HomeMy WebLinkAbout94-04622
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I.M.lG 15 1994
MARGARET S. KEEVER,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: NO.
q '1- "I-iD;;l;1. c.;.vJ.. :re....,........,
FREDERICK W. KEEVER II,
Defendant
: CIVIL ACTION - LAW
RULE
AND NOW this :.:; ~ay of August, 1994, on Motion of Plaintiff, a Rule to Show
Cause Is issued upon Defendant to show cause, if any there be, why the mortgage
from Margaret S. Keever, as mortgagor to Frederick W. Keever II as mortgagee on the
premises at 4603 Hampden Avenue, Camp Hill, (Hampden Township), Cumberland
County, Pennsylvania in the amount of $10,000.00 recorded in the Office of the
Recorder of Deeds of Cumberland County in mortgage Book 927, page 660 should not
be marked satisfied by Defendant on the payment of Ten Thousand and 00/100
($10,000.00) dollars under a Notice of Levy to the Internal Revenue Service, or, failing
the same, why this Court should not order and direct that the same be marked satisfied
of record and reasonable legal fees for compulsion of the same be ordered paid by
Defendant. Rule returnable within 7.. 0 days of service.
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NlCttOlA5 & FonEMAU
MARGARET S. KEEVER,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
q... - tI- G.. ~.:J.. C,~;e ::r~.v>rv
: NO.
FREDERICK W. KEEVER II,
Defendant
: CIVIL ACTION - LAW
MOTION FOR RULE TO SHOW CAUSE WHY MORTGAGE SHOULD NOT BE
MARKED SATISFIED ON PAYMENT OF INTERNAL REVENUE SERVICE LEVY
AND NOW comes the Plaintiff, MARGARET S. KEEVER, by her attorneys,
NICHOLAS AND FOREMAN, and request this Honorable Court to require that the
hereinafter described mortgage be marked satisfied on payment to the Internal
Revenue Service of the sum of Ten Thousand and no/100 ($10,000.00) Dollars and,
In support thereof, avers as follows:
I. The parties hereto previously married were divorced from the bonds of
matrimony by Order docketed to No. 2847 Civil 1987 in Cumberland County.
2. As part of that divorce, a marital settlement agreement was entered into
which agreement required transfer of jointly owned property at 4603 Hampden Avenue,
Camp Hill, (Hampden Township), Cumberland County. Pennsylvania solely into the
name of Plaintiff and required that Plaintiff execute and there be recorded a mortgage
to Defendant.
"
3. In furtherance of the said agreement and as provided therein, a mortgage
dated November 23. 1988 requiring the payment of Ten Thousand and 00/100
($10,000.00) dollars from Plaintiff to Defendant was entered of record In the Office of
the Cumberland County Recorder of Deeds Office In Mortgage Book 927, page 660.
4. Subsequent thereto, the Internal Revenue Service entered a judgment and
lien against Defendant.
5. On May 12, 1994, a Levy was made upon Plaintiff to pay all sums due and
payable to Defendant over to the Internal Revenue Service up to a total amount of
Twenty Five Thousand Eight Hundred Thirty-five and 92/00 ($25,835.92) dollars.
6. The total sum of $10,000.00 Is due and payable from Plaintiff to Defendant
and Plaintiff is ready, willing and able to pay the same under the Levy aforesaid to the
Internal Revenue Service. A true and correct copy of the said Notice of Levy is
attached hereto, labeled Exhibit "A" and made a part hereof.
7. Plaintiff has requested of Defendant execute a Mortgage Satisfaction Piece In
recordable form, which document was prepared at the direction and expense of
Plaintiff. A true and correct copy of the document supplied to Defendant is attached
hereto, labeled Exhibit "B" and made a part hereof.
8. Despite the fact the Plaintiff is ready, willing and able to pay all sums due to
Defendant and, according to law, the same must be paid to the Internal Revenue
Service, Defendant has refused and continues to refuse to satisfy the mortgage of
record or make arrangement to have the same satisfied on payment.
9. On tender of payment a mortgagee must make arrangements for satisfaction
of record or pay costs for the same to Plaintiff.
