HomeMy WebLinkAbout06-1570Brenda Kleckner, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -LAW
Edward Kleckner, : NO. (DL,- /S-'YO CIVIL TERM
Defendant IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the case
will proceed without you and a decree of divorce or annulment may be entered against you for
any claim or relief requested in these papers by the Plaintiff. You may lose money or property or
other rights important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of
the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County,
Pennsylvania, 17013.
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.
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
Brenda Kleckner, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION -LAW
Edward Kleckner, : NO. CIVIL TERM
Defendant : IN DIVORCE
COMPLAINT IN DIVORCE
NO FAULT
Plaintiff is Brenda Kleckner, an adult individual currently residing at an undisclosed
location in New Cumberland, Cumberland County, Pennsylvania.
1 Defendant is Edward Kleckner, an adult individual currently residing at 545 N. 65th
Street, Steelton, Dauphin County, Pennsylvania.
3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so
for at least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on October 2, 1993 in Cumberland County,
Pennsylvania.
5. There have been no other prior actions for divorce or annulment between the parties.
6. Neither the Plaintiff nor the Defendant are members of the United States Armed
Forces or its Allies.
7. Plaintiff has been advised of the availability of counseling and the right to request that
the Court require the parties to participate in counseling. Knowing this, Plaintiff does
not desire that the Court require the parties to participate in counseling.
8. Plaintiff and Defendant are citizens of the United States of America.
9. The parties' marriage is irretrievably broken.
10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90)
days from the date of service of this Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to
23 P.S. Section 3301 (c) of the Domestic Relations Code.
Respectfully submitted,
`FV0.a t?¢h I?.Q}LnC?<?rv?r f7.'?`?
Hannah Herman-Snyder, Esquire TT
Attorney for Plaintiff
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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 falsifications to authorities.
4BNDA ? DATE: 11tKLEC ER, Plaintiff
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Brenda Kleckner,
Plaintiff/Petitioner
V.
Edward Kleckner,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 06-1570 CIVIL TERM
IN DIVORCE
PETITION FOR SPECIAL RELIEF: PREVENTION OF DISSIPATION
OF ASSETS AND FORCE SALE OF MARITAL REAL ESTATE
AND NOW, comes Petitioner, Brenda Kleckner, by and through her attorney of
record, Hannah Herman-Snyder, Esquire and petitions the Court as follows.
1. Petitioner is an adult individual currently residing in an
undisclosed location in New Cumberland, Cumberland County,
Pennsylvania.
2. Respondent is an adult individual currently residing at 545 North
65`x' Street, Harrisburg, Dauphin County, Pennsylvania.
3. Petitioner filed a Divorce Complaint on March 20, 2006.
4. Petitioner and Respondent have marital assets, including but not
limited to a several homes, bank accounts, personal property,
retirement, pensions, and investments.
5. The parties separated on or about December 15, 2005 due to
Respondent's crack addiction, at which time Petitioner left the
marital residence.
6. Respondent had gone through and continues to go through a
considerable amount of his own assets and marital assets in fueling
his crack addiction, which began approximately three years ago.
7. Respondent is currently unemployed, having lost his last known
employment on or about January 1, 2006.
8. The parties are joint owners of real estate located at 545 North 65`h
Street, Harrisburg, Dauphin County, Pennsylvania, and
Respondent, who resides in the residence, has not paid the
mortgage on the residence in four months.
9. Respondent was sent an Act 91 Notice, dated February 20, 2006,
from the parties' mortgage company, Citifinancial Mortgage
Company, Inc., a copy of which is attached hereto and
incorporated herein by reference as Exhibit "A."
10. Prior to receiving the Act 91 Notice, Respondent contacted
Citifinancial Mortgage Company, Inc. and informed the mortgage
company of his intention to bring the mortgage current.
11, Respondent sent in a check to Citifinancial Mortgage Company,
Inc. in the amount of approximately $1,700.00 towards the arrears
and the check was returned for insufficient funds.
12. Respondent again assured Citifinancial Mortgage Company, Inc.
that he intended to bring the mortgage current by March 22, 2006
and subsequently made no efforts to do so.
13. As of March 30, 2006, the parties owed Citifinancial Mortgage
Company, Inc. $4,528.82 as is evidenced by the letter from Ryan
Ollier, Loss Mitigation Specialist dated March 30, 2006, a copy of
which is attached hereto and incorporated herein by reference as
Exhibit "B."
14. As Respondent is unable to keep the mortgage payments current on
the marital residence, Petitioner would like to immediately list the
property for sale.
