriquest and its agents. 31. One of the ways that Ameriquest masked the overall unconscionable nature of this loan was the omission of a tax and insurance escrow from the monthly payment obligations, thereby misrepresenting the monthly housing costs proposed. 32. Prior to the consummation of this loan transaction, Defendant had a spotty history of making her property tax payments in a timely manner, though she was always able to make payment arrangements. 33. At some point in September 2004, Defendant received notice from Ameriquest that they were going to pay her delinquent taxes and force place an escrow account if she did not pay them in full. 34. At the time, Defendant was making payments on her 2003 taxes. She had not yet paid 2004 taxes because they were not due until December 31, 2004. See attached, Exhibit 3 35. Defendant called Ameriquest and told them that she was making payments and not to impose escrow on her account. She also had a representative from the Cumberland County Tax Claim Bureau ('Tax Bureau") fax to Ameriquest a statement showing that her 2003 taxes had a balance of $389.17 as of September 13, 2004. See attached, Exhibit 4. 6 36. Despite having this information, and without any future contact with either Defendant or the Tax Bureau, Ameriquest paid $486.83 towards Defendant's 2003 taxes and $1265.55 for Defendant's 2004 taxes and imposed an escrow account upon Defendant. 37. After receiving notice of this action, Defendant went to the Tax Bureau and had a conference call with Ameriquest. During that conversation, the Tax Bureau again informed Ameriquest that Defendant had a payment plan for her 2003 taxes and that the Tax Bureau would be sending a refund to Ameriquest. The Tax Bureau also informed Ameriquest that the 2004 taxes were not due at the time they were paid, but that they could not issue a refund because they were paid in full. 38. In a letter drafted to the Pennsylvania's Office of Attorney General in response to a complaint by Defendant, Ameriquest admitted that the imposition of escrow for the 2004 taxes when they were not then due was in error by offering that it would accept a refund of these monies from the Tax Bureau ifit could be arranged. See attached, Exhibit 5. 39. As a result of the forced place escrow account, Defendant's monthly payments went from $847.97 per month to $1093.77 per month. 40. The so called underlying "default" in this case is in large part due to the increased monthly payment amount, as it was only after her monthly payments jumped to over $1000 per month that Defendant began to miss her payments. FIRST AFFIRMATIVE DEFENSE I. TRUTH IN LENDING: Rescission 41. Paragraphs 1-40 are incorporated herein by reference hereto. 42. Plaintiff violated the federal Truth-in-Lending Act and Reg. Z, by: 7 a. by failing to supply the notice of rescission as required by Reg Z.226.5(a)(I) and 226.17(a)(I) in a timely manner. b. by unilaterally imposing a waiver of the right of rescission on Defendant, III violation of 15 U.S.C.1635(d); Reg Z g226.23(e). 43. Pursuant to the Truth-in-Lending Act, Ms. Kinavey had an absolute right to cancel the transaction for three business days after the transaction, or within three business days of receiving proper disclosures from the Plaintiff, after which she would not be responsible for any charge or penalty. 44. Ms. Kinavey therefore, elects to rescind the transaction between herself and Plaintiff, pursuant to her continuing right of rescission. 45. Pursuant to 15 U.S.C. gI635(b), when a consumer elects to rescind pursuant to the Truth-in Lending Act, and security interest in connection with the transaction automatically becomes void. 46. Pursuant to 15 U.S.C. gI635(b), when a consumer elects to rescind pursuant to the Truth-in-Lending Act, the consumer is not liable for any finance charge or other charge. 47. Pursuant to 15 U.S.C. 9 1631(c), any individual who has the right to rescind the transaction under 15 U.S.C. 9 1635 may rescind the transaction as against any assignee of the obligation. 48. The mortgage that is the subject of this foreclosure was taken in connection with that transaction that Ms. Kinavey elected to rescind. 49. Since the mortgage is now void, this foreclosure case should be dismissed. 8 WHEREFORE, Defendant requests that the Complaint be dismissed with prejudice, and that she be awarded actual expenses oflitigation and any other relief that the Court deems just and proper. SECOND AFFIRMATIVE DEFENSE II. DECEPTIVE PRACTICES 50. Paragraphs 1-49 are incorporated herein by reference hereto. 51. The misrepresentations, omissions, and conduct described above were unfair and deceptive practices within the meaning of the Pennsylvania Consumer Protection Law ("CPL"), 73 P.S. S20l-l to 9.3. 52. Although Defendant originally intended the transaction to be made for the purpose of obtaining cash to purchase a mobile home, by the time closing occurred and the transaction was actually made, because of the representations of Ameriquest agents, she understood that this loan was insufficient for those purposes and that it was de facto merely a refinancing of her existing personal indebtedness. 53. In consummating this transaction, Defendant relied on the promises by Ameriquest agents that she could enter into a second loan - the promised home equity line of credit -- for the purposes of financing her mobile home. 54. Ameriquest's conduct constituted "unfair and deceptive acts and practices" prohibited by Pennsylvania's CPL statute. Ms. Kinavey suffered damages, the exact extent of which will be developed by discovery, but including, and not limited to, excessive interest, loan closing costs, finance charges, illegal points and fees, late charges, and unnecessary forced placement of tax escrow. 9 WHEREFORE, Defendant Diana Kinavey prays that this Honorable Court dismiss Plaintiff's Complaint, with prejudice, or in the alternative, reduce the amount owed by Defendant by the amount of treble damages available under the "CPL" and award any other relief that the Court deems just and proper. THIRD AFFIRMATIVE DEFENSE III. UNCONSCIONABILITY 55. Paragraphs 1-54 are incorporated herein by reference. 56. Ms. Kinavey could not have realistically read, reviewed, and understood the voluminous loan documents presented to her at the closing at her home, presented by an agent or agents of Plaintiff. Defendant was repeatedly assured that the loan was suitable and appropriate as it had been described, being a better loan than she had, netting her the money she needed and at a fixed rate. Ms. Kinavey relied on Plaintiff's agent as he held himself out to be a knowledgeable adviser and not merely a loan salesman. 57. The loan, however, was completely inappropriate and unsuitable for Ms. Kinavey, and placed her at risk of foreclosure. 58. The interest rate was 10.5% variable, rather than her current loan at 7.49% fixed. The one-way variable rate (up) was risky, one-sided and unfavorable to the Defendant. The Defendant asked for $20,000 cash out, but got only $8,255, making it impossible to purchase the mobile home she wanted. 59. This home refinancing was highly likely to result in default and foreclosure, a fact the lender knew or should have known. 10 60. It was only a few days before closing that Defendant learned that the loan in question would be insufficient to allow her to complete the purchase of the mobile home. 61. Because the clock was ticking on the sales contract that she signed to purchase the mobile home and because of the promises made by Ameriquest agents that Defendant would be able to get a second loan - the home equity loan - Ms. Kinavey lacked a meaningful choice in loan products before accepting the loan at issue in this matter. 62. Ameriquest drafted all the documents for the loan, and offered the Defendant no meaningful choice regarding the loan. 63. The terms of the loan were grossly one-sided and unfavorable to Ms. Kinavey. WHEREFORE, Defendant requests this Court enter judgement in her favor and against Plaintiff, and grant any other relief as is just and proper. FOURTH AFFIRMATIVE DEFENSE IV. COMMON LAW FRAUD 64. Paragraphs 1-63 are incorporated herein by reference hereto. 