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DONALD P. HARVEY and IN THE COURT OF COMMON PLEAS OF
KENNETH L. HARVEY, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
VS. CIVIL ACTION - EQUITY
99-4785 CIVIL
PHYLLIS H. RANDOLPH
and FAE H. KAMMERER,
Defendants IN PARTITION
ORDER
AND NOW, this day of December, 1999, following preliminary
conference, the attached agreement of the parties as announced in open court and in their
presence is herewith made an order of court.
Dale F. Shughart, Jr., Esquire
For the Plaintiffs
Mark Reilly, Esquire
For Defendant Randolf
Douglas G. Miller, Esquire
Mark D. Schwartz, Esquire
For Defendant Kammerer
BY THE COURT.
4 1?4
Kevi Hess, J.
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DONALD P. HARVEY and
KENNETH L. HARVEY,
Plaintiffs
V.
PHYLLIS H. RANDOLPH and
FAE H. KAMMERER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 99-4785 CIVIL TERM
IN PARTITION
IN RE: TRANSCRIPT OF PROCEEDINGS
Proceedings held before the HONORABLE
KEVIN A. HESS, J., Cumberland County
Courthouse, Carlisle, Pennsylvania, on
Monday, December 13, 1999,
in Courtroom Number 4.
APPEARANCES:
DALE F. SHUGHART, JR., Esquire
For Donald P. Harvey & Kenneth L. Harvey
MARK REILLY, Esquire
For Phyllis H. Randolf
DOUGLAS G. MILLER, Esquire
MARK D. SCHWARTZ, Esquire
For Fae H. Kammerer
'1i
I MR. SHUGHART: May it please the Court, Your
2 Honor, as we just completed ciiscussions in chambers among
3 counsel, I believe that an agreement has been reached which
4 I shall endeavor to state. And if I misstate it, counsel
5 may interrupt or wait until the end to clarify. But there
6 would be five points to an order of court, which is an
7 agreement among the four parties.
8 1. That plaintiffs, Donald P. Harvey and
9 Kenneth L. Harvey, and the defendant, Phyllis H. Randolph,
10 shall purchase the one-quarter interest of the defendant,
11 Fae H. Kammerer, in the home farm property for her share of
12 its appraised value of $258,000.00, with the normal
13 provisions of an agreement of sale regarding proration of
14 taxes, preparation of deed, et cetera. There will be no
15 realty transfer taxes among the siblings. Settlement shall
16 be completed within forty-five days of today's date.
17 2. The parties will list for sale the
18 Nailer farm property and the mountain ground with Stan
19 Spencer of Spencer Realtors, at a list price for the Nailer
20 farm of no less than the appraised value, the parties
21 working with Mr. Spencer as far as determining appropriate
22 list prices and appropriate marketing strategy for the
23 mountain ground.
24 3. The parties will equally divide among
25 the four of them the cost of the appraisals of the Nailer
2
5
Y ?
1 farm and the home farm, which have been paid by the
2 defendant, Fae Kammerer.
3 4. That the home farm has on it tangible
4 personal property, which was gifted to the four parties by
5 the father during his lifetime, of which a share belongs to
6 the defendant, Mrs. Kammerer. If the parties have not
7 divided and disposed of this property by the time of
8 settlement, her property may remain on the home farm
9 without any rental fee or other costs until it is disposed
10 of..
11 5. The parties will work through counsel to
12 agree upon a defined plan of sale regarding the list prices
13 for the property and offers, which, if received, will be
14 accepted by all parties, to be entered as a sealed order of
15 court.
16 In the event the parties are unable to reach
17 such an agreement or any other difficulties arise in
18 effectuating the sale of the properties, any party may,
19 upon petition, have a further preliminary conference
20 scheduled before the court pursuant to Pa.R.C.P. 1558.
21 THE COURT: Mr. Reilly, anything you want to
22 say?
23 MR. REILLY: No, Your Honor.
24 THE COURT: Mr. Miller and Mr. Schwartz?
25 MR. MILLER: I just have one clarification.
3
I I believe he accidently said it was Phyllis Kammerer. It.
2 is actually Fae Kammerc:.
3 THE COURT: Anything else? We will enter
4 that as an order of court. From the little bit that I have
5 learned about this case this morning, it certainly seems to
6 be a good arrangement. And we applaud counsel and the
7 parties for their ability to find some common ground here,
8 and will remain available to address any other problems in
9 the future.
10 (End of proceedings)
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4
V
CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the abovecause and that this is a correct transcript of
same.
Barbara E. Graham
Official Stenographer
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
]?iwGo- /r l??f
Date
Kev'n A. Hess, J.
Ni th Judicial District
5
DONALD P. HARVEY and KENNETH
L. HARVEY,
Plaintiffs
V.
PHYLLIS H. RANDOLPH and
FAE H. KAMMERER,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO 99 - Lori?
IN EQUITY
IN 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
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 A 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 OUR WHERE YOU CAN GET
LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PA 17013
(717) 249-3166
DONALD P. HARVEY and KENNETH
L. HARVEY,
Plaintiffs
V.
PHYLLIS H. RANDOLPH and
FAE H. KAMMERER,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO 9.9 - '/ 7 j',j? ?, , 4 Ty
IN EQUITY
IN PARTITION
COMPLAINT FOR PARTITION
AND NOW, come the Plaintiffs, Donald P. Harvey and Kenneth
L. Harvey, by their attorney, Dale F. Shughart, Jr., Esquire, and
make this complaint in Partition and in support thereof,
represent as follows:
1. Plaintiff, Donald P. Harvey, is an adult individual
residing at 5224 Oxford Drive, Mechanicsburg, Pennsylvania,
17055.
2. Plaintiff, Kenneth L. Harvey, is an adult individual
residing at 302 Walnut Street, Catasauqua, Pennsylvania, 18032.
3. Defendant, Phyllis H. Randolph, is an adult individual
residing at 56 North Drive, Holland, Pennsylvania, 18966.
