HomeMy WebLinkAbout05-3973
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY A. WHITE,
Plaintiff
: NO. 05-- 3973
6;;J ~
v
: CIVIL ACTION
JULIE STEVENS,
: EQUITABLE PARTITION
Defendant
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in
the following pages, you must take action within twenty (20) days after this complaint
and notice are served, by entering a written appearance, personally or by attorney and
filing in writing with the court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested by the plaintiff. You
may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IFYOU CANNOT AFFORD TO HIREA LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 5. BEDFORD STREET
CARLISLE, PA 17013
(717) 249,3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY A. WHITE,
Plaintiff
; NO. 05- 3973 t4.J -rLA.A->
v
: CIVIL ACTION
JULIE STEVENS,
: EQUITABLE PARTITION
Defendant
COMPLAINT FOR EOUITABLE PARTITION OF REAL ESTATE
AND NOW, comes the Plaintiff, Kimberly A. White, by and through her attorney, DIANE
G. RADCLIFF, ESQUIRE, and files this Complaint for Equitable Partition of Real Estate of
which the following is a statement:
1. Plaintiff is Kimberly A. White, an adult individual residing at 1010 Hauck Road,
Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant is Julie Stevens, an adult individual residing at 1624 Green Street,
Harrisburg, Dauphin County, Pennsylvania.
3. Plaintiff and Defendant are the joint owners of certain real estate located in
Cumberland County, Pennsylvania, known and numbered as 1010 Hauck Road,
Mechanicsburg, Cumberland County, PA hereinafter described, (hereinafter
referred to as the "Premises".
4. The parties hold title to the Premises on an equal undivided one half basis as joint
tenants with the right of survivorship.
5. The parties acquired title to Premises by deed from Wilber and Nancy Heiges, and
Irene and Richard Dillahey, dated August 6,2003, and recorded at the Cumberland
County Recorder of Deeds in Deed Book 258, Page 3485, a true and correct copy
of which is attached hereto, marked Exhibit "A" and made a part hereof,
wherein said grantors conveyed:
2
TRACT NO.1
ALL THAT CERTAIN tract of land situate in Monroe Township,
Cumberland County, Pennsylvania, bounded and described according to Lot
Addition Plan of Lots 1-A and 1 O-A for Highfield Estates prepared by Statler-
Brehm, Engineering and Planning Consultants, dated March 3, 1992 and
recorded in Cumberland County Plan Book 64, Page 150, as follows:
BEGINNING at a point at the northeastern corner of land now or
formerly of Glenn Heiges; thence along said land, South 65 degrees 21
minutes 34 seconds West 164.88 feet to an existing iron pin; thence along
the dedicated right of way line of Church Town Road, Pennsylvania 174, on
a line curving to the left having a radius of 3304.46 feet and an arc distance
of 436.03 feet to an existing iron pin; thence along the dedicated right of
way line of Paulus Road, T-542, on a line curving to the right having a
radius of 40.00 feet and an arc distance of 51.38 feet to an existing iron
pin; thence along said Paulus Road, South 06 degrees 46 minutes 41 seconds
East 327.47 feet to an existing iron pin, the point and place of beginning.
BEING Lot 1-A on the Lot Addition Plan of Lots 1-A and 10-A for
Highfield Esttes and containing 0.7416 acres.
UNDER AND SUBJECT to the conditions as set forth on the above
referenced Plan in particular that the within described tract of land shall
be joined into and become part of lands of the Grantees herein described.
TRACT NO.2
ALL THAT CERTAIN lot of ground with the buildings thereon erected
situate in Monroe Township, Cumberland County, Pennsylvania, and
bounded and described as follows, to wit:
BEGINNING at a stone corner of land formerly of George Washington
Souders, now or formerly of William J. Hemphill; thence by the same North
17 degrees West, 12.8 perches to a stone; thence by lands formerly of
3
William Coover's Heirs, now or formerly of said William J. Hemphill, North
62 degrees East, 34.9 perches to a stone; thence by lands formerly of
William Coover's Heirs, now or formerly of George W. Simmons, South 11
degrees East, 6.4 perches to a stone; thence by lands formerly of Samuel
Bishop, now or formerly of Charles H. Sollenberger, South 52 degrees West,
36 perches to the place of beginning, and containing 2 acres, more or less.
6. The Premises are held by the parties under and subject to two certain mortgages:
A. A first with the Principal Residential Mortgage, Ine. Serviced by Mortgage
Electronic Registration Systems, Inc. in the face amount of $123,405.00,
dated August 8, 2003 and recorded in the Office of the Cumberland County
Recorder of Deeds in Mortgage Book 1829, Page 4530, a true and correct
copy of which is attached hereto, marked Exhibit "B" and made a part
hereof. The current balance owed on said mortgage is approximately
$120,500.
B. A second mortgage securing a home equity loan with Pennsylvania State
Employees Credit Union in the face amount of $10,400.00, dated May 10,
2004 and recorded in the Office of the Cumberland County Recorder of
Deeds in Mortgage Book 1883, Page 3069, a true and correct copy of which
is attached hereto, marked Exhibit "e" and made a part hereof. The
current balance owed on said mortgage is approximately $8,500.00.
7. No person other than the parties to this suit has any interest in the Premises.
8. The Premises is presently in the possession of Plaintiff. Defendant moved from
the Premises on or about October 30, 2004, although Defendant has had free and
unimpeded access thereto at all times thereafter.
9. No partition or division of the Premises has ever been made.
10. The parties made the various contributions towards the acquisition and
4
preservation of the property as set forth on the spreadsheet attached hereto,
market Exhibit "0" and made a part hereof.
11. Plaintiff is requests that the property be sold and that the proceeds derived from
said sale be equitably divided between them so as to account for the contributions
each made as referenced in above and set forth on Exhibit "0"
WHEREFORE, Plaintiff prays that this Court order and decree:
A. A partition of the Premises;
B. The Premises be sold by such persons and in such manner as your Honorable
Court may direct;
C. The share or shares to which the respective parties are entitled be
determined after credit or direct consideration is given for the
contributions made towards the acquisition and preservation of the
Premises and be set out to them in severalty and that all property and
necessary conveyances and assurances be executed for carrying such
partition into effect;
C. Such other and further relief be granted as the Court deems just and
proper.
Respectfully submitted,
5
VERIFICATION
I verify that the statements made in the foregoing document are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904, relating to unsworn falsification to authorities.
,J. ~
II. .l.^"l;p~ ~
KIMBERLY A. E
-)/1 'J J O)~
Date:
gJ
l..{ "J'
'138'13 ~
THIS DEED,
Made the L day Of~~3'
BETWEEN WILBUR E. HEIGES and NANCY HEIGES, his wife and
IRENE E. DILLAHEY and RICHARD DILLAHEY, her husband,
of Cumberland County, Pennsylvania, Parties of the First Part, hereinafter designated
as the GRANTORS,
AND
KlMBERL Y A. WHITE, a single person and JULIE C. STEVE~a
single person, as joint tenants with the right of sUlVivorship, of Cumberland
County, Pennsylvania, Parties of the Second Part, hereinafter designated as the
GRANTEES.
WITNESSETH, that the Grantors for and in consideration of ONE HUNDRED
TWENTY-NINE THOUSAND NINE HUNDRED and 001100 ($129,900.00) Dollars, lawful
money of the United States of America, to the Grantors in hand well and truly paid by the Grantees,
at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged
and the Grantors being therewith fully satisfied, do by these presents grant, bargain, sell and convey
unto the Grantees forever.
TRACT NO.1
ALL THAT CERTAIN tract of land situate in Monroe Township, Cumberland
County, Pennsylvania, bounded and described according to Lot Addition Plan of Lots I -A and 10-A
for Highfield Estates prepared by Statler - Brehm, Engineering and Planning Consultants, dated
March 3,1992 and recorded in Cumberland County Plan Book 64, Page 150, as follows:
BEGINNING at a point at the northeastern cornerofland now or formerly of Glenn
Heiges; thence along said land, South 65 degrees 2 I minutes 34 seconds West 164.88 feet to an
existing iron pin; thence along the dedicated right of way line of Church Town Road, Pennsylvania
174, on a line cmving to the left having a radius of3304.46 feet and an arc distance of 436.03 feet
to an existing iron pin; thence along the dedicated right of way line of Paulus Road, T-542, on a line
BOOK 258 PACE3485
curving to the right having a radius of 40.00 feet and an arc distance of 51.38 feet to an existing iron
pin; thence along said Paulus Road, South 06 degrees 46 minutes 41 seconds East 327.47 feet to an
existing iron pin, the point and place of BEGINNING.
BEING Lot I-A on the Lot Addition Plan of Lots I-A and 1 O-A for Highfield Estates
and containing 0.7416 acres.
UNDER AND SUBJECT to the conditions as set forth on the above referenced Plan
- in particular that the within described tract of land shall be joined into and become part of lands
of the Grantees hereinafter described.
BEING THE SAME premises which LawrenceJ. Lahr, WayneE. Statler and
Douglas S. Brehm, tldlb/a Statler and Lam, a Pennsylvania Partnership, by its deed dated August
7, I 992 and recorded September I I, I 992 in the 0 ffice 0 f t he Recorder 0 f Deeds in and for
Cumberland County, Pennsylvania in Deed Book "W", Volume 35, Page 567, granted and conveyed
unto Wilbur E. Heiges and Irene E. Dillahey. Nancy D. Heiges and Richard Dillahey join in this
deed to convey any marital interest they may have acquired and they are together with Wilbur E.
Heiges and Irene E. DiIlahey, collectively the GRANTORS herein.
TRACT NO.2
ALL THAT CERTAIN lot of ground with the buildings thereon erected situate in
Monroe Township, Cumberland County, Pennsylvania, and bounded and described as follows, to
wit:
BEGINNING at a stone corner ofland formerly of George Washington Souders, now
or formerly of William J. Hemphill; thence by the same North seventeen (17) degrees West, twelve
and eight-tenths (12.8) perches to a stone; thence by lands formerly of William Coover's heirs, now
or formerly of said William J. Hemphill, North sixty-two (62) degrees East, thirty-four and
nine-tenths (34.9) perches to a stone; thence by lands formerly of William Coover's Heirs, now or
formerly of George W. Simmons, South eleven degrees East, six and four-tenths (6.4). perches too
a stone; thence by lands formerly of Samuel Bishop, now or formerly of Charles H. Sollenberger,
South fifty-two (52) degrees West, thirty-six (36) perches to the place of beginning, and containing
two (2) acres, more or less.
BEING the same premises which Pearl A. Heiges, widow, by her deed dated October 17,
1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Deed Book "G," Volume 32, Page 142, granted and conveyed unto Wilbur E.
Heiges, married man, and Irene E. Dillahey. Nancy D. Heiges and Richard Dillahey join in this deed
to convey any marital interest they may have acquired and they are the Grantors herein.
800K 258 PACE3486
By the acceptance and the recording of this deed the Grantees acknowledge that Tract No 1
and Tract No.2 described above shall become and be treated as one parcel ofJand and shall not be
separately conveyed or developed absent further subdivision approval.
TOGETHER with all and singular the buildings, improvements, ways, woods,
waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to the same
belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders,
rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate,
right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both
in law and in equity, of, in and to the premises herein described and every part and parcel thereof
with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described
together with the hereditaments and appurtenances unto the Grantees and to the Grantees' proper use
and benefit forever.
AND the Grantors covenant that, except as may be herein set forth, they do and will
forever specially warrant and defend the lands and premises, hereditaments and appurtenances
hereby conveyed, against the Grantors and all other persons lawfully claiming the same or to claim
the same or any part thereof, by, from or under it, them or any of them.
In all references herein to any parties, persons, entities or corporations, the use of any
particular gender or plural or singular number is intended to include the appropriate gender or
number as the text of the within instrument may require.
Wherever in this instrument any party shall be designated or referred to by name or
general reference, such designation is intended to and shall have the same effect as if the words
"heirs, executors, administrators, personal or legal representatives, successors and assigns" had been
inserted after each and every such designation.
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eoo~ 258 PAGE348?
IN WITNESS WHEREOF, the Grantors have hereunto settheir hands and seals the
day and year first above written.
WITNESS:
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Wilbur E. Heiges /
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Nancy Heig
\t,~, t: AjLIJ~d
Irene E. Dillahey /
~W IOd~
Richard DilIahey ~.
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BooR 258 ~AGf348$
COMMONWEALTH OF PENNSYLVANIA, COUNTY OF D~~\....jss.
BE IT REMEMBERED, that on l\~~-t LP ,2003, before me the subscriber
personally appeared Wilbur E. Heiges and Nancy Heiges, husband and wife, known to me (or
satisfactorily proven) to be the persons whose names are subscribed to the within instrument and
acknowledged that they executed the same for the purposes therein contained.
WITNESS my hand and seal the day and year aforesaid.
ublic
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NOTARIAL SEI'.L
JODY GOlDRING, NotalY Public
City of Harllsburg, Dauphin Co., PA
My commission Expires Nov. 03, 2005
COMMONWEALTH OF PENNSYLVANIA, COUNTY OR ~,~ )SS.
BE IT REMEMBERED, that on ~'-""> I".,::,-t ~ I ,2003, before me the subscriber
personally appeared Irene E. Dillahey and Richard DiIlahey, her husband known to me (or
satisfactorily proven) to be the persons whose names are subscribed to the within instrument and
acknowledged that they executed the same for the purposes therein contained.
WITNESS my hand and seal the day and year aforesaid.
NOTARIAL SEAL
~OOY GOLDR/NG, Notary Public
Ily 0/ fI!lrr~b!Jrg, Dauphin Co., PA
My CommISSIon Expires Nov. 03, 2005
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etm~ 258 PAtE3489
I HEREBY CERTIFY that the precise residence of the Grantees is:
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1 Certify this to be recordc
In CUl11berl:1I1d County Pi
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bObK 258 PAGE3490
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Xii Ji' DEEDS
;:LAIID COUIITY-;
~3 AUG lY Af'11138
Prepared By;
Return To:
(."..51,)<:;<
Prene-Ira) R"~ld"l'~'~~ f<\crtg"ge. [ne.
Pu."~~ ..t: Will; Sr,c""t. S'nt" ~012. Vaorh....". NJ 01,1043
Fhcll" Nunl.",::;-, ([!661 2.1.-~,64J
I?nnc),,~l R"~ldent:"l MCl("tg..g., Inc.
cia !'Il'h\,,,t..d Camputcr Svcs
..1S1 \JC- St., UrtHr.riale, J^ ~OJ2J ;.114
ParceJ Number:
ISp>lce Above' Tlili; Lint! For Recording ~tal
MORTGAGE
632363:.-U
MIN 100026600063236355
1!lMlllllllllmIIIlllmlJllllMillllUlIIlIIllIllilfi~111I
1 \ ~ 6));1 (,'J 5
DEFINlTlONS
Words used ill multiple sections of thL'{ document a.re deliucd below and other words are defintd in
SeCtiOllS 3, 11, 13, 18,20 and 21. Certain rules regarding the usage of words used in this document are
al<;o provided in Set:tion 16.
(A) "Security Instrument." means this document, which is dated August 8, 2003
together with aU Riders to this dOCUlllent.
(B) "Borrower" is
Julie C Stevens, an unmarried person, and Kimberly A White, an
unmarried person
Borrower is the mongagor under th.is Security InstnUnent.
(C) u!\.fERS" is Mortgage Electronic Registration SYSleIllS, Inc. MERS is a separate corporation that is
acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee
under" tbis Secudty Instrument. MERS is organized and existing WIder the laws of Delaware, and bas an
address and telephone number of P.O. Box 2026, Plint MI 48501~2026> teL (8gg) 619-MER$.
PENNSYlVANIA. Singltt Fam',ly - Faonie MllltfFreddle MOle UNIFORM INSTRUMENT WITH MERS
Fotm 3039 1101
Vlvl,PMOI1T(lAOEfOflM$
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-/900162\.72'>\
111111~llm~
G-6AIPAllDzo/l1
.
POOijolo/16
09356~l 7
uK \ ii 2 S PG 4 5 3 0
CD) "Lender,tis Pt:incipal Residential Mortgage, Inc.
Lender is a Corpor.3t ion
organized and existing under me laws ot" the State of Iowa
Lender's address is
711 High Street, Des Moines, IA 50392
(E) "Note" mean.<; the prourissory note signed by Borrol.l'cr and dated August B, 2003
The Note states that Borrower owes Lender
One Hundred Twenty Three Thousand Four Hundred 'E'ive and 00/100 Dollars
(US $ 123,405.00 ) plus interest. Borrower has promised to pay chis debt in regular Periodic
Payments and to pay the debt in fuIJ oot later than Sept ember 1, 2033
(F) "Property" rn.e:lIlS me propeny that is described below uud~r the heading "transfer of Rights in the
Property."
(G) "Loan" means the debt evidenced by the Note. plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
on "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders. are to be executed by Borrower [check box as applicable}:
D Adjustabk Rate Rider
D Balloon Rider
o VA Rider
o C.ondominium Rider 0 See-ond Home Rider
o Pla1med Unit Development Rider 0 1-4 Family Rider
o Biwetk]y Payment Rider DOther(s) {specify}
(I) "AppUcallJe Law" llI.eartS all conuoUing applicable federal, state and local statutes, regulations,
ordilUUlces and adminisuative rules and orders (that have the effect of taw) 4S well as all applicable final,
non-appealable judicial opiniollS.
(J) "Community Association Dues, Fees. and Assessments" means all dues, fees, assessments and otber
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or simila.r organization.
(K) "Electronic Funds Transfer" means :ill)' transfer of funds, other than a transOIcUoIl origiIlllted by
check, draft, or similar paper iustrumellt, which is initiated through an electronic terminal, telephonic
insrrument, computer, or mag1\etic tape so as to order, instruct, or authorize a financial institution 00 debit
Of credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated reller
machine transactions, transfers initiated by telephone, wi.re transfers, and automated c1earingnouse
transfers,
(L) "Escrow lt~ms" wean.'\ those items that are described in Section 3.
(M) uMiscenaIleQus Proceeds" tlleans any compensation, settleIllf'nt, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (1)
damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any pan of the
Property; (iii) conveyance in lieu of condelIlllation; Of (iv) misrepresentations Df, or omissions as to, the
value and/or condition of 1he Property.
(N) "Mortgage Insurancel\ means in.surance prowctio.g Lender agaill~t the nonpayment of, or default on,
thcLoan.
(0) "Periodic PaJ'ment" means the re~ularly scheduled amowl( due for 0) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrumetlt.
co -6AIPAi I020~1
.
1'....2QI16
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BK I 8 2 ~ PG 4 53 I
(I') "RESPAIl means the Rea.l Estate Settlement PIOc~dures Act (12 U.S.c. Section 2601 et seq.) and its
imple~llting re~lllation, Regulation X (24 C.F.R. Part 3500), as they might be all11mded from time to
time, or any additioo.:U or successor legislation or regulation that governs the: same subject matter. As used
in this Security Instrument, ~RESPA" refers to all requirements and restrictions that are imposed ill regard
to a "federally related mortgage lOaD" even jf the Loan does not qualify as a "federally related mortgage
loan" under RESP A.
(Q) "Succt'SSor in Interest of Borrower" means any party that has taken title to the Property, whether Of
not that pany bas assumed Borrower's obligations under the Note audJor this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instmment secures to Lender: 0) the repayment of the Loan, and all renewals, extensloilS and
modificaUDll.'\ of the Note; and Oi) the performance of Borrower's covenants and. agreemen~ under this
Security Instrument and the Note. FOI this pU1pOse, Borrower does hereby mortgage, grant and convey to
MERS (solely as nominee for Lender and Lender's su<;:ce;;SOtS and assigns) and to the SUCCesSOTS and
assign.... of MERS, the following described property located in the County {Type of RecorduLI lurisdklionJ
of Cumberland jNKf/lC of RecordiJ1g lurisdictkmJ:
See At tached
which cW"rently bas the addres.<; of
1010 Hauck Road,
Mechanicsburg
("Property Addt~ss");
TOGETHER WITH all the improvements !lQW or hereafter erected on the property, and aU
easements, aPfurtenaDces, and tb:rures now or hereafter a part of the property. All replacements and
additions shal also be covered by this Security Insuument. All oi the foregoing is referred to in this
Security lru;uument as the "Property.." Bo~ower ~rstands and agr~s that MERS bo1ds only legal title
to . the m1ere.'its granted ~y B?ITower in this Secunty Instrument, but, if necessary to .compJy with law or
custom, MERS (as DOJIl11lee for Lender and Lender's successors and asSlgIl$) bas the nght: to exercise any
or all of those inrerests, induding, but not limited to, the right to foreclose and sell the Property' and. to
take any action required of Lender including, but not li.mited to, releasing and canceling this Security
Instrument. AJ
J"'I'oI.~
~-6AlPAl j1)~O~l P'9~'JQI15
[City], Pennsylvania 17055
ISllee:tJ
IZipCoQcl
Form 3039 1101
BK I 82 9 PG 4 532
BORROWER COVENANTS that Borrower i.~ lawfully seised of the estate hereby conveyed and has
the right to mortgage, grarlt aud convey the PropeJty and thlit the Property is uGeocuwbered, c,,-.:ept for
encumbrances of record, Borrower warrautS aad will defend generally the tide tn the Property against all
claim." and demands, subj~ct to any encumbrances of recoId.
THIS SECURITY INSTRUMENT combineli uniform l:Qvemmts for national use and non~uniform
coveuanl<; with limited variacio(JS by jurisdiction to COIl~ticute <l uniform security instrument covering real
property,
UNIFORM COVENANTS. Borrower and lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges. apd Late Charges,
Borrower shall pay wlli:n. due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pmsuant to SeCtiOD 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currenl.:Y. However, if allY check or other instrument rectived by Lender as paymellt UIIder the Note or this
Security JnStruulelH is returned to Lender unpaid, under may require /hat any or all subsequent payments
due under the Note and this Security Imtrument be made lO one or mOre of the following forms, as
selected by Lender: (a) cash; (b) money order; (c) certified chet.k, bank: check, trea..'illrer's check or
cashier's check, provided any such check.: is drawn upon an institution whose deposits are insured by a
federal agency, instromentality, or entity; or (d) Electronic Punds Tran.~fer.
Payments are deemed received by Lender when r<<dved at the location designated in the Note or at
such other location as may be de~1gnated by Lender in 3.l.:corciance with rue notice pro..u.;ons in Section 15.
Lender may return any payment or partial paymem if the payment or partial payments are insufficient to
bring [he Loan current. Lender may accept any payment: or partial payment i1l$Ufficiellt to bring the Loan
current, without waiver of any rights bereunder or prejudice to its rights to refuse such payment or partial
pa.yments in the furore, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as uf its scheduled due date, then Lender need not pay
intere.<;t on unapplied funds, under ul:!Y hGtd such unapplied funds until Borrower makes payment to bring
the Loan current, [( Borrower docs not do so within.a rea.<;onable period of time, Lender shall either apply
such funds Of feturn them to Borrower. If not applied earlier, such funds will be applied to the outstanding
principal balance under the Note immediately prior to foreclosure. No offSet or claim wilicb BDrrawer
might have now or in the future against Lender shall relieve Borrower from making payments due under
the Note and this Security hlstrument or performing the covenants and agreements secured by this Security
In<;trulncnL
2. Application of Payments or Procet'ds. E1.cept as otherwise described in this Section 2, all
pa.ymeuts accepted and applied by LeDder shall he applied in the following order of priority: (3) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3, Such payments
shaH be applied to each. Periodic Payment in the order in which it became due, AllY remaining amounts
shill be applied first to late charges, second to any other amounts due under this Security Instrument, and
then to reduce the principal balatICe of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes. a
sufficient amount to pay any late charge due, the paymctU may be applied to the dellnquent payment and
the hlte charge. If more than one Periodic.: Paymtnt is ollt<;tanding, Lender may apply allY payment received
::~~~:~:o:,o me "payment of we P"io~~.~~~~ot' if, a~""t:.e~tFo~~C:n~~Y~~::
.
RK I 8;'> S Pr, 1+ 5 3 3
cau be paid in full. To the extent Wat any ex.ce$S exists after the payment is applied to the full payment of
one or more Periodic Payments, such excess may be applied to any late cbarges due. Voluntary
prepayments slli1.!l be applied first to any prepayment cha.rge~ and. then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due UIlder
the Note shall not extend. or postpone the due date. or change the amount, of the Periodic Payments.
3. Fuuds for Escrow Items. Borrower sb.a..lJ pay (0 Lender on the day Periodic Payments are due
under the Note, until the Note is paid in fun, a sum (the "Funds") to provide for payment of amounts due
for; (a) taxes and assessments and other items which caD attain priority over this Security Instrument as a
lieu or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; {c)
premiulllS for any and all insurance required by Lender u.ndcr Section 5; and (d) Mortgage [usurance
premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mongage
Insur.lTIce premiums ill accordance with t.he provisions of Section 10. Thes~ items are caUed "Escrow
Items." At origination or at any time during the term of the LDm, Lender may require that Connnunity
Association Dues, Fees. and Assessments, if any, he escrowed by Bonowtr, and sucb aues, fees and
assessments snaH be ao Escrow Item. Borrower shall promptly furnish to under aU notices of amounts to
be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waive...
Borrower's obligatioll tu pay the Funds for any or all Escrow Items. Lender may waive Borrower's
oblig:l.tion to pay to Lender Funds for any or all Escrow Items at :my time. Any ~uch waiver may only be
in writill8. In the event of such waiver, Borrower shall pay directly, when and where payable, the aruount~
due for any Es.;row Items. for which payment of Funds has been waived by Lender and, if Lender requires,
shall furnish to Lellder receipts evidencing such payment within such time period as Leader may require.
Burrower's obligation to make such payment,> and to provide receipts shall for aU purposes be deemed to
be a covenant and ~greement contained in this Security lnSl1UU1eDt. as (he phrase ~covenant and agreemenl"
is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant 10 a waiver, and
&JftQwer fails to pay the amount due for an Escrow hem. Lender may exercise its rights under &:ction 9
and pay such amount and Borrower shall theu be obligated under Section 9 to repay to Lender any such
amounL Lender may revoke the waiver as to any Of all Escrow Items at any tiUlr by a notice given in
accordance with Section 15 and, upon such revoca.tion, Borrower shall pay to Lender an Funds, and in
such amounts, that are then required untkr this Section 3.
Lender may. at any time, conect and hold Funds in an aUlOunt (a) sufficient to permil Lendtr to apply
the Funds at the time specified under RESPA. and (b) not to exceed the maximum amount a lender can
require under RESPA. Lender shall e:;timate the amount of Punds due on the basis of current data and
reasonable estimates of expenditures of future Escrow Item,> or otherwise in accordance witb Applicable
Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency,
instrumentality, or entity (including Lender. if Leader is an institution. whose deposiLs are so insured) or in
any Federal Home Loan Bank. Lender shall apply me Funds to pay the E.'\crow Items no later than the time
specified uncler RESPA. Lender shall not charge Borrower for holding and 3Wlying the Fumls, annually
analyzing the escrow account, or verifying the Escrow Items, unless Lem1er pays Borrower interest on the
Funds and. Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing
or Applicable Law requires interest to be p'.ud on the Punds, Lender shall not be required to pay Borrower
any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest
~ Fo,m3039 1101
0-6AiPAlIO;:OBI
.
Pogolio!U
BK I 8 2 :J PG 4 5 3 4
shall be })<lld on the Fund.~. Leuder shall give to Borrower, without charge, an ann.ual. accounting of the
Funds as required by RESPA.
If there is a sUf?lus of Fund.~ held in escrow, as defined under RESPA, Lender silll1J account to
Borrower for the ~;(ce~s funds in accordance with RESPA. If there is a shortage of Funds held in escrow,
as defmed UI1der RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to
Lender me amount necessary to make up the shortage in accordance with RESPA, but in DO more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to ma..ke
up the deficiency ill accordance with RESPA, but in no more than 12 monthly paymtnts.
Upon payment in full of aU sw:ns secured by this Security Instrument, Lender shall promptly refund
to Borrower any Fuuds held by- Lender.
4. Charges; LieDs. Borrower shall pay all taxes, assessments. charges, tines, and imposition.s
attributable to the Property which can attain priority over this Security Iost:rum.ent, leasehold payments or
ground renes OD the Property, if any, and CollUllWl.ity Association Dues, Pees, and AsSt:ss.rw:nes, if any. To
(he extent that these items are Escrow hems, Borrower shaH pay them in the manner provided in Section 3.
Borrower shall promptly discha.rge any lien which has priority over this Security Instnullent unless
Borrower: (a) aj,,'Tees in writing to the paYllltDt of the obligation secured by the lien in a manner acceptable
to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith
by. or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to
prevent the enforcement of the Hen while those proceedings are pending, but only until such proceedings
are concluded; or (c) seCUJes from the holder of the lien an agreement satisfactot)' to Lender subordinati~
the Hen to this Security Instrum.enc. If Lender determines that any part of the Property is s.ubject to a lien
which can altain priority over this Security Instrument. Lender may give Bot'Iower a notice identifyjng the
lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one Or
more of the actions set fonh a~l\'e in this Section 4.
Lender may require Borrower to pay- a one-time cbarge for a real estate tax verification and/or
reporting service used by Lender in co-rwection with this Llan.
5, Property lnsurn:nce. Borrower shall keep tile improvemtDts now existing or hereafter erected all
the Propen)' insured against loss by fire, hazards included within the tenn ~ell:.tended coverage," and any
other haz.ard~ including, but not limited to, earthquakes and floods, for which Lender requires iosurance.
This insurance shall be maintained In the amounts (including deductible levels) and for the periods that
Lender requiTes. Wbat Lender requires pursuant to the pre~ediug sentences can change durins the term of
the Loan. The insurance carrier providing the iosur.wce sball be ch.osen by Borrower subject to Lender's
right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge fOf flood zone
determination, certification and tracking services; or (b) a one-time charge for flood zone determination
and certitil.:ation services and subsequent charges each time re-mappings or similar changes occur wh1~
reasonably might affect such detenninatioo or certification. Eorrowc:r shall also be tespomible for the
payment of any fees imposed by the Federal Emergency Management Agem::y in connection 'l'lith the
review of any flood wne de1.erminarion resulting from an objection by Borrower.
G.6A\PAl fCI.061
.
Pag. ~ 0/ 16
,~
FClrm 3039 1101
BK I 82 9 PG 4 535
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purctuse any
panicular type or amoUIIl of coverage, Therefore, suth coverage shall cover Lender, but might or might
!lot protect Borwwer, Borrower's equity in the Property, or the contents of the Property, against any risk,
hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower
acknowledges dut the cost of We insurance coverage so obtained might significantly exceed the cost of
iu;;urance that Borrower could have obtai.w:d. Any amounts disbursed by Lender under this Sectioll5 shall
become additional debt of Borrower secured by this Security Inst:rume-nt. These amounts shall bear tnterest
at the Note f'".ne from the date of disburseme-nt and shall be: payable, wjw such intetest, upon notice front
Lender to Borrower requesting paymeu(,
All insurance policies required by Leudet and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall nan~ Lender a~
JlIDrtga.gee and/or as an additiorolloss payee. Lender shall have lhe right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to Lender all receipt.'> of paid premiums and
renewal MUees. If Borrower obtains any fonn of illSurance coverage, nol otherwise required by Lender,
for iliunage to, or destruction of, the Property, such polley shall include a standard mortgage clause and
sha.n name Lender as mortgagee andJor as an additional loss payee.
