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HomeMy WebLinkAbout00-03575 DAVID E. STILL, V. Plaintiff PAMELA J. KILLINGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. a0-3J PARTITION O 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 an 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 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 DAVID E. STILL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - EQUITY 3575 PAMELA J. KILLINGER, :NO. Defendant : PARTITION COMPLAINT AND PARTITION 1. Plaintiff is David E. Still, an adult individuation currently residing at 145 Youngs Church Road, Shermans Dale, Perry County, Pennsylvania. 2. Defendant is Pamela J. Killinger, an adult individual currently residing at 2547 Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 3. The parties are the joint owners of a mobile home located at Lot 130 Regency Woods North, Carlisle, Cumberland County, Pennsylvania, but are not partners and are not husband and wife. 4. The parties were previously residing together at the aforementioned mobile home but have since separated with each of them securing a new residence of their own. 5. The parties have negotiated for a substantial period of time in an effort to try to resolve the sale, transfer, or other distribution of the mobile home or proceeds from the sale of the mobile home and have been unable to reach a final satisfactory arrangement in that regard. 6. The aforesaid mobile home, which is a 1980 Atlantic, a copy of the title for which is attached hereto and incorporated herein by reference as Exhibit "A," is the only personal property owned jointly by the parties. 7. The parties purchased the mobile home primarily through the use of Plaintiffs funds, by the initial $6,000.00 deposited and subsequent pay outs for a total purchase price of $8,500.00. 8. Plaintiff paid the majority of the costs for the purchase of the mobile home. 9. While the aforesaid mobile home has not been appraised, the parties estimate the value to be approximately $8,000.00. 10. It appears at this time that neither party wishes to retain ownership of the property, but rather, that the mobile home be sold. 11. The parties disagree on the basis for the distribution of the net proceeds of the sale of the mobile home. 12. The mobile home is currently located on a rented lot at the mobile home park know as Regency Woods West. 13. Since neither party is residing in the mobile home, neither party, likewise, is making payment of the lot rent due on that lot for which both parties are legally obligated. 14. The rental amount due to the parties' landlord should be deducted from the net proceeds of the sale of the mobile home. 15. The net proceeds of the sale of the mobile home, after deduction for the aforementioned lot rent, should be divided equally between the parties. WHEREFORE, Plaintiff requests your Honorable Court to order the sale of the aforesaid mobile home with the net proceeds therefrom being used to pay any delinquent lot rent amounts due and the balance therefrom being divided equally between the parties. Respectfully submitted, Esquire "JFFIE & 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 unworn falsifications to authorities. DATE:,`] - e,7-00 ? DAVID E. STILL, Plaintiff ter. 0- ACTUAL NNJEAGE I+ ATIFAGE EXCEEDS THE MECHANICAL - ._ " _ _ . f xy:- , ....•x= . . DTI. - NTTIEACTUAL MILE GE 9 NOTTHEACTUAL AGEyODMETEP ODOMETER DISCLOSURE EXEMPT BY FEDERAL LAM WMPEPWG VERinED TiIF® E%EMP F ODDMETER°'°°? HE REGISTERED OWNERISI ml£SMNDS DAVID E STILL E PAMELA A ANIIDUE VEHICLE '. D°«5aD E E . - J KILLINGER - F-CUT OF wUNTM -^ a FCfl NMiS G qT & 110 REGENCY MOODS N ON H°"?mCU UMLVEFILLE L - LOGGm VEHICLE CARLISLE PA 171113 p E? E RE R IN C C ON T - C ST U S-STREETROD T - RECCRERED THEFTVEACL'c V VEHICLE CCOONNS RESCUED W-FLODDVEHICLE ." " X=FORMERLY A TAM FIRST LIEN FAVOR OF: SECONDUEN FAVOR OF: X a second! lienhokar is IISRL, upon t`4c. satisfaction of TIRE first Ilan. CRE hint. I- lianholtler'mcet 1 Rcl this Title to the Bureau d Motor Vehicles wiM.Ds EtRsT Ll RELEASED ' mpropriate farm and We. DATE BY I'` _ .. VEH BELFASID sEGF''® __ wmoR?Dr?wreseNwrnE muNG ADDRESS Q,. .., ?