4. Defendant Fae H. Kammerer, is an adult individual
residing at 25 Parsonage Street, Newville, Pennsylvania, 17241.
5. Plaintiffs and Defendants are the owners of four tracts
of real estate all located in Lower Mifflin Township, Cumberland
County, Pennsylvania as described in Counts I through III below,
and all the interests of the parties in the property are held as
equal tenants in common and are undivided.
COUNT I
PREMISES - 455 SHED ROAD, NEWVILLE, PENNSYLVANIA 17241
6. Plaintiffs incorporate paragraphs 1 thorough 5 above as
if set forth in their entirety.
7. The parties acquired title to the property known as the
"Nailer Farm's located at 455 Shed Road, Newville, Pennsylvania,
17241, (tax parcel # 15-05-0413-023)by deed from Paul E. Harvey,
et ux, dated December 23, 1983 an recorded on December 23, 1983
in the Office of the Recorder of Deeds of and for Cumberland
County at Deed Book -M11 Volume 30, Page 956, wherein said Paul
E. Harvey, et ux, conveyed all that certain tract of land situate
in Lower Mifflin Township, Cumberland County, Pennsylvania, more
fully described in the Deed attached hereto, incorporated herein
and marked Exhibit "A", unto the parties as tenants in common,
each to hold an undivided one-forth interest therein.
8. No persons other than the parties to this Partition
Action have an interest in the said property, which is presently
unoccupied.
9. No partition or division of the above-described
property has ever been made.
WHEREFORE, Plaintiffs pray that the Court decree partition
of the real estate and the share or shares to which the
respective parties are entitled be set out to them in severalty
and that all proper and necessary conveyances and assurances be
executed for carrying such partition into effect; and that, if
said real estate cannot be divided without prejudice to or
spoiling the whole, such proper and necessary sale or sales of
the same may be made by such persons and in such a manner as the
Court may direct. The Plaintiffs also pray the Court to order
such other further relief as may be just and proper.
COUNT II
PREMISES - 870 DOUBLING GAP ROAD, NEWVILLE, PENNSYLVNIA
10. Plaintiffs incorporate paragraphs 1 through 9 above as
if set forth in their entirety.
11. The parties acquired title to the property known as the
'-Home Farm'' located at 870 Doubling Gap Road, Newville,
Pennsylvania, 17241, (tax parcel # 15-05-0413-036) said property
made up of two tracts and conveyed to the parties by two deeds
from Paul E. Harvey, et ux, both deeds dated December 23, 1983 an
recorded on December 23, 1983 in the Office of the Recorder of
Deeds of and for Cumberland County. The deeds are recorded at
Deed Book "M'' Volume 30, Page 950 and Deed Book "M'', Volume
30, Page 954, wherein said Paul E. Harvey, et ux, conveyed all
that certain tract of land situate in Lower Mifflin Township,
Cumberland County, Pennsylvania, more fully described in the
Deeds attached hereto, incorporated herein and marked Exhibit
"B" and Exhibit "c,, respectively, unto the parties as tenants
in common, each to hold an undivided one-forth interest therein.
12. No persons other than the parties to this Partition
Action have an interest in the said property, which is presently
unoccupied.
13. No partition or division of the above-described
property has ever been made.
WHEREFORE, Plaintiffs pray that the Court decree partition
of the real estate and the share or shares to which the
respective parties are entitled be set out to them in severalty
and that all proper and necessary conveyances and assurances be
executed for carrying such partition into effect; and that, if
said real estate cannot be divided without prejudice to or
spoiling the whole, such proper and necessary sale or sales of
the same may be made by such persons and in such a manner as the
Court may direct. The Plaintiffs also pray the Court to order
such other further relief as may be just and proper.
COUNT III
PREMISES - MOUNTAIN GROUND
14. Plaintiffs incorporate paragraphs 1 thorough 13 above
as if set forth in their entirety.
15. The parties acquired title to the property known by the
parties as "the mountain ground'' (tax parcel #15-03-0057-006)
by deed from Paul E. Harvey, et ux, dated December 23, 1983 an
recorded on December 23, 1983 in the Office of the Recorder of
Deeds of and for Cumberland County at Deed Hook "MI, Volume 30,
Page 952, wherein said Paul E. Harvey, et ux, conveyed all that
certain tract of land situate in Lower Mifflin Township,
Cumberland County, Pennsylvania, more fully described in the Deed
attached hereto, incorporated herein and marked Exhibit " D ",
unto the parties as tenants in common, each to hold an undivided
one-forth interest therein.
16. No persons other than the parties to this Partition
Action have an interest in the said property, which is presently
unoccupied.
17. No partition or division of the above-described
property has ever been made.
WHEREFORE, Plaintiffs pray that the Court decree partition
of the real estate and the share or shares to which the
respective parties are entitled be set out to them in severalty
and that all proper and necessary conveyances and assurances be
executed for carrying such partition into effect; and that, if
said real estate cannot be divided without prejudice to or
spoiling the whole, such proper and necessary sale or sales of
the same may be made by such persons and in such a manner as the
Court may direct. The Plaintiffs also pray the Court to order
such other further relief as may be just and proper.
Date: ?, 1999
By: Lo?z Lze-?
Dale F. Shughart, r. Esquire
ID #19373
35 East High Street, Suite 203
Carlisle, PA 17013
(717) 241-4311
Attorney for Plaintiffs
VERIFICATION
I, the undersigned Plaintiff, hereby verify that the facts
set forth in the foregoing Complaint are true and correct to the
best of my knowledge, information and belief, and understand that
false statements herein are made subject to the penalties of 18
Pa. C.S. 54904 relating to unsworn falsifications.
n " , zJ.n ti
August 1999 D nald P. Harvey
?_,
VERIFICATION
I, the undersigned Plaintiff, hereby verify that the facts
set forth in the foregoing Complaint are true and correct to the
best of my knowledge, information and belief, and understand that
false statements herein are made subject to the penalties of 18
Pa. C.S. §4904 relating to unsworn falsifications.