In the \:ve:llt of loss, Bonower shaH give prompt notice to the insurance carrier and Lendc:r. Lender
may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree
in "Writing, any iusurance proceeds, whether or DOt the underlying insurance was required by Lender, shall
be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is nOllessened. During such repair and r~1oration period, Lender shallluve the rigb.t to
hold sucb. insuraru;e proceeds untit Lender has had an opportunity to inspect such Property to ensure the
work has been completed to Lender's satisfaction. provided that such In,>pectiotl shall be undertaken
promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series
of progress payments as the work is completed, Unless an agreement is made in writing or Applicable Law
requires interest to be paid <lll such insurance proceeds, Lender shall not be required to pay Borrower any
interest Or earnings on su~h proceed:;. Pees for public adjusters. or other third parties, retained by
Borrower shall not be paid out of the insurance proceeds and matI be the sole obligation of Borrower. If
the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance
procec:ds shall be applied to the sums secured by this Security Instrur:uent, whether or POr then. due, with
the excess. if any, paid to Borrower. Such iOS!ll'alUe proceeds shall be applied in the order provided for ill
Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance
claim and related matter.~. rf Borrower does noc respond within 30 days to a notice from Lender that the
in<;urance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-d3.y
period wiU begin wheu the notice is given. In either event, or if Lender acquires the Property under
Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance
proceeds iu an amount not to exceed the amount'; unpaid under the Note or this Set.;urity Instrument, and
(b) any other of Borrower's rights (orner than the right to any refund of unearned premiums paid by
Borrower) undet aU insurance policies covering the Property, insofar a.s such rights are applicable to the
coverage of !.he Pro.pert)'. under may use the insurance proceeds eilher to repair or restore the Property or
to pay amounts unpaid under the Note or this Security Instnunent, wt\eilier or not wen due.
cG\-.sAiPA) wzoel
P"ll..1 Qi 15
""~
FQrrn. 3039 1/01
BX I 8 2 ::l PG 4 5 3 6
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of iliis Set:urity Ins:trulllcnt and &hall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
IJwcrwise agrees in writing, which consent shall uot be llllfeasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and ProtectiOD of the Property; Inspections. Borrower sh.a11 not
destroy, damage or impair !.he Property, allow the Property to deteriorate or commit waste on the
Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in
order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is
ddermined pursuant to Section 5 that repair or restoration is not economicaJly feasible, Borrower shall
promptly repair the Property if damaged to avoid further deterioratioa. or damage. If insurance or
condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower
shall be- responsible for repairill8 or res[.Oring the Propert)' only if Lender lw.s released proclXds for such
purposes. Lender may disburse proceeds for t.he repairs and restoration in a single payment or in 3 series of
progress paymeuts as the work is completed. If the insurance or condemnation proceeds are Dot sufficient
to repair or restore me Property, Borrower is ant relieved of Borrower's obligation fOr the completion of
such repair or restor.atIan,
Lender or its agent. may nuke reasonable entries upon and inspections of the Propeny. If it has
reasonable cause, Lender may inspe~( the interior of the improvements on the Property, Lender sf\aH give
Borrower Ilotice at the time of or prior to such an interior inspection ~Vecifyin,g such reasonable cause.
8. Barrowel"'s Loan Application. Borrower slulJ be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave lIlllterially false, misleading, 01" inaccurate information or statements to Lender
(or failed to provide Lender with material informacion) in cOlll1ection with the Loan. Material
representations include, but are not limited to. representatiDns concerning Borrower's occupancy of the
Property as Borrower's principal resideru:e.
9. Protedion or Lender's Interest in the Property and Rights Under this Seturity Instrument. If
(a) Borrower fails to p't1'fonll the covenantS and agreementS contained in this Security Instrumenr:, (h) there
is a legal proceeding that might significantly affect Lender's interest in the Propertyand/or rights under
this Security Instnuncn! (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement: of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Propeny, then Lender may do and pay for whatever is
reasonable or appropriare to protect Lender's interest in the Property and rights UDder this Security
Instrument, including protecting and/or assessing the value of the Property, and 5ec.:uring and/or repairing
the Property, Lender's actions can include, put are not limited to: (a) paying any sums secured by a lien
which luts priority over this Security Instrument; (b) appearing in coUIt; and (c) paying reasonable
attorneys' fees to protect its interest in the Property andlor rightS under this Security Instrument, including
its secured position in a bankruptcy proceeding. Se,uriug Ute Property includes, but is oot limited to,
entering the Property to make repairs, change locks, replace or board up doors and windows, drain water
from pipes, eJimil11te building or other code violations or dangerous conditions, and have utilities turned
on or off. Although Lender may take action under this Section 9, Lerukr does not have to do so and is; not
ulJ.l.ter 3.1\Y duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any Of all
a.ction:; authorized under this Section 9.
Q.6AIPAJ 10206)
.
f_ao/1B
,o,,,.~
Farm 3039 1/01
8K I 8 2 ::J PG 4 53 7
Any amflunts disbursed by Lender under this Section 9 shall become additional debt of Bonower
secured by this Security Instrument. Tb..ese amounts stull bear interest at die Note rate from the dare of
disbursemeru and shall be payable, with such interest, upon notice from Lender to Borrower requesting
paymenr.
1f this Security lustru.Illent is on a leasehold, Borrower shall comply with all the provisio~ of the
lease, If Borrower acquires fee title (0 the Property, the leasehold and [be fee title shall not merge UIlless
Lender agrees to the mergc:lr in writing.
10. Mortgage Insurance. If Lender required Mortgage lusur-.wce as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason.
the Mortgage Insurance coverage required by under ceases /.0 be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated paymentS
toward the premiums for Mortgage Insurance, Bauower shall pay the pn:miums required to obtain
coverage :mbstamially equivalent to the Mortgage Insurance previously in effect, at a cost substantially
l;quivalent to the cost to Borrower of the Mongage IJL~ancc previously in effect, from 311 aItemate
mortgage ill'iurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is lWt
available, Borrower shall continue to p.ay to Leader the amount of the separately designated paynu=Ul<; that
were due when the insurance coverage: ceased to be in effcr.t. Lender will accept, use and retain these
payments as a non-refundable los.... reserve in lieu of Mortgage Insur.wce, Such loss reserve shall be
non-Jefundable, notwithstmding the fact that the Loan is ultimately paid in full, and Lender shall not be
required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require lo,Ss
reserve paymenIs if Mortgage Insurance coverage (in the <UDOunt and for the period that Lender requires)
provided by an insurer selected by under again becomes available, is obtained, and Leader requires
separately designated payments toward the premiums for Mortgage IllSUTance. If under required Mongage
InsurJ.Dl;e as a condition of making the Loan and :aorrow~ was required to make separately des1g1L1Ced
payments toward the premiums for Mortgage InSUT'cUlCe, Borrower shall pay the premiums required to
maintain Mortgage tru."U.rat1Ce ill effect, or to provide a non~refundable loss reserve, until Lender's
requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and
Lender providing for such termination or until termination is required by Applicable Law. Nothing in this
Section to affects Borrower's obligation to pay interest at the rate provided in f.he Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it
may incur if Borrower does not repay the Loan a$ agreed. Borrower is not a parly to the Mortgage
Insurance.
Mortgage insurers evaluate their total risk all all such insurance in force from time to time, and may
enter Lnto agreements with oilier parties that share or modify their risk, or reduce losses. These agreemenl"
are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to
these agreements. These agreements may require the mortgage insurer to make pa.yments using any source
of funds that the mongage insurer may have available (which may include funds obtrined from Mortgage
Insurance premiums),
As a result of these agreements, Lender, any purcha.ser of the Note, another insu(u, any reinsurer,
any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in
exchange for sharing or modifying the mortgage ill'lUrer'S risk, or reducing losses. If such agreeJllent
provides that an affiliate of Lender takes a share of the insurer's risk in ex:change for a share of the
premiums paid to the in..<;\lrer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay ror
Mortgage Insul'aDce. at' any other terms or the Loan. Such agreements will not incnase the amount
BOfTower will owe for Mortgage lnsurance, and they will pot entitle Borrower to any refund.
o -6A(PAJ (O~oel
~
P....QoI18
,,,..~
Form 3039 1/01
RK I R) Y pr. !. <; '1 Q
(b) Any sucb agreements will not affect the rights Borrower has - if auy - wl.th respect to the
Mortgage Insurance under tbe HonteQwners Protection Act of 1998 or any other law. These rights
may include the right to receive c.eriajll disdosul'"t'S, to request and obtain cancellation or the
Mortgage Insurance, to bave the Mortgage Insurance tenn1nated automaUc:aUy, and/or to receive a
refund of any Mortgage Insurance premiums tbat were unearned at the time of such canceUatiQD or
termtnatleD.
11. Assignment of MisceJlaneous Proceeds; Forfeiture. AU Miscellaneous Proceeds are hereby
a..~signed to and &hall be paid to Lender.
If the Property i::. damaged, such MisceUaru::ous Proceeds shall be applied to restoration or repair of
the Property, if the restnration or repair is economicaUy feasible and Lender's security is not lessened,
During such rep;1il and resloration period, Leader shaH have the right to hold such Miscell.ane.ous Proceeds
until under has had an opportunity to inspect such Property [0 ensure the work has been completed to
Lender's satisfa.:tion, provided that such inspection shall be undertaken promptly. Lender may pay for the
repairs and restoration in a sinl:le disbursement or in a series of progress payments as the work is.
completed. Unless an agreement is made in writing or Applicable Law requires interest 10 be paid on such
Miscdlaneous Proceeds, Lender shall not be required lO pay Borrower any Interest or earnings on such
Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would
be lessened, the Miscellaneous Proceeds slillll be- applied to dIe sums secured by this Security Instrument,
whether or not then dUe, with the excess, if any, paid to Borrower. Such Miscelhmeous Proceeds shaH be
applied in the order provided for in Section 2.
In the event of a total taking, desuuction, or toss in value of the Pmperty. the Miscellaneous
Proceed... shaH be applied to the sums secured by this Sel."Urity Insl.tUJ11f:nt, whether or llDt then du~, with
die excess, if any, paid to Borrower.
In the event of a partial raking, destruction, or loss in value of the PropeIt)' in which the fair tlW"ket
value of the Property immediately before the partial taking, destruction, or loss in value is equal. to Of
greater than me amount of '\he sums secured by this Security Instrument iD1.UlCdiately before the partial
taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sum.t;;
secured by this Security Inst1'lUI1eDt shall be reduced by the amount of the Miscellaneous Proceeds
multiplied by the following traction: (a) the total amount of the sums sa:urcd immediately before the
partial taking, desuuction, OJ: loss in value divided by (b) the fair market value of the Property
iUl.1Jlediately before the partial taking. destruction, or loss in value. Any balance shall be paid to Borrowtl.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market
value of the Property immediately before the partia1laking, destruetion, or loss in value is Ies,''! than the
amount of the suuL.~ secured immediately before the partial taking, destruction, or loss ill 'ValUe, unless
Bonower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums
seCllIed by tbis Security Instrument whether or not the swru; are then. dUe.
If me Property is ahandoned by Borrower, or if, after notice by Lender to Borrower that the
Opposing Party (as defined in the next sentence) offers to make au award to settle a claim for dam.ages,
Borrower fails to te$pOnd to Lender within 30 days after the date the notice is given, Lender is authorized
to -conect aDd apply the Miscellaneous Proceeds either to reswration or repair of the Propeny or to the
sums se-..:ured by thi'j: Security ltlStrument, whether or not then dUe. ~Opposing Party" means the third party
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a righ[ of action in
regard to Misce.llaneous Proceeds.
Borrower shall be in default if any action or preceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result io forfeitUre of the Properly or other materia! impa.lltl'lent of Lender's
interest in the Property or rights: under this SeL-urity Instrull1Cnt. Borrower call cute such a default and, if
acceleration has occurred, reinstate ;15 provided in Sc=ction 19, by causing the al:tioD or proceeding to be
G-6A1PAl 102061
~
P>ge 10 ~f I B
'"".~
Form 3039 1/Q1
RK I B? S Ph li S 1 q
dismissed with a ruling that, in Lender's judgnrn1, precludes forfeirure of the Property or other material
impairmeut of Lender's interest in the Property or rights under this Security In.<;t.nlnIeot. The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
are ht:reby assigned and shall he paid to Lender.
All Mi~cellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied ill the order provided fOf in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortiz.ation of the sums secured by this Security Instmmeru. grant.ed by Lender
to Borrower or any Successor tn Interest of Borrowt:T shall not operate to release the liability of Borrower
or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against
any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify
amortization of the sums secured by this Security Instrument by reason of any demand wade by the original
Borrower or any Successors in Interest of Borrower. Any forbear.:lIlCe by Lender in exercising any right or
remedy including, wichout limitation, Lender'~ acceptance of payments from third persons, entities or
Successors iulnterest of Borrower or in amounts less than the amount theu due, shall not be a waiver of or
preclude the exercise of any right or remedy.
13. Joi.nt aDd Several Llability; Co-signers; Successors and Assigns Bound. Borrower covenants
a.nd agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not eXe1.""Ute the Note (a "co-signer"): (a) is co-signing this
Se(.:unty Instrument only to mortgage, ${<II1t and convey the co-signer's interest in the Property under the
terms ot" this Security In.''tnunent; (b) 1" not personally obligated 1.0 pa.y the sums secured by this Security
InsuumeJlt; and (c) agrees that Lender a1ld any other Borrower can agree to extend, modify, forbear or
make any a.ccommodations with regard to the terms of this Set.'1Uity Instrument or the Note without the
co-signer's consent,
Subject to !be provisions of Section 18, an)' Successor in Interest of Borrower who assumes
Borrower's obligations under this Security In.'\tnunent in writing, and is approved by Lender, shall obtain
all of Borrower's rights and benefits under this Security IIlSl:rurrumt. Borrower shall not be released from
Borrower's abligation.'l and liability under tlLis Security hlStrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in
Section 20) and benetlt the successors and assigll5 of Lender.
14. Loan Charges. Lender may charge Bonower fees for services performed in wnnection with
Borrower's default, for the: purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees. property inspection and valuation fees.
In regard to any other fees, the absence of express authority in this Set..-urity Instrumeut to charge a specific
tee to Borrower shall not be construed as a prohibition on the cbargjng of such fee. Lender may not dultge
f>:es that are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interesf or other toan charges collected or to be collected in conno;tion with the Loan exceed the
permitted limits. then: (a) any ):,"UCh loan charge shall be reduced by the lUllOlWt necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal
owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the
reduction will be treated as a partial prepayment without any prepayment dwgt (whether or not a
prepayment charge is provided for under the Note). Borrower's acceptanCe of any sucb refund made by
direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out
of such overcharge.
1S, Notices. AU notices given by Borrower or Lender in connection with this ~urity Instrwnent
must be in writing. Any notice to Borrower in connecllon with this Secu~.ty Ins nt shall be deemed to
11'''1'.
-'.SAIPA) l0206) f'ogol1 of 18 Form 3039 1/01
8K I 8 2 ~ PG 4 5 4 0
have been given to Borrower when nulled by first class mail or when actually delivered to Borrower',:>
notict: addresi'< if sent by other meaos. Notice to auy Due Borrower shall constitute tlDuce to all Borrowers
unless Applicable Law expressly requires otherwise. The notice address shall be the Prcperty Address
unless Borrower bas designated a substitute notice address by notice to Lender. Borrower shall promptly
notify Lender of Borrower's change of address. If Lender specifies a procedure fOt reporting Borrower's
cbange of address, then Borrower shall only report a change of address through that ~-pecified procedure.
There may be only one designated notice address under this Security IrtStrU.ll1l=nt at anyone time. Any
notlce to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address
stated herein unless Lender has cksiguated another address by notke to Borrower. Any notice iu
connection with this Security InslrUJ.I1eDt shall not be deemed to have been given to Lender until actually
received by Lender. If any notice required by this Security Instrument is also required under Applicable
Law, the Applicable L1W requin:ment will sati..;.fy the corresponding requiretIlL':Dt uoder this Security
Instru.Inent.
16. G<lvernlng Law. Severability; Rules or CllbStructJon. This Security Instrument shall he
governed by federaJ law and the law of the jurisdiction in whicb the Property is located. All rights and
obligations contained in this St-L"'1lrity lllitrUl1lt:nt art subject to any requirements wd limitations o(
Applicahle Law. Applicable L1w mighr ex.plicitly or implicitly allow the parties to agree by contract or it
mighl be silent, but roch silence shall Dot be construed as a prohibition against agreement by contract. In
the event that any provision or clause of this Security Ins/.rUDletlt or the Note conflicts with Applicable
Law, such conflict shall not affect other provisioIl.'l of this Security Instrument or the Note which can be
given effect without the conflicting provision.
As used ill this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of tbe feminine gender; (b) words in the singuJar shall mean and
include the plural and vice versa; and (c) the word "may" gives sole discretion wiOlout any obligation to
take any action.
17. Borrower's Copy. Borrower shall be Biven one copy of the Note and of this Security Instrument.
18. Trapsfe( of the Property or a Beneficial Interest in B0rTower. As used in this Section 18,
"Interest in the Property~ means any legal or beneficial intecrest in the Property, incluwng, but not limited
to, those beneficial interests transferred in a bond f01" deed, contract for deed, installment sales conuact or
escrow agreement, the intent of which is the trmsfet of tille by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or uansferred (or if Borrower
is Dot a natural person and a beneficial interest in Borrower i.s sold or transferred) without Lender's prior
written consent, Lender may require jmmedia~ payment in full of aU sums secured by this. Security
Instrument However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If L.c::nder exercises this option, Lender sh.all give Borrower notice of acce.le:ratiou. The notice shall
provide a period of not less than 30 days from the dare the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security instrument. If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instmmenr without further notice or demand on Borrower.
U. Borrower1s RJght to Reinstat~ After Acceleration. If Borrower meets certain cooditiotlS,
Borrower sball have the right to have enforcement of t:b.is Set-"Unty lnstnuneut discontinued at any time
prior to the earliest of: (a) five days before sale of the Property purSuant to any power of sale contained in
this Security Instrument; (b) such other period as Applicable Law mighr specify for the termioatiou of
Borrower's righl to reinstare; Of (c) entry of a judgment enforcing this Security lostrutIlCnt. Those
conditions are that Borrower; (a) pays Lender all sums which then would be due under this Securily
Ill'itrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or
0-6AlPAJICI.20<l1
~
P~.120'Te
'""-~
Form 3039 1/01
BK 1829PG4541
agreements; (c) pay:> all expelL~es incurred in enforcing this Security 11lStrument, including, but not limited
to, rea..c,onable: attorneys' fees, propmy ill.lipection and valuation fees, and other fees incurred for the
purpose of protecting Lender':; interest in the Propeny 3lld rights under this Security lnstrurnent; and (d)
takes sucb actioIl as Lender may reasonably require to assure that Lender's interest in the Property and
rigbt.~ under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security
IPStru.ment, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and
expenses in one Of more of the following forlI1S, as selected by Leru:ier: (a) cash; (b) money order; (c)
certified t;heek, bank check, treasurer's check or cashier's cbeek, provided any such check is drawn upon
an in$titurion whose deposits are insured by a federal agency, instrument.a.lity or entity; or (d) EI~tronic
Funds Transfer. Upon reinstatement by Borrower, this Security InsOUIDent and obligations secured h.ereby
shall remain tully effective as if no acceleration had occurred. However, this right to reinstate shall DOt
apply in the case of acceleration under Section 18.
20. Sale of Note~ Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in
the Note (together with this St:curity Inst.:rument) can be sold one or mnre times without prior notice to
Burrower. A sale might result jn a change in the entity (known as the "Loan &rvicer") that colle\':ts
Ptnodic Payments due WKkr the Note and this Security Instrument and performs oCher mortji:age loan
servicing obligations under the Note, this Secwity Instrument, and AppLicable Law. There also might be
one or more clunges of the Loan Servicer unrelared to a sale of the Note. If there is a change of the Loan
Servicer, Borrower w111 be given written tlDtice of the change which will stale the name and address of the
n<;w Loan Servicer, the address to which payments should be made and any other information RESPA
requires in connection with a notice of tr.msfer of servicing. If the Note is soJ.d. and thereafter the Loan is
serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations
w Borrower will reUlaiu with the Loan Servicer or be transferred to a suq;essor Loan Servicer and are not
assumed by the Note purchaser uoless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to .any judicial action (as either an
individual litigant or the member of a class) that arises from the other pmy's actions pursuant 10 this
Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by
reason of, this Securit)' instrument, until such Borrower or Lender has notified the ocher party (with such
notice given in compliance with the requirements of Section 15) of snch alleged breach and. afforded the
oilier party bereto a reasonable period after the giving of such notice to take corrective action. If
Applicable Law provides a time period which roust elapse before certain action can be taken, that time
period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and
opportunity to cure given to Borrower pursuant to Section 22 and Ihe notice of acceleration given to
Borwwer pursuant to Section J8 shall be deemtd to satisfy the notice and opportunity to take corrective
action pmvisiom of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous SubstanCes" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gasoline, kerosene, other flammable or toxic peu-olewn products, toxic pesticides
and herbicides, volatile solventS, materials containing asOestos Dr formaldehyde, and radioactive marerials;
(b) "Environmental Law" means federal laws and laws of we jurisdiction where the Property is located that
rdate to health, safety or environ.r.nental protection; (c) "Environmental Ceanup" includes any response
action, remedial action, or removal acuon. as defmed in Environmental Law; and (d) an "Enviromnenial
Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental
Cleanup.
O.6AIPA1102061
~
?....13<>116
'"'"'.~
Form 3039 1/01
BK I 8 2 9 PG 4 5l! ?
Borrower shall oot cause or permit rue presence, use, disposal, storage, or release of any Hazardous
SUbstances, or threateu to release any Hatardous Substances, on Of in the Property. Borrower shall not do.
nor allow anyone else to do, anything affecting the Property {a) that is in violation of any Environmenlal
Law, (b) wttich. creates an environmental Omdition, or (c) which. due to the presence, u..<;e, Of release ofa
Hazardous SubstallCe, creates <I condition iliat adversely aff,cts the value of the Property. The pIe\:.eding
two sentenceS shall not apply to the presence, use, Of Storage on the Property of small quantities of
Hatal"dous Substances that are gertt:laJly recogni.red to be appropriate to normal residen1ia1 uses and to
maintenance of me Property (including, but not limited to, luzardou.''l substances in consumer products).
Borrower shall promptly give Lender written notice of (<!) any investi~aiion, claim, demand, lawsuit
or other action by any goverwnenul O! regulatory ageocr or priyate party mvolving the Property and any
Hazardous Substance or Environmental Law of wInch Borrower has actual knowledge, (b) any
Environmental Condition, including but not limited to, anr .spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condiUOn caused by the presence, use oc release of a
Hazardous Substance which adversely affects !.he value of the Property, If Borrower learns, oc is notified
by any governmental or regulator:y auwori[y, or any private pany, that any removal or other remedmt10D
of any Hauroous Substance affectwg the Property is ~essa1)'. Borrower shaH promptly take all necessary
remedial actious in accordance with Environmental Law. Nothing herein shall create any obligation 011
Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give potice to Borrower prior to acce)er...tioD fonowing
Borrower's breach of any covenant or agreement In this Security Instrumedt (but not friar to
acceleration upder Section 18 unless Applicable Law provides oth('J"Wise). Lender shal notify
Borrower of, among other things: (a) the default; (b) the action required to cure the default; (e) when
the default must be cured; and (d) that fallure to cure the default as specified may result in
acceleration. of the sums se.;:ured by this Security Instrument, foreclosure by judicial proceediog and
sale: or the Property. Lender shall further inform Borrower 01 the right to reinstate after acceleration
and the ri2ht to assert in the foreclosure proceeding the Don-existeoce of a derault or any other
defense of Dorrower to acceIeradoD aud foreclosure. It the default is not cured as specifled, Lender at
its option may require immediate payment in fun of all sums secured by this Security Instrument
without further demaud and may fonclose this Security Instrument by judiciaJ proceeding. Lender
shall be entitled to collect all expeD.StS incurred in pursuing the remedies provided In this Sectlon 22,
includh'g, but not limited to, attorneys' tees and costs or title c'Vidence to the eJ:tent permitted by
AppUcable Law.
23. Release. Upon payment of all sums secured by this Security InstrulIlcnt, this Security Instrument
and the estate cOIweyed shall tenninate and became void. After such occurrence, Lender shall discharge
and satisfy this Security Instrument. Borrower shall p'<1Y any recordation costs, Lendt! may charge
Borrowe[ a fee for releasmg this Security Instrument, but only if the fee is paid to a third party for services
rendered and the charging oillie fee is permitted under Applicable Law.
24. Waivers. Borrower, tJJ the extent peI!Ditted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Secunty Instrument, and hereby waives the benefit of any present or
future laws pIOviding for stay of exeL..-uuon, extension of time, exemption from attachment, levy aad sale,
<!.nd homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one
hour prior to the COIIlII1eucement of bidding at a sheriff's sale or other sale pursuant to this Security
1nstl1lDlent.
26. Purchase Money Mortgage. If auy of the debt secured by this Security [nstnu:nent is lent to
Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time:
u:nderthe NOle.
G-6AIPA1I020el
.
P_14~116
'"",.~
Form 3039 1/01
BK I 8 2 9 PG 4 5 4 3
.....-
Imm\
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Fidelity National Title Insurance
Company of New York
Commitment
SCHEDULE C
Legal Description
TRACT NO.1
ALL THAT CERTAIN tract ofland situate in Monroe Township, Cumberland County,
Pennsylvania, bounded and described according to Lot Addition Plan of Lots I-A and 10-A
for Highfield Estates prepared by Statler - Brehm, Engineering and Planning Consultants,
dated March 3. 1992 and recorded in Cumberland County Plan Book 64, Page 150, as
follows:
BEGINNING at a point at the northeastern corner of land now or formerly of Glenn
Heiges; thence along said land, South 65 degrees 21 minutes 34 seconds West 164.88 feet
to an existing iron pin; thence along the dedicated right of way line of Church Town Road,
Pennsylvania 174, on a line curving to the left having a radius of 3304.46 feet and an arc
distance of 436.03 feet to an existing iron pin; thence along the dedicated right of way line
of Paulus Road, T -542, on a line curving to the right having a radius of 40.00 feet and an
arc distance of 51.38 feet to an existing iron pin; thence along said Paulus Road, South 06
degrees 46 minutes 41 seconds East 32747 feet to an existing iron pin, the point and place
of BEGINNING.
BEING Lot I-A on the Lot Addition Plan of Lots I-A and IO-A for Highfield Estates and
containing 0.7416 acres.
UNDER AND SUBJECT to the conditions as set forth on the above referenced Plan - in
particular that the within described tract of land shall be joined into and become part of
lands of the Grantees hereinafter described.
TRACT NO.2
ALL THAT CERTAIN lot of ground with the buildings thereon erected situate in Monroe
Township, Cumberland County, Pennsylvania, and bounded and described as follows, to
wit:
BEGINNING at a stone comer of land formerly of George Washington Souders, now or
formerly of William J. Hemphill; thence by the same North seventeen (17) degrees West,
twelve and eight-tenths (12.8) perches to a stone; thence by lands formerly of William
Coover's heirs, now or formerly of said William J. Hemphill, North sixty-two (62) degrees
East, thirty-four and nine-tenths (34.9) perches to a stone; thence by lands formerly of
William Coover's Heirs, now or formerly of George W. Simmons, South eleven degrees
East, six and four-tenths (6.4). perches too a stone; thence by lands formerly of Samuel
Bishop, now or formerly of Charles H. Sollenberger, South fifty-two (52) degrees West,
thirty~six (36) perches to the place of beginning, and containing two (2) acres, more or less.
BK J 8 2 9 PG 4 5 4 6
7
,.--....
Fidelity National Title Insurance
Company of New York
Commitment
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BEING THE SAME premises which Wilbur E. Heiges and Nancy Heiges, husband and
wife and Irene E. Dillahey and Richard Dillahey, her husband, by their deed dated the
~ day of JJy~03 and to be recorded simultaneously herewith, granted and conveyed
unto Kimberly A. White, a single person and Julie C. Stevens, a single person,
MORTGAGORS herein.
~K I 82 9 PG 4 54 7
BY SfGNING BELOW, Borrower accepts and. agrees to the terms and covenants contained in this
Security lostrU.!llent and in an)' Rider executed by Borrower and recorded with it.
Witnesses:
Cff
ci-
-~
J~Cq;;:;-.
(Seal)
-Borruwer
J"ii.. C stev..n..
----......
~n~~
(Seal)
.Borrower
(Seal)
.Botrow~r
(Seal)
,Borrower
(Seal)
(Seal)
-Borrower
-Burrower
(Seal)
-Borrower
(Seal)
-BorTQwl.'r
G-6AfPAI [020111
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P<'\jolS"t16
Fo(m 3039 1/01
8K I 8 2 9 PG 4 5 [; [;
Certificate o.r Reside,pce -^ _ J. \
I, C ~ "\"fU\ \...Jt.(' , do hereby certify that
the correl.:t address of the within-named Mortgagee is P.O. Box 2026, Flint, Ml 48501-2026.
Witness my hand this
't)'--'=
day of
A'-'"\~'t ~3
,
tI
----
AgentnfMortgagee
COMMONWEALTH OF PENNSYLVANIA,
On this. the '\)~ day of F\:,-,,--,\ ~-t',
und~rsigned uffi(;~r. per~onally appeared
Julie C Stevens, an unmarr~ed person, and Kimberly A White, an
unmarrled person
-----.0 ~ \-,. , ~
C.:IlfWerlaFlB
County s:s:
JJro':)
, before roe, the
koowu to me (or
satisfactorily proven) to be the p~r:mn(s) whose name(s) .ware subscribed to the within instrument and
acknowledged that..ftcfsftdfuey executed the saute for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My C.ommission Expires:
NOTARIAL SEAL
JODY GllLDRING, Nolary Publk;
CIly 01 HarTlsbutU. Dauphin Co., PA
My CQlM1i",1on Expi'''' No,_ ro, 2005
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Form 3039 1/01
I Certify this to be recorded
In Cumberland County Pi\.
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BK 1829PG4545
.
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[WHEN RECORDED RETURN TO]
NTC -- A TIN: THOMAS TEMPLE
2100 ALT. 19 NORTH
PALM HARBOR, FLORI~34683
PSECM Loan No: 37393 P
IIIIIII~III""~IIIIIOOII~
ROBERT F. ZIEGLER
[:.fGORDER OF DEEDS
C ~! ",' r., en L/:::~ D C O~~ >ITY - ~;\
200~ OCT 7 PPl 2 29
Parcel Number:
22-09-0539-120
Loan #: 37393
! MORTGAGE I
THIS MORTGAGE is made this /0 day of M;;v 2fJfi!j, between the Mortgagor,
,
Kim A White AKA Kimberly A White, Julie C Stevens, , " (herein "Borrower"), and the Mortgagee,
PENNSYLVANIA STATE EMPLOYEES CREDIT UNION, a corporation organized and cxisting under the laws
ofPENNSYL V ANlA, whose address is P.O. Box 67013, Harrishurg, PA 17106-70\3 (herein "Lender").
WHEREAS, Borrower is indebted t~ in the principal sum of U.S. $ 10,400.00 which indebtedness is
evidenced by Borrower's note dated ~ 7fX)fand extensions and renewals thereof (herein ''Note''),
providing for monj installments of principal and interest, with balance of the indebtedness, if not sooner paid,
due and payable 0 1neDI, -;rrJ:f-
,
TO SECURE to Lender the repayment of the indebtedness evidenced by the Note, with interest thereon; the
payment of all other sums, with the interest thereon, advanced in accordance herewith to protect the security of
this Mortgage; and the perfonnance of the covenants and agreements of Borrower herein contained, Borrower
does ~ortgage, grant and convey 10 Lender the following described property located in
(city~lborough) of Monroe ,County of Cumberland , State o[PA known as:
1010 Hauck Road, Mecbanicsburg,PA 17055 which was conveyed to owner by deed dated August 06,2003 ,
and properly recorded in the Office for the R<ocorder of Deeds in said county in Deed Book No. 258 , Page 34&5
or Instrument No. as the Property is described therein (the "Property") and, if this box i5 checked;
IKJ then see Exhibit "A" which more completely describes the PROPERTY, and which is attached hereto and
made a part thereof.
II"'tialtrJ jJ1
Fonn 3839
I PENNSYLVANIA - SECOND MORTGAGE - 1180 - FNMAlFHLMC UNIFORM INSTRUMENT
Page I of 8
BK I 8 8 3 PG 3 06 9
TOGE1HER with all the improvements now or hereafter erected on the property, and all easements,
rights, appurtenances and rents, all ofwmch shall be deemed to be and remain a part of the property covered by
this Mortgage; and all of the foregoing, together with said property (or the leasehold estate jf this Mortgage is on
a leasehold) are herein after referred to as "Property."
Borrower covenants that Borrower is lawfully seized of the estate hereby conveyed and has the right to
mortgage, grant and convey the Property, and the Property is unencumbered, except for encumbtlUlCes of the
record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to encumbrances of record.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal and Interest. Borrower shall promptly pay when due the principal and interest
indebtedness evidenced by the Note and late charges as provided in the Note.
2. Funds for Tans and Insnrance. Subject to applicable law or a written waiver by Lender, Borrower
shall pay to Lender on the day monthly payments of principal and interest are payable under the Note, until the
Note is paid in full, a swn (herein "Funds") equal to one-twelfth of the yearly taxes and assessments (including
condominium and planned unit development assessments, if any) which may attain priority over this Mortgage
and ground rents on the Property, if any, plus one-twelfth of yearly premium installments for hazard insurance,
plus one-twelfth of yearly premium inSlalhnents for mortgage insU!lIIlCe, if any, all as reasonably estimated
initially and from time to time by Lender on the basis of assessments and bills and reasonable estimates thereof.
