HomeMy WebLinkAbout00-07735
It
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
~UI iIy
NO. 2000- 77]j ~
JAMES WENTZ,
V.
BONNIDENE ZIELONIS,
Defendant.
CIVIL ACTION-EQUITY
NOTICE OF PENDENCY
OF PARTITION PROCEEDINGS
TO: Bonnidene Zielonis
785 Bremer Road
Dover, Pennsylvania 17315
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 altemative, for a sale
thereof under the direction ofthe court, and a division ofthe 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 or lot ofland, situate in Silver Spring Township, Cumberland
County, Pennsylvania, being improved with a single brick dwelling house, and more
particularly bounded and described as follows:
BEGINNING at a point in the center line of Township Road 578 where the same
intersects with the southern line of Blue Ridge Avenue, said point is also reference
North 21 degrees 28 minutes 30 seconds West, a distance of 680.42 feet from the
intersection of the center line of said Township Road 578 with the center line of
U.S. Route 11 (the Carlisle-Harrisburg Pike); thence along the southern line of
Blue Ridge Avenue, North 68 degrees 31 minutes 30 seconds East a distance of
202.23 feet to a point at line oflands now or formerly of Fred B. Dapp, Jr. and
Elizabeth S. Dapp, his wife; thence along said last-mentioned lands, South 23
degrees 10 minutes 45 seconds East, a distance of 100.04 feet to the dividing line
between Lot Nos. 5 and 6 on the Plan of Lots referred to hereinafter; thence along
said last-mentioned dividing line, South 68 degrees 31 minutes 30 seconds West, a
distance of205.21 feet to a point at the center line of said Township Road 578;
and thence along said last-mentioned center line, North 21 degrees 28 minutes 30
seconds West, a distance of 100 feet to the point at the intersection of center line
of said Township Road 578 with the southern line of Blue Ridge Avenue, the point
and place of beginning.
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BEING Lot No.6, Section A, on the Revised Plan of Section A of Hillside Farms,
which said plan is recorded in the Office of the Recorder of Deeds in and for
Crnn""l"d eo_, Poo"yl"Mi, i, Plm Book 10, P"" << g .
David A. Baric, Esquire
Dated:
II / I ) tV
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Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES WENTZ,
V.
NO. 2000-
CIVIL
BONNIDENE ZIELONIS,
Defendant.
CIVIL ACTION-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, Peunsylvania 17013
(717) 249-3166
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
JAMES WENTZ,
V.
NO. 2000- 7735
~ Ey";ry
BONNIDENE ZIELONIS,
Defendant.
CIVIL ACTION-EQUITY
COMPLAINT IN PARTITION
NOW, comes the Plaintiff, James Wentz, by and through his attorneys, O'BRlEN, BARlC
& SCHERER, and avers as follows:
1. Plaintiff is James Wentz, an adult individual residing at 290 Old Stonehouse Road,
Carlisle, Cumberland County, Pennsylvania.
2. Defendant is Bonnidene Zielonis, an adult individual residing at 785 Bremer Road,
Dover, York County, Pennsylvania.
3. Plaintiff and Defendant, along with their sister, Patricia Forney, became the record
owners of property known as 10 Cumberland Drive, Mechanicsburg, Cumberland County,
Pennsylvania ("property") by deed dated November 10,1993. A true and correct copy of the
referenced deed is attached hereto as Exhibit A and is incorporated. The real property is
improved with a single family ranch type residential dwelling.
4. As of November 10, 1993, title to the property was as follows: Patricia Forney,
James A. Wentz and Bonnidene Zielonis as tenants in common.
5. On August 23,1995, Patricia Forney a/kJa Patricia Stake, conveyed her interest in
the property to James Wentz and Bonnidene Zielonis. A true and correct copy of the referenced
deed is attached hereto as Exhibit B and is incorporated.
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6.
In connection with the purchase of the property interest from Patricia Forney,
Bounidene Zielonis and James Wentz paid Patricia Forney the sum of $20,000.00 for the interest
acquired. Further, Bonnidene Zielonis and James Wentz borrowed the sum of $28,511.76 from
PNC Bank N.A. in connection with the acquisition of the property interest. This loan was
secured by a mortgage against the property recorded at Record Book 1278, Page 475 et seq. A
true and correct copy of the referenced mortgage is attached hereto as Exhibit C and is
incorporated.
7. Bonnidene Zielonis and James Wentz entered into a note obligation for the
repayment of the loan from PNC BankN.A. at the time of purchase of the interest of Patricia
Forney in the property.
8. The property at issue is described as follows:
ALL THAT CERTAIN tract or lot ofland, situate in Silver Spring
Township, Cumberland County, Pennsylvania, being improved with a
single brick dwelling house, and more particularly bounded and described
as follows:
BEGINNING at a point in the center line of Township Road 578 where the
same intersects with the southern line of Blue Ridge Avenue, said point is
also reference North 21 degrees 28 minutes 30 seconds West, a distance of
680.42 feet from the intersection of the center line of said Township Road
578 with the center line of U.S. Route 11 (the Carlisle-Harrisburg Pike);
thence along the southern line of Blue Ridge Avenue, North 68 degrees 31
minutes 30 seconds East a distance of 202.23 feet toa point at line of lands
now or formerly of Fred B. Dapp, Jr. and Elizabeth S. Dapp, his wife;
thence along said last-mentioned lands, South 23 degrees 10 minutes 45
seconds East, a distance of 100.04 feet to the dividing line between Lot
Nos. 5 and 6 on the Plan of Lots referred to hereinafter; thence along said
last-mentioned dividing line, South 68 degrees 31 minutes 30 seconds
West, a distance of 205 .21 feet to a point at the center line of said
Township Road 578; and thence along said last-mentioned center line,
North 21 degrees 28 minutes 30 seconds West, a distance of 100 feet to
the point at the intersection of center line of said Township Road 578 with
the southern line of Blue Ridge Avenue, the point and place of beginning.
II
BEING Lot No.6, Section A, on the Revised Plan of Section A of Hillside
Farms, which said plan is recorded in the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania, in Plan Book 10, Page 2.
9. The nature and extent of the interest held by each party are as follows:
A. James Wentz - tenant in common one-half interest; and,
B. Bonnidene Zielonis - tenant in common one-half interest.
10. Plaintiff has paid for most of the expenses of the property, including, but not
limited to; making necessary improvements to protect the property, such as roof replacement and
sewer. Further, Plaintiff has used his own equipment and labor to make necessary improvements
to protect the property without compensation therefore.
WHEREFORE, Plaintiff asks this Honorable Court order partition of the property, with
further adjudication under the Pa.R.C.P. 91551 et. seq.
Respectfully submitted,
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David A. Baric, Esquire
LD. # 44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
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VERIFICATION
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! i I verify that the statements made in the foregoing Complaint In Partition are true and
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;! correct to the best of my knowledge, information and belief. This verification is signed by David
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A. Baric, Esquire, Attorney for Plaintiff, and is based upon the statements provided by the
Plaintiff, as well as documents reviewed by the undersigned as attorney for the Plaintiff. This
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verification will be substituted and ratified by a verification signed by the Plaintiff who is presently
unavailable to sign said verification. I undersigned that false statements herein are made subject
to _tito of 18 PaC.s. j4904, reWIDg 10 ~~;~tito.
David A. Baric, Esquire
Dated: III I / r~
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T HIS
I N DEN T U R E
MAllE THE /1) -fJ, day of November, in the year Nineteen
hundred and ninety-three (1993)
BETWEEN
PATRICIA FORNEY, JAMES A. WENTZ, and BONNIDENE
ZIELONIS, Executors of the Last Will and Testament
of JOHN A, WENTZ, JR" late of the Borough of '
Mechanicsburg, Cumberland County, Pennsylvania,
deceased, party of the first part,
:1
Grantors
and
PATRICIA FORNEY, JAMES A, WENTZ, and. BONNIDENE ~
ZIELONIS, as tenants ,in common, of Cumberland ,'1
County, Pennsylvania, of the second part, ~
Grantees ,.
