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" ..' .. '''' .:" ' " . . .' .0.. , _f'-,.-;;;1 ~:'.'.::~ r:/;;.., :;. :::;;;1~ , :,{':t" ,'~,::.fY<;{ t't;r ;;>~i:1~ it{/',,;~/.p \~ :>.; ';;;t1fj :~.,:' ;~.W!~ '.:.~' .J", "~~~~ "]-,.,:>: ':'::. i:'~''i:~' ~"'.ft~. '." ~ :l':,.il ~".~. '~i(Q .....;,;m ':"<;r, 'S ?,,' ..:t~' '~ "'7,~ :':: r:.~. ,{,i".... . "', . Y'v .. ':J!. ., :]~ ~';'h ;'y':", " ,J,;~ ., . . . ~,l' . .' t!:: ;. ,'-3': ;,'..1 "<;'1 , ..~ '.!:\ .~ ,. ".," '.", j~~j" .:{ STEPHEN C. SAUVE and DAVID L. . IN THE COURT OF COMMON PLEAS OF . SAUVE, . CUMBERLAND COUNTY, PENNSYLVANIA . plaintiffs, . . . . v. : 95 - 1724 EQUITY TERM . . JAMES W. SAUVE, JR., and JUDITH ACTION FOR PARTITION A. SAUVE, . . Defendants . . ORDER OF COORT AND NOW, this ~~rL day of June 1995, following a preliminary conference in accordance with Pa. R.C.P. No. 1558, and noting the appearance of counsel for plaintiffS and Defendant, James W. Sauve, Jr., who appeared pro se, it is hereby Ordered and Decreed as follows: (1) The parties are hereby directed to privately list for sale the real estate and improvements thereon located at 16 West Main street, Shiremanstown, Pennsylvania, in accordance with the parties agreement upon plan of sale; and (2) Upon the execution of an acceptable Agreement of Sale, the parties are directed to submit a Draft Decree and Order of Court confirming sale of the property and Draft Decrees and Order of Court Directing Distribution of Proceeds, including satisfaction of judgments and liens attaching to the proceeds of the sale of the property; and (3) In addition to submission of the Draft Orders of Court to the Court of Common Pleas of cumberland County, the parties shall submit such Draft Decrees and Orders of Court and formal Notice of a Hearing Date to all judgment and lien creditors of Defendant James W. Sauve, Jr., said hearing date shall be set by the Court; and (4) A formal hearing shall be held wherein any interested party ~ \,,~ ~ j \.., ~ ~ ~ ~ -?t ..."g \Ii .i ~ . ~ ~ ~ . STEPHEN C. SAUVE and DAVID L. SAUVE, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 95 - 1724 EQUITY TERM ACTION FOR PARTITION JAMES W. SAUVE, JR., and JUDITH A. SAUVE, Defendants ORDER OF COURT AND NOW, this 1.".., ~ day of ~ fl r., l , 1"1 'i" , upon consideration of the .attached Petition to Approve the Sale of Real Estate and Dis- tribution of Sale Proceeds, a Rule is hereby issued upon all parties and the creditors of James W. Sauve, Jr. and Judith A. Sauve to show cause why the sale of the real estate should not be approved and why the proceeds of such sale distributed in accordance with the proposed schedule in the attached Petition. Rule returnable at a hearing scheduled for the I/~ day of ~ ' 1996.ae- .3:3') f'. m. --t:~ ~ >?O,S-. Plaintiff's counsel is hereby directed to serve a copy of this Order and Petition upon all creditors of James W. Sauve, Jr. and Judith J. Sauve. J. Andrew C. Sheely, Esquire Attorney for Plaintiffs P tw H b..-Q fW,f..I!-<-<.L f; 2 & if {:. James W. Sauve, Jr. and Judith A. Sauve, his Wife Pro se av' vJe"'- Q' 2- c.. .. f~ STEPHEN C. SAUVE and DAVID L. SAUVE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA plaintiffS, v. 95 - 1724 EQUITY TERM ACTION FOR PARTITION JAMES W. SAUVE, JR., and JUDITH A. SAUVE, Defendants PETITION FOR A HEARING APPROVING THE SALE OF REAL ESTATE AND DISTRIBUTION OF PROCEEDS Plaintiffs, by and through Andrew C. Sheely, Esquire, hereby file this Petition requesting the entry of an Order of Court Approving the Sale of Real Estate and directing distribution of sale proceeds, and respectfully states as follows: 1. A Complaint for partition of real property was filed on April 4, 1995. 2. Title to the real estate located at 16 West Main Street, Borough of Shiremanstown, Cumberland County, Pennsylvania is vested as follows: Stephen C. Sauve, a one-third (lj3rd) interest: David L. Sauve, a one-third (lj3rd) interest: and James W. Sauve, Jr., a one- third (lj3rd) interest. 3. On June 26, 1995, this Honorable Court ordered and directed that the above-referenced real estate be privately listed for sale, and further, that upon execution of an acceptable Agreement of Sale, the parties were directed to submit draft decrees confirming the sale of the real property, directing distribution of proceeds and satisfaction and liens attaching to the proceeds of the sale of such property. A copy of the June 26, 1995 Order of Court is attached hereto as Exhibit nAil. 4. On March 1, 1996, an acceptable agreement of sale was executed, contingent upon approval of this Honorable Court. A copy of the Agreement of Sale is attached hereto as Exhibit "B". 5. Petitioners believe and aver that the sale price of the above- described real estate is fair and reasonable. 6. Petitioners herein request that this Court enter an Order of Court or Decree Nisi approving the sale of the Real Estate and further, directing that the proceeds of sale be generally distributed in accordance with the estimated costs and expenses incurred to date, as follows: Gross Sales Price: Less: 1% Realty transfer tax Realtor's Commission Accrued Taxes 1 Accrued Insurance premiums2 Accrued heating oil expenses] $105,000.00 1,050.00 7,350.00 319.37 966.90 909.26 1 To be reimbursed to Stephen C. Sauve as costs advanced during pendency of the litigation. 2 To be reimbursed to Stephen C. Sauve as costs advanced during pendency of the litigation. ] To be reimbursed to Stephen C. Sauve as costs advanced during pendency of the litigation. 3 Accrued water expenses' Accrued sewage expenses' Accrued electrical expenses6 Miscellaneous expenses7 137.08 120.00 171.53 1,056.10 Estimated Attorneys Fees/Settlement Costs 3.000.00 Estimated Net Available tor Distribution $ 89.919.76 6. In accordance with the prior Order ot Court directing partition of the real estate, Petitioner respecttully request that the net pro- ceeds from the sale ot the real estate be divided equally and that the following estimated amounts be distributed as follows: To: Stephen C. Sauve $29,973.25 TOI David L. Sauve $29,973.25 To: James W. Sauve, Jr. $29,973.26 7. Petitioners propose that the above-stated distribution to James W. Sauve, Jr. be distributed at settlement or placed in the escrow account ot the Prothonotary ottice of Cumberland County pending distribution in accordance with priorities afforded to the lien and , To be reimbursed to stephen C. Sauve as costs advanced during pendenoy ot the litigation. , To be reimbursed to Stephen C. Sauve as costs advanced during pendency ot the litigation. 6 To be reimbursed to stephen C. Sauve as costs advanced during pendency ot the litigation. 7 To be reimbursed to Stephen C. Sauve as costs and time incurred by him tor lawn maintenance, snow removal, house inspec- tions during the litigation. 4 judgment creditors of James W. Sauve, Jr., which as of this date, appear as follows:8 Lien/Judament Filina date Face Amount Pavoff amoune a. IRS 09/08/93 $26,588.30 $18,372.35 b. IRS 09/08/93 $ 3,744.72 $ 5,453.14 c. Greenwood Trust Co 10/20/93 $ 3,385.17 $ 2,863.59 t/a Discover d. MBNA America 1/30/95 $13,539.21 $14,616.29 e. IRS 6/15/95 $21,661.89 $27,551. 20 9. Petitioners have contacted the above-stated creditors of James W. Sauve as set forth in paragraph 8 above and such creditors have generally approved the proposed schedule for distribution, indicating that they will either satisfy the aforementioned judgments or provide a release or discharge of such debt as it applies to the property, at settlement. 10. Petitioners further request that this Honorable Court order and direct the complete discharge, divestment and/or restriction of all liens and judgments of James W. Sauve and Judith A. Sauve, as judgments and liens attach to the above stated real estate, permitting the real estate to be sold free and clear of any and all liens, judgments or 8 Due to continuing payments, these figures are likely to change in small amount. 