65. Plaintiff and its agents made misrepresentations to Ms.Kinavey, as set forth above, including, but not limited to, statements that they would obtain a loan that would benefit her, lower her monthly payment, and provide her enough additional cash to purchase a mobile home. 66. The misrepresentations were material in nature, as they concerned the basic terms and benefits of the loan. 67. Ameriquest and its representatives knew that the representations were false at the time they were made. 11 68. Based upon information and belief, Plaintiff routinely purchases loans from Ameriquest and has knowledge of its loan origination practices. 69. The misrepresentations and omissions were made with the intent to induce Ms. Kinavey's reliance and enter the transaction despite the fact that they were not in he best interests. 70. Ms. Kinavey relied on these misrepresentations to her detriment. WHEREFORE, Defendant Diana Kinavey, prays that this Honorable Court dismiss Plaintiffs Complaint with prejudice, or, in the alternative, reduce the amount owed by Defendant by the amount of her damages and award Defendant any other relief that the Court deems just and proper. Respectfully submitted, MIDPENN LEGAL SERVICES Attorneys for Defendant Date: 8f7/v~ ~. By: ~~ ~ Patrick Cicero, Esquire Supreme Court ID# 89039 Geoffrey M. Biringer, Esquire Supreme Court ID#18040 8 Irvine Row Carlisle, PA 17013 (717)243-9400 12 VERIFICATION I verify that the statements made in the foregoing Amended Answer with New Matter and Affirmative Defenses are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unsworn falsification to authorities. Date:K- /7- o~ . 13 Geoffrey M. Biringer, Esquire Patrick Cicero, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717)243-9400, Ext.12 ghiringer0lmidpenn.org DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF : IN THE COURT OF COMMON PLEAS AMERIQUEST MORTGAGE : OF CUMBERLAND COUNTY, SECURITIES INC., ASSET BACKED : PENNSYLVANIA PASS-THROUGH CERTIFICATE SERIES: 2003.11 UNDER THE POOLING AND : No. 05-3175 CIVIL TERM SERVICING AGREEMENT DATED AS OF NOVEMBER 1, 2003 505 CITY : CIVIL ACTION - LAW PARKWAY WEST SUITE 100 ORANGE CA 92868 Plaintiff v. DIANA K. KINA VEY 48 SUSSEX ROAD CAMP HILL, P A 17011 Defendant Certificate of Service The undersigned hereby certifies that on the below stated date, he served a true and correct copy of the within Amended Answer with New Matter and Affirmative Defense, by mailing same to the office of Plaintiffs attorney ofrecord by certified first-class mail, postage pre-paid, return receipt requested addressed as follows, which service satisfies the requirements ofPa.R.C.P. No. 440: Francis S. Hallinan, Esquire PHELAN HALLINAN & SCHMIEG, LLP., One Penn Center Plaza, Suite 1400, Philadelphia, PA 19103, 14 Henry F. Reichner, Esquire 2500 One Libery Place 1650 Market Street Philadelphia, PA 19103 Geoffrey M. Biringer, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PAl 7013 Date: '0//110'5: I I Respectfully Submitted, MIDPENN LEGAL SERVICES B~~ Patrick Cicero, Esq. 213A N. Front Street Harrisburg, P A 17101 (717) 232-0581 LD. # 89039 Attorneys for Defendant 15 " v.. {. -f- I " M MEMBERS 1.' Federal Credit Union CLOSED-END NOTE DISCLOSURE 1 embers ST r='\ r\. ti LOAN AND SECURIl'y AGREEMENT :/ SEP 2003 ""'\ BORROWER'S NAME AND ADDRESS FEDERAL CREDIT UNION 2 6 DIANA K KINA VEY ~8A~~S~I~ ~~~~n11 5000 Louise Drive, P.O. Box 40 ./ ACCOUNT NUMBER Mechanicsbufg, PA 17055 -~ 152090-01 183-60.3495 7.49% .... \II-~CO-BORROWERSNAME PRINC1P.;L;.r,1011NT LO.A,~i NUMBER ""-""""""''''1>'<: "...~ ~~ __..,,_.._.._ ,. 'u_ $59,200.00 8568 DATE OF LOAN05/0912002 MATURITY DATE 05/01/2017 o FIXED o VARIABLE 0 ANNUAL PERCENTAGE FINANCE CHARGE: Amount Financed: The amount of Total of Payments: The amount RATE: Thecostofyourcreditasa The dollar amount the credit wilt credit provided to you or on your you will have paid after you have yearly rale.' cost you. behalf. made all payments as scheduled 7.49 % $ 39,409.19 $ 59,200.00 $ 98,609.19 Variable Rate: If ~our loan has a variable rate as Indicated above the Annual Percentage Rate ma~ increase during the term of this transaclioo if t!'le (index) changes. The credit union will add a margin of to the index value. The rate will change moothl~ on the first da~ of the month. The rate will never be higher than the maximum rate allowed b~ law, and it will never be less than . An~ interest rate Increases will result In more payments of the same amount. For Example, if~our loan was for $5,000 at 15% for 48 months and the Annual Percentage Rate increased b~ 2% after one year, the term of your loan would increase b~ two months .OOreferred Rate: If checked. the following applies to ~our loan: Automatic p~ment Discounted Rate: Because ~ou have agreed to make your required mOflthl~ payments through an autoniatic deduction from ~our checki~SavlngS Account, your ANN AL PERCENTAGE RATE has been discounted by .20%. The ANNUAL PERCENTAGE RATE dlselosed above In !he ANNUAL PERCENTAGE TE box is Ihe Automatic Payment Discounted Rate. This rale will increase by .20% if KOU cease the automati~a~ment arrengement or fall to maintain sufficient funds in your account to cover the automatic payments. In such a case. the effect of the increase wi I beto extend the 1erm ~our loan. For example, If your Automatic Payment Discoun1ed Rate is 10% on a $5,000,00 loan for 60 months and ~ou cease the automatic payment arrangement, ~our rate will Increase to 10.20%, resulting in 1 additional payment. Variable Rate Preferred Loan.. If ~our loan Is a variable rate loan and ~ou ~alify for a preferred rate~ your preferred discount Is taken at the time ~ou take out your loan. This initial preferred ANNUAL PERCENTAGE RATE will then vary according to c anges In the Index (as disclosed above). For example. If a variable rate loan's Initial ANNUAL ~~~~;r1~~; ~Ta~~~~: \~~~~~r~tad~:C::::~'t~U:J~~i~I:~~~:~~~~~~CENTAGE RATE will be NIA%. Your initial preferred ANNUAL PERCENTAGE Fixed Rate Preferred Loans.lf~ourtoan is a fixed rate loan and you qualify fora preferred rate. your ANNUAL PERCENTAGE RATE will be the preferred ANNUAL PERCENTAGE RATE disclosed above lor as long as ~ourpreferred status remains in effect Number of Payments Amount of Payments Pa~ment Frequenc~ When Payments Are Due Property Insurance: You may obtain property '00. insurance from anyone you want that is acceptable 10 Payment 179 $547.84 Monthl~-Beginnjng 06/01/2002 the credit union. If ~ get the insurance from the Sdledule credit union you wi r pay wiUbe 1 $545.83 Final Due. On 05/01/2017 $ N/A Securlly:Collateralsecuringotherloanswiththecredltunioo the goods or property Other willalsosecurethlsloan'.YOUaregiVlngasecurlt~intereslin0beingpurchased D(Describe) ~our shares and/or deposit in Ihe credit union. and: X Late Charge: If a payment Is late b~ 10 days Of more you will Required Deposit e.lance: T!'Ie Annual PllfCentage Rate does j ~llIng Fees: I ~on.FlIlnglnsurance: bechargedalatefeeof5%of~ourscheduledpayment. not take into account ~our reqUired deposit balance, If an~, $ N/A $ NIA r.e~I;,"=~\i~~ pay ofl early. YOOW"lno!hsvetopllyepenally. u-:~:.t~~==~~YnW~~~~~m:.'OJ<><AAnoopsyment,""'''''ll.lI1yrequiredrllpliymllnlln I before ITEMIZATION OF AMOUNT FINANCED $ 59.200.00 Amount Paid to others on your behalf (Describe) AMOUNT GIVEN TO YOU DIRECTLY $ 59.200.00 $000 To MinnesotsUa $ To AMOUNT PAID ON YOUR ACCOUNT$ $000 ToMinn...oleL~e $ To $ To $ To PREPAID FINANCE CHARGE $ 0.00 $ To $0.00 To Fees MAKE SECURITY INFORMATION YEAR LD. NUMBER VALUE TYPE MODEL OTHER (Describe): 48 SUSSEX ROAD You Pledge Shares and/orDeposits of AMOUNT $ ACCOUNT NUMBER AMOUNT $ ACCOUNT NUMBER YoU agree that the terms and conditions in the disclosure statement and the loan and security agreements located.oo page 2 of this document shall appl~ to this loan. If there is more than one borrower. we agree thai all the conditIons of the loan and securit~ agreements governing this loan shall appl~ to bottl jointly and severall~. You acknowledge that ~ou have received a cop~ of the loan and security agreements and disclosure statement Co-signer: If you are signing as co-signer. ~ou acknowledge receipt of the notice to co-sIgner contained on page 2 BORROWER'S SIGNATURE DATE X (SEAl) 0 CO-MAKER o 'OTHER OWNER o "'CO-SIGNER DATE X (SEAL) 0 CO-MAKER o .OTHER OWNER 0 **CQ-SIGNER DATE X (SEAL) U CO-MAKER o 'OTHER OWNER 0 "CO-SIGNER DATE X {SEAL} 0 CO-MAKER o 'OTHER OWNER 0 "CO-SIGNER DATE X (SEAL) 0 CO-MAKER o 'OTHER OWNER 0 "CO-SIGNER DATE X (SEAL) .OTllEROWI<al, Anyporsonwllo.....,...,...rly_'...1 1_'lIIoIn.....n...orlo..orjln..._d..crlbodc_....lg ""'-.l1I.0th0._,_...I.o."".....k.r.lonot.bUQoto<lklp.y....dolM,blt\...do....n<l...Ol ...