WHJlREAS, John A. Wentz, Jr., died a widower on the 16th day of ,
February, 1993, seized in fee of the hereinafter described real,;
estate, and by his Last will and Testament dated February 2, 1990, ;,
since his death duly proved and remaining of record in the Office '
of the Register of wills in and for Cumberland County, at Carlisle, ,\
Pennsylvania, and filed to Estate No, 21-93-135, and provided,
inter alia, as follows.
~
I give, devise and bequeath all the rest, residue and
remainder of my estate, whatsoever and wheresgever
situate to my children, Patricia Forney, Bonnidene
Zielonis, and James A. Wentz, equally, share and share
alike,
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WHEREAS, Letters Testamentary in the estate of John A. Wentz, Jr.,
deceased, were issued by the Cumberland County Register of wills to
Patricia Forney, James A. Wentz, and Bonnidene Zielonis, on
February 25, 1993, without the requirement that any bond be posted
by them, which Letters Testamentary remain in full force and
effect, and,
WHEREAS, the advertisement of the Grant of Letters to the Executors
have been completed, and
WHEREAS, all of the debts of the decedent of which the Executors
had notice have either been paid or satisfied or assumed by the
beneficiaries, and
~;:lJd\ 36 r!M 382
EHXHIBIT A
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WHEREAS, in furtherance of the directives of the decedent and in
accordance with the provisions of the Probate, Estate and
Fiduciaries Code (20 Pa.C.S.A.) the hereinafter referenced premises
is to be distributed in accordance with the directives of the
decedent, and
WHEREAS, the decedent's wife, Violet M,
decedent on the day of
vesting title in the decedent, and
Wentz, predeceased the
, 19____, thereby
NOW THIS INDENTURE WITNESSETH, that Patricia Forney, James A,
Wentz, and Bonnidene Zielonis, Executors of the Last will and
Testament of John A, Wentz, Jr., deceased, do hereby convey in
distribution to Patricia Forney, James A. Wentz, and Bonnidene
Zielonis( as tenants in common, the following described real estate
as provided for under the Will of John A, Wentz, Jr"
ALL THAT CERTAIN tract or lot of land, situate in Silver Spring
Township, Cumberland County, Pennsylvania, being improved with a
single brick dwelling house, and more particularly bounded and
described as follows:
BEGINNING at a point in the center line of Township Road 578 where
the same intersects with the southern line of Blue Ridge Avenue,
said point is also reference North 21 degrees twenty-eight minutes
thirty seconds West, a distance of six hundred eighty and forty-two
one-hundredths feet from the intersection of the center line of
said Township Road 578 with the center line of U.S, Route 11 (the
Carlisle-Harrisburg Pike); thence along the Southern line of Blue
Ridge Avenue, North sixty-eight degrees thirty-one minutes thirty
seconds East a distance of two hundred two and twenty-three
hundredths feet to a point at line of lands now or formerly of Fred
B. Papp, Jr. and Elizabeth S. Dapp, his wife; thence along said
last-mentioned lands, South twenty-three degrees ten minutes forty-
five seconds East, a distance of one hundred and four one-
hundredths feet to the dividing line between Lots Nos, 5 and 6 on
the Plan of Lots referred to hereinafter; thence along said la~t
mentioned dividing line, south sixty-eight degrees thirty-one
minutes thirty seconds West, a distance of two hundred five and
twenty-one one-hundredths feet to a point at the center line of
said Township Road 578; and thence along said last mentioned center
line, North twenty-one degrees twenty-eight minutes thirty seconds
West, a distance of one hundred feet to the point at the
intersection of center line of said Township Road 578 with the
southern line of Blue Ridge Avenue, the point and place of
BEGINNING,
BOOr. ~ 36 PAGE 383
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BEING Lot No, 6, Section A, on the Revised Plan of Section A of
Hillside Farms, which said plan is recorded in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, in
Plan Book 10, Page 2.
BEING the same premises which pine Road Construction Company
granted and conveyed unto John A. Wentz, Jr" and Violet M. Wentz,
his wife, by Deed dated September 19, 1961, and recorded in the
Office of the Recorder of Deeds in and for Cumberland County,
pennsylvania, in Deed Book H, Volume 20, Page 1163,
TOGETHER with all and singular buildings, ways, waters, water-
courses frights, liberties, privileges, hereditaments and
appurtenances whatsoever thereunto belonging, or in anywise
appertaining, and the reversions and remainders, rents, issues and
profits thereof; and also all the estate, right, title, interest,
use, t~ust, property, possession, claim and demand whatsoever, of
the said John A, Wentz, Jr" at the time of his death, in law,
equity or otherwise howsoever, of, in, to or out of the same.
TO HAvE AND TO BOLD, the said buildings, hereditaments and premises
hereby granted and released, or mentioned and intended so to be,
with the appurtenances, unto the said Grantee, his successors and
assigns, to and for the only proper use and behoof of the said
Grantee, his successors and assigns, forever.
AND, the said Grantor does covenant, promise and agree, to and wish
the said Grantee, his successors and assigns, by'these presents,
that he, the said Grantor, has not done, committed, or knowingly or
willing-Iy suffered to be done or committed, any act, matter or
thing whatsoever whereby the premises hereby granted, or any part
hereof, is, are, shall or may be impeached, charged or encumbered,
in title, charge, estate, or otherwise howsoever.
WITNESS the due execution hereof the day, month and year first
above written.
W~
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PATRICIA FORNEY
Executrix of the Estate of
John A. Wentz, Jr,
(SEAL)
~oo~ kip rl,Gf 384
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JAME A, WENTZ
Exec tor of the Estate of
John A, Wentz, Jr,
~/~t ~id[)nM
BO NIDENE ZIE . S
Executrix of the Estate of
John A. Wentz
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
55
COUNTY OF CUMBERLAND
On this, the Ld!!!... day of MVUnk- ,1996, before me, the
undersigned officer, personally appeared Patricia Forney, in her
individual capacity and as Executrix of the Last will and Testament
of John A. Wentz, Jr., late of the Commonwealth of Pennsylvania,
County of Cumberland, Deceased, known to me (or satisfactorily
proven) to be the person whose name subscribed to the within
instrument, and acknowledged that she executed the same in the
capacity therein stated and for the purpose therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal,
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Public
NOTARIAL SEAL
J<ARBl f. DYERS, NOTARY PUOUC
BORa Of CARliSLE. CUM,aUMO CO~TY
MY COMMISSION EXPIRES. MARCH 18. 1995
Expires:
Address:
My Commission
nOOK ,\36 pm 385
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COMMONWEALTH OF PENNSYLVANIA
55
COUNTY OF CUMBERLAND
On this, the /~ 0 day of MJ/tmb..b- ,199-3, before me, the
undersigned officer, personally appeared James A. Wentz, in his
individual capacity and as Executor of the Last Will and Testament
of John A, Wentz, Jr" late of the Commonwealth of Pennsrly.~nia,
County of Cumberland, Deceased, known to me (or aati;i;lfaclt,9i".j.ly
~roven) to be the person whose name SUbBcribed.:.J~~'t~'~~;r:~~.Jt)i'li;.i)'
~nstrument, and acknowledged that he executed the'r:tiA~ ,... ~~..~1;!:;
capacity therein stated and for the purpose thefiIiWt".. ,'\~;;',~i
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IN WITNESS WHEREOF, I hereunto set my hand an~~~~~~~~ h~:l1~:
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NOTARIAL SEAl
KAREN F. BYERS, NOTARY PUBUC
BORO OF CARLISlE, CUMBERlAND COUNTY
MY COMMISSION EXPIRES MARCH 18, 1995
N tary Public
Address:
My Commission Expire
COMMONWEALTH OF PENNSYLVANIA
ss
COUNTY OF CUMBERLAND
On this, the Ir;~ day of Mv.tmtu.r ,19~.-, before me, the
undersigned officer, personally appeared Bonnidene Zielonis; in her
individual capacity and as Executrix of the Last will and Testament
of John A. Wentz, Jr" late of the Commonwealth of pennsylvania,
County of Cumberland, Deceased, known to me (or sati~f!'.c:.tod,ly.
f?roven) to be the person whose name subscribe~; .t,~.'j.l~~~ri~.~~-IJ.)..~.~:;~~;'
l.nstr\;ment, an~ acknowledged that she executed:~~W'~~ . . ~;tr~~'~~I~~i\'i
capacJ.ty thereJ.n stated and for the purpose the""" "~9:'-I.\:-?",;j~"
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IN WITNESS WBE~OF, I hereunto set my hand and ~r' ~.)c~.}~~t~~fJ.~?:r
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Public
My conunission
NOTARIAL SEAL
IWIEN F. BYERS. NOTARY PUBUC
BORO OF CARUSLE, CUMBERLAND COUNTY
MY COMMISSION EXPIRES W,~rI11 n. 1 sns
Expires: __4M'_____"__. ..-~-..I
Address:
Boor.Kp!3 f'AGE386
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I do hereby certify that the precise residence and c~mplete post
office address f he within named Grantees is /11 f'll~v"I'^/ D....
