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Home My WebLink About00-06785 "'.,,>, "--';;jL>~" '^~ ^,r" , , DAVID KOGUT, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . l"_' 1 . =t.. LU : NO. 2000- t..7f>S e1'IttL ERM MARILYN K. McNEIL, Defendant : CIVIL ACTION - IN EQUITY NOTICE OF PENDENCY OF PARTITION PROCEEDINGS TO: Marilyn K. McNeil 3049 Ritner Highway Carlisle, Pennsylvania 17013 Notice is hereby given that an action has been commenced in the above-entitled court, which action is numbered and entitled as set forth in the heading hereof, on the complaint of the above-named plaintiff against the above-named defendant, for the purpose of obtaining a partition of the premises therein described among the owners thereof, or, in the alternative, for a sale thereof under the direction of the court, and a division of the proceeds of such sale among such owners, according to their respective rights. Said premises are situate in the County of Cumberland, Commonwealth of Pennsylvania, and are more particularly described as follows: ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more fully bounded and described pursuant to a subdivision plan for Robert L. and Roberta E. Beecher, prepared by Stephen G. Fisher, R.S., dated March 13, 1985, and recorded in Cumberland County Plan Book 40, Page 149, as follows: BEGINNING at an iron pin at the eastern edge of a certain 50 feet wide private right of way as shown on the hereinabove mentioned subdivision plan at the dividing line between Lots Nos. 1 and 5 on the said subdivision plan; thence along said private right of way line North 30 degrees 20 minutes 55 seconds West 300.00 feet to an iron pin; thence along lands now or formerly of Harold Barrick, North 61 degrees 55 minutes 20 seconds East 183.43 feet to a stake; thence continuing along same, South 52 degrees 11 minutes 30 seconds East 328.43 feet to an iron pin; thence along the dividing line between Lots Nos. 1 and 5 on said plan, South 61 degrees 55 minutes 30 seconds West, 305.72 feet to an iron pin, the Place of Beginning. Being further described as Lot NO.5 on the hereinabove mentioned subdivision plan, rO!3M.J.A Robert L. O'Brien, Esquire Dated: cr/ 2~/cJ7.J r l ,~' -.~,--~ -." : "'~"J -, ~ -~ DAVID KOGUT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2000- CIVIL TERM MARILYN K. McNEIL, Defendant : CIVIL ACTION - IN EQUITY 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 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 Ii II ~'."'H --,-_ . ; .v;. _~ ~-~ DAVID KOGUT, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000- (. 7'Y~ CIVIL TERM MARILYN K. McNEIL, Defendant : CIVIL ACTION - IN EQUITY COMPLAINT 1. Plaintiff is David Kogut, an adult individual who resides at 922 Pine Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Marilyn K. McNeil, an adult individual who resides at 3049 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant are co-owners and co-tenants of a certain tract of land located in West Pennsboro Township that is known and numbered as 3049 Ritner Highway and described as follows: ALL that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, more fully bounded and described pursuant to a subdivision plan for Robert L. and Roberta E. Beecher, prepared by Stephen G. Fisher, R.S., dated March 13, 1985, and recorded in Cumberland County Plan Book 40, Page 149, as follows: BEGINNING at an iron pin at the eastern edge of a certain 50 feet wide private right of way as shown on the hereinabove mentioned subdivision plan at the dividing line between Lots Nos. 1 and 5 on the said subdivision plan; thence along said private right of way line North 30 degrees 20 minutes 55 seconds West 300.00 feet to an iron pin; thence along lands