<IIlonlonh...uclll1lylrrlo...tlnlllolc_..I...JqIloln...lnlllolhc:....ayAg..........LH~-lIQMSt: Upondofao......c....konlonmoy...klmmadlotapal'll.Mfo-om..........ntorol...y............._on..._.Tho gua..ntor__.n.-.lowfllchllao'.lIa..ould....._..._by..w. APPLlCA nON FOR GROUP CREDIT INSURANCE :.!::l~~~t:;:::~~:~~:=..=~~:~~=~=:::=~od~~~~=rrc~~~~~ =~==r.:~:r~:Ii:ebf~~nu,:si=~IJ~~::~S~~~:::I~~~or. Th:~~J~~I~::..7~~:~~~~a=~he.:,~~~=:~~0~i:i:i:.~:In~~~:~~'nsl>'alClt WSUC~T C~rp~ANT 1 ~A.pplicabl.tolff"ins"""'ca ~owragecnly)Willyou b8untlerIlgt!70cn!heaffactivadeteo:l:l-,"urh>&n? [!] ODD 2. oL~f!'d.."'ab'a~~f'O:,i~;~~~ly(orw~r.:~or~~:r~~=~s~e,,~ng~~Ss~eorn:::s:i'~~~n? D [KI 0 IKI In.dditlan,~rlo.nnc..Cl.$1.00th.fall<>Wlnllqu..tlanmu.t..lOb..n.WflrndlnardlH"todetennlne.UglblUty. 0 0 0 0 3. c1~=MfimU~.tlS.~('AA~attsckorcarona-yar\"'YdlSaasa,stroke, M;y (our) snSWilrS 10 the above question. .....true tothebnst of my (otX) knowledga and belief, Ifm~ co-.nppilcanl ']I" I enswer "No" to qua.~cn 1 or 2, wa UltIaratand Itllt! this per.on i. nct eligible lor ins...,.,oell1<1 Will oot beinslnld The effecli..... dnle of my ~OUfJ insurilnC8 will be !he dI1I.a of !his application. Any pen.on who knowIrllIly and with Intant ta defreucl any lnourance company ar oth.r penon fU.. an IppllCltlon far Insurenca Qf stat.ment of claim containing en~ mltsri.lly 1.1..lnfanni.i1on a,conee.r. f01Il1. PU~. of mlllaadlng, Inform.tlon concemr:'t ent.facl mamri.1 thl1'1lto commits. fnIudul.ntinsurence I(:~ -:.~~r ~~:e~~'l:"IV.sn~"'tu:J~~.,.~~~~ne '4.br:;~~ .~t ~~~=3di~ lh~' =I:tlo';f:~~,#;,ne ~~;;i1~J'::~' :~\C::n~::I:II.ppllcatlan will nat bs Ulld In eanIQllfll1 applle. e CREDIT INSURANCE APPLIED FOR: NOTE: ONLY ONE APPLICANT MAY APPLY FOR DISABILITY COVERAGE. DYes DYes o No o No DYes [!J No Credit Disabilty Single Credit Life Joint Credit Life o Applicant 0 Co-Applicant T etal Premium Total Premium $0.00 Indicate which applicant(s}: D Applicant D Co-Applicant Indicate which applicant(s}' Yculll"9coveradoniyforlhatwas 0:1: coveragafor wllich a charge is indlC8tedcnlhis application APPLICANTS SIGNATURE DATE OF BIRTH DATE X CO.APPLlCANrs SIGNATURE X WITNESS DATE SECONDARY BENEFICIARY (APPLICANT) MHC-98.438S,3?A eORROWER'S NAME DIANA K KINAVEY lOAN NUMBEFl 856B ACCOUNT NUMBEfl 15209001 OAlE OF lOAN 05/09/2002 N THEs,; AGREEME!irSST. HE WORDS "CREDIT UNION" MEANS MEMBERS 1ST FEDERAL CREDIT UNION THE WORDS "YOU," "YOUR" AND "YOURS" MEAN THOSE ~AMED AS BORROWER( } .OAN AGREEMENT 'ayments/Flnance Charges: For value received, you promise 10 pay, at he Credit Union's office, all amounts due, All paY!T1ents shall be made )ursuanllo the disclosure statement on page 1 of this document. You mderstand that the finance charge and total of payments shown on page 1 Jf this document are based on the assumption that all installment palmants !l'iIl be made on tM schedulEKI due dates, and , i1' you have qualified or ,referred ratel that you continue to satisfv the conditions of that preferred ate. If you 1'ai to pay any installment by the time it is due, yOll Will pay ldditional interest on the overdue amount. Preferred Rate: If you qualifvfor a preferred rate as disclosed on page 1 of this document or in a separate preferred rate addendum, you undersfand that yO\l must meet the conditions disclesed to you in order to quamv for the preferred rat~1 and must continue to meet those conditions in order to keep your preferreo rate. If you fail to meal these conditions, your rate will Increase, thereby extending the terms of your loan. You promise to continue making payments and 10 meel an obligatiOl1s under this Agreement even If you no longer receive the preferred rate. ~ate Charges: If you make a late payment, yo.u agree to pay a late charge f one is dlsclose<f on page 1 of this document 'roperty Insurance: If you obtain a loan secured by a motor vehicle or lther tangible property, you must obtain insurance which protects the credit mion from financial loss. The amount and coverage of the property nsurance must be acceptable to the credit union, Such a policy must >rovide at least fire, theft, combined addilional coverages and collision nsuranC8. It must conlain a Loss Payable clause endorserTlElnt naming the ;redit union as lien holder. You may Obtain this insurance from any agent of (Our choice and direct the agent to send the cfedit union a copy of the loHcy. )ebtor Responsibility: yO\! promise to notify credit union 01" a!'Y change in lour namehaddress or employment. You promise not to apply for a loan if IOU know I ere is a reiilsonable probabilitY that }'(Iu will be unable to repay fOur obligation according to the terms of the credit extension. You promise o inform credit union of-any new information which relates 10 your abimy to spay your obligation. You promise not to submit false or inaccurate nformation or willfully conceal information regarding your creditworthiness, ;redit standing, or credit capacity. )efauft: You shall be considered in default if any of Ihe following occur: 1) f you break any promise made under Ihis loan Agreemenl or under the 3ecur.lty Agreement; or (2) if you do not use the money the credit union oaned you for Ihe purp'ose stated in your application; or (3) if the credit mion should, in good failh, believe tnat prospect of payment, performance lr realization of the collateral, if any, 15 impaIred; Of (4) if ':lou die., or (5) if IOU file a ~titlon in bankruptcy, insolvency.. or receivership: or are put nvoluntarlly into such proceedings; or (6) IT the collateral, If any, given as ;ecurity for this account is losl, damaged or destroyed, or if it is levied 19ainsl. attached or QlM"l\ish.ed; m- (7) If YOlJ de net pay en time any of YOUT )fher or future debts 10 the credit union. If you default, Ihe credil union may, lithe credit union's oplion and withoul prior ,notice, declare thIS loan mmediately due and payable, and you must immediately pay to the credit mien at Ural. time the total unpaid tialance, as well as the finance Charge o date, any lale charges and costs of collection permitted under law, ncluding reasonable attorney's fees, that the credit union may incur, up 10 20% of the unpaid principal and interest. Costs of collection include, but are lot limited to, repossessIon fees, apprai!j,als, environmental site lSsessments, casually damage Insurance coverage, and attorney's fees for my action taken by an attorney in order 10 collect thiS loan or preserve or lrolect the credit union's rights and remedies, including, without limitation, )fe.sult demands for payment, pre-suit mediation or settlement legotiations, investigation and assessment of the credil unions' rights, larticipation in bankruptcy cases, matters, and proceedings (including, "itholitlimitation, filing prOofs of claim, pursuing reaffirmation ~reements, lttending meetings of creditors, and pursuing complaints, motions, and )bjections Ihat relale in an:{ way to the credif union's collateral or right to layment), collateral disposition, non-bankruptcy suits and/or administrative lCtions, and aP.peals. The principal balance in default shan bear interesl al hecontracl rate. itatutory Uen: If you are in default, federal law gives the credit uniol"l the ight to apply the balance of shares and/or dividends in your account(s) at he time Of default to salfstv this loan. Once you are in default, the credit mion may exercise this right without further notice to you. )elay In Enforcement: Credit Union may delay enforc. ing any of the credit mion rights under this agreement without losing them rregular Payments: The credit union may accept late payments or partial layrnents, even though marked "payment In full, without rosing any of the ~it unio\"\ rights uOOei'tllis agreement. ::o-makers: If you are signing this agreement as a co-maker, you agree to )6 equally responsible with the bO'fTower, but the Cfedlt union may sue !ither or ooth of you. The credit union does not have 10 notifv you thai this Igreement has not been paid_ The credit union may exterld file terms of layment and release any security without notifying or releasing you from .espon,sibili\y on this IIgreement Contractual Pledge of Shares: You phldgeall your shares and deposits In the credIt union, Including futut'll addlllol\S,", HCUfil'/ fOI' this lcal\.1r. case you default, the credit union may app/ythese shires and deposits to the payment of all sums due at the time of default, Including cOlts of collecUon and rtIasonable attorney's fees, that the credit union may Incur, up to 20% of the Uf\~ prIr.c\p-al anu Ir.t&rest. No lien or right to Impress a nen on shares and: deposits Shall apply to any of your ahares which may be held In an "Individual Retl~ment Account" or "Keogh Plan." SECURITY AGREEMENT To secure payment of thIs 10lin and aUexpendlwt'lls Incurred b=eCredlt unlOl1ln connect1on with thl,loan, o( 1r.l'Ut~M <N\. securlW you grant to the credit union a securftY Interest In the ~ro~e-;.'X deAcrlbe on ~~Ct~~~ :noJ~~Ji~I~':foSt~U~~~p~C~?p~~~~~:"iny IMurance on the secured property and all eamlng' nlCelved from the secured property. g:g::ig:~r;n~::ohn~!