15. Respondent purchased a property at 371 South 2"d Street, Steelton,
Dauphin County, Pennsylvania a month prior to the parties'
marriage, date of marriage being October 2, 1993, and the parties
resided in this property for approximately eleven (11) years.
16. For the last four (4) years said property has been a rental property
and Respondent was in charge of collecting the rent and turning
around and paying the mortgage through V artan Bank.
17. Petitioner had access to the Vartan Bank account through October
2005 at which time she asked to be removed from said account as
Respondent was bouncing checks, which reflected poorly on
Petitioner's credit.
18. As Petitioner is not on the deed or mortgage for the rental property
and has not had access to the bank account from which the
mortgage was paid since October 2005, she is unaware of whether
the mortgage for the rental property is currently being paid.
19. As Respondent is not currently working, has not paid the mortgage
on the marital residence and has a habit of using any money
received for his drug habit, Petitioner believes that the mortgage
for the rental property is not being paid.
20. Both the marital residence and the rental property currently have
equity that Petitioner wishes to preserve as she is entitled to a
portion of the equity in equitable distribution.
WHEREFORE, Petitioner requests your Honorable Court to enter an Order
enjoining both parties from removing or disposing of any marital assets, including but not
limited to bank accounts, retirements, pensions, vehicles, and other personal property;
and directing that either Respondent shall bring the mortgage for the real estate located at
545 North 65`h Street, Harrisburg, Dauphin County, Pennsylvania current within ten (10)
days of this Order, or the parties shall list the house for sale within ten (10) days of this
Order with a mutually agreed upon real estate agent. If the parties cannot agree on a real
estate agent within seven (7) days of this Order, each party shall submit three proposed
real estate agents to the Court within ten (10) days of this Order and the Court shall issue
an order directing with whom the real estate shall be listed; and the parties shall list the
real estate located at 371 South 2"d Street, Steelton, Dauphin County, Pennsylvania for
sale within ten (10) days of this Order, according to the same provisions as above in
regards to the marital residence. The proceeds from the sales of the properties shall be
held in escrow until the parties resolve all equitable distribution issues.
Respectfully submitted,
Date: !-1 - y " O Lp "? r. fw h `?l t ?r? A I ? A R 1
Hannah Herman-Snyder, Esquir
Attorney for Plaintiff/Petitioner
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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 falsifications to authorities.
DATE: IIi( 7) cl ??6c ??fZ?
DA KLECKNE , laintiff(Petitioner
DDSP-ISA-76
o9/91/06 01:SSpm P. 001
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
February 20, 2006
TO: Breads Kleckner Edward A. Kleckner
545 N. 65th St 545 N. 65th St.
Harrisburg, PA 17111 Harrisburg, PA 17111
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS
SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN
AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE. IF
YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS
CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO
COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY.
This is an official notice that the moaseaae on your home is in default and the lender intends to foreclosure
$geclfic information about the stature of the default is providcd in the attachedRages
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save
your home This Notice explains how the grogram works
This Notice contains important legal information. If you have any questions, representatives at the
Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an
attorney in your area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUEDE AFECTA SU DERECHO
A CONTiNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTF, LLAMANDO ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA
LLAMADO"HOMEOWNERS EMERGENCY MORTGAGE ASSISTANCE PROGRAM'EL CUAL
PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMAR SU HIPOTECA.
DDSP-ISA-76
03/31/06 01;SBpm P. 002
STATEMENTS OF POLICY
HOMEOWNER'S NAME (S): Brenda Kleckner and Edward A. Kleckner
PROPERTY ADDRESS: 545 N. 65th St, Harrisburg, PA 17111
LOAN ACCT. NO.: 51IM18642
ORIGINAL LENDER: Citifinancial Mortgage Company, Inc.
CURRENT LENDER/SERVICER: Citifinaocial Mortgage Company, Inc.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR ROME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH TIME PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1463 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE.