WHEREFORE, Plaintiff respectfully requests this Court issue a Rule to Show
Cause Why Defendant Should Not be Ordered to satisfy of record the aforesaid
mortgage dated November 23, 1988 In the amount of $10,000.00 with Plaintiff as
,. ,"_.......
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mortgagor and Defendant as mortgagee against the property located at 4603 Hampden
Avenue, Camp Hill, (Hampden Township), Cumberland County, Pennsylvania and,
failing to do so, that the Court Order the same marked settled and satisfied of record
and, further, that Defendant be ordered to pay all reasonable costs of the instant action
to compel satisfaction of the said mortgage.
Respectfully submitted,
NICHOLAS & FOREM~
By {2Jl A ~h-
BRUCE D. FOREMAN, ESQUIRE
Attorneys for Plaintiff
3207 North Front Street
Harrisburg, Pennsylvania 17110
(717) 236-9391
Attorney 1.0. #21193
. .
Y.E.BJ..EI.CAII
I verify that the statements made in this 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 unsworn falsification to authorities.
m~a~J ,j Jdu~
'MAR RET S. KEEVER
DATED:t5.g ,(1"1
..
Made this
day of
, 1994.
Name of Mortgagor: MARGARET S. KEEVER
Name of Mortgagee: FREDERICK W. KEEVER
Name of Last Assignee: NONE
Date of Mortgage: NOVEMBER 23, 1988
Original Mortgage Debt: $10,000.00
EXHmIT "B"
FREDERICK W. KEEVER II
Mortgage Recorded in the Office of the Recorder of Deeds of
Cumberland County, Pennsylvania in Mortgage Book 927, Page 660.
Brief Description or Statement of Location of Mortgaged Premises:
4603 Hampden Ave., Camp Hill, Pennsylvania 17011
The undersigned hereby certifies that the debt secured by
the above-mentioned Mortgage has been fully paid or otherwise
discharged and that upon the recording hereof said Mortgage shall
be and is hereby fully and forever satisfied and discharged.
Witness the due execution hereof.
WITNESS:
..
COMMONWEALTH OF PENNSYLVANIA
"
.
SS.
COUNTY OF
On this, the _ day of , 1994, before me, a
notary public in and for the said county and state, personally
appeared FREDERICK W, KEEVER II known to me or satisfactorily
proven to be the person whose name is subscribed to the within
instrument , and acknowledged that he executed the same for the
purposes therein contained..
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
seal
Notary Public
My Commission Expires
CERTIFICATE OF RESIDENCE
I hereby certify that the precise
residence of Margaret Keever is 4603 Hampden Street, Camp Hill,
Pennsylvania 17011.
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF
RECORDED on this
AD. 19 , in the
County, in Mortgage Book, Vol.
day of
Recorder'S Office of the said
, page
the
Given under my hand and the seal of the said office
day and year aforesaid.
Recorder.
Form lMllI-A
(Rev. July 1992)
Deputmenl 01 the Trlllury.lnllrnll Rlvlnul Slrvlcl
Notice, of Levy
Dala: Kay 12, 1994
DiIIlricl: Philadelphia
Telephone number 01
IRS Olllce
(717)782-3491
TO: Margaret Keever
4603 /bo~ Ave.
Canp Hill, Pa 17011
Name and Addrass of Taxpayer
Frederick W. Keever II
2747 Boas St.
Penbrook, pa 17103
REPLY: Internal Revenue Se~'"Vicc
P.O. Box e66
Harrisburg, Pa 17108
Attn: D. Shroyer
Idenllfylng Number(s)
162-36-7760
Klnd of Tax
Tax
P8riocI Ended
UnpelcllIaIanoe 01
'11 H -.enI
Slslulory
Addlllons
Total
1040
1040
1040
1040
12/31/85
12/31/86
12/31/87
12/31/88
5,153.64
2,516.31
3,779.76
2,032.66
5,468.84
2,025.07
3,198.29
1,~1.35
10,622.48
4,541.38
6,978.05
3,694.01
THIS LEVYWllLNOT ATTACH FUNDS IN IRAI. SE1F-DIPI.IlYED INDIYIlUALS' RETIRE.
MENT PLANS, OR NfY ll1llER RET1REMEHT PLANS IN YOUR POSSESSION OR
CONTROl.. UNlESS IT IS SIGNED IN THE BlOCK TO TlE RlGHT.-
Total
Amount
Due .