August 1999 Kenneth L. Harvey
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Lur-wn.ru6s V-1. "..,I Ad .1 11..1. lh-.
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IiEC:". 1< .:F`DcE05
Dreb?C 29 Pl1 2 90
q y evnbe,
MADE THE rC 3 /4 day of ?/?' In the year
of our Lord one thousand nine hundred [?f9h'y? ?/i/cC
BETWEEN Paul E. Harvey, et uz
Granlor ,
and Phyllis H. Randolph
Fat, H. Kac®erer
Kenneth L. Harvey
Donald P. Harvey
Grantee ,
WITNESSETH, that in consideration of One (41.00)
' Dalian, •}
in hand paid, the receipt whereof Is hereby acknowledged, the said grantor s do hereby grant and
convey to the said grantee a ,
All that certain tract of la:ad situate in Lower Mifflin Township, County of Cumb-
t erland and State of Pennsylvania, bounded and described as follows, to wit,
Beginning at a stone in the public road at lands, formerly of John Re Fsilor
and Hezekiah Poylos, dooeaaed, now Mervin Warner and Charles Nailor, thence by
lands of the said Nailor south 68 degrees, 30 minutes west 91 perches to a stake;
thenoe by lands, formerly of Issao Burkhart, now Dewey Nelson, north 44 degrees,
30 minutes west 10 perches to a stake; thence north 51 degrees, 30 ndnatss west
34.4 perches to a stake; thence north 35 degrees west 12.1 perches to a stake;
thence north 58 degrees west 50.7 perohes to an oak otump; thence by lands former-
ly of William Folson, now Russell State, north 60 degrees, 45 minute, pact 16.1
perohes to a stone; thenoe north 15 degrees went 39.9 perches to n fence post;
thence by the same and lands formerly Leo Gregor, now Clyde C. Noidigh, north 24
degrees, 15 minutes seat 81.4 perches to a atekba; thenoe by lands, formerly of
Walter R. Parriok, now , south 46 degrees, 30 minutes easb 10.6
perches to a stakis; thence north 59 degrees east 40.3 perohea to a stake; thence
south 30 degrees east 5.1 perohes to a point; thence north 67 degrees, 15 min-
uteseast 25.5 perohea to a stone; thence by lands of John R. Tailor now Mervin
Warner, south 2 degrees wsst 28.4 perches to a atone; thenoe south 52 degrees,
15 minutes east 60.5 parches to hickory tree; thence south 70 degrees east 23
perches to a stone; thence south 311 degrees, 30 minutes west 52.7 parishes to a
atone at the aforesaid uublio road; thence south 18 degrees east 14.6 porches to'
a stone in said road; thence south 27 degrees, 30 minutes east 50.3 parches to
a atone, the place of beginning. Containing one hundred and forty (140) acrese
and thirty-eight (38) perches.
Eeing the same treat of land that the heirs of John D. Cutshall by their deed
dated the 27th day of Mersin, 1920 and recorded in duedbook Z. Voluma8 , page 190
toDavid A. ilailor.
To.ether with all and singular the buildings, improvements, ;roods, nays, rights,
liberties, privileges, hereditaments and appurtenances to the same belonging, or
in anywise appertaining and the rovsrsione, rantaiudnr and recaindors, rants,
issues and profits, thereof, and of every part and parcel thereof; and also, all
the estate, right, title, interest proporty possession, claim and demand whatso-
ever, both in law and equity, of the said party of the first part, of, in and to
the said premises, with the appurtenances,
To have and to hold the said premises, with all and singular thn appurtananoes
said purtios of the seoond part, their heirs and assignor to the only proper use,
benefit and behoof of the said parties of the second part, their heirs and assigns
forever.
And the said Paul E. Harvey at we do by these presents covenant, grant and agree
to and with the said parties of the second part, their heirs and assigns forever
that he the said Paul E. Harvey, at ux, their heirs, all and singular the .?
AND the said grantor hereby covenant and agree that they and each of them will warrant
(e> the property hereby conveyed.
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IN WITNESS WHEREOF, said grantor hu
the day and year First above written,
isms, )Evsdrs ni11, jidiurrek
in Ilp jlrnaue of
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.._..._.....,,..-...-.........__...._.._.._.
Stale of ??zly/?d)?J .G.
County of ea.97?r•/G'Iv?
On this, the a3'?-
hereunto lei
L-,/Le-
the day of undersigned oRlcer, personally appeared ` U?/ rF Af*v ,j
hand and seal
i1
19 O } before me,
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r
known to me (or satisfactorily proven) to be ilia person whom name /J^ itibsuibed to Ilia wilt.
In instrument, and acknowledged that /IQ executed same for the purposes Ihervln contained.
IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. • r. (?
v`"""11CkdIPif_! .._U? ? .._._ ..... yam' ?'0h`.
. w std aun1Y. Gr164,..fa, !4
J.'r G•.eifmrr.n Ki iln5'1)'•'ediY'eY?An.l ) .: \s'a+ :•
Vile 'of
do hereby certify that the precise residence and complete pass ?of(i?o?siQdrlu,of? ;• J : •ti
the within named grantee is • ???. p 1 I r .).t l1 . .
19 Attorney for
'R?.!.-...`r...),/J<y?..._._.
D ) f o
II
hereditiments and promisee herein above described and grarted or mentioned and
intended so to be. with the appurtenances; unto the said parties of the second
part, their heirs and assigns against them the said Paul E. Harvey at tux, their
heirs, sued against all and every other person or person whomsoever lawfully
claiming or to olaim the game or any part thereof, shall and will generally
warrant and forever defend.
In witness whereof, the said party of the firat part to these presents has
hereunto set their hands and seal.
,l
COMMONWEALTH OF PENNSYLVANIA
•?'?' r?