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE-Under the Act, you are entitled to a temporary stay, of
foreclosure on your mortgage for dirty three (33) days from the date of this Notice. During that time you
must arrange and attend a face-to-face meeting with one of the consumer credit counseling agencies listed
ar the and of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (331 DAYS. IF YOU
CONSUMER CREDIT COUNSELING AGENCIES-If you nreel with one of the consumer credit
coumseline agencies listed at the end of this notice the lender may NOT take action against you for thirty
only necessary to schedule one face-to-face meeting. Advise your lender immediately
APPLICATION FOR MORTGAGE ASSISTANCE-Your mortgage is in a default for the reasons set forth
later in this Notice (see following pages for specific information about the nature of you default.) If you
have tried and are unable to resolve this problem with the lender, you have the right to apply for financial
assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out,
sign and file a completed Homeowner's Emergency Assistance Program Application with one of the
designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit
counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Yom application MUST be filed or postmarked
within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU
DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER,
FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION-Available funds for emergency mortgage assistance are very limited. They will be
disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing
Finance Agency has sixty (60) days to make a decision after it receives your application. During that time,
DDSP-ISA-76
03/31/05 01:SSpm P. 003
no foreclosure proceedings will be pursued against you if you have met the time requirements set forth
above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your
application.
NOFEt W YOU ARE CURRENTLY rR0 FA--YXD BY THE FILING OF A PETITION IN
BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION
PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT
THE DEBT.
HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it ur to date).
NATURE OF THE DEFAULT-The MORTGAGE debt held by the above tender on your property located
at: 545 N. 65th St., Harrisburg, PA 17111 IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the
following amounts are now past due: Start/End: 12/01/05 through 02/01/06 at $95955 for 12/01/05 then
$873.09 for 01101106 through 02/OM per month.
Monthly Payments Plus Late Charges Accrued $2,605.73
NSF: $0.00
Inspections: $0.00
BPO: $0.00
Speed pay: $0.00
Uncollected credit insurance: $0.00
Uncollected into charges: $0.00
Taxes: $0.00
Late fee income: $0.00
Total amount to cure default $2,605.73
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTIONS (Do not use if not applicable): N/A
HOW TO CURE THE DEFAULT-You may cure the default within THIRTY THREE (33) DAYS
of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER,
WHICH IS $205.73, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH
BECOME DUE DURING THE THIRTY THREE (33) DAY PERIOD. As of the date of this
letter, you owe the amount specified above. Because of interest, late charges, and other charges
that may vary from day to day, the amount due on the day that you pay may be greater. Hence, if
you pay the amount shown above, an adjustment may be necessary after we receive your check, in
which event we will inform you before depositing the check for collection. For further
information, write the undersigned or call (S00) 422.1498. Payments ust be made either by
You can cure any other default
DAYS of the date of this letter.
THREE
IF YOU DO NOT CURE THE DEFAULT-If you do not cure the default within THIRTY THREE (33)
DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortga eg debt.
The means that the entire outstanding balance of this debt will be considered due immediately and you may
lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is
not made within THIRTY THREE (33) DAYS, the lender also intends to instruct its attorney to start legal
action to foreclosure upon your mortgage meuerty.
IF THE MORTGAGE IS FORECLOSED UPON- The mortgaged property will be sold by the Sheriff to
pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency
before the lender begins legal proceedings against you, you will still be required to pay the reasonable
attorney's fees that were actually, incurred, up to $50.00. However, if legal proceedings are started against
you, you will have to pay all reasonable attomey's fees actually incurred by the lender even if they exceed
DDSP-ISA-76
03/31/02 01:SSp P. 004
$50.00. Any attorney's fees will be added to the amount to the lender, which may also include other
reasonable costs. If You cure the default within the THIRTY THREE (33) DAY period, you will not be
required to pay attorney's fees
OTHER LENDER REMEDIES-The lender may also sue you personally for the unpaid principal balance
and all other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE If you have not cured the default
within the THIRTY THREE (33) DAY period and foreclosure proceedings have begun, you still have
nKggW. Curing your default in the manner set forth in this notice will restore your mortgage to the same
position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE-It is estimated that the earliest date that such a Sheriff s
Sale of the mortgaged property could be held would he approximately SIX (6) MONTHS from the date of
this Notice. A notice of the actual date of the Sheriff s Sale will be sent to you before the sate. Of course,
the amount needed to cure the default will increase the longer you wait. You may find out at any time
exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDS CStifinancial Mortgage Company, Inc.
i I I I Northpoint Drive
Cappelli, TX 75019
Attn: Loa Mitigation
(0110) 422.14911
EFFECT OF SHERIFF'S SAL You should realize that a Sheriffs Sale will end your ownership of the
mortgaged property and yore right to occupy it. If you continue to live in the property after the Sheriff's
Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at
any time.
ASSUMPTION OF MORTGAGE-You may or_X_may not (CHECK ONE) sell or transfer
your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding
payments, charge and attorney's fees and cost are paid prior to or at the sale and that the other requirements
of the mortgage am satisfied.