~r~ %~~nlta:nf~~IW.f:J~salf:~~~ any ::~r:::~~~~~;:~llu~~~~g:r:~~~~~ {,u:~ Howev~\froperty Borrowe.... prl~al resl1enee (unless the pl'f.1r .:J'i.cf.~- notices are ~~~~:~g::rlholde;J~~. (equlrements are SiI sf! ), or are non-pun:;hase You'll"lf\olctlal\gefuelocatiOllt>l,SeI\()(\laMleflhecollll\eralunlesSYOllhave thecredltunioll'spriorwnltenconsent ~~epru;~~~m:~ ~g~~ea~e~W~M~I~ ~~~h:x;~~~t~~~ri~~t~fr:~!t~fau~~~~:ests malrer o::mr.er of the collateral wOO has $lgnOO the agreement in the indicated place You will pay all taxes, assessments, and liens against or attached to the proc::;y ~~~~l:~~4:U~Bf a~~160~~9f:t~fi~a~=Ys~~~~~~ec~~ed n a agreement amendme~ at the credIt urllon's request and will defend the property against adverse thIrd party c1aims r~~~~'~~i(\ insuranc'n\~~T~~ \~~~~i~U[n~~na~i~ tile arTlOllntsatisfac credit union, You will supply the credit union with proof of sucll insur;lnce sums owed to credit union and secured bv this prowtY are repaid. fail to maintain such [['lsurance, credit unron may~ut ~u~~=~h~,g , ~~~7~t~~s~~t~;~~r~1r~~~t~~~~~J?furlher ~W~ to th.trc~~~t d1~ ~~~ rngs'llr~ ~~=t~~ic~~~tdrrny 'Inrstt~~~ton unlofL~~aulhorizetheCrei:lituniontoenijorseanYCheckor~fprovidedas i~ ~~n~: such \IlSurance, and apply those proceeds \0 the sums owed to You further authorize tile c~it union t~ provide}'O\jr Insurance Service Center with the necessary informallon for I'EIriflcation of adequate coverage. Youacknowledgethatinsur~nceoranlextenslon,thereof, placed bv the credit uniO(lisy.ithoUfbenefittoyOlJ Inalvidua ly but IS pnmarllyfOftheprofectlon of the credltumon. ShOllldthecred!tunlonfeelatanytlmethatthesecur~ypresentedhas d"lminished ill value, or for any reason feel thaI additlonarsecuri~ iSfe!luired, ~ iWJ~~i3l~~\~ }~~itn~~st~hlg ~~gt~?)t~~~n~= ~al~~~h~~~~ loss. It a defaull as defined in the loan Agreeme ~naJ1~<f~~'~~a~~~~~~~euJa L~re ~l~~lrii~{:'tt,~~e c~~s~, unionhastheriW:lioren~he~r ~~11~~ed~cik~g~:?~~llcol~erli a il othei'WlsedisposeofthecoUateral.lhecredit r~~gr~I~~n~~~~ &ts~~~~ed~J~~~sab1 c.~ collec:tform ufeasonablee~nsesmcUrred\nther p 911~as~~~~~~f~~:rfega urredinconnectlonwilhdispositJonoftheR1 Keep possession of the property {collateraih des c~J~;~~~\~a\hlt~:~r~7i"tn\~ ~s 6~e a Ie 10 the credit union under the UnifOfm C g enforce d~tltar~tWttt~~~~~J.; ~ilo~/lh~ ~~iru~i~nf1g ts ~~~\~S~~~~~~=rtJ~!~am~_ W~~~~i~~~~t waivelhistlefault, it will not conslitutewail'Elr of any other subsequent de/aults. ~~t~ ~1~~ r~~og~~I~~~i~ 1~~~~ n~~~~t~~~~t~i'~I~~i";rn~n~ secllrity interest INIIlctIlhis agreement creates Ibi~~Jss~%l.h~~n6e~=~l~~~~~~tl~~ ~U7~ln~~i1e~~~i~?J are agreement. 10. .reW~,s~~r!tls'r8~~nt not ooly binds you, but your executors, admlnistr<ltors, 2. 3. 4 5. , 7 , g. 61002/99 NOTICE TO CO-$IGNER You ace being asked to guarantee tllis debt Think carefully before you do. If the borrower doesn't pay the debt, you will have 10. Be sure you can afford to pay if you have to, and that you want to accept tllis responsibility. ~~~y;,r: have to pay up to the full amount of the debt if the borrower does not pay. You may also have to pay lale fees or collection costs, which increase this rhe creditor can .collect this debt from you without first trying to collect from the borroweL The credilor can use the same collection methods against you thai ;an be us~ agl!ms~ the borrower, such as suing you, garnishing your wages, etc. If this debt is ever in default, thatfacl may become a part oryour credit .ecord. ThiS notice IS not the contract that makes you liable for tne debt. =.437691/01 .PPROSl'Slem..11lC 224-1Q78 Page2of2 ~~t~ \0~ DIANA K KINA\lEY 48 SUSSEX RDAll CAMP HILL, PA 17011 5tlM'MA'R'l' Mcllt!nt Number Credit limit Available Creclilt Days in [W[ ln1} Cyde Average Daily Balance Daily Periodic Rate ANNUAL PERCENTAGE RATE FINANCE CHARGE New Principal Balance Current Payment Past Du~!'.motlnt Total Late Fees Due Minimum Payment EQUITY LINE OF CREDIT STATEMENT ,:'"'llANK &:' .... ';41QQ ,....,.../.. .~..... .:::';' :......<: ..... ..:.... .>,~\': ..:.-,....:.:.' "lka~11II1 lor ~\IIItlf IIIffll111a~.," i.m'eilt Mil ~qy!'flili{.f! r. YOlf qu..(1&n.. ,:1 SEPfEMBER 20, 2003 :.;,':,flt!:.::.,:..-'_, .' ~oo'i:i ' . 1.6) '2 ~. 9;,*'.90' .(fll'1~!g1% Payment Due Date 10/10/03 3 . 15'f. 3(1.16 9. 918.tQ 30. Ii! C.OO 0.00 30.16 BALANCE SUMMARY Previous Total Balance 9,478.10 Payments/ + Advances Credi ts 100.00 600.00 + Finance Charge 30.16 + Insurance + Other Charges 0.00 0.00 = New Total Balance 10.008.26 TRANSACTION DETAIL Date 08/27/03 09/04/03 09/08/03 Oeser iption ADVANCE ADVANCE PAYMENT . THANK YOU Check No. 123 124 Amount 100.00 500.00 100.00 Principal Balance 9,550.68 10,050.68 9,978.10 . IF YOU HAVE ANY OUESTIONS ABOUT YOUR STATEMENT, PLEASE CALL OUR 24.HOUR PHONE BANK AT 1-888-910-4100. THANK YOU FOR BANKING WITH CITIZENS. NOT YOUR TYPICAL BANK. Please detach and return this coupon with your check payable to Citizens Bank. .: CITIZENS BANK EQUITY LINE OF CREDIT Payment Address: PO Box 1315 Providence RI 02901-1315 o Ch~ckthisboxifchangeof address or personal information completed on reverse side. Account Number Payment Due Date Minimum Payment 060-00006057117976 10/10/03 30.16 DIANA K KIHA\lEY 48 SUSSEX ROAD CAMP HILL, PA 17011 G:r Equal Housing Lender Member FDIC '^ b7< z.... I ,_C; <'~ \C~Gc, 01 060 00006057117976 000000000003016 Amount End osed IS See reverse side for important information Customer Service : If you h:ve any questions regarding your account call the number shown on the front of your statement or write to us at the following address: Citizens Bank Consumer Loan Servicing .RJE212 1 Citizens Drive Riverside, RI02915-3000 YOUR BILLING RIGHTS - KEEP THIS NOTICE FOR FUTURE USE The following is important information about your rights and our responsibilities under the Fair Credit Billing Act for line of credit accounts. Notify us in case of errors or questions about your line of credit bill If you think your bill is wrong, or if you need more information about a transaction on your biLl. write us on a separate sheet at the address listed above. Write to us as soon as possible. We must hear from you no later than 60 days after we sent you the first bill on which the error or problem appeared. You can call us, but doing so will not preserve your rights. In your letter, please give us the following information: . Your name and account number. . The dollar amount of the suspected error. . Describe the error and explain, if you can, why you beLieve there is an error. If you need more information, describe the item you are not sure about. If you have authorized us to pay your biLL automatically from your savings or checking account, you can stop the payment on any amount you think is wrong. To stop the payment, your letter must reach us three (3) business days before the automatic payment is scheduled to occur. Your rights and our responsibilities after we receive your written notice regarding your line of credit We must acknowledge your letter within 30 days, unLess we have corrected the error by then. Within 90 days, we must either correct the error or explain why we believe the bill was correct. After we receive your letter, we cannot try to collect any amount you question, or report you as delinquent. We qm continue to bill you for the amount you question, including finance charges, and we can appLy any unpaid amount against your credit Limit. You do not have to pay any questioned amount while we are investigating, but you are still obligated to pay the parts of your bill that are not in question. If we find that we made a mistake