now or formerly of Harold Barrick, North 61 degrees 55 minutes 20 seconds East 183.43 feet to a stake; thence continuing along same, South 52 degrees 11 minutes 30 seconds East 328.43 feet to an iron pin; thence along the dividing line between Lots Nos. 1 and 5 on said plan, South 61 degrees 55 minutes 30 seconds West, 305.72 feet to an iron pin, the Place of Beginning. Being further described as Lot NO.5 on the hereinabove mentioned subdivision plan. Being the same premises which Mary C. Bowman, by Deed dated April 12, 1990 and recorded in the Office of the Recorder of Deeds in and for , Cumberland County in Deed Book M., Vol. 34, Page 991, granted and conveyed unto David Kogut and Marilyn K. McNeil, Grantors herein. --...ftillliL 4. The forementioned real estate cannot be divided without prejudice to or spoiling the whole. Accordingly, Plaintiff requests that the property be purchased by one of the parties after a bidding process. WHEREFORE, Plaintiff respectfully requests that this honorable Court order and direct the sale of the property between the parties and if said sale cannot be accomplished, that the property be sold as the Court may direct. Respectfully submitted, O'BRIEN, BARIC & SCHERER I By: f20~~ Robert L. O'Brien, Esquire Attorney for Plaintiff 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 robrien@obslaw.com ..:.d ~~, VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. Date: 4/ZQjlJ7J ~~;t- Davi ogut rlo.dir/clientsJkogutlkogut.com !! ~,' '. I...~ " " "' b~iIii~J'- PRAECIPE FOR LISTING CASE FOR TRIAL (EQUITY) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case: ( ) for JURY trial at the next term of civil court. ( X) for trial without a jury. David Kogut, Plaintiff ( ) Assumpsit ( ) Trespass ( ) Trespass (motor vehicle) (x) EQuitv ( other) v. Marilyn K. McNeil, Defendant Pretrials will be held on January 10, 2001 (Briefs are due 5 days before pretrials) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) No. 2000-6785 Equity Term Indicate the attorney who will try case for the party who files this praecipe: Robert l.. O'Brien, Esquire Indicate trial counsel for other parties if known: Darrell C. Dethlefs, Esquire This case is ready for trial. Signed-:- _1..2 () &~. Date: t1-}, 't I 00 Print Name: Robert L. O'Brien, Esquire Attorney For: Plaintiff, David Kogut V-~~Ii'i~w'Nt&"r_-',!,tiWjM,-lj'_Fl!'Ili-~!;!;;;irl!lm1~ii<J~'-""fl<;~"~;;'k'2;:~~;~,~b~1Oi!!lill--' I3liiIlIillIilili!ll'W~" "~" .'~--- ,- ,'. . ." -~ . ~_.~,~" -^ ,~. -'. .-'- ,^,_~_L. ~,'~_" , '"__~"~""O >~ .._~ " ~ ~~~r'-I:;;:~L4Hil ~~ , ~i:i (') c:, 0 C CJ -n s: ,:;-J -- -oc,u P'l -"1"' rnn-, c, Z:T: .- Z 1'"- -L~ ~-~q (J);?:- ";:~ .,,( ~~ ',---' () .,1 <-....... :;:::;:. _.,,- ~o ::e -""...! (-) ":-6 ~-;>' '? ..<'~,. rn Pc ,-, '-' z ~ > =< ,. :0 (J') -< . ~- J I ~ ~ ."" - . - -, -..~ '"'~r~_"',' JAN 2 3 2001 !J DAVID KOGUT, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 2000- (P1S6CIVIL TERM : CIVIL ACTION - IN EQUITY MARILYN K. McNEIL, Defendant PLAINTIFF'S PRE-TRIAL MEMORANDUM 1. Statement of Facts: The residence owned by the parties is not capable of being divided and accordingly the Plaintiff has requested that his interest be purchased or that he purchase the Defendant's interest. 2. Issue Presented: The Court has to conduct an auction of the property between the parties. 3. Witnesses: The Plaintiff and Defendant are anticipated to be witnesses/participants in the bidding process. 4. Exhibits: None. 5. Settlement Proposals: The Plaintiff is willing to bid in excess of the appraised value of the real estate and feels this is the most appropriate way to purchase the Defendant's interest or to sell his interest. Respectfully submitted, O'BRIEN, BARIC & SCHERER .