25,835.92
Inlerest and late payment penalty have _lIgured to .Tnly...5, lQ<l4
Thla" not a bID lor lax.. you 0_. TlII8Ia e notice 01 levy uaad to collect money owed by the person named In the upper right 01 this lorm.
The Internal Revenue Code provides that there Is a lien lor the amounllhat Is owed. Although nollce and demand that are required by Ihe Code
have been made, lhe amounl owed has not been paid. This tevy requires you to turn over 10 us this person's property and rights 10 property (such
as money, aedits, and bank deposits) that you have or which you are already obllgaled \0 pay Ihis person. However, do not send us more than Ihe,
"T alai amount due."
Money In INInks, credit unlans. savings end ....n.. end slmllar Institutions described In section 408(n) 01 the Internal Revenue Code
must INI held lor 21 calender dey.lrom lhe dey you racelvelhls belore you send us the money. Include any Interest the peraon esrns during
the 21 deYL Turn ovar any other maney. property. credits. elc. that you have or you are already obllgaled to pay tha la.payer. when you
would have peIcIl1 11 this penon had esbd lor peyment.
Make a reasonable effort to IdenUfy alt property and rights to property belonging 10 Ihis person. AI a minimum, search your records using the
I""payer's name, address, and ldentilylng number(s) shown on this lonn. Do not offsel money this person owes you without contacllng us allhe telephone
number shown above lor Inslrudlans. You may not sublract a processing fee from Ihe amount you send us.
To respond to this levy:
1. Make your check or money order payable 10 Inlernal Revenue Service.
2. Wrile the taxpayer's name. identifying number(s), kind 01 tax and lax period shown on Ihis form, and "LEVY PROCEEDS" on your check
or money order (no! on a delachable stub).
3. Complate the back of Part 3 01 this lorm and mail" to us wilh your payment In Ihe enctosed envelope.
4. Keep Part 1 01 this form lor your records and give tho taxpayer Part 4 wilhln 2 days.
If you do no! owe any money to the taxpeyer. please complete the back of Part 3, and mail this form back to us in the enclosed envelope.
ntle
Revenue Officer
Part l-ADDRESSEE'S COPY
Cat. No. 20435N
EXHIBI'l' "A"
Form 668.A (Rev. 7-92)
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SHERIFF'S RETURN
c:.'CMo1ONWEAL'Ili OF PENNSYLVANIA I
COUNrY OF CU'lBERLAND
In The Court of Common Pleas of
Cumberland County, Pennsylvania
No. 94-4622 Civil Term
Rule and Motion for Rule to Show
Cause Why Mortgage Should Not be
Marked Satisfied on Payment of
Internal Revenue Service Levy
Margaret S. Keever
VS
Frederick W. Keever. II
Timnt-hy R,:IIi "7.
, S>>R~IIIX>>'eputy Sheriff of
Cunberland County, Pennsylvania. who being duly sworn according to law, says,
Rule and Motion for Rule to Show Cause Why Mortgage
that he served the within Shollld Not he Marked Satisfied on Pavment of Internal
Revenue Service Levy ,
upon F'r"tl"r;"k W. K""vI>r. IT , the defendant, at 5:09 o'clock
P .M. ~ / EOST, on the
day of
08
SeDtember
. 19.2.Lat
414~ r~rliRll> Pik". CAmn Hill
. Cunberland County,
Pennsylvania, by banding to Freder ick W. Keever. II
Rule and Motion for Rule to Show Cause Why
a true and atte5ted copy of the Mortaaae Should Not be Marked Satisfied 01;1
Payment of Internal Revenue Service Levy
and at the same time directing his attention to the contents thereof and
the "Notice to Plead" endorsed thereon.
Sheriff's Costs.
Docketing
Service
Affidavit
Surcharge
So answers:
r~~~
14.00
6.72
2.00
22.72 Pd. by Atty.
9-09-94
R. Thanas Kline. Sheriff
by
Sworn and subscribed to before me
Deputy
this -1!It.&
7
day of J;,Fli' .~/:~__
19 t( V A.D.
'1
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Prothonotary