VI . Y'
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~\j<V\\o('\R-6.
ss
RECORDED on this Co day of Dk'C--
l~, in the Recorder's Office of said County, in Deed Book t\--'
Volume ~Co , page~.
given under my hand and the seal of the said office, the date above
written.
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Recorder
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RECORDER'S USE ONlY
Slor.lo.I'<oid
COMMONWEALTH Of PENNS'tLVANIA
OEPAR1MENT Of REVENUE
BUREAU Of INDIVIDUAL TAXES
OEPT.280603 OOlt R.Cll"
HARftlnURG, PA 17128.0603 See Reverse lor Instructions <.
Complete each seclion and llIe in duplicale wilh Recorder t1f Deeds when II) Ihe full value/consideration!, no~ sellorth in th~ deed, (21......hen the deed
is withoul ~onsideralion, or by gift, or 13) a lalt 8ltl:lmplion is claimed. A SIl:Jlemenl of Value Is nol re~~lred If Ihe Iransfer IS wholly uempllrom 10l(
based on: (I) family relationship or (2) public: ulility easemen!. If more spoce is needed. ollac:h ad~lllonol sheeltsl,
REALTY TRANSFER TAX
STATEMENT OF VALUE
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A CORRESPONDENT. All Inquiries mllY be directed 10 Ihe following person:'; _' ",C. ,.
v Jrk
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Telephone Number:
^,OO Cod. I t /7-
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2. n 'Vi 'tv
Zip Cod
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I. Actuol Clnh t;on,ideration
4. Counly Auened Value
+
5. Common leve Ralio Faclor
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10. Amount 01 Exempllon Cloimed
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lb. Plircenloge ollnlere" Conveyed
2. Check Appropriale 80x Below for E)(~t1i Claimed
~ Will or inleslate succession ..J 00- H, lv( r-rJ'\ .J,b-
(Nom~id.nll
o TraMfer to Industrial Developmenl Agency.
o Transfer'o 0 InUI. 'Allod. complelEl copy of 'nul ogroement idenlifying 0/1 bEln61idarief.j
o Tron~ler b.tween principal and ag~m'. IAlloch complete copy of agency/slrow porI>, agreement)
o
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lhrol. fil.Numb.,\
Transfer! 10 Ihe Commonwealth, !he Unihtd Sloles ond tn$lrumenlalilies by gift, dedication, condernnollon or in lieu of COlldemholion.
(If condemnolion or in lieu C)f condemnotion, ouach copy of resolulion.)
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Transfer from morlgagor to a holder of 0 mortgage in derauh. Mortgage Baole Number
_ , Page Number ___________ .
Corrective or confirmalory deed. {Alloch complele copy of Ihe prior deed being corrected or confirmed.'
Slolulory (olporole (OmoJjdolJon, merger or dlvblon. IAlloch copy of artides.)
Olher IPlease el(ptoin exemplion claimed, if olher ,hon H\led above.)
I declare thot I have uamined this Slalement, Including accompanylnlllnformallon, and 10 tho best 0' my knowledge
t ned and complele.
.nt nd . Po,ly
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FAILURE TO COMPLETE THIS FORM PROPEIlLY 011 ATTACH APPLICABLE DOCUMENTATION MAY RESUL~-;.ECOIlDER'S REFUSAL
TO RECORD THE DEED. fO-OKI\ 36 PAGE 388
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tit JOin, (Jrd..7J./
Tax Parcel No. j'l--I'/uo..,'i _1.- '/
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~3J~ 1!l~~1.9
.~:3 rJ day of I/Lt 1lU-f
Hundred and nine~y-five
, in the year Nineteen
(1995) .
iBttblttn
PATRICIA STAKE, a/k/a PATRICIA FORNEY, and BENSON STAKE,
her husband, JAMES A. WENTZ, and BONNIDENE Z IELONIS ,
a/k/a BONNIDENE L. ZIELONIS, Cumberland County,
Pennsylvania,
Grantors
anb
JAMES A. WENTZ and BONNIDENE L. ZIELONIS, as tenants in
common, of Cumberland County, Pennsylvania,
Grantees
llIi!Iihlts's'ttfJ. that in consideration of ONE and 00/100 DOLLARS ($1.00),
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, ,.,'
.'
~ll THA~ CERTAIN tract or lot of land, situate in Silver Spring
township, Cumberland County, Pennsylvania, being improved with a
single brick dwelling house, and more particularly bounded and
described as follows: .
;mU3Jjlfflj}~ at a point in the center line of Township Road 578 where
the same intersects with the southern line of Blue Ridge Avenue,
said point is also reference North 21 degrees twenty-eight minutes
thirty seconds West, a distance of six hundred eighty and forty-two
one-hund~edths feet from the intersection of the center line of
said Township Road 578 with the center line of U.S. Route 11 (the
Carlisle~Harrisburg Pike); thence along the Southern line of Blue
Ridge Avenue, North sixty-eight degrees thirty-one minutes thirty
seconds East a distance of two hundred two and twenty-three
~hundredths feet to. a point at line of lands now or formerly of Fred
B, Dapp, Jr. and Elizabeth S. Dapp, his wife; thence along said
last-mentioned lands, South twenty-three degrees ten minutes forty-
five seconds East, a distance of one hundred and four one-
hundredths feet to the dividing line between Lot Nos. 5 and 6 on
the Plan of Lots referred to hereinafter; thence along said 1ast-
mentioned dividing line, south sixty-eight degrees thirty-one
~OOK 127 f/,GE 117
EXHIBIT B
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minutes thirty seconds West, a distance of two hundred five and
twenty-one one-hundredths feet to a point at the center line of
said Township Road 578; and thence along said last mentioned center
line, North twenty-one degrees twenty-eight minutes thirty seconds
West, a distance of one hundred feet to the point at the
intersection of center line of said Township Road 578 with the
southern line of Blue Ridge Avenue, the point and place of
BEGINNING.
~~ Lot No.6, Section A, on the Revised Plan of Section A of
Hillside Farms, which said plan is recorded in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania, in
Plan Book 10, Page 2.
"
~~~ the same premises which Patricia Forney, Jam~s A. Wentz,
and Bonnidene Zielonis, Executors of the Last Will and Testament of
John A, Wentz, Jr., by Deed dated September 10, 1993, and recorded
in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Deed Book R, Volume 36, Page 382, granted
and conveyed unto Patricia Forney, 'James A. Wentz, Bonnidene
Zielonis, Grantors herein. Benson Stake joins in this conveyance
by virtue of his marriage to Patricia Stake, a/k/ a Patricia Forney,
to relinquish any rights, title and interest he has in the
premises,
~3li> is a tax-exempt transfer between brother, sisters, and
brother-in-law.
BOOK 127 fAGE i:t 8
.'"'~~ '-~
~nb~e~~ Grantors hereby covenant and agree that they will warrant
specially the property hereby conveyed.
3Jn ~ltnt.mt ~bmor. said Grantors have hereunto set their hands and
seals the day and year first above written.
mvrjl~
i(jat1J~; A. hrf/711=
PATRICIA FORNEY
c~iiue~ .Jt44,
P TRICIA STAKE
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BENSON STAKE
$fr,rt-.. , .? A
J ESA. WENTZ
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B NIDENE ZIELO IS
~~d 0U i .~iQ//))1.l~
B NNIDENE L. ZIELON S
ItDmmDnlDullb of .Ilennqlb4ld.
