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Home My WebLink About01-04053HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 77013 (717) 243.6090 ATTORNEY FOR PLAINTIFF JOYCE M. WILLSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. O /- ~S/1953 JOHN S. GEORGE, Defendant : IN EQUITY -PARTITION N®TICE 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, PA 17013 1-800-990-9180 or (717)249-3166 JOYCE M. WILLSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA JOHN S. GEORGE, Defendant : IN EQUITY -PARTITION COIIAPLA4NT NOW comes the plaintiff, Joyce M. Willson, by her attorney, Harold S. Irwin, III, Esquire, and files this comp{aint in partition and in support thereof represents as follows: 1. Plaintiff is Joyce M. Willson, an adult individual residing at 391 Cornman Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is John S. George, an adult individual whose present residence is unknown, but whose place of employment is Fry Communications, Building 2, 800 West Church Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The parties are joint owners of a tract of real estate and improvements located in North Middleton Township, Cumberland County, Pennsylvania known and numbered as 391 Cornman Road, Carlisle, Pennsylvania 17013. 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 Woodrow W. Stone and Margurette J. Stone, his wife, to the parties, dated August 19, 1998 and recorded in the Cumberland County Recorder of Deeds office in Deed Book 183, Page 852, a copy of which is incorporated herein by reference and attached hereto as Exhibit ~~A„ 5. The parties also have accumulated substantial personal property in which they each hold an undivided one-half interest. 6. The parties have various joint debts and other liabilities, including, but not limited to a mortgage on the real estate referred to above. 7. No persons other than the parties to this partition action have an interest in the said property. 8. No partition or division of the above-described property has ever been made. 9. Irreconcilable differences have arisen between the parties which make it impossible for them to continue in the joint ownership of the real estate or personal property as aforesaid. 10. Recently, on more than one occasion, the plaintiff has attempted to negotiate with the defendant in an effort to dissolve their relationship and end the joint ownership of said property. 11. Nevertheless, 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 their joint assets. 12. When the parties purchased the aforementioned real estate, the plaintiff paid all of the closing costs and the downpayment on the property. 13. Plaintiff is now paying the mortgage payments and other expenses for the real estate and performing all maintenance thereon. 14. The said real estate cannot be divided without prejudice to or spoiling the whole. WHEREFORE, the plaintiff requests that the Court enter an order providing for the partition of the assets and liabilities of the partnership between the parties; that if any of the parties' assets cannot be divided without prejudice to or spoiling the whole, such proper and necessary sale or sales of the same be directed to be made by such persons and in such a manner as the Court may deem appropriate; and / or such other relief as the Court may deem appropriate. June ZB,2001 HAROLD S. IRWIN, III, Attorney for Plaintiff Attorney ID No. 29920 35 East High Street, Suite 201 Carlisle, PA 17013 (717) 243-6090 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 unsworn falsification to authorities. June ~~ , 2001 J M.1 ILLSO EXHIBIT "A" .,,.,~„~..r,..,arq„.