YOU MAY ALSO HAVE THE RIGHT
• TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO
BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
• TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
• TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD
OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU NOT HAVE THIS RIGHT TO
CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
• TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING
OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
• TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY
THE LENDER
• TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY IS ATTACHED
DDSP-ISA-76
03/31/06 01:53pm P. 005
If that is the fist notice that yeti have received from this office, be advised that, Van may dspate the
validity of the debt or my portion thereof. If yon do so in waiting wit?ia thirty (30) days from the
receipt of this 1~, this firm will obtain and provide you with written verification thereof; otherwise
the debt wN be mentioned to be valid. Liltewisc if requested in writing within thirty (30) days from
receipt of this letter, the firm will send you the name and address of the original creditor if different
from above.
Very truly yours,
FF: jmm
Phelan Hallinan & Schmieg, LLP
On Behalf of Citifinanciai Mortgage Company, Inc.
By' --
Francis S. Hallinan
Cc: Citifinancial Mortgage Company, Inc.
Attn: Loss Mitigation Account No.: 5002616042
Mailed by 1" Class Mail and by Certified Mail No: 7005 3110 0004 4112 2591/2607
DDSP-SSA-76
int-01-22M 11:tm Fran
Pennsylvania Housing Rnance Agency
Homeowners' Emergency More Assistance Program
County Counselerg Agency List
Jamary 2005
03/31!06 01:S6pm P. 00S
T-441 VNITA1tN F518
CUMBERLAND
Manna Candy Inlerfarh Houft Au6
40 F Huh Skeet
Qefpaburs PA 17325
(717) 334-1516
C= of Woolens PA
2000 Lkglesoen Poad
HanUmag, PA 17102
866411,2227
Cann w* Acoon Cgrmlegon of Ca
1514 Dory Sbast
Horflabrag, PA 17104
(717) 232.9757
LOVISSW hm
2320 rla0f fithEWeet
Harriaeua, PA 17110
(717) zit
malonadra
43 PlAndelphia Avenue
WaynsWaq PA 17266
(717) 71l2M%
PHFA
211 H" Fmra Sheet
HarfWASM PA 17110
500-342.27
CCCS of Wes6am PA
2000 Lingles/omm Road
Hlal WAft PA 17102
866-611,2227
comm" A AOD cara.fmwm of ce
1514 Deny Sheet
HYf Urg, PA 17104
(717) 1928767
Lavadlb, k¢.
2320 MOM -9h Stnlm
Hornebua, PA 17110
(717) 2374707
PHFA
211 North Front Sbad
Hmrjoburg, PA 17110
800442-2397
DELAWARE
Acorn Houeft Cofpmatlon
646 Norle Broad Sheet
Phi A"fts, PA 19130
(215)765-1221
Arnaliean Cna10 Cmm *V km*UI9
173 Ska(f9M Aoefau
SuOe 1
Wayne, PA 19067
(610) 971.7110
American Fbancei Cou6aerng Sarvk
1 AWn" Phft &J-00 403
ON Yak Road and Township Una
Jenitinto op, PA 19046
600490.3039
American FkwvU Ca6seft Set*
175 Sbafiald Avenue. St11se 00
Wayne, PA 19067
60049030w
Carrell Pwk Comma* Caunoll, Ina.
5218 Master Sbm!t
Phftt* ia, PA 10131
(216) X77.7157
Arnerkan Red Goan of Chaser
1729 Edpwriont Avenue
Cbealer, PA 19013
(610) 874-1484
CCCS of PAW/am Va6oy
200 Haft P1tladelrA Road
Made, PA 19069
Q15) 883.8895
APM
2147 NoM SbM Skeet
PAiadelphl% PA 19722
(Z1S) 23"788
CCCS of DdmWe VAW
790E mmftt8t
SUM* 170, Marshall t711ft
WadChseler.PA 19362
(215) 565-WO
Page a of 21
MRR-30-2006 11:26 FROM:CITIFINRNCIL 9726570196 70:7172435363 P.1'1
c ti finandal-
mortgage
March 30, 2006
Brenda Kleckner
Edward A Kleckner
545 N. 65°i Street
Harrisburg, PA 171 11
Re: 5002618042
Dear Mr. & Mrs. Kleckner
We are extremely concerned that your mortgage account has not been kept current. If this
situation is not corrected soon, and the amount of $4,52882 is not received, you could lose
your home through acceleration of the mortgage and foreclosure.