on your bill, you will not have to pay any finance charges related to any questioned amount. If we didn't make a mistake, you may have to pay finance charges, and you will have to make up any missed payments on the questioned amount. In either case, we will send you a statement of the amount you owe and the date that it is due. If you fail to pay the amount that we think you owe, we may report you as delinquent. However, if our explanation does not satisfy you and you write to us within ten days teUing us that you still refuse to pay, we must tell anyone we report you to that you have a question about your bill. And, we must teU you the name of anyone we reported you to. We must tell anyone we report you to that the matter has been settled between us when it finalLy is. If we don't follow these rules, we can't collect the first $50 of the questioned amount, even if your bill was correct. Method used to determine the balance on which the finance Wlarge will be computed on your line of credit account We figure the finance charge on your account by applying the daily periodic rate to the average daily balance of your Credit Line Account and then multiply by the number of days in the billing cycle. To get to the average daily balance, we take the total beginning balance of your Credit line Account each day and add new advances and subtract the principaL portion of any payments and credits. The beginning balance for the period is the New Principal Balance amount from your previous statement. To determine the principal portion of a payment, subtract any unpaid finance charges then insurance premiums (if any) and membership fees and other charges (if applicable). This gives us the daily principal balance each day. Then we add up aU the daily principal balances for the billing cycle and divide the total by the number of days in the billing cycle (the number of days since your last statement). This gives us the average daily balance. The average daily balance does not include finance charges, insurance premiums, membership fees or other charges. How you may compute the finance charges on your line of credit account When the average daily balance has been computed, you multiply the average daily balance by the daily periodic rate which is arrived at by dividing the Annual Percentage Rate by the number of days in the year. The result is multiplied by the number of days in the billing cycle. This figure is the finance charge assessed for the billing cycle. Both the Annual Percentage Rate and the daily periodic rate may be subject to change. NOTE: Any dollar amount paid over the amount due will be applied to the principal. Thank you for banking with Citizens Bank. Change of Address or Other Information Please complete the Lines below. You may also visit anyone of our branches or write to the correspondence address listed above. Borrower(s) Name Street Address City/State/Zip Signature Date '1 i Phone Number ( F-35 REV. 10/02 .... W ::J Z ;:: a U ~ ~ ~ W ::J " !z ::J 0 ::; '" a: ::J 0 >- ~ z ,.., ::; CJ 3~ <0 u~ If" ~1lI ru !Il@ CJ ~5 '" >-- ,.., 11:" z 0- ru (/J ....00 l'- I 0 ~'" CO) '<W :r I- ~ "'~ u;~ l'- 0 ~a.Cli3a: a: <( X 0..<0.5 >-u CJ ~ UJ o ~;g !:!:;;e:; If" ll! en CJ en ZC')tB (/J :::J Sa:"iij ru 15 (/J cr.....+:l UJ UJ",c ,.., (/J m<Xl{ll CJ ~ ~......- ,.., ~ :::lO~ l'- a. 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STATUS C DATE 0>/>5/03 0>/>5/03 0>/>5/03 0>/>5/03 0>/>5/03 RECEIPT CODE DESCRIPTION NO 200 CTY-LOWER ALLEN TWP 250 CLB-LOWER ALLEN TWP 300 MUN - LOWER ALLEN 301 DEB.T SER~LOWER ALLEN 400 SCH-WEST SHORE 01/15/03 201 FILING FEE 02/13/03 202 POSTAGE RET &: CLAIM 03/12/03 PAYMENT RECEIVED: 01/21/04 400 SCH-WEST-SHORE 0>/,1/04 ,0> FILING FEE 02/23/04 202 POSTAGE RET &: CLAIM 05/03/04 PAYMENT RECEIVED: 09/13/04 PAYMENT RECEIVED: CUMBERLAND COUNTY TAX CLAIM BURE:AU ONE COURTHOUSE SQUARE CARLISLE PA 17013 TAX CLAIM INQUIRY SITUS-48 SUSSEX ROAD PROPERTY-CUMBERLAND PARK DESC -LOT 89 TR 3 PB 6 PG 3 -Residential Building BOOK/PAGE 00212 00719 LAND USE R ACREAGE .170 VALUE 83,180 VALUE C&:G TAX 170.19 8.57 83.18 41.59 840.12 30427 840.12 37493 . 40229 . PENALTY 17.02 .86 8.32 4.16 84.01 INTEREST 2.56 - ." 1.24 . .62 12.60 2002 TAX TOTAL 2002 FEE TOTAL 2002 PAYMENT TOTAL 2002 YEAR TOTALS &: BALANCE 84.01 45.04 . 2003 TAX TOTAL 2003 FEE TOTAL 2003 PAYMENT TOTAL 2003 YEAR TOTALS &: BALANCE ESTIMATED BALANCE DUE NEXT MONTH MISC RECEIPTS - - - - - ~ - - - - November 18, 2004 Dear Ms. Rowena, CLAIM TOTALS ESTIMATED TOTAL DUE NEXT MONTH CHARGES 189.77 9.55 92.74 46.37 936.73 1275.16 15.00 5.00 20.09 1295.16 969.17 969.17 15.00 5.00 20.00 989.17 2284.33 PAGE 1 PHONE 717 240-6366 FAX 717 240~6354 REM ARK S CERT MAIL~R/C 222466 CERT MAIL-SALE MAP NO 13-23-0557-061 PAYMENTS BALANCE DUE INTADDED EACH.MO ,00 .00 .00 .00 .00 1295.16- 1295.16- 129'5'.16- ,00 2.88 500.00- 100.00- 600.00- 600.00- 389.17 392.05 2.88 1895.16- 389.17 392.05 2.88 Ms. Kinavey is making payments as shown on print-out. Ms Kinavey has agreed to have al12003 taxes paid in full by June 30, 2005. No tax sale proceeding will begin until July 1,2005 actual tax sale is September 2005. If you have any questions or concerns please contact me-at 717-240-6367. Thank you, J c._..~0-J ~ h J Mfi~- Kurtz Tax Claim Bureau I vi ~ .., C.-X 'I rr\) ~~~ \0~~ . wq< I'" q< rl .-l 0 0 0 q< rlrl ~~ Wli) N 0 III 0 0 0 0 q<q< ---... 'MM. -N 0 .w 0 WW '0 N 0 0 0 0 N (Y)(Y) 0--... I I q< --.... l'< 0 0 0 --.... 0000 '"= 00 (Y) rl rl rl (Y) (Y)(Y) r:'\) q<q< rl <J} <J} rl NN --.... --.... '" '" ........ rlrl ........ r'l 4-l rf\ \ s:: 01 p., (Y) 0 riI <l) 0 C9~ H OJ 0 '0 Z .w .d p.,.,-l.. ::r: ..., 0 <l) OJ <> g~ 0 III +' 'O~ 00 OJ N > .0: ~"' Z "" 0. \D.-lO~ ~ 0 .,-l (Y) ~ p.,r.. .,-l :.: .,-l.,-l U 4-l <l) <l) 0 .w .w H ~ill;:l-I-lO 0 U ;:j 0 0. 0. 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HP::p., \J) 0 ::r: U t-) :.: rl ...s ('~ (Y)W "" 0 .,-l CIl J1 t ~ rlN H ~..:1 I ..., -i- VJ cJ --...... III -rii..:1 (Y) 0. l'< ^ "'N ~ :>-<CIlH N .,-l CIl / '--f' .-< ~CIl::r: l H riI ;:.-, .. ;:j >P (Y) u s: ^ 0) <>l <i) r1 'jo '0 Z .0:00'" rl CIl l ^ ^ 1 .:i <l) ~oo~ ~ ::r: '0 '0 <iJ '" .w rl U III <ll G CIl ..l- s:: 0 :<:q<U 0 CIl H > .!<: '}l ] 'y .,-l H Z <ll .,-l H P Il H .w H (Y) '0 <ll '0 <tl ~ P, r;:: P, X III 0 r;:: u .,-l s 2 <l) 0 III r.l CJ 0 <l) Q) III Q) p:: U :<: 8:>-< N l'< p:: '" p:: \0~~'\P~ CUMBERLAND COUNTY TAX CLAIM BUREAU ONE COURTHOUSE SQUARE CARLISLE PA 17013 PHONE 717 240-6366 FAX 717 240-6354 Reprinted: 3/01/05 C TAX CLAIM RECEIPT 11:06:44 Receipt No. : Receipt Date: Page: Control Number: 13-002000 Property Description: KINAVEY.c.. DIANA K 48 SUSSt:;X ROAD CAMP HILL PA 17011 CUMBERLAND PARK LOT 89 TR 3 PB 6 PG 3 Residential Building Situs Information: 48 SUSSEX ROAD Map No: 13-23-0557-061 LOWER ALLEN TOWNSHIP 41835 2/11/2005 1 Tax Year Description Penalty & Interest Costs Total Face 2003 SCH-WEST SHORE 383.41 11.52 Received For Year Of 2003 394.93 $394.93 Total Received $394.93 Tendered > CHECK Received By > LM Paid By > Remarks > KINAVEY, DIANA K 115674 Balance Due As Of Claim Balance: . Receipt Number: 41835 Total Received: , 2/11/2005 .00 ~ / \Q)~ $394.J3 January 29, 2005 AMERIQUEST MORTGAGE COMPANY ,. , . 