< - o> DEPARTMENT OF THi1NSPORTATlON , CERTIFICATE OF TITLE FOLR ,,A VEHIC,, IE 1 F 763 - _ ?` --- . ?6D161I199 DflIIl!i9=flfl1 ` ?::. ? , 11711 114 8 bD ! ATLANTI( 332?791,75L13 ST - VEWCI£IOENTIFICATgMl,UMSEA YEAR MH [i' 3;16/961 EXEMPT 4 ? BODY T Y PE OtIP i" T 9EA CAP PRIORmLESTATE COCRPROCD.DATE 1 OODM. MNPS .' ODOMSTATUS - / a 3/ 20/ O1 !{ ? l/96/p 16 ? I ' ?D1 I I DATE PA TITLED DATE OF ISSUE UNLADEN WEIGHT G N GCWR TITLE BRANDS ODOMETER STATUS DAVID E STILL E PAMELA J KILLINGER 139 REGENCY MOODS N CARLISLE PA 17013 ll.c* as of the data d W., ,ft dfcal exoNa of the RERNW lVSds Deparbnant of a«Tdt>TIRfIBd;Itwtmaperaonl5l«comDarryrwrleEheremisihelawlWOUrer of thua Eaitl .elucre. _ ... APPLICATION .. FOR TITLE AND LIEN INFORMATION C.r SlR9LFIBED AND9Y9RN .: W? MD DAr - vEAR -a D \ s O NANiE Si. 1N !N PRESENCE c, . :. I SIHEIE l? X) 7 "Setsetarymf :Trausportatioa. rocwnerromer oanswr ioonaernac we o NNE, WYberoRiatl aa:'FaRnR N-O.xnmm" W'HrNiiYSb¢'taLdealh'o(dREanpLtitle gxs MaW d xe.awrer.imsesr q Eew®etl.Pwner CRY Tte uMPSgca tcreby mexes appGr lion W Gertll. of TMe to i veh. Ce t:Wd am.e. wblLCl m ne enwm«vices"omer iaa corms. form. STATE LIEN OATS. NAME STREET Cm STATE vv -NoUEN CHECK Box nF EXHIBIT "A" SIGNATURE OF C0.AFPDCNIT/LaLE OF All-CA ZED AGNES ff -0; mr:; z ? - r DAVID E. STILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PAMELA J. KILLINGER, Defendant CIVIL ACTION - EQUITY NO. 00-3575 EQUITY PARTITION ACCEPTANCE OF SERVICE I hereby acknowledge that I have received a true and correct copy of a Complaint and Partition in the above-captioned case and verify that I am authorized to do so on behalf of my client, Pamela J. Killinger. DATE: k T t Or-" Marcus A. McKnight, R IRWIN, McKNIGHT & 60 West Pomfret Street Carlisle, PA 17013 Sworn and subscribed to before me this 44k-,day of pu,. 2000. TARY Notarial Seal Martha L. Noel, Notary Public Carlisle Boro, Cumberland C" My Commlesion Expires Sept. is, 03 Member, aannsylvania Association of Notaries o a 7S` s r DAVID E. STILL, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - EQUITY PAMELA J. KILLINGER, : NO. 00-3575 EQUITY DEFENDANT : PARTITION NOTICE TO DEFEND 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, order 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 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 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. DAVID E. STILL, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - EQUITY PAMELA J. KILLINGER, : NO. 00-3575 EQUITY DEFENDANT : PARTITION ANSWER TO COMPLAINT WITH COUNTERCLAIM AND NOW, this 24th day of August, 2000, comes the defendant, Pamela J. Killinger, by her attorneys, Irwin, McKnight & Hughes, and makes the following Answer to the Complaint with Counterclaim: 1. The averments of fact contained in paragraph one (1) of the Complaint are admitted. 2. The averments of fact contained in paragraph two (2) of the Complaint are specifically denied. The defendant now resides at 130 Regency Woods North, Carlisle, Pennsylvania 17013. 3. The averments of fact contained in paragraph three (3) of the Complaint are admitted. 4. The averments of fact contained in paragraph four (4) of the Complaint are admitted. 5. The averments of fact contained in paragraph five (5) of the Complaint are admitted. 6. The averments of fact contained in paragraph six (6) of the Complaint are admitted in part and denied in part. It is admitted that the 1980 Atlantic mobile home is titled in both parties' name. It is specifically denied that it is the only personal property owned by the parties. On the contrary, there are many items of personal property including two (2) go-carts which were purchased by the defendant, Pamela J. Killinger. 