Borrower shall not be obligated to make such payments of Funds to Lender to the extent that the Borrower
makes such payments to the holder of a prior mortgage or deed of trust is such holder is an institutional lender.
w-!.
Initials: Js.
Page 2 of 8
Form 3839
BK I 8 8 3 PG 3 0 70
If Borrower pays FWl<ls to Lender, the Funds shall be held in an institution the deposits or accounts
of which are insured or guaranteed by a federal Or state agency (including Lender if Lender is such an
institution). Lender shall apply the Funds to pay said taxes, assessments, insurance premiums and ground
rents. Lender may not charge for SO holding and applying the Funds, analyzing said account Or veritYing
and compiling said assessments and bills, unless Lender pays Borrower interest on the Funds and
applicable law permits Lender to make such a charge. Borrower and Lender may agree in writing at the
time of execution of this Mortgage that interest on the Funds shall be paid to Borrower, and unless such
agreement is made or applicable law requires such interest to be paid, Lender shall not be required to pay
Borrower any interest or earnings on the Funds. Lender shall give to Borrower, without charge, an annual
accounting of the Funds showing credits and debits to the Funds and the purpose for which each debit to
the Funds was made. The Funds are pledged as additiowtl security for the sums secured by this Mortgage.
If the amount of the Funds held by Lender, together with the future monthly installments of Funds
payable prior to the due dates of taxes, assessments, insurance premiums and ground rents, sball exceed the
amount required to pay said taxes, assessments, insurance premiums and ground rents as they full due,
such excess shall be, at Borrower's option, either promptly repaid to Borrower or credited to Borrower on
monthly installments of Funds. If the amount of the Funds held by Lender shall not be sufficient to pay
taxes, assessments, insurance premiums and ground rents as they fall due, Borrower shall pay to Lender
any arnoWlt necessary to make up the deficiency in one or more payments as Lender may require.
Upon payment in full of all sums secured by this Mortgage, Lender shall promptly refund to
Borrower any Funds held by Lender. If under paragraph 17 hereof the Property is sold or the Property is
otherwise acquired by Lender, Lender sball apply, no later than immediately prior to the sale of the
Property or its acquisition by Lender, any Funds held by Lender at the time of application as a credit
against the sums secured by this Mortgage.
3. Application or Payments. Unless applicable law provides otherwise, all payments received by
Lender under the Note and paragraphs I and 2 hereof shall be applied by Lender first in payment of
amounts payable to Lender by Borrower under paragraph 2 hereof, then to interest payable on the Note,
and then to the principal of the Note.
4. PIior Mortgages and Deeds of Trust; Charges; Uen.. Borrower shall perform all of Borrower's
obligations under any mortgage, deed of trust or other security agreement with a lien which has priority
over this Mortgage, including Borrower's covenants to make payments when due. Borrower shall payor
cause to be paid all taxes, assessments and other charges, fines and impositions attributable to the Property
which may attain a priority over this Mortgage, and leasehold payments or ground rents, if any.
5. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage," and such
other hazards as Lender may require and in such amounts and for such periods as Lender may require.
The insurance carrier providing the insurance shall be chosen by Borrower subject to approval by
Lender; provided, that such approval shall not be WlIeasonably withheld. All insurance policies and
renewals thereof shall be in a fonn acceptable to Lender and shall indude a standard mortgage clause in
favor of and in a fonn acceptable to Lender. Lender shall have the right to hold the policies and renewals
thereof, subject to the terms of any mortgage, deed of trust or other security agreement with a lien which
has priority over this Mortgage.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender
may make proof of loss if not made promptly by Borrower.
et78(PA) (020S)
~
IMial:s: J.5
PageJ of 8
Form 3839
BK J 8 8 3 PG 3 0 7 I
If the Property is abandoned by Borrower, or if Borrower fails to respond to Lender within 30 days
from the date notice is mailed by Lender to Borrower that the insurance carrier offers to settle a claim for
insurance benefits, Lender is authoriud to collect and apply the insurance proceeds at Lender's option
either to restoration or repair of the Property or to the sums secured by this Mortgage.
6. Preservation and Maintenance of Property; Leaseholds; Condomlnlums; PlllIlIled Unlt
Developments. Borrower shall keep the Property in good repair and shall not commit waste or permit
impairment or deterioration of the Property and shall comply with the provisions of any lease if this
Mortgage is on a leasehold. If this Mortgage is on a nnit in a condominiwn or a planned unit ~e1opment,
Borrower shall perform all of Borrower's obligations under the declaration or covenants creating or
governing the condominiwn or planned nnit development, the by-laws and regulations of the condominium
or planned unit development, and constituent documents.
7. Protection of Lender's Security. If Borrower fails to perform the covenants and agreements
contained in this Mortgage, or if any action or proceeding is commenced which materially affects Lender's
interest in the Property, then Lender, at Lender's option, upon notice to Borrower, may malce such
appearances, disburse such sums, including reasonable attorneys' fees, and take such action as is neces-.ry
to protect Lender's interest. If Lender required mortgage insurance as a condition of making the loan
secured by this Mortgage, Borrower shall pay the premiums required to maintain such insurance in effect
until such time as the requirement for such insurance tenninates in accordance with Borrower's and
Lender's written agreement or applicable law.
Any amounts disbursed by Lender pursuant to this paragraph 7, with interest thereon, at the Note
rate, shall become additional indebtedness of Borrower secured by this Mortgage. Unless Borrower and
Lender agree to other terms of payment, such amounts shall be payable upon notice from Lender to
Borrower requesting payment thereof. Nothing contained in this paragraph 7 shall require Lender to incur
any expense or take any action hereunder.
8. inspection. Lender may make or cause to be made reasonable entries upon and inspections of the
Property, provided that Lender shall give Borrower notice prior to any such inspection specifying
reasonable cause therefor related to Lender's interest in the Property.
9. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in
connection with any condenmation or other taking of the Property, or part thereof, or for conveyance in
lieu of conde:nmation, are hereby assigned and shall be paid to Lender, subject to the tenns of any
mortgage, deerl of trust or other security agreement with a lien which has priority over this Mortgage.
10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Mortgage granted by Lender to any
successor in interest of Borrower shall not operate to release, in any manner, the liability of the original
Borrower and Borrower's successors in interest. Lender shall not be required to connnence proceedings
against such successor or refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Mortgage by reason of any demand made by the original Borrower and Borrower's
successors in interest. Any forbearance by Lender in exercising any right or remedy hereunder, or
otherwise afforded by applicable law, sball not be a waiver of or preclude the exercise of any such right or
remedy.
.ili".~J>
_7e(PA) (11206)
P&ge 4 oj \)
Fonn 3839
BK I 8 8 3 PG 3 0 7 2
11. Successors and Assign. Bound; Joint and Several Liability; Co-.ignerw. The covenants and
agreements herein contained shall bind, and the rights hereunder shall inure to, the respective successors
and assigns of Lender and Borrower, subject to the provisions of paragraph 16 hereof. All covenants and
agreements of Borrower shall be joint and several. Any Borrower who co-signs this Mortgage, but does
not execute the Note, (a) is co-signing this Mortgage only to mortgage, grant and convey that Borrower's
interest in the Property to Lender under the terms ofthi. Mortgage, (b) is not personally liable on the Note
or under this Mortgage, and (c) agrees that Lender and any other Borrower hereunder may agree to extend,
modify, forbear, or make any other accommodations with regard to the terms of this Mortgage or the Note
without that Borrower's consent and without releasing that Borrower or modifying this Mongage as to that
Borrower's interest in the Property.
12. Notice. Except for any notice required under applicable law to be given in another manner, (a)
any notice to Borrower provided for in this Mortgage shall be given by delivering it or by mailing such
notice by certified mail addressed to Borrower at the Property Address or at such other address as
Borrower may designate by notice to Lender as provided herein, and (b) any notice to Lender shall be
given by certified mail to Lender's address staled herein or to such other address as Lender may designate
by notice to Borrower as provided herein. Any notice provided for in this Mongage shall be deemed to
have been given to Borrower or Lender when given in the manner designated herein.
13. Governing Law; Severability. The state and local laws applicable to this Mortgage shall be the
laws of the jurisdiction in which the Property is located. The foregoing sentence shall not limit the
applicability of federal law to this Mortgage. In the event that any provision or clause of this Mortgage or
the Note conflicts with applicable law, such conflict shall not affect other provisions of this Mortgage or
the Note which can be given effect without the conflicting provision, and to this end the provisions of this
Mortgage and the Note are declared to be severable, As used herein, "costs, II Ilexpenses" and "attorneys'
fees" include all swns to the extent not prohibited by applicable law or limited herein.
14. Borrower', Copy. Borrower shall be furnished a conformed copy of the Note and of this
Mortgage at the time of execution or after recordation hereof.
15. Rehabilitation Loan Agreement. Borrower shall fulfill all of Borrower's obligations under any
home rehabilitation, improvement, repair. or other loan agreement which Borrower enters into with
Lender. Lender, at Lender's option, may require Borrower to execute and deliver to Lender, in a form
acceptable to Lender, an assignment of any rights, claims or defenses which Borrower may have against
parties who supply labor, materials or services in connection with improvements made to the Property.
16. Tran.fer of the Property or a Beneficial Interest in Borrower. If all or any part of the Properly
or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and
Borrower is not a natural person) without Lender's prior written consent, Lender may. at its option,
require immediate payment in full of all SUIl1S secured hy this Mortgage. However, this option shall not be
exercised by Lender if exercise is prohibited by federal law as of the date of this Mongage.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is delivered or mailed within which
Borrower must pay all swns secured by this Mongage. If Borrower fails to pay these sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Mortgage without further
notice or demand on Borrower.
_16(PA) (020"
..
f'~.5Qf8
,""Gny J>
Form 3839
BK I 8 8 3 PG 3 0 7 3
. . ,
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
17. Acceleration; Remedies. Upon Borrower's breach of any covenant or agreement of Borrower
in tbls Mortgage, including the covenants to pay when due any sums secured by this Mortgage,
Lender prior to acceleration shall give notice to Borrower as provided by applicable law specll'ylng,
among otber tblng.1: (1) the breach; (2) the action required to cure such breach; (3) a date, not less
tban 30 days from tbe 112te tbe notice Is mailed to Borrower, by whicb such breach must be cured;
and (4) that failure to cure such breach on or before the date spedfted In tbe notice may result in
acceleration of tbe .ums .ecured by lbIs Mortpge, foreclosure by Judicial proceeding, aDd sale of the
Property. The notice .ball furtber Inform Borrower of the rlghtto rein.tate after acceleration and tbe
right to assert In the foreclo.ure ProceedJlII the nonexistence of a default or aDY other defense of
Borrower to acceleration and foreclosure. If the breacb I. not cured on or before the date speelfted In
tbe notice, Lender, at Lender'. option, may declare all of tbe .ums secured by thl. Mortgage to be
Immediately due and payable without further demand aDd may foreclooe tbi. Mortgage by judicial
proceedlng. Lender sbaU be entitled to collect In such proceeding all expenses of foreclosure,
Inelndlng, but not limited to, reasonable attorneys' fees, and co.ts of documentary evidence,
abstracts and title reports.
18. Borrower's Rlgbt to Reinstate. Notwithstanding Lender's """eleration of the sums secured by
this Mortgage due to Borrower's breach, Borrower shall have the right to have any proceedings begun by
Lender to enforce this Mortgage discontinued at any time prior to at least one hour before the
commencement of bidding at a sheriffs sale or other sale pursuant to this Mortgage if: (a) Borrower pays
Lender all sums which would be then due WIder Uris Mortgage and the Note bad no acceleration occurred;
(b) Borrower cures all breaches of any other covenants or agreements of Borrower contained in this
Mortgage; (c) Borrower pays all reasonable expenses incurred by Lender in enforcing the covenants and
agreements of Borrower contained in this Mortgage and in enforcing Lender's remedies as provided in
paragraph 17 hereof, including, but Dot limited to, reasonable attorneys' fees; and (d) Borrower takes such
action as Lender may reasonably require to assure that the lien of this Mortgage, Lender's interest in the
Property and Borrower's obligation to pay the sums secured by this Mortgage shall continue unimpaired.
Upon such payment and cure by Borrower, this Mortgage and the obligations secured hereby shall remain
in full force and effect as if no acceleration had occurred.
19. Assignment of Rents; Appointment of Receiver; Lender in Possession. As additional security
hereunder, Borrower hereby assigns to Lender the rents of the Property. provided that Borrnwer shall,
prior to acceleration under paragraph 17 hereof or abandonment of the Property, have the right to collect
and retain such rents as they become due and payable.
Upon acceleration under paragraph 17 hereof or abandonment of the Property, Lender, in person, by
agent Or by judicially appointed receiver shall be entitled to enter upon. take possession of and manage the
Property and to collect the rents of the Property including those past due. All rents collected by Lender or
the receiver shall be applied first to payment of the costs of management of the Property and collection of
rents, including. but not limited to, receiver's fees, premiums on receiver's bond and reasonable attorneys'
fees. and then to the sums secured by this Mortgage. Lender and the receiver shall be liable to account
only for those rents actualJy received.
20. Rclease. Upon payment of all swns secured by this Mortgage, Lender shall diseharge this
Mortgage without charge to Borrower. Borrower shall pay all costs of recordation, if any.
21. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate stated in the Note.
ICJ-l
Cllllt:76{PA} ('J20tl}
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P80e6of8
Inijlol.; J~
Fonn 3839
BK I 8 83 PG 3 0 74
REQUEST FOR NOTICE OF DEF AUL T
AND FORECLOSURE UNDER SUPERIOR
MORTGAGES OR DEEDS OF TRUST
Borrower and Lender request the holder of any mortgage, deed of trust or other encwnbrance with a lien
which has priority over this Mortgage to give Notice to Lender, at Lenders address set forth on page one of this
Mortgage, of any default under the superior encwnbrance and of any sale or other foreclosure action.
IN WITNESS WHEREOF, Borrower bas executed this Mortgage.
Witnesses: H A - )
~: #1f1- j}J1 ~ ("'o..q"" ~LN.
Kim A White AKA Kimberly A White
, Jd.; C SftJi- -
(Seal)
-Borrower
(Seal)
-lWrrower
Julie C Sleveus
(Seal)
-Borrower
(Seal)
.BolTOwer
(Sign Original Only)
COMMONWEALTH OF PENNSYLVANIA, C' L~DI1 JIG ,.-y;l Cuuutyss.
On this, the 10 day of
_ ~,jJ '/.. .Jh J" j-jJM)
Sito.ture ofNot...y Public
YYlat
, .4M4 ,before me,
the undersigned officer, personally appeared
Kim A While AKA Kimberly A White, Julie C Stevens known to me (or satisfactorily proven) to be the
person(s) whose name(s) 0'\ 0 _ subscribed to the within instrument and acknowledged that
~)J, executed the same for the purposes herein contained.
\
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
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Slgnatun of Notal')' PubUe
Notary Rubber Stamp Seal
NDTARIAL SEAL
GAIL P. STRICKLER. Notary Public
Silver Spring lWp., ClJmberland County
My Commission Expires Feb. 3, 2007
Page 1 of8
Form 3839
BK I 8 8 3 PG 3 0 7 5
Certificate of Residence
I,0adt N. H-CJfm , do hereby certify that the correctaddre.. of the within-named
Lender i. P.O. Box 67013, Harrisburg, P A 17106-7013.
Witness my hand this 17 day of MOJ1/ . 200e.! .
r t7 n r{r;j~
Pag~ g of8
BK I 8 8 3 PG 3 0 7 6
Agem of Lender
Form 3839
EXHIBIT A
TR.--.CT NO..1
ALL THAT CEIlTAlN trlct 0' !sod situate in Monroe TCIWIlShip, Cumhe,danrl
County, Peunsyl:vania, bounded. and d=ribod sccordlngto tolAdditiOll Pl2n ofLolS I-A ond [a-A
for Highfield ESlates prepsrod by Statler . Brehm, En~g and P1~ CC1!l$llllantt, dated
Match 3, 1992 and yccankd in Cmnberlmd County P1,." BOok 64, Page 1:50, as fuUaws:
BEGINNING at . point at the nonhea.rtem corner ofland now or formerly of Glam
Hei,ges; th= along said JorA South 65 degreCli 21 minutes 34 .o<:on.d!I W~ 164.88 [_ to Jt1
exioti1lg inm pin; tlIem:e along tho derlicatc<i right of wo.y HIle of Church Town:Road, PeansylVlllli..
114, 01l 0. line cuxving to the Idl: laving il. ndiul: of 3304.46 feet md o.n 01<: "iat-"'" of 4~.03 :fed
10 an e::<iGring iron pin; then"" olong!he de<licated right ",fway line of Paulus Road, T- 542, OIl " line
curvmg to the tight l:1aviJlgll fWU. of 40.00 feet Illld an lite di!t:lllce of 51.38 feet to an exisliIlg iron
pin; thence along said PaulUG Road, South 06 degreell46 min~ 41 oeetmds Bast 3).1.47 f"et to an
existiog iron pin, the point mul pbce of BEGINNING.
BEINGLm [-A on theLotAdditionPlanofLots l-Aand 10-AtbrHighfieldEst:lres
:rod containing 0.7-416 acres.
UNDERAND SUBJECT to the conrlitions as set forth on the .bove,e:fr:wncalP!;m
- in particular that the within de=ibcd tract of l:lnd WU be joined mID and become pllrt oflaoW
of the Granl<es hct:in.afte..- d...cnbed.
BEING THE SAMEprerniseswhichL"W)"CDCe], Llllu-, WaymE. Statlernnd
Doaglas S. Brehm, t1d1bfa Statler and Lahr,,, Pennsytvacia P1lltner!hip, by Its deed dated August
7, t 992 .nd re<orrled S cpt<m1ber 11, t 992 in t he 0 ffice 0 fthe It ecor-der 0 fDeed:'! in aruI for
Curnbcr!and County, PenmylvlllliainDeedBook "'W", Volume 15, Page 567, granted:md conveyed
unto Wilbur E. H.eiges and Irene E. Dil1ahey. Nancy D. B:ciac> and:Rlchard lJillabllyjoin in !hill
deed to convey any marital interest 1lley may have SCl[uired and they are tcgc:lbcr wirI:1 Wilbllf' E.
Heiges and Irene E. Dillahcy. colkcnvdy 1lle GRANTORS hct>oin.
TRACT NO. :1
ALL TlMT CEJl.T AIN lot of ground with lbc buildings tI\crron =to<! .itu.1b: in
Mo'ilroe TOW1l'lhip, Cumberland o,untY. Penn$Y[vania, lltld bounded and deacri.lled as follawo. to
wit:
BEGINNING at astollecomerofJand1annerlyofC-=rge Washington Sou.den;, now
or formerly ofWUliam J. Hemphill; tllence by the aam~ North seventeen (i 7) dqrees We:st, twd-vo
and eight-tenths (12.8) perth.. to a sloDr:; th=.. e by ~ lb':l'5\,Y ofWillilllI1 Coo-'a.heir.l, now
or fotlflcrly of said William J. Hemphill, North alny-tV,O,;'{I.ft) degrees &st, thirty-fuur 2nd
nm....be!1tlul (34.9) pc:tc~ loa st4nc; thence by Iazuls fDnDcrly ofWilliau Coover'. Heirs, no'" or
formerly of George W. Simmon.., SoU'lh c!CV<<tl dlO~!!a&t, six and Cow--teoths (6.4). pertlW:s too
" stolle; tb= by 12.llds fonncr1y of SWI1CI BUbop, now ot Wrmeriy afCharles R Sollenberger,
. Saulll fifty-two (52} degrees W~, thirty-six (36} pIIrC!les to thepl""e ofbegiDning, and C<'IIltzining
two (2) acres, nwre or [ess.
BEING the Sl1mO premis.. which Pearl A. Heig:s, widow, by bel' deed dal:ed Ocrob... 17,
1986, :md reeorUoa. in the Office of the Rcco,:d.,. of Deeds in aIld for Cumlnlrlmd County,
l'ermsy!vania, in Det!d Book "G.~ Volume 32, ~e [42, aranted and can"")'Cd un1D Wilbur E.
Heiges, mlllried=, :uJd lxeneE. Dillahey. N*"")' D. HSPf aad Riclw:d Dillabey joizJ in l'nis dt=I
to convey:my marital in~."t they may lI.ave acquired a:nd they .,." lhe Gnmtors herein.
BK I 8 8 3 PG 3 0 7 7
1 Kim White vs. Julie Stevens
Real Estate Contributions
2 Down payment from prior home (Julie) 10,000.00
3 Citmortgage mortgage payments 5,718.00
10.1.03-4.31.04 = 6 mo @ 953/mo (Kim)
4 Citmortgage mortgage payments 16,748.06
4.1.04-8.31.05 =17 mo @ 985.18/mo (Kim)
5 PSECU Home Equity loan payments 2,814.00
7.1.04-8.31.05 = 14 mo @ 201 Imo (Kim)
6 Furnace Repairs 2.4.05 (Kim) 617.00
7 Kitchen Sink Repairs 4.21.05 (Kim) 242.21
8 Front Door Trim from New Carpet 4.21.05 (Kim) 95.40
9 Walmart-Mailbox post (Kim's charge) 19.97
10 Home Depot-New knobs for kitchen, garage door 136.75
strips, jig saw blades which are now gone(Kim's
Charge)
11 Lowes-Fencing materials (Kim's charge) 109.23
12 Lowes-Landscaping lights, bathtub parts/repairs, new 97.66
toilet seat (Kim's charge)
13 Lowes-Paint for kitchen (Kim) 26.47
14 Ollies-Landscaping for house 24.94
15 Ashcombe Farms-Landscaping for house 122.72
16 Total Real Estate Contribution Adjustments 26,234.67 10,000.00
Sum of Lines 2-15
12
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
KIMBERLY A. WHITE,
Plaintiff
no. 05-3973 Civil Term
V.
CIVIL ACTION
JULIE STEVENS,
EQUITP,BLE DISTRIBUTION
Defendant
DEFENDANT'S REQUEST FOR EXTENSION OF TIME
TO RESPONSE TO DEFENDANT' S ~INT
AND NOW, comes the Defendant, Julie Stevens to request the following:
Defendant received Plaintiff's Complaint on or about August 18, 2005.
Plaintiff has had one meeting with her attorney, James M. Bach,
Esquire on or about August 25, 2005.
Defendant's attorney is on vacation until approximately September
9, 2005.
Defendant intends to file a response to Plaintiff's Complaint but
needs additional time to be able to confer with counsel in this matter.
WHEREFORE, the Defendant respectfully requests that this Honorable
Court grant an extension of time of ten (10) days from the date of
signing the attached Order to allow Defendant sufficient time to prepare
a response.
Respectfully submitted,
JJ:pcS~
Julie C. Stev,ens, Defendant
1624 Green Street
Harrisburg, PA 17102
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
KIMBERLY A. WHITE,
Plaintiff
no. 05-3973 Civil Term
V.
CIVIL ACTION
JULIE STEVENS,
EQUIT1,BLE DISTRIBUTION
Defendant
CERTIFICATE OF SERVICE
The Defendant, Julie Stevens, certified that a true and correct copy of
the Defendant's Request for Extension of Time to Respond to Plaintiff's
Complaint was mailed on today's date, September 6, 2005, via First Class
Mail, postage paid to the following:
Diane G. Radcliff( Esquire
3448 Trindle Road
Camp Hill, PA 170211
)~t
Julie Stevens
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~lECEIVED SEP 08 Z005
1
IN TH8 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
KIMBERLY A. WHITE,
Plaintiff
no. 05-3973 Civil Term
V.
CIVIL ACTION
JULIE STEVENS,
EQUITABLE DISTRIBUTION
Defendant
ORDER
AND NOW, this l~ day of September, 2005, it is hereby ORDERED and
DECREED that the Defendant's Request for extension of time is hereby
'2 '5 , 2005, in
~/
GRANTED and the Defendant shall have until September
which to respond to Plaintiff's Complaint.
J.
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2Qn~ Sf e
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
KIMBERLY A. WHITE,
Plaintiff
no. 05-3973 Civil Term
V.
CIVIL ACTION
JULIE STEVENS,
EQUITABLE DISTRIBUTION
Defendant
NOTICE
You have been sued in court. If you wish to defend
against the claims set forth in the following pages, you
must take action within twenty (20) days after this New
Matter and Notice are served, by entering a written
appearance, personally or by attorney and filing in writing
with the Court your defenses or objections to the claims
set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may
be entered against you by the Court without further notice
for any money claimed in the Complaint or for any other
claim or relief requested by the Defendant. You may lose
money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE
OFFICE SET FOTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH
INFORMATION ABOUT HIRIING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS
OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS
AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD STREET
CARLISLE, PA 17013
(717)249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
KIMBERLY A. WHITE,
Plaintiff
no. 05-3973 Civil Term
V.
CIVIL ACTION
JULIE STEVENS,
EQUITABLE DISTRIBUTION
Defendant
DEFENDANT'S ANSWER AND NEW MATTER TO PLAINTIFF'S COMPLAINT FOR
EQUITABLE PARTITION OF REAL ESTATE
AND NOW, comes the Defendant, Julie C. Stevens, by and
through her attorney, James M. Bach, Esquire, and files this
Answer and New Matter to Plaintiff's Complaint for Equitable
partition of Real Estate as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5 . Admi tted.
6. Admitted in part and denied in part. It is admitted that
two mortgages were taken out on the property. Defendant agrees
that the loan referenced in paragraph 6, section A is true and
correct. However, it is denied that Section B of paragraph 6,
be used in the calculation of equitable distribution. The
balance of $8,500.00 was used to purchase bedroom furniture and
2
as payment on the outstanding balance for the 1992 Toyota pick
up truck, both of which are in the possession, and have been in
the possession of the Plaintiff, but are jointly owned by the
plaintiff and the Defendant.
7. Admitted.
8.
Admitted in part and denied in part.
It is admitted that
Plaintiff is presently in the possession of the Premises.
It is
also admitted that the Defendant moved from the Premises on or
about October 30 2004, at the request of the Plaintiff.
It is
denied that the Defendant has had unimpeded access to the
Premises at all times thereafter. To the contrary, the
Plaintiff changed the locks on said Premises on or about
December 1, 2004, thereby excluding Defendant from the Premises,
which is jointly owned by the Plaintiff and the Defendant. In
addition, Defendant attempted to remove personal belongings on
June 1, 2005, and was physically abused and assaulted by the
Plaintiff. As evidence thereof, please see Incident
Investigation Form, dated June 1, 2005, attached hereto and
marked Exhibit "A".
As a further attempt by the Plaintiff to exclude the
Defendant's access to the premises, the Plaintiff filed a
Protection from Abuse Order ("PFA"), dated July 20, 2005,
attached hereto and marked Exhibit "B". The PFA was later
dismissed by Judge Guido on July 29, 2005, by Court Order.
Please see Defendant's Exhibit attached hereto and marked
3
Exhibit "C".
In addition, Defendant has requested return of property and
plaintiff has refused Defendant's numerous requests.
Please see
Defendant's Exhibit "D", attached hereto, which includes several
emails between Defendant and plaintiff concerning return of
property and the sale and listing of said premises.
9. Admitted.
10. Admitted in part and denied in part. It is admitted that
the parties have made various contributions towards the
acquisition and preservation of the property. However,
Defendant denies that the spreadsheet attached to Plaintiff's
Complaint and marked Exhibit "D" is accurate, true and correct.
Defendant believes, and avers, that the equitable distribution
for the Defendant would be more fairly represented as set forth
on Defendant's Exhibit, "Contributions to 1010 Hauck Road",
attached hereto and marked Exhibit "E".
In addition, it was the
agreement between said parties that the Plaintiff would pay the
mortgage on said premises and Defendant would pay all utilities,
groceries, entertainment expenses and other miscellaneous
expenses to the benefit of both parties.
11. Denied. Defendant requests that the Premises be sold and
that the proceeds derived from said sale be equitably
distributed between the parties based on contributions made by
the Defendant as referenced in Exhibit "E" of Defendant's Answer
and New Matter to Plaintiff's Complaint.
4
NEW MATTER
12. On or about December 1, 2004, plaintiff changed the locks
on the premises thereby excluding the Defendant therefrom.
Defendant has been without beneficial use and enjoyment of the
premises. The Defendant has been joint-owner since July 2003.
Defendant requests reasonable rental value in the amount of Six
Hundred Dollars ($600.00) per month, from December 2004 through
the termination of Plaintiff's residence.
13. During the time Plaintiff and Defendant were together, the
Defendant made numerous payments to the plaintiff along with
several payments on Plaintiff's school loans and other credit
card debts. It was the agreement between the parties that the
Plaintiff would pay the Defendant when Plaintiff was gainfully
employed after finishing nursing school. Plaintiff agreed to
pay Defendant with a tuition reimbursement that Plaintiff
received from her employer. Attached hereto and marked Exhibit
"E" are Defendant's payments to the Plaintiff. The plaintiff
has made no such payments or reimbursements to the Defendant.
14. plaintiff is in possession of numerous items of personal
property of the Defendant.
please see Defendant's Exhibit
marked "F" and attached hereto.
15. Defendant secured financing in the amount of $6,150 with
Members 1st Feu for a 1995 Volvo for the Plaintiff's use and
benefit. The use of the 1992 Toyota Pickup Truck, which is
jointly titled and registered, was to become the Defendant's.
5
On or about December 20, 2004 the Plaintiff removed the Toyota
Truck from the Defendant's place of business without Defendant's
knowledge. The 1995 Volvo was left in the parking lot with a
dead battery and other mechanical problems that were directly
caused by the Plaintiff's negligence. Plaintiff now enjoys
benefit and use of the truck, while Defendant must now satisfy
the debt for the Volvo.
WHEREFORE, the Defendant prays that this Court order a sale and
partition of the real estate and the distribution of net
proceeds as requested by the Defendant in the attached and
marked hereto Exhibit "H", and such other further relief as this
Court deems necessary, just, proper and appropriate.
Respectfully submitted,
_ )Ji C. S~/
-
Julie c. Stevens, Defendant pro se
1624 Green Street
Harrisburg, PA 17102
6
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY A. WHITE,
Plaintiff
no. 05-3973 Civil Term
V.
CIVIL ACTION
JULIE STEVENS,
EQUITABLE DISTRIBUTION
Defendant
CERTrFrCATE OF SERVrCE
On this 23rd day of September, 2005, a true and correct
copy of Defendant's Answer to Plaintiff's Complaint and New
Matter was mailed, First Class, postage prepaid to the
following:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
.)~c.~
Julie C. Stevens, Defendant, pro se
Dated:
9~31()[;
I (
7
E~HI6,r .. Ate
SP 7-D04A(5-2002)
-
PENNSYLVANIA STATE POLICE
VICTIMIWITNESS ASSISTANCE GUIDE
RIGHTS AND SERVICES
AVAILABLE TO VICTIMS OF
CRIME IN PENNSYLVANIA
~\'lSYLV4~
~~~E POJ./C'/.::/
~ ~
.
TROOPER
INCIDENT INVESTIGATION INFORMATION
1,INCIDENT NO,
/t'Ot?-. -/~8~$-/'"
3. NATURE OF INCIDENT
~/~""~ E
4,lNVESTIGATOR
5. BADGE NO,
/~/Dl:.
6, STATION
?"""P1f' /vE~Ef
C""If"~/f'E 7;7-:2$"9- .//.1/
SHOULD YOU OBTAIN ANY INFORMATION WHICH WOULD AID OR RELATE TO AN
INVESTIGATION, IF YOU HAVE BEEN INTIMIDATED OR THREATENED AS A RESULT
OF AN INVESTIGATION, OR IF YOU HAVE ANY QUESTIONS, PLEASE CONTACT THE
STATION AT THE TELEPHONE NUMBER SHOWN ABOVE.
E~M191f"g ..
ftiIW
MidPenn Legal Services
h Irvine Row, Carlisle, PA 17013
Phont.' 717-:2'13-CJ40(l -1-800-S22-S288 FAX 717-243-8026
wVlIVI'.midpcnn.org
July 21, 2005
Julie C. Stevens
1624 Green Street
Harrisburg P A 17102
Re: White v Stevens
05-3685 Civil Tenn
PROTECTION FROM ABUSE
Dear Ms. Stevens:
A Petition for Protection from Abuse has been filed against you and a
hearing has been set. The Petition and Hearing Notice are attached to this
letter. You have the right to attend this hearing and present any relevant
evidence. Many defendants choose to avoid a hearing by consenting to an
Order being entered by the Court. When you consent to an Order, you do
not admit or deny the abuse alleged, and you agree to abide by the ten11S
of the Temporary Protection From Abuse Order.
lfyou want to discus this possibility, you or your attorney should
contact the Plaintiffs attorneys, MidPenn Legal Services, 8 Irvine Row,
,r-t.-.-11'n1"" Tlr.' 1,/'11 '7\ ')11':!_Q.J!l\fI
'-'cu~ ;)1-,,-, .rl.. 11/} ....."'T_, ...--rV1J.