9 Payoff through April 1, 1996. 5 STEPHEN C. SAUVE and DAVID L. SAUVE, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 95 - 1724 EQUITY TERM ACTION FOR PARTITION JAMES W. SAUVE, JR., and JUDITH A. SAUVE, Defendants ORDER OF COURT AND NOW, this ~(,-ft.... day of June 1995, following a preliminary conference in accordance with Pa. R,C,P. No. 1558, and noting the appearance of counsel for Plaintiff and Defendant, James W. Sauve, Jr., who appeared pro se, it is hereby Ordered and Decreed as follows: (1) The parties are hereby directed to privately list for sale the real estate and improvements thereon located at 16 West Main Street, Shiremanstown, Pennsylvania, in accordance with the parties agreement upon plan of sale: and (2) Upon the execution of an acceptable Agreement of Sale, the parties are directed to submit a Draft Decree and Order of Court confirming sale of the property and Draft Decrees and Order of Court Directing Distribution of Proceeds, including satisfaction of judgments and liens attaching to the proceeds of the sale of the property; and (3) In addition to submission of the Draft Orders of Court to the Court of Common Pleas of cumberland County, the parties shall submit such Draft Decrees and Orders of Court and formal Notice of a Hearing Date to all judgment and lien creditors of Defendant James W. Sauve, Jr., said hearing date shall be set by the Court: and (4) A formal hearing shall be held wherein any interested party Em\Bi "A'I shall be permitted to appear and contest the Draft Decrees and Orders of Court to be submitted by the parties; and (5) Copies of this Decree and Order of Court shall be presented and served upon all parties and creditors of Defendant James W. Sauve, Jr. within 20 days of this Decree and Order of Court. By the Court, 1'51 S "Y"4<1l2', f'} I:", ~, J. esley 01 r, Jr., J, James D. Bogar, Esquire Andrew C. Sheely, Esquire Attorneys for Plaintiffs James W. Sauve, Jr. and Judith A. Sauve, his Wife Pro se TRUE COpy FROM RECORD In T~llmony 'tWh81"OOt. I here unto sat my hand antl ~ seal 01 said ~'sIe. Pa, ~ ,;U~~ cf ~,- . 199r ~fL -). 'J:; ~ ~'''''''';''.I1'1~ r.l"",..t.;....... 2 .... . Ih., IUfllllt\UlfUllrndnl 11111 'JlllllnttJrur, hl.ll mil lnlll~l'" Ill, UM bJ mrmbrll 0' fhl! OIt,.ln llalfhhUf, !\ncM;ialilln 01 REAI.IUNS. GMI~NI' fUK SHI.~K;] SUU A()UNT fUK SHU;K- -- Alll.NI' I'OK UUYI'K-J . . ,1(( , " !fk. (.')A-~(.,l. /~.' A! rt) . (,),:...1,.( /(01/: I I'A. I.InNSUU UKOKI.K [I'A. I.IC1.NSW UKOKI'K J E I'A. I.lCENS~IlIlKOKI.K Th.1 ^"ftlltrnl m.de Ihlt ;J.~, t. rJ.)' 01 -1:..tt)tI.J.t...t.'Lt-1 .192t-_. I. rRINl'lrAUi8tI."..-1!:!~~t) ~. 3"";',,-: Jf~b ~.tL1.L5Ad~..:II ltnkUn,I' . hcrtln'(lr'(.lIrdStllt,..nd;1f&~. Cj~''''/ : iUtl~ ~~~} (rnlfJln..1 ~_4""_. II I (J CZ. 'f' '- c, J f hntindt'f nllN Bu,,,. 2. 'ROrERTYI ~Un hlrrb, 111m 10 wll.nd cun~r, 10 Bu)'rt,..... tmlb, "'m 10 puleh...: ALL TIIAT CERTAIN Lol or pien of rouml .ilh bulldln,. .nd Improwtmcnll IM,ron "mrd," "r. kno_n a.: -n...J J/ J. ZONINGI lonin, CI...Uk.lton -A,pl- . 1'~11".1 . It, c F,Uu,. or Ih., ",'ffmentlo (onlaln lh, IOnln, d.uifkallon n"pc In c,an Ifrhr'I the pml'l"l)' 10f tach pIIrctllhtftor.1r 'ubdlykJ.bl.1 it lontd IOCrly or prim'rll, 10 prrmit 'l"llt.r.mil, d.ellin s shill rmdtl' Ihi, AI,ttmtRI vold.ble '1Ih. opllon or Ih. 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"AIEMENI!O. C'OfofDI1IOHS,OIALO. O'"E.WISE.O,. AHY IINO WUAUOE\fUl"ONCl.N'NO tfll, SALE. UClPT AS AT1ACIIW 10 nus CllHIIAl'T. 100 Nol WrU. In This Splcel This I. a 1'.111,. blndln. cont'lfl: II nul undfnlood. consull )OU, auo,",,.. In "_1 ,.... 0._ ,... .., -..t_t ,"""...., '" _"'Ill ....,..,....n""".., ,Ilt ,.,,'".................,.....f "..__,"'..... r_-.It .."1_........... -' _l*'lt "". .....''''_~..I..'_..,.... ..........,"' MIIlnIftIIII ....,,,....,..,.. ,.,,'" ."'......,... Af'~U'':.'''UI....,...~~........._,......................~~ _ .......,....'......r........,~". ~~J2 _ _ IU,U -Kr~ . ;......cry] ISIAU ~I "'lfl.'''' ~" U l... tuu. J..'\..tt. ..,,.. 1f'GJ..~)..~ ISUU "" t.." 4,liiiUfTi /__ 4"i'U"UntJ.Il~~u"".r''l'''''~'M1)''''~ ...,., I ""-'J _fl1to&. "oJ <:'_Q\'\1o_ ~..j~J'Nu _, """_~ ~ '-... i'h..,....'/. .",.it. .tmUiTT. , ," (~ ..J~.r v'" A(ifNf II lUlU'. ~ IHALI If .- ct........... C--" ItSA.. IIltJ lseAU CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Petition upon the following named individuals this day by depositing same in the United States Hail, First Class, postage prepaid, at Shiremanstown, Pennsyl- vania, addressed as follows: James W. Sauve, Jr. Judith A. Sauve 282 st. Johns Drive Camp Hill, PA 17011 Date: April~, 1996 STEPHEN C. SAUVE and DAVID I.. IN THE COURT OF COMMON PLEAS OF SAUVE, . CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiffs, . . v. 95 - 1724 EQUITY TERM . . JAMES W. SAUVE, JR., and JUDITH . ACTION FOR PARTITION . A. SAUVE, : Defendants ORDER OP COURT AND NOW, this day of April 1995, upon consideration of the attached stipulation for Private Sale of Partitioned Real Property which contains a plan of partition and private sale, it is hereby ORDERED and DIRECTED that the real estate located at 16 West Main street, Shiremanstown, Pennsylvania, be privately listed for sale and sold in accordance with the Stipulation attached hereto. By the Court, J. Andrew C. Sheely, Esquire Attorney for Plaintiffs James W. Sauve, Jr. and Judith A. Sauve, his Wife Pro se STEPHEN C. SAUVE and DAVID L. . IN THE COURT OF COMMON PLEAS OF . SAUVE, . CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiffs, . . : v. . 95 - 1724 EQUITY TERM . : JAMES W. SAUVE, JR., and JUDITH . ACTION FOR PARTITION . A. SAUVE, . . Defendants : ST%PULAT%ON FOR PR%VATE SALE OF PARTITIONED REAL PROPERTY The parties, by their undersigned counsel and themselves, make the following stipulation regarding material facts and a plan of sale. 1. The parties acknowledge Order of Court dated April , 1995 which partitioned the real estate located at 16 West Main Street, Shiremanstown, Pennsylvania in the following interests: To: James W. sauve, Jr., one-third share: To: Stephen C. Sauve, To: David L. Sauve, one-third share: one-third share: 2. The real estate which is the subject of the above-captioned action for partition is not capable of division or sale without pre- judice because of the following liens and judgments which have been entered and docketed against Defendants James W. Sauve, Jr., and Judith A. Sauve, his Wife: (1) an Internal Revenue Service federal tax lien against all property and rights of Defendants. James W. Sauve, Jr. and Judith A. Sauve, his wife, in the amount of $30,333.02: (2) a recorded judgment in the amount of $3,385.17 in favor of Greenwood Trust Co., t/a Discover against James W. Sauve, Jr. and Judith A. Sauve, his wife, ; (3) and additional jUdgments which have been entered against James W. Sauve, Jr. and Judith A. Sauve, for amounts in excess of $10,000.00. 3. The parties request that the Court direct the property be privately listed for sale so that the property can be sold. 4. The parties further request that the Court appoint, Plaintiff, Stephen C. Sauve, to engage the services of a realtor to list the property for sale and to negotiate a realtor's commission fee of no greater than seven (7%) percent of the sale price to apply to the sale of the realty. 5. All notices or time period provisions set forth in the various sub-sections of Pa. R.C.P. No. 1562 or any other Rule of Court are hereby waived and no objections to the private sale proposed below are offered by any of the parties to this stipulation. 6. The parties agree that Stephen C. Sauve or his designated agent shall communicate all offers to the parties which are in excess of $120,000.00. 