7. The averments of fact contained in paragraph seven (7) of the Complaint are specifically denied. On the contrary, the down payment for the purchase of the mobile home was supplied by the defendant. The plaintiff was unemployed and Pamela J. Killinger liquidated her retirement funds to purchase said mobile home. 8. The averments of fact contained in paragraph eight (8) of the Complaint are specifically denied. On the contrary, the mobile home was purchased by using the retirement funds supplied by the defendant, Pamela J. Killinger. 9. The averments of fact contained in paragraph nine (9) of the Complaint are specifically denied. On the contrary, the plaintiff, David E. Still permitted the mobile home to decline by failing to maintain it. The value of the mobile home was less than Eight Thousand and no/100 ($8,000.00) Dollars when Pamela I Killinger took possession of the mobile home which her funds had originally purchased. 10. The averments of fact contained in paragraph ten (10) of the Complaint are specifically denied. On the contrary, in order to save the mobile home, the defendant has taken possession of it and is attempting to repair and preserve it. Pamela I Killinger seeks to keep the mobile home in order to reside in it. 11. The averments of fact contained in paragraph eleven (11) of the Complaint are admitted. The defendant seeks to have the mobile home awarded to her as part of the final distribution 12. The averments of fact contained in paragraph twelve (12) of the Complaint are admitted. 13. The averments of fact contained in paragraph thirteen (13) of the Complaint are specifically denied. On the contrary, it was the plaintiff who had forced the defendant from the mobile home, He enjoyed exclusive possession of it and then abandoned it without notice to the defendant. The defendant moved back into the mobile home in order to preserve it and make it her residence. She has paid the lot rent since she returned. 14. The averments of fact contained in paragraph fourteen (14) of the Complaint are specifically denied. On the contrary, the only amounts due to the mobile home park landlord are the obligation of the plaintiff, David E. Still. The amount due is for the period of time in which he enjoyed exclusive possession and had later abandoned said mobile home. 15. The averments of fact contained in paragraph fifteen (15) of the Complaint are specifically denied. On the contrary, there should be no reduction for lot rent and the title to the mobile home should be conveyed to the defendant, Pamela J. Killinger, since she supplied the funds to purchase the mobile home. NOW WHEREFORE, the Complaint of the plaintiff, David E. Still, should be dismissed with judgment entered on behalf of the defendant, Pamela J. Killinger, with costs, interests and reasonable legal fees permitted in equity. 4 COUNTERCLAIM OF THE DEFENDANT. PAMELA I KILLINGER AND NOW, this 24th day of August, 2000, comes the defendant, Pamela J. Killinger, by her attorneys, Irwin, McKnight & Hughes, and makes the following Counterclaim against the plaintiff as follows: 16. The averments of fact contained in defendants Answers to the Complaint are hereby incorporated by reference and are made a part of this Counterclaim. 17. The parties resided together and throughout their period of cohabitation Pamela J. Killinger was employed on a full time basis. Except for brief periods of time, the plaintiff, David E. Still, was unemployed. 18. The defendant, Pamela J. Killinger, purchased a number of items for the parties including the mobile home, two (2) motor vehicles, two (2) go-carts, a television and home entertainment center, and numerous other items, many of which are in the possession of the plaintiff, David E. Still. 