For defendants who live outside of Cumberland County, please be
advised that MidPenn Legal Services may not receive confirn1ation that you
have been served. If you plan to attend the hearing, and wish to avoid any
mmecessa or legal expense, please confinn that you received notice
t 1e hearing by calling 0 Ice.
Sincerely, "\
MIDPENN LEGAL SERVICES
Grace E. D'Alo, Attorney-at-Law Y: 20
" Jessica Diamondstone, Attorney-at-La
iilb LSC
K.imberly A.nn While,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COTJNTY, PENNSYLViLNIA
\'
NO. 05- ') b~5'
CIVIL TERM
Julie e Stevens,
Defendant
PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following papers, you must appear at the hearing scheduled herein. If you fail to do so, the case may
proceed against you and a FINAL Order may be entered against you granting the relief requested in the
Petition. In particular, you may be evicted from your residence and lose other important rights.
A hearing ()9 this malier is scheduled on theXQ1hday 0 -1 2005, at q: &J A .m., in
Courtroom No. .5 on the 4th Floor of the Cumberland County Co jihouse, I Courthouse Square,
Carlisle, Pennsylvania.
You MUST obey the Order that is attached until it is modified or terminated by the court after
notice and hearing. If you disobey this Order, the police may arrest you. Violation of this Order may
subject you to a charge of indirect criminal contempt which is punishable by a fine of up to $1,000.00
and/or up to six months in jail under 23 Pa.eS. 1i6ll4. Violation may also subject you to prosecution
and criminal penalties under the Pe1IDsylvania Crimes Code. Under federal law, 18 use 1i2265, this
Order is enforceable anywhere in the United States, tribal lands, U.S. Territories and the Commonwealth
of Puerto Rico. If you travel outside of the state and intentionally violate this Order, you may be subject
to federal criminal proceedings under the Violence Against Women Act, 18 U.S.C. Ii 2261-2262.
You should take this paper to your lawyer at once. You have the right to have a lawyer represent
you at the hearing. The court will not, however, appoint a lawyer for you. 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. If you cannot find a lawyer, you may have (0 proceed without one.
CUMBERLAND COUNTY B/ill. ASSOCL<\TION
32 South Bedford Street, Carlisle, Peill1sylvania 17013
Telephone Number: (71 7)249-3166
i\JvfERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
lUllericans with Disabilities Act of 1990. For information 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.
Kimberly A. White,
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
; CUMBERLAND COUNTY,
: PENNSYL V ~NlA
v.
Julie C. Stevens,
Defendant
; No. OS - 3bS_<:;'
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name is: Julie C. Stevens
Defendant's Date of Birth is: December 25, 1967
Name(s) of All protected persons, including Plaintiff and nllnor children:
1. Kimberly A. White
M'D NOW, on 20th Day of July, 2005 upon consideration of the attached Petition
for Protection from Abuse, the court hereby enters the following Temporary Order:
Plaintiffs request for a temporary protection order is granted.
1. Defendant shall not abuse, harass, stalk or threaten any of the above persons in
any place where they might be found.
2. Defendant shall be evicted and excluded from the residence at:
1010 Hauck Road
Mechanicsburg,PA 17055
or any other permanent or temporary residence where Plaintiff or any other person
protected under this Order may live. Plaintiff is granted exclusive possession of
the residence. Defendant shall have no right or privilege to enter or be present on
the premises of Plaintiff or any other person protected under this Order.
3. Defendant is prohibited from having ANY CONTACT with Plaintiff, or any
other person protected under this Order, at any location, including but not limited
to any contact at Plaintiff's school, business, or place of employment.
4.
Defendant shall not contact Plaintiff, Or any other person protected under this
Order, by telephone or by any other means, including through third persons.
5. The following additional relief is granted:
- Defendant is prohibited from having any contact with Plaintiffs relatives.
- Defendant shall not damage, destroy, or dispose of in any manner, any
property owned by both parties' or solely by the Plaintiff.
6. A certified copy of this Order shall be provided to the police department where
Plaintiffresides and any other agency specified hereafter:
Pennsylvania State Police-Carlisle
7. The sheriff, police or other law enforcement agencies are directed to serve the
Defendant with a copy ofthe Petition, any Order issned, and the Order for
Hearing without prepayment of costs. The Petitioner will inform the designated
authority of any addresses, other than the Defendant's residence, where Defendant
can be served. The Prothonotary is directed to file this Petition and Order without
prepayment of costs.
8. THIS ORDER APPLIES IMMEDLATEL Y TO DEFENDANT l\ND SHALL
REMAIN IN EFFECT UNTIL JANUARY 20, 2007 OR UNTIL OTHER vVISE
MODIFIED OR TERJvITNATED BY THIS COURT AFTER NOTICE AND
HEARING.
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for
indirect criminal contempt, which is punishable by a fine of up to $1,000.00 and/or
up to six months in jail. 23 Pa.C.S. 96114. Consent of the Plaintiff to Defendant's
return to the residence shall not invalidate this Order, which can only be changed or
modified through the filing of appropriate court papers for that purpose. 23 Pa.C.S.
96113. Defendant is further notified that violation of this Order may subject hirnlher
to state charges and penalties under the Pennsylvania Crimes Code and to federal
charges and penalties under the Violence Against Women Act, 18 D.S.C. 992261-
2262.
NOTICE TO LAW ENFORCEMENT OFFICIALS
This Order shall be enforced by the police who have jurisdiction over the plaintiffs
residence OR any location where a violation ofthis order occurs OR where the
defendant may be located. If defendant violates Paragraphs 1 through 4 of this
Order, defendant shall be an-ested on the charge ofIndirect Criminal Contempt. An
an-est for violation ofthis Order may be made without warrant, based solely on
probable cause, whether or not the violation is committed in the presence oflaw
enforcement.
Subsequent to an arrest, the law enforcement officer shall seize all weapons used or
threatened to be used during the violation of this Order OR during prior incidents of
abuse. Weapons must forthwith be delivered to the Sheriffs office of the county
which issued this Order, which office shall maintain possession of the weapons until
further Order of this court, unless the weaponls are evidence of a crime, in which
case, they shall remain with the law enforcement agency whose officer made the
arrest.
~~r~ c}E._._~_.__
,,---1) 19 J L.. Judge
~U-J.lZLXP- ~.I>;"
Distribution to:
Legal Services
Faxed & Mailed to PSP
m.UE COpy w:' .
In 1 m>lImor'} i1i;l"r~.'; IROF.,..~. R. ECOR'"
"~""l ... ., fw.o;:t "',"-F\.. _ - ill'....F
~1IU~h6S."~'1" _.'.;'d~.!ctFil:"!:-.,,-:.I-.,
~ .-l;Jlil~ th :\..?j"'l r~,; _ _,-,,'JoJ-!;;~ P'~F r':;~l(j
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PFAD Number: RD2] 6784:5J
Kimberly A White,
Plaintiff
: IN THE COURT OF COMMON
: PLEAS OF
: CUMBERLA."ID COUNTY,
: PENNSYL V~ANlA
v.
Julie C. Stevens,
Defendant
: No. D 5' - '3:> 015 ::;-
: CIVIL ACTION -LAW
: PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
1. Plaintiffs name is:
Kimberly A. White
o I, (the Plaintiff), am filing this Petition on behalf of:
- myself
3. Name(s) of ALL person(s), including minor children, who seek protection from abuse.
a. Kimberly A. White
4. Plaintiffs Address is: 1010 Hauck Road, Mechanicsburg, PA 17055
5. Defendant's Name is:
Julie C. Stevens
6. Defendant is believed to live at the following address:
1624 Green Street, Harrisburg, P A 17102
7. Defendant's Date of Birth is:
December 25,1967
8. Defendant's Place of employment is:
Fry Communication, Mechanicsburg P A 17055
9. Defendant is an adult.
10. The relationship between the Plaintiff and the Defendant is:
Current or former sexual/intimate partner
Persons who live or have lived like spouses
11. The defendant has not been involved in a criminal court action.
12. The facts of the most rece11l incident of abuse are as follows:
On about Wednesday, June 01, 2005 at approximately 1l:00AM
location: 1010 Hauck Road Mechauicsburg,PA 17055
Defendant attempted to cause Plaintiff serious bodily injury when she tackled Plaintiff to the
around and sat on Plaintiff. Defendant held her arm across Plaintiffs throat in an effort to
~
choke Plaintiff. Later, in the same incident, Defendant shoved Plaintiff to the ground and
repeatedly punched her in the stomach.
] 3. Prior incidents of abuse that the Defendant has committed against Plaintiff or the minor child/ren,
(including any threats, injuries, or incidents of stalking) are as follows:
During the course of the parties' nine year relationship, the Defendant has engaged in course
of conduct that causes Plaintiff to fear for her safety. Defendant left the parties' jointly
owned residence in October 2004, and the parties are negotiating the sale ofthe house
through other counsel. However, Defendant returns to the house without warning and at
odd and unpredictable times. These visits scare the Plaintiff, sometimes result in physical
altercations, and causes Plaintiff to fear for her safety.
14 The police department(s) or law enforcement agencies that should be provided with a copy of the
protection order are:
Pennsylvania State Police-Carlisle
15. There is an immediate and present danger of further abuse from the Defendant.
] 6. Plaintiff is asking the court to evict and exclude the Defendant from the following residence:
1010 Hauck Road
Mechanicsburg,PA 17055
Owned By:
Kimberly White and Jnlie Stevens
] 7. FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT ENTER A
TEMPORARY ORDER, and AFTER HEARING, A FINAL ORDER THAT WOULD DO
THE FOLLOWING:
a. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff
and/or minor childlren in any place where Plaintiff may be found.
b Evict/exclude Defendant fTom Plaintiffs residence and prohibit Defendant from
attempting to enter any temporary or permanent residence of the Plaintiff.
C. Prohibit Defendant from having any contact with Plaintiff and/or minor
child/ren, either in person, by telephone, or in writing, personally or through
third persons, including but not limited to any contact at Plaintiffs school,
business, or place of employment, except as the court may find necessary with
respect to partial custody and/or visitation with the minor child/ren.
d. Prohibit Defendant from having any contact with Plaintiffs relatives and
Plaintiffs children listed in this petition, except as the court may find necessary
with respect to partial custody and/or visitation with the minor child/ren.
e. Order the following additional relief, not listed above:
-Defendant shall not damage, destroy, or dispose of in any manner, any
property owned by both parties' or solely by the Plaintiff.
f. Grant such other relief as the court deems appropriate.
g. Order the police or other law enforcement agency to serve the Defendant with a
copy of this Petition, any Order issued, and the Order for Hearing. The
petitioner will inform the designated authority of any addresses, other than the
Defendant's residence, where Defendant can be served.
VERIFICATION
I verify that I am the Petitioner as designated in the present action and that the facts
and statements contained in the above Petition are true and correct to the best of my
knowledge I understand that any false statements are made subject to the penalties of I 8
Pa.C.S.s4904, relating to unsworn falsification to authorities.
't 1 (~-cl i'\')
Dated:
E~MI6R"' .., ..
KIMBERLY ANN WHITE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05-3685 CIVIL TERM
JULIE C. STEVENS,
Defendant
PROTECTION FROM ABUSE
ORDER OF COURT
AND NOW, this 29th day of July, 2005, the
Petition FCJ'( a F.clldl PLCJLectiull From Abuse Order is DENIED, and
our Order of July 21, 2005, entering a Temporary Order is
vacated.
E. Guido, J.
Jessica Diamondstone, Esquire
For the Plaintiff
/ ~lie C. Stevens
~efendant, Pro se
Sheriff
srs
R,,: [Fwd: (no subject)]
E~t\' 8,r "l).
Subject: Re: [Fwd: (no subject)]
From: Julie Stevens <jstevens@frycomm.com>
Date: Fri, 17 Dec 2004 07:49:27 -0500
To: Kimberly White <kimmi52004@yahoo.com>
~~~u~~~~ ~~~l~~;: ~;~e~o~~/t~~U~~~ri~~~~~~~Ritt~~r~~:~=: ::;e,,:~~s~hl~:~
that I was paying for at the time that made it possible for you to put that money on
the truck loan.
Kimberly White wrote:
All that is fine with me. police aren't needed and neither is breaking a window. I
want an answer about the truck. We can talk on sat, afternoon.
*/Julie Stevens <jstevens@frycomm.com>/* wrote:
I want to be able to get into the house to get things that are
mine. I
would like to be able to talk about the things we own commonly. I
would
like to talk about what to do about the house.
Kimberly White wrote:
> We can discuss that later. What exactly do you want? DO I get my
truck
> back or what?
>
> */Julie Stevens /* wrote:
>
> That's not ALL of my stuff, and you know it. I would strongly
> recommend
> you tell me where you will leave a key, or I will not hesitate to
> break
> a window. It is still my house, so I have every right to do that.
>
> Kimberly White wrote:
>
> > I will switch you the car for the truck tonight if you want. I
have
> > all you stuff on the sunporch come and get it when ever you want.
> >
> > */Julie Stevens /* wrote:
> >
> > I am not sure what to do about this, except to say that if I don't
> > hear
> > from you by tomorrow, I'll have to report the car as stolen and
> > break a
> > window to get in.
> >
> > -------- Original Message --------
> > Subject: (no subject)
> > Date: Mon, 13 Dec 2004 15:19:14 -0500
> > From: Julie Stevens
> > To: Kimberly White
> >
> >
> >
> > I went to get some addresses out of the address book today and
found.' "'i ,,)
> > that you had changed the locks. You really had no right to do
> that. I
> > have all kinds of stuff still in the house. I haven't taken
10f2
9/20/2005 2:04 PM
Re: [Fwd: (no subject)]
anything
> > that wasn1t mine, so I am not sure why you felt the need to do
that.
> > I'd like to come get the Volvo this week and I will be corning this
> > weekend to get the rest of my stuff. Let me know when is a
good day
> > this week to come for the car. You'll need to leave the door
> unlocked
> > this weekend, or let me know where you can leave a key. We still
> need
> > to talk about the things that we own commonly. Let me know when
> > you can
> > do that. I am moving ahead with getting the house sold as soon
as is
> > possible.
> >
> >
> >
>
------------------------------------------------------------------------
> > DO you Yahoo!?
> > Send holiday email and support a worthy cause, Do good.
> >
>
>
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20f2
9/20/2005 2:04 PM
thanks
Subject: thanks
From: Julie Stevens <jstevens@frycomm.com>
Date: Fri, 11 Mar 2005 08:38:53 -0500
To: Kim White <kimmi52004@yahoo.com>
Thank you for meeting me last night. It was nice to talk to you, It sounds like we
have a good starting place to work things through. Let me know what I can do to help
get info and move toward selling. Would it be OK with you if we use Mark to list
it? Any idea how soon you might want to do that? I don't want to rush you. I want
to be as expeditious as possible. It sounds like financially you would benefit from
selling soon, but I don't want to stress you out about moving before you are ready.
I guess you can just let me know when is a good time to talk again about all of our
stuff. If I could, I would really like to see the dogs if that would be OK with
you. I could just pick them up and take them to a park or something, if you don't
want me visiting them at the house. Talk to you soon.
1 of 1
9/20/2005 2:04 PM
EXHIBIT "E"
CONTRIBUTIONS TO 1 01 0 HAUCK ROAD
2003
Down Payment
Date:
8/8/03
Amount
10,000.00
Payment to Lebanon Mutual for Homeowner's Insurance
Date: Check No. Amount
370.00
Payment for Home Inspection to Enviroquest
Date: Check No. Amount
420.00
July Rent for Hauck Road to Wilbur Heiges
Date: Check No. Amount
900.00
Payments on Met-Ed Account for Hauck Road
Date:
8/4/03
8/27/03
10/6/03
10/25/03
11/20/03
Check No.
878
887
899
905
921
Amount
47.80
131.35
108.49
42.77
47.33
Payments on Comcast Utility for Hauck Road
Date:
7/21/03
8/5/03
1 0/25/03
11/28/03
Check No.
873
879
905
922
Amount
97.32
97.48
27.08
39.80
Payments on ATT Wireless Account for Cell Phones
Date:
7/21/03
8/22/03
9/15/03
10/15/03
11/17/03
12/30/03
Check No.
874
886
897
902
914
936
Amount
72.23
69.87
66.82
68.43
77.71
67.10
Payments to Verizon for Hauck Road
Date: Check No. Amount
8/11/03
9/15/03
10/15/03
1 0/25/03
12/23/03
72.85
76.23
76.26
76.23
75.22
882
894
901
909
932
Payments on Waste Management Account for Hauck Road
Date: Check No. Amount
7/21/03 875 48.24
10/6/03 900 48.24
Payment to Behney Oil
Date: Check No. Amount
1/21/04 944 300.00
Payment to Patriot News account 00855997
Date: Check No. Amount
11/17/03 917 25.00
Payments to IBM Internet
Date: Automatic Credit Card Deduction
7/1/03
8/1/03
9/1/03
10/1/03
11/1/03
12/1/03
Cash/Debit charges for Entertainment. Gas,
Groceries, miscellaneous expenses
Total Contributions for 2003:
Amount
19.95
19.95
19.95
19.95
19.95
19.95
$15,600
$29,270.55
2004
Payments on Comcast Utility for Hauck Road
Date:
1/5/04
4/3/04
5/1/04
6/1/04
7/6/04
8/1/04
9/2/04
Check No.
941
978
989
1002
1010
1016
1025
Amount
39.80
42.40
42.35
42.50
42.35
42.44
35.40
Payments on ATT Wireless Account for Cell Phones
Date:
1/25/04
5/2/04
6/1/04
6/28/04
8/1/04
9/2/04
Check No.
949
988
1004
1008
1019
1026
Amount
70.26
73.90
74.68
73.08
74.24
64.24
Payments to Verizon for Hauck Road
Date:
1/7/04
4/5/04
5/12/04
6/9/04
7/9/04
8/1/04
Check No.
939
984
994
999
1003
1017
Amount
76.23
74.73
74.75
74.75
66.39
69.22
Payments on Waste Management Account for Hauck Road
Date:
1/7/04
4/17/04
6/28/04
Check No.
943
980
1007
Amount
48.24
48.24
48.24
Payments on Met-Ed Account for Hauck Road
Date:
1/5/04
2/4/04
4/5/04
5/1/04
6/1/04
7/5/04
8/1/04
Check No.
940
950
983
991
1003
1011
1015
Amount
56.36
50.26
57.49
54.39
53.66
78.24
91.71
Payment to Lawns Unlimited for Hauck Rd.
Date:
7/17/04
7/24/04
Check No.
1012
1013
Amount
41.34
41.34
Payment for building permit to Monroe Township
Date:
5/11/04
Check No. Amount
987 20.00
Payment for compost bins to Cumberland County
Date:
4/12/04
Check No. Amount
979 25.00
Payments to IBM Internet
Date: Automatic Credit Card Deduction
1/1/03
2/1/03
3/1/03
4/1/03
5/1/03
6/1/03
7/1/03
8/1/03
9/1/03
10/1/03
11/1/03
12/1/03
Cash/Debit charges for Entertainment. Gas,
Groceries, miscellaneous expenses
Total Contributions 2004:
Amount
19.95
19.95
19.95
19.95
19.95
19.95
19.95
19.95
19.95
19.95
19.95
19.95
$15,600.00
$17,707.62
EXHIBIT "F"
1998
Payments to Citibank, N.A. Drivers Edge Visa
Account 4128003178987312 (Kim's Account)
Date:
5/1/98
8/1/98
10/20/98
Check No.
426
964
483
Amount
100.00
250.00
30.00
Payments to BankOne, N.A.
Account 5298026019086565 (Kim White's Account)
Date:
8/4/98
Check No. Amount
463 250.00
Payments to BMG
Account 8367915-775 (Kim White's Account)
Date:
1 0/20/98
Check No. Amount
478 23.49
Cash Payments to Kim White
Date:
12/20/98
Check No. Amount
495 200.00
TOTAL CONTRIBUTIONS FOR 1998: $853.49
1999
Cash Payments to Kimberly White
Date:
1/18/99
3/3/99
4/12/99
5/9/99
8/13/99
11/18/99
Check No.
503
518
530
532
563
592
. Amount
400.00
1000.00
140.00
40.00
300.00
300.00
Cash Payment to Roy White (Kimberly's Father)
Date:
3/2/99
Check No. Amount
507 500.00
Payments to Kimberly White's J.C. Penney Account 07957424932
Date:
3/1/99
Check No. Amount
512 121.76
Payments to Citibank, N.A. Drivers Edge Visa
Account 4128003178987312 (Kim's Account)
Date:
5/21/99
8/30/99
9/28/99
Check No.
537
575
582
Amount
27.00
25.00
40.00
Payments on Jointly-held Ikea Account 84000553333
Date:
8/22/99
9/20/99
12/12/99
Check No.
566
581
603
Amount
40.00
10.00
17.00
Payment for School Books at Amazon.com
Date:
11/20/99
Reference No Amount
MT99326005300 1430000055 30.94
TOTAL CONTRIBUTIONS FOR 1999: $2,991.70
2000
Payments to Citibank, N.A. Drivers Edge Visa
Account 4128003178987312 (Kim's Account)
Date:
2/20/00
5/30/00
6/28/00
9/20/00
9/30/00
11/28/00
Check No.
631
672
681
705
692
720
Amount
20.00
50.00
20.00
75.00
20.00
35.00
Payments to BMG
Account 8367915-775 (Kim White's Account)
Date:
1/3/00
Check No. Amount
607 20.85
Payments on Kimberly White's Sears Account 1150004944429
Date:
4/28/00
6/28/00
8/1/00
9/20/00
Check No.
653
682
695
710
Amount
20.00
50.00
50.00
50.00
Cash Payments made to Kimberly White
Date:
10/23/00
Check No. Amount
713 200.00
TOTAL CONTRIBUTIONS FOR 2000: $610.85
2001
Payments to Citibank, N.A. Drivers Edge Visa
Account 4128003178987312 (Kim's Account)
Date:
1/28/01
Check No. Amount
726 40.00
Cash Payments made to Kimberly White
Date:
2/24/01
4/18/01
7/27/01
8/26/01
10/12/01
10/18/01
Check No.
730
742
761
770
773
774
Amount
200.00
300.00
300.00
45.00
300.00
239.00
Payments to Kimberly White's J.C. Penney Account 07957424932
Date:
12/20/01
Check No. Amount
793 30.00
Payment for School Books at Borders Books
Date:
11/20/99
Reference No Amount
MT012530049001490000192 47.65
TOTAL CONTRIBUTION FOR 2001: $1,501.65
2002
Payment to Nursing 2001 for Magazine Subscription for Kimberly White
Date:
1/25/02
Check No. Amount
804 23.00
Cash Payments to Kimberly White
Date:
1/9/02
3/19/02
4/2/02
8/29/02
12/6/02
12/25/02
Check No.
798
808
812
826
835
837
Amount
200.00
260.00
100.00
100.00
80.00
200.00
Payments to CATACB for Taxes
Date:
7/30/02
Check No. Amount
824 117.60
Payments on Kimberly White's School Loan with AES Account 188662596
Date:
12/31/02
Check No. Amount
843 44.25
Payment for Work Shoes at Super Shoes
Date:
7/6/02
Reference No Amount
2432301JQ3D4E7PKN 49.99
TOTAL CONTRIBUTION FOR 2002: $1,174.84
2003
Payments to Kimberly White
Date:
1/23/03
2/8/03
2/9/03
2/11/03
2/21/03
3/19/03
Check No.
839
846
847
848
849
856
Amount
450.00
50.00
100.00
125.00
180.00
195.00
Payments on Kimberly White's Sears Account 1150004944429
Date:
7/17/03
8/24/03
1 0/25/03
12/30/08
Check No.
872
888
907
935
Amount
1087.52
100.00
100.00
50.00
Payments to Home Depot Jointly-held Account 6035320143849395
Date:
11/17/03
12/22/03
Check No.
913
943
Amount
10.00
10.00
Payments to Kimberly White's School Loan with Sallie-Mae 1880660259601
Date:
9/22/03
10/10/03
11/19/03
12/22/03
Check No.
896
903
918
933
Amount
114.52
114.52
114.52
114.52
Payment on Met Life Auto Insurance
Date:
9/15/03
10/25/03
11/26/03
Check No.
895
906
923
Amount
141.50
195.00
89.07
Payment for repairs to 1992 Toyota Pickup Truck
Date:
12/5/03
Date
8/24/03
Check No. Amount
926 544.27
Receipt Amount
500616 263.77
Payments to AAA for Homeowner's Insurance
Date:
7/31/03
Receipt No. Amount
582 370.00
Payment to AT&T Wireless of overage charge by Kimberly White
Date
3/18/03
Authorization No Amount
012424 126.00
Payments to Home Depot Jointly-held Account 6035320143849395
(Grill, carpet, tile, light fixture) all in Kimberly White's possession
Date:
4/22/03
Check No. Amount
985 2,618.90
TOTAL CONTRIBUTION FOR 2003: $7,264.11
2004
Payments on Kimberly White's Sears Account 1150004944429
Date:
1/25/04
Check No. Amount
946 30.00
Payments to Home Depot Jointly-held Account 6035320143849395
Date:
1/25/04
8/17/04
Check No.
947
1024
Amount
10.00
50.34
Payments to Kimberly White's School Loan with Sallie-Mae 1880660259601
Date:
1/25/04
5/12/04
6/28/04
8/16/04
7/24/04
Check No.
948
998
1006
1023
1014
Amount
114.52
114.52
114.52
114.52
229.04
Payment on Met Life Auto Insurance
Date:
1 /4/04
4/5/04
5/1/04
8/1/04
9/2/04
Check No.
942
981
993
1020
1029
Amount
89.07
89.07
173.14
27.01
175.70
Payment on Kimberly White's Discover account 6011002030385694
Date:
8/16/04
9/13/04
Check No.
1022
1030
Amount
400.00
30.00
Payment for scrapbooking to Shari Brenizer
Date:
2/6/04
Check No. Amount
951 56.18
TOTAL CONTRIBUTION FOR 2004 $1,817.63
Property Item
Refrigerator
Top-load Washer
Top-load Dryer
Front-load Washer
Front-load Dryer
Bread Machine
Antique Walnut Desk
Solid Brass Bed
Diamond Necklace
XM Roady Pack
XM Skyfit Car Kit
Pioneer Car Stereo
19" Flat Screen TV
Glider
Craftsman Roto-tiIler
Chainsaw
Jigsaw
Craftsman Blower-vac
Ikea tv stand
Ikea corner shelf
Bassett Sofa
Keg system
Stainless Steel Refrigerator
Espresso Machine
Antique Glass Elephants
Camcorder
Nikon Digital Camera
Charbroil Gas Grill
Knit hat from Julie's Aunt
Hairdryer
Pole Saw
Momento CD
Fear and Loathing CD
Knick Knacks from L TO
Framed Van Gogh Posters
Stanley Short-cut saw
Craftsman Socket Set
Ikea Down Comforter
Ikea Sheet sets
Towels
Baking Sheets
Revere Ware Pan Set
Exhibit "G"
Julie's Portion
147.00
350.00
250.00
325.00
250.00
150.00
600.00
800.00
200.00
30.00
80.00
175.00
150.00
95.00
160.00
190.00
30.00
30.00
40.00
40.00
950.00
190.00
545.00
150.00
1 00.00
350.00
650.00
450.00
30.00
25.00
20.00
20.00
15.00
15.00
150.00
30.00
65.00
60.00
60.00
30.00
15.00
185.00
Property Item
Stainless Steel Knives
(2) Sets Flatware
Sleeper sofa
Kitchen island
Food Saver
Tupperware
Curio Cabinet
Stanley Pry bar
Twelve man tent
Tripod for cooking
Totes for camping
Coleman stove
Coleman coffee maker
Christmas Decorations
12-speed Mountain Bike
Braun Coffemaker
Kohler Lawn Tractor
TOTAL:
Julie's Portion
40.00
50.00
20.00
125.00
90.00
75.00
150.00
30.00
90.00
10.00
15.00
25.00
30.00
150.00
500.00
35.00
500.00
$10,132
Exhibit "H"
Total from Exhibit "E": $46,978.17
Total Contributions to 1010 Hauck Road: $46,978.17
Total from Exhibit "F": $16,214.27
Total from Exhibit "G": $10,132.00
Rent Dee '04 through Oet '05 ($600.00/mo.): $6,600.00
Financing for 1995 Volvo: $3,075.00
Total Reimbursement Requested: $36,021.27
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-03973 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WITE KIMBERLY A
VS
STEVENS JULIE
DAVID MCKINNEY
Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within NOTICE
was served upon
STEVENS JULIE
the
DEFENDANT
, at 0014:48 HOURS, on the 17th day of August
, 2005
at FRY COMMUNICATIONS BLDG 5
HEMPT ROAD
MECHANICSBURG, PA 17055
by handing to
JULIE STEVENS
a true and attested copy of NOTICE
together with
COMPLAINT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00
8.00
.00
10.00
.00
36.00
So Answers:
r~~~
R. Thomas Kline
08/18/2005
DIANE RADCLIFF
Sworn and Subscribed to before
By:
0, ~1Jt ~AT
Deputy Sheriff
me this R?-rJi
Ut:usr
day of
A.D.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY A. WHITE,
Plaintiff
: NO. 05-3973
v
: CIVIL ACTION
JULIE STEVENS,
: EQUITABLE PARTITION
Defendant
REPLY TO DEFENDANT'S NEW MATTER
Plaintiff, Kim White, hereby files this Answer to Defendant's New Matter as follows:
1. Admitted in part and denied in part as follows:
a. Denied. Plaintiff denies that on or about December 1, 2004, Plaintiff
changed the locks on the Premises thereby excluding Defendant therefrom.
On the contrary, and/or by way of further Reply, Plaintiff avers that:
i. Plaintiff never told Defendant to leave the Premises and on the
contrary Plaintiff asked Defendant not to leave the Premises.
ii. The only lock changed by the Plaintiff on December 1, 2004 was the
kitchen door lock. This was done solely for the safety of Plaintiff
and her deaf sister as the kitchen door did not have an operable lock
on it prior to that date.
iii. The front door lock, to which Defendant always had a key, was
never changed and thus Defendant was not denied access to the
Premises.
iv. Defendant accessed the Premises several times between October 30,
2004 and the present date.
b. Denied. Plaintiff denies that Defendant has been without the beneficial
use and enjoyment of the Premises.
c. Admitted. Plaintiff admits that Defendant has been a joint owner since
July 2003.
1
d. Denied. Plaintiff denies that Defendant is entitled to reasonable rental
value of the Premises in the amount of $600 per month from December
2004 through the termination of Plaintiff's residence. On the contrary,
and/or by way of further Reply, Plaintiff avers that Defendant is not
entitled to fair rental value as during that time period because:
i. Defendant did not make any contribution towards the expenses for
the Premises including, but not limited to, the two mortgage
payments;
ii. Defendant was never excluded from the Premises and in fact made
access thereto on several occasions after December 1, 2004;
iii. The expenses for the Premises paid by Plaintiff are in excess of the
fair rental value fo the premises; and
iv. Defendant would never be entitled to more than half of the fair
rental value since Plaintiff is a 50% joint owner.