~t;;:;"oo,,\a By: KUl.::) ~ Robert L. O'Brien, Esquire Attorney for Plaintiff 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 k .~~ '"""IW!;Gt<."t;;c'~' .~ JAN 2 3 2001 DAVID KOGUT, Plaintiff v. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 2000- ct>IS6CIVIL TERM : CIVIL ACTION - IN EQUITY MARILYN K. McNEIL, Defendant PLAINTIFF'S PRE-TRIAL MEMORANDUM 1. Statement of Facts: The residence owned by the parties is not capable of being divided and accordingly the Plaintiff has requested that his interest be purchased or that he purchase the Defendant's interest. 2. Issue Presented: The Court has to conduct an auction of the property between the parties. 3. Witnesses: The Plaintiff and Defendant are anticipated to be witnesses/participants in the bidding process. 4. Exhibits: None. 5. Settlement Proposals: The Plaintiff is willing to bid in excess of the appraised value of the real estate and feels this is the most appropriate way to purchase the Defendant's interest or to sell his interest. Respectfully submitted, O'BRIEN, BARIC & SCHERER By: =-K~~ Robert L. O'Brien, Esquire Attorney for Plaintiff 1.0. # 28351 17 West South Street Carlisle, Pennsylvania 17013 ~..J ",.'-1- . ~__u --" [W~ DAVID KOGUT, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff NO. 2000 - 6785 EQUITY TERM v. MARILYN K. MCNEIL, Defendant DEFENDANT'S PRE - TRIAL MEMORANDLjM I. STATEME;NT OF FACTS The Plaintiff filed a complaint in equity on September 29, 2000 requesting that the property known and numbered as 3049 Ritner Highway, Carlisle, Pennsylvania which is owned by the Plaintiff and the Defendant be purchased by one of the parties after a bidding process. The Plaintiff requested in the alternative that if the property cannot be sold between the parties that the property be sold as the Court directs. II. ISSUE PRESENTED A. SHOULD THE PROPERTY KNOWN AND NUMBERED AS 3049 RITNER HIGHWAY BE SOLD BETWEEN THE PARTIES AFTER A BIDDING PROCESS? III. WITNESSES Marilyn K. McNeil 3049 Ritner Highway Carlisle, PA 17013 1"--' : ,I -,-I J-~ ~r,;, Larry E. Foote Diversified Appraisal Services 35 East High Street Suite 101 Carlisle, PA 17013 IV. eXHIBITS A. Appraisal of Larry E. Foote as of March 9, 2000 V. SETTLEMENT NEGOTIATIONS The Defendant has offered to pay the Plaintiff $20,000.00 for his interest in the property. Darr I C. Dethlefs, Esquire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975 - 9446 Atty Id. No. 58805 . L . ,,- ',,'j-'- ;1-, "L-' , " , ~, -,,' - i --", . , --i-'" - 'l'j]~: DAVID KOGUT, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff NO. 2000 - 6785 v. CIVIL ACTION - EQUITY MARILYN K. MCNEIL, Defendant CERTIFICATE OF SERVICE I, DARRELL C. DETHLEFS, do hereby certify that on thiS~) day of JC\~Y' 2001, I did serve a true and correct copy of the foregoing document on all counsel of record by depositing a copy of the same in the United States mail, first class postage prepaid, addressed to: Robert L. 0' Brien, Esquire 17 West South Street Carlisle, PA 17013 Darre C. Dethlefs, Esquire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975 - 9446 Atty Id. No. 58805 ;1- ." ---"-,,,,1 .1 '~ . - -. ,~- ,~~, '"'~i . DAVID KOGUT, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff NO. 2000 - 6785 EQUITY TERM v. MARILYN K. MCNEIL, Defendant DEFENDANT'S PRE - TRIAL MEMORANDUM I. STATEMENT OF FACTS The Plaintiff filed a complaint in equity on September 29, 2000 requesting that the property known and numbered as 3049 Ritner Highway, Carlisle, Pennsylvania which is owned by the Plaintiff and the Defendant be purchased by one of the parties after a bidding process. The Plaintiff requested in the alternative that if the property cannot be sold between the parties that the property be sold as the