You do have options. We would like to speak with you about the choices available to you to
prevent foreclosure on your property. CitiFinaucial Mortgage will consider reasonable proposals
to correct this default situation. This includes working with you toward the sale of your property,
even if the property is worth less than you owe.
Without talking to you we cannot help. It is extremely important that you contact our office
immediately at toll free 1-800-713-0891 extension 17624
Due to the serious nature of the default in payments and because a foreclosure action is possible,
you should be prepared to discuss your situation in some detail when you call. Call immediately
so that we can begin working toward a reasonable solution to this problem,
Sincerely,
Ryan Ollier
Loss Mitigation Specialist
CitiFinancial Mortgage Company, Inc..
1111 Northpoint Dr.
Coppell, TX 75019
This is an attempt to collect a debt, and any information obtained will be used for that purpose.
If an attorney represents you, please refer this letter to such attorney and provide us with such
attorney's name, address and telephone number.
To the extent your obligations have been discharged, or are subject to an automatic stay of
bankruptcy order under title 11 of the Unites States code, this notice is for compliance and
informational purposes only and does not constitute a demand for payment or any attempt to
collect any such obligation. 31 ICI
Brenda Kleckner,
Plaintiff/Petitioner
V.
Edward Kleckner,
Defendant/Respondent
IN THE COURT OF COMMON PLEA
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION- LAW
No. 06-1570 CIVIL TERM
IN DIVORCE
CERTIFICATE OF SERVICE
I, Hannah Herman-Snyder, Esquire, hereby certify that I did, the !. i day of
April, 2006, cause a copy of Plaintiff/Petitioner's Petition for Special Relief to be served
upon Defendant/Respondent by first class mail, postage prepaid at the following
addresses:
Edward Kleckner
545 N. 65`h Street
Harrisburg, PA 17111
Respectfully submitted,
Date:
0,\?. nh '?l ec?y",N-A ,„?t 11
Hannah Herman-Snyder, Esquire
Attorney for Plaintiff/Petitioner
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
r ? "'.'
,1
.?.
i to ;
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Brenda Kleckner, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. : 06-1570 CIVIL
Edward Kleckner, :
Defendant/Respondent : IN DIVORCE
ORDER OF COURT
AND NOW, this 12" day of April, 2006, upon consideration of the foregoing
petition, IT IS HEREBY ORDERED AND DIRECTED that:
1. A rule is issued upon the defendant to show cause why the plaintiff is not
entitled to the relief requested;
2. The defendant will file an answer to this petition on or before May 2, 2006;
3. A copy of said answer will be filed with this Court;
4. The petition shall be decided under Pa.R.C.P. No. 206.7;
5. If the Defendant files an answer to this Rule to Show Cause, and the answer
raises disputed issues of material fact, an evidentiary hearing shall be held on the
8`h day of May, 2006, at 10:00 a.m. in Courtroom No. 5 of the Cumberland County
Courthouse. If no answer to the Rule to Show cause is filed by the required date, the
relief request by Plaintiff shall be granted.
By the Court,
M. L. Ebert, Jr.,
Hannah Herman-Snyder, Esquire ??I ? ???C(Y
Attorney for Plaintiff/Petitioner U?
Edward Kleckner, Esquire - o ?r?r ?•
Defendant f y 0.
bas '?/// a /6L
-,
?.
~,
. ?:4
S/ _„
BRENDA KLECKNER,
Plaintiff
VS.
EDWARD KLECKNER,
Defendant
TO: The Prothonotary
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-1570 CIVIL TERM
IN DIVORCE
PRAECIPE TO REINSTATE
Please reinstate the Complaint in Divorce filed in the above captioned matter.
Respectfully submitted,
DATE: y -d 1- c) ?j
11 66 f 1 A7 \ W b1 fnTr1 6r(\UA0T,
Hannah Herman-Snyder, Esgthre
Attorney for Plaintiff
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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BRENDA KLECKNER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -LAW
EDWARD KLECKNER, :NO. 06-1570 CIVIL TERM
Defendant : IN DIVORCE
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Courtney L. Kishel, Esquire on behalf of the Defendant,
Edward A. Kletner, in the above-captioned action.
Date:
By:
Courtney L. hel, Esquire
Attorney for De endant
Post Office Box 650
Hershey, PA 17033
(717) 533-3280
PA I.D. No. 81509
Courtney L. Kishel, Esquire
PA I.D. NO. 81509
James, Smith, Dietterick & Connelly LLP
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
BRENDA KLECKNER,
Plaintiff
V.