„-,.a. y82 0~ ~~ Parcel No.: 29-OS-0427-I 16 THIS DEED MADG THE 1 day of August in the year of our Lord one thousand nine hundred ninety-eight (1998). EETWEEN WOODROW W. STONE and MARGURETTE J. STONE, husband end wife, of 391 Cornnran Road, Carlisle, Cumberland County, Pennsylvania, hereinaRer referred to as: Grantors, anS JOHN S. GEORGE, single man, and JOYCE M. WILLSON, single woman, of 61G West Loather Street, Carlisle, Cumberland County, Pennsylvania,-es Joint Tenants with Rights of Survivorship, hereinafter referred to as: Grantees, WITNESSETH, that in consideration of NRJETY-THREE THOUSAND FIVE HUNDRED AND XX1100 ($9},500.00) Dollars in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantees, their heirs and assigns: ALL THOSE CERTAM tracts of ground with improvements thereon erected situate in Nosh Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO 1: DEGINNING at a stake on lire North side of a Township Road, leading from Ibe I-Dog's Gap Road to Wertz's School House on Crane's Gap Road; thence along Innds now or formerly of W illiem D. Shultz, North twenty-three (23) degrees West, a distance of two hundred eight and seven-tenths (208.7) feet to e stoke; thence along lands now or formerly of George A, Hefiefingey North sizty- seven (67) degrees Eest, n distance of one hundred (100) feet to a slake; thence by same, South twenty-three (23) degrees Eest, a distance of two hundred eight end seven-tenths (208.7) feet to a slake on the Nonh side of the Public Road above described; thence by the same, South sixty-seven (67) degrees West, a distance of one hundred (100) feet to a stake, the place of DEGINNINO. CONTAINING twenty thousand eight hundred seventy (20,870) square feel, nwre or Tess. D001( ~p3 r„eE Q$z TRACTN0.2: BEGINNMG at a stake on the North side of the Township Roed #498 and the Southeast comer of land now or formerly of Woodrow Stone; thence North 67 degrees East along said Nonh side of said Township Road X498 n distrnce of filly (50) feet to a stake; thence along the Western line of land now or formerly of Melvin F. Mellott, North 23 degrees West a distance of two hundred eight and seven-tenths (208.7) feel to a stake; thence along the line of lands now or formerly of Earl P. Garman and Alberta M. Garman, his wife, South 67 degrees Well a distance of fitly (50) feet to a stake et line of land of said Woodmw Stone; thence along said Eastern line of land now or fomterly of Woodrow Stone South 23 degrees East a distance of two hundred eight and seven-tenths (208,7) feet to a stake on the North side of said Township Road X498, the place of BEGINNING. CONTAINING ten thousand four hundred thirty-five (10,435) square feet. TRACT N0.3: BEGRJNMG at a point in the center of the public road leading from the Longs Gap-Carlisle Springs public road, at comer of other land now or formerly of W oodrow W, Stone and wife; thence along the Norllr side of said public road in a Westerly direction a distance of fifty (50) feet to a point; thrnce in a Northerly direction along other land now or formerly of William D. Shultz, et ux, a distance of two hundred eight and seventy-one hundredths (208.71) Ceet to a point in line of {and now or formerly of George Hefflefinger end wife; thence by the same in an Easterly direction a distance of fifty (50) feet to a point in line of land of the said Woodrow W. Stone and wife; thence by the same in a Southerly direction a distance of two hundred eight and seventy-one hundredths (208.71) feet to a point in the Northern line of said public road, the place of BEGINNING. CONTAIMNG fifty (50) feet in front along the Northam line of said public road and extending in depth at an even width a distance of two hundred eigln and seventy-one hundredths (208.71) feet. BEING the same premises which Woodrow W. Stone end Margurette J. Stone, bis wife, by their Deed dated October 3, 1988 end recorded October 13, 1988 in Cumberland County, Pennsylvania, Deed Book "P", V o{ume 33, Page 806, granted and wnveyed unto Woodrow W. Stone and Margurette J. Slone, his wife, Grantors herein. SUDJECT, HOWEVER, to such easements, restrictions end conditions that may apply to the aforo-described tract of land, recorded or unrewrded. AND the said Grantors hereby covenant and agree That they will wnrrant specially the property hereby conveyed. ~..... ooolc 183 racf 853 ..,,.b ... _ w IN WITNESS WHEREOF, said 6mntors have hereunto set their hands and seals the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF ~,~ ~~"~'~ (SEAL) Woodrow W. Stone (SEAL) Ma gore ~~ J. Stone ((// COMMONWEALTH OF PENNSYLVANIA ) \\ ): ss. COUNTY OF W~~j ~ ) On this, the , l day of August, 1998, before me, the undersigned otIicer, personally appeared, WOODAOW W. STONE end MARGURETTE J. STONE, husband and wife, known to me or satisfactorily proven to be the persons whose names are subscribed to the within inslmment, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand td ofici ,seal. (SEAL) P~(tVit'~r(Wx. Nole11el5ael ~{.. r\~,.u. ~' )yi' ~!. ~'y11lhq L. Oam Nole7 neEIE -2Y tfN~IP.lnll ~ ~ "CO~~ . aMy COmmievlan ,~_~ „,... jQs t: +v~~.