7. Upon receipt of an acceptable offer and execution of an Agree- ment for the Sale and Purchase of Real Estate, the parties shall request the Court to order and direct such private sale to have the effect of a judicial sale. a. Upon receipt of an acceptable offer and execution of an Agree- ment for the Sale and Purchase of Real Estate, the parties shall request the Court to order through Decree Nisi that the proceeds of sale be distributed as follows after deduction of all expenses incurred as set forth in the Complaint and associated with the sale of the real 2 estate as follows: (1) Directing payment of or reimbursement for the following costs, expenses and debts: (a) all expenses, costs and fees associated with the sale of the real estate, including but not limited to realty commissions, real estate taxes and other costs or disbursements associated with the transfer of the realty; and (b) all expenses, taxes, costs, insurances, maintenance or other amounts paid by Stephen C. Sauve, David L. Sauve and/or James W. Sauve, Jr. associated with the real property since October 9, 1994; and (c) all reasonable counsel fees and costs incurred in the course of the above-captioned action as the court shall deem equitable. (2) Directing partition of the proceeds of such sale, after the above-stated costs and expenses, in equal, one-third (1/3) shares to Stephen C. Sauve, David L. Sauve and James W. Sauve, Jr.; and (3) Directing complete discharge, divestment and/or restriction of all liens and judgments of James W. Sauve and Judith A. sauve, as such amounts attach to the above stated real estate and permitting the real estate to be sold free and clear of any and all liens, judgments or other encumbrances, and limiting such lien or judgment to the purpart or interest of James W. sauve, Jr. and Judith A. Sauve, if any; and (4) Directing that each heir of Ida E. Erb assume their propor- tionate one-third (1/3) share (purpart) in any capital gains tax consequences, if any, from the sale of the real property described above. 3 9. The parties shall request the Court to enter the Decree Nisi as set forth above directing the united states of America, and any other interested parties, file any exceptions within twenty (20) days after the entry of such order. 10. The parties do not desire the appointment of a Master at this time to aid in the disposition of the above-captioned action, but reserve the right to request the appointment of a Master, if necessary. The parties hereby stipulate and agree to the facts set forth above and request that the stipulation be submitted to the Court for an Order of Court in accordance with the terms contained in the stipula- tion. DATED: April ~l , 1995 A~tw ~ ,'Jt~ Andrew C. Sheel Esquire Attorney for Plaintiffs April ,'I I 1995 /J~ Y-~iJ-' lstmes w. sattVe, Jr. 4 :s ~ ~ ~ ~~ 8i , 0-< ..:l ~ ii. >1 Q ~ ~ !::~ ~ ~ ~ ,fl 21 ~'" ~ :SE:' es .... ~ c ~ ~ ~r&lild:;~;: '-1 III c:l;:S"';!~ ... ~ lll~ ~ ~ .!"j . ifIJ!<~!2~ [) ~ . , . a: ~ III II: ~~ ~ofll25l:i ~ ..., 2! ~ ",:so. . . fIJ~~~~;; > ~ ..,. ~ ~ ~o-< N 0-< Eo< r-- ~~S~~~ ~~ ... . I tJ . It'l ..,Z ;IE:' i~ '" ~ w I~ ~'" < ",- Ill!:. ~ ~ 0-< =.J ~. !ii[) Oil:: ...,oct STEPHEN C. SAUVE and DAVID L. . IN THE COURT OF COMMON PLEAS OF . SAUVE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, . . v. . 95 - 1724 EQUITY TERM . . . JAMES W. SAUVE, JR., and JUDITH : ACTION FOR PARTITION A. SAUVE, . . Defendants ORDER OF COURT AND NOW, this day of Ap~il 1995, upon consideration of the attached Stipulation for Private Sale of Partitioned Real Property which contains a plan of partition and private sale, it is hereby ORDERED and DIRECTED that the real estate located at 16 West Main Street, Shiremanstown, Pennsylvania, be privately listed for sale and sold in accordance with the Stipulation attached hereto. By the Court, J. Andrew C. Sheely, Esquire Attorney for Plaintiffs James W. Sauve, Jr. and Judith A. Sauve, his Wife Pro se STEPHEN C. SAUVE and DAVID L. . IN THE COURT OF COMMON PLEAS OF . SAUVE, . CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiffs, . . v. 95 - 1724 EQUITY TERM JAMES W. SAUVE, JR. , and JUDITH ACTION FOR PARTITION A. SAUVE, . . Defendants . . STIPULATION FOR PRIVATE SALE OF PARTITIONED REAL PROPERTY The parties, by their undersigned counsel and themselves, make the following stipulation regarding material facts and a plan of sale. 1. The parties acknowledge Order of Court dated April , 1995 which partitioned the real estate located at 16 West Main Street, Shiremanstown, Pennsylvania in the fOllowing interests: To: James W. Sauve, Jr., one-third share; To: Stephen C. Sauve, To: David L. Sauve, one-third share; one-third share; 2. The real estate which is the subject of the above-captioned action for partition is not capable of division or sale without pre- judice because of the following liens and judgments which have been entered and docketed against Defendants James W. Sauve, Jr., and Judith A. Sauve, his Wife: (1) an Internal Revenue Service federal tax lien against all property and rights of Defendants. James W. Sauve, Jr. and Judith A. Sauve, his wife, in the amount of $30,333.02; (2) a recorded judgment in the amount of $3,385.17 in favor of Greenwood Trust Co., t/a Discover against James W. Sauve, Jr. and Judith A. Sauve, his wife, ; (3) and additional judgments which have been entered against James W. Sauve, Jr. and Judith A. Sauve, for amounts in excess of $10,000.00. 3. The parties request that the Court direct the property be privately listed for sale so that the property can be sold. 4. The parties further request that the Court appoint, Plaintiff, Stephen C. Sauve, to engage the services of a realtor to list the property for sale and to negotiate a realtor's commission fee of no greater than seven (7%) percent of the sale price to apply to the sale of the realty. 5. All notices or time period provisions set forth in the various sub-sections of Pa. R.C.P, No. 1562 or any other Rule of Court are hereby waived and no objections to the private sale proposed below are offered by any of the parties to this stipulation. 6. The parties agree that Stephen C. Sauve or his designated agent shall communicate all offers to the parties which are in excess of $120,000.00. 7. Upon receipt of an acceptable offer and execution of an Agree- ment for the Sale and Purchase of Real Estate, the parties shall request the Court to order and direct such private sale to have the effect of a jUdicial sale, 8. Upon receipt of an acceptable offer and execution of an Agree- ment for the Sale and Purchase of Real Estate, the parties shall request the Court to order through Decree Nisi that the proceeds of sale be distributed as follows after deduction of all expenses incurred as set forth in the Complaint and associated with the sale of the real 2 estate as follows: (1) Directing payment of or reimbursement for the following costs, expenses and debts: (a) all expenses, costs and fees associated with the sale of the real estate, including but not limited to realty commissions, real estate taxes and other costs or disbursements associated with the transfer of the realty; and (b) all expenses, taxes, costs, insurances, maintenance or other amounts paid by Stephen C. Sauve, David L. Sauve and/or James W. Sauve, Jr. associated with the real property since October 9, 1994; and (c) all reasonable counsel fees and costs incurred in the course of the above-captioned action as the court shall deem equitable. (2) Directing partition of the proceeds of such sale, after the above-stated costs and expenses, in equal, one-third (1/3) shares to Stephen C. Sauve, David L. Sauve and James W. Sauve, Jr.; and (3) Directing complete discharge, divestment and/or restriction of all liens and jUdgments of James W. Sauve and Judith A. Sauve, as such amounts attach to the above stated real estate and permitting the real estate to be sold free and clear of any and all liens, judgments or other encumbrances, and limiting such lien or jUdgment to the purpart or interest of James W, Sauve, Jr. and Judith A. Sauve, if any; and (4) Directing that each heir of Ida E. Erb assume their propor- tionate one-third (1/3) share (purpart) in any capital gains tax consequences, if any, from the sale of the real property described above. 