EDWARD KLECKNER,
Defendant
ORIGINAL
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 06-1570 CIVIL TERM
IN DIVORCE
DEFENDANT'S ANSWER TO PLAINTIFF'S
PETITION FOR SPECIAL RELIEF: PREVENTION OF DISSIPATATION
OF ASSETS AND FORCE SALE OF MARITAL REAL ESTATE
Neither admitted nor denied. Defendant does not have the requisite
knowledge to respond to this averment.
2. Admitted.
Admitted.
4. Admit in part, denied in part. It is admitted that the parties have marital assets
that include the marital home, bank accounts, personal property, retirement
and pension accounts. It is specifically denied that the parties' have
investment accounts as part of marital assets, since the investment account
held in Defendant's name alone, was an inheritance that he received upon his
father's death, in January of 2001. As that property is an inheritance, and not
commingled with any other marital asset, the property remains separate
property, and is not marital property.
Denied. Petitioner did not leave the marital residence until January, 15, 2006.
It is specifically denied that Respondent has a crack addiction.
6. Denied. As previously stated, it is specifically denied that Respondent has a
drug addiction. Moreover, it is denied that he is dissipitating marital assets.
Proof to the contrary is demanded at trial.
Admitted, with clarification. Respondent lost his employment on January 19,
2006.
Admitted in part, denied in part. It is admitted that the parties are joint owners
of the property situated at 545 North 65`h Street, Harrisburg, Dauphin County,
Pennsylvania. It is denied that Respondent has failed to make mortgage
payments on the residence in four (4) months. Rather, Respondent has paid
approximately $3,500.00 to pay on the mortgage balance. Proof of said
payment is attached hereto as Exhibit "A", and incorporated herein by
reference.
9. Admitted, with clarification. As indicated on the Act 91 Notice, Petitioner
was also sent a copy of this notice.
10. Admitted.
11. Denied. It is admitted that Respondent sent Citifinancial Mortgage Company,
Inc., a check in the amount of $1,700 for the mortgage payment. It is
specifically denied that Respondent's check was returned for insufficient
funds. Respondent stopped payment on the check with his bank.
12. Denied. As previously stated, Respondent has paid $3,500.00 to Citifinancial
Mortgage Company to pay the delinquent mortgage. In addition, he is the
process of making payment arrangements with Citifinancial Mortgage to bring
the mortgage current.
13. Admitted. It is admitted that at the time of the letter, the balance owed on the
mortgage was $4,528.82. However, since Respondent made a $3,500.00
payment, the mortgage has a currently balance due of $1,528.82.
14. A response is not required. To the extent that a response is required, this
averment is specifically denied.
15. Admitted.
16. Admitted in part; denied in part. It is admitted that Respondent is in charge of
collecting rent and paying on the mortgage to that property. It is denied that
the property has been a rental property for the past four (4) years. Rather, the
property has been a rental property for the past two (2) years. During this two
year period, Petitioner's daughter and her daughter's partner live in the home,
at a reduced rental rate, which did not cover the monthly mortgage payment.
17. Admitted, in part. It is admitted that Petitioner had access to the Vartan Bank
account through October 2005, when she had herself removed from the
account. Respondent does not have any knowledge, nor can he answer why
Petitioner did what she did, or how her credit report was affected by being on
the account. Moreover, the mortgage payments have been made on the
Steelton property, as recently as April 10, 2006, as evidence by a receipt
attached hereto as Exhibit `B".
18. Admitted.
19. Admitted in part, denied in part. It is admitted that Respondent is not working.
It is denied that Respondent has not been making payments on the mortgage
on the marital residence. Moreover, it is specifically denied that Respondent
has a drug habit.
20. Denied. It is specifically denied that there is sufficient equity in the home that
Petitioner is entitled to as part of equitable distribution. The parties'
refinanced the existing mortgage on the marital residence in April, 2005. At
that time, the parties took out a loan for $104,000.00. While the fair market
value of the property was appraised at $143,000.00, the equity in the home
does not offset the credit card debt and other marital debt that Respondent
assumed when Petitioner left the marital residence. Moreover, the Steelton
property has a mortgage balance of approximately $60,000.00. It was last
appraised at $85,000.00 in 2003; however, the market value of that property
has significantly decreased in that area. In addition, the property has a sewer
leak, severely reduces the market value of the home.
WHEREFORE, for the foregoing reasons it is respectfully requested that This
Court deny Petitioner's Petition for Special Relief.