2. No Reply/Answer Required. Plaintiff avers the allegations/ averments set forth in
Paragraph 13 of Defendant's New Matter are irrelevant to the within proceedings
as they are unrelated to the partition of real estate and made not be raised in this
action as a defense to Plaintiff's claims or as a separate claim in said action and,
therefore, no Reply/Answer is required. To the extent an Reply/Answer is
required to said allegations/averments, they are denied as Defendant is without
knowledge or information as to the truth or falsity of the following
allegations/averments set forth in Paragraph 13 of Defendant's New Matter, and
said allegations/averments are, therefore, denied. Plaintiff demands proof
thereof at the trial of this case, if relevant:
a. Denied/Without Knowledge/Proof Demanded: During the time Plaintiff and
Defendant were together, the Defendant made numerous payments to
Plaintiff along with several payments on Plaintiff's school loans and other
credit card debts. By way of further Reply, Plaintiff avers that Plaintiff
made payments on Defendant's credit card accounts and other obligations
as well as giving Defendant cash which Plaintiff believes are equal to or
greater than the payments made by Defendant.
b. Denied/Without Knowledge/Proof Demanded: It was the agreement
2
between the parties that the Plaintiff would pay the Defendant when
Plaintiff was gainfully employed after finishing nursing school. On the
contrary and/ or by way of further Reply, Plaintiff avers that:
i. Plaintiff was always gainfully employed.
ii. Defendant agreed to make a few payments of Plaintiff's tuition for
which she agreed there was to be no reimbursement, those
payments being considered to be part of her share of the household
expenses.
c. Denied/Without Knowledge/Proof Demanded: Plaintiff agreed to pay
Defendant with a tuition reimbursement that Plaintiff received from her
employer. On the contrary and/or by way of further Reply, Plaintiff avers
that:
i. Plaintiff never agreed to pay her tuition reimbursement to
Defendant.
ii. That tuition reimbursement payment was used to pay household
expenses from which Defendant equally benefitted.
d. Denied/Without Knowledge/Proof Demanded: Attached hereto and marked
Exhibit "E" are Defendant's payments to the Plaintiff.
e. Denied/Without Knowledge/Proof Demanded: The Plaintiff has made no
such payments or reimbursements to the Defendant. On the contrary
and/or by way of further Reply, Plaintiff avers that Plaintiff was under no
obligation to make payments nor reimbursements to Defendant.
14. No Reply/Answer Required. Plaintiff avers that the allegations/averments set
forth in Paragraph 14 of Defendant's New Matter are irrelevant to the within
proceedings as theyare unrelated to the partition of real estate and made not be
raised in this action as a defense to Plaintiff's claims or as a separate claim in
said action and, therefore, no Reply/ Answer is required. To the extent an
Reply / Answer may be required to said allegations/ averments, they are admitted
in part and denied in part as follows:
a. Admitted in part and denied in part. Plaintiff admits that Plaintiff is in
possession of some items of personal property of the Defendant. It is
3
denied that said items are numerous.
b. Denied. Plaintiff denies that Defendant's Exhibit marked "F" attached to
Defendant's New Matter sets forth any personal property. On the
contrary it is averred that Defendant's Exhibit "G" sets forth Defendant's
list of personalty.
15. Plaintiff avers that the allegations/averments set forth in Paragraph 15 of
Defendant's New Matter are irrelevant to the within proceedings as they are
unrelated to the partition of real estate and made not be raised in this action as
a defense to Plaintiff's claims or as a separate claim in said action. To the extent
an Reply/Answer is required to said allegations/ averments, they are admitted in
part and denied in part as follows:
a. Admitted. Plaintiff admits that Defendant secured financing in the amount
of $6,150 with Member's 1st FCU for a 1995 Volvo.
b. Denied. Plaintiff denies that the 1995 Volvo was acquired for the
Plaintiff's use and benefit. On the contrary, it is averred that Defendant
was the one who insisted on purchasing the Volvo, which she titled in her
sole name, as she no longer wanted her Honda which had unrepaired
accident damage.
c. Denied. Plaintiff denies that the use of the 199Z Toyota Pickup Truck,
which was jointly titled and registered, was to become Defendant's. On
the contrary, Plaintiff avers that:
i. Plaintiff purchased the Toyota on or about September 8, ZOOO for
her use.
ii. Since Defendant was required to co-sign the loan, the Toyota was
titled in joint names, although it was always intended to be
Plaintiff's vehicle.
iii. Pursuant to that intention Plaintiff made all payments on the loan
for its purchase, including but not limited to the regular loan
installments and the payoff of the loan balance of $Z,140 which
Plaintiff paid on or about October 10, 2003 from her PSECU account
#XXXXZ596.
4
iv. The Toyota loan was not paid by funds from the home equity loan.
That loan was not secured until May 18, 2004, approximately seven
(7) months after the Toyota loan was paid in full.
d. Admitted. Plaintiff admits that on or about December 20, 2004 the
Plaintiff removed the Toyota Truck for the Defendant's place of business.
By way of further Reply it is averred that this was done at Defendant's
insistence and direction, when she demanded that a time and place be set
to make the vehicle exchange (Plaintiff getting the Toyota Truck and
Defendant the Volvo) , or Defendant would report the Volvo as stolen.
e. Denied. Plaintiff denies that the 1995 Volvo was left in the parking lot
with a dead battery and other mechanical problems that were directly
caused by Plaintiff's negligence. On the contrary, Plaintiff avers that the
Volvo was operational, the Plaintiff having driven it to the parking lot for
the exchange. Plaintiff further avers that it was in the same, if not better,
condition than it was when Defendant was using it, Plaintiff having paid for
substantial repairs to the Volvo costing about $2,470.
f. Admitted. Plaintiff admits that Plaintiff now enjoys the benefit and use of
the Toyota Truck. By way of further Reply, Plaintiff avers that:
i. Due to damage and condition the Toyota Truck has no value.
ii. Plaintiff should enjoy the benefit and use of the Toyota Truck since
the vehicle was always intended to be her vehicle, and she paid for
it with her sole funds with no contribution from the Defendant.
g. Admitted. Plaintiff admits that Defendant must now satisfy the debt for
the Volvo. By way of further Reply, Plaintiff avers that since Defendant
is the sole owner of the Volvo and the sole debtor on the Volvo loan she is
legally obligated to pay the Volvo loan.
WHEREFORE, Plaintiff prays that this Court enter an order or decree for the relief as
requested in Plaintiff's Complaint as follows:
A. A partition of the Premises;
B. The Premises be sold by such persons and in such manner as your Honorable
5
Court may direct;
h. The share or shares to which the respective parties are entitled be
determined after credit or direct consideration is given for the
contributions made towards the acquisition and preservation of the
Premises and be set out to them in severalty and that all property and
necessary conveyances and assurances be executed for carrying such
partition into effect;
C. Such other and further relief be granted as the Court deems just and
proper.
Respectfully submitted,
DCLlFF, ESQUIRE
44 e Road
Camp Hill, PA 17011
(717) 737-0100
Supreme Ct. 1.0. No. 32112
Attorney for Plaintiff
6
VERIFICATION
I verify that the statements made in the foregoing Reply to New Matter are true
and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
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KIMBERLY A. I E
lll\S-lo')
Date:
"'1
CERTIFICATE OF SERVICE
I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on October 13,2005, I served
a true and correct copy of the forgoing Reply to Defendant's New Matter, by mailing
same to the Defendant by first class mail, postage prepaid, addressed as follows:
Julie Stevens
1624 Green Street
Harrisburg, PA 17102
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fN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CAe V OF COLORADO, LLC,
Petitioner,
No. 05-4003
vs.
AFFIDAVIT OF SERVICE
FOR RULE RETURNABLE
DORIS E. SHUMAN,
Respondent.
FILED ON BEHALF OF
Petitioner
COUNSEL OF RECORD OF
THIS PARTY:
William T. Molczan, Esquire
PA LD. #47437
WELTMAN, WEfNBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh A venue
Pittsburgh, PA 15219
(412)434-7955
WWR#04405252
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
CACV OF COLORADO, LLC,
Petitioner,
No. 05-4003
vs.
DORIS E. SHUMAN,
Respondent.
AFFIDAVIT OF SERVICE FOR RULE RETURNABLE
Before me, the undersigned authority, a Notary Public, in and for said County and State, personally
appeared William T. Molczan, Esquire, known to me, who being duly sworn according to law, deposes and says
that he served a copy of the Rule on the Respondent, Doris E. Shuman, on September 28, 2005, at her last
known address of 1083 Mud Level Road, Shippensburg, P A 17257. The Rule Return Date is October 18, 2005.
A true and correct copy of the cover letter which was sent to Respondent, Doris E. Shuman, enclosing a copy of
the Rule Returnable is attached hereto, marked as Exhibit "1" and made a part hereof. Service of the Rule is
deemed to be perfected as of September 28, 2005, the date of mailing.
WELTMAN, WEINBERG & REIS CO., L.P.A.
By:
William T. Molczan,
PA J.D. #47437
WELTMAN, WEINBERG & REIS CO., L.P.A.
2718 Koppers Building
436 Seventh Avenue
Pittsburgh, PA 15219
(412) 434-7955
Sworn to and sUbs~ed
before me this
d.Ytf~5
NOfARYP IC
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OI'INNOVATION
OROWTti'I'IE!lUi..TS
BURLINGTON, NJ
609.9]4.0437
CHICAGO, IL
847.940.98]2
CINCINNATI,OH
513723.2200
CLEVELAND,08
2]6,685.1000
COLUMBUS,OB
614.2287272
DETROIT. MJ
248362.6100
PHILADELPWA, PA
215,599,1500
WELTMAN, WEINBERG & REIS CO., L.P.A.
AITORNEYSATLAW
27J8 Koppen Buildinl
4JIi Seventb Avenue
Pittsburgb,Pennsylvani.15219
412.434.7~S
www.weltman.com
September 28, 2005
Doris Shuman
1083 Mud Level Rd
Shippensburg,Pa 17257
Re: CACV of Colorado vs. Shuman
Case No. 05-4003 Civil Term
Our file No. 04405252
Dear Ms. Shuman:
Enclosed please a Rule issued upon you, the Respondent, to show cause
why the arbitration award in the amount of $5,180.75 entered on April 27, 2005,
should not be confirmed and judgment entered for the full amount of the award.
Please note that the Rule is returnable on or before October 18,2005.
If you would like to propose a settlement offer or set up a monthly payment
arrangement, please contact this office.
Thank you for your attention to this matter.
Enclosure
THIS FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR OUR CLIENT AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHOI'DTARY OF CUMBERLAND COUNTY
Please list the following case:
{Check one}
} for JURY trial at the next term of civil court.
I) for trial without a jury.
-----------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
(check one)
(~) Civil Action - Law
r.1"'~ A. WItITE--
( )
(,/)
Appeal from Arbitration
EQtJlfABLe PAr2-TlnoN
(other)
(Plaintiff )
c....SS-- He
vs.
The trial list will be called on
and
J U(,./ E ST~"E-NS..
Trials commence on
(Defendant)
Pretrials will be held on
(Briefs are due 5 days before pretrials.)
vs.
(The party listing this case for trial shall
provide forthwith a copy of the praecipe to
all counsel, pursuant to local Rule 214.1.)
No. 05- 3Cj~Civil
19
Indicate the attorney who will try case for the party who files this praecipe:
JilL-IE.- STf;.V6NS, V€PE-klOA.NI 1'RO se
Indicate trial counsel for other parties if known:
D/f\Ne G. ~A.VC-L-IF~. tSQ.
,
This case is ready for trial.
Signed: JvAP C S"'-
Print Nane: JULf13-- C- S,E:YE!\J.s.
Date:
Attorney for:
2/'7/06
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KIMBERLY A. WHITE,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JULIE STEVENS,
DEFENDANTS
05-3973 CIVIL - EQUITABLE PARTITION
ORDER OF COURT
AND NOW, this 21st day of February 2006, the non-jury trial in the above
referenced case has been assigned to this Court. Prior to setting an actual trial date IT
IS HEREBY ORDERED AND DIRECTED that the parties in this case file a pre-trial
memorandum with the Court on or before March 13, 2006 in the following format:
I. A concise statement of factual issues to be decided at trial.
II. A list of witnesses the party intends to call at trial along with a concise
statement of their anticipated testimony.
III. A list of all exhibits each party anticipates presenting at trial.
IV. A statement of any legal issues each party anticipates being raised at trial
along with copies of any cases which may be relevant to resolution of the stated issue.
V. An estimate of the anticipated time needed for the party to present its case.
Upon receipt and review of these memorandums, the Court will set a trial date for
this case.
By the Court,
,~~
M. L. Ebert, Jr.,
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. G. Radcliff, Esquire
Diane f Plaintiff
Attorney or
Julie Stevens
Pro Se
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KIMBERLY A. WHITE,
Plaintiff
no. 05-3973 Civil Term
V.
CIVIL ACTION
JULIE STEVENS,
EQUITABLE DISTRIBUTION
Defendant
DEFENDANT'S REQUEST FOR EXTENSION OF TIME TO RESPONSE
TO ORDER OF COURT
AND NOW, comes the Defendant, Julie Stevens, to request the
following: Defendant's attorney is not available for final
review of documents until March 13, 2006.
Defendant requests an extension of the Court Order to
allow for this final meeting with legal counsel for review of
documents to be provided to this Court, as were requested via
the Court Order of February 21, 2006.
WHEREFORE, the Defendant respectfully requests that this
Honorable Court grant an extension of ten (10) days from the
date of signing the attached Order to allow Defendant sufficient
time to seek legal counsel and review.
Respectfully Submitted,
JI4, :J::::-.
Julie Stevens, Defendant, pro se
1624 Green Street
Harrisburg PA 1710;;:
3
. . ...
IN THE COURT OF COMMON PLEAS OF CUMBERLlillD COUNTY,
PENNSYLVANIA
KIMBERLY A. WHITE,
plaintiff
no. 05-3973 Civil Term
V.
CIVIL ACTION
JULIE STEVENS,
EQUITABLE DISTRIBUTION
Defendant
CERTIFICATE OF SERVICE
On this 9th day of March, 2006, a true and correct copy of
Defendant's Request for Extension was mailed, First Class,
postage prepaid to the following:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
.)/47~
Julie C. Stevens, Defendant, pro se
Dated:
J/,f,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
2
, ~
KIMBERLY A. WHITE,
PLAINTIFF
. IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
JULIE STEVENS,
DEFENDANT
: 05-3973 CIVIL - EQUITABLE PARTITION
ORDER OF COURT
AND NOW, this 20'h day of March, 2006, IT IS HEREBY ORDERED AND
DIRECTED that a Non-Jury Trial in the above captioned case is scheduled for
May 12, 2006 at 9:00 a.m. in Courtroom NO.5 on the Fourth Floor of the Cumberland
County Courthouse, Carlisle, Pennsylvania.
IT IS FURTHER ORDERED AND DIRECTED THAT a Pre-Trial Conference in
this case will be held on May 1, 2006 at 1 :30 p.m.
By the Court,
--LW
M. L. Ebert, Jr.,
J.
/
./Diane G. Radcliff, Esquire
Attorney for Plaintiff
.)'Cllie Stevens
Pro Se
Court Administrator
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KIMBERLY A. WHITE,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
JULIE STEVENS,
DEFENDANTS
05-3973 CIVIL - EQUITABLE PARTITION
ORDER OF COURT
AND NOW, this 1st day of May, 2006, after Pre-Trial Conference in the above referenced
case, IT IS HEREBY ORDERED AND DIRECTED that:
1. Trial in this matter will begin at 9:00 a.m. on May 12, 2006 in Courtroom NO.5 of the
Cumberland County Courthouse, Carlisle, Pennsylvania.
2. Defendant was advised that if she desires counsel she must have counsel available
on that date as no continuances for procurement of counsel will be granted.
3. This case will be tried as an Equitable Partition of Real Estate. Evidence will not be
admitted with regard to loans between the parties, household expenses, credit cards, disposition
of personal property, or matters concerning vehicle damages or expenses.
4. The Court will entertain evidence and argument regarding the issue of exclusive
possession and rents claimed payable by the Plaintiff. Counsel for the Plaintiff will provide the
Court with legal citation regarding the issues of allowable contributions by the parties which may
be used to adjust the normal equal division of the real estate.
5. The Court has indicated to the parties that should Partition be ordered, the manner of
the Partition will be sale by a reputable professional realtor.
By the Court,
'"
...e1lane G. Radcliff, Esquire
Attorney for Plaintiff
~e Stevens, Defendant ~
bas
M. L. Ebert, Jr.,
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KIMBERLY A. WHITE,
PLAINTIFF
V.
JULIE STEVENS,
DEFENDANTS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 05-3973 CIVIL - EQUITABLE PARTITION
ORDER OF COURT
AND NOW, this 12th day of May, 2006, after further review of the
pleadings in the case to include the parties Pre-Trial Memorandum, the Order of Court
dated May 1, 2006 in the above captioned matter is amended to delete Paragraph 5.
..olane G. Radcliff, Esquire
Attorney for Plaintiff
~ Stevens
Pro Se
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By the Court,
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M. L. E ert, Jr., - J.
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KIMBERLY A. WHITE,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V
05-3973 CIVIL TERM
JULIE STEVENS,
Defendant
EQUITABLE PARTITION
IN RE: NON-JURY TRIAL
ORDER OF COURT
AND NOW, this 12th day of May, 2006, after hearing in
the above-captioned matter, it is hereby ORDERED AND DIRECTED
that the parties shall submit proposed Findings of Fact and
Conclusions of Law with supporting legal citation to the Court on
or before May 31, 2006. Each party shall prepare a proposed
distribution sheet of the proceeds from the sale of the property
in question.
By the Court,
M\.1be~J.
~ne Radcliff, Esquire
For the Plaintiff
~lie Stevens, Defendant
1624 Green Street
Harrisburg, Pa. 17102-2416
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'Prepared By:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
Supreme Court ID # 32112
Phone: 717-737-0100
Fax: 717-975-0697
Email: dianeradcliff@comcast.net
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU~TY, PENNSYLVANIA
I
KIMBERLY A. WHITE,
Plaintiff
: NO. 05-3973
v
: CIVIL ACTION
JULIE STEVENS,
: EQUITABLE PARTITI N
Defendant
PLAINTIFF'S PROPOSED FINDINGS OF FACT AND CO CLUSIONS OF LAW
AND NOW, comes the Plaintiff, Kimberly A. White, by and thr ugh her attorney, Diane
G. Radcliff, Esquire, and files the above referenced Propo ed Finding of Fact and
Conclusions of Law as follows:
I. PROPOSED FINDINGS OF FACT
1. Plaintiff is Kimberly A. White, an adult individual residi gat 1100 S. York Road,
Dillsburg, PA 17109. (Plaintiff is hereinafter referred 0 as "White").
2. Defendant is Julie Stevens, an adult individual residin at 1624 Green Street,
Harrisburg, Dauphin County, Pennsylvania. (Defendant i hereinafter referred to
as "Stevens").
3. White and Stevens are the joint owners of certain eal estate known and
numbered as 1010 Hauck Road, Mechanicsburg, C mberland County, PA
hereinafter described, (hereinafter referred to as "the auck Road Property").
4. The parties acquired title to the Hauck Road Property b deed from Wilber and
Nancy Heiges, and Irene and Richard Dillahey, dated Augu t 6,2003, and recorded
5.
6.
7.
8.
9.
10.
11.
12.
13.
at the Cumberland County Recorder of Deeds in De d Book 258, Page 3485,
(Plaintiff's Exhibit 3).
The parties held title to the Hauck Road Property on ani equal undivided one half
basis as joint tenants with the right of survivorship. (~laintiff's Exhibit 3).
The purchase price of the Hauck Road Property was $12 ,900.00. (See Plaintiff's
Exhibits 2, a: 3).
On 5/4/03 White, by her check #1617, paid $500 on ace unt of the down payment
for the purchase price of the Hauck Road Property. (laintiff's Exhibits 1a: 2).
On 5/10/03 White by her check #1622, paid Steven $420.00 for the home
inspection of the Hauck Road Property prior to its purc ase. Stevens then paid
Enviroquest $420 from her account for this home insp tion using the $420 she
received from White for this purpose. (Plaintiff's Exhi it 1; Defendant's Exhibit
5).
On 7/31/03 Stevens paid the homeowners insurance remium for the year in
advance at a cost of $370.00.
At settlement on 8/8/03, Stevens paid the remaining d wn payment and closing
costs of $11,234.00. (Plaintiff's Exhibit 2; Defendant's Exhibit 1).
The rest of the purchase price was financed throug a loan with Principal
Residential Mortgage, Inc., loan # 635-0, serviced by itiMortgage in the face
amount of $123,405.00, secured by a mortgage dated Au ust 8,2003 and recorded
in the Office of the Cumberland County Recorder of Deed in Mortgage Book 1829,
Page 4530, (hereinafter referred to as the "Principal Re idential Purchase Price
Mortgage"). (Plaintiff's Exhibit 4).
The payments required by the Principal Residential P rchase Price Mortgage
varied from $923.66 to $985.18. (Plaintiff's Exhibit 4 a: 5).
The payments required by the Principal Residential P rchase Price Mortgage
2
included included a required payment for escrows or taxes and insurance.
(Plaintiff's Exhibit 4).
14. From date of acquisition to date of hearing, White paid II of the payments on the
Principal Residential Purchase Price Mortgage, including principal and interest and
the escrow payments for taxes and insurance. (Plaint f's Exhibit 5).
15. From 10/2/03 to 5/9/06, the total amount paid by hite on account of the
Principal Residential Purchase Price Mortgage (includi g principal, interest and
applicable escrows) is $31,580.59. (Plaintiff's Exhibit ).
16. On or about May 10,2004, the parties obtained a hom equity loan from PSECU
in the face amount of $10,400.00, and secured by a mor gage dated May 10, 2004
and recorded in the Office of the Cumberland Coun y Recorder of Deeds in
Mortgage Book 1883, Page 3069, (hereinafter referre to as the "PSECU Home
Equity Loan Mortgage"). (Plaintiff's Exhibit 6).
17. The PSECU Home Equity Loan Mortgage was take out to finance some
improvements to Hauck Road Property (fencing and the l ke) and was also used for
various other items. (Plaintiff's Exhibit 7).
18. The regular payment required by the PSECU Home Eq ity Loan Mortgage were
$201.01. (Plaintiff's Exhibit 8).
19. From date of the loan was obtained to date of hearin , White paid all of the
payments on the PSECU Home Equity Loan Mortgage. ( laintiff's Exhibit 8).
20. From 5/18/04 to 4/25/06, the total amount paid by hite on account of the
PSECU Home Equity Loan Mortgage, (including principal a d interest) is $4, 536.06.
(Plaintiff's Exhibit 8).
21. During the course of the parties' relationship White paid f r various improvements
and other items for the Hauck Road Property, includin but not limited to the
items specified on Plaintiff's Exhibit 9 totaling $3,991.75. (Plaintiff's Exhibit 9).
3
22.
23.
24.
25.
26.
27.
28.
29.
30.
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During the course of the parties' relationship Whit~ also paid various other
expenses for the parties' joint household. I
During the course of the parties' relationship Stevens p~id for most of the utilities
and various other expenses for the parties' joint hous~hold.
The parties lived in Hauck Road Property together fr m its date of acquisition
until on or about October 30, 2004 when Stevens left hat home.
Between October 30, 2004 and December 2005, Steven entered the Hauck Road
Property on numerous occasions to remove items ther from.
White stopped residing in the Hauck Road Property on r about 2/14/06, and the
Hauck Road Property has remained vacant since that ate.
The fair rental value of the Hauck Road Property, i chargeable, is $900 per
month. \ 2
During the period between 10/30/04 when Stevens mo ed out of the Hauck Road
Property and 2/14/06 when White moved out of the Ha ck Road Property, White
did not make any substantial repairs or improvement without consulting with
Stevens and did not otherwise treat the property as er own by changing it to
meet her needs and convenience or otherwise.
White had the Hauck Road Property appraised by Erik . Reisser, eRA on 5/7/05
as part of a proposed buyout and refinance, which ap raisal indicated that the
Hauck Road Property has a value of $168,500.00 on th t date.
On May 8, 2006, as part of the proposed sales listing ag eement White's Realtor,
1Stevens only claimed a fair rental value of $600.00 per mo tho If the Court decides to
award fair rental value, it should award no more than was claimed by Stevens in her pleadings
since she is bound by that claim.
2As set forth in the Proposed Conclusions of law, White sub its that fair rental value is
not chargeable based upon the facts presented and case law of thi Commonwealth.
4
Cathy Heike, of Exit Realty Capital Area, (hereina ter referred to as "the
Proposed Realtor"), prepared a Comparative Marke Analysis for the parties
which CMA indicated that the Hauck Road Property ha a value of $177,500.00.
(Plaintiff's Exhibit 11). I
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31. White also obtained a listing agreement from the Pr posed Realtor which was
provided to Stevens who up to the date of hearing refu ed to sign it. (Plaintiff's
Exhibit 12).
32. At the hearing held on 5/12/06, the parties advised th Court of their agreement
to sell the Hauck Road Property by a realtor and to us the Proposed Realtor as
that the listing agent.
33. As of 3/10/06 the balance owed on Principal Residenti l Purchase Price Mortgage
was $119,056.88) (Plaintiff's Exhibit 13).
34. As of 4/25/06 the PSECU Home Equity Loan Mortgage as $6,676.18 (Plaintiff's
Exhibit 14).
35. No person other than White and Stevens has any intere t in Hauck Road Property.
36. No partition or division of Hauck Road Property has ev r been made.
II. PROPOSED CONCLUSIONS OF LA
1. White and Stevens are the owners as joint tenants w'th rights of survivorship,
conveted to a tenancy in common by virtue of this par ition action the premises
described in Findings of Fact 3 herein, subject to the alance of $119,056.88 as
of 3/10/06, still unpaid, of the Principal Residential Purchase Price Mortgage
described in Findings of Fact 10 herein, and further ubject to the balance of
$6,676.18 as of 4/25/06, still unpaid, of the PSECU H me Equity Loan Mortgage
described in Findings of Fact 15 herein.
2. The said parties have equal undivided interests in sai premises, each interest,
however, being subject to the equitable charges set f rth in Conclusions of Law
herein stated.
3. Partition of the Hauck Road Property should be made etween the said owners,
in accordance with their said respective interests, in t is case on a 50/50 basis,
subject to the equitable charges set forth in the Conclus'ons of Law herein stated.
4. The Hauck Road Property cannot be divided without injury to or spoiling the
whole, and therefore the same should be sold and the roceeds divided between
said parties in accordance with Conclusions of Law her in stated.
5. In a partition action under the rules of procedure gov rning equity actions, an
equitable charge is to be made against a party's interest in the subject real estate
for the other's party's payment of the purchase price do n payment, mortgages,
taxes and insurance for which the non-paying party is r was liable3:
A. Fascione v. Fascione, 272 Pa.Super. 530, 416 A. d 1023 (1979): Mortgage
payments increase the equities of both parties r gardless of the exclusion
of the wife from the property. Thus, the hus and should properly be
reimbursed the amount of the wife's portion of the mortgage payment,
with such amount to be determined by the chan ellor.
B. Hiras v. Hiras, 73 PA. D. ft C. 759 (1974): In a p rtition action under the
rules of procedure governing equity actions, m rtgage payments which
increased the equity of both parties in the real state will be allowed as
a credit. This right to credit is unaffected by t e fact that he occupied
one of the four apartments in the building durin the period in question,
even if that occupation was to the exclusion of plaintiff. The mortgage
payments increased the equity of both parti s in the property and
3Care must be taken in reviewing the cited cases as there ar special statuses that
apply to cases of partition actions between spouses and to cases inv lving decedents that do
not apply to other cases. For example in the prior statute governin spousal partition cases,
the Court was not permitted to make adj ustments for mortgage pay ents as part of the
partition action. Rather a separate action had to be commenced to eal with those
adjustments.
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constitute a proper subject for a credit.
C. Weiskircher v. Connellv, 93 A. 1068 (1915): On -half of the expenditures
made by defendant in paying the purcha e-money note, making
improvements, and discharging incumbrances, held chargeable against
plaintiff's interest in the property on partition.
D. Wallick v. Wallick, 86 York 38, 58 PA. D. & C. d 286(1972): Payments
made by one cotenant on a mortgage are cha geable against the other
cotenant in a partition proceeding.
E. In re Sivak's Estate, 359 PA. 194, 58 A.2d 45 (1948): Fire insurance
premium paid by a tenant in common out of entals she received was
chargeable against fund raised in partition proc eding, though policy was
in her name alone, since cotenant would nevert eless have been entitled
to his share of the proceeds had a loss occurred
F. In re McGee's Estate, 12 Fay.L.J. 101 (1949): ne of several tenants in
common who has paid real estate taxes on the 'ointly owned property is
entitled in a partition proceeding to recover f om the other co-tenants
their proportionate shares of the taxes so paid.
G. SchlesinlJer v. Munlev, 67 Lack.Jur. 81 (1966): In partition proceedings,
where the former husband of plaintiff continu d to make the mortgage
payments, plaintiff's share of the value of he property is properly
chargeable with one-half of said payments.
4. Stevens is justly equitably liable to White in the sum f $750.00, being one-half
of the sum of $1,500.00 paid by White as a down pa ment on account of the
purchase of the Hauck Road Property.
5. Stevens is justly equitably liable to White in the sum f $210.00, being one-half
of the sum of $420.00 paid by White for the home ins ection performed as part
of the purchase of the Hauck Road Property.
7
6. Stevens is justly equitably liable to White in the sum of $ 5,790.30, being one-half
of the aggregate sum of $31,580.59 paid by White on account of the required
payments due under the Principal Residential Purchase rice Mortgage against the
Hauck Road Property.
7. Stevens is justly equitably liable to White in the sum of 2,268.03, being one-half
of the aggregate sum of $4,536.06 paid by White on account of the required
payments due under the PSECU Home Equity Loan Mo tgage against the Hauck
Road Property.
8. The amounts stated in Conclusions of Law 4 through 7 inclusive herein, totaling
19,018.334 as of the date of the hearing, constitute e uitable charges upon and
against the interest of Stevens in the Hauck Road Prope ty, which are the subject
of this partition, and said amounts should be paid to hite from Stevens' Share
of the proceeds, before any distribution shall be made etween the parties of the
balance of the proceeds arising from the partition of t e Hauck Road Property.
9. White is justly equitably liable to Stevens in the sum f $185.00, being one-half
of the sum of $370 paid by Stevens on account of t e homeowners insurance
policy for the year in advance at time of purchase of he Hauck Road Property.
10. White is justly equitably liable to Stevens in the sum of $5,617.35, being one-half
of the sum of $11,234.69 paid by Stevens on accoun of the remaining down
payment and closing costs for the purchase of the Hau k Road Property.
11. The amounts stated in Conclusions of Law 9-10 i clusive herein, totaling
$5,802.355 herein constitute an equitable charge upo and against the interest
of White in the Hauck Road Property, which are the su ject of this partition, and
said amount should be paid to Stevens from White's sha e, before any distribution
4S750 (down payment) + S210 (home inspection) + $15,790. O(Principal Residential
mortgage payments) + $2,268.03 (PSECU mortgage payments) = $1 ,018.33.
5$185 (homeowners insurance) + $5,617.35 (down payment & closing costs) =
$5,802.35.
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shall be made between the parties of the balance of the proceeds arising from the
partition of the Hauck Road Property.
12. Pursuant to the provisions of 68 P.S.!i 101, in an appr priate case the Court is
authorized to charge a party with the fair rental val e of the property. That
statute provides:
In all cases in which any real estate is no or shall be
hereafter held by two or more persons tenants in
common, and one or more of said tenant in common
shall have been or shall hereafter be in ossession of
said real estate, it shall be lawful for any ne or more
of said tenants in common, not in posse sion, to sue
for and recover from such tenants in poss ssion his or
their proportionate part of the rental v lue of said
real estate for the time such real estat shall have
been in possession as aforesaid; and in case of
partition of such real estate held in common as
aforesaid, the parties in possession shall have
deducted from their distributive shares of said real
estate the value thereof to which their c -tenants or
tenants are entitled.6
13. Two requirements must be satisfied before recovery of he fair rental value of the
premises will be permitted: (1) the complaining par y must show he is not in
possession of the premises; and (2) it must be shown hat the remaining tenant
in common occupies exclusive possession of the premis s. Sciotto v. Sciotto, 446
PA. 414, *419, 288 A.2d 822, **824) (PA. 1972).
14. For a party to be entitled to a share of the rental val e of the premises sold in
partition, it must appear that the party was out of pos ssion, and that the other
61f fair rental were awarded, the amount chargeable again t White's share and payable
to Stevens would be one-half of the fair rental value since Steven is a half owner and thus is
only entitled to half of the rents the same as of the property had een rented to a third
party.
9
party was in exclusive possession. HOIl v. Diehl, 134 Pa. uper. 14, 19, 3 A.2d 187,
189 (1938).
15. The statute7 is not automatically operative. The court have found that it more
equitable to hold that exclusive possession means that ne tenant alone occupied
the property and exercised the rights of an owner su h as making repairs and
changes to suit his convenience without consulting th others. Hooll v. Diehl,
134 Pa.Super. 14, 19, 3 A.2d 187, 189 (1938) citing udzinski v. D'Orazio, 80
Pa.Dist. 8: Co.R. 471, 475 (C.P.Mont.1952); See also: Grubbs v. Dembec, 241
Pa.Super. 18, *26, 359 A.2d 418, **422) (Pa.Super. 197 ).