19. In September of 1999, the plaintiff by his conduct, forced the defendant from the mobile home which they jointly owned. Without notice to the defendant, Mr. Still stopped making lot payments and moved from the mobile home. 20. The plaintiff, David E. Still, had permitted the mobile home to deteriorate while he enjoyed exclusive possession of it. 21. Without warning, the plaintiff, David E. Still, stopped paying the lot rent and abandoned the mobile home. 22. On or about July 1, 2000, defendant, Pamela J. Killinger, returned to the mobile home and began to repair it. She also began paying the mobile home park lot rent. 23. The defendant, Pamela J. Killinger, seeks the following equitable relief from the Court: a. Distribution to her of the 1980 Atlantic home; b. Payment by the plaintiff, David E. Still, to the defendant, Pamela J. Killinger, for the items which she purchased as well as funds she expended upon him in the amount of Thirty Thousand and no/100 ($30,000.00) Dollars; C. Payment of her reasonable legal fees and costs; and d. Any other equitable relief provided by the Court. WHEREFORE, the defendant, Pamela J. Killinger, seeks the relief set forth above. Respectfully Submitted: IRWIN, McKNIGHT & HUGHES By: MarcuslA. WKnight, 60 West Po fret Street Carlisle, PA 17t3I? (717) 249-2353 Supreme Court I.D. No. 25476 Attorney for the defendant, Pamela J. Killinger Date: August 24, 2000 VERIFICATION The foregoing Answer with Counterclaim is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. AMELA L Date: AUGUST 24 2000 DAVID E. STILL, : IN THE COURT OF COMMON PLEAS OF PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - EQUITY PAMELA J. KILLINGER, : NO. 00-3575 EQUITY DEFENDANT : PARTITION CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Answer to Complaint with Counterclaim was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Bradley L Griffle, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 IRWIN, McKNIGHT Sj HUGHES By: Marcus'A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: August 24, 2000 C? D O C7 7r _! 7 ? ? y `, .?) ICJ -i -G 1+7 -S r 7/P DAVID E. STILL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PAMELA J. KILLINGER, Defendant CIVIL ACTION - EQUITY NO. 00-3575 EQUITY PARTITION PLAINTIFF'S ANSWERS TO DEFENDANT'S COUNTERCLAIM 16. The averments set forth in Plaintiff s Complaint are incorporated herein by reference as if set forth in their full text. 17. Admitted in part and denied in part. The first averment in paragraph 17 is admitted in that Pamela J. Killinger, Defendant, was in fact employed on a full time basis to the best of Plaintiffs knowledge, during the period of time that the parties were cohabiting. It is denied, however, that Plaintiff was unemployed except for brief periods of time during the parties cohabiting. 18. Admitted in part and denied in part. It is admitted that Pamela J. Killinger, Defendant, purchased certain items of personal property while the parties were cohabiting. It is further averred, however, that Plaintiff likewise purchased certain items of personal property while the parties were cohabiting. It is further averred that the parties had arrangements where they each contributed to the financial expenses of cohabiting and each purchased certain items of personal property that they secured during their cohabitation. It is further averred that there was no agreement between the parties that either party would be reimbursed for any payment of expenses, contribution to the joint residence, contribution to the purchase of personal property items for the parties, or otherwise. 19. Denied. The first averment in paragraph 19 is denied. It is denied that the Plaintiff, by his conduct, in anyway forced the Defendant from the mobile home. It is denied that Defendant did not have notice prior to Plaintiff moving from the referenced mobile home. It is denied that Defendant did not have notice of the fact that Plaintiff was moving from the mobile home and would no longer be making payments for the lot rent on the mobile home. 20. Denied. It is denied that the Plaintiff did anything that in anyway caused the mobile home to deteriorate while he had exclusive possession of it, or after that time. 21. Denied. It is denied that Plaintiff stopped paying lot rent and abandoned the mobile home without warning. While it is admitted that Plaintiff stopped paying lot rent upon vacating the residence, it is denied that he "abandoned" the mobile home in that he gave prior notice to the Defendant of the fact that he was moving from the mobile home for reasons that have been made clear to the Defendant in the past and for reasons which were based upon Defendant's conduct. 