Court directs. II. ISSUE PRESENTED A. SHOULD THE PROPERTY KNOWN AND NUMBERED AS 3049 RITNER HIGHWAY BE SOLD BETWEEN THE PARTIES AFTER A BIDDING PROCESS? III. WITNESSES Marilyn K. McNeil 3049 Ritner Highway Carlisle, PA 17013 c ,I .I, Larry E. Foote Diversified Appraisal Services 35 East High Street Suite 101 Carlisle, PA 17013 IV. EXHIBITS 1'- A. Appraisal of Larry E. Foote as of March 9, 2000 V. SETTLEMENT NEGOTIATIONS The Defendant has offered to pay the Plaintiff $20,000.00 for his interest in the property. Darr I C. Dethlefs, Esquire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975 - 9446 Attyld. No. 58805 I, ~ ' ""~'-- '_n; i:!Jllf DAVID KOGUT, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff NO. 2000 - 6785 v. CIVIL ACTION - EQUITY MARILYN K. MCNEIL, Defendant CERTIFICATE OF SERVICE I, DARRELL C. DETHLEFS, do hereby certify that on this ~~ day of JO\",~!, 2001, I did serve a true and correct copy of the foregoing document on all counsel of record by depositing a copy of the same in the United States mail, first class postage prepaid, addressed to: Robert L. 0' Brien, Esquire 17 West South Street Carlisle, PA 17013 Darre C. Dethlefs, Esquire 3805 Market Street P.O. Box 368 Camp Hill, PA 17001 (717) 975 - 9446 Attyld. No. 58805 ~I 1 ' ~ _ '..~ -O~~i - v DAVID KOGUT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MARILYN K. MCNEIL, Defendants NO. 2000-6785 EQUITY TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 28TH day of DECEMBER, 2000, a pretrial conference in the above-captioned matter is SCHEDULED for Mondav, January 29, 2001, at 8:30 a.m. in Chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five (5) days prior to the pretrial conference. TRIAL in the matter will be scheduled at the pretrial conference. Counsel are directed to have their calendars available. Taryn Dixon By the Court, ~ Edward E. Guido, J. cc: Robert L. O'Brien, Esq. Darrell C. Dethlefs, Esq. I It I' " I' il " Il Ii Il q II II Ii 11 :: , I:, ~l_H~fl' , - .,_-4_._.<".=_,/~ '.- qn n~f' ~J q '--.) ,--';.....~, Cor ~17 "' "";!'-JDT!\;;Y C,t: nc.. ... Uv ~'U"" " 'V'-"'r' 'i Lj ,il i ',"',U' "'-IY V IdW._ ",'- ,< - " " J"J PENf~.sYl:v'f;,TJ!!-\ ~ ~_ _ ~!i';M!lII"", =,.~il!t'-mm,~~ffiI~"l!IWi'FWqo;,~:,:",jW-(7'!'-'i!,i-'!fF;ff~;-f;:; ''''l'T'f.''-'''-<\1'.lWf!!':;'i!Wil'!l'$'c.M;;'~'''K4:'''';'''''''r<''''H~~~~~ ,~ =' .._~~ ' , . I ;,.' , .~" -- "'[~ -~~, -qifi' PRAECIPE FOR LISTING CASE FOR TRIAL (EQUITY) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: DEe 1 4 2OQo) /\ Please list the following case: ( ) for JURY trial at the next term of civil court. ( x) for trial without a jury. David Kogut, Plaintiff ( ) Assumpsit ( ) Trespass ( ) Trespass (motor vehicle) (x) EQuitv (other) 0 <:;> ("- .J C c:; .T! ~ c:J -0 co [~'1 mrn .~ z....".., '. , zr" ~. (f)!2: ". ~': '; ~,-, :j~;~ :<: .......--' 5: ~C) .';;. -r' Zo 9 3_;.~: )>,..." --... z ~ ,~ )>' =<! :0 0"\ -< v. Marilyn K. McNeil, Defendant Pretrials will be held on January 10, 2001 (Briefs are due 5 days before pretrials) (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214-1.) No. 2000-6785 Equity Term Indicate the attorney who will try case for the party who files this praecipe: Robert L. O'Brien, Esquire Indicate trial counsel for other parties if known: Darrell C. Dethlefs, Esquire This case is ready for trial. Signed: ~~ Date: /2-1 r 't ( 00 Print Name: Robert L O'Brien, Esquire Attorney For: Plaintiff, David Kogut '~'" - .,--;,--,-",-,,~- e~ , '''K __'-""" -~ Richard J. Pierce Court Administrator OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT OF COMMON PLEAS 1 Courthouse Square' Carlisle, PA 17013 'Phone Taryn N. Dixon (7-1.7) 240.6200 Assistant Court Administrator (717) 697-0371 (717) 532-7286 (717) 240-6462 