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HomeMy WebLinkAbout07-1721HAROLD S. IRVNN, 111, ESQUIRE ATTORNEY ID NO. 29920 " SOUTH PITT STREET CARLISLE PA 17015 (717) 2434MG ATTORNEY FOR PLAINTIFF NICOLE L. BARRICK, Piaintm V. THOMAS R. FORD, Defsndant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - (?va-, : IN EQUITY PARTITION 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9180 or (717) 249-3166 NICOLE L. BARRICK, Plaintiff V. THOMAS R. FORD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. D 7- / 7 d- I Cc, D emu,, : IN EQUITY - PARTITION COMPLAINT NOW comes the plaintiff, Nicole L. Barrick, by her attorney, Harold S. Irwin, 111, Esquire, and files this complaint in partition and in support thereof represents as follows: Plaintiff is NICOLE L. BARRICK, an adult individual residing at 657 Shippensburg Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is THOMAS R. FORD, an adult individual residing at 657 Shippensburg Road, Newville, Cumberland County, Pennsylvania 17241, and whose place of employment is Lowe's Home Improvement Warehouse of Carlisle, 850 East High Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The parties are joint owners of a tract of real estate and improvements located in North Newton Township, Cumberland County, Pennsylvania known and numbered as 657 Shippensburg Road, Newville, Pennsylvania 17241. 4. The parties hold title to said real estate as joint tenants with the right of survivorship, and not as tenants in common, by virtue of a deed from Joseph W. Elhajj and Nichole A. Elhajj, his wife, to the parties, dated February 28, 2006 and recorded 'in the Cumberland County Recorder of Deeds office in Deed Book 273, Page 1737, a copy of which is incorporated herein by reference and attached hereto as Exhibit "A". 5. The parties also have a joint mortgage held by Philadelphia Financial Mortgage on the real estate referred to above. 6. No persons other than the parties to this partition action have an interest in the said property. 7. No partition or division of the above-described property has ever been made. 8. Irreconcilable differences have arisen between the parties which make it impossible for them to continue in the joint ownership of the real estate as aforesaid. 9. The plaintiff has attempted to negotiate with the defendant in an effort to dissolve their relationship and end the joint ownership of said property; however, the defendant has failed and refused to respond to such efforts of the plaintiff and the parties have been unable to agree on any terms for an appropriate partition of this property. 10. When the parties purchased the aforementioned real estate, they shared the dosing costs and payment of the downpayment on the property. They have also shared responsibility for the mortgage payments and other expenses for the real estate as well as all maintenance thereon. 11. The said real estate cannot be divided without prejudice to or spoiling the whole. 12. Plaintiff desires to undertake to re-finance the mortgage in her own name and buyout any equity which the defendant may have accrued during their brief ownership of the property and have the property transferred into her name individually. WHEREFORE, the plaintiff requests that the Court enter an order providing for the partition of the assets and liabilities between the parties; that if any of the parties' assets cannot be divided without prejudice to or spoiling the whole, such proper and necessary resolution of the parties' joint ownership of the same be directed to be made in such a manner as the Court may deem appropriate; and 1 or such other relief as the Court may deem appropriate. March E 2007 HAROLD S. IRWIN, III, Attorney for Plaintiff 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Attorney ID No. 29920 VERIFICATION I hereby verify that I am the plaintiff in this action and that the facts stated in the above Complaint are true and correct. I understand that false statements herein are made subject to the penalties of PA.C.S. Section 4904, relating to unswom falsification to authorities. March A 2007 EXHIBIT "A" 01") P""DE.RT P.';EJLER RECORDER OF DEEDS CUMBERLAND COUNTY-RA DEED 2006 ria 1 flm 9 ?