22. Denied. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of the averments set forth in paragraph 22 and they are, therefore, denied with specific proof thereof being demanded a trial. 23. Denied. It is denied that the Defendant is entitled to any other relief demanded in paragraph 13 which paragraph amounts to a prayer for relief. a.) Denied. It is denied that Defendant is entitled to distribution of the 1980 Atlantic mobile home to her unless this is done in conjunction with the finalization of the partition action, which forms the basis to the within proceedings. b.) Denied. It is denied that Defendant has any rights under the within partition action to secure any type of reimbursement for funds that she alleges to have spent for the purchase of property or for the payment of debts that the parties paid during their cohabitation. c.) Denied. It is denied that there is any basis in law or fact for the payment of attorney's fees and costs by Plaintiff to Defendant in these proceedings. d.) Denied. It is denied that there is any equitable relief due to Defendant other than the relief that would be granted pursuant to the partition action which forms the basis to the within proceedings. WHEREFORE, Plaintiff requests your Honorable Court to dismiss Defendant's Counterclaim. Respectfully submitted, iffie, Esquire om for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 I VERIFICATION I verify that the statements made in the foregoing document are true and correct: 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsifications to authorities. DATE: / O tJ DAVID E. STILL, Plaintiff DAVID E. STILL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. PAMELA J. KILLINGER, Defendant CIVIL ACTION - EQUITY NO. 00-3575 EQUITY PARTITION CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the ? day of September, 2000, / cause a true and attested copy of the Plaintiff's Answer to Defendant's Counterclaim to be served upon the following by first class mail, postage pre-paid: Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 DATE: l1 C7 G? e, Esquire 4meyy £efPlaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800) 347-5552 ?_. _ ?? .. ? ?. . r.? c= c ? ?, of ?; c? I !' 7i J _ 7 •r} _ ? - I rn •. `; ,?? iJ') .a `'l J L , 4 ):DAVID E. STILL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 00-3575 CIVIL PAMELA J. KILLINGER, Defendant INEQUITY P AECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance for Plaintiff, David E. Still, in the above captioned matter. Respectfully submitted, lgirj e and Associates 00 N. Hanover St. Carlisle, PA 17013 (717) 243-5551 PRAECIPE TO ENTER APPEARANCE Please enter my appearance for Plaintiff, David E. Still, in the above captioned matter. Respectfully submitted, z L Dirk E. Berry, Esquire Law Office of James K. Jones, Esquire 7 Irvine Row Carlisle, PA 17013 (717) 240-0296 c-? ., rJ r ?% Cl d r, `1 J In The Court of Common Pleas of Cumberland County, Pennsylvania STILL DAVID E vs KILLINGER PAMELA J File No. 2000-03575 STATEMENT OF INTENTION TO PROCEED To the Court: PAMELA J. KILLINGER intends to proceed with the above captioned matter. Date: OCTOBER 25, 2004 for 4 A McKNIGHT III ESQ IRWIN & 60 WEST POMFRET STREET CARLISLE PA 17013 - _' C.DC ail y 4i C DAVID E. STILL, : IN THE COURT OF COMMON PLEAS PLAINTIFF : OF CUMBERLAND COUNTY, :PENNSYLVANIA V. NO. 2000-3575 PAMELA J. KILLINGER, DEFENDANT STATEMENT OF INTENTION TO PROCEED TO THE COURT: Defendant intends to proceed with the above-captioned matter. By: Respectfully submitted, IRWIN &.McKNIGHT M us ;A.Knight, III, Esquire S reme I.D. No: 25476 6 West et Street Carlis e, 013 (717) 249-2353 Date: November 1, 2007