FAX MEMORANDUM TO: The Honorable Edward E. Guido Taryn N. Dixon, Assistant Court Administrato;--- ~0 . ~ FROM: DATE: December 14,2000 INRE: 6785 Equity 2000 DAVID KOGUT v. MARILYN K. MCNEIL The above case is assigned to you for a non-jury trial. Please provide me with copies of your scheduling orders and final disposition date so that I can monitor the case for statistical purposes. Attachment , .1-, .. I .,~,,', j" 'I,. , ,-~ '" ',', ,,'---, , iiili'.' DAVID KOGUT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MARILYN K. MCNEIL, Defendants NO. 2000-6785 EQUITY TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 28m day of DECEMBER, 2000, a pretrial conference in the above-captioned matter is SCHEDULED for Monday. January 29. 2001. at 8:30 a.m. in Chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five (5) days prior to the pretrial conference. TRIAL in the matter will be scheduled at the pretrial conference. Counsel are directed to have their calendars available. By the Court, cc: Robert L. O'Brien, Esq. Darrell C. Dethlefs, Esq. Taryn Dixon lol ,0\ O\,a ~ t I "~ ~T'"~,-"!""",,,,,,"!lI:;;! ~_ Ail.. ~ --~ ", M >~ , . " ~~ " ("1: 1)1 -~C'f'\!OT!\FtY rc: I"';t'r~ ~, (I.. ..1..,1 '''';___'-' (_,., {;;i g: 06 "u.,'.-- '. c; IV:DC',,': GOU;~1Y PENNSYl.\;I\NiA ',~ .._, ~_ ~~~~'ii'W""i";;'f#'Ji't!'ffi!Th\-;~!'fjiFW4~~mll'!'i'-iffi~~~"'r@Ol!;~ ,-'"'~ ~-,-- 'L ":'L'~ I. ,_, _:1 ~ ,-,', ,- '~~~"" ...- i , "--"{-j t' ... DAVID KOGUT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. 00-6785 CIVIL TERM MARILYN K. MCNEIL, Defendant CIVIL ACTION - IN EQUITY IN RE: AGREEMENT OF THE PARTIES ORDER OF COURT AND NOW, this 29th day of January, 2001, the parties having reached a resolution of this controversy, we will enter the following order by agreement of the parties: 1. Defendant shall purchase Plaintiff's interest in the property located at 3049 Ritner Highway, West pennsboro Township, Cumberland County, Pennsylvania for $40,000.00 upon the following terms and conditions: a. She shall obtain a commitment for financing for said amount within 60 days of today's date. Settlement shall be held within 30 days after the financing commitment has been obtained. b. She shall be responsible for all taxes, utilities, and insurance on the property until such time as she purchases the property or vacates the property. c. The parties shall share any transfer tax that may be due as a result of the conveyance. 2. In the event that Defendant fails to comply with the te~ms set forth in number 1 above, Plaintiff shall -,' ~~~ --""- 1,-- -1;;;,,-'- L:LI-,~ ""'_ ,-,- L ; ,,;, 'l s. ~~ -.,',' [~i ~ ... have the right to purchase the property from Defendant on the same terms and conditions except that the purchase price shall be $39,000.00. Said purchase price shall be paid within 30 days of Plaintiff's exercise of his right to purchase the property in writing under the terms of this order. 3. In the event that Defendant does not comply with any of the conditions set forth in number 1 above, Plaintiff shall have 10 days after receiving notice of her failure to comply to exercise his right to purchase the property. The Defendant will then be required to vacate the property on the date that the purchase price is paid to her. By the Court, Edward E. Guido, J. Robert L. O'Brien, Esquire 17 West South Street Carlisle, PA 17013 For the Plaintiff Darrell C. Dethlefs, Esquire 3895 Market Street P.O. Box 368 Camp Hill, PA 17001 For the Defendant :mae rf! Iii I'; .... ~ ..... ..n ~,~IlI'F Qr.~ _ /-f1;L'';l ,: /)~,~ ~-~f~:':;~~~~~}f 01 1'Il"!J " ",...iJ7A;:;y <. lil29 pr" "' CU}..r,e,. II 1.,: f 7 "".1::.'--;'. , ',I' Af'~ .: ;C/:/lir-j ("NNsii~ COUll ". 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