II
ItDnntp of ltumbtrl4nb
?r"'- ./.1.-1-
On this, the ~1.Y day of 1i1klj 14.1 I , 1995, before me, the
undersigned officer, personally"" appeared Patricia Stake, a/k/a
Patricia Forney, and Benson Stake, known to me (or satisfactorily
proven) to be the persons whose names are subscribed to the within
instrument, and acknowledged that they executed the same for the
purpose therein contained.
.'
aooK 127 rACE .119
'1""
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lIn iIIline... iIIlbmo!, I have hereunto set my hand and notarial seal.
..
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Notary Public
Nolarial Seal
Karen F. BYlmi, Notary PubUc
Carlisle Bora. Cumberland County
My Commission F._pires March 18. 1999
ltonnnonbl..ltfJ o! .tlollll>'Pll1ml.
55
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On this, the ~.::> day of nil!. ~'lJ , 1995, before me, the
undersigned officer, personally peared James A. Wentz, known to
me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, and acknowledged that he
executed the same for the purpose therein contained.
3In ~ilm55 ~bmof, I have hereunto set my hand and notarial seal.
~~,-r
N tary Public
'xJf. li (
;/
Nolarlal Seal
Karon F.,Byers. Notary Public
Carlisle Boro, Cumberland County
My Commigsion ~)CpJrG$ March 18. 1999
((ommonlDe.ltfJ of .lilel1l1lll'lbani.
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On this, the ~:.,) 3 day of "fTt-~t4J , 1995, before me, the
undersigned officer, personally peared Bonnidene Zielonis, a/k/a
Bonnidene L. Zielonis, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument, and
acknowledged that she executed the same for the purpose therein
contained.
3111 ~ihlt55 iIIiIlbmof, I have hereunto set my hand and notarial seal.
.-'.1..
w<:7.
Public
Nolnrial Seal
I<~ren F. Byers. Notary Public
CarlIsle Boro, Cumberland County
My Commission Expires March 18. 1999
BOOK 127 FACt 120
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MORT~AGE
(Closed. End)
'THIS MQRTGAGE is made on August 10, ,19 95 .The~ortgagoris Bonnidene L. Zielonis & James A. Wentz
If there is more thanane, the 'NOrd "Mortgagor" herein refers to each and all ~ftllem. The Mortgagee is PNC Bank. NA
The word "eorrower" means Bonnidene L. Zielonis and Jam~s A. Wentz
If there;s more than one, the word "Borrower" herein refers to each and all of them.
Bollower owes Mortjfagee Ihesum of Twenty eight thousanc;l five hundred eleven and*****76/100 Dollar'
(U.S. $ 2 B . 511. 7 (. ). This debt is evidenced by Borrower's written ~obligatlon (referred to herein as the "Note"), dated
This Mortgage secures to Mortgagee: (a) the repayment of the debt evlde'nced by the Note, with interest a~d other charges as provided the rei!"; (b) thl
payment of all other sums, with interest thereon, advanced hereunder for the: p~yment of t~xes. assessments, ",!alntenance charges, .Insura!"ce pr~mlums ani
costs incurred to protect the security of this Mortgage; (c) the payment of all of Mortgagee scosts of collection, mcludlng. cos~s of,sul! and. If permItted by law
reasonabfe attorneys' fees and expenses, if suit is filed or other action is taken to collect tile sums owing or ~o protect the secur/tyot thIs Mortgage; {d) paymell
of any refinancin., substitution, extension, modilication, and/or renewal of ~ny of said Indebtedness, Interest, charges. costs and expens~s; and (e) Ihl
performance of MortgaJor's and/or Borrower'scovenants and agreements under this Mortgage and the Note; (f) the repayment of the: debt eVIdenced by an~
note or agreement whicn was refinanced by the Note to the extent that such de~t isowed to Mortgagee and has nol been paid. Forthis purpose, Mortgagor doe'
hereby mortgage, grant and convey to Mortgagee'the following described 'property, together with all improvements now or hereafter erecled, and al
'easements. rights and appurtenances thereon, located at and known as:
PLEASE SEE ATTACHED SCHEDULE:lfA"
,
The word "Property" herein shall mean alt of the foregoing mortgaged property,
To have and to hold the Property unto the Mortgagee, its successors and a~signs, forever. Provided, however, that if Mortgagor and/or Borrowershall pay tl
Mortgagee the said debt,lnterest, and all other sums, and perform all covenants and agreements secured hereby, then this Mortgage and the estate conveye(
by it shall terminate and become void.
Warranty 01 Titla, Mortgagor warrants and represents to Mortgagee that: (~) Mortgagor Is the sole owner of the Property, and has the right to mortgage am
convey the Property; (b) the Property is unencumbered except for encumbrances now recorded: and (c) Mortgagor will defend the tiUe to the Property againsl
all claims and demCJnds except encumbrances now recorded. I
Covenants. Mortgagor promises and agrees as follows:
1. Mortgagor will maintain the Property in good order and repair.
2. Mortgagor will comply with all laws respecting the ownership and/of use of the Property.
3. If the Property is part of a condominium or planned unit development, Mortgagor will comply with all by.laws, regulations and restrictions of recore!
4. Mortgagor will pay and/or perform all Obligations under any mortga~e, Hen, or securIty agreement which has priority over this Mortgage.
5, Morlgagorwill pay arcause to be paid alllaxes and olhercharges ass~ssed or levied on the Property when due and. upon Bank's request, will deliver I,
Bank receipts showing the payment of such charges.
6. Mortgagor will pay for and maintain insurance coverage against 10iS of or damage to the Property In such form and amount as Mortgagee ma\
reasonably require, until the Note Is paid and the Mortgage is satisfied. Mort agee'shall be named as addjtional insured and loss-payee/mortgagee under,
standard mortgagee clause Included in such policies. Mortgagor shall deliver, 0 Mortgagee a copyof the insurance polley, renewals. and evidenceofpaymerfl
upon Mortgagee's request. Mortgagor gives Mortgagee the right to sign Mortga',gor's nameon any check or draft from an insurance company. This Is limited to;
check or draft in payment of retumed premiums or benefits under insurance covering the Property, This means that Mortgagor appoints Mortgagee a!
attorney-in-fact for Mortgagor with full power to endorse checks or drafts un~r this section.
7. If Mortgagor falls to perform any duty or obligation required by thes covenants, Mortgagee may. at its sole OPtion, advance such sums as it deem'
necessary to protect the Property and/or its rights in the Propertyand undert is Mortgage, Mottsagoragrees torepay Mortgaceesuchamounts, with interes
thereon, upon demand, and agrees that such amounts shall be added to the amounts secured by this Mortgage and due under the Note,
8. Any Interest payable to Mortgagee after a judgment is entered or on additional sums advanced shall be at the rate provided for in the Note.
9. Mortgagee may make reasonable entries upon and inspections of tije Property after giving Mortgagor prior notice of any such inspection, .
10, Mortgagor will not sell, lease, transfer ownerShip In, or enter into an' Installment sale contract for the sale of all or any part of the Property.
11. The promises. agreements and rights Inthis Mortgage shall be bindina: upon an.d benefit anyone to whom the Property orthisM011lage is transferred
If more than one Mortgagor signs this Mortsage, each and all of them are bQund Individually and together.
Escrows. If requested by M. ortgagee, Mortgagorwlll pay to Mortgagee eac~ month an amount equal to 1/12 of the yearly taxes and assessments (includint
condominium and ground unit assessments, If any) which maybegiven prlo~ty()verthis Mortgage plus, 1/120ftheyearly premium for properly insurance 01'
thl! Property. Mortgagor shall not have to make these payments to Mortgag~e to the extent that Mortgagor makes them to the holder of a prior mortgage.