$ THIS DEED, made the 28th day of February, 2006, by and between Joseph W. Elhajj, joined by his wife, Nichole A. Elhajj, of Fayetteville, Pennsylvania, GRANTORS, and Thomas R. Ford and Nicole L. Barrick, of Cumberland County, Pennsylvania, GRANTEES. WITNESSETH, that in consideration of the sum of One Hundred Twenty-Five Thousand ($125,000.00) and 00/100 Dollars, paid in hand, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey, in fee simple, to the said Grantees, as joint tenants with right of survivorship, ALL THAT CERTAIN tract of land situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Subdivision Plan prepared by Stanley Jarmolenko, R.S., dated November 13, 1984, and recorded in Cumberland County Plan Book 47, Page 14, as follows, to wit: BEGINNING at a point on the eastern dedicated right-of-way line of Pennsylvania Route 533 at the dividing line between Lots Nos. 2 and 3 on the hereinabove mentioned Subdivision Plan; thence along said dividing line, South 57 degrees 35 minutes East 281.04 feet to an iron pin; thence along lands now or formerly of Jay Glenn Glessner, South 08 degrees 55 minutes 00 seconds East 28.72 feet to a concrete monument; thence along the dividing line between Lot Nos. 3 and 10 on the hereinabove mentioned Plan, South 32 degrees 25 minutes West 128.44 feet to a point; thence along the dividing line between Lots Nos. 3 and 4 on said Plan, North 57 degrees 35 minutes West 300.00 feet to a point on the eastern dedicated right-of-way line of Pennsylvania Route 533; thence along said right- of-way line, North 32 degrees 25 minutes 00 seconds East 150.00 feet to a point, the Place of BEGINNING. CONTAINING 1.028 Acres. BEING Lot No. 3, as shown on the Final Subdivision Plan for North Newton Estates, as recorded in Cumberland County Plan Book 47, Page 14. HAVING thereon erected a dwelling house known and numbered as 657 Shippensburg Road, Newville, PA 17241. TOGETHER WITH AND SUBJECT to conditions, restrictions, reservations, rights-of-way, and easements of record and as may appear on the above-recited survey. ,. BOOK, Being the same real estate which John F. Pierce, Sr., a/k/a John F. Pierce, and Laurie A. Pierce, husband and wife, by deed dated July 9, 2001, and recorded July 24, 2001, in Cumberland County Record Book 247, Page 2792, granted and conveyed to Joseph W. Elhajj, Grantor herein. Nichole A. Elhajj joins in this deed solely to convey any right, title, or interest she may have in the above-described real estate as spouse of Joseph W. Elhajj. AND the said Grantor will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto executed this deed. Witness: (SEAL) Josep . Elhajj v' dfV 69't . - (SEAL) N chole A. Elhajj ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this 28th day of February, 2006, before me, the undersigned officer, personally appeared Joseph W. Elhajj and Nichole A. Elhajj, husband and wife, known to me (or satisfactorily proven), to be the persons whose names are subscribed to the within instrument, and acknowledged the foregoing deed to be their act and deed, and desired the same to be recorded as such. Witness my hand and official seal, the day and year aforesaid. Notary blic COMMONWEALTH OF PENNSYLVANIA Notarial Seal Michelle W. McCoy, Notary Public South Middleton Twp., Cumberland County My Commission Expires Nov. 18, 2009 Member, Pennsylvania Association of Notaries 600K 273 f,?CEJ713 CERTIFICATE OF RESIDENCE I hereby certify that the address of the within Grantees is: r Witness my hand this 'day of Fik.-XA nc-k 2006. 0u%Wrland County Recorder of Deeds Instrument Filing ReceiptR 596161 Instr! 2006-M S91 3/01/2006 49:52.14 Remarks: D A R SETTLE BARRICK DEED 11.50 DEED - YRIT .50 DEED - RTT STATE 1250.00 BIG SPRING 625.00 NORTH NEWTON TNP 625.44 DEED - A/N 11.50 U.S. / A.T.J. 10.00 CO IMPROVEMENT FND 2.00 RFC. IMPRVNT FUND 3.00 CheckR 1207 $2,539.04 checka 1199 C50 Total Received....... $2,539.50 tl' PA e r c ?''r of Deeds sac 273 PAGE1 ' ca N O C=3 -n T d 7-0 r- `c t rr; C IO j ? C w 9 HAROLD S. IRWIN, 111, ESQ ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17015 (717) 243-6090 ATTORNEY FOR PLAINTIFF NICOLE L. BARRICK, Plaintiff V. THOMAS R. FORD, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007 - 1721 : IN EQUITY - PARTITION PRAECIPE TO SETTLE AND DISCONTINUE To the Prothonotary: Please mark this case settled and discontinued, with prejudice. April 24, 2007 HAROLD S. IRWIN, Attorney for Petitio r 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920 C) ? 0 -ow -n rf'. r ( N Z to A ??:: ? C rn tit C= SHERIFF'S RETURN - REGULAR CASE NO: 2007-01721 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BARRICK NICOLE L VS FORD THOMAS R ROBERT BITNER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon FORD THOMAS R the DEFENDANT , at 0850:00 HOURS, on the 2nd day of April , 2007 at 16 WEST HIGH STREET CARLISLE, PA 17013 THOMAS R FORD by handing to a true and attested copy of COMPLAINT - EQUITY together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 4.80°' Postage .39 Surcharge 10.00 R. Thomas Kline .00 33.19 04/02/2007 HAROLD IRWIN Sworn and Subscibed to By before me this day Deputy heriff of A.D.