1 1 ~S--6 . H. Gus Dorn, Senior Agent Commonwealth of Pennsylvania Office of Attorney General Bureau of Consumer Protection Harrisburg Regional Office 301 Chestnut Street, Suite 105 Harrisburg, PA 17101 RECEWEO FEB 0 2 ZOOS VttIC8 ot Attorney General l I P RE: Diana K. Kinavey, A-007313-2004 Dear Mr. Dorn: This letter responds to the complaint filed with your office by Diana Klnavey on December 6, 2004. The complaint filed was formatted as Complaint 1 and Complaint 2. We provide a response to each complaint below: Complaint J: Amerlquest advanced delinquent taxes and created an escrow account: At origination of the loan, Ms. Klnavey did not elect to establish an escrow account for taxes and insurance. Ameriquest vendor, Fidelity National Tax Service, ("Fidelity"), monitors escrowed and non - escrowed accounts and Identifies delinquent taxes during the annual search of the tax collector records. This search is performed at different times of the year, depending on when each tax collector's office makes the information avaftable. For all delinquencies, Fidelity sends to each borrower a letter requesting that the borrower pay outstanding taxes and send back proof of payment within 30 days. We enclose for your review Fidelity's correspondence dated July 7, 2004, mailed to Ms. Kinavey. . If the tax server receives no response to the first letter, a second letter Is sent requesting a response within fifteen (15) days. . If a response Is received from the borrower and the response is complete; the tax servlcer sends the borrower an acknowledgment. . If a response is received from the borrower and the borrower partially fulfills the requirements; the tax servicer notifies the borrower accordingly and notifies Amerlquest. There is no indication that Ms. Klnavey responded to Fidelity or Ameriquest prior to taxes being advanced on October 14, 2004. Amerlquest advanced $486.83 to Cumberland County for the delinquent 2003 tax; $848.44 to West Shore SD/Lower Allen Township for 2004 taxes and $417.11 to Lower Allen Township for 2004 taxes. On November 18"', a conference call with Ms. Kinavey and Cumberland County was noted by our Tax Department. The County confirmed Ms. Klnavey had an existing payment plan for the 2003 delinquent taxes and on November 24th, Amerlquest received a refund of $486.83 and credited these funds to the escrow account. The escrow account currently has a negative balance of $1,265.55 which represents the 2004 taxes advanced by Amerlquest. Our records indicate the loan is contractually due for the December 2004 mortgage payment. In October 2004, Ms. Kinavey spoke to our Customer Care Department and stated she was experiencing a financial hardship due to having recent knee surgery. She was receiving disability benefits that only equaled two-thirds of her regular monthly Income. ~ As a customer accommodation, Amerlquest will spread the escrow balance over a 24-month perlod~@ \) instead of a 12-month period. If Ms. Kinavey further assistance with bringing her loan current A'l8 \ \ \S contact our Home Retention Department for payment plan options available. rr'~ ~ " 1100 Town &CounlIy Road, Suite 400, Or.Illge, CA 92868. Phooe (714) 541.9960. Fax (714) 245.j)385 \1{) 1l3l "~Gt. We respectfully decline Ms. Klnavey's request to waive the 2004 taxes Ameriquest advanced. However, If Ms. Klnavey contacts the county and requests a refund be issued to Amerlquest for the 2004 taxes, we will credit and cancel the escrow account. Ms. Kinavey will be responsible for establishing a payment plan with the county for the 2004 taxes and wlll be required to provide a copy of the payment plan and to contact Amerlquest If she receives future correspondence relating to taxes. Complaint 2: This complaint states Ms. Klnavey sought refinancing with Ameriquest to obtain $20,000.00 In cash out proceeds to purchase an Investment property. The loan application taken on August 18, 2003 by Amerlquest Lancaster, PA branch was processed as loan number 0054928064. The Information obtained during the application process suggested the property had a current market value of $125,000. The federal required disclosures, ("RESPA"), were mailed on August 18"' and disclosed an estimated loan product based on a loan amount of $112,500, on an adjustable rate note at 10.350% Interest. An appraisal was ordered and performed and the estimated market value of the property as of August 29,2003 was $103,000.00. There was nothing noted in the appraisal that the property required repairs for siding. Accordingly, no reserves were withheld through the loan proceeds for deferred maintenance. The appraiser commented, "the subject property Is In average condition on both the Interior and exterior. The subject has a standard floor plan and average amenities. The subject has recently been updated Including a new kitchen, bath, facia, soffit, gutters, and thermal pane windows." Our research does not support Ms. Kinavey's allegation that $103,000 was an inflated value for the property. We enclose a copy of the appraisal for your review. The title commitment prOVided by Express t=inanclal Services disclosed a first mortgage held by Members 1st Federal Credit Union In the amount of $59,200.00, a second mortgage held by Citizens Bank of Pennsylvania In the amount of $12,000.00 and a third open-ended mortgage held by Citizens Bank of Pennsylvania In the amount of $10,000.00. The instructions to title are to insure Amerlquest in a first lien position, therefore Ameriquest requires all prior mortgages .or security instruments attached to a property be paid In full to ensure a first lien position. When an existing mortgage Is paid off through the loan proceeds, a request for Reconveyance and Estoppel is required to be executed by a borrower at closing. OUr records show a Reconveyance and Estoppel was executed by Ms. Kinavey for the mortgage held by Members 1st Federal Credit Union. There was no estoppel executed and issued to Citizens Bank of Pennsylvania when the payoff was disbursed. At closing, Ms. Kinavey executed the enclosed HUDl Settlement Statement showing $8,255.14 as cash out proceeds. The final HUDl Settlement Statement confirms she received the exact amount agreed upon. In addition, she was provided with the federal required three (3) day Notice of Right to Cancel and One Week CancellatIon Period document that allows Amerlquest borrower's seven (7) days to review their loan documents and to cancel the loan transaction at no cost. Ms. Kinavey did not elect to cancel the loan transaction and the loan funded. . We trust the above addresses the concerns outlined in the complaint. Sincerely, ~'fi~ c0~ Marti Quigley Regulatory Analyst III Legal Department Enc. cc: Sabine Wromar, Esq. f) ( 1....._ .:j -c ~, ':...":'> ("':-) ~, o "TI ::r!~ n'1.~...: r-- -rJ(ll -,..:,,"1 '.-'r s.-~ (_:> ',-- -r, 7'~::U '~O <::)P1 ..-1 )>. ::0 ...; 7". l,_. (,') GJ -',' ~~ C.::> LJ STEPHEN YEAGY PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 05-3140 C[VIL ACTION LAW KIM A. YEAGY DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, August 18, 2005 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before ,Jacqueline M. Verney, Esq. . the conciliator, at 4th Floor, Cumherland County Courthouse, Carlisle on Tuesd"y, September 20. 2005 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and aU existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinj!. FOR THE COURT. By: Isl facqueline M. VeJOrJev, Esq. Custody Conciliator j:.;1i1 The Court of Common Pleas of Cumberland County is requin:d by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilitie, and reasonable accommodations available to disabled individuals having business before the court, pleas!: contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 '~~~ ~ ~ ~ -&.,.".2 ~ ~ :!!': ~ ~ S"'<F.. "4.r>v $tw .;? "'P:...:....." '47 ...2>, "".s . I" .'/'1 !, C:\'T{-3d \11'\;\1,\ /..~, '""'-:'r"n8 f..rnt."<:': '.,r'l!~'-:;'~";~\t Al'''I...! " U I S2 ;:lnV SOOl 90:c. RC Tn ; I',ld 3Hl :10 AtJV10"uf I1Ur,311:l 381:l30...,. --- -~..,.~--~-_..--~,~ - ~-'(-~ "~:_": ~v' ..~~~_-~.~... STEPHEN YEAGY, Plaintiff ~PR I 'i ZO(16 ~W... ~ ,1 -- - '--- 2(r ...;.;.:..;.;.....;c..;..,""'" ~.::;. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-3140 CIVIL ACTION - LAW KIM A. YEAGY, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 14th day of April, 2006, being advised that a follow-up Conciliation Conference is not needed at this time, the Conciliator hereby relinquishes jurisdiction in this matter. FOR THE COURT, ~ jiIJ. ~/ ine M. Verney, Esquire, Custo Conciliator "..:; STEPHEN YEAGY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05-3140 KIMA. YEAGY, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301( c) of the Divorce Code was filed on June 17, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit 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. DATED: 2-/2 -D7 o c: s: -nee cDrTi =?--r co".; c.:: .:::y: j~-', .1;' ~; ':3 . '" ~ = c:::;:) -...J .." ,." co 1'\.) -.J o ""ll :r! il"l:!::l "hi :0 C'J aT ~:;j S';l i~~ -::-I $ -< ;bo ::i:: - - N STEPHEN YEAGY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05-3140 KIM A. YEAGY, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit 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. DATE:J./2-07 (") C ..".. '" -oi:.'jC::: mp' ;::.- <;~;~ &;> C2 ~(~.'. L -- ",-::;:~~", r .-.- ""',;;." ....- ::2 to-:J = = .....I -T\ rt'l o::J N --.I Q -n :I!-n rTlfii :!}c;:> C) C.J j~:H ::) 7''') :;{;.rn u ."'"\ ~ -< :P" :x. - - N -......J, ~ ".