3 9. The parties shall request the Court to enter the Decree Nisi as set forth above directing the united states of America, and any other interested parties, file any exceptions within twenty (20) days after the entry of such order. 10. The parties do not desire the appointment of a Master at this time to aid in the disposition of the above-captioned action, but reserve the right to request the appointment of a Master, if necessary, April)1 , 1995 ,f I (7 I~/, . tv . 111,.... Andrew C. Sheel, Esquire Attorney for Plaintiffs ;J1N'~ ;Y:~~7Y-' ~i:lmes w. Sattlle,' Jr. The parties hereby stipulate and agree to the facts set forth above and request that the stipulation be submitted to the Court for an Order of Court in accordance with the terms contained in the stipula- tion. DATED: April 2../ , 1995 4 STEPHEN C. SAUVE and DAVID L. SAUVE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA plaintiffs, v. 95 - 1724 EQUITY TERM ACTION FOR PARTITION JAMES W. SAUVE, JR., and JUDITH A. SAUVE, Defendants ORDER OF COURT AND NOW, this day of April 1995, upon consideration of the attached stipulation for Private Sale of partitioned Real property which contains a plan of partition and private sale, it is hereby ORDERED and DIRECTED that the real estate located at 16 West Main street, Shiremanstown, Pennsylvania, be privately listed for sale and sold in accordance with the stipulation attached hereto. By the court, J. Andrew C. Sheely, Esquire Attorney for Plaintiffs James W. Sauve, Jr. and Judith A. sauve, his Wife Pro se STEPHEN C. SAUVE and DAVID L, . IN THE COURT OF COMMON PLEAS OF . SAUVE, . CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiffs, . . . . v. . 95 - 1724 EQUITY TERM . . . JAMES W. SAUVE, JR., and JUDITH . ACTION FOR PARTITION . A. SAUVE, . . Defendants . . STIPULATION FOR PRIVATB SALB OF PARTITIONBD RBAL PROPBRTY The parties, by their undersigned counsel and themselves, make the fOllowing stipulation regarding material facts and a plan of sale. 1. The parties acknowledge Order of Court dated April , 1995 which partitioned the real estate located at 16 West Main Street, Shiremanstown, Pennsylvania in the following interests: To: James W. Sauve, Jr., one-third share; To: Stephen C. Sauve, one-third share; To: David L. Sauve, one-third share; 2. The real estate which is the subject of the above-captioned action for partition is not capable of division or sale without pre- judice because of the fOllowing liens and judgments which have been entered and docketed against Defendants James W. Sauve, Jr., and Judith A. Sauve, his Wife: (1) an Internal Revenue Service federal tax lien against all property and rights of Defendants. James W. Sauve, Jr. and Judith A. Sauve, his wife, in the amount of $30,333.02; (2) a recorded judgment in the amount of $3,385.17 in favor of Greenwood Trust Co., t/a Discover against James W, Sauve, Jr. and Judith A. Sauve, his wife, ; (3) and additional judgments which have been entered against James W. Sauve, Jr. and Judith A. Sauve, for amounts in excess of $10,000.00. 3. The parties request that the Court direct the property be privately listed for sale so that the property can be sold. 4. The parties further request that the Court appoint, Plaintiff, Stephen C. Sauve, to engage the services of a realtor to list the property for sale and to negotiate a realtor's commission fee of no greater than seven (7%) percent of the sale price to apply to the sale of the realty. 5. All notices or time period provisions set forth in the various sub-sections of Pa. R,C.P, No. 1562 or any other Rule of Court are hereby waived and no objections to the private sale proposed below are offered by any of the parties to this stipulation. 6. The parties agree that Stephen C. Sauve or his designated agent shall communicate all offers to the parties which are in excess of $120,000.00. 7. Upon receipt of an acceptable offer and execution of an Agree- ment for the Sale and Purchase of Real Estate, the parties shall request the Court to order and direct such private sale to have the effect of a judicial sale. 8. Upon receipt of an acceptable offer and execution of an Agree- ment for the Sale and Purchase of Real Estate, the parties shall request the Court to order through Decree Nisi that the proceeds of sale be distributed as follows after deduction of all expenses incurred as set forth in the Complaint and associated with the sale of the real 2 estate as follows: (1) Directing payment of or reimbursement for the following costs, expenses and debts: (a) all expenses, costs and fees associated with the sale of the real estate, including but not limited to realty commissions, real estate taxes and other costs or disbursements associated with the transfer of the realty; and (b) all expenses, taxes, costs, insurances, maintenance or other amounts paid by Stephen C. Sauve, David L. Sauve and/or James W. Sauve, Jr. associated with the real property since October 9, 1994; and (c) all reasonable counsel fees and costs incurred in the course of the above-captioned action as the court shall deem equitable. (2) Directing partition of the proceeds of such sale, after the above-stated costs and expenses, in equal, one-third (1/3) shares to stephen C. Sauve, David L. Sauve and James W. Sauve, Jr.; and (3) Directing complete discharge, divestment and/or restriction of all liens and judgments of James W. Sauve and Judith A. Sauve, as such amounts attach to the above stated real estate and permitting the real estate to be sold free and clear of any and all liens, judgments or other encumbrances, and limiting such lien or judgment to the purpart or interest of James W. sauve, Jr. and Judith A. Sauve, if any; and (4) Directing that each heir of Ida E. Erb assume their propor- tionate one-third (1/3) share (purpart) in any capital gains tax consequences, if any, from the sale of the real property described above. 3 9. The parties shall request the Court to enter the Decree Nisi as set forth above directing the United states of America, and any other interested parties, file any exceptions within twenty (20) days after the entry of such order. 10. The parties do not desire the appointment of a Master at this time to aid in the disposition of the above-captioned action, but reserve the right to request the appointment of a Master, if necessary. The parties hereby stipulate and agree to the facts set forth above and request that the stipulation be submitted to the Court for an Order of Court in accordance with the terms contained in the stipula- tion. DATED: April LI , 1995 I I (~ ~!~ Andrew C. Sheel Esquire Attorney for Plaintiffs A?11-W r ~~CN7' ~. ~~mes w. SattVe, Jr. t:/. April If , 1995 4 STEPHEN C. SAUVE and DAVID L. SAUVE, Plaintiffs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 95 - 1724 EQUITY TERM : ACTION FOR PARTITION JAMES W. SAUVE, JR., and JUDITH A. SAUVE, Defendants . . ORDER OF COURT AND NOW, this day of April 1995, upon consideration of the attached Stipulation for Private Sale of Partitioned Real Property which contains a plan of partition and private sale, it is hereby ORDERED and DIRECTED that the real estate located at 16 West Main Street, Shiremanstown, Pennsylvania, be privately listed for sale and sold in accordance with the stipulation attached hereto. By the Court, J. Andrew C. Sheely, Esquire Attorney for Plaintiffs James W. Sauve, Jr. and Judith A. Sauve, his Wife Pro se STEPHEN C. SAUVE and DAVID L. . IN THE COURT OF COMMON PLEAS OF . SAUVE, CUMBERLAND COUNTY, PENNSYLVANIA plaintiffs, . . v. . 