Default, Mortgagor will be In default under this Mortgage: (a) If there IS a default under the Note; (b) if Mortgagor breaks any promise made In thi~
Mortgage; (c) if any Mortgagordles; (d) ifanyothercreditortrles to take the Pfoperty by legal process; (e) if any Mortgagorfiles bankruptcy or If anyone files al
involuntary bankruptcy against any Mortgagor, (f) if any tax lien or levy is filed br made against any MortgagQror the Property; (g) if any Mortgagor has made anI
false statement In this Mortgage; or (h) if the Property is deslroy.w, or se;zef1 or condemned by federal, state or local government
Mortgagee's Remedies. Unless prohibited by law, if Mortgagor Is In default under this Mortgage, Mortgagee may, at its option. after notice reqUired by law
declare due and payable theantire unpaid balance of the sums which are secu~ed by this Mortgage and owing upon IheAgreement.1f Mortgagee so declares sud
enlire balance due and payable, Mortgagee may take possession of the prape,rty, collect any and all rents, apply said rents to the indebtedness secured by Ihi.
Mortgage, foreclose the Mortgage, or take other aclion upon the Mortgage as ~rmitted or provided by lawto collect the balance owing. If a mortgage foreclosurl
action or any other action on this Mortgage is filed by Mortgagee, and/or if Mortgagee takes any action to protect or enforce its interest in any court, includim
Bankruptcy.Court, Mortgagor agrees to pay to Mo~agee 8;11 expenses and. co~ts of such action, including, if permitted by law, reasonable attorneys' lees.
Remedies Cumulative. If any circumstance eXlsls which would permIt ~ortgagee to accelerate the balance, Mortgagee may take such action at any tim,
during which such circumstances contintJes to exist. Mortgagee's remedJes; under this Mortgage shall be cumulative and not alternative.
Delay In Enforcement. Mortgagee can delay In enforcing a"y of its righls under this Mortgage or the Agreement without losing that right. Any waiver b'
Mortgagee of any provision of this Mortgage or the Agreement will not be a 'fiaiver of the same or any other provision on any other occas.ion
Assianment. Mortgagee may seU, transfer or assign this. Mortgage withqut Mortgagors' consent. .
Severability. If an ovision of this Mortgage is held to be invalid orunerlforceable, such determination shall not affect the validity or enforceability of Ih,
remaining provls' s of t is Mortgage.
WITNES e sl - of t gage 0 the dale set forth above, inte~ding to be legally bound
h Mortg,gO'~r1;l;dh",lJ/;.bIL'~
,...)~'
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MortgagOr_ ......... p /'1 .......... ~ __
bOUK 1278 ,ALt
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EXHIBIT C
:
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ACKNOWLEDGMENT
:QMMQNWEAlTH OF PENNSYLVANIA )
I ) SS:
:OUNTY OF C. llrn b../..<, }" '7l C! ) >"'> \\@:::~,,:.,
,'...."" ..............: I
n?I-J .1L.. f G.; .< C) ..~:;;,1.1~.:;~t_.
On this eX':::> day of 71lA ~ UJ , 19....z::.:., before me, :i 'lll:::-" "t." ..:-:<i':'~.\
l1e undersigned officer (who certifies {hat he/she i~ not an office~or 1i!!ctor of : ~ '~....~ , . ~~! :-'~, _:
.ersonallyappeared 14 t L. /-i";"" 1.1 a ~. h ~ ~: ~1 ~"Io.':(~nPWiittf~t,
or satisfactorily proven) to be the person(s) whose name(s) is (are) subscribed tothewllhln instrument and acknowfedged that he/sb(tttle:~t!~\lj~llrt!~ame .
or the purposes therein contained. '.. 9} ......:.....~~ .....!.~.
InWitnessWhereof,1 hereunder set my hand and official seal. u~...-4- 4 ....~,~~~~~t~~,.
NolarlalSeal Signature ~ J. ~ JAJi/ .....illl,~t~:....
Karen F. Byers, Notary Public ~ f2t.. I
Carlisle Boto. Cumberland County .M
My CommissIon Expires March 18, f999 Title 7A ~c..,..
AFFIDAVIT OF SUBSCRIBING WITNESS
[Do not use if Mortgagor(s) acknowledged the Mortgage. Affidavit must be taken In county where Property is located.]
Before me, a notary public (who certifies that he/she is not ,In officer or director of ).
lersonallyappeared , the SUbscribing wItness to the within Mortgage, who being duly sworn according to law, depose
tnd says that he/she was personally present at the execution of said Mortiage, saw the within named Mortgagor(s)
md sign as his/her/their act and deed, and deliver
,aid Mortgage for the purposes therein set forth; and that the name of this deponent affixed thereto as subscribing witness is of deponenfs own proper handwriting.
SUbscrlbmg WItness
';worn !o and subscribed before me this
day of
,19_.
'iotary Public
Scott F, Goodlin
CERTIFICATE OF RESIDENCE
I, ,do hereby certil'y that Mortgagee's precise residence is
PNC Consumer Lending. 2730 Liberty Ave.. Pittsburgh, PA 15222
~L(
Agent for Mortgagee
:OMMONWEAlTH OF PENNSYLVANIA )
(\ I I ) SS:
:OUNTYOF \..A..VYY\~~~d )
'lECORO;Bi' Ol~ r edayof , 9 5 ,in the Office o!the Reco'derof Deed, in and lor said County, in Mortgage Book
Volume ,page~. ..L7 g...c~
NfTNESS y a dandth;:e~IOl"aidofflcefhedaYandyaaralo"'~~ 7- /'it
Recorder
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SCHEDULE A
all THAT CERTAIN tract or lot of land, situate in silver Spring
township, Cumberland County, Pennsylvania, being improved with a
single brick dwelling house, and more particularly bounded and
described as follows:
18~~ at a point in the center line of Township Road 578 where
the sarne intersects with the southern line of Blue Ridge Avenue,
said point is also reference North 21 degrees twenty-eight minutes
thirty seoonds West, a distance of six hundred eighty and forty-two
one-hundredths feet from the intersection of the center line of
said Township Road 578 with the center line of U.S. Route 11 (t~e
Carlisle-Harrisburg Pike) 1 thence along the Southern line of Blue
Ridge Avenue, North sixty-eight degrees thirty-one minutes thirty
seconds East a distance of two hundred two and twenty-three
hundredths feet to a point at line of lands now or formerly of Fred
B. Dapp, Jr. and Elizabeth S. Dapp, his wife; thence along said
last-mentioned lands, South twenty-three degrees ten minutes forty-
five seconds East, a distance of one hundred and four ooe-
hundredths feet to the dividing line between Lot Nos. 5 and 6 on
the Plan of Lots referred to hereinafter; thence along said last-
mentioned dividing lille, south sixty-eight degrees thirty-one
minutes thirty seconds West, a distance of two hundred five and
twenty-one one-hundredths feet to a point at the center line of
said Township Road 5781 and thence along said last mentioned center
line, North twenty-one degrees twenty-eight minutes thirty seconds
West, a distance of ane hundred feet to the point at the
intersection of center line of said Township Road 578 with the
southern line of Blue Ridge Avenue, the point and place of
BEGINNING,
~~~ Lot NO.6, section A, on the Revised Plan of section A of
Hillside Farms, which said plan is recorded in the Office of the
Recorder of' Deeds in and for Cumberland County, Pennsylvania, in
Plan Book 10, Page 2,
aoo"K1278 PAGE 477
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PRAECIPE FOR LISTTh'G CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
(EQUITY) ,,\
fEb Ii li '-"~
TO TIfE PROTHONOTARY/OF CU:\IBERLAND COCNTY
Please list the foilowing ~:ise;
(C;,e~k one)
o (;)
c::- _ C-i
(X) for trial without a jury. 'l~ 71",'
--------------------------------------------------------~J7 -~--~~~--
w""~' J . J~~T;
;:$ ~:. Cl _ J ~.,__'
kC:; ':'::;(~j
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( ) Assumpsit ~:::>?B
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(
)
for Jl:RY tri:li at the next term of civil court.
CAP'fION OF CASE
(entire caption must be stated in full)
(check one)
( ) Trespass
( ) Trespass (~10 tor Vehicle)
JAMES WENTZ,
( X )
PARTITION
(other)
(Plaintifi)
vs.