--.. FILE COpy ~AGESETTLEMENTAGREEMENT ; iO S-epte.rr..bv-- W AGREEMENT made this ;lq liay of Jaflti8!j', 2006, by and between KIM A. YEAGY (hereinafter called "Wife") and STEPHEN YEAGY (hereinafter called "Husband"). WITNESSETH: WHEREAS, the Parties hereto are Husband and Wife, having been married on October 1, 1994, in Nicholson, Pennsylvania. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the Parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the Parties hereto are desirous of settling fully and finally the respective financial and property rights and obligations as between each other, including without limitation: 1. The settling of all matters between them relating to ownership and equitable distribution of real and personal property; 2. The settling of all matters between them relating to past, present and future support and/or maintenance of Husband by Wife or Wife by Husband; '--.( 3. In general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE. in consideration of the premises and of the mutual promises. covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the Parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT PREDICATED UPON DIVORCE: It is specifically understood and agreed by and between the Parties hereto, and each of the Parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any Agreement for the institution. prosecution, defense or for the non- prosecution or non-defense of any action for divorce; provided. however. that nothing contained in this Agreement shall prevent or preclude either of the Parties hereto from commencing. instituting or prosecuting any action or actions for divorce. either absolute or otherwise. upon just. legal and proper grounds, nor to prevent either party from defending any such action which may. has been. or shall be instituted by the other Party. or from making any just or proper defense thereto. 2. EFFECT OF DIVORCE DECREE: The Parties agree that unless otherwise specifically provided herein. this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the Parties. 2 3. AGREEMENT TO BE INCORPORATED INTO DIVORCE DECREE: The Parties agree that the terms of this Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to them. 4. ADVICE OF COUNSEL: The provisions of this Agreement are intended to effect a legally binding property settlement between the parties. Husband has been represented by Mark A. Mateya, Esquire and Wife has been represented by Johnna Kopecky, Esquire. Each party acknowledges that he or she fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is fair and equitable, that it is being entered into freely and voluntarily and that this Agreement and the execution thereof is not the result of any duress, undue influence or collusion. 5. INTERFERENCE: Each party shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor in any way interfere with the peaceful existence, separate and apart from the other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 3 I' "'....J 6. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit claim, and forever discharge the other in the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, or whatever nature and whatsoever situate, which he or she now has or at any .~ time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other, or byway of dower or courtesy, or widows or widowers rights, family exemptions or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country, or any right which Wife may have or at any time hereafter have for past, present or future support of maintenance, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result ofthe marital relation or otherwise, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other, by the execution of this Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 4 J '. " 7. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS: Eachparty understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non- marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the I>ennsylvania Divorce Code. c.' The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines 5 r ~ to be marital, and to set aside to either party that property which the court determines to be the parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, alimony, alimony pendente lite (temporary alimony), equitable distribution, debt allocation, and counsel fees, costs and expenses. 8. CUSTODY: Custody of NICHOLAS S. YEAGY, born February 2, 1996, and JONATHAN D. YEAGY, born December 4, 1997, shall be according to the Temporary Order of Court of July 18, 2005, and any Order which may follow and supersede this Order, Docket Number 2005-3140, Civil Term, in the Court of Common Pleas of Cumberland County. 9. CHILD SUPPORT: Husband and wife presently agree privately as to the amount of Child Support which is paid between them. It is the intention of both Husband and Wife to maintain a private agreement concerning Child Support; both Husband and Wife are aware that each is free to file a petition for Child Support with the Domestic Relations Office where they reside. 10. PERSONAL PROPERTY: Husband and Wife do hereby acknowledge that they will divide the mantal property as of the date of this Agreement, including, but without limitation, jewelry, clothes, furniture and other personalty and hereafter Husband agrees that all the property in the possession of Wife on the date of this Agreement shall be the sole, separate property of the Wife; and Wife agrees that all of the property in the possession of the Husband on the date ofthis 6 , -.......: Agreement shall be the sole, separate property of Husband; irrespective of the foregoing provisions, Husband hereby agrees to set over, transfer and assign all of his right, title and interest to those personal effects and items of personalty that are more fully described in Schedule "A," which has been annexed hereto and made a part hereof and which shall become the sole property of Wife with the right to remove same from the marital premises or from wherever located, and Wife hereby agrees to set over, transfer and assign all of her right, title and interest to those personal effects and items of personalty that are more fully described in Schedule "B" which has been annexed hereto and made a part hereof and which shall become the sole property of Husband. With the exception ofthe following, each of the Parties does hereby specifically waive, release, renounce and forever abandon whatever claims he or she may have with respect to any of the above-items which are the sole and separate property, of the other from the date of execution hereof: 11. AFI'ER-ACOUIRED PERSONAL PROPERTY: Each of the Parties shall hereinafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her after June 17, 2005, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 12. DIVISION OF VEHICLES: With respect to the vehicles owned by one or both of the parties, or the net proceeds or value derived from any prior sale or trade in thereof, they agree as follows: 7 ! --' " .------. The parties each have their own vehicles; Husband owns a 2004 Chevrolet Truck and Wife owns a 2001 Chevy Malibu. The titles or lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the t~ "title" shall be deemed to include "power of attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien or encumbrance the party receiving said vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other part harmless. from said lien or encumbrance. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the tenns of this Paragraph. 13. REAL PROPERTY: Husband and Wife have sold the marital home, located at 15 Sequoia Court, York Springs, York County, Pennsylvania. Husband and Wife have each taken a partial distribution prior to the execution of this document. Husband and Wife hereby agree that the remaining proceeds will be divided as follows: the first $4,370.00 will be paid for the benefit of children's braces, and the remaining proceeds will be distributed 50% to Husband and 50% to Wife, to be distributed within ten (10) business days after the execution of this document. 8 , ~. 14. LIABILITIES: It is further mutually agreed by and between the parties that the debts be paid as follows: A. The Husband shall assume all liability for and pay and indemnify the Wife against any of his individual debts. B. The Wife shall assume all liability for and pay and indemnify the Husband against any of her individual debts. C. The parties agree that there are no other joint debts of the parties. 