~'E: 6ooK iti3 race l35d 1 hereby certify that the precise residence and complete post office address o(the within Grantees ~r~ ~ ~v IlL~~ n ^ . /] /v ~~ ITC/ 11 ~f '^1'v~\ofVI ~C~-.L~) V t for Grantees C ~~ COMMONWEALTH OF PENNSYLVANIA ) \ ): ss. COUNTY OF U mDQc~ ) RECORDED on this ~~ day of 1'10 A. D. I~ in the Recorder's Office of the said County in Deed Book(~3 , Page~a v a `e `n" ,, G 0 .i c: ' Given under my hand and the seal of the said olTice, [he date above written. ~~ ~~d~`_ r Recorder r-I N E '~ ~ ~ eOc?.'.a' m m MARTSON &o A7TOIINEYS & COUNSELLORS AT LAW TEN PAST IIIGO STREET CARI,ISI,E, PENNSYLVANIA 17013 TELEI'110NE (7l7) 243-3341 ~~,_.... OIIOK x.03 619E OJT Cueberlarvi County Recorder of 8ee~k Inutruneat Filing ReceirtA 17D720 InstrD 1998-02A20fi 8/19/1998 12~IS125 Reaarks~ RM DNlCAN DEED 1I.5D TEED - DAIT .50 DEED - RII STp1E 9%.00 fAALISIE AREA 467.50 tAATN NfODLEIDN qu7.50 [EED - p/H IL50 LD [XPADVEXEM fN0 L.00 IIEC. IIPAVXT FUND 1,90 OleckD 11645 1969 ~ OleckD 11646 Total Rece[ved {9,75,00 ....... 1LA95,50 c- o ~~_ ~l r, "' r~ ___ ~, ~, - ;1; `~ ~~ ~y~ ' ~-s U, c -~ G .. ;-~ ~ ~ ~'' ~~ -Z r„ ~' ~~ w 0.~ U ~ r v SHERIFF'S RETURN - REGULAR CASE N0: 2001-04053 P ~9a%ty COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WILLSON JOYCE M VS GEORGE JOHN S ROBERT FINK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon GEORGE JOHN S DEFENDANT the at 1025:00 HOURS, on the 9th day of July 2001 at FRY COMMUNICATIONS BLDG 2 800 W CHURCH RD MECHANICSBURG, PA 17055 by handing to JOHN GEORGE 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: Docketing 18.00 Service 5.85 Affidavit .00 Surcharge 10.00 .00 33.85 Sworn and Subscribed to before me t/h~is a3,~ day of -~~~ Q . ~j P honotary So Answers: ~~ R. Thomas Kline 07/10/2001 HAROLD S IRWIN III Depu er' y A JOYCE M. WILLSON, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO.O1-4053 EQUITY TERM JOHN S. GEORGE, Defendant IN EQUITY -PARTITION ANSWER TO COMPLAINT NOW COMES Defendant, John S. George, by and through his attorneys, Mancke, Wagner, Hershey & Tully, and answers as follows: 1-14. Admitted. WHEREFORE, Defendant joins Plaintiff in requesting that the Court enter an order providing for the partition of the assets and liabilities of the partnership between the parties. Respectfully Submitted, MANCKE, WAGNER, HERSHEY & TULLY Attorneys for Defendant Date: ~" ~"t'~ William T. Tully, Esq. 2233 North Front Street Harrisburg, PA 17110 (717)234-7051 I.D.#36410 °F ._ ~=w JOYCE M. WILLSON, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 01-4053 EQUITY TERM JOHN S. GEORGE, Defendant IN EQUITY -PARTITION CERTIFICATE OF SERVICE I, William T. Tully, hereby certify that on this date, a true and correct copy of the foregoing document was served upon all interested parties by first class mail, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Date: ~'~~"~~ Harold S. Irwin, III, Esq. 35 East High Street Carlisle, PA 17013 ~~ William T. Tully, Esq. ~~, VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Date: ~ ' ~ ~' 'O ~ ~' .: y'. WII.LSON, JOYCE M. Plaintiff, vs. GEORGE, JOHN S. IN THE COURT OF COMMON PLEAS .,,•: OF CUMBERLAND COUNTY PENNSYLVANIA N0.2001- 04053 Defendant PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Ksndly ~;~ithdraw my appearance as attorney for Plaintiff Jcyce M. Willson in the above captioned matter. W OFFICE Dated: ~-%~~ ~ By: Harold S. Irwin, III, Esq ' e Identification No. 2992 35 E. High Street Carlisle, Pennsylvania 17013 (717) 243-6090 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter our appearance as attorneys for Plaintiff Joyce M. Willson in the above captioned matter. Dated: ~0 ?mil ~~ By: 7~nna Marie Sossong, E'sq ' Identification No. 32808 17 S. Second Street, 6a` Floor Harrisburg, Pennsylvania 17101 (717) 233-1000 ;~! J; ;,~,, Rr. 'i~~' ,'' ~-~ N ~--- <^"~ "f'~ _ "x r c~7 r.n . Y 1~ i ' -.n ~ , _ ,~ I'f1 ~_, .~ ~ rM1n V4' ,~. -., ~ Ev~sisP-asr..a s .wew~uuw .z;t~~m~&~~ ~,-