County of .?.?e..V..?fe[e`?E.'K..._..... ........ r•
RECORDED on This ..... _...-.___ _. N /x.C' '• "J '
................ day of ..... ..._..., ....... e....-._.. ,..
A. 0. 19...(x/.-..., in the Recorder's office of the said County, in,Ueed, Boo .??•'
3d q? J.J •:
Vol. Pape .._.__._.__. .. n .
's Given under my hand and,th?e se-all of the told ofllgq-kisc dote above written.
Velez -1-`
.._.-_.._._...__-._.__._..____._.__ .-..._...._...._._...., Recorder.
I npl??)? nP:r Q:J7
s01mT-wnrr.nty neol. Shut F-on. Art .11001. elnp. Sher.
Ilrny 11.11, Inc., InAi.n., 11.
j.fly ? ?:I: ilvA lh.' It.v
?l+) J ?`{I?' '+!11;LGi(t.r.?!7CriU:1i'i-?A.
,,° 'U3 DEC 23 Pi. 2 39
MADE THE day of ??•'p?af.lXY
In the year
of our lord one thousand nine hulldrad Pr3A/i j -y!n•vC
BETWEE%ul 's. Harvey
Grantor ,
andPhyllis H. Randolph
Fee H. Kawn.,rar
Kenneth L. Harvey
Donald PI Harvey
Granges .
WITNESSETH, that in consideration of One ($1.00)
Dollars,
in hand paid, the receipt whereof is hereby acknowledged, the said grentor Me hereby grant and
convey to the said grantee a ,
7litnesseth, that in consideration of one ($1.00) dollar in hand paid, the re-
ceipt whereof is hereby acknowledged, the amid grantor does hereby grant and con-
vey to the said grantees.
All that certain trust of land situatod in the To:nahip of Lower Mifflin,
County of Cumberland and State of Pennsylvania, boundod and described as follows,
to wits
Beginning at a white oak on the Hank of the Big Run, thence by lands formerly
of ;'rs. E. ;:. Altar now tire. Charlotte Richards, north 70j degrees East 207
nerehoe to a bL:ak oal•:, thence by lands of Gaorre Chestnut, north 4.S.Cogre3s West
67 oarohes to atones, thence by lands of John Rickabaugh, heirs of Joseph Salis-
bury, and 3va Crossler Worth 78 degrees Treat 34? perohse to a hickory tree,
thonoo by lands formerly of Mrs. E. M. Alter now !'rs. Charlotte Richards, South
50t ]agrees 'Nest 47. 3/4 parches to a white oak; thence south 41 degrees Beet 291
perchea to a white oak stump; thence south 551 degrees west, 76 perches to a
white oak stump; thence south 88, degrees :last 4:3 3/4 porches to the Edg Run;
thence down the snre, South 21 degrees west 0 3/4 perches South 9 degrees -%at
11 perchas nn-l Soutn 13 degrees Fast 144.- perches to the White Oak tree, the place
of beginning. . '
Containing seventy-four acres and eighty-tour parches, more or less.
icing the same land that the hairs of Slargerot Dlean by deed of 4th of April
1891, recorded in Died Took (1, Vol 4, Page 207, 00117eyed to Jeremiah D. Miller,
who dying intestate and seised of the same by proceedings had in the Orphans'; .
Court of Cumberland County, the Clerk of the Orphans' Court exeoutod a deed of
t
date 9th of February, 1!15 and recorded in Deed Book F, Vol 8, Page 552, to asry
C, `.filler whe by deed of 25th of Parch, 1922 and recorded is Deed B)ok J, Vol 9,
Page 566, conveyed the wine to the present grantor. .
And the unid grantors do hereby covenant that they will 7larrent Generally the
property hereby conveyed.
AND the said grantor hereby covenant and agree that they and each of them will warrant
c• 1. . r the properly hereby conveyed.
'P, rr sool 0 0,rr I-)rJ
?C'Xrt?is? ;
IN WITNESS WHEREOF, %aid grantor I,o
the day and ycor RN above written,
pipnrh, ,9ruhk mrh DrliuerrE
in flit (lrnnur al
hereunto/,I hand and seal
.._.......__.._._...._.._............ . eA LA LA
.
?1y f ____..._................ ...........................
Slate of
County of ??L'•?7Ja'?c?ruF•°'
On this, the j3l•? day of Q'-"Cs Fnrli('? 19JY, before me,
she undersigned 0MCer, personally appeared /?w/ lle'-P-
known to me for soltsfacbrily proven) to be the person whose name If subscribed to she IN.
In instrument, and acknowledged [hot Ilt' executed same for the purposes therein 6 yMf 'ed
IN WITNESS WHEREOF, 1 hereunto set my hand and official seal.
fac
' M!mlq r: qre;+i r•.al,lnn:uunly, galnk, Pt.,•n' hV( fe ??
Title of
6Hlger: ', .•'
do hereby certify that The precise residence and complete post once oddrei!"ty1
the within named grantee is •(
19
Attorney for _......_...------- --
Y F.
J
J
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COMMONWEA OF PENNSYLVANIA
/ss.
County o _..?:.5-'?.[w_?_...._.
RECORDED on this _....._._._.__iPfLJl......._ day%f'„1.__./-'Ct?/v_' w?t...t?
A. D. 19...!...., in the Recorder i nRce of Ihc''i6fa County, in Deed Boak`'9-7
Vol. page
:.
Given under my hand and 1 al of the said r<e, tR `'chute above wrglen:
GoOh/wIl nn •n%?` (-)`•?
f+IAIT-N--ty ii+i. 9bnt 1'mm. Ad nl 1111, Fln,b m,w,.
111.11 1411. Inn. 1 ullu.4 1•..