16. There was no proof presented that White exclusively ccupied the Hauck Road
Property between 10/30/04 when Stevens vacated nd 2/14/06 when White
vacated the premises in accordance with the definiti n in Sciotta, Id. In fact,
White gave contrary testimony in that she stated that she did not make
substantial repairs, improvements or changes to t e property to suit her
convenience nor did she otherwise treat the property a if she were a sole owner.
17. Stevens is not entitled to an equitable charge of one h If of the fair rental value
of the property against White's distributive share sin e she did not prove that
White made repairs, improvements or changes to the Huck Road Property to suit
her convenience without consulting Stevens and/or 0 herwise acted as the sole
owner of the premises.
18. In order to prevent a foreclosure sale of the Hauck R ad Property, the regular
payments required under the Principal Residential Pu chase Price Mortgage and
the PSECU Home Equity Loan Mortgage until Hauck R ad Property is sold. The
parties should equally contribute to the payment of hose mortgages. To the
extent such payment is not made, it shall be dedu ted from the non-paying
party's share and paid to the other party before any istribution shall be made
between the said parties of the balance of the proceed arising from the partition
of the Hauck Road Property.
768 P.5.5 101
10
19. Based upon the foregoing, the proceeds to be derived f om the sale of the Hauck
Road Property shall be divided and distributed between he parties in accordance
with the calculations set forth on the chart attached h reto as Appendix "A".
D L1FF, ESQUIRE
e R ad
Camp Hill, PA 17011
Phone: (717) 7 7-0100
Fax: (717) 9750697
Supreme Cour ID # 32112
Attorney for K mberly A. White
11
(
CERTIFICATE OF SERVICE .
I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on May 31, 2006, I served a
true and correct copy of the Plaintiff's proposed Findings of Fa~t and Conclusions of Law
upon Defendant, by mailing same by first class mail, posta e prepaid, addressed as
follows:
Julie Stevens
1624 Green Street
Harrisburg, PA 17102
lANE G. RAD IFF, SQUIRE
3 rindle Road
Camp Hill, PA 17011
Phone: (717) 737-01 0
Fax: (717) 975-0697
Supreme Court ID # 2112
. .
Gross Sales Price.
(Estimated based on Plaintiff's Exhibit 11. actual price to be used)
Less Realtor's Commission @ 6% -
(Estimated based on sales price of $177,500- actual amount to be used)
Less 1% Transfer Taxes-
(Estimated based on sales price of $177,500- actual amount to be usee!)
Less Citi Mortgage Balance
(Estimated based on Plaintiff's Exhibit 13- Actual price to be usee!)
Less PSECU Mortgage -Balance
(Estimated based on Plaintiff's Exhibit 14- Actual price to be used)
Less Other Closing Costs
Net Equity
Half of Net Equity Preliminarily Assigned to Each Party
(1,7 5.00)
(119, 56.88)
(6,6 6.18)
BD
39, 41.94
19, 70.97
19,670.97
19,670.97
y, of White's down payment $1500
y, of White's home inspection @420
y, of White's Principal Mortgage payments @ 31,580.59
Y, of White's PSECU home equity loan payments @4,536.06
Subtotal Equitable Adjustment Amounts Owed to White by Stevens
~~I,~~;~~~I'~~.
y, of Steven's' insurance payment @370
y, of Stevens' down payment & closing costs @ $11,234.69
Subtotal Equitable Adjustment Amounts Owed to Stevens by White
7 0.00
2 0.00
15, 90.30
2, 68.03
19, 18.33
19,018.33
(19,018.33)
1 5.00
5, 17.35
5, 02.35
5,802.35
Subtotal Amount Due Parties after Equitable Adjustments
Plus or minus adjustment for payment of other party's share of post hearing
mortgage payments and necessary sales costs
Final Distribution to parties
32,886.95
TBD
6,454.99
TBD
TBD
TBD
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY A. WHITE,
Plaintiff
NO. 05-3973
v
CIVIL ACTION
JULIE STEVENS,
Defendant
EQUITABLE PARTITION OF REAL ESTATE
ORDER
ih
AND NOW, this 9 day of Junto. , 2006, a hearing having been held
in this case on May 12, 2006 and the parties having advised this Court that they wish to
sell the Real Estate known and numbered as 1010 Hauck Road, Mechanicsburg, PA 17055
("the Hauck Road Real Estate") and having agreed to use the services of Cathie Heika of
Exit Realty, for that purpose, IT IS HEREBY ORDERED as follows with respect to the
Hauck Road Real Estate:
1 . The parties shall list the Hauck Road Real Estate for sale with Cathie Heika of Exit
Realty (the "Realtor") and shall execute the listing agreement secured by Plaintiff
for that purpose and any other listing and sales documents required by the
Realtor.
2. The listing price shall be the price suggested by the Realtor, unless the parties
shall agree to a different price.
3. The parties shall thereafter market the Hauck Road Real Estate for sale and shall
sell the same at the best price obtainable, the parties further to follow all
reasonable advice given to them by the Realtor as to sales price and terms.
4. Pending the sale, the parties shall equally contribute to the payment of the two
(2) mortgages against the Hauck Road Real Estate, being the Citi Mortgage 1st
Mortgage and the PSECU Home Equity Loan.
5. The parties shall also equally contribute to all expense reasonably necessary to
effectuate the sale of the Hauck Road Real Estate including but not limited to
electric for the Hauck Road Real Estate, provided, however, that neither party
shall incur any such expense for which the other may be liable without the other
party's written consent or further Order of Court.
..--'
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6. This Order is entered as a partial resolution of this case. This Court retains
jurisdiction over this case to enter the final order after submission of the parties
proposed Findings of Fact and Conclusions of Law as required by this Court's May
12, 2006 Order of Court.
BY THE COURT:
'" -L ~~, Jr., Judge.
Distribution to:
Atorney for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011
~fendant Pro Se: Julie Stevens, 1624 Green Street, Harrisburg, PA 17102
.olo
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KIMBERLY A. WHITE,
PLAINTIFF
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: EQUITABLE PARTITION
JULIE STEVENS,
DEFENDANTS
: 05.3973 CIVIL
ORDER OF COURT
"'''
AND NOW, this \0 day of June, 2006, upon consideration of the
pleadings herein, and after a hearing, the Court makes the following Findings of
Fact:
1. Plaintiff is Kimberly A. White, an adult individual residing at 1100 S.
York Road, Dillsburg, PA 17109. (Plaintiff is hereinafter referred to as 'White").
2. Defendant is Julie Stevens, an adult individual residing at 1624 Green
Street, Harrisburg, Dauphin County, Pennsylvania. (Defendant is hereinafter
referred to as "Stevens").
3. White and Stevens are the joint owners of certain real estate known
and numbered as 1010 Hauck Road, Mechanicsburg, Cumberland County, PA
hereinafter described, (hereinafter referred to as "the Hauck Road Property").
4. The purchase price of the Hauck Road Property was $129,900.00.
5. The parties held title to the Hauck Road Property on an equal
undivided one half basis as joint tenants with the right of survivorship.
6. On May 4, 2003 White, paid $1500.00 as the down payment for the
purchase price of the Hauck Road Property.
7. On May 10, 2003, White by her check #1622 paid Stevens $420.00 for
the home inspection of the Hauck Road Property prior to its purchase. Stevens
c. .
"
then paid Enviroquest $420 for this home inspection using the $420.00 she
received from White for this purpose.
B. On July 31, 2003, Stevens paid $370.00 for the homeowner's
insurance premium for one year in advance.
9. At settlement on August B, 2003, Stevens paid the remaining down
payment and closing costs of $11 ,234.00.
10. The rest of the purchase price was financed through a loan with
Principal Residential Mortgage, Inc., loan #635-0, serviced by CitiMortgage in the
face amount of $123,405.00 secured by a mortgage dated August B, 2003.
(hereinafter referred to as the "Principal Residential Purchase Price Mortgage").
11. The payments required by the Principal Residential Purchase
Mortgage varied from $923.66 to $9B5.1 B and included a required escrow
payment for taxes and insurance.
12. From October 2, 2003 to May 9, 2006, White paid all of the payments
on the Principal Residential Purchase Price Mortgage, including principal,
interest and the escrow payments for taxes and insurance in the amount of
$31,580.59.
13. On or about May 10, 2004, the parties obtained a home equity loan
from PSECU in the face amount of $10,400.00, and secured a mortgage dated
May 10, 2004. (hereinafter referred to as the "PSECU Home Equity Loan
Mortgage").
14. The regular payment required by the PSECU Home Equity Loan
Mortgage was $201.01. From May 1 B, 2004 to April 25, 2006, the total amount
.' ,
'.
paid by White on account of the PSECU Home Equity Loan Mortgage, (including
principal and interest) is $4,536.06. Stevens made no payments on this
mortgage.
15. During the course of the parties' relationship, both parties contributed
financially to their personal up keep and maintenance of the Hauck Road
Property.
16. The parties lived in Hauck Road Property together from its date of
acquisition until on or about November 20, 2004.
17. On November 20, 2004, White told Stevens not to return to the
property and took exclusive possession of the Hauck Road Property.
18. White stopped residing in the Hauck Road Property on or about
February 14, 2006, and the Hauck Road Property has remained vacant since
that date.
19. Stevens was excluded from the Hauck Road Property for 85 days.
20. The fair rental value of the Hauck Road Property is $900.00 per
month or $29.59 per day.
21. White had the Hauck Road Property appraised by Erik J. Reisser,
CRA, on May 7,2005, as part of a proposed buyout and refinance, which
appraisal indicated that the Hauck Road Property has a value of $168,500.00 on
that date.
22. On May 8,2006, as part of the proposed sales listing agreement
White's Realtor, Cathy Heike, of Exit Realty Capital Area (hereinafter referred to
as "the Proposed Realtor"), prepared a Comparative Market Analysis for the
'.
parties which indicated that the Hauck Road Property had a value of
$177,500.00.
23. As of March 10,2006, the balance owed on Principal Residential
Purchase Price Mortgage was $119,056.88.
24. As of April 25, 2006, the PSECU Home Equity Loan Mortgage was
$6,676.18.
AND NOW, after application of the law to the above stated facts, the
following settlement IS HEREBY ORDERED AND DIRECTED:
1. The parties' property at 1010 Hauck Road, Mechanicsburg, PA iSi
directed to be sold pursuant to the provisions of the previous order of court dated
June 9, 2006.
2. All mortgages recorded against the real estate located at 1010 Hauck
Road, Mechanicsburg, PA shall be satisfied from the proceeds of the sale.
3. Legitimate closing costs shall be satisfied from the proceeds of the
sale.
4. Any remaining funds shall be divided equally among the parties subject
to the following credits:
A. Defendant Stevens will pay Plaintiff White the following from her
share:
1. $750.00 (one half of the $1500.00 down payment)
2. $210.00 (one half of the home inspection fee)
3. $15,790.30 (one half of the mortgage paid on the Principal
Residential Purchase Mortgage $31,580.59 paid until
May 9, 2006)
4. $2,268.03 (one half of the PSECU Home Equity Loan paid
through April 25, 2006)
TOTAL: $19,018.33
B. Plaintiff White will pay Defendant Stevens the following from her share:
1. $185.00 (one half of the $370.00 initial home insurance
payment).
2. $5,617.35 (one half of the down payment and closing
costs of $11, 234.69)
3. $1,257.58 (one half of the rental value of the property for 85
days amounting to $2,515.15 for the period of
November 24, 2005 to February 14, 2006).
TOTAL: $7,059.93
5. Upon sale of the property the amount of money remaining after
payment of closing costs and mortgages shall be placed in escrow and the
Court shall be notified of the remaining amount.
6. Within five days of the closing, the parties may submit request for final
adjustment to the amounts set forth in paragraph 4 above only to the extent that
either party has made additional payments on the Principal Residential
Purchase Mortgage or the PSECU Home Equity Loan Mortgage since the dates
indicated.
By the Court,
J.
'o~
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KIMBERLY A. WHITE,
PLAINTIFF
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: EQUITABLE PARTITION
JULIE STEVENS,
DEFENDANTS
: 05-3973 CIVIL
AMENDED ORDER OF COURT
AND NOW, this 22nd day of June, 2006, upon discovery that the Court
made an error with regard to the calculation of the number of days that Plaintiff
was in exclusive possession of the Hauck Road Property, the Order of Court
dated June 20, 2006 is hereby amended as follows:
1. Paragraph 19 of the Findings of Fact is amended to read Stevens was
excluded from the Hauck Road Property for 450 days.
2. Paragraph 4 B 3 of the Settlement Order is amended to read as
follows, $6,657.75 (one half of the rental value of the property for 450
days amounting to $13,315.50 for the period of November 21, 2004 to
February 14, 2006).
TOTAL: $12,460.10
By the Court,
1.
J.
M. L. Ebert, Jr.,
Diane G. Radcliff, Esquire
Attorney for Plaintiff
Julie Stevens
Pro Se
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY A. WHITE,
Plaintiff
; NO. 05.3973
v
; CIVIL ACTION
JULIE STEVENS,
: EQUITABLE PARTITION
Defendant
PLAINTIFF'S CALCULATIONS OF THE FINAL DISTRIBUTION OF
THE PROCEEDS FROM THE SALE OF 1010 HAUCK ROAD
AND NOW, September 6, 2006, comes the Plaintiff, Kimberly White, by her attorney,
Diane G. Radcliff, Esquire, and provides this Honorable Court with Plaintiff's calcualtions
of the final distribution of the proceeds from the sale of 1010 Hauck Road, the property
which is the subjecty of this Partition proceeding, as required by this Court's Order
dated June 20, 2006.
Respectfully submitted,
DCLlFF, E
Tr' e Road
Camp Hill, PA 17011
Phone: (717) 737-0100
Supreme Court ID # 32112
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY A. WHITE, .
Plaintiff : NO. 05-3973
v
; CIVIL ACTION
: EQUITABLE PARTITION
JULIE STEVENS,
Defendant
4 Y, of White's down payment@ $1500 750.00
5 Y, of White's home inspection @ $420 210.00
6 Y, of White's Principal Mortgage payments @ $31 ,580.59 to 5.9.06 15,790.30
7 Y, of White's PSECU home equity loan payments @$4,536.06 to 4.25.06 2,268.03
8 Subtotal Equitable Adjustment Amounts Owed to White by Stevens 4 19,018.33 19,018.33 (19,018.33)
9
10 Y, of Steven's' insurance payment @ $370 185.00
11 'j, of Stevens' down payment & closing costs @ $11,234.69 5,617.35
12 'j, of Fair Rental Value @ $13,314 6,657.75
13 Subtotal Equitable Adjustment Amounts Owed to Stevens by White 5 12,460.10 112.460.101 12.460.10
14
15
16
17 Y, of 6.7.06 Principal Mortgage Payment @ $956.60 6 478.30
18 Y, of 6.1.06 PSECU Home Equity Loan Payment @ $201.01 7 100.51
19 Y, of 7.5.06 PSECU Home Equity Loan Payment@ $201.01 8 100.50
20 Y, of 7.28.06 PSECU Home Equity Loan Payment@ $201.01 9 100.51
21 Y, of 7.12.06 Met Ed Electric Bill @ $22.03 10 11.01
22 Y, of 8.31.06 Met Ed Electric Bill @ $24.89 11 12.45
23 Subtotal Post Trial Equitable Adjustment Amounts Owed to White by 803.28 803.28 (803.28)
Stevens
24
25 Final Distribution to Each Party from Sales Proceeds after Post.Trial 24,476.61 9,753.59
Equitable Adjustments
ENDNOTES:
1. The 6.20.06 Order is attached hereto, marked Exhibit "A" and made a part
hereof.
2. The 6.22.06 Order is attached hereto, marked Exhibit "8" and made a part
hereof.
3. The HUD.1 Settlement Sheet for the sale of Hauck Road, is attached hereto,
marked Exhibit "C" and made a part hereof.
4. See 6.20.06 Order attached as Exhibit "A".
5. See 6.20.06 Order attached as Exhibit "A" and 6.22.06 Order attached hereto as
Exhibit "6".
6. See statements, checks and checking account statements for the payment of the
Principal Mortgage payments paid by Plaintiff post separation with no contribution
from Defendant, attached hereto, marked Exhibit "D" and made a part hereof.
7. See statements, checks and checking account statements for the payment of the
PSECU Home Equity Loan mortgage payments paid by Plaintiff post separation with
no contribution from Defendant, attached hereto, marked Exhibit "E" and made a
part hereof.
8. See Endnote 7.
9. See Endnote 7.
10. See statements, checks and checking account statements for the payment of the
Met Ed payments for the electric for the hauck Road property paid by Plaintiff post
separation with no contribution from Defendant, attached hereto, marked Exhibit
"F" and made a part hereof.
11. See Endnote 1 O.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY A. WHITE,
Plaintiff
: NO. 05-3973
v
: CIVIL ACTION
JULIE STEVENS,
: EQUITABLE PARTITION
Defendant
CERTIFICATE OF SERVICE
I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on September 6, 2006, I
served a true and correct copy of the Plaintiff's Calculations of the Final Distribution
of the Proceeds from the Sale of 1010 Hauck Road, upon Julie Stevens, by mailing
same by first class mail, postage prepaid, addressed as follows;
Julie Stevens
1624 Green Street
Harrisburg, PA 17102
NE G. L1FF, ESQUIRE
n Ie Road
Camp Hill, PA 17011
Phone: (717)737-0100
Fax; (717) 975-0697
Supreme Court ID # 32112
EXHIBIT" A"
6.20.06 ORDER
KIMBERLY A. WHITE,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: EQUITABLE PARTITION
JULIE STEVENS,
DEFENDANTS
: 05-3973 CIVIL
ORDER OF COURT
........
AND NOW, this to day of June, 2006, upon consideration of the
pleadings herein, and after a hearing, the Court makes the following Findings of
Fact:
1. Plaintiff is Kimberly A. White, an adult individual residing at 1100 S.
York Road, Dillsburg, PA 17109. (Plaintiff is hereinafter referred to as "White").
2. Defendant is Julie Stevens, an adult individual residing at 1624 Green
Street, Harrisburg, Dauphin County, Pennsylvania. (Defendant is hereinafter
referred to as "Stevens").
3. White and Stevens are the jOint owners of certain real estate known
and numbered as 1010 Hauck Road, Mechanicsburg, Cumberland County, PA
hereinafter described, (hereinafter referred to as "the Hauck Road Property").
4. The purchase price of the Hauck Road Property was $129,900.00.
5. The parties held title to the Hauck Road Property on an equal
undivided one half basis as joint tenants with the right of survivorship.
6. On May 4, 2003 White, paid $1500.00 as the down payment for the
purchase price of the Hauck Road Property.
7. On May 10, 2003, White by her check #1622 paid Stevens $420.00 for
the home inspection of the Hauck Road Property prior to its purchase. Stevens
then paid Enviroquest $420 for this home inspection using the $420.00 she
received from White for this purpose.
8. On July 31, 2003, Stevens paid $370.00 for the homeowner's
insurance premium for one year in advance.
9. At settlement on August 8, 2003, Stevens paid the remaining down
payment and closing costs of $11 ,234.00.
10. The rest of the purchase price was financed through a loan with
Principal Residential Mortgage, Inc., loan #635-0, serviced by CitiMortgage in the
face amount of $123,405.00 secured by a mortgage dated August 8,2003.
(hereinafter referred to as the "Principal Residential Purchase Price Mortgage").
11. The payments required by the Principal Residential Purchase
Mortgage varied from $923.66 to $985.18 and included a required escrow
payment for taxes and insurance.
12. From October 2, 2003 to May 9, 2006, White paid all of the payments
on the Principal Residential Purchase Price Mortgage, including principal,
interest and the escrow payments for taxes and insurance in the amount of
$31,580.59.
13. On or about May 10, 2004, the parties obtained a home equity loan
from PSECU in the face amount of $1 0,400.00, and secured a mortgage dated
May 10, 2004. (hereinafter referred to as the "PSECU Home Equity Loan
Mortgage").
14. The regular payment required by the PSECU Home Equity Loan
Mortgage was $201.01. From May 18, 2004 to April 25, 2006, the total amount
paid by White on account of the PSECU Home Equity Loan Mortgage, (including
principal and interest) is $4,536.06. Stevens made no payments on this
mortgage.
15. During the course of the parties' relationship, both parties contributed
financially to their personal up keep and maintenance of the Hauck Road
Property.
16. The parties lived in Hauck Road Property together from its date of
acquisition until on or about November 20, 2004.
17. On November 20,2004, White told Stevens not to return to the
property and took exclusive possession of the Hauck Road Property.
18. White stopped residing in the Hauck Road Property on or about
February 14, 2006, and the Hauck Road Property has remained vacant since
that date.
19. Stevens was excluded from the Hauck Road Property for 85 days.
20. The fair rental value of the Hauck Road Property is $900.00 per
month or $29.59 per day.
21. White had the Hauck Road Property appraised by Erik J. Reisser,
eRA, on May 7, 2005, as part of a proposed buyout and refinance, which
appraisal indicated that the Hauck Road Property has a value of $168,500.00 on
that date.
22. On May 8, 2006, as part of the proposed sales listing agreement
White's Realtor, Cathy Heike, of Exit Realty Capital Area (hereinafter referred to
as "the Proposed Realtor"), prepared a Comparative Market Analysis for the
parties which indicated that the Hauck Road Property had a value of
$177,500.00.
23. As of March 10,2006. the balance owed on Principal Residential
Purchase Price Mortgage was $119,056.88.
24. As of April 25. 2006, the PSECU Home Equity Loan Mortgage was
$6,676.18.
AND NOW, after application of the law to the above stated facts, the
following settlement IS HEREBY ORDERED AND DIRECTED:
1. The parties' property at 1010 Hauck Road, Mechanicsburg, PA is
directed to be sold pursuant to the provisions of the previous order of court dated
June 9, 2006.
2. All mortgages recorded against the real estate located at 1010 Hauck
Road, Mechanicsburg, PA shall be satisfied from the proceeds of the sale.
3. Legitimate closing costs shall be satisfied from the proceeds of the
sale.
4. Any remaining funds shall be divided equally among the parties subject
to the following credits:
A. Defendant Stevens will pay Plaintiff White the following from her
share:
1. $750.00 (oQe half of the $1500.00 down payment)
2. $210.00 (one half of the home inspection fee)
3. $15,790.30 (one half of the mortgage paid on the Principal
Residential Purchase Mortgage $31,580.59 paid until
May 9, 2006)
4. $2,268.03 (one half of the PSECU Home Equity Loan paid
through April 25, 2006)
TOTAL: $19,018.33
B. Plaintiff White will pay Defendant Stevens the following from her share:
1. $185.00 (one half of the $370.00 initial home insurance
payment).
2. $5,617.35 (one half of the down payment and closing
costs of $11,234.69)
3. $1,257.58 (one half of the rental value of the property for 85
days amounting to $2,515.15 for the period of
November 24, 2005 to February 14, 2006).
TOTAL: $7,059.93
5. Upon sale of the property the amount of money remaining after
payment of closing costs and mortgages shall be placed in escrow and the
Court shall be notified of the remaining amount.
6. Within five days of the closing, the parties may submit request for final
adjustment to the amounts set forth in paragraph 4 above only to the extent that
either party has made additional payments on the Principal Residential
Purchase Mortgage or the PSECU Home Equity Loan Mortgage since the dates
indicated.
By the Court,
Diane G. Radcliff, Esquire
Attorney for Plaintiff
J.
Julie Stevens
Pro Se
bas
EXHIBIT "B"
6.22.06 ORDER
KIMBERLY A. WHITE,
PLAINTIFF
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: EQUITABLE PARTITION
JULIE STEVENS,
DEFENDANTS
: 05-3973 CIVIL
AMENDED ORDER OF COURT
AND NOW, this 22nd day of June, 2006, upon discovery that the Court
made an error with regard to the calculation of the number of days that Plaintiff
was in exclusive possession of the Hauck Road Property, the Order of Court
dated June 20, 2006 is hereby amended as follows:
1. Paragraph 19 of the Findings of Fact is amended to read Stevens was
excluded from the Hauck Road Property for 450 days.
2. Paragraph 4 B 3 of the Settlement Order is amended to read as
follows, $6,657.75 (one half of the rental value of the property for 450
days amounting to $13,315.50 for the period of November 21, 2004 to
February 14, 2006).
TOTAL: $12,460.10
By the Court,
t.
J.
M. L. Ebert, Jr.,
Diane G. Radcliff, Esquire
Attorney for Plaintiff
Julie Stevens
Pro Se
rRl!E COPY FROM PtECORU
I II T IItlnloAlt whenJof. I her. unIID set my IIaACl
md till .. ., said ~ aa CarIiIle, PL
fhi& ~ .3 _ 02tJl)~
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EXHIBIT "C"
HUD-l SETTLEMENT SHEET
A. Settlement Statement
u.s. De~rtment of Housing
and Urban Development
OMB Approval No. 2502-0265
B. Type of loan
1. [ ] FHA 2. [ ] FmHA 3 [X] Conv Unms 16 FIle Number: 17 Loan Number: 18. Mortgage Insurance Case Number:
4. [ ] VA 5. [ ] Cony. Ins. 400601564-CB 0039381843
C. NOTE: This form Is furnished to give you a slatemen! of actual settlement costs. Amounts paid to and by the settlemenl agent are shown. Items
marked "(p.o.c.)" were paid outside of the closing; they are shown here for Infotmetional purposes and are not Included in the totals.
D. Neme and Ac:Idtua ofBon-ower IE. N.m. .nd Add..... olSen.r IF, Nam. and Ac:Id~.. of Lend.r
KRIST(jPHER S. KERSTElTER AND AMY KIMBERLY A. WHITE AND JULIE C. ERA HOME lOANS
l. CORNMAN STEVENS 3000 lEADENHALl ROAD.
MOUNT LAUREL, NJ 08054
1100 S YORK RD
DILlSBURG, PA 17019
614 STATE ST.
LEMOYNE, PA 17043
G. Property locaUon
H. Sethment Agenl
1010 HAUCK ROAD, ECURED LAND TRANSFERS. MECHANICSBURG
MECHANICSBURG, PA. 17055 Place of Settlement I. Seltlement Date 0810112006
COUNTY: CUMBERLAND 19 NORTH BAlTIMOREST Disbursement Dalll 0910112006
PARCEL 10: 22-09-0539-020. DILLSBURG, PA 17019-1354
TOWNSHIP: MONROE TOWNSHIP
J. SUMMARY OF BORROWER'S TRANSACTIONS K. SUMMARY OF SELLER'S TRANSACTIONS
100. Gro.. Amount Due From Borrower 400. Groll Amount Du. To Seller
101. Contract Sales Pries $175.000.00 401. Contract Sales Price $175,000.00
102. Personal Property 402. Personal Property
103. Settlement Charg85 to Borrower $4,741.20 40'.
Adjustments For ItAlme P.ld By Seller In Advanctl AdjustmMlts For Items Paid By Seller In Advanctl
113. CltyfTown Tsxae 413. Cityrrown Taxes
114. County Taxes 343.41/yr 9/112006 to 1/112007 $114.78 414. County Taxes 343.41/yr 9/112006 to 1/1/2007 $114.78
115. School Taxes 1 ,273. 17Jyr 9/112006 to 7/1/2007 $1,056.91 415. School Taxes 1,273.17Jyr9l1/200610 7/112007 $1,058.91
118. Assessments 418. As..ssmenta
119. 419.
120. Gross Amount Due From Borrow.r I $180,912.89 .420. Oross Amount Due To Saller I $176,171.69
200. Amounts Paid By Or In Behalf Of Bo.....,..r 500. ReducUonaln Amount Due To Seller
201. Daposit or Eam851 Money $1,000.00 501. Excess Deposits
202. Principal LOBn Amount from ERA Home loens $135,000.00 502. letUement Charges to SeU.r $48,417.37
203. Existing Loan(s) Taken Subject to 503. Exlsllng Loen(s) Taken Subject to
204. 504. Peyoff First Mortgage to Cllimortgage, Inc. $121.518.17
205. SOS. Payoff Second MortgBge Ie. PSECU 56,236.15
Adjustments For ttems Unpaid By Sellar Adjustments For ttem. UnPfild By SeUer
210. 510.
211. 511.
212. 512.
213. Cityrrown Taxes 513. CityfTown Tax85
214. County Taxes 514. County Taxes
218. Assessments 518. Assessments
219. 519.
220. Buye,'. Total C,.dlts
300. C.sh At Settlement FromfTo Borrowar
301. Gross Amount Due From Borrower (tine 120)
302. Less Amounts Paid By/For Borrower (line 220)
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$136.000.00 520. Saller's Total Challl" I
600. Cash At Sam.....nt TO/From SaU.r
$180,912.89 801. Gross Amount Due To Seller (Une420)
$138,000.00 602. less Oeductlonsln AmI. Due To Seller {line 520)1
$176,171.69
$176,171.69
$176,171.69
303. Ca.h (X J From I 1 To Borrower
$44,912.89 603. C.sh [ ) To [X J From Seller
$0.00
400601564 - CB
L S.ttl.m.nt kllltem.nt'
700. Total Sa" Comml..lon 175000.00 CD 6 % -10500.00
Division of Commission (line 700) As Follows:
701. $5275.00 10 Exit Realty Capital Area
70'.. $5225.00 to ERA-NRT, Inc.
703. Commission paid at settlemenl
708. Transaction Fee 10 Exit Realty Capital Area
709. Broker Administrative Fee to ERA-NRT, Inc.
Page 2
Paid From Borrower's
Funds At Settlement
Paid From Seller's
Funds At Settlement
$10,500.00
$125.00
$165.00
BOO. ltema Payable In Connection WIth Loan
601. Loan Origination Fee
602. Loan Discount
603. Appraisel Fee
804. Credit Report 10 FNMA CBC (POC 19.20 by Lender)
805. Lender Inspectlon Fee
810. Documenl Preparatton to ERA Home Loans (POC 65.00 by Lender)
612. Flood Cert. Fee to Stars (POC 19.50 by Lender)
815. Application Fee to ERA Home Loans (POC 515.00 by Lender)
900. Items Required By Lender To Be Paid In Advan"
901 . Interest from 09fOl108 to1OJ01106@25.3fdey
902 . Mortgage Insurance Premium
903. Hazard Ins. Premium State Farm Insurance (POC 506.00 by Buyet)
904 Flood Ins. Premium
1000. R...",.. Deposited With Lender
1001. Hazard Ins. Reserve 3 mo@35.oo/moERAHomeLoens
1002. Mortgage Ins. Reserve
1003. CIty Property Texes
1004. County Property Taxes 9 mo 028.62/ me ERA Home Loens
1005. School Taxes 5 mo 0106.10 / mo ERA Home Loans
1010. Aggregate Accounting Adjustment from ERA Home Loans
1100. Title Charge.
1101. Settlement/Closing Fee
1102. Abstract or Title Seerch
1103. Title examination
1104. Title Insurance Binder
1105. Document preparation Deed to Law OffIces of Kevin R. Helm, LLC
1106. Notary fee to Cash
1107. Attorney Fee
1108. Tltla Ins. Tolal to Secured Land Transfers - MtlChanlcsburg
1109. lender's Coverage $135000.00 ($)
1110. Owner's Coverage $175000.00 ($1010.38)RI
1111. Endol1lernentll.10013001900 ($150.00) to Secured Land TransfBB. Mechenlc8burg
1119. Wire Transfer Fee to Secured Land Transfers. Mechanicsburg
1127. Electronic Delivery & Handling Fee to Secured Land Transfers- Mechanicsburg
1138. ProcesslngfTex Cert. to Secured Land Transfers - Mechanlcsburg
1140. Overnight Mell to Secured Land Tranlfen . Mechanlcsburg
1200. Government Recordlng And Tran.ter Ch.rges
1201. Recording Fees for Deed 38.50; Recording Fees for Mortgage 64.50
1202. City/County Tax/Stampa 1750.00
1203. State Deed Tax 1750.00
$759.00
$105.00
$257.58
$530.50
-$214.26
$20.00
$100.00
$10.00
$1,010.JD
$150.00
$35.00
$SO.OO
$20.00
$10.00
S40.oo
$103.00
$1,750.00
$1,750.00
1300. AddlUon.1 Settlamant Charges
1302. Pest inspection (POC Buyer)
1303. Home Warranty to Home Warranty of America $379.00
1305. Welt Cert (POC Buyer)
1307.2006-2007 School to Mary A. Murray, Tax Collector $1,273.17
1308. Escrow Hold Per Court order to Secured Land Transfers - Mechanlcsburg $34,230.20
1400. Total Sattlement Charg.. $4,741.20 $48,417.37
I have carefully reviewed the HUD-1 Settlement Statement end to the best of my knowledge and belief It Is true and accurate statement of all receipts and disbursements
made on my account or by me in thIs transection. I lurth8l" certify that I have received a copy of the HUD-' Settlement Statement.