95 - 1724 EQUITY TERM . . . JAMES W. SAUVE, JR., and JUDITH ACTION FOR PARTITION A. SAUVE, Defendants STIPUL~TION FOR PRIV~TE S~LE OF P~RTITIONED RE~L PROPERTY The parties, by their undersigned counsel and themselves, make the following stipulation regarding material facts and a plan of sale. 1. The parties acknowledge Order of Court dated April , 1995 which partitioned the real estate located at 16 West Main Street, shiremanstown, Pennsylvania in the following interests: To: James W. Sauve, Jr., one-third share; To: Stephen C. Sauve, To: David L. sauve, one-third share; one-third share; 2. The real estate which is the subject of the above-captioned , action for partition is not capable of division or sale without pre- judice because of the following liens and judgments which have been entered and docketed against Defendants James W. Sauve, Jr., and Judith A. Sauve, his Wife: (1) an Internal Revenue Service federal tax lien against all property and rights of Defendants. James W. Sauve, Jr. and Judith A. Sauve, his wife, in the amount of $30,333.02; (2) a recorded judgment in the amount of $3,385,17 in favor of Greenwood Trust Co., tla Discover against James W. Sauve, Jr. and Judith A. Sauve, his wife, ; (3) and additional judgments which have been entered against James W. sauve, Jr. and Judith A. Sauve, for amounts in excess of $10,000.00. J. The parties request that the Court direct the property be privately listed for sale so that the property can be sold. 4. The parties further request that the Court appoint, plaintiff, Stephen C. sauve, to engage the services of a realtor to list the property for sale and to negotiate a realtor's commission fee of no greater than seven (7\> percent of the sale price to apply to the sale of the realty. 5. All notices or time period provisions set forth in the various sub-sections of Pa. R.C.P. No. 1562 or any other Rule of Court are hereby waived and no objections to the private sale proposed below are offered by any of the parties to this stipulation. 6. The parties agree that Stephen C. Sauve or his designated agent shall communicate all offers to the parties which are in excess of $120,000.00. 7. Upon receipt of an acceptable offer and execution of an Agree- ment for the Sale and Purchase of Real Estate, the parties shall request the Court to order and direct such private sale to have the effect of a judicial sale. 8. Upon receipt of an acceptable offer and execution of an Agree- ment for the Sale and Purchase of Real Estate, the parties shall request the Court to order through Decree Nisi that the proceeds of sale be distributed as follows after deduction of all expenses incurred as set forth in the complaint and associated with the sale of the real 2 estate as follows: (1) Directing payment of or reimbursement for the following costs, expenses and debts: (a) all expenses, costs and fees associated with the sale of the real estate, including but not limited to realty commissions, real estate taxes and other costs or disbursements associated with the transfer of the realty; and (b) all expenses, taxes, costs, insurances, maintenance or other amounts paid by Stephen C. Sauve, David L. Sauve and/or James W. Sauve, Jr. associated with the real property since October 9, 1994; and (c) all reasonable counsel fees and costs incurred in the course of the above-captioned action as the court shall deem equitable. (2) Directing partition of the proceeds of such sale, after the above-stated costs and expenses, in equal, one-third (1/3) shares to Stephen C. Sauve, David L. Sauve and James W. Sauve, Jr.; and (3) Directing complete discharge, divestment and/or restriction of all liens and judgments of James W. Sauve and Judith A. Sauve, as such amounts attach to the above stated real estate and permitting the real estate to be sold free and clear of any and all liens, judgments or other encumbrances, and limiting such lien or judgment to the purpart or interest of James W. Sauve, Jr. and Judith A. Sauve, if any; and (4) Directing that each heir of Ida E. Erb assume their propor- tionate one-third (1/3) share (purpart) in any capital gains tax consequences, if any, from the sale of the real property described above. 3 STEPHEN C. SAUVE and DAVID L. IN THE COURT OF COMMON PLEAS OF SAUVE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, . . . . v. . 95 - 1724 EQUITY TERM . . . JAMES W. SAUVE, JR., and JUDITH . ACTION FOR PARTITION . A. SAUVE, : Defendants . . ORDER OF COURT AND NOW, this day of April 1995, upon consideration of the attached Stipulation for Private Sale of Partitioned Real Property which contains a plan of partition and private sale, it is hereby ORDERED and DIRECTED that the real estate located at 16 West Main Street, Shiremanstown, Pennsylvania, be privately listed for sale and sold in accordance with the Stipulation attached hereto. By the Court, J. Andrew C. Sheely, Esquire Attorney for Plaintiffs James W. Sauve, Jr. and Judith A. Sauve, his Wife Pro se STEPHEN C. SAUVE and DAVID L. . IN THE COURT OF COMMON PLEAS OF . SAUVE, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, . . v. . 95 - 1724 EQUITY TERM . JAMES W. SAUVE, JR. , and JUDITH ACTION FOR PARTITION A. SAUVE, Defendants : STIPULATION FOR PRIVATE SALE OF PARTITIONED REAL PROPERTY The parties, by their undersigned counsel and themselves, make the following stipulation regarding material facts and a plan of sale. 1. The parties acknowledge Order of Court dated April , 1995 which partitioned the real estate located at 16 West Main street, Shiremanstown, pennsylvania in the following interests: To: James W. Sauve, Jr., one-third share; To: Stephen C. Sauve, one-third share; To: David L. Sauve, one-third share; 2. The real estate which is the subject of the above-captioned action for partition is not capable of division or sale without pre- judice because of the following liens and judgments which have been entered and docketed against Defendants James W. Sauve, Jr., and Judith A. Sauve, his wife: (1) an Internal Revenue Service federal tax lien against all property and rights of Defendants. James W. Sauve, Jr. and Judith A. Sauve, his wife, in the amount of $30,333.02; (2) a recorded judgment in the amount of $3,385.17 in favor of Greenwood Trust Co" tja Discover against James W. sauve, Jr. and Judith A. Sauve, his wife, ; (3) and additional judgments which have been entered against James W. Sauve, Jr. and Judith A, Sauve, for amounts in excess of $10,000.00. 3. The parties request that the Court direct the property be privately listed for sale so that the property can be sold. 4. The parties further request that the Court appoint, plaintiff, Stephen C. Sauve, to engage the services of a realtor to list the property for sale and to negotiate a realtor's commission fee of no greater than seven (7%) percent of the sale price to apply to the sale of the realty. 5. All notices or time period provisions set forth in the various sub-sections of Pa. R.C,P. No. 1562 or any other Rule of Court are hereby waived and no objections to the private sale proposed below are offered by any of the parties to this stipulation. 6. The parties agree that Stephen C. Sauve or his designated agent shall communicate all offers to the parties which are in excess of $120,000.00. 