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Home My WebLink About98-07279 . .. , .l \J .~ .~ . <II '. ':::. 'd ~. . \)-.... . . < . ... '\;;. .! ~ ~ ." --( .1 .j I I I ," Iii III I il .\ /" " .j ~ . jr '1 ,,'>-.... , j"...... I .. ... I .::s . I~ I f(l-... t--. C"'{ t"-.... ~ ~ THOMAS P. HARDING, JR. and KAREN ) F. HARDING, his wife, ) Plaintiffs ) ) vs. ) ) R. GEORGE MOYE and SHARON L. ) MOYE, his wife, ) Defendants ) IN THE COURT OF COMMON PLEAS OF HUNTINGTON COUNTY, PENNSYLVANIA E9u, tr GWR ACTION - LAW . . . '," ',..1. ~ '\. ,',', ':. '. .' :, . . '.', .., '\, " " ......,., ". ...:. ,.:,' J' " 1 ". NO. '7 S'. 7..l 7 '1 EJ...:.:;c;0;- . . ~ I IN PARTITION " ,', ....,,~ I :,~ " , COMPLAINT IN PARTITION - , ) ,il :.,' ....\ t AND NOW come the above-named Plaintiffs, by their attorney; Samuel L. ndes, and makes the following Complaint in Partition: 1. The Plaintiffs are Thomas P. Harding, Jr. and Karen F. Harding, his wife, dult individuals who reside at 1706 Fairmont Drive in Mechanicsburg, Cumberland ounty, Pennsylvania. 2. The Defendants are R. George Moye and Sharon L. Moye, his wife, adult ndlviduals who reside at 115 Sherwood Road in New Cumberland, Cumberland ounty, Pennsylvania. 3. The Plaintiffs and Defendants are the owners of a tract or parcel of land ituate in Penn Township, Huntington County, Pennsylvania, which property is more pecifically described in a Deed into them dated 28 May 1992, a copy of which is ttached hereto and marked as Exhibit A, and incorporated into this Complaint. The lalntiffs and Defendants own the property as tenants in common, without the right f survivorship, with the Plaintiffs owning their one half interest as tenants by the _ntireties, and the Defendants owning their one half interest as tenants by the ntireties. 4. No other party owns an interest in the property and there are no liens gainst the property to Plaintiffs' knowledge. It. 24.1" '1\ 4 <), ;0 5. The property is improved with a single family dwelling and cannot be practically divided into purports or otherwise physically divided between the parties. 6. Plaintiffs believe the property has a far market value of $67,000.00. 7. Plaintiffs desire to partition the property so that the Court can super~ise its "ale and the distribution and division of the net proceeds of that sale. 8. Plaintiffs have requested Defendants' cooperation in the voluntary sale or ther distribution of the property and have received no response. 9. Plaintiffs believe the Court's involvement is necessary to partition the roperty and wish the Court to do so. WHEREFORE, Plaintiffs pray this Court to decree the Partition of the property wned by the parties and described in Exhibit A and to supervise the sale or other iquidation of the property, including the appointment of a Master if necessary to versee such process. ~~fl-~ Attorney for Plaintiffs Supreme Court ID # 17225 525 N. 12th Street Lemoyne, Pa 17043 (717) 761-5361 . .':~---~ . '. . . '. ... '. . _ ".":'" ~._---o__ '''-'~'':'- - ::::.:.____,. ---- ". ,-/-1, COMMONWEALTH OF PENNSYLVANIA ) ( 55.: ) COUNTY OF CUMBERLAND THOMAS P. HARDING, JR., being dUly sworn according to law, deposes and Isays that the facts s~t forth in tile foregoing PETITION are true and correct to the best of his knowledge, information, and belief. a~z~~~ P/~~/~~__ THOMAS P. HARDING, JR. ' \j jSworn to and sub~cribed IbefQ[e me this I'~' fL day a UH1Q)'}L1QJV-' ,1998. ~ )~ "-PlJ. V2tj-<li.JL~ Notary ublic. tm~ ll!!M. fIllY U. ROSaU. HalIr1Nl1c t.-qrao IIcro. Clud>.<HldCaallI1. PII Ou.i..lwIolII!lqiOl Nnw. 20, 2Cm -_.~.._--.._._.. ._--- Il- II TTI..-~- ."~;.."..... ....,~:-. ,.;,. ....--- . . - . . -,' . , " e' . . '-, . !, .. ."" " .,.' . . \ .' -: ". 4 : . '" ",. , .' . ~lr ,..-. ~b..<!>A.il.. . .~- COMMONWEALTH OF PENNSYLVANIA ) ( 55.: COUNTY OF CUrvlBERLAND ) KAREN F. HARDING, being duly sworn according to law, deposes and says that Ithe facts set forth in. the foregoing PETITION are true and correct to the best of her knowledge, information, and belief. pworn to and subscribed befQ.Ce f!le this Il(t1\....-'day bf Oti!.Q.1ltlblU~ , 1998. ') , . '--1\ -19-/:\ Q,UA.J KfiMll cJ tJ[Ltlb11 KAREN F. HARDING NOT/IRW. seH. _...R08ElU.~~ PA tJIIqIlIlIarO. ~1IfId ...-... 0.....1 .",~lbl,20.2000 . '-~., ;.J..... \; ,\' /: /; 'A ,\ ',t:' 1. ~( " tii ~; , Ii\' !i:i:, , I I , \ , . , ~ ,I~. ' ., , : . '. ' " \ ',' . " , ~ ;, . + - , " . """. . .' '~"". ' I" - ........ \ THIS DEED, MADE TIIE ;J./th day of f7U.L/ nine hundred ninety-two in the year one thousand (1992) BETWEEN R. GEORGE MOYE and SHARON L. MOYE, his wife, of Mechanicsburg, Pennsylvania, Grantors, , I' j ~~ j \; " " i) f" Ii " , ~ and R. GEORGE MOYE and SHARON L. MOYE, his wife, of Mechanicsburg, Pennsylvania, a one-half (1/2) interest as joint tenants by the entirety, and THOMAS P. HARDING, JR. and KAREN F. HARDING, his wife, of Mechanicsburg, Pennsylvania, a one-half (1/2) interest as joint tenants by the entirety, with the relationship of the two one-half interests to be that of tenants in common without the right of survivorship, Grantees: WITNESSETH, that in consideration of Fourteen Thousand Five Hundred Forty-one and 75/100 Dollars ($14,541.75), in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantees, their heirs and assigns: ALL 'rHAT CERTAIN piece or parcel of land situate in Penn Township, Huntingdon County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point on the Northern line of lands now or formerly of Samuel Norris, said point being on the Western right of way line of the public road (LR 31037) leading from Hesston to Lake Raystown Seven points Recreation Area; thence along said public road right of way a distance of one hundred and fifty (150) feet, more or less, to a point on the line of lands now or formerly of Merle W. Berkheimer and Marian E. Berkheimer, his wife; thence along lands of said Merle W. Berkheimer and wife, one hundred and ninety (190) feet, more or less, to a point on the line of lands now or formerly of Robert E. Bradley; thence along lands of said Robert E. Bradley, one hundred and fifty (150) feet to a point on the line of lands now or formerly of Samuel Norris; thence along lands of said samuel Norris, one hundred and ninety-two (192) feet, more or less, to a point on the Western right of way line of public road (LR 31037), the place of BEGINNING. containing 28,800 square feet. . . Having erected thereon a growing house. BEING the same premises which the Commonwealth of Pennsylvania, Department of Transportation, by Deed dated October 28, 1986 and recorded in the Huntingdon County Recorder of Deeds Office in Deed Book 191, Page 945 granted and conveyed unto R. George Moye and Sharon L. Moye, his wife, the grantors herein. Also being the same premises which R. George Moye and Sharon L. Moye, his wife, by Installment Sales Agreement dated April 1, 1987 and recorded in the Huntingdon County Recorder of Deeds Office in Deed Book 207, Page 459 agreed to convey unto Thomas P. Harding, Jr., and Karen F. Harding, his wife. EXCEPTING AND RESERVING a right of way over and across for ingress and egress to and from LR 31037 from a sixteen foot (16') right of way leading to Township Road No. 417. l.UVlJthe said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. [If ~lfESS W7~Op; said Grantors have hereunto set their hands and seals the day and year first above written. Signed, ScnIod llDd Dclirerod in tho Prc9CIlOO: of fjl'::'M~ Vl~~ SJ~~.~yyn~ r i i I I (SEAr.) (SEAL) . ~ ..," '\.' .' '",' I' ~ . ':~.':.' I . ~ .~. . " : .' "" '.', ,. , ., , com:',)lI\lI':,il,TI! 01' I'E:I;ISY r,V MlIl\ S~ .;>, COUIlTY OF curmmUJ\IlD On this, the cJ.rt'l day of /IU'"! ,199, bef:ore me, the undersigned officer, personally appeared R. GEOHGE Il0YE and S/llIROIl L. 1I0YE, kn0\'1I1 to me (or satisfnctorily proven) to be the "'~'-"''''P('1 nh09"! names are Gubscrlbr'l to the lJithin instrmrcllr., anel "hnt they exe,,;" tecl t:. '1 same "Jr ti Ie purr'" 'P'!', here in :1 \' "llIESS \' 'EOI', r heJ:eunto ,,~t 1 "11,1 'Old offici 011 seal. ~~,J l, (]-u,--6&<o NOJzary Public My Commission Expires: l:c,,,,,;S,,',1 J J:m.n E.l!r-::ltl":l:;:'. t iol=try FlllilC srlir~n\::!I~.I~;'.'.'il r:'II'O. Cllr.1~l!I!~lr;d County t.'l' CO!Jlflli~.f-)r <ll [)tr~lf) Feb. 12, 1 [l~,'11 rJ.~'l1j;X;I, f....:>I\."r\/:';;U;;\,'::;~'~;jtiQrloiFJ(!':' :j:; (SEAL) I do hereby c"~tify that t! '"GiRC residences an~ nomplete p",t office addresses of the wi' il nam~d Cjrantees is 2205 Spring Run Drive, Mechanicsburg, Pl\ 17055 for both R. George Moye and Sharon L. Moye, his wife, and 1706 Fairrnont Drive, lIechanicsburg, PA 17055 for both Thomas P. /larding, Jr. nn~ Karen F. /larding, his wife.* ~\'hll..S', 19 q,).. ~<',IJ'i.'lll~cP<v Ji'lrnes! D. 13ofjar,~ ,squi l~e l\ttorney for Th mas P. /Iardi/l':l, J,-" i'lld Karen F. /larding 'r; . ,'. '. ,,' ,,' ... . , . I, L.. ,1'. '...' r . ',! "'PLEASE RE'l'URIl '1'0: James D. 13ogar, EsrJuire 5 West Main street Shiremanstown, PA 17055 COlllIOtlI'lE/lI"TIl OF PEl illS Y INMlll\ ss. COlJl/'l'Y OF I1lJll'l'IlIGIlOIl RECORDED on this d~y of 19 , in th~ Recorder I s Off ice of tlie said County, in Dee';} Dook , Volume , Png~ Given under my hand and the seal of the said office, th~ date "bo-.,.-, ''Litten. , Recorder. ~....J-. .....~ ...; .,."."""" .' '. . 1 .' .' . , . . . :. ' , "''''', \;. . , > '. .,~. _,'." .