(Defendant)
Pretrials will be
(Briefs are due 5
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. )
held
days
on
before
BONNIDENE ZIELONIS,
"
'IS. .
No. 7735
Civil TERM
19X: 2000
Indicate the attorney who will try case for the party who mes ~~is praecipe: David A. Baric, Esq.
O'Brien, Baric & Scherer, 17 West South Street, Carlisle, PA 17013
Indicate tri:li counsel for other parties if known: Richard K. Konkel, Esquire
102 East King Street, York, PA 17403
This '::lSe is ready for tr1:U.
"~.d ~ t? tf .
Date:
J /'l7- / t!1
Print :\ame: David A. Ba ri,..
Plaintiff
Attorney :"or:
,~
"" I
1 ~
~ -
~ ~"'
JAMES WENTZ,
Plaintiff,
V.
BONNIDENE ZIELONIS,
Defendant.
_i
I
,
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i
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
NO. 2000- 7735 EQUITY
CIVIL ACTION-EQUITY
PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION
Please attach the following Substitute Verification to the Complaint In Partition filed in
this matter on November 1, 2000.
Date:
II /1 J If7}
, I
dab.dir/Iitigation/wentz/snbstitnte.pra
Respectfully submitted,
~vt:
O'BRIEN, BARIC &
David A. Baric, Esquire
I.D. #44853
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
~
I
,I
VERIFICATION
I, James Wentz, verifY that the statements made in the foregoing Complaint In Partition are
true and correct to the best of my knowledge, information and belief.
I hereby ratifY the verification previously supplied by my attorney, David A. Baric, Esquire
and execute this verification as a substituted verification.
I understand that false statements h;rein are made subjectto the penalties ofl8 Pa.C. S. g4904
relating to unsworn falsifications to authorities.
Date: IJ / Ow /00
I
L ~ (J-e.-~
~ Jai;1es Wentz
n
,
CERTIFICATE OF SERVICE
I hereby certify that on November~, 2000, I, David A. Baric, Esquire of O'Brien, Baric
& Scherer, did serve a copy of the Praecipe To Substitute Verification, by first class u.S. mail,
postage prepaid, to the party listed below, as follows:
Bonnidene Zielonis
785 Bremer Road
Dover, Pennsylvania 17315
Richard K. Konkel, Esquire
102 East King Street
York, Pennsylvania 17403
~vt
David A. Baric, Esquire
'r ' ,~ ~"""i"
SHERIFF'S RETURN - OUT OF COUNTY
t
CASE NO: 2000-07735 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
f..1 '
WENTZ JAMES
VS
ZIELONIS BONNIDENE
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
ZIELONIS BONNIDENE
but was unable to locate Her
in his bailiwick. He therefore
deputized the sheriff of YORK
County, Pennsylvania, to
serve the within COMPLAINT - EQUITY
On November 21st , 2000 , this office was in receipt of the
attached return from YORK
Sheriff's Costs:
Docketing
Out of County
Surcharge
DEP. YORK CO
18.00
9.00
10.00
33.00
.00
70.00
11/21/2000
O'BRIEN, BARIC
~~
R. r Thomas KI ine
Sheriff of Cumberland County
& SCHERER
Sworn and subscribed to before me
thi s / ~
day of ~
,,)&v-O A.D.
~anvf,.) ~
Prothonotar
I-""'~-""T .
-I
-
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-
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... COUNTY OF YORK
........"."......,, . .
OFFICE OF THE SHERIFF
. .2$J;AsT MARKJOT ST., 'fORK, PA 17401
SERVICE CALL
(717) 771-9601
SHERIFF SERVICE
PROCESS RECEIPT, and AFFID.AVIT OF., RETURN
'xli.Xlx
4, TYPE OF WRIT OR COMPlAINT
equit
1. PLAINTIFFISI
,James Wentz
3. DEFENDANT/Sf
BonnicJene Zie1,onis Notice & Comp/Equity
SERVE.{ 5. NAME OF INOIVIDUAL COMPANY, CORPORATION, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEviED, ATTACHED, OR SOLD.
.. BonnicJene Zielonis
6. ADDRESS (STREET OR AFO WITH BOX NUMBER. APT. NO" CITY. BORO. rnp., STAlE f-ND ZIP CODE
AT 7B~ Bremer Rd Dover PA17:>1.S
7.INDlCATESE,RVICE: QpERSONAL o PERSON INCHAAGE 'DEPUTIZE Ct1~!ili.11*ttld .q,1STCLASSMAlL o POSTED OOTHE~
NOW .. 1 '. ! 1 ! 0 0 , 20 _ I, SHERiFF OF~ COUNTY, PA,<,do hereby deputize the sheriff of
.Ynrk. . . COUNTY to execute~p makereturp;J according
to law. Th,s deputat,on being made at the request and risk of the plaintiff. .'7" ~"-,,,,,,~,4~,, f" ',' ,~
~ SHERtFF OE"
8, SPECIAL IN8.TRUCTJONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE;
ADVANCED FEE PAID BY
CUMBERLAND CO. SHERIFF
:pur OF. COUNTY
,C;.UMBERLAND
NOTE ONLY APPUCABLE ON WAIT OF EXECUTION: N.B. WAIVER OF WATCHMAN. Any deputy sheriff levying upon or attaching any property under within writ may leave same
without a watchman, in cuStcldy. of whomever is found in possession. after notifying perS'on of levy or attachment, without liability on the part ,of su'Ch deputy or the sheriff to any plaintiff
herein for any loss, destruction, or removal of any property before sheriffs sale thereof. ,.:. " ,
9. TYPE NAM~ ~D ADDRESS of ATTORNEY f ORIGINATOR and SIGNATURE ,: 100 TELEfHONE NUMBE'R 11. DATE FILED
DAVID A, BARIC, ESQ, 17 W. SOUTH ST. CARLISLE, PA 17013 249-6873 11-1-00
.
t 2.0 SEND NOTICE OF SERVICE COPY NAME AND ADDRESS BELOW: (ThiS area mLlst be completed if notIce IS to be mailed),
CUMBERLAND COUNTY SHERIFF
. ',':,:'$PACE,SELOW,FO,BUSEOF"TflE,.SHEBIFF,""DO.':.N.O:T'WRI.T,E.SELOW,THIS..LlNE":"'...
13.1 acknowledge receipt of the writ 14. DATE REC1;:IVED 15. Expiration/Hearing Date
or complaint as indicated above. 11--3";:00 .12....1....00
16. HOW SERVED: PERSONAL (
RESIDENCE
POSTED ( )
POEt )
SHERIFF'S OFF (
OTHER (
SEE REMARKS
lot.
efun
40. Cost Due or Refund
16TH
44. Signature..ol
Dep.' She"riff
45, Signature of York
County Sheriff
WILLI.AN N. HOSE:
46, Sigrrature of Foreign
County Sheriff
RN SIGNATURE
, .,
<r?J~ ~':.~~ _
42, day of
11/16/00
49. DATE
51. DATE RECEIVED
1. WHITE. Issuing Authority 2, PINK. Attorney S. CANARY. Sheriff's Office 4. BLUE - Sheriff's Office
-~-,---
-,-:..
'~
~,;
"-:"~)f;",!'" . __ ~--~~" -,
~'t~'" ""COUNTY OF YORK
OFFTCEOF THE'SHERIFF~'
>'~W 28 EAST MAJ'(KE1:,ST.. YORK,f'A 1740'1 .
._h ,,,"" _ _:'l'i '_ --.Jf,r.;........ ..,___.,' '_.;
SERVICE CALL
(717) 771-9601
.. '
. -'
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~ '-,' -",-.._:;~ "7'~'~' , - . -- _ .'~~--:.::, - :-.-- ' :' J '
'" SHEJDFF SERVIcE '
P!OCESS RECEIPT, and AFFIDAVIT OF RETURN
C',. ___"'__. ...._ ~_: ...