7. Upon receipt of an acceptable offer and execution of an Agree- ment for the Sale and Purchase of Real Estate, the parties shall request the Court to order and direct such private sale to have the effect of a judicial sale. 8. Upon receipt of an acceptable offer and execution of an Agree- ment for the Sale and Purchase of Real Estate, the parties shall request the Court to order through Decree Nisi that the proceeds of sale be distributed as follows after deduction of all expenses incurred as set forth in the Complaint and associated with the sale of the real 2 estate as follows: (1) Directing payment of or reimbursement for the following costs, expenses and debts: (a) all expenses, costs and fees associated with the sale of the real estate, including but not limited to realty commissions, real estate taxes and other costs or disbursements associated with the transfer of the realty: and (b) all expenses, taxes, costs, insurances, maintenance or other amounts paid by stephen C. Sauve, David L. Sauve and/or James W. Sauve, Jr. associated with the real property since October 9, 1994: and (c) all reasonable counsel fees and costs incurred in the course of the above-captioned action as the court shall deem equitable. (2) Directing partition of the proceeds of such sale, after the above-stated costs and expenses, in equal, one-third (1/3) shares to Stephen C. Sauve, David L. Sauve and James W. Sauve, Jr.: and (3) Directing complete discharge, divestment and/or restriction of all liens and judgments of James W. Sauve and Judith A. Sauve, as such amounts attach to the above stated real estate and permitting the real estate to be sold free and clear of any and all liens, judgments or other encumbrances, and limiting such lien or judgment to the purpart or interest of James W. Sauve, Jr. and Judith A. Sauve, if any: and (4) Directing that each heir of Ida E, Erb assume their propor- tionate one-third (1/3) share (purpart) in any capital gains tax consequences, if any, from the sale of the real property described above. 3 9. The parties shall request the Court to enter the Decree Nisi as set forth above directing the united states of America, and any other interested parties, file any exceptions within twenty (20) days after the entry of such order. 10. The parties do not desire the appointment of a Master at this time to aid in the disposition of the above-captioned action, but reserve the right to request the appointment of a Master, if necessary. The parties hereby stipulate and agree to the facts set forth above and request that the stipulation be submitted to the Court for an Order of Court in accordance with the terms contained in the stipula- tion. April 11 ' 1995 fl(,11.,J1. tv . II!,.\, Andrew C. Sheel, Esquire Attorney for Plaintiffs ;d11-1-W Y-~~7!J' ~ames w. Sati'Ve, Jr. DATED: April ~I , 1995 4 STEPHEN C. SAUVE and DAVID L. . IN THE COURT OF COMMON PLEAS OF . SAUVE, . CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiffs, . . . . v. . 95 - 1724 EQUITY TERM . . . JAMES W. SAUVE, JR. , and JUDITH . ACTION FOR PARTITION . A. SAUVE, Defendants BTIPUL~TION FOR PRIV~TE B~LE OF P~RTITIONED RE~L PROPERTY The parties, by their undersigned counsel and themselves, make the following stipulation regarding material facts and a plan of sale. 1. The parties acknowledge Order of Court dated April , 1995 which partitioned the real estate located at 16 West Main Street, Shiremanstown, Pennsylvania in the following interests: To: James W. Sauve, Jr., one-third share; To: Stephen C. Sauve, one-third share; To: David L. Sauve, one-third share; 2. The real estate which is the subject of the above-captioned action for partition is not capable of division or sale without pre- jUdice because of the following liens and jUdgments which have been entered and docketed against Defendants James W. Sauve, Jr., and Judith A. Sauve, his Wife: (1) an Internal Revenue Service federal tax lien against all property and rights of Defendants. James W. Sauve, Jr. and Judith A. Sauve, his wife, in the amount of $30,333.02; (2) a recorded judgment in the amount of $3,385.17 in favor of Greenwood Trust Co., t/a Discover against James W. Sauve, Jr. and Judith A. Sauve, his wife, ; (3) and additional jUdgments which have been entered against James W. Sauve, Jr. and Judith A. Sauve, for amounts in excess of $10,000.00. 3. The parties request that the Court direct the property be privately listed for sale so that the property can be sold. 4. The parties further request that the Court appoint, Plaintiff, stephen C. sauve, to engage the services of a realtor to list the property for sale and to negotiate a realtor's commission fee of no greater than seven (7\> percent of the sale price to apply to the sale of the realty. 5. All notices or time period provisions set forth in the various sub-sections of Pa, R.C,P, No. 1562 or any other Rule of Court are hereby waived and no objections to the private sale proposed below are offered by any of the parties to this stipulation. 6. The parties agree that Stephen C, Sauve or his designated agent shall communicate all offers to the parties which are in excess of $120,000.00. 7. upon receipt of an acceptable offer and execution of an Agree- ment for the Sale and Purchase of Real Estate, the parties shall request the Court to order and direct such private sale to have the effect of a judicial sale. 8. Upon receipt of an acceptable offer and execution of an Agree- ment for the Sale and Purchase of Real Estate, the parties shall request the Court to order through Decree Nisi that the proceeds of sale be distributed as follows after deduction of all expenses incurred as set forth in the Complaint and associated with the sale of the real 2 estate as follows: (1) Directing payment of or reimbursement for the following costs, expenses and debts: (a) all expenses, costs and fees associated with the sale of the real estate, including but not limited to realty commissions, real estate taxes and other costs or disbursements associated with the transfer of the realty; and (b) all expenses, taxes, costs, insurances, maintenance or other amounts paid by stephen C. Sauve, David L. Sauve and/or James W. Sauve, Jr. associated with the real property since October 9, 1994; and (c) all reasonable counsel fees and costs incurred in the course of the above-captioned action as the court shall deem equitable. (2) Directing partition of the proceeds of such sale, after the above-stated costs and expenses, in equal, one-third (1/3) shares to Stephen C. Sauve, David L. Sauve and James W. Sauve, Jr.; and (3) Directing complete discharge, divestment and/or restriction of all liens and judgments of James W. Sauve and Judith A. sauve, as such amounts attach to the above stated real estate and permitting the real estate to be sold free and clear of any and all liens, judgments or other encumbrances, and limiting such lien or jUdgment to the purpart or interest of James W. Sauve, Jr. and Judith A. sauve, if any; and (4) Directing that each heir of Ida E. Erb assume their propor- tionate one-third (1/3) share (purpart) in any capital gains tax consequences, if any, from the sale of the real property described above. 3 i '---.. . . . . . #- ., !ll JM~ ' , "<,,.t!l;~,~~f;A.,~-~I:$~~'~~~""""'1"'}~&7~~",,,f,k~#,~-k~J!AlJi,"'" , -" JJ,,",_~~, L" "',.'"___.~ __....<~-<f,;,.". JAMES D, BOGAR LAW OFFICES JAMES O. DOGAH. ESQUIHE ANOHEW C. SHEELY. ESQUIHE 1 WEST MAIN' STREET SHIHEMANSTOWN. PENNSYLVANIA 17011-6<]71 '>'<t..,;....,." -..,..........-_"'....."",---~--,.,........,~_............_-....:.~,c:..-"'*"'~~~~~~\cI.#;Jf...4. ,'" ~. ,""'. . , , \ . ;- , , \ , ~\ , ...... '1" - ~._._- .~.---~..-._.-...- -'-f - \ " , ( .. .- ...~ --_.' . . . . ~~.~~,a;t:%~"J<.1~;~~,",~;'~:'~~;~~f,.~~'!"~~~'> .}'"':..,;,: _:,>.,~~> "".',.;a ~"'>'-"'" ",>".",-.._".'C JAMES D, BOGAR LAW OFFICES JAMES D. BOGAR. ESQUIRE ANDREW C. SIIEELY. ESQUIRE I WEST MAIN STREET SIIIREMANSTOWN, PENNSYLVANIA 17011-0071 ~~ I'"'"-~"". 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Jw,') ~/~, q M."r~~ Cq", w.. c..pp.t'fA.'-<' ~ cle.tAt wr'tJ,.,''j ef Ii, /JcuvJ. vJ;~ rt.S<!4~ ~ i4.Jf ~"If(.J.;~( ,-/.. J.,.qs kol- _~"V' '-Q.J ~ ~U'CQ e~t:f..{~ w Mt.~~. or. ~ P:'d:lt~ .... s..{-e. ,A-&- ~ , w"'v. Cin,f ~sps, t,'4~ , ~ el'()b(~ ~Ii (J. t.. o~~ (f..od J. r~ ~ f ~ e. (,~~ cre~4~ ~v~ ~;rA f)~/( ~ (1/ t' r 4"c. ~f l~~" ~ L:i ,2JfIJ. ~ <Po..cf."ce ~..iJ 12,"/~1 {,~.~s J IU,. $2... 1 12.'" ~ S (I e-.:r) STEPHEN C. SAUVE and DAVID L. . IN THE COURT OF COMMON PLEAS OF . SAUVE, . CUMBERLAND COUNTY, PENNSYLVANIA . plaintiffs, . . . . I 7 2- /..( v. . 95- EQUITY . . . JAMES W. SAUVE, JR. and JUDITH . ACTION FOR PARTITION . A. SAUVE, . . Defendants . . ACCEPTANCE OP SERVICE I, James W. Sauve, Jr., accept service of the Complaint in the above captioned matter and request that this form be filed on my behalf at the Prothonotary's Office of the Cumberland County Courthouse. April 5, 1995 ~f~~ ames w. sauve, . 