-I L
'83 DIR 23 P11 2 40
MADE THE .j /d day of v0(+Pin(jN' In the year
of our Lord one thousand nine hundred a/?f?i /? •%hirC,
BETWEEN
Paul E. Harvey Gras; . for
end Phyllis R. Randolph
Fee H. Kaomerer
Kenneth L. Harvey
Donald P. Harvey
GranNS ,
WITNESSETH, that in consideration of One (51.00)
Dolton,
in hand paid, the receipt whereof is hereby acknowledged, the said grantor do es hereby grant and
convey to the said grantee a ,
All that treat of land situated in the Township of Lower Mifflin, county of
Cumberland and State of Pennsylvania, bounded and described as follows, to wit;-
Beginning at a corner of lands of Furl 1411ler and George Chestnut at a
fallen black oak; thence South 1 degree east 35.7 perches to a stone; `thence
south 56 degrees Tient 71 perches to a stone; thence north 31 degraga&.4 perches
to an Elm, thence by land of Harry Parriak, south 56J degrees west 60.5 perches
to a stone in the middle of the State Road, thence up the State Road, north
372 derxois.i west 10.7 perches to a store in the mir:llp of the said road; thence
by the sanne North 26 t/4 dngreet V7nst 56 per'ohes to a atone in the nlddln of the
road ut• lands iurmerl'., of &rl 14111e.^; thence by the sane, North 74 degreaa
oast 152.5 porchaa to the place of beginning. Containing 43 norea more or Lisa.
AND the said grantor hereby covencnt and agree that they and each of them will warrant
1 a 4. r• /? the property hereby conveyed.
?0?'Ii /?? n?rr ?j•2
`'
IN WITNESS WHEREOF, said grantor ho
the day and year first above wrtgen.
p'Innfk. kr:drh mph }lrlioaek
in III, jlrcvnre of
hereunto set hand and seal
%OTW
Stole Of/ C?rYlf%IL'?' •),c.
//?? }
County of CU ss.
r,r Lis. R%`^? 1
On this, the day of 190p-3 , before me,
the undersigned officer, personally appeared /?
known to me (or satisfactorily proven) to be the person whore name subscribed 10'hfoCwilfl"•""f
In instrument, and acknowledged that AG e>aeeuted same for the purposes Iherein cenioinYd:
IN WITNESS WHEREOF, I hereunto set my hand and official seat.
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Reenr! r cl Mrtls, Cv abntl CO?n Wlltfn, /,. •' es -. „ i '
My gNnmhdnn [is;ms This ilnl Mond" of Jse. 1980 ' rJ ??•
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do hereby certify that the precise residence and complete post office address of
the within named grantee is
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COMMONWEA H OF PENNSYLVANIA "' ?•
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RECORDED on this day of _/VlX?F.?su• ""' •'?
A. D. I9.....?....., in the Recorder', olgce of the said County, in Deed Botlk'
Vol. page
Given under my hand and the seal of the said once, the date above written.
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MADE THE day of oe EPMb?
of our Lard one Ihounend nine hundred¢rye yy - YAirt In the Year
BETWEEN Paul E. Hervey of the Township of lower Cifllia, County of Cumberland
end Ste to of Peanaylnnln, Grantor of the first part
Gns"Ito ,
and phyll In H. Randolph, Pee H. Namm...% Kennoth L, Harvey, a Donald P, Harvey,
of the State of Pnumylvania, Gran ten, parties of the second part
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WITNESSETH, that In eonrlderallon of One (1.00) Dollar
In hand paid, the r...iP1 whueof b hereby acknowledged, the raid Dollar,
onv.Y to the eetd ante. granter does hereby gent and
described ns or follows s) r ALL that certain treat of woodland situate bounded and
BEGINNING at a pile of atone. by lands formerly of very Hitohelll thence by the
an.. And otl or lands, North Fifty-four and One-fourth (E4}) degrees net One
lands Hundred of Xty-one and Three Tenths (141 3/30) perohee to a stones thence by
dahm Enk.r Estate, North Fifty-five degrees Fhet Twelve and Nine-
Tenths (12 9/00) perches to a Stone by lands of W. H, Rearm, d...... di then..
by the same, South Fifty-three and One-fourth (53}) degrees Feat One Hundred
Thirty-aix and Four Tenths (136 4/10) perohee to a atono, thence by lands for-
merly of Robert Viddlotun, Can. South Twenty-four (24) degrees West Twelve and n
Nine-Tenths (12 9/10) parches to the place of 6Eo41RING. CONTAINDIO Ten (30) -
acres and fifty-nine (59) porches, strict amours.
BRING TPE amn:e treat of land which Roy G. Shettel at ux by their dead dated December
21. 1943 and recorded In the office for the recording of deeds in and for the County
of Cumberland in Dead look 'R', Vol 12, page 573 conveyed to Harry S. Millar, one
of the grantors herein.
AND the old granter herby aa..... I and agree that they and each of Them wits wananl
generally the PI.P40, herby a.,,sy.d.
5007TO °6fe 9.1")
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IN WITNESS WHEREOF, told granlar ho
! Ih. day and 1.., Rrm abov w6lwa,
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In LIP pnrtnu A
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County of L"?J'i ?''(°. ? p
On Ihh, the / day of ;Prp,,6i- y , 1993 , bNor. me.
the uad...ig..d oRSr, perorally appeosd Paul E. Harvey
hnawn to m. I., ralbfaclailY proven) to be the perHn wha o name to tub... bod'io iAp'Wit„•
I. imlrvmenp and acinawhdged Ihot ""I'd ram' For IM ParPOIU th rill<op91A. d1,)` ,
IN WITNESS WHEREOF, I her..nlo Iel my hand and oRcial Hal. ; t'?•"'
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I do hereby perdfy that the foods. .,idea
co and complete Par' 6VsPgqtldQ/'iu bf,i
the within named promo h jorear DlTflln TceiashhlWp?. CCummomand County: `Ping},YlAaiit.:•'
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RECORDED an thls day of -ZS?l?•?
A. D. 19_a in the Remrdni aAke of the sold County, in Deed boo7-72
Vol. - 3e .Page rU Hr. )3 11! S i:i)
Gben under my hand and ..I of the said Ollie. the date obon'wmto.
w 1, he.-LOEe'Gt?-? Recorder.