SEL~~roL~
~m ~ "tS\=J-
JulieC. Stevena
The HUD.1 ttlement Statement which J have prepared!s a true and accurate account of thla transection. I have caused or will cause the funds to be dIsbursed in
accordence with thIs statement.
BUYERS
"W.men. Ag.n' C. 6 a
#'u1 17 ,{' t'tC ( '/ -/K.J..~.
SECURED LAND TRANSFERS - MECHANICSBURG
De"
0910112006
EXHIBIT "D"
POST TRIAL PRINCIPAL MORTGAGE PAYMENTS
PSE(~ I1III1
r.U. OOX "/U I J \'11 J LJ4'0404 \"arnsourg)
Harrisburg, PA 17106.7013 (800) 237 -7328 (Nationwide)
website - http://www.psecu.com
Pennsylvania Slole Employees Credit Union
WITHDRAWAL AT ATM 100005477/PD0275
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NEED A NEW VEHICLE?
GET A LOAN FROM PSECU!
LOW RATES & FAST LOAN DECISIONS.
APPLY ONLINE WWW.PSECU.COM
OR CALL .8'00.l:UAN.~55
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EXHIBIT "E"
POST TRIAL PSECU HOME EQUITY LOAN PAYMENTS
Page 1 of 1
Account History
Please Note: You may only view up to three months at a time.
Your history will be retrieved based on the choices given below. Please select the account, start date,
end date, and the order to display the transactions. You may select your date range either by using
the calendar next to the date field or by entering the start and end date in mm/ddlyy format in the
appropriate box.
Account: I REAL ESTATE EQUITY LOAN (L50) iJ
Start Date: 15/29/2006 .
End Date: 18/28/2006 .
Transaction Order: I Chronological .:J
Continue I
Effective Transaction Description Principal Interest Late Balance CheckIMisc
Date Fee
6/1/2006 PAYMENT HOME BANKING TRANSFER -$167.68 $33.33 $0.00 $6,508.50
FROM SHARE 04
7/5/2006 PAYMENT HOME BANKING TRANSFER -$168.52 $32.49 $0.00 $6,339.98
FROM SHARE 04
7/2812006 PAYMENT HOME BANKING TRANSFER -$169.36 $31.65 $0.00 $6,170.62
FROM SHARE 04
BacktoTop I
Download for Quicken/MS Money
https://homebank.psecu.com/homebank/History/history.asp
~1~8/2006
8/2006
EXHIBIT "F"
POST TRIAL MET ED ELECTRIC PAYMENTS
jtwcount Number. 10 00 66 4515 8 2 I Page 3 of 4
KIMBERLY A WHITE Invoice Number. 95n1214136 M7l
Met-Ed welcomes you as a customer. We look forward to selVing you.
Keystone HELP - Pennsylvania's new unsecured loan program - provides special financing rates for homeowners
to purohase ENERGYSTAR and other qualifying energy-eflicient prociJcts. For fast approval. or to find an approved
contractor/dealer in your area, visit www.keystonehelp.com. or call toll-free 1-888-232-3477.
Tree branches and shrubs - and insects that nest in vegetation - can make it difficult and, at times, unsafe for our
6IJll/oyees to read your meter. Please be sura your meter is easily accessible by clearing the path to it and the area
around it.
When contacting an Electric Generation St.Wier, please provide the customer numbers below.
Call Met-Ed at 1__545-7741 with questions on these charges.
Met-Ed Basic Charges
Customer Number: 0803996390 0002328734. Residential 0 ME_RS_01D
Customer Charge
Generation Charges
Transmission Charges
Distribution Charg~
Transition Charges
state Tax Surcharge
Total State Tax Surcharge
6.67
1.47
0.06
0.97
0.25
0.02
0.09
0.11 0.11
12.50
$ 22.03
32 KWH
32 KWH
32 KWH
32 KWH
x 0.046060
x 0.001720
x 0.030290
x 0.007670
Service Charge
Total Met-Ed Charges
Residential
Meter Number
Present KWH Reading (Actual)
Previous KWH Reading (Actual)
Kilowatt Hours Used
G93152265
65,638
65,606
32
Usage Comparison
35
30
25
20
15
10
5
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N N N N N N N N N N N N
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A-Actual E-Estimate C-Customer NoNo Usage
Average Daily Use (KWH)
Average Daily Temperature
Days in Billing Period
last 1 Months Use (KWH)
Average Monthly Use (KV(H)
Jun 06
1
64
29
32
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PSEC4P I1III11
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Harrisburg, PA 17106-7013 (800) 237-7328 (Nationwide)
website - http://www.psecu.com
Pennsyl J0l110 Slole Employees Credit Union
NEW CLOTHES, BOOKS, SCHOOL
SUPPLIES. GET EVERYTHING YOU
NEED FOR THE NEW SC~OPL. YEAR
WITH A SIGNATURE L~AN;.AP~LY NOW!
WWW.PSECU.C0I1.800.i.~t:(.555.. .
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Return this part with a check or money order
Payable to Met.Ed
Account Number: 100066451582
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Please Pay $24.89
Due By September 05, 2006
MET-ED
PO BOX 3687
AKRON OH 44309-3687
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Bill lor: KIMBERLY A WHITE
1010 HAUCK RD
MECHANICSBURG PA 1705.~
August 14, 2006
I Account Number: 10 00 66 4515 8 21
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I Account Number: 10 00 66 4515 8 21
Bill lor: KIMBERLY A WHITE
1010 HAUCK RD
MECHANICSBURG PA 17055
July 17, 2006
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY A. WHITE,
Plaintiff
NO. 05-3973 Civil Term
V.
CIVIL ACTION
JULIE STEVENS,
EQUITABLE PARTITION
Defendant
DEFENDANT'S FINAL DISTRIBUTION CALCULATIONS
AND NOW, September 26, 2006, comes the Defendant, Julie C.
Stevens, pro se, and provides this Honorable Court with
Defendant's calculations for the final distribution of the
proceeds from the sale of 1010 Hauck Road, the property
which is the subject of this Partition proceeding, as
required by this Court's Order, dated June 20, 2006.
Respectfully Submitted,
J~~
Julie C. Stevens, Defendant, pro se
1624 Green Street
Harrisburg PA 17102
Phone: 717-379-2502
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY A. WHITE,
Plaintiff
NO. 05-3973
v
CIVIL ACTION
JULIE STEVENS,
EQUITABLE PARTITION
Defendant
DEFENDANT'S CALCULATIONS FOR THE PARTIES' DISTRIBUTIVE SHARES AS PER 6/20/06 ORDER1, AS AMENDED BY
6/22/06 ORDER2
Line
No.
Description
Amount
1
Net Equity from Sale of Hauck Road'"
35,503.37
3 Adjusted Amounts Owed to R~ White by 6/20/06 Order of Court
1/2 of White's down payment @ $1,500.00
1/2 of White's home inspection @ $420.00
1/2 of White's principal Mortgage Payments @ $31,580.59 to 5/9/06
1/2 of White's PSECU home equity loan payments @ $4,536.06 to 4/25/06
8
SUBTOTAL EQUITABLE ADJUSTMENT AMOtmTS OWED TO WHITEs
-19,018.33
9 Adjusted Amounts Owed to JUlie Stevens by 6/22 Order of Court
10 1/2 of Stevens' insurance payment @ $370.00
11 1/2 of Stevens' down payment & closing costs @ $11,234.69
12 1/2 of Fair Rental Value @ $13,314.00
13 SUBTOTAL EQUITABLE ADJUSTMENT AMOtmTS OWED TO STJNENS'
185.00
5,617.35
6,657.75
-12,460.10
14 Poat-Tria1 Equitable Adjustment Amounta Owed to JUlie Stevena
17 Remaining Net Equity from Sale of Hauck Road to be Divided Among the Parties
2,205.15
19 Final Distributiona to J:aah party
20 SUBTOTAL EQUITABLE ADJUSTMENTS DUE EACH PARTY
21 POST-TRIAL EQUITABLE ADJUSTMENT OWED TO STEVENS
22 1/2 REMAINING NET EQUITY TO BE DIVIDED AMONG THE PARTIES
23 TOTALS
Steveua
White
12,460.10
19,018.33
1,819.79
1,102.57
1,102.58
15.382.46
20.120.91
ENDNOTES:
1. The 6/20/06 Order is attached hereto, marked Exhibit "A"
and made a part hereof.
2. The 6/22/06 Amended Order is attached hereto, marked
Exhibit "B" and made a part hereof.
3. The HUD-1 Settlement Sheet for the sale of Hauck Road is
attached hereto, marked Exhibit "e" and made a part
hereof.
4. The CitiMortgage final payoff worksheet showing paid
school taxes as of 8/3/06 is attached hereto, marked
Exhibit "D" and made a part hereof. School tax
disbursement of $1,273.17 at settlement was refunded and
deposited to escrow by Secured Land Transfer.
5. See 6/20/06 Order, attached hereto as Exhibit ~A".
6. See 6/22/06 Amended Order, attached hereto as Exhibit
~B".
7. The Victim/Witness Assistance Guide for 7/21/06 incident
of Burglary at the Hauck Road property is attached
hereto, marked Exhibit "E" and made a part hereof. The
house was gutted of all copper plumbing. The property
was originally insured by Lebanon Valley Mutual, with
both parties named as payees on any claims. At the same
time of the incident, the Plaintiff changed the insurer
to Traveler's Insurance, and named herself as the sole
payee for claims. This action by the Plaintiff is
evidence of continuing to exclude me from enjoying the
use and benefit of the property, by way of receiving
half of the proceeds from the insurance claim. As a
result, I would ask this Honorable Court for a
continuing judgement for half of the fair rental value
from the trial up until the time of settlement.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY A. WHITE,
Plaintiff
no. 05-3973 Civil Term
V.
CIVIL ACTION
JULIE STEVENS,
EQUITABLE PARTITION
Defendant
CERTIFICATE OF SERVICE
On this 26th day of September, 2006, a true and correct copy
of Defendant's Final Distribution Calculations was mailed, First
Class, postage prepaid to the following, addressed as follows:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
~J~~
Julie C. Stevens, Defendant, pro se
1624 Green Street
Harrisburg PA 17102
Phone: 717-379-2502
EXHIBIT "A"
6/20/06 ORDER
KIMBERLY A. WHITE,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: EQUITABLE PARTITION
JULIE STEVENS,
DEFENDANTS
: 05-3973 CIVIL
ORDER OF COURT
-\""
AND NOW, this l{) day of June, 2006, upon consideration of the
pleadings herein, and after a hearing, the Court makes the following Findings of
Fact:
1. Plaintiff is Kimberly A. White, an adult individual residing at 1100 S.
York Road, Dillsburg, PA 17109. (Plaintiff is hereinafter referred to as "White").
2. Defendant is Julie Stevens, an adult individual residing at 1624 Green
Street, Harrisburg, Dauphin County, Pennsylvania. (Defendant is hereinafter
referred to as "Stevens").
3. White and Stevens are the joint owners of certain real estate known
and numbered as 1010 Hauck Road, Mechanicsburg, Cumberland County, PA
hereinafter described, (hereinafter referred to as "the Hauck Road Property").
4. The purchase price of the Hauck Road Property was $129,900.00.
5. The parties held title to the Hauck Road Property on an equal
undivided one half basis as joint tenants with the right of survivorship.
6. On May 4,2003 White, paid $1500.00 as the down payment for the
purchase price of the Hauck Road Property.
7. On May 10, 2003, White by her check #1622 paid Stevens $420.00 for
the home inspection of the Hauck Road Property prior to its purchase. Stevens
then paid Enviroquest $420 for this home inspection using the $420.00 she
received from White for this purpose.
8. On July 31,2003, Stevens paid $370.00 for the homeowner's
insurance premium for one year in advance.
9. At settlement on August 8, 2003, Stevens paid the remaining down
payment and closing costs of $11 ,234.00.
10. The rest of the purchase price was financed through a loan with
Principal Residential Mortgage, Inc., loan #635-0, serviced by CitiMortgage in the
face amount of $123,405.00 secured by a mortgage dated August 8, 2003.
(hereinafter referred to as the "Principal Residential Purchase Price Mortgage").
11. The payments required by the Principal Residential Purchase
Mortgage varied from $923.66 to $985.18 and included a required escrow
payment for taxes and insurance.
..:::r 12. From October 2,2003 to May 9,2006, White paid all of the payments
on the Principal Residential Purchase Price Mortgage, including principal,
interest and the escrow payments for taxes and insurance in the amount of
$31,580.59.
13. On or about May 10, 2004, the parties obtained a home equity loan
from PSECU in the face amount of $10,400.00, and secured a mortgage dated
May 10,2004. (hereinafter referred to as the "PSECU Home Equity Loan
Mortgage").
14. The regular payment required by the PSECU Home Equity Loan
Mortgage was $201.01. From May 18, 2004 to April 25, 2006, the total amount
parties which indicated that the Hauck Road Property had a value of
$177,500.00.
23. As of March 10,2006, the balance owed on Principal Residential
Purchase Price Mortgage was $119,056.88.
24. As of April 25, 2006, the PSECU Home Equity Loan Mortgage was
$6,676.18.
AND NOW, after application of the law to the above stated facts, the
following settlement IS HEREBY ORDERED AND DIRECTED:
1. The parties' property at 1010 Hauck Road, Mechanicsburg, PA is
directed to be sold pursuant to the provisions of the previous order of court dated
June 9, 2006.
2. All mortgages recorded against the real estate located at 1010 Hauck
Road, Mechanicsburg, PA shall be satisfied from the proceeds of the sale.
3. Legitimate closing costs shall be satisfied from the proceeds of the
sale.
4. Any remaining funds shall be divided equally among the parties subject
to the following credits:
A. Defendant Stevens will pay Plaintiff White the following from her
share:
1. $750.00 (one half of the $1500.00 down payment)
2. $210.00 (one half of the home inspection fee)
3. $15,790.30 (one half of the mortgage paid on the Principal
Residential Purchase Mortgage $31,580.59 paid until
May 9,2006)
4. $2,268.03 (one half of the PSECU Home Equity Loan paid
through April 25, 2006)
TOTAL: $19,018.33
B. Plaintiff White will pay Defendant Stevens the following from her share:
1. $185.00 (one half of the $370.00 initial home insurance
payment).
2. $5,617.35 (one half of the down payment and closing
costs of $11,234.69)
3. $1,257.58 (one half of the rental value of the property for 85
days amounting to $2,515.15 for the period of
November 24, 2005 to February 14, 2006).
TOTAL: $7,059.93
5. Upon sale of the property the amount of money remaining after
payment of closing costs and mortgages shall be placed in escrow and the
Court shall be notified of the remaining amount.
6. Within five days of the closing, the parties may submit request for final
adjustment to the amounts set forth in paragraph 4 above only to the extent that
either party has made additional payments on the Principal Residential
Purchase Mortgage or the PSECU Home Equity Loan Mortgage since the dates
indicated.
By the Court,
~'t
M. L. Ebert, Jr.,
I'
J.
Diane G. Radcliff, Esquire
Attorney for Plaintiff
Julie Stevens
Pro Se
bas
EXHIBIT "B"
6/22/06 AMENDED ORDER
KIMBERLY A. WHITE,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: EQUITABLE PARTITION
JULIE STEVENS,
DEFENDANTS
: 05-3973 CIVIL
AMENDED ORDER OF COURT
AND NOW, this 22nd day of June, 2006, upon discovery that the Court
made an error with regard to the calculation of the number of days that Plaintiff
was in exclusive possession of the Hauck Road Property, the Order of Court
dated June 20,2006 is hereby amended as follows:
1. Paragraph 1 9 of the Findings of Fact is amended to read Stevens was
excluded from the Hauck Road Property for 450 days.
2. Paragraph 4 B 3 of the Settlement Order is amended to read as
follows, $6,657.75 (one half of the rental value of the property for 450
days amounting to $13,315.50 for the period of November 21,2004 to
February 14, 2006).
TOTAL: $12,460.10
By the Court,
Diane G. Radcliff, Esquire
Attorney for Plaintiff
J.
Julie Stevens
Pro Se
rRVE roPY FROM AECORtl
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EXHIBIT "e"
HUD-l SETTLEMENT SHEET
A. Setlloment Slatement
U.S. Department of Housing
and Urban Development
OMB Approval No. 2502-0265
B. Type of Loan
1. ] FHA 2. [ ] FmHA 3 [X J Conv Untns 16 File Number 17. Loan Number: 18. Mortgage Insurance Case Number:
4. J VA 5. [ J Conv.lns. 400601564-CB 0039381843
NOTE: This form is fumished to give you a statement of aclual selllement costs. Amounts paid to and by the settlement agent are shown. IIems
marked "(p.o.c.)" were paid outside of the closing: they are shown here for in/onnalional purposes and are not included in the totals.
D. Name and Address of Borrower \ E. Name and Address 01 Sener I F. Name and Addre.. of lender
KRISTOPHER S. KERSTETTER AND AMY KIMBERLY A. WHITE AND JULIE C. ERA HOME LOANS
L. CORNMAN STEVENS 3000 lEADENHAlL ROAD,
MOUNT LAUREL. NJ 08054
1100 S YORK RD
DILLSBURG. PA 17019
C.
614 STATE ST.
LEMOYNE. PA 17043
G. Property location
H. Settlement Agent
1010 HAUCK ROAD. ,sECURED LAND TRANSFERS - MECHANICSBURG
MECHANICSBURG. PA 17055 I~ Plac. 01 Settlement I. Settlement Date 09/01/2006
COUNTY: CUMBERLAND 19 NORTH BALTIMORE ST Disbursement Date 09/01/Z006
PARCEL 1D; 22-09-0539-020. DILLSBURG. PA 17019-1354
TOWNSHIP; MONROE TOWNSHIP
J. SUMMARY OF BORROWER'S TRANSACTIONS K. SUMMARY OF SELLER'S TRANSACTIONS
100. Gross Amount Due From Borrower 400. Gross Amount Due To Sener
101. Contract Sales Price $175.000.00 401. Contract Sales Price $175.000.00
102. Personal Property 402. Personai Property
103. Settlement Charges to Borrower 54.741.20 403.
Adjustments For Items Paid By Setler In Advance Adjustments For Items Paid By Seller In Advance
113. CityfTown Taxes 413. CityfTown Taxes
114. County Taxes 343.41/yr 9/112006 to 11112007 5114.78 414. County Taxes 343.41/yr 9/112006 to 111/2007 5114.78
115. School Taxes 1,273.17lyr 911/2006 107/112007 51.056.91 415. School Taxes 1.273.17/yr 9/1/2006 to 7/112007 $1,056.91
118 Assessments 418. Assessments
119. 419.
120. Gross Amount Due From Borrower I 5180.912.89 420. Gross Amount Due To Seller I 5176,171.69
200. Amounts Paid By Or In Behalf Of Borrower 500. Reductions In Amount Due To Seller
201. Deposit or Earnesl Money 51.000.00 501. Excess Deposits
202. Pnncipal Loan Amount from ERA Home Loans 5135.000.00 502. Settlement Charges to Sener $48,417.37
203. Existin9 Loan(s) Taken Subject to 503. Exisling Loan(s) Taken Subject to
204. 504. Payoff First Mortgage to Citimortgage, Inc. 5121.S18.17
205. 505. Payolf Second Mortgage 10 PSECU 56.236.15
Adjustments For Items Unpaid By SeUer Adjustments For Items UnpaId By Seller
210. 510.
211. 511.
212. 512.
213. CityfTown Taxes 513. CityfTown Taxes
214. County Taxes 514. County Taxes
218. Assessments 518. Assessments
219. 519.
2Z0. Buyer's Total Credits
300. Cash At Settlement FromfTo Borrower
301. Grass Amount Due From Borrower (line 120)
302. Less Amounls Paid By/For Borrower (line 220)
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5136,000.00 520. Seller's Total Charges I
600. Cash At Settlement To/From Seller
5180.912.89 601. Gross Amount Due To Seller (line 420) I
5136,000.00 602. Less Deduc~ons In AmI. Due To Seller (line 520) I
5176,171.69
$176,171.69
$176.171.69
303. Cash [ X] From [ ] To Borrower
$44.912.89 603. Cash [ ] To [X] From Seller
5000
400601564 - CB
L Settlement Statemenl
Page 2
700. Total Sale Commission 175000.00 @ 6 % = 10500.00
Division of Commission (line 700) As Follows: Paid From Borrower's Paid From Seller's
701. $5275.00 to Exit Really Capital Area Funds AI Selllemenl Funds At Selllement
702. $5225.00 10 ERA-NRT. Inc.
703. CommissIon paid at settlement $10.500.00
708. Transaction Fee to Exit Realty Capital Area $125.00
709. Broker Administrative Fee 10 ERA-NRT. Inc. $165.00
BOO. Items Payable In Connection With Loan
801. Loan Origination Fee
802. Loan Discount
603. Appraisal Fee
604. Credil Report to FNMA CBC (POC 19.20 by Lender)
605. Lender Inspection Fee
810. Documenl Preparation to ERA Home Loans (POC 85.00 by Lender)
812. Flood Cert. Fee 10 Slars (POC 19.50 by Lender)
615. Application Fee to ERA Home Loans (POC 515.00 by Lender)
900 Items Required By Lender To Be Paid In Advance
901 Interest from 09101106 to 10101106 @25.3Iday $759.00
902. Mortgage Insurance Premium
903 Hazard Ins. Premium Slate Farm Insurance (POC 506.00 by Buyer)
904 Flood Ins. Premium
1000. Reserves Deposited With Lender
1001. Hazard ins. Reserve 3 mo @ 35.00 1 mo ERA Home Loans $105.00
1002. Mortgage Ins. Reserve
1003. Cily Property Taxes
1004. County Property Taxes 9 mo @ 26.62/ mo ERA Home Loans $257.56
1005. SchoolTaxes 5 mo@ 106.101 mo ERA Harne Loans $530.50
1010. Aggregale Accounting Adjustment from ERA Home loans -$214.26
1100. TItle Charges
1101. SettlemenUClosing Fee
1102. Abstract or Title Search
1 103. Title examination
1104. Tille Insurance Binder
1105. Document preparation Deed to law Offices of Kevin R. Helm, LLC $100.00
1106. Notary fee to Cash $20.00 $10.00
1107. Attorney Fee
110B. Title Ins. fatal to Secured land Transfers - M~chanicsburg $l,010.3D
1109. Lender's Coverage $135000.00 ($)
1110. Owner's Coverage $175000.00 ($1010.3B)RI
1111. Endorsements-100/300/900 ($150.00) to Secured Land Transfers - Mechanicsburg $150.00
1119. Wire Transler Fee to Secured Land Transfers - Mechanicsburg $35.00
1127. Electronic Delivery & Handling Fee to Secured Land Transfers - Mechanlcsburg $50.00
1138. PracessinglTax Cert. to Secured Land Transfers - Mechanicsburg $10.00
1140. Overnight Mail to Secured land Transfers - Mechanicsburg $20.00 $40.00
1200. Government Recording And Transfer Charge.
1201. Recording Fees for Deed 3B.50; Recording Fees for Mortgage 64.50 $103.00
1202. City/County Tax/Stamps 1750.00 $1.750.00
1203. Stale Deed Tax 1750.00 $1.750.00
1300. Addltfonal Settlement Charges
1302. Pest Inspection (POC Buyer)
1303. Home Warranty 10 Home Warranty of America $379.00
1305. Well Cert (POC Buyer}
1307. 2006.2007 School 10 Mary A. Murray. Tax Collector $1.273.17
130B. Escrow Hold Per Court order to Secured Land Transfers - Mechanicsburg $34.230.20
1400. Total Settlement Charges $4.741.20 $48.417.37
I have carefully reviewed Ihe HUD.l Settlement Statement and to the besl of my knowledge and belief it is true and accurate slatement of all receipts and disbursements
made an my account or by me in Ihis transaction. I further certify that I have received a copy of Ihe HUD.' Settlement Statement.
---
"
Julie C. Stevens
The HUD-1 ttlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in
accordance with this statement.
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SECURED LAND TRANSFERS - MECHANtCSBURG
Date
Settlement Agent
0910112006
EXHIBIT "D"
CITIMORTGAGE PAYOFF WORKSHEET
- .',
Clt. mortqaqe
l>AYOFF STATEMENT
MORTGAGE ACCT. NO.
t .
... AUGUST 29. 2086
770185581
CONVENTIONAL
CUSTOMER'S NAME AND ADDRESS
'. t
. . ., .. .
STATEMENT SENT TO:
K A WHITE
J ULI E C STEVENS
1100 S YORK RD
DILLSBURG, PA 17819-9594
..
FAX: 717-754-6173
FAX PAYOFF
NIVR
TEL: 999-999-9999
PROPERTY ADDRESS
1018 HAUCK ROAD
MECHANICSBURG. PA 17055
MPORT ANT: PLEASE REFER TO TME REVERSE SIDE OF THIS STAT~E"T FOR IMPORTANT INFORMATION. THIS PAYOFF AMOUNT IS GOOD
THROUGH THE DATE SHOWN ABOVE AND MAY CHANGE DUE TO ANY ACCOUNT ACTIVITY. PLEASE CALLI-40G-283-71118 TO CONFIRM
THE AMOUNT PRIOR TO SENDING PAYOFF. MONTHLV MORTGAGElInMENTS MUST BE MADE AS SCHEDULED. PLEASE SENDA COPV
OF THIS STATEMENT WITH PAYOFF FUNDS.
PAYOFF AMOUNT CALCULATIONS
PRINCIPAL BALANCE AS OF 06/81/06
INTEREST FROM 06/01/06 TO 18/01/06 AT 5.500%
ESCROW OVERDRAFT
PMI PREMIUM
LATE CHARGE
RECORDING FEE
TOTAL SECURED BY MORTGAGE
$118.589,71
2,210.38
139.76
240.63
78.86
27.00
121.277.54
TOTAL TO PAY LOAN IN FULL $121.277 .54
INT PER DIEM AT 5.500%: $18.1179* ESCROW INTEREST: $8.00
IF THE CURRENT MONTH'S PAYMENT HAS NOT BEEN RECEIVED BY CMI
ON OR BEFORE 15 DAYS AFTER THE DUE DATE, PLEASE INCLUDE A
LATE FEE OF: $35.03 IN THE PAYOFF AMOUNT.
NECESSARY INFORMATION
NEXT DUE
PLEASE INCLUDE THE FORWARDING ADDRESS FOR THE
CUSTOMER WITH THE PAYOFF TO ENSURE PROPER
MAILING O~ ANY RE~U~lDS OR DOCUMENTS
NO BILLS DUE
NAME
LAST TAX PAID
SCHOOL TAX 08/03/06
1.247.70
ADDRESS
TAX MID IISIlIlAIICE "AI'1IIIBlTIllI IIIAY IE IIADE DURING DIE PAYOFF STATlMENT ""100. WE AIlE RE$I'ONSIILE
FOR AND WILL PAY m ToIX/lIstIllANcr .'LUSI WI IlfcrIVE IEFOllf lIlE 'AYIIFf WE
llIR.l lO~ TO 11IE a.DIIIG oIIlBIT FOR TOTAL FUlIOs IF DII'LICATE TAX PAlMRlT OCCURS. lHE
ABOVE INFO..,.TIDN COYBIS A .0.0" PBINlD fIIOM 11111 ITlTElIlENT DATE 1lIE IIOIITGAGDIl IIOl
~~~O::;~lGE. IIC.. Wl.l ., RfSPONS..E FeR THEIIl OWN TAX AIID 1ll\lllAIICE """"Em Arm ""liff Of
:E REVERSE SIDE FOR WIRE INSTRUCTIONS. STATE
_OSING AGENTS. PLEASE PROVIDE A COpy OF THIS STATEMENT TO OUR BORROWER.
~LLS ARE RANDOMLY MONrTORED AND RECOROED TO ENSURE QUALITY SERVICE.
CITY
ZIP
M.725 3 '01
EXHIBIT "E"
VICTIM/WITNESS ASSISTANCE GUIDE
SP 7-004A (5-2002)
PENNSYLVANIA STATE POLICE
VICTIMIWITNESS ASSISTANCE GUIDE
RIGHTS AND SERVICES
AVAILABLE TO VICTIMS OF
CRIME IN PENNSYLVANIA
.0 \ 0 ...t ' 1<:
INCIDENT INVESTIGATION INFORMATION
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KIMBERLY A. WHITE,
Plaintiff
: NO. 05-3973
v
: CIVIL ACTION
JULIE STEVENS,
: EQUITABLE PARTITION
Defendant
PLAINTIFF'S REVISED CALCULATIONS OF THE FINAL DISTRIBUTION
OF THE PROCEEDS FROM THE SALE OF 1010 HAUCK ROAD
AND NOW, the Plaintiff, Kimberly White, by her attorney, Diane G. Radcliff, Esquire,
and provides this Honorable Court with Plaintiff's calcualtions of the final distribution
of the proceeds from the sale of 1010 Hauck Road, the property which is the subject of
this Partition action, as required by the June 20, 2006 Court Order, as amended by the
June 22, 2006 Court Order.
Respectfully submitted,
D~ DC~M\f., ESQUIRE
:f~ ale Roac(
Camp Hill, PA 17011
Phone: (717) 737-0100
Supreme Court ID # 32112
Attorney for Plaintiff
Dated: September 28, 2006
PLAINTIFF'S REVISED CALCULATIONS FOR THE PARTIES' DISTRIBUTIVE SHARES
AS PER 6/20/06 1 ORDER AS AMENDED BY 6.22.06 ORDER 2
Line Description Amount White Stevens
No.
1 Calculation....ofNetProceeds
2 Net Proceeds from Sale of Hauck Road as per Settlement Sheet 3 34,230.20
3 Additional Refund of School Taxes Held in Escrow4 1,273.17
4 Total Net Proceeds from Sale of Hauck Road 35,503.37
5 Half of Net Equity Preliminarily Assigned to Each Party 17,751.69 17,751.69 17,751.69
6 Pre-trial. EquitableAdjustrnentAmount$OwedtoKimWhit~py~ul!~Stevens
7 % of White's down payment @ $1500 750.00
8 % of White's home inspection @ $420 210.00
9 % of White's Principal Mortgage payments @ $31,580.59 to 5.9.06 15,790.30
10 % of White's PSECU home equity loan payments @$4,536.06 to 4.25.06 2,268.03
1 1 Subtotal Equitable Adjustment Amounts Owed to White by Stevens 5 19,018.33 19,018.33 (19,018.33)
12 Pre-trial... Eq uitable .AdjustrnentAn'lQuntsC)wedtoJl.dieStevens..by..KirnVVhite
13 % of Steven's , insurance payment @ $370 185.00
14 % of Stevens' down payment & closing costs @ $1 1,234.69 5,617.35
15 % of Fair Rental Value @ $13,314 6,657.75
16 Subtotal Equitable Adjustment Amounts Owed to Stevens by White 6 12,460.10 (12.460.10) 12,460.10
17 Subtotal Equitable Adjustment Amounts Owed to Each Party from Sales Proceeds 24,309.92 11,193.46
after Pre- Trial Adjustments
18 PostTrial Equitable AdjustrnentArnountsoWed..to..Kirn.White
19 % of 6.7.06 Principal Mortgage Payment @ $956.60 7 478.30
20 % of 6.1 .06 PSECU Home Equity Loan Payment @ $201 .01 8 100.51
21 % of 7.5.06 PSECU Home Equity Loan Payment @ $201 .01 9 100.50
22 % of 7.28.06 PSECU Home Equity Loan Payment @ $201 .01 10 100.51
23 % of 7.12.06 Met Ed Electric Bill @ $22.03 11 1 1.01
24 % of 8.31 .06 Met Ed Electric Bill @ $24.89 12 12.45
25 Subtotal Post Trial Adjustment Amounts Owed to White by Stevens 803.28 803.28 (803.28)
26 Final.Di.stribution to .Each ...PartyfromSales Proceeds afterPost-ttial..A.d]ustij1ents 25,113.20 10,390.18
ENDNOTES:
1. The 6.20.06 Order is attached hereto, marked Exhibit "A" and made a part
hereof.
2. The 6.22.06 Order is attached hereto, marked Exhibit "B" and made a part
hereof.
3. The HUD-1 Settlement Sheet for the sale of Hauck Road, is attached hereto,
marked Exhibit "C" and made a part hereof.
4. This $1,273.17 tax amount was refunded after settlement and after the
Plaintiff's original submission on 9/6/06. This amount also appears on the
Defendant's submission.
5. See 6.20.06 Order attached as Exhibit "A".
6. See 6.20.06 Order attached as Exhibit "A" and 6.22.06 Order attached hereto as
Exhibit "B".