282 st. John's Drive Camp Hill, PA 17011 STEPHEN C. SAUVE and DAVID L. . IN THE COURT OF COMMON PLEAS OF . SAUVE , . CUMBERLAND COUNTY, PENNSYLVANIA . plaintiffS, . . v. 95 - 1724 EQUITY TERM . . JAMES W. SAUVE, JR. and JUDITH . ACTION FOR PARTITION . A. SAUVE, . . Defendants . . ANSWER TO COMPLAINT FOR PARTITION Defendants, James W. sauve, Jr. and Judith A. Sauve, hereby file this Answer to the Complaint for Partition of Real Property, and respectfully state as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted with clarification. It is admitted that a federal tax lien was imposed against all property and rights of James W. sauve, Jr. and Judith A. Sauve. However, the amount of said tax lien is presently under dispute. 13. Admitted. 14. Admitted. 15. Admitted upon information and belief. 16. Admitted upon information and belief. 17. Admitted. WHEREFORE, Defendants, James W. Sauve, Jr. and Judith A. Sauve, respectfully request that this Honorable Court enter an Order of Court in accordance with the relief requested by Plaintiffs. Respectfully submitted, DATE: AprilS, 1995 ~ ~+zY-. Jtfpres W. Sauve, Jr. I.. VERIFICATION I verify that the statements made in this Answer to the Complaint for Partition are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: Aprils, 1995 ~~--- ~ v-2'a#. ~J~ es W. Sauve, Jr. l/ STEPHEN C. SAUVE and DAVID L. SAUVE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, . . . . 95- 11.N EQUITY -U....... v. JAMES W. SAUVE, JR. and JUDITH A. SAUVE, : ACTION FOR PARTITION Defendants COMPLAINT FeR PARTITION OF REAL PROPERTY plaintiffS, stephen C. Sauve, and David L. Sauve, by their attorney, Andrew C. Sheely, Esquire, file this Complaint for partition of Real Property and respectfully aver as follows: 1. plaintiff, Stephen C. Sauve, is a sui juris adult with a present address of 6026 William Drive, Mechanicsburg, pennsylvania. 2. Plaintiff, David L. Sauve, is a sui juris adult with a present address of 3S92 Yellow Bank Road, Dunkirk, Maryland. 3. Defendants are James W. Sauve, Jr. and Judith A. Sauve, husband and wife, who presently reside at 282 st. John's Drive, camp Hill, Cumberland County, Pennsylvania. 4. By her Last Will and Testament dated June 6, 1952, and recorded in Cumberland County will Book 48, page 15, Ida E. Erb, gave, devised and bequeathed her residence located at 16 West Main Street, Shiremanstown, Pennsylvania, to her niece, Mildred Erb sauve, for her natural life and after death to her children. 5. The specific real property which is subject to distribution in which plaintiffs are entitled to partition is as follows: All that certain piece or parcel of land situate in the Borough of Shiremanstown, Cumberland County, Pennsylvania, bounded and described as follows, to wit: On the North by Main street, having a frontage of forty (40) feet; on the East by land now or formerly of Gary- Alan Development Corp., 183 feet, more or less to Courtland Alley; on the South by Courtland Alley, having a frontage of forty (40) feet; on the West by land now or formerly of Lester J. Mayberry, 183 feet, more or less, to Main street, the place of BEGINNING. Having thereon erected a two and one-half story brick dwelling known as 16 West Main Street, Shiremanstown, Pennsylvania. Being the same premises which Rhoda E. Smith, singie, by Deed dated June 10, 1930 and recorded in the cumberland County Recorder of Deeds Office in Deed Book "D", Volume 11, Page 302, granted and conveyed to Benjamin Erb and Ida E. Erb. The said Benjamin Erb died on October 26, 1943, whereupon the entire estate vested solely in Ida E. Erb, the surviving tenant by the entirety. Ida E. Erb died testate on November 12, 1952 and by her Last Will and Testament dated June 6, 1952 and recorded in Will Book 48, Page 15, provided as follows: No. 8 - "I give and bequeath to my niece, Mildred Erb Sauve, the sum of Eight Thousand ($8,000.00) Dollars, furthermore, I give, devise and bequeath to my said niece, Mildred Erb Sauve, for and during her natural life and after her death to her children, my residence located at and known as 16 West Main Street, Shiremanstown, Pennsylvania, she to have the right and privilege of occupying the same as soon as the sale of my personal property has been made." 6. The estate of Ida E. Erb has been fully administered and approved by the Commonwealth of Pennsylvania. 7. Stephen C. Sauve, David L. Sauve and James W. Sauve, Jr. are brothers and the only natural children of Mildred Erb Sauve. 2 8. Mildred Erb Sauve died on October 9, 1994, and thereon, title to the real estate located at 16 West Main street, Shire- manstown, Pennsylvania, became seized in fee by her natural children, namely Stephen C. Sauve, David L. Sauve and James W. Sauve, Jr., as tenants in common. 9. Plaintiffs believe and therefore aver that title to the real estate located at 16 West Main Street, Shiremanstown, Pennsylvania is now vested as follows: Stephen C. sauve, a one- third (1/3rd) interest; David L. Sauve, a one-third (1/3rd) interest; and James W. sauve, Jr., a one-third (1/3rd) interest. 10. No other persons other than Plaintiffs and Defendants have any interests in the said described real estate. 11. The real estate is presently in the possession of Plaintiffs and Defendants. 12. At the time of Mildred Erb Sauve's death, the Internal Revenue Service imposed a federal tax lien against all property and rights of Defendants, James W. Sauve, Jr. and Judith A. Sauve, his wife, in the amount of $30,333.02. 13. At the time of Mildred Erb Sauve's death, a judgment in the amount of $3,385.17 in favor of Greenwood Trust Co., t/a Discover, was entered and recorded in the Cumberland county Courthouse against James W. Sauve, Jr. and Judith A. Sauve, his wife. 3 14. Subsequent to Mildred Erb Sauve's death, additional actions have been commenced against James W. sauve, Jr. for amounts in excess of $10,000.00. 15. Plaintiffs believe and therefore aver that no partition of the above described realty can be made without material and financial injury to Plaintiffs without an Order of Court divesting the above-stated liens and judgments of Defendants James W. sauve, Jr. and Judith A. Sauve, which would enable the property to be sold and transferred free and clear of any interest. 16. Plaintiff, Stephen c. sauve, has incurred expenses exceeding an amount of $400.00 for maintenance and upkeep of the real property since the death of Mildred P. Sauve. 17. Plaintiffs believe and therefore aver that by reason of the termination of the life estate to their Mother, Mildred Erb Sauve, that they hold the real estate and improvements at 16 West Main Street, Shiremanstown, Pennsylvania, as tenants in common, and that they are entitled to partition of such real estate. WHEREFORE, plaintiffs, Stephen C. Sauve and David L. Sauve, respectfully request that this Honorable Court enter an Order of Court as follows: 4 , (1) Directing sale of the real estate and payment of the following debts: (a) all costs associated with the sale of the real estate, including but not limited to realty commissions, real estate taxes and other costs or disbursements associated with the transfer of the realty; and (b) all expenses, taxes, costs, insurances, maintenance or other amounts paid by stephen C. Sauve, David L. Sauve and/or James W. Sauve, Jr. associated with the real property since October 9, 1994; and (2) Directing complete discharge, divestment and/or restriction of all liens and judgments of James W. Sauve and Judith A. Sauve, as such amounts attach to the above stated real estate and permitting the real estate to be sold free and clear of any and all liens, judgments or other encumbrances, limiting such lien or judgment to the purpart of James W. Sauve, Jr. and Judith A. Sauve, if any: and (3) Directing partition of the proceeds of such sale, after the above-stated costs and expenses, in equal, one-third (1/3) shares (purparts) to Stephen c. Sauve, David L. Sauve and James W. Sauve, Jr.; and (4) Directing that each heir of Ida E. Erb assume their proportionate one-third (1/3) share (purpart) in any capital gains tax consequences, if any, from the sale of the real property described above; and (5) Directing any notice to any lienholder or judgment creditor, as deemed necessary by the Court; and 5 (6) Directing any other relief necessary to insure division of the real estate in equal purparts to the heirs of the Estate of Ida E. Erb, including a determination as to payment of all proper and necessary costs, sales and expenses associated with the said sale of such real estate as your Honorable Court may determine in order to carry such partition into effect; and (7) Directing Plaintiffs be granted any such other relief as the Court may deem just and equitable. Respectfully submitted, DATE: April I-I , 1995 J .,d1itV C 'j/W ire . Bogar Andrew C. Sheely, Es Law Office of James 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 Pa. I.D. No. 62469 6 r- t-- 1 Cl t- ~ 5 ~ 'g 7) " €, ~~ U"> " en .