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Nov 0 9 1999 b?
DONALD P. HARVEY and KENNETH
L. HARVEY,
Plaintiffs
V.
PHYLLIS H. RANDOLPH and
FAE H. KAMMERER,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO 99 - 4785
IN EQUITY
IN PARTITION
ORDER
AND NOW, this // t day of ?}lG2^G??zlc.';1/ 1999, pursuant to the
attached Stipulation of Dale F. Shughart, Jr. Esquire, attorney
for Plaintiffs, Donald P. Harvey and Kenneth L. Harvey, Roger B.
Irwin, Esquire, attorney for Defendant, Fae H. Kammerer, and
Mark C. Reilly, Esquire, attorney for Defendant, Phyllis H.
Randolph, it is HEREBY ORDERED and DECREED as follows:
1. Partition of the following four tracts of real property
located in Lower Mifflin, Cumberland County, Pennsylvania, known
and numbered as: 1) the "Nailer Farm", 455 Shed Road, Newville,
Pennsylvania 17241, tax parcel #15-05-0413-023; 2) the "Home
Farm", 870 Doubling Gap Road Newville, Pennsylvania, 17241, tax
parcel #15-05-0413-036 (said property being comprised of two
separate tracts) and 3) the "mountain ground", tax parcel #15-
03-0057 is hereby directed.
2. The names of the co-tenants and the nature of their
interests are as follows:
a. Donald P. Harvey, tenant in common, 1/ interest;
b. Kenneth L. Harvey, tenant in common, X interest;
c. Phyllis H. Randolph, tenant in common, 1/ interest;
d. Fae H. Kammerer, tenant in common, 1/. i nterest.
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Pursuant to Pa. R.C.P. No. 1558, the parties together with
their respective counsel shall appear for a preliminary
conference at Courtroom No. -Z-, Cumberland County Courthouse.
Carlisle, Pennsylvania at o'clock y .m., on
the /?Zh day of ['?L raLc(' ? 1999 tc
consider the following:
1) whether the parties can agree upon a plan of partition
or sale;
2) the simplification of the issues;
3) whether any issues or matters relating to the carrying
out of the Order of Partition shall be referred to a master; and
4 such other matters as may aid in the disposition of the
action.
By the Court:
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DONALD P. HARVEY and
KENNETH L. HARVEY,
Plaintiffs
V.
PHYLLIS H. RANDOLPH and
FAE H. KAMMERER,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 4785
IN PARTITION
STIPULATION FOR ENTRY OF
ORDER OF PARTITION AND
SCHEDULING OF A PRELIMINARY CONFERENCE
The parties hereto, by their respective attorneys, the
undersigned, hereby agree that there are no issues of fact or law
for determination by the Court in regard to the Plaintiffs,
request for an Order of Partition pursuant to PA R.C.P. 1557.
The parties hereto therefore request entry of an Order of
Partition and scheduling of a preliminary conference as required
by PA R.C.P. 1558, as attached h reto.
Date: / i
Dale F. hugh Jr. Esquire
Supreme Court I.D. 1 73
35 East High Street, Suite 203
Carlisle, PA 17013
(717) 241-4311
Attorney for Plaintiffs
Donald P. Harvey and
Kenneth L. Harvey
Date: (JLL6t. (9v9
Mark Rei 1 E quire
Supreme Court 66163
Fenton House
408 South State Street
Newtown, PA 18940
(215) 968-2701
Attorney for Defendant
Phyllis H. Randolph
1
Date: er 6:511 9, /ill
IRWIN, MCKNIGHTT & HUGHES
L>al?jovn
oger B. Irwin, Esquire
Supreme Court I.D. 06282
Mark D. Schwartz, Esquire
Supreme Court I.D. 70216
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-222353
Attorneys for Defendant
Fae H. Kammerer
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Vii. _
DONALD P. HARVEY and
KENNETH L. HARVEY,
Plaintiffs,
V.
PHYLLIS H. RANDOLPH and
FAE H. KAMMERER,
Defendants.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 99 - 4785
IN PARTITION
PRELIMINARY CONFERENCE MEMORANDUM OF
DEFENDANT FAE H. KAMMERER
PROCEDURAL HISTORY:
On or about August 9, 1999, the Plaintiffs in this action filed a Complaint for Partition for
three properties all situate in Lower Mifflin Township, Cumberland County, Pennsylvania.
Defendant Kammerer was served with a copy Plaintiffs' Complaint for Partition on or about
August 31, 1999. The three properties consist of one farm of approximately 140 acres
commonly referred to as the "Nailor Farm," another farm of approximately 117 acres commonly
referred to as the "Home Farm," and certain mountain ground property of approximately 10
acres. The parties to this action are four siblings each of whom by deeds dated December 23,
1983 own an undivided one-quarter interest in each of the properties as tenants in common.
On or about November 9, 1999, a Stipulation was entered in this matter whereby counsel
for all parties consented to an Order of Partition. On or about November 11, 1999 and pursuant
to the signed Stipulation, a partition of the three properties was granted by this Court. Pursuant
to Pa.R.C.P. No. 1558, a Preliminary Conference was also thereby scheduled for December 13,
1999 at 9:45 A.M. to consider whether the parties can agree upon a plan of partition or sale or the
simplification of the issues, whether any issues or matters relating to the carrying out of the
Order of Partition should be referred to a Master, and such other matters as may aid in the
disposition of the action.
II. FACTUAL HISTORY:
Paul E. Harvey is the father of all of the parties to this action. On or about December 23,
1983, the said Paul E. Harvey executed deeds for the three subject properties thereby transferring
ownership to his four children, the parties to this action. Initially the parties agreed that they
should retain ownership of the subject properties until after the decease of their father. Since the
time of Mr. Harvey's decease, the parties have been unable to reach virtually any type of
agreement with regard to the disposition of the three properties.