15. WARRANTY AS TO EXISTING OBLIGATIONS: Each Party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other Party may be responsible or liable except as may be provided for in this Agreement. Each Party agrees to indemnify or hold the other Party hannless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 16. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife each covenant, warrant, represent and agree that each will now and at all times hereafter save hannless and keep the other indemnified from all debts, charges and liabilities incurred by the other after June 17, 2005, except as may be otherwise specifically provided for by the terms of this Agreement and that neither of them shall hereafter incur any liability whatsoever of which the estate of the other may be liable. 9 -,r --.! 17. PENSION. 401(k.) AND OTHER INVESTMENTS: A. Husband agrees to pay to wife thirty thousand dollars ($30,000) as settlement in full of wife's marital portion of Husband's 401(k) retirement account with his employer. Wife releases any and all other right, title and interest therein. B. Husband shall pay $30,000 to wife, as stated above, within sixty (60) days of the execution of this document. C. Husband aclmowledges that wife has a 401(k) account with her employers and surrenders all right, title and~interest therein. 18. OTHER DOCUMENTATION: Wife and Husband covenant and agree that they will forthwith (and within at least twenty (20) days for demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or other such writings as may be necessary or desirable for the proper effectuation of this Agreement in order to carry out fully and effectively the terms of this Agreement. 19. FULL DISCLOSURE: Each party asserts that he or she has made a full and complete disclosure of all of the real and personal property of whatsoever nature and wherever located belonging in any way to either or both of them, of all the debts and encumbrances incurred in any manner whatsoever by either or both of them during the marriage, of all sources and amounts of income of each party, and of every other fact relating in any way to the subject matter of this Agreement. These disclosures are part ofthe consideration made by each party for entering in this Agreement. 10 , --. 20. FEES. COSTS AND EXPENSES: Each party agrees to be solely responsible for her and his respective counsel fees, costs and expenses in negotiating and concluding this Agreement, dissolving their marriage and consummating all provisions of this Agreement. 21. ENTIRE AGREEMENT: This Agreement contains the entire understanding between the Parties. There are no representations, warranties, covenants or undertakings other than as expressly set forth herein. 22. WAIVER OR MODIFICATION TO BE IN WRITING: No modification nor waiver of any of the terms hereof shall be valid unless in writing and signed by both Parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 23. LAW OF PENNSYLVANIA APPLICABLE: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 24. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the Parties hereto and their respective heirs, executors, administrators, 'successors and assigns. 25. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, 11 , --- condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of i any Party to mee! his or her obligations under anyone or more of the paragraphs herein with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining . obligations of the Parties. 26. NO WAIVER OF DEF AUL T: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 27. BREACH: If for any reason either Husband or Wife fails to perform his or her obligations hereunder to the other spouse, and the other spouse incurs any expense hereby (including but not limited to legal fees and costs) in enforcing his or her rights, the non-breaching party shall have the right, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have and the spouse who failed to perform the obligations agrees to indemnify the other spouse and hold him or her harmless from any and all such expenses. 28. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for the convenience of 12 -. reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or effect. ,: '1,1 IN WITNESS WHEREOF, the Parties hereto have set their hands and seals the day and year first above-Mitten. .~WlTNESS: ~/y~ 'k \~~. -<t ~y~:Jt~ (SEAL) (SEAL) 13 COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF DAUPHIN On this, the ;t q+- day of ~~, 2006, before me, a Notary Public in and for said Commonwealth and County, personally appeared Kim A.Yeagy, known to me (or satisfactorily ~ ,~,. J proven) to be the person whosename is subscribed to the within Agreement, and acknowledged that she executed the. same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) NO~~/ COMMONWEALTH OF PENNSYLVANIA NolariaI Seal Johnna J. Kopecl<y, Notary Public Qty Of Harrisburg, Daullhln County ~CorrvnIssion Expires Nov. 19,2007 Member. Pennsylvania Association Of Notaries My Commission Expires: COMMONWEALTH OF PENNSYLVANIA C.u1HStl!.LAAiJi FAA : SS. COUNTY OF-B)~UPJRN On this, the 5 ft day of (JJ~, 2006, before me, a Notary Public in and for said Commonwealth and County, personally appeared Sephen Yeagy, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the pUrposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. '~~/lAU.uJ[}. ~ Notary Public My Commission Expires: (SEAL) .- -- .- COMMONWEALTH OF PENNSYLVANIA NotarIal Sell Frances A. Aumiller. NoIary PubIc South Middleton Twp., CumberIInd ColIlty My CommIsIIion Expires Mar. 16. 2010 Member. Pennsylvania Association at Notaries /" ',' 14 I :'./ ./ '". g ~ ~ c:::;> <= ~ --.I ""'01..1J ::x ~p! r:f1n', > ~'..rt: ::u (]--;\:.- -om C1' :oC? ./,<11'-7 00 ,'" .< --t ,.' )::> .''''''''' :t:JI't ~::d ~~{ , :x ~(-~ >~ - o~ L - ~ -I .::- ~ STEPHEN YEAGY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05-3140 KIM A. YEAGY, Defendant CIVIL ACTION - LAW IN DIVORCE AND CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301( c) of the Divorce Code was filed on June 17,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ofa final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit 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. DATED: -3 -S-u 7 ,;;zf Q Kim A. Yeagy Defendant ~J g ~ ~ 3:: ::It ~.~ ~tJ:J ~ rn :..l.' ~.~ ~S~j c::1' 0:;) :.:< ~. g"T' l<: c.' ~ .. ::n >0 ZO he - om 'j>~ - ~ ~ .' ;;.r;: &" STEPHEN YEAGY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05-3140 KIM A. YEAGY, Defendant : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary . I verify that the statements made in this affidavit 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. DATE ~- ~- D7 LL~ Kim A. Yeagy (/ ~. Defendant ~ ~ Q S ~~. :.c ~. ~ ~i <.n.c ~'Z~ CJ"' c :..::: -" ~-r ~8 ~ -.-31 z' ~?6 5~ - Q - ~ .. ~ &" v ". "-~ STEPHEN YEAGY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05-3140 KIM A. YEAGY, Defendant : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 ( c) of the Divorce Code. 2. Date and manner of service of the complaint: By certified mail on or about June 21. 2005. 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff February 12.2007 by Defendant March 5. 2007 (b)(l) Date of execution ofthe Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in S3301( c) Divorce was filed with the prothonotary: February 27.2007. Date defendant's Waiver of Notice in S3301( c) Divorce was filed with the prothonotary: Simultaneously herewith 'I --., Plaintiff has filed a Waiver of the Notice ofIntention to Request Entry of A Divorce Decree. w. Mark A. Mateya, Esquir P.O. Box 127 Boiling Springs, P A 17007 (717) 241-6500 Attorney for Plaintiff g ~ ~tp zq:\ m~-~: ~~-' ".?:Cl ~() ...-c: Zo ~ ~ ~ ~ ~ ~~ c; ~6 ":.!:'1". ~ ~~ ::::. g :. ~ .s;:- Of. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STEPHEN YEAGY PENNA. STATE OF No. 05-3140 VERSUS KIM A. YEAGY DECREE IN DIVORCE AND NOW,~ z......o 2007 Of. 'Ii Of. 'Ii 'Ii IT IS ORDERED AND STEPHEN YEAGY DECREED THAT , PLAINTIFF, Of. Of. Of. KIM A. YEAGY , DEFENDANT, AND Of. ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; lJo~ Th~ M~rri~g~ SPTTlpmpnt Agrppmpnt ~nTPrpn inTo by qnn hptwppn the parties is incorporated but not merged . t ATTES/J.~L J. _.....::.. ~ PROTHONOTARY Of. ;f. Of. Of. Of. Of. Of. <Ii <Ii if. ;f. if. ;f. if. ~ Ir 1- ~ ry//l. (r7-IC-f: ~ r '? ~ ,(r;/rrr'l Ul.IC'-c . . .. .' ~" '..~' .