>-~ IG '" - -~ . ,- :;,. ~ . ~~ "",-' c,_ '.;-' ~. .r f .. .... - .' \ ..... ::..: 'I.... .. . ,- ("") 'i! -: . . .. -:r ,.,.. ~r: ~ ~ .; n.: ~:'" ; '.> 0.- -"" ~ r... OH ~~ tIl tIl ~I ~ .... ..... ~ ~ a !:;~ P<~ ..... ~ .~ ~ :!ii:' ~~ ~ ~ .... ~~ !::lrolilr;t;~;:: P< 2! t!l~:s"';!~ ~iS ~ . POP< o(IJ...~[2~ ~~ c: c:@ = '< :z: He:: ..., QO~3~ ~~ ~ . . e'" E-<U .~ ~~ (lJiti:l~Z- '" . rolrol ~ ~ Ie ::>0 PO .~ > ~ ~~'<~~~ 07.: e :5", u"; U . .., -~ ~ . ...; ~o ...i:' (<l'" Ii '" ",- :I:W is -is ..!::. =.J E-<<1l ,"" gJ ..., Cil~ :E ~~ ~g z::> HU ...,..., . . STEPHEN C. SAUVE and DAVID L. SAUVE, IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA PlaintiffS, . . v. 95 - 1724 EQUITY TERM : ACTION FOR PARTITION JAMES W. SAUVE, JR., and JUDITH A. SAUVE, Defendants ORDER OF COURT I- (\tt,,~ AND NOW, this ls~ day of Apr~ of 1995, upon consideration of the attached Motion for order Directing Partition of Real Property and upon consideration of Defendants' admissions to the Complaint, and it appearing that the Complaint for partition has bean duly served, it is hereby ORDERED that partition be made of ~hc real estate mentioned and described in the Complaint among the named parties in proportions to their respective interests, as follows: To: James W. Sauve, Jr., one-third share: To: Stephen C. Sa\lve, one-third share; To: David L. Sauve, one-third share; The parties or their attorneys are directed to appear for a prel iminary conference on ~--t!- :2':', '1'lS; CU;- 1;1.3{1 A'~, to consider matters set forth in Pa. R.C.P. No. 1558. By the Andrew C. Sheely, Esquire Attorney for Plaintiffs James W. Sauve, Jr. and Judith A. Sauve, his wife Pro se K~~ \ Il 3\3 rM 'SS ...Ir'. : r ,I ~,..' , .\l-' (.1" \..,. . ~.l'f ,:.\.,,;;1 t '. STEPHEN C. SAUVE and DAVID L. . IN THE COURT OF COMMON PLEAS OF . SAUVE, . CUMBERLAND COUNTY, PENNSYLVANIA . PlaintiffS, . . v. . 95 - 1724 EQUITY TERM . . . JAMES W. SAUVE, JR., and JUDITH . ACTION FOR PARTITION . A. SAUVE, . . Defendants MOTION FOR ORDER DIRECTING PARTITION Plaintiffs, by and through Andrew C. Sheely, Esquire, hereby file this Motion pursuant to Pa. R.C.P. No. 1557 for the entry of an Order of Court directing partition of the real property described in Plain- tiffs' Complaint and respectfully states as follows: 1. A Complaint for partition of real property was filed on April 4, 1995. 2. Plaintiffs' Complaint alleges that title to the real estate located at 16 West Main Street, Shiremanstown, Pennsylvania is vested as follows: Stephen C. Sauve, a one-third (1/3rd) interest; David L. Sauve, a one-third (1/3rd) interest; and James W. Sauve, Jr., a one- third (1/3rd) interest. 3. Defendants accepted service of the Complaint on AprilS, 1995. A copy of the Acceptance of Service form is attached hereto as Exhibit "A", 4. Defendants filed an Answer to the Complaint on or about April 7, 1995. A copy of the Answer is attached hereto as Exhibit "B" 5. Defendants' Answer admitted all allegations in the Complaint and requested the relief sought by Plaintiffs. WHEREFORE, Plaintiffs respectfully request that this Honorable Court enter an Order of Court directing partition the property at issue as set forth above in accordance with the Complaint. Respectfully submitted, DATE: April 2), 1995 ;11t&V (I 0 Andrew C. Sheely, Eire Law Office of James D. Bogar 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 Pa. I.D. No. 62469 2 STEPHEN C. SAUVE and DAVID L. SAUVE, : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA plaintiffs, . . v. : 95 - 1724 EQUITY TERM ""'" .:!~.> ;g ACTION FOR PART~~ION ~ : .11, ~ ';'" ,. ". . . JAMES W. SAUVE, JR. A. SAUVE, and JUDITH Defendants . . W r... " (~~I .... ~r :"~';,..:' ~D ANSWER TO COMPLAINT FOR PARTITION - ; - ," =: .i ....,. .. ,_ Defendants, James W. Sauve, Jr. and Judith A. Sauve, - c..a hM'eby file this Answer to the Complaint for Partition of Real Property, and respectfully state as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted with clarificat~on. It is admitted that a federal tax lien was imposed against all property and rights of James W. Sauve, Jr. and Judith A. Sauve. However, the amount of said tax lien is presently under dispute. 13. Admitted. EXHIBIT "B" 14. Admitted. 15. Admitted upon information and belief. 16. Admitted upon information and belief. l7. Admitted. WHEREFORE, Defendants, James W. Sauve, Jr. and Judith A. Sauve, respectfully request that this 1I0norable Court enter an Order of Court in accordance with the relief requested by Plaintiffs. Respectfully sUbmitted, DATE: AprilS, 1995 ~.- P- ~~J.. J~es W. Sauve, Jr. y YBRIFICATION I verify that the statements made in this Answer to the Complaint for Partition are true and correct. I understand that unsworn statements herein are made subject to the penalties of l8 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: AprilS, 1995 !ft;,~--- ~ v.;k#. ~mes W. Sauve, Jr. I,-j l\~ ~~ .. l- I') (@ '1 ~I ~ is t: . ...:l H ~~ ~~ 0 ~ ~ ,fl 'E tIl .... +J m ~~ .rj ~ ~l<. +J III ~~ 'E .~ HO ...,.:. . Clffi !::l~ ~f! III III . .2: ~ ~ ~ c: ffifil ..., 2! ~ t!l;~I~g ~~ > . @O i o:~ irIJ '< i ~ . ..,. l:io!!l3i:i ~ffi u f2tj N ,- r-. it '" ... ~ . .... ctJ :z: -= .. R~ ~~ tjH , ~~~~~~ lfl HE-< '" ~~ ~~ c:l,<~ E ~~ ..,Z ..~ Pi < i:' ",- "'!::. EC.J !I:l~ STEPHEN C. SAUVE and DAVID L. . IN THE COURT OF COMMON PLEAS OF . SAUVE, . CUMBERLAND COUNTY, PENNSYLVANIA . Plaintiffs, . . . . v. . 95 - 1724 EQUITY TERM . . . JAMES W. SAUVE, JR., and JUDITH ACTION FOR PARTITION A. SAUVE, . . Defendants . . ORDER OF COURT AND NOW, this II~ day of June, 1996, upon consideration of the stipulation of the parties and the information related to the Court by counsel for Plaintiffs, the private sale of the property located at 16 West Main Street, Shiremanstown, Pennsylvania, is APPROVED. After payment of all necessary settlement and closing costs, reimbursement costs to Stephen C. Sauve, attorney fees and miscellaneous costs and expenses, said costs, fees and expenses equalling approximately $16,500.00, the remaining proceeds from the sale of the real estate shall be distributed in three equal shares to __ James W. Sauve, Jr., Stephen C. Sauve and David L. sauve, respectively. Following distribution of the proceeds to James W. sauve~~ePhen C. Sauve and David L. Sauve, the entire share of James W. Sauve, Jr. shall be distributed to his creditors in order of lien priority until such share is exhausted. By the Court, J Andrew C. Sheely, Esquire'~ dwei<- Ql.VJf..un tfJt Attorney for Plaintiffs lljU - ,- .~ . James W. Sauve, Jr. and - ~t,~l!. JU~ Judith A. Sauve, his Wife Pro se ~ co r= c z r .. :=J5:; ~ o- n - u~ FE 0: .=)~ c' C-: ;"<1) c.. _::JZ 0' :r- ~~ ~ ;) --, '.- ~. l5 ~o ::J Q"l U it; C;) .- is C\J , M? ~ '- ';iJ /Eo .~ ..J;.:;. 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