, .' .'.'" INSTRUCTIONS'
PLEASE TY'PE~ONLY LINE 1 TO 12
DO NOT DET~CH ANY COPIES
1. PLAINTIFF7~{
Ja~ Wen tZ
3. DEFENDAfij"lSI
Bon~i de;ie ~-7. i.e '1 0n 1..5 &
~VE :{' 5. N~:,~: ~N~~':~: CO;;:~ ~~:::RATiON, ETC. TO SERVE OR DESCRIPTION OF PROPERTY TO BE LEVIED, ATTACHED, OR SOLD.
..".. 6. ADDRESS {STREET OR RFO WTff--n:lox NUMBeR, APT. NO., CITY, BORG, TWp., STATE AND ZlP CODE
AT ,"- ..., ,> F :-,p."'!"a-...... Prl. f!0',JPT' ~ A 1 "l31 ~,
7. It;Jo.JCATE Ft:Vlq~:. 0 PERSONAL 0 P,ERSON IN CHARGE- i(DEPUTIZE: ....l.l.,.Q!-GE~r.MAJ1:, _~ 0 1ST CLASS MAlL 0 POSTED 0 OTHER
.NOW . . '.- " t ','e;~O; . 1, stiERfFFOF 'Y'PRK COUN~PA, do'hereby deputize the sheriff of
~""..;:.:: '.'..' ,':._"":~!:.J~_;~: =--;;~:;Y"COUNTY to .ete'\:ute this Writ and mak'e return thereof according
t<;>law. this aeputation being made at therequesl"affd' risk of theplaintiff, ' .' .' - "
. ';-ii;,_- __ ,', - -"__';-.':'_" -. '"Sf--fEHfi='F"'crF\1;:lliK..WUNlY
8. SPFCIAL r.t~~T!1UCT[bNS OR OTHER INFORMATION l'HAiWHr: ASSfST IN EXPEDnlNG' S1fuVlc-E: "::":,
(: t,....,;- - r~.
2. COURT NUMBER
x - Jii-.)( ~):...: _,';.}. "
4. TYPE OF WRIT OR COMPLAINT
:Fi
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t.;,,-
-'-c~;-,u~ . OF CaVfJTV
, -".-;1,' - .
~tO!:lBERLA1!!)
-i!!~
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'~"-''',"~=''-",,,.,,,,",,,,-
~ANCEO FEE PAID BY A, Cur"BERLAND co. SHERIFF
NqTe ONLy~ApPl.JCAaLE ON WRIT OF EXECUTION: N.s. wAiVER OF'WATCkMAN - Any de'puty sMerifflevying upon orattac/"lin-g'an.yWoperty unde(W11hin writ may leave same
wjfl")Out ~ watpliJnan, in custody of whomever is found in possS'ssion-. affer' notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff
~~" herein (or anY.19~s, destruction, or removal of any property befOre sheriff's sale thereof.
9. TYPE NAMJ; AND ADDRESS of ATTORNEY/ O~r(3INAJOR -and SIGNATlJRE' ' - - '- 10. TELEPHONE NUMBER
. '. !VID A. BARIC, ESQ, 17W~}?~r!JST: C;~RL~E~!?,~~/"'-'-C1--
12. SEND NO,JICE OF SERVIC~ COPY NAME AND ADDR~,S a~:~(l"his area must_~e 6o'mpleted if notice is to be maned).
iMBEilL';NI1 ,CDUNTY SHERIFF ,..:: .'., C".;-' , . '" .',
.. , "..\I\l&JiACE DECO' 'oft' (jSEOFtH~sHER1FF . DO NOT WR'ITEBELO;,irTHI$ LINE
,13. I acknowloogerecelp! of the writ j,'~t. ":':- 14. DATE RECEIVED
or compl~ as indicated above. 11- 3-:' r'
"-
16. HOW S~~VED: PERSONAL (~........ RESIDENCE(.i,r- POSTED ( ) POE ( ) SHERIFF'S OFF ( '''OTHER (
17. 0 I here~~rtify and return a NOT FOUND because' I am unable- to locatE," tile indiVidiJar,- Cdm'---pahY, etc. named above. (See remarks below.)
16. NAME AJ'JD TITLE OF ,INDIVIDUAL SERVED / LIST AOD"RESS HERE IF NOT SHOWN ~BOVE (Relationship to Defendant) 19. Da~e of Setyice
, / ll." ~'I'" . '. . '
X(/'"' .';LJ!,)I :'"'" Le I.n D ,,::L, : ,,':, ':>.,.J'.......,': , ,,} "..^',..".
21. ATTEMP1\3 Pafe Tim!3 t.jjh~_s loOt., Date Time Miles Int. Dale Time Miles Int. Date Time Miles .Int.
.. ....-;< 'HIi, .,-,:,( I
, ~. ;;t.; I/.!! .-,."
22. REMAR~ r f
.-'-~
11. DATE FILED
-,;:;:
'i~
15. Expiration/Hearing Date
SEE REMARKS
Int.
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23. Advancet"osts
?t.
t'nl'l",){'
...l....'Li> '
34. ForelSrl g'ounty Costs
...'
'-W'o
40. Cost Due or Refund
aQ,.
-~ , '-
41. AFFIRMED and subscribed to before me this
, emu
44. Signature of
Dep. Sheriff
45. Signature of York
County Sheriff
47. DATE
~.
20 ...... t~ 43.
, ,- - PROTtlO I NOTARY
48. DAT~________
,"...
42. day of ,'-'
.f /I~;;'~ I 'j,-, / ">/ 4<;__//."~:~~" 46.~~~atu~~e';~:orelgn
50.1 ACKNOW OGE RECEIPT OF THE SHER1F~ RETURf\l'SIGNATURE
_o.F AUrH'QRIZED ISSUING AUTHORITY AND TITLE -
,1. WHITE -~uing Authority 2. PINK. Attorney 3. CANARY. Sheriff's Office 4. BLUE. Sheriff's Office"
;1~'
49. DATE
~.
51. DATE FiECEIVED
,~
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~-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES WENTZ,
NO.2000-7735-Equity
Plaintiff,
)
)
)
)
)
)
)
CIVIL ACTION-EQillTY
vs.
BONNIDENE ZIELONIS,
Defendant.
~otice
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 New Matter is 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 document, 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.
~oticia
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas
siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de lademanda y la notificacion. Usted debe
presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus
objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defienda, la corte tomara medidas
y puede eutrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pediclo en
la peticion de demanda. Usled puede perder clinero 0 sus propiedades 0 ottos derechos importantes para usted.
LLEVE EST A DEMANDA A UN ABODAGO lNMEDIATAMENTE. SI NO 'IlENE ABOGADO 0 SI NO
'IlENE EL DINERO SUFIClENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR
'IELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRlTA ABAJO PARA
A VERlGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
^
......
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff,
)
)
)
)
)
)
)
~n~bJtr
NO.2000-7735-Equity
JAMES WENTZ,
vs.
CIVIL ACTION-EQUITY
BONNIDENE ZIELONIS,
Defendant.
. II-f:h
AND NOW, TO WIT, thiS ~day of December, 2000, comes the Defendant,
BONNIDENE ZIELONIS, by and through her attorney, Richard K. Konkel, Esquire, and files the
within Answer, of which the following is a statement, to wit:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Admitted.
10. Admitted in part, denied it part. It is admitted that the Plaintiffhas used some of his own
equipment and labor to make necessary improvements to the said property he is co-owner of as
tenant in common with his sister, the Defendant. It is denied that Plaintiffhas paid for most ofthe
expenses of the property. On the contrary, all material improvements on the property were paid
1
for jointly by the Plaintiff and Defendant from the rental proceeds of the property. Strict proof of
Plaintiff paying for most of the expenses is demanded at trial.
WHEREFORE, Defendant asks this Honorable Court to dismiss Plaintiffs Complaint
in Partition with prejudice.
jlew ~atter
11. Paragraphs One (1) through Ten (10) are incorporated herein by reference as if set forth
in full.
12. Due to Plaintiffs actions, the tenant in the property left the premises on or about
September, 2000. Since that time, Defendant has been paying the mortgage and all expenses on
the property herself without any contributions from Defendant.
WHEREFORE, Defendant asks this Honorable Court to dismiss Plaintiffs Complaint
in Partition with prejudice.