Respectfully Submitted,
James, Smith, Dietterick & Connelly
Courtney L. Kishel, Es uire
PA I.D.No. 81509,
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Attorney for Respondent/Defendant
VERIFICATION
1, Edward A. Kleckner, verify that the statements made in the foregoing pleading are true
and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unswom falsification to authorities.
r
Date: 0
Edward A. Kleckner
BRENDA KLECKNER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -LAW
EDWARD KLECKNER, :NO. 06-1570 CIVIL TERM
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
I, Courtney L. Kishel, Esquire, of James, Smith, Dietterick & Connelly, LLP attorney for the
Defendant, Edward Kleckner, hereby certify that I have served a copy of the foregoing Answer on
the following on the date and in the manner indicated below:
VIA U.S. MAIL, FIRST CLASS, PRE-PAID
Hannah Herman-Snyder, Esquire
Griffie & Associates
200 North Hanover Street
Carlisle, PA 17013
JAMES, SMITH, DIETTERICK
& CONNELLY,LLP
?-
Dated: By:
Courtney L. Kishel
Attorney I.D. #8,15 9
P.O. Box 650
Hershey, PA 17033-0650
(717) 533-3280
Attorneys for Defendant
vartan national bank
the region's premier business bank
Member
FDIC
REMITTER: EDWARD A KLECKNER
OVE 4/10/06
002059
CITI FINANCIAL MORTGAGE
EXACTLY **3,500 AND 00/100 DOLLARS $ $3,500.00
CUSTOMER FILE COPY
CASHIER'S CHECK
VARTAN NATIONAL BANK
AUTHORIZED SIGNATURE
NOT NEGOTIABLE
EXHIBIT "A"
Thank vanan national bank
YOU the region's premier business bank
k Your
Business!
REEK drawer: 5d5 4/10/06
Trmsk: _ 15:20:24
wnfiUM4275
1-p4 its/-Fayments $600.00
DEPOSITS MAY NOT BE AVAILABLE FOR IMMEDIATE WITHDRAWAL. BANK SYMBOL. TRANSACTION NUMBER AND AMOUNT OF DEPOSIT ARE SHOWN ABOVE.
EXHIBIT "B"
Brenda Kleckner,
Plaintiff/Petitioner
V.
Edward Kleckner,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 06-1570 CIVIL TERM
IN DIVORCE
ORDER OF COURT
AND NOW, this I day of lig? 2006, upon request of
both counsel, it is hereby ordered and directed that the hearing previously scheduled in
this matter for Monday, May 8, 2006 at 10:00 a.m. is continued. The hearing is
rescheduled for 'JIL the --2?7 day of 2006, at
q, C 0 o'clock A m.
By the Court,
Xmiah Herman-Snyder, Esquire
Attorney for Plaintiff/Petitioner
/ourtney L. Kishel, Esquire
Attorney for Defendant/Respondent
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Brenda Kleckner, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -LAW
Edward Kleckner, NO. 06-1570 CIVIL TERM
Defendant IN DIVORCE
AFFIDAVIT OF SERVICE
I 2006, hand
I confirm, that I did this CZ?? day of
1? a'
deliver a true and attested copy of a Petition for Special Relief: Prevention of Dissipation
of Assets and Force Sale of Marital Real Estate and resulting Order of Court & Rule to
Show Cause to the above-referenced Edward Kleckner, at the following address:
a t l C n I " ';z'4--
Sworn and subscribed
to before me this r???fJ
day of4?_, 2006.
tary z lic
(Constable)
CUMMONWEALTIN OF P N SYLVANIA
NOTARIAL SEAL
JUDY 8. C.'HEN, Notary Public
Lower Paxtm Twp., Dauphb Comer
My ?Coenrnission Expires Dec. 28, 2008
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Brenda Kleckner, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION -LAW
Edward Kleckner, : NO. 06-1570 CIVIL TERM
Defendant : IN DIVORCE
AFFIDAVIT OF SERVICE
I confirm that I did this c,/e:;4 day of I 2006, hand
deliver a true and attested copy of a reinstated Complaint in Divorce and resulting Notice
to Defend & Claim Rights to the above-referenced Edward Kleckner, at the following
address:
14S
Sworn and subscribed
to before me this J
day of A / 12006.
otaryblic
i-? S+,
(Constable)
,40NWEALTH Of P N SYWANIA
NOTARIAL SI:At
fly E3. !:. 'EN, Notary Pmblc
Lower p?xttyi TV DauphYi Corttyr
'dY fission Expires Dec. 28, j
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Brenda Kleckner, : IN THE COURT OF COMMON PLEAS
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
Edward Kleckner, : No. 06-1570 CIVIL TERM
Defendant/Respondent : IN DIVORCE
ORDER OF COURT
AND NOW, this day of , 2006, upon request of
both counsel, it is hereby ordered and directed that the hearing previously scheduled in
this matter for Friday, July 7, 2006 at 9:00 a.m. is continued. The hearing is rescheduled
for , the 11?'-day of , 2006, at Q(I as o'clock
A--m.
