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Home My WebLink About02-5344COLLEEN FINN, Plaintiff BARRY DOUGLAS SHEARER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : No. 02- : CIVIL ACTION - IN PARTITION NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 COLLEEN FINN, Plaintiff BARRY DOUGLAS SHEARER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : NO. 02- ~..3¥~{ : : CIVIL ACTION - IN PARTITION COMPLAINT IN PARTITION Plaintiff Colleen Finn, by and through her attorney John H. Broujos, of Broujos and Gilroy, P.C., avers the following: 1. Plaintiff is Colleen Finn, an adult individual residing at PO Box 1, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Barry D. Shearer, an adult individual residing at 108 S. Locust Street, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The parties were married on April 24, 1974 in Cumberland County, Pennsylvania. 4. Plaintiff and Defendant are the owners of certain real estate in Shippensburg Township, Cumberland County, hereinafter described in Exhibit A (.premises). All interests of the pa[ties in premises are held as tenants in common. 5. The parties acquired title to the promises known as 108 S. Locust Street, Shippensburg Pennsylvania by deed from Rodney Vamer dated and recorded at the Office of Recorder of Deeds of Cumberland County in Deed Book F, Volume 27, page 579. Description is attached hereto as Exhibit A. 6. In or about 1983, a final divorce decree was entered between the parties in The Court of Common Pleas of Cameron County. 7. After divorce, Defendant resided continuously on the premises for approximately 19 years. 8. No person other than the parties to this suit has any interest in premises, which is presently in the physical possession of Plaintiff. 9. No partition or division of the premises has ever been made, although Plaintiff has requested the Defendant to join with her to this end. WHEREFORE PLAINTIFF prays: A. That the Court decree partition of the premises and appoint a Trustee; B. That the share or shares to which the respective parties are entitled be determined and that all proper and necessary conveyances and assurances be ordered and executed for carrying such partition into effect; C. That such other and further relief be granted as the Court deems just and proper. Date: November 4, 2002 ~ BROUJOS AND GILROY, P.C. 4 North Hanover Street Carlisle, PA 17013 717/243 -4574; 717/766-1690 FAX# 717/243-8227 EXHIBIT A 108 S. Locust Street, Shippensburg Pennsylvania ~ that real estate, together with improvements thereon erected, lying and being situate in the Borough of Shippensburg, C~mberland County, Pennsylvania, bounded and limited as follows: BOUNDED on the East by Locust Street; on the North by properties of Harold L. Bechtel; on the West by properties of Harold L. Bechtel: and on the South by property now or formerly of Wilbur E. Goodhart. BEING T~{E ~ RF2%L ESTATE which Harold L. Bechtel, single, by deed dated May 8, 1974, and recorded among the Deed Records of Cumberland County, Pennsylvania, in Deed Book V, Volume 25, Page 167, conveyed to Rodney Varner, Grantor herein. 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. Date: Colleen Finn TO DEFENDANT: NOTICE TO PLEAD YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ABOVE PLEADING WITHIN 20 DAYS FROM THE DATE OF SERJC/GE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST ~ ~ Jo~ ,roujos, Attorn~or Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Colleen Finn, Plaintiff vs Barry Douglas Shearer, Defendant CIVIL ACTION - LAW No. 02-5344 Partition/Equity PRAECIPE FOR ENTRY OF APPEAR3~NCE OF COUNSEL To: Prothonotary, Cumberland County Please enter my appearance on behalf of the Defendant Barry Douglas Shearer. , Dated: Carol A. Redding, Esquire Attorl~ey No. 82041 REDDING LAW OFFICE 19 North Main Street Chambersburg, Pennsylvania 717-267-1440 17201 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU1FrY, PENNSY]SVANIA Colleen Finn, Plaintiff vs Barry Douglas Shearer, Defendant CIVIL .ACTION - LAW No. 02-5344 Partition/Equity ANSWER TO COMPLAINT IN PARTITION AND NOW COMES the Defendant, Barry Douglas Shearer, by and thru his counsel, Carol A. Redding, Esquire, and sets forth the following answer: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. By way of further answer, the real estate is held as Tenants in Common by operation of law. The parties had previously held the real estate as Tenants by the Entireties by way of their marriage. 5. Admitted. 6. Admitted. o Admitted. By way of further answer, the parties had reached an agreement whereby the Defendant would retain ownership of the real estate and in consideration thereof, would hold the Plaintiff harmless from any obligations on or to said real estate. Over the course of 19 years, the Defendant expended sums in excess of $20,000.00 including but not limited to mortgage payments, taxes, improvements and maintenance expenses with ~no contribution from Plaintiff. The value of the real estate is approximately $23,500.00. 8. Admitted in Part. Denied in Part. It is admitted that no person other than the parties in interest to this suit has any interest in the premises. It is denied that the premises are currently in the physical possession of the Plaintiff. To the contrary, it is in the physical possession of the Defendant and has been for a period of 19 years. 9. Admitted in Part. Denied in Part. It is admitted that the property has not been partitioned or divided. To the extent that Plaintiffs aw~rment implies that Plaintiff has requested the Defendant to this end for the entire period of his physical possession, this averment is denied. Plaintiff has only recently provided Defendant with a demand for payment of substantial sums of money, without prior discussion or notice. Prior to this notice, the Plaintiff has made no demand for partition or division for a period of 19 years. WHEREFORE, Defendant respectfully requests this Court to determine ownership of the premises is vested in the Defendant and such other relief as deemed appropriate under the circumstances. Respectfully Submitted, Dated: Carol A. Redding, Esquire Attorney No. 82041 REDDING LAW OFFICE 19 North Main Street Chambersburg, Pennsylvania 17201 717-267-1440 VERIlqCATION I verify that the statements set forth 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. 4904 relating to unsworn falsification to authorities. Barry Douglets Shearer VERIFICATION I verify that the statements set forth 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. 4904 relating to unsworn falsification to authorities. Date: Carol A. Redding, Esquire CERTIFICATE OF SERVICE I DO HEREBY CERTIFY that on this date I caused the foregoing Answer to be served by serving a copy to John H. Broujos, Esquire, BROUJOS AND GILROY, P.C., 4 North Hanover Street, Carlisle, Pennsylvania 17013 by U.S. Mail, Postage Pre-Paid. Date Carol A. Redding, Esquire Attorney No. 82.041 Counsel for Defendant Barry D. Shearer COLLEEN FINN, Plaintiff BARRY DOUGLAS SHEARER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02- 5344 Civil : : CIVIL ACTION - IN PARTITION : IN EQUITY PRAECIPE TO SETTLE AND DISCONTINUE WITH PREJUDICE PROTHONOTARY: Please mark the above case settled and discontinued with prejudice. February 6, 2003 Carol A. Redding, Esquire Attorney for Defendant J .~ T~'4 NM:llm~c~v°eUrJ ~:;ee tt~mey f°r Plaintiff Carlisle, PA 17013 717/243-4574; FAX 243-8227 PaBar 06268