In early 1998, the Plaintiffs authorized Defendant Kammerer to hire an appraiser to
determine the fair market value of the two farm properties. Larry E. Foote, Diversified Appraisal
Services, was selected to perform the two appraisals of the farm properties. The appraisals were
completed on May 5, 1998, and have been provided to all parties. The "Nailor Farm" property
was appraised at the value of $284,000.00, and the "Home Farm" property at the value of
$258,000.00. Defendant Kammerer paid for all expenses associated with the appraisals.
Defendant Kammerer and her husband have made numerous attempts to purchase the
"Home Farm" property from Plaintiffs and Defendant Randolph. Defendant Kammerer and her
husband have maintained the "Home Farm" and have made repairs to the property on a regular
basis. They also retain a strong desire to keep the land within the ownership of the Harvey
family. In response to certain oral and written statements previously made by Plaintiffs, on or
about August 10, 1999, Defendant Kammerer offered to purchase the "Home Farm" property for
a total of $246,450.00, or $61,612.50 for each of the other three siblings. At the time of this
offer, Defendant Kammerer was unaware that Plaintiffs had already filed their Complaint for
Partition. Because no transfer tax or realtor commissions would be due for a transfer among
2
siblings, under the terms of this offer Defendant Kammerer's three siblings would have received
more for each of their one-quarter interests than they would receive had the property been sold to
a third party at the appraised value. Nevertheless, Defendant Kammerer's offer was summarily
rejected by Plaintiffs.
Although Plaintiffs and their counsel have repeatedly stated that they have no desire to
purchase and retain the "Home Farm", they now refuse to sell the property to Defendant
Kammerer for anything less than the appraised value even though in such a sale no commissions
or transfer taxes would be due.
The parties continue to be unable to agree to proper disposition of the three properties
despite continued good faith negotiations by Defendant Kammerer and her counsel.
Furthermore, the parties have not agreed as to the disposition of certain personal property owned
by their father, Paul E. Harvey, which still remains on the subject properties.
III. STATUS OF SETTLEMENT NEGOTIATIONS:
Under Pa.R.C.P. No. 1560, partitioned property shall be divided into purparts if division
can be made without prejudice to or spoiling of the whole, in accordance with the procedure set
forth under that rule. Plaintiffs and Defendant Kammerer agree that the interests of the parties
will not be served should the properties be divided into purparts.
Plaintiffs and Defendant Randolph have most recently offered to purchase Defendant
Kammerer's one-quarter interest in the "Home Farm" property for one-quarter of its appraised
value, or $64,500.00. The remaining properties would be listed for sale with a licensed real
estate broker. Plaintiffs and their counsel believe that the issues are clear and simple.
Defendant Kammerer believes that absent protracted negotiations the parties will
continue to be unable to agree to a resolution of the outstanding issues, namely: 1) The proper
list price for the properties; 2) The proper disposition of the properties in the event no third party
3
buyers are found within a reasonable time of listing the subject properties with a broker; 3) The
proper resolution to any potential right of access problems to the mountain ground property; and
4) The disposition of Paul E. Harvey's personal property remaining on the subject properties.
Plaintiffs' counsel clearly understands that these issues pose at least potential problems as he
requests in his Memorandum that the right be reserved for any party to petition for another
conference before the Court should they feel that any other party or parties are not cooperating in
the sale of the properties.
Plaintiffs and Defendant Randolph now appear to be in agreement to purchase at least a
part of Defendant Kammerer's interest in the properties. In an effort to avoid protracted
negotiations and potential continued involvement of this Court Defendant Kammerer proposes to
accept purchase of her one-quarter interest in all three properties by the other parties to this
matter.
IV. CONCLUSION
For the foregoing reasons, Defendant Kammerer will request that the parties agree to the
following actions and that this Honorable Court order and direct that the following actions be
taken at the Preliminary Conference:
That Defendant Kammerer's one-quarter interest in the "Home Farm" and "Nailor
Farm" properties be sold to Plaintiffs and Defendant Randolph for one-quarter of the appraised
values as determined by the appraisal performed by Larry E. Foote on or about May 5, 1998;
2. That Defendant Kammerer's one quarter interest in the mountain ground be sold
to Plaintiffs and Defendant Randolph for that price as may be agreeable among the parties; and
4
3. That Defendant Kammerer be reimbursed by Plaintiffs and Defendant Randolph
the amount of $600.00, which sum equals three-quarters of the cost to Defendant Kammerer for
the appraisals performed upon the two farm properties.
Respectfully Submitted,
IRWIN, McKNIGHT & HUGHES
Mark D. hwartz, EsquireL-
Supreme Court I.D. No. 70216
Douglas G. Miller, Esquire
Supreme Court I.D. No. 83776
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Date: December 10, 1999 Attorneys for Defendant,
Fae H. Kammerer
DGMILLERTROPERTY LA\NKAMMERER?PLEADINGS\PRELIMINARY CONFERENCE MEMORANDUM
DONALD P. HARVEY and
KENNETH L. HARVEY,
Plaintiffs
V.
PHYLLIS H. RANDOLPH and
FAE H. KAMMERER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 4785
IN PARTITION
MEMORANDUM FOR PRELIMINARY CONFERENCE
1. INTRODUCTION
The undersigned represents the Plaintiffs, Donald and
Kenneth Harvey, who filed and obtained judgment in a partition
action against their sisters, Phyllis Randolph and Fae Kammerer.
The preliminary conference pursuant to Pa. R.C.P. 1558 is
scheduled before Judge Hess at 9:45 a.m. on Monday, December 13.
II. DISCUSSION
The four parties to this lawsuit are siblings who each own a
one-quarter tenant in common interest in two farms and a tract of
mountain ground in Lower Mifflin Township. Since they acquired
the properties in December, 1983, 17 years ago, they have been
unable to agree upon what to do with the properties.
A year and a half ago, in May, 1998, Defendant Fae Kammerer
hired Larry E. Foote, Diversified Appraisal Services, to appraise
the two farms. Those appraisals were provided to all owners.
