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Home My WebLink About03-0909LAW OFFICE OF DARRELL C. DETHLEFS By: Darrell C. Dethlefs, Esquire Attorney Identification No. 58805 3805 Market Street Crop HHI, PA 17011 (717) 975-9446 Attorney for Phinti~ Colin K. Lydou ROBIN JENKINS, Plaintiff ~,VILLIAM SCOTT JENKINS, Defendant : IN THE COURT OF COMMON PLEAS OF : ~ COUNTY, PENNSYLVANIA 03-909 :: CIVIL ACTION-~ C ~ U; ~L-~ NOT~C~ 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 have been served. To defend against the aforementioned claims, a written appearance stating your defenses and objections must be entered and filed in writing by you, the Defendant, or by an attorney. You are warned that if yon fail to take action against these claims, the court may proceed without you and a judgment for any money claimed in the complaint or for another claim required by the Plaintiff may be entered against you in Court without further notice. Yon may lose money, property or other rights important to you. YOU SHOULD TAKE TU!~ PAPER TO YOUR LAWYER AT ONCE. lg 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. PENNSYLVANIA BAR ASSOCIATION LAWYER REFERRAL SERVICE P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 QTIClA Le ban demandado a usted en la torte. Si usted quiere defenderse de estas demandas exlmastas en las paginas siguientes, asted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe preaentar una aparieneia eserlta o en persona o pot abogado y anehivar en la corte en forma escrita ms defensas o sus objeciones a las demaadas en contra de su persona. Sea avisdao que si usted no se defiende~ la corte tomara medidas y puede entrar una orde contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sas propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO IMMEDIAMENTE~ SI NO TIENNE ABOGAD O SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONE A LA OFICINA CUYA PUEDA CONSI~GUIR ASSISTENCIA LEGAL: PENNSYLVANIA BAR ASSOCIATION LAWYER REFERRAL SERVICE P.O. Box 186 Harrisburg, PA 17108 (800) 692-7375 Date: By: Colin K. Lydon, Esquire Attorney LD. ~1~ 5 ~ ~ ~805 Market Street Camp Hill, PA 17011 (717) 975-9446 ROBIN JENKINS, Plaintiff WILLIAM SCOTT JENKINS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 -~t? CIVIL ACTION - EQUITY COMPLAINT AND NOW comes Plaintiff, Robin Jenkins, by and through her attorney, Colin K. Lydon, Esquire, and avers as follows: 1. The Plaintiff and the Defendant were married on July 22, 1989 in Mechanicsburg, Pennsylvania, Cumberland County. 2. On August 7, 1992 the Plaintiff and the Defendant purchased a home and real estate, located at 101 Vaughn Road, Shippensburg, Cumberland County, Pennsylvania (hereinafter referred as the Marital Residence). The purchase was recorded in the Office of Recorder of Deeds in and for Cumberland County in Mortgage Book 1082, Page 884. 3. The Plaintiff and the Defendant separated in 1993 and mutually entered into a Property Settlement Agreement, dated June 22, 1993, which was designed to settle all financial and proprietary rights between them. 4. Pursuant to the Property Settlement Agreement, the Defendant delivered to the Plaintiffa warranty deed, conveying to the Plaintiff all of his right, title and interest in and to the Marital Residence. In return, the Plaintiff, in accordance with the Property Settlement Agreement, paid a lump sum of $2,000.00 to the Defendant. The Plaintiff, it was agreed, became the sole owner of the Marital Residence, and assumed full and sole responsibility for all ongoing costs and liabilities associated with the Marital Residence, such as mortgage payments, real estate taxes, utilities and homeowner's insurance. 5. The Plaintiff has solely paid all mortgage and homeowner's insurance payments from the date of the Property Settlement Agreement. The Defendant and the Plaintiff have lived separate and apart from 1993 to the present, with the exception of a brief period of time in or about 1998 and 1999 when the Defendant moved temporarily into the Marital Residence. While the Defendant performed gratuitous work on the home, he did not make any mortgage or homeowner's insurance payments. The Plaintiff and the Defendant are presently seeking a divorce. In August, 2002, the PlaintiWs home at 101 Vaughn Road, Shippensburg, Pennsylvania was destroyed by fire. Before State Farm Insurance Company (hereinafter referred as "Insurance Company"), which provided homeowner's insurance for the Plaintiff's home, disbursed a check to the Plaintiff for the loss of her property, the Defendant, through counsel, contacted Insurance Company by letter, dated October 21, 2002, to assert without merit a claim against the Marital Residence in the amount of $25,000.00. As a result of the Defendant's claim, Insurance Company has not released the proceeds of the homeowner's policy to the Plaintiff. The Defendant has refused to withdraw his claim even though he does not have any fight or interest in the Marital Residence. The Plaintiff' seeks an order from this court to compel the Defendant to relinquish any claim on the proceeds from Insurance Company, such that the funds may be disbursed directly and solely to the Plaintiff, and may therefore be utilized for the construction of her home. WHEREFORE, plaintiff prays that this Court: find that Plaintiff is solely entitled to the proceeds from Insurance Company in reference to the loss of property at 101 Vaughn Road, Shippensburg, Pennsylvania; and order such other and further relief as the Court deems just and proper. Dated at Camp Hill, Pennsylvania, this ~,~ day of ~[~b tlt'~r~ ,2003. Colin K. Lydon, Esquire Law Office of Darrell C. Dethlefs P.O. Box 368 3805 Market Street Camp Hill, Pa 17001-0368 (717)975-9446 Attorney I.D. 58805 Attorney for Plaintiff LAW OFFICE OF DARRELL C. DETHLEFS By: Colin Kelly Lydon, Esquire Attorney Identification No. 56368 3805 Market Street CampHill, PA 17011 (717) 975-9446 ROBIN JENKINS, Plaintiff WILLIAM SCOTT JENKINS Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. CIVIL TERM VERIFICATION I hereby verify that the statements of fact made in the foregoing documcms are true and correct to the best of my knowledge, information, and belief. I understand that any false statements therein arc subject to thc criminal penalties contained in 18 Pa C. S. Section 4904, relating to unswom falsification to authorities. Robin Jenkins SHERIFF'S RETURN - NOT FOUND CASE NO: 2003-00909 P F~/ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND JENKINS ROBIN VS JENKINS WILLIAM SCOTT R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, DEFENDANT JENKINS WILLIAM SCOTT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - EQUITY the within named DEFENDANT , NOT FOUND , as to , JENKINS WILLIAM SCOTT PER OWNERS AT TAGG RUN, DEFENDANT IS ONLY AT SITE ON WEEKENDS. NO RESPONSE TO CARD THAT WAS LEFT AT SITE. Sheriff's Costs: Docketing 18.00 Service 5.52 Not Found 5.00 Surcharge 10.00 .00 38.52 Sheriff of Cumberland County DARRELL DETHLEFS 03/28/2003 Sworn and subscribed to before me this ~?~ day of ~ ~3 A.D. notary