7. See statements, checks and checking account statements for the payment of the
Principal Mortgage payments paid by Plaintiff post separation with no contribution
from Defendant, attached hereto, marked Exhibit "0" and made a part hereof.
8. See statements, checks and checking account statements for the payment of the
PSECU Home Equity Loan mortgage payments paid by Plaintiff post separation with
no contribution from Defendant, attached hereto, marked Exhibit "E" and made a
part hereof.
9. See Endnote 8.
1 O. See Endnote 8.
11. See statements, checks and checking account statements for the payment of the
Met Ed payments for the electric for the Hauck Road property paid by Plaintiff post
separation with no contribution from Defendant, attached hereto, marked Exhibit
"F" and made a part hereof.
12. See Endnote 11.
CERTIFICATE OF SERVICE
I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on September 28, 2006, I
served a true and correct copy of the PLAINTIFF'S REVISED CALCULATIONS OF THE
FINAL DISTRIBUTION OF THE PROCEEDS FROM THE SALE OF 1010 HAUCK ROAD
upon the Defendant, by mailing same by first class mail, postage prepaid, addressed
as follows:
Julie Stevens
1624 Green Street
Harrisburg, PA 17102
-----------
,~ ~
/ ",~ (
E
EXHIBIT" A"
6.20.06 ORDER
KIMBERLY A. WHITE,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: EQUITABLE PARTITION
JULIE STEVENS,
DEFENDANTS
: 05-3973 CIVIL
ORDER OF COURT
-\~
AND NOW, this ~() day of June, 2006, upon consideration of the
pleadings herein, and after a hearing, the Court makes the following Findings of
Fact:
1. Plaintiff is Kimberly A. White, an adult individual residing at 1100 S.
York Road, Dillsburg, PA 17109. (Plaintiff is hereinafter referred to as "White").
2. Defendant is Julie Stevens, an adult individual residing at 1624 Green
Street, Harrisburg, Dauphin County, Pennsylvania. (Defendant is hereinafter
referred to as "Stevens").
3. White and Stevens are the joint owners of certain real estate known
and numbered as 1010 Hauck Road, Mechanicsburg, Cumberland County, PA
hereinafter described, (hereinafter referred to as "the Hauck Road Property").
4. The purchase price of the Hauck Road Property was $129,900.00.
5. The parties held title to the Hauck Road Property on an equal
undivided one half basis as joint tenants with the right of survivorship.
6. On May 4, 2003 White, paid $1500.00 as the down payment for the
purchase price of the Hauck Road Property.
7. On May 10, 2003, White by her check #1622 paid Stevens $420.00 for
the home inspection of the Hauck Road Property prior to its purchase. Stevens
then paid Enviroquest $420 for this home inspection using the $420.00 she
received from White for this purpose.
8. On July 31,2003, Stevens paid $370.00 for the homeowner's
insurance premium for one year in advance.
9. At settlement on August 8, 2003, Stevens paid the remaining down
payment and closing costs of $11 ,234.00.
10. The rest of the purchase price was financed through a loan with
Principal Residential Mortgage, Inc., loan #635-0, serviced by CitiMortgage in the
face amount of $123,405.00 secured by a mortgage dated August 8,2003.
(hereinafter referred to as the "Principal Residential Purchase Price Mortgage").
11. The payments required by the Principal Residential Purchase
Mortgage varied from $923.66 to $985.18 and included a required escrow
payment fortaxes and insurance.
12. From October 2, 2003 to May 9, 2006, White paid all of the payments
on the Principal Residential Purchase Price Mortgage, including principal,
interest and the escrow payments for taxes and insurance in the amount of
$31,580.59.
13. On or about May 10, 2004, the parties obtained a home equity loan
from PSECU in the face amount of $10,400.00, and secured a mortgage dated
May 10, 2004. (hereinafter referred to as the "PSECU Home Equity Loan
Mortgage").
14. The regular payment required by the PSECU Home Equity Loan
Mortgage was $201.01. From May 18, 2004 to April 25, 2006, the total amount
paid by White on account of the PSECU Home Equity Loan Mortgage, (including
principal and interest) is $4,536.06. Stevens made no payments on this
mortgage.
15. During the course of the parties' relationship, both parties contributed
financially to their personal up keep and maintenance of the Hauck Road
Property.
16. The parties lived in Hauck Road Property together from its date of
acquisition until on or about November 20, 2004.
17. On November 20, 2004, White told Stevens not to return to the
property and took exclusive possession of the Hauck Road Property.
18. White stopped residing in the Hauck Road Property on or about
February 14, 2006, and the Hauck Road Property has remained vacant since
that date.
19. Stevens was excluded from the Hauck Road Property for 85 days.
20. The fair rental value of the Hauck Road Property is $900.00 per
month or $29.59 per day.
21. White had the Hauck Road Property appraised by Erik J. Reisser,
eRA, on May 7, 2005, as part of a proposed buyout and refinance, which
appraisal indicated that the Hauck Road Property has a value of $168,500.00 on
that date.
22. On May 8, 2006, as part of the proposed sales listing agreement
White's Realtor, Cathy Heike, of Exit Realty Capital Area (hereinafter referred to
as "the Proposed Realtor"), prepared a Comparative Market Analysis for the
parties which indicated that the Hauck Road Property had a value of
$177,500.00.
23. As of March 10, 2006, the balance owed on Principal Residential
Purchase Price Mortgage was $119,056.88.
24. As of April 25, 2006, the PSECU Home Equity Loan Mortgage was
$6,676.18.
AND NOW, after application of the law to the above stated facts, the
following settlement IS HEREBY ORDERED AND DIRECTED:
1. The parties' property at 1010 Hauck Road, Mechanicsburg, PA is
directed to be sold pursuant to the provisions of the previous order of court dated
June 9, 2006.
2. All mortgages recorded against the real estate located at 1010 Hauck
Road, Mechanicsburg, PA shall be satisfied from the proceeds of the sale.
3. Legitimate closing costs shall be satisfied from the proceeds of the
sale.
4. Any remaining funds shall be divided equally among the parties subject
to the following credits:
A. Defendant Stevens will pay Plaintiff White the following from her
share:
1. $750.00 (one half of the $1500.00 down payment)
2. $210.00 (one half of the home inspection fee)
3. $15,790.30 (one half of the mortgage paid on the Principal
..
adjustment to the amounts set forth in paragraph 4 above only to the extent that
either party has made additional payments on the Principal Residential
Purchase Mortgage or the PSECU Home Equity Loan Mortgage since the dates
indicated.
By the Court,
Diane G. Radcliff, Esquire
Attorney for Plaintiff
I
J.
Julie Stevens
Pro Se
bas
EXHIBIT "B"
6.22.06 ORDER
KIMBERLY A. WHITE,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: EQUITABLE PARTITION
JULIE STEVENS,
DEFENDANTS
: 05-3973 CIVIL
AMENDED ORDER OF COURT
AND NOW, this 22nd day of June, 2006, upon discovery that the Court
made an error with regard to the calculation of the number of days that Plaintiff
was in exclusive possession of the Hauck Road Property, the Order of Court
dated June 20, 2006 is hereby amended as follows:
1. Paragraph 19 of the Findings of Fact is amended to read Stevens was
excluded from the Hauck Road Property for 450 days.
2. Paragraph 4 B 3 of the Settlement Order is amended to read as
follows, $6,657.75 (one half of the rental value of the property for 450
days amounting to $13,315.50 for the period of November 21, 2004 to
February 14, 2006).
TOTAL: $12,460.10
By the Court,
1.
J.
M. L. Ebert, Jr.,
Diane G. Radcliff, Esquire
Attorney for Plaintiff
Julie Stevens
Pro Se
fRUE ('X')rY FROM necoRl)
lr. T_~ ~; i net. unto set my ft.aAc1
~nd IlllI _ " s.ald ~ at CIiI.~, Pa.
rh. .n ~ ~ ,QtJOl.,
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EXHIBIT "C"
HUD-l SETTLEMENT SHEET
A. Settlement Statement
U.S. Department of Housing
and Urban Development
OMB Approval No. 2502-0265
B. Type of Loan
c.
1. ] FHA 2. [ ] FmHA 3. [X) Conv. Un ins. 16. File Number: 17. Loan Number' 18. Mortgage Insurance Case Number:
] VA 5. [ ] Conv. Ins 400601564-CB 0039381843
NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items
marked "(p.o.c.)" were paid outside of the closing: they are shown here for informational purposes and are not included in the totals.
D. Name and Address of Borrower I E. Name and Address of Seller I F. Name and Addre.. of Lender
KRISTOPHER S. KERSTETTER AND AMY KIMBERLY A. WHITE AND JULIE C. ERA HOME LOANS
L. CORNMAN STEVENS 3000 LEADENHALL ROAD,
MOUNT LAUREL, NJ 08054
1100 S YORK RD
DILLSBURG. PA 17019
614 STATE ST.
LEMOYNE. PA 17043
G. Property Location
H. Settlement Agent
1010 HAUCK ROAD. ,sECURED LAND TRANSFERS - MECHANICSBURG
MECHANICS BURG. PA 17055 I; Place of Settlement I. Settlement Date 09/01/2006
COUNTY: CUMBERLAND 19 NORTH BALTIMORE ST Disbursement Date 09/0112006
PARCEL 10: 22-09-0539-020. DILLSBURG, PA 17019-1354
TOWNSHIP: MONROE TOWNSHIP
J. SUMMARY OF BORROWER'S TRANSACTIONS K. SUMMARY OF SELLER'S TRANSACTIONS
100. Gron Amount Due From Borrower 400. Gro.. Amount Due To Seller
101. Contract Sales Price $175,000.00 401. Contract Sales Price $175,000.00
102. Personai Property 402. Personal Properly
103. Settlement Charges to Borrower $4,741.20 403.
Adjustment. For Items Paid By Seller In Advance Adjusbnents For Items Paid By Seller In Advance
113. CityfTown Taxes 413. CityfTown Taxes
114. County Taxes 343,41/yr 91112006 to 1/112007 $114.78 414. County Taxes 343.41/yr 911/2006 to 1/112007 $114.78
115 SChool Taxes 1,273.17/yr 9/1/2006 to 7/112007 $1.056.91 415. School Taxes 1,273.17/yr 9/1/2006 to 7/1/2007 $1.056.91
11 B. Assessments 418. Assessments
119. 419.
120. Gross Amount Due From Borrower I $180,912.89 420. Gross Amount Due To Seller I $176.171.69
200. Amounts Paid By Or In Behalf Of Borrower 500. Reductions in Amount Due To Seller
201 . Deposit or Earnest Money $1,000.00 501. Excess Deposits
202. Principal Loan Amount from ERA Home Loans $135,000.00 502. Settlement Charges to Seller $48.417.37
203. Existing Loan(s) Taken SubjecllO 503. Existing Loan(s) Taken Subject to
204. 504. Payoff First Mortgage to Cilimortgage. Inc. $121,51B.17
205. 505. Payoff Second Mortgage tu PSECU $6.236.15
Adjustments For Items Unpaid By Seller Adjustments For Iteml Unpaid By Seller
210. 510.
211. 511.
212. 512.
213. CityfTown Taxes 513. Cityrrown Taxes
214. County Taxes 514. County Taxes
218 Assessments 518. Assessments
219. 519.
I
I
$136.000.00 520. Seller's Total Charge.
600. Cash At Settlement To/From Seller
$180,912.89 601. Gross Amount Due To Seller (line 420)
$136,000.00 602. Less Deductions In AmI. Due To Seller (line 520)
I
$176.171.69
220. Buyer'. Total Credits
300. Cash At Settlement FromfTo Borrower
301. Gross Amount Due From Borrower (line 120)
302. Less Amounts Paid BylFor Borrower (line 220)
I
I
$176,171.69
$176.171.69
303. Cash [ X ] From [ ] To Borrower
$44,912.89 603. Cash I ] To I X] From Seller
$000
400601564 - CB Page 2
L. Settlement Statem.."t
700. Total Sale Commission 175000.00 @ 6 % = 10500.00
Division of Commission (line 700) As Follows: Paid From Borrower's Paid From Seller's
701. $5275.00 to Exit Realty Capital Area Funds At Settlement Funds At Settlement
702. $5225.00"to ERA-NRT, Inc.
703. Commission paid at settlement $10,500.00
708. Tr1Insaction Fee to Exit Realty Capital Area $125.00
709. Broker Administrative Fee to ERA-NRT, Inc. $165.00
800. Items Payable In Connection With Loan
801. Loan Origination Fee
802. Loan Discount
803. Appraisal Fee
804. Credit Report to FNMA CBC (pOC 19.20 by Lender)
805. Lender Inspection Fee
810. Document Preparation to ERA Home Loans (POC 85.00 by Lender)
812. Flood Cert. Fee to Stars (POC 19.50 by Lender)
815. Application Fee to ERA Home Loans (POC 515.00 by Lender)
900. Items Required By Lender To Be Paid In Advance
901 . Interest from 09/01/06 to 10/01/06 @25.3/day $759.00
902 . Mortgage Insurance Premium
903 . Hazard Ins. Premium State Farm Insurance (POC 506.00 by Buyer)
904 Flood Ins. Premium
1000. Reserves Deposited With Lender
1001. Hazard Ins. Reserve 3 mo @ 35.00/ mo ERA Home Loans $105.00
1002. Mortgage Ins. Reserve
1003. City Property Taxes
1004. County Property Taxes 9 mo @ 28.62 / mo ERA Home Loans $257.58
1005. School Taxes 5 mo @ 106.10/ mo ERA Home Loans $530.50
1010. Aggregate Accounting Adjustment from ERA Home Loans -$214.26
1100. Title Charges
1101. SettlemenUClosing Fee
1102. Abstract or Title Search
1103. Title examination
1104. Title Insurance Binder
1105. Document preparation Deed to Law Offices of Kevin R. Helm. LLC $100.00
1106. Notary fee to Cash $20.00 $10.00
1107. Attorney Fee
1108. Title Ins. Total to Secured Land Transfers - Mt;chanicsburg $1,010.33
1109. Lender's Coverage $135000.00 ($)
1110. Owner's Coverage $175000.00 ($101 0.38)RI
1111. Endorsements-100/300/900 ($150.00) to Secured Land Transfers - Mechanicsburg $150.00
1119. Wire Transfer Fee to Secured Land Transfers - Mechanicsburg $35.00
1127. Electronic Delivery & Handling Fee to Secured Land Transfers - Mechanicsburg $50.00
1138. ProcessingfTax Cert. to Secured Land Transfers - Mechanicsburg $10.00
1140. Overnight Mail to Secured Land Transfers - Mechanicsburg $20.00 $40.00
1200. Government Recording And Transfer Charges
1201. Recording Fees for Deed 38.50: Recording Fees for Mortgage 64.50 $103.00
1202. City/County Tax/Stamps 1750.00 $1,750.00
1203. State Deed Tax 1750.00 $1.750.00
1300. Additional Settlement Charges
1302. Pest inspection (POC Buyer)
1303. Home Warranty to Home Warranty of America $379.00
1305. Well Cert (POC Buyer)
1307.2006-2007 School to Mary A. Murray. Tax Collector $1.273.17
1308. Escrow Hold Per Court order to Secured Land Transfers - Mechanicsburg $34,230.20
1400. Total Settlement Charges $4,741.20 $48,417.37
I have carefully reviewed the HUD.1 Settlement Statement and to the best of my knowledge and belief it is true and accurate statement of all receipts and disbursements
made on my account or by me in this transaction. I further certify that I have received a copy of the HUD-l Settlement Statement.
BUYERS /\ SELLER "\.
{ "A ~ E- ~--:::::--
/~
K;m~~'~stJ(h~
Julie C. Stevens
The HUD-1 tUement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be disbursed in
accordance with this statement.
/-, /7
Settlement Agent C I ;' I . .. ~ (7 ;
,,"'~) J('uC " ,2 i/ /'K..(
SECURED LAND TRANSFERS - MECHANICSBURG
Date
09/01/2006
EXHIBIT "D"
POST TRIAL PRINCIPAL MORTGAGE PAYMENTS
PSEC]'
Pennsylvania Stote Employees Credit Union
'.
')~. 80x 67)12 717; 234-~424 (Harrisburg;
Harrisburg, PA 71 06-7013 :,BOO; 237- 731 iJ i:NatlonwidE~)
website - http://www.pseC1.1 Cl:lm
1111
NEED A NEW VEHICLE?
GET A LOAN FROH PSECU!
LOW RATES & FAST LOAN DECISIONS.
APPLY ONLINE WWW.PSECU.COH
OR CALL .&OO.tUAN.~5.5
.::~
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06/11
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06/12:.. .
06/12
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06/18
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~1'C11ON DESCRI~11oN .
TRANSACTION .,.~:". NEW
. AMOUNT. :~':":f".~~a ___~.
... # . .
. . . 't .:~"-:.~;' ~:. ..~
42: 54-. 127.5: 76. .
POS GIANT FOOD STORE~ a310 88P ~ORTH US 15
. '" .. .
DILLSBURG PA. ......
WITHDRAWAL POS 156002173
. ....- - ...,. .. .., --. '" - '" ..
. Pas:. GIAt.iT:. fQol)<. $T~e$. '$lO.. f'llQ.. N~Ttf.. US. 'l.S
.D1.t.LSIUJRG:!PA........ .................. ..
WITHDRAWAk. CHECl<. 'CA~D
135.58-- 1140.5,a
------~-~-.~-----~- ..-------
956.6~~83.~
~~~.91"'l48.87
nlO..I('J 2"'11S5~2MQM9AIJP81[j ~ J
WITHDRAWAL DIRECT DEPOSIT CITIHORTGAGE INC
T~... l.r'I"N. PAYHT 10: 1133108994
W~TtfP~I\H"kP~:~ ~~~ott~;S~:.."............ .......
· ... Pas ".MICHM!1.'~. :J,~:1'54' '~l~ .S;otPSON .FERR.V
CAMP' .811. L. .pA/.
WITHDRAWAL AT ATH 100005477/PD0275
ATH PNC NE 2130 S HARKET ST HECHANICBURGl
PA
P~Ytt,l7J.~T;. ....~T .... AcTH.. ..~~Q~ 9Z.9 0 5/T~.78Z4.
.... ATII . SANk .9F. H*tfc)VI! J.4:()!) . JlDSSTONtol. .,UlAD:. ·
WE l.l.$vtl.JJe .pA.......
WITHDRAWAL AT ATH #00008080/SA351,9..,
ATH H&T BANK H&T RUTTER'S STORE ETTERS' PA
WITHDRAWAL CHECK CARD
. '~~(09...i~~"tllEjA~~7"" .sS~ZTtJRl<eY. HILL .'0240 .Q69' "eCHAtUCS8~G .PA
WIT~'P~~~A~...~~~T ..l)~PQ$I,. .TRJ.\\IElERS... Pl...ABS
TYPE; .INsuuNte .nh. .10605"OSO
WITHDRAWAL POS 156492701
POS THE HOHE DEPOT 4120 6000 CARILSE PIKE
HECHANICSBURG PA
WJ:Tfi.~RI\HAL.C.~it::c::J<C~~D. ... ... ... ... ............... ....... .............. ...........
.. ~'/li.2lt32300HK7BRS3Df)R.. .5261 COUNTRY.' MARKET · NURSERY .. HECHANICSBlfRG. .Pi\
WITHj)RAWAl.. .PO$ 156250.0.01
POS THE HOHE DEPOT 4120 6000 CARILSE PIKE
HECHANICSBURG PA
WITHDRAWAL AT ATH 100008590/W43002
ATH$TAR,HETHQRK45$PR,lHTDRIVECARLISLE
. PA
WITHDRAWALCMEClCCARD
06/17 2444500HTE9SJJJB3 5921 GLENN HILLER'S BEER/SO LEHOYNE PA
WITHDRAWAL POS 100035056
POS TARGET T2099 CARLISLE 226 WESTHINSTER
DR CARLISLE PA
~
61.75-
87.12
100. 00- 1220.08
23.40- 1196.68
44.00... 1152.68
38.43- 1114.25
9.71,.,. 1104.54
107,67- 996.87
100.00- 896.87
67.03-
753.63
0302 000 054 1 10 ---
4271387
EXHIBIT "E"
POST TRIAL PSECU HOME EQUITY LOAN PAYMENTS
~
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Account History
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Your history will be retrieved based on the choices given below. Please select the account, start date,
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appropriate box.
Account: IREAL ESTATE EQUITY LOAN (LSO)'""";l
Start Date: rS/29/2006 - ~
End Date: 18/28/2006 m1J...J
Transaction Order: I Chronological -"~3
Continue
Effective Transaction Description Principal Interest Late Balance Check/Mise
Date Fee
6/1/2006 PAYMENT HOME BANKING TRANSFER -$167.68 $33.33 $0.00 $6,508.50
FROM SHARE 04
7/5/2006 PAYMENT HOME BANKING TRANSFER -$168.52 $32.49 $0.00 $6,339.98
FROM SHARE 04
7/28/2006 PAYMENT HOME BANKING TRANSFER -$169.36 $31.65 $0.00 $6,170.62
FROM SHARE 04
I
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Download for Quicken/MS Money
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.......J
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~a8/2006
8/2006
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Account History
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Your history will be retrieved based on the choices given below. Please select the account, start date,
end date, and the order to display the transactions. You may select your date range either by using
the calendar next to the date field or by entering the start and end date in mm/dd/yy format in the
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Start Date: 16/2/2006
End Date: {Si2S/20.06
Account: [REAL ESTATE EaUITY LOAN (L50) ....
~..
iiDII
.,
Transaction Order: Chronological
",.
Continue
Effective Transaction Description Principal Interest Late Balance Check/Mise
Date Fee
7/5/2006 PAYMENT HOME BANKING TRANSFER -$168.52 $32.49 $0.00 $6,339.98
FROM SHARE 04
7/28/2006 PAYMENT HOME BANKING TRANSFER -$169.36 $31.65 $0.00 $6,170.62
FROM SHARE 04
Ba.ck to Top _3
Download for Quicken/MS Money
https://homebank.psecu.comlhomebank/History/history . asp
8/28/2006
EXHIBIT "F"
POST TRIAL MET ED ELECTRIC PAYMENTS
~ccount Number. 100066451582 I Page 3 of 4
KIMBERLY A WHITE Invoice Number. 95771214136 M71
Met-Ed welcomes you as a customer. We look forward to serving you.
Keystone HELP - Pennsylvania's new unsecured loan program - provides special financing rates for homeowners
to purchase ENERGYSTAR and other qualifying energy-efficient products. For fast approval, or to find an approved
contractor/dealer in your area, visit www.keystonehelp.com. or call toll-free 1-888-232-3477.
Tree branches and shrubs - and insects that nest in vegetation - can make it difficult and, at times, unsafe for our
employees to read your meter. Please be sure your meter is easily accessible by clearing the path to it and the area
around it.
Met-Ed Basic Charges
Customer Number: 0803996390 0002328734 - Residential- ME_RS_01D
Customer Charge
Generation Charges
Transmission Charges
Distribution Charg~
Transition Charges
State Tax Surcharge
32 KWH
32 KWH
32 KWH
32 KWH
x 0.046060
x 0.001720
x 0.030290
x 0.007670
6.67
1.47
0.06
0.97
0.25
0.02
0.09
0.11 0.11
12.50
$ 22.03
Total State Tax Surcharge
Service Charge
T olal Met-Ed Charges
Residential
Meter Number
Present KWH Reading (Actual)
Previous KWH Reading (Actual)
Kilowatt Hours Used
G93152265
65,638
65,606
32
Usage Comparison
35
30
25
20
15
10
5
o
N N N N N N N N N N N N
A-Actual E-Estimate C-Customer N-No Usage
Average Daily Use (KWH)
Average Daily Temperature
Days in Billing Period
Last 1 Months Use (KWH)
Average Monthly Use (KWH)
Jun 06
1
64
29
32
32
PSE ~
\1111111\
P.O, Sex 67013 (717) 7.34-8484 (Harrisburg)
Harrisburg, PA 1 r 06-7013 (800:1237 -7328 (Nationwide)
website - http://www.psecu.com
Pennsylvoni() State Employees Credit Union
r
NEW CLOTHES, BOOKS, SCHOOL
SUPPLIES. GET EVERYTHING YOU
NEED FOR THE NEW SCHOPL. YEAR
WITH A SIGNATURE L~AN: .AP~LY NOW!
WWW. PSECU. COH .800. L~!.\t.(. 555.. ~
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JOINT OWNER
KIH A WHITE
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PIKE HECHANICSBUR PA
PAYHENT: AT ATH #00001316/~~3006
ATH STAR'NETWORK 4~HARKET'PL.~A HAY
.' MECH AtU: C$jt.JRq >PA ....
WITHDRAWAL. .Nr. .AJtf .#0 000 l.517A44~0 0 6....
.. Ant STAR.. NEna\K.4. MARKET . PLAZA HAY
HECHANICSBURG PA
CHECK 001887
WITHDRAWAL POS #00650861
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...... J>()$....Xs.. HAfU(J:TSt;U?'. 2150 BUHBLE.. BEE. Ho'
t1ECHANICSBtJR. .PA... ............. .......
WlTKDRA.~AL ... CHECK. . CARD
07/05 2444500JBES94XG51 5542 TURKEY HILL ao240 Q69 HECHANICSBURG PA
WITHDRAWAL CHECK CARD
ou07 ~40~339J002PRXAAF5921 GC BLOSSER INCCARLISLEPA
CHE.CI(>::O~O'la~&:9": ~.:. .~-,,~., ;;~< >~~,p:-tr~'~,;::~:~~~"::"
PR~ap~$~P.g~E(:K~i.t!lf!T~f!x)' ..... ..........~..~....
.~.....lYPE;.8Xf..LPYHT....m;..2258S8000~
WITHDRAWAL DIRECT DEPOSIT TRAVELERS PL-ABS
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TYPE: INSURANCE 10: 1060566050
DEP PRENOTIFICATIONFROH ALHA HEALTH~ LLC
loll ntl)lt~ijAL. .~T.. .(\TI'1.. ~.~ ~OO~ 9&8!SA~7)0..
....TM.. H&T .8ANK> HIT. NotUz9. $5980. HidtsURG.' NY
WI TlfDRAwAL CHECJ<> CARD
07/13 2416407JKIA2F7EZP 5999 HH-SONOHA OUTL07004674 LEESBURG VA
WITHDRAWAL CHECK CARD
07/14 2479262JL610XRT88 5812 HAX CLASSIC AHERI GRIL CHEEKTOHAGA NY
W:tTHDRM;JAtVIA.... "'QH~... BANKlNG. .TItANSt:::ER< TQ' lOAN 01
~ITtlP:RAWAL\lIAH()HEl\ANl(lNG TRANSFE.ftri lOAN 11
HITijJ)RA~AL. .POS... #i2255443
1202.57
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I.EMBEA NUMBER'
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0188XXX~XX
S1lIlTEMEHTPERIOD
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28.55;.., 1877/92
POS ROSSVILLE BEER DIS ROSSVILLE PA
07/18 WITHDRAWAL DIRECT DEPOSIT CHASE
TYPE: EPAY 10: 1760039224
07/1& WITHDRAWALATAtH#OOOQ.2658/TR6a.54
... ATH.. PSEE;U, .1101.. $fRDNT .ST . HARRISBURG .. PA.. ...
07/18 PAyMENT:.... AT.. ATM.... 000 0 2660/TR68-54
ATH PSECU 1101 S FRONT ST HARRISBURG PA
07/18 WITHDRAWAL POS #00607324
POS HEIS HARKETS a199 2150 BUHBLE BEE HO
MECHANICSBURPA
0302 000 054 6 10 --- CONTINUED ON FOLLOWING PAGE ---
733.46- 1144.46
2lL 00... 1124.46
1497. 59 2622.05
13.47- 2608.58
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Met-Ed
Return this part with a check or money order
Payable to Met-Ed
Account Number: 100066451582
Changes to your name or address?
Write them on the back.
~
II rlfSt[llil,qy Canpllny
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1...1111..111 r.....III.I'II.I"II.III.I'I.I..III,. .11"1.1.1.1
*********~Toi* 5-DIGIT 17007
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K~MBERl V ~.:.WH~"E "0
..:,1"'0 S YORK' .RD ,
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DIlLSBURG P-A
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17\019-9594
Amount Paid
Please Pay
$24.89
September 05, 2006
, .
Due By
HET-ED
PO BOX 3681
AKRON OH 44309-3687
1.1"1,1"1..11.11",1,111'111'111111..1.111111.,1.1,"1...11I
0210006645158200000000000000000000000014110000024892
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KIM "- WHITE
PH. "17~'697-7026
1010 "!-lAUCK ROAD
MEC~ANICSBURG. PA 17055
PAY TO THE'" fuCS ~ I U1..,
~ O~.DEROF ~ ' E& L ----- ~ I
'j~16~ -t8'lllo6 L~.
.: PSECU
HARRISBURG, PA 17110.2990
[OR~~ (,.lr-~ 1<... fl-~
.: 2 ~ . ~ 8 . . . b I: 205 b
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2056
DATE
60-8111/2313
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~Mel-Ed
Bill for: KIMBERLY A WHITE
1010 HAUCK RD
MECHANICSBURG PA 17055
Page 1 of 4
M71
August 14, 2006
I Account Number: 1000664515821
'.
A ~ IC~', "m --..
rirst... "";JY ,'-AInplIIlY
'. .
Billing Peliod: Jul15 to Aug 11, 2006 for 28 days
Next Reading. Date: On o~about Sep 12, 2006
Bill Based On: ~". Actual Meter Reading
t ~; . . ..' '. Prorated Bill
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Residential
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Your previous b.i:w-.s
.:;\. Total payr:nentslfl8j6stments
.,' Balance at billing on Augusl14, 2006
. Current Basic Charges
Met-Ed - Consumption
Late Payment Charges
Total Current Charges
ue e
>It
10.78
13.95
0.16
14.11
14.11
.. ..
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Bill issued by:
Met-Ed
PO Box 16001
Reading PA 19612-6001
~::g
Customer Service
Automated Outage Reporting
Collections
1-800-545-77 41
1-888-544-4877
1-800-962-4848
....
Page 1 of 4
M71
..Met-Ed.t~
----
II r'trSlFrlffgy Cnmrall)/ \.
July 17,2006
I Account Number: 1000664515821
Bill for: KIMBERLY A WHITE
1010 HAUCK RD
MECHANICSBURG PA 17055
,-
Billing Period: Jun 14 to Ju114, 2006 for 31 days
Next Reading Date: On or about Aug 11, 2006
Bill Based On: Actual Meter Reading
Your previous bill was
Total paymen.tsladjustments
Balance at bi'lIing on July 17, 2006
Current Basic'Charges
~t-Ed - Consumption
" Lah9 Payment Charges ..
Total CUllent Charges
o ue u
0.00
10.64
0.14
10.78
10.78
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V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
05-3973 CIVIL
KIMBERLY A. WHITE,
PLAINTIFF
JULIE STEVENS,
DEFENDANT
EQUITABLE PARTITION
ORDER OF COURT
AND NOW, this 28th day of September, 2006, upon review of the Plaintiff's
Revised Calculations of the Final Distribution, and the Defendant having not filed a
Request for Final Adjustment solicited in Paragraph 6 of the Court's Order of
June 20, 2006 as amended by the Court's Order of June 22, 2006;
IT IS HEREBY ORDERED AND DIRECTED that the sum of $35,503.37, this
sum being the net equity from the sale of the 1010 Hauck Road property, shall be
distributed as follows:
(1) $25,113.19 to Kimberly A. White,
(2) $10,390.18 to Julie Stevens.
By the Court,
\1
M. L. Ebert, Jr.,
~
~':),\J(lJ
00 :Zl
5Z d:1S gcGl
KIMBERLY A. WHITE,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
05-3973 CIVIL
JULIE STEVENS,
DEFENDANT
EQUITABLE PARTITION
ORDER OF COURT
AND NOW, this 3rd day of October, 2006, the Court now being in receipt of the
Defendant's Final Distribution Calculations, filed September 26, 2006, the Order of Court
dated September 28,2006, is hereby withdrawn.
After analysis of the Defendant's Final Distribution Calculations, IT IS HEREBY
ORDERED AND DIRECTED that the request for additional monies based on her claim
of continued rental fees and payment of an insurance claim for stolen copper plumbing
are DENIED.
IT IS HEREBY ORDERED AND DIRECTED that the final distribution of the sum
of $35,503.37, this sum being the net equity from the sale of the 1010 Hauck Road
property, shall be distributed as follows:
(1) $25,113.19 to Kimberly A. White,
(2) $10,390.18 to Julie Stevens.
By the Court,
,'\.~
M. L. Ebert, Jr.,
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