Respectfully submitted,
~f~
Richard K. Konkel, Esquire
102 East King Street
York, Pennsylvania 17403
(717) 699-2224
LD. # 77953
Attorney for Defendant
2
", -~-
-
~triftcation
I, BONNIDENE ZIELONIS verify that the statements made in the foregoing ANSWER and
NEW MATTER are true and correct to the best of our knowledge, information and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa.C,S. S 4904,
relating to unsworn falsification to authorities.
Date: /J../'YrJ!JrJO
~(~JdlOML
B ENE ZIEL
3
T'-~
n
1
.
i
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES WENTZ,
)
)
)
)
)
)
)
NO. 2000-7735-Equity
Plaintiff,
vs.
CIVIL ACTION-EQUITY
BONNIDENE ZIELONIS,
Defendant.
(!Certificate of ~erbtce
I, RICHARD K. KONKEL, ESQUIRE, attorney for the Defendant, Bonnidene Zielonis,
hereby certify that I have on this date served a true and correct copy of the Answer and New
Matter, which satisfies the requirements ofPa.R.C.P. 440, by first class mail, postage prepaid, and
hand delivery, on the following:
David Baric, Esquire
17 West South Street
Carlisle,PA 17013
DATE: December 6,2000
~~d % ~~/
Richard K. Konkel, Esquire
102 East King Street
York, Pennsylvania 17403
Telephone No. (717) 699-2224
Supreme Court I.D. 77953
Attorney for Defendant
4
~I
.
JAMES WENTZ,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
V.
NO. 2000-7735 EQUITY
CIVIL ACTION-EQUITY
BONNIDENE ZIELONIS,
Defendant.
REPLY TO.NEW MATTER
AND NOW, comes Plaintiff, James, Wentz, by and through his attorneys, O'BRIEN,
BARIC & SCHERER, and files the within Reply to New Matter and, in support thereof, sets
forth the following:
11. Paragraphs one through ten of the complaint are incorporated by reference.
12. Denied. It is denied that the actions of Plaintiff caused the previous tenant to
remove herself from the property. Plaintiff has, at all times, offered to pay one-half of the
expenses attendant to the property. After reasonable investigation, Plaintiff is without
knowledge or information sufficient to form a belief as to the remainder of these averments and
they are, therefore, denied.
WHEREFORE, Plaintiff requests judgment in his favor and against the Defendant as
prayed for in Plaintiff s complaint.
Respectfully submitted,
, RIEN, BARIC & ~R
. ;::fdw.
David A. Baric, Esquire
ID#44853
17 West South Street
Carlisle, P A 17013
(717) 249-6873
Attorney for Plaintiff
.:
VERIFICATION
I verify that the statements made in the foregoing Reply To New Matter are true and
correct to the best of my knowledge, information and belief. I understand that false statements
herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to unswom falsification to
authorities.
t:cl
David A. Baric, Esquire
DATED:
/~/jtI/oo
,
I:
CERTIFICATE OF SERVICE
I hereby certifY that on December ao ,2000, I, David A. Baric, Esquire of O'Brien,
Baric & Scherer, did serve a copy ofthe Reply To New Matter, by first class U.S. mail, postage
prepaid, to the party listed below, as follows:
Bonnidene Zielonis
785 Bremer Road
Dover, Pennsylvania 17315
Richard K. Konkel, Esquire
102 East King Street
York, Pennsylvania 17403
David A. Baric, Esquire
"
PRAECIPE FOR LISTr-IG CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
(EQUITY )
TO THE PROTHONOTARY/OF CU~[BERLAND COUNTY
Please list the following ~:l'se;
(CCleek ,one)
(
)
for JL"RY tri:li at the ne.x! term ,of civil court.
( X )
for trial without a jury.
----------------------------------------------------------------------
CAPTION OF CASE
(entire caption must be stated in full)
(check one)
JAMES WENTZ,
( ) Assumpsit
( ) Trespass
( ) Trespass (~otor Vehicle)
( X ) PARTITION
(other)
(Plain tiff)
vs.
.
(Defendant)
Pretrials will be
(Briefs are due 5
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.)
held
days
on
before
BONNIDENE ~IELONIS,
.
'IS.
No. 7735
~~~i
~ TERM
~ 2000
Indicate the attorney who will try case for the parcy who mes this praecipe: David A. Baric, Esq.
O'Brien, Baric & Scherer, 17 West South Street, Carlisle, PA 17013
Indicate tri:li counsel for other parties if known: Richard K. Konkel, Esquire
102 East King Street, York, PA 17403
This C:lSe is re:ldy for ~ri:ll.
Si"., ~ t: If .
Date:
1/1-1, / tf1
.. .
Print:\ame: David A. Bar;C'
Anorno;}y fiJr:
Plaintiff
T"'""A''''''',~'''''1,'''"
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IP!JI!iII!!I!!I~l!'ffl"'I"'I",,~m"~'"l"-"C:9P'~W-~~~~~~ijjjfY!in;;'i."j. '-'~I'l;"'" <'-7,"0 '-"'~ H'" - -~";'W?;'io/-"1lt"!-~~~~ffiq_I~~1!! ~""_ ~,,,_",,,,,,,," :r!Jl'
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
(7'17) 240-6200 Assistant Court Administrator
(717) 697-0371
(717) 532-7286
(717) 240-6462 FAX
MEMORANDUM
ffi: The Honorable Edgar B. Bayley
FROM:
Taryn N. Dixon, Assistant Court Administrato?--~----?11 Lr
February 7,2001
DATE:
lNRE:
7735 Equity 2000
JAMES WENTZ
v,
BONNIDENE ZIELONIS
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:,,,,.-,.
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II
JAMES WENTZ,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
BONNIDENE ZIELONIS,
DEFENDANT
00-7735 EQUITY TERM
ORDER OF COURT
AND NOW, this
Q>I-
day of February, 2001, IT IS ORDERED that
the trial of the within case shall be conducted in Courtroom Number 2, Cumberland
County Courthouse, Carlisle, Pennsylvania at 1:30 p.m., Wednesday, March 28, 2001.
- 0'
(\ ~ r\~\C-
V () ~~
David A. Baric, Esquire
For Plaintiff
Richard K. Konkel, Esquire
For Defendant
Court Administrator
:saa
Ir-.
10",
-,-,.-,
!fil--".--
~-tl~~!I$<I;M>l;lll;iI1i!);""'-tliiMi.~~Of,~_gJ"""""")!~~~""''''';','''-;j"!,~;''''-;,h'";:~""b'';..tll~~i"''''''' ,
III
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P;:NNSYLVAfIJIA
,,~
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,
l
JAMES WENTZ,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - EQUITY
BONNIDENE ZIELONIS,
Defendant
NO. 00-7735 EQUITY TERM
ORDER OF COURT
AND NOW, this 28th day of March, 2001, this matter
having been called for trial, and the parties having reached an
agreement, IT IS ORDERED:
1. The property subject to the complaint, 10
Cumberland Drive, Mechanicsburg, Cumberland County,
Pennsylvania, as more fully set forth in plaintiff's complaint
in partition, is partitioned.
2. The property shall be sold through a licensed
realtor agreed to between the parties.
3. The sale price shall be $96,100.00. If the
property does not sell, the listing price shall be reduced five
percent after three months and five percent more after six
months unless otherwise agreed to between the parties in
writing.
4. Upon sale, all costs shall be paid including the
outstanding balance on the mortgage to PNC Bank.
5. From the proceeds of sale, James Wentz shall
receive a $1,000.00 credit. The balance remaining shall be
divided equally between plaintiff and defendant.
6. From this date until the date of sale, the
parties shall divide equally the payments on the mortgage,
insurance, real estate taxes and all utilities on the property.
7. Unless otherwise agreed to between the parties in
writing, the property, which is now vacant, shall remain vacant
until the date of sale.
'1""""'""'""-
"
-~I
I
David A. Baric, Esquire
For Plaintiff
Richard K, Konkel, Esquire
For Defendant
Sheriff
prs
.~r;""I - ~ ~~
I'
By the Court,
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