By the Court,
/annah Herman-Snyder, Esquire
Attorney for Plaintiff/Petitioner
/ourtney L. Kishel, Esquire -J
Attorney for Defendant/Respondent
VV
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Brenda Kleckner,
Plaintiff/Petitioner
V.
Edward Kleckner,
Defendant/Respondent
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 06-1570 CIVIL TERM
IN DIVORCE
PRAECIPE TO WITHDRAW
TO THE PROTHONOTARY:
Please withdraw the Petition for Special Relief: Prevention of Dissipation of
Assets and Force Sale of Marital Real Estate filed in the above-captioned matter on April
4, 2006.
Date: IK - > - O La
Respectfully submitted,
-s
Hannah Herman-Snyder, Esqui e
Attorney for Plaintiff/Petitioner
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
Brenda Kleckner, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
Edward Kleckner, : No. 06-1570 CIVIL TERM
Defendant/Respondent : IN DIVORCE
ORDER OF COURT
AND NOW, this 3c day of y q 0 S0 ? 2006, upon consideration of
Plaintiff/Petitioner's Praecipe to Withdraw and correspondence from counsel for
Plaintiff/Petitioner, it is hereby ORDERED and DIRECTED that the Order dated July 7, 2006,
scheduling a hearing for Thursday, August 17, 2006 at 9:00 a.m. is hereby VACATED.
By the Court,
J.
Hannah Herman-Snyder, Esquire
Attorney for Plaintiff/Petitioner
Courtney L. Kishel, Esquire "' ?
Attorney for Defendant/Respondent ,
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Brenda Kleckner,
Plaintiff/Petitioner
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Edward Kleckner, : No. 06-1570 CIVIL TERM
Defendant/Respondent : IN DIVORCE
PRAECIPE TO WITHDRAW
TO THE PROTHONOTARY:
Please withdraw the Petition for Special Relief: Prevention of Dissipation of
Assets and Force Sale of Marital Real Estate filed in the above-captioned matter on April
4, 2006.
Date: ie, - J - U to
Respectfully submitted,
V1 Can ?nl? ??.®nfw?an-Sa m.v
Hannah Herman-Snyder, Esqui e
Attorney for Plaintiff/Petitioner
GRIFFIE & ASSOCIATES
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
Bradley L. Griffie, Esquire
Ianash Herru.Sayder, Etgoire
Robin J. Gaebern
Officemmw
Reply to: Carltsie
& .Assoc ATTS
Attorneys and Cotatsekws at Law
August 2, 2006
The Honorable M.L. Ebert, Jr.
One Courthouse Square
Carlisle, PA 17013
RE: Brenda Kleckner v. Edward Kleckner
No. 06-1570
In Divorce
Dear Judge Ebert:
200 North Hanover Street
Carihk PA 17013
(717) 2433551
100I.iaeoin Way Sort, Suite A
Chawherebur0, PA 17201
(717) 267-1350
(000)347-5552
Fax (717) 243-5063
Kindly note I represent Brenda Kleckner in regards to the above captioned matter.
Currently there is a hearing scheduled for Thursday, August 17, 2006 at 9:00 &in., on
Ms. Kleckner's Petition for Special Relief Prevention of Dissipation of Assets and Force
Sale of Marital Real Estate.
An Answer was filed to said Petition for Special Relief but no Counterclaim or
New Matta was raised.
At this time, the patties have resolved all issues to their mutual satisfaction and
Ms. Kleckna's wishes to withdraw the Petition for Special Relief: Prevention of
Dissipation of Assets and Force Sale of Marital Real Estate. Said action has been
discontinued by way of Praecipe, a filed copy of which is enclosed.
Also enclosed is a proposed Order whereby the Order scheduling a hearing for
Thursday, August 17, 2006 at 9:00 a.m. is vacated.
Your attention is appreciated.
Very truly yours,
Hannah Haman-Snyder
Enclosure
Cc: Brenda Kleckner
Courtney L. Kishel, Esquire
Curtis R. Long
Prothonotary
office of the Protbonotarp
Cumberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
OL - /,57(J CVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573