The mountain ground has not been appraised, and there may be
title and/or access problems, according to Defendant Kammerer's
attorneys.
The purpose of the Preliminary Conference is to determine
the issues and resolve matters, if possible; if not possible, to
appoint a Master. It is the position of the Plaintiffs (and
Plaintiffs believe Defendant Randolph agrees) that there are no
issues to refer to a Master.
The Plaintiffs and Defendant Randolpb are prepared to
purchase the interest of Defendant Kammerer in the "Home Farm"
property for the full appraised value of the property. The offer
has been communicated to attorneys for Defendant Kammerer.
Defendant Kammerer's counsel have made it explicitly clear, in
writing, that Mrs. Kammerer does not believe the property is
worth the value of the appraisal. Under the circumstances,
Plaintiffs do not foresee how she could not complain about a
purchase of her interest in the property for the full appraised
value. Under the circumstances Plaintiffs (and it is believed
Defendant Randolph) pray Your Honorable Court to order and direct
Defendant Kammerer's interest in the "Home Farm" property be sold
to Plaintiffs and Defendant Randolph in accordance with standard
terms of a real estate transaction.
2. The Pennsylvania Rules of Civil Procedure provide that
although the property may be divided into purparts of equal or
unequal value, any party may object to the proposed allotment, in
which event the property will be placed for sale with bidding
restricted to the parties. (Pa.R.C.P. 1563, 1566(c)). If no one
purchases at a private sale, the property is sold at public or
private sale. Pa. R.C.P. 1568.
The Plaintiffs have advised the Defendant Kammerer's lawyers
that they will not agree to division into purparts and that they
are not interested in bidding upon the "Nailer Farm" or the
mountain ground. Defendant Randolph has similarly advised
Defendant Kammerer that she is not interested in purchasing those
properties. Plaintiffs believe that Defendant Kammerer is also
not interested in purchasing those properties.
Therefore, the property should be sold at either public or
private sale. Plaintiffs believe that the property should be
listed for private sale with a realtor, the Nailer farm for its
appraised value; and that the parties should work with the
realtor to determine a reasonable sale price for the mountain
ground. The right should be reserved for any party to return to
Court should they feel that any other party or parties are not
cooperating in the sale of the property.
Plaintiffs believe that it would be a waste o` their money
to have a Master appointed when the issues in this case are so
simple. should this matter proceed further or should a Master be
appointed at request of Defendant Kammerer, Plaintiffs will be
petitioning that all costs and fees, including their reasonable
counsel fees, be imposed against Defendant Kammerer and
subtracted from her share of the proceeds of the sale of the
property.
III. CONCLUSION
For the foregoing reasons Plaintiffs will request Your
Honorable Court to order and direct the following actions at the
Preliminary Conference:
1. That Defendant Kammerer's interest in the "Home Farm"
property be sold to Plaintiffs and Defendant Randolph for its
appraised value as determined by the appraiser hired by Defendant
Kammerer;
2. That the Nailer farm be listed for sale with a licensed
real estate broker at its appraised value as determined by the
appraiser hired by Defendant Kammerer;
3. That the parties endeavor to agree upon a list price for
the mountain ground working with a licensed real estate broker
based upon the actual status of title, as determined by one
attorney working on behalf of all parties, whose reasonable fees
in regard to such title work will be deducted from the gross
proceeds; and
4. That any party shall have a right to petition for a
further conference before the Court should the parties be unable
to agree upon a list price for the mountain ground or a fair sale
price for the "Nailer Farm" or the mountain ground.
espequgfh2submJrkted,
Dale e F, Jr.
35 East High Str
eet, Su' a 203
Carlisle, PA 17013
(717) 241-4311
Attorney for Plaintiffs
Donald Harvey and
Kenneth Harvey
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MARK C. REI.LLY, FSQUIRB, P.C.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DONALD P. HARVEY and
KENNETH L. HARVEY No. 99-4785
Plaintiffs
V.
IN EQUITY
PHYLLIS H. RANDOLPH and IN PARTITION
FAE H. KAMMERER
Defendants
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
COUNT I
6. Answering Defendant incorporates Paragraphs 1 through 5 of Defendant's
Answer as if set forth in their entirety.
7. Admitted.
8. Admitted.
9. Denied. After reasonable investigation answering Defendant is without
knowledge or information sufficient to form a belief as to the averments contained in
Paragraph 9 of Plaintiff's Complaint. Strict proof thereof is demanded at time of trial.
WHEREFORE, Answering Defendant Phyllis H. Randolph respectfully requests this
Honorable Court dismiss Plaintiff's Complaint.
COUNT 11
10. Answering Defendant incorporates by reference Paragraphs 1 through 9 of
Defendant's Answer to Plaintiff's Complaint as if the same were set forth herein at
length.
11. Admitted.
12. Denied. After reasonable investigation Answering Defendant is without
knowledge or Information sufficient to form a belief as to the averments contained in
Paragraph 12 of Plaintiff's Complaint. Strict proof thereof is demanded at time of trial.
13. After reasonable investigation answering Defendant is without knowledge or
Information sufficient to form a belief as to the averments contained in Paragraph 9 of
Plaintiff's Complaint. Strict proof thereof is demanded at time of trial.
WHEREFORE, Answering Defendant Phyllis H. Randolph respectfully requests this
Honorable Court dismiss Plaintiff's Complaint.
COUNT III
14. Answering Defendant incorporates by reference Paragraphs 1 through 13 of
Defendant's Answer to Plaintiff's Complaint as if the same were set forth herein at
length.
15. Admitted.
16. Denied. After reasonable investigation answering Defendant is without
knowledge or Information sufficient to form a belief as to the averments contained in
Paragraph 16 of Plaintiff's Complaint. Strict proof thereof is demanded at time of trial.
17. Denied. After reasonable investigation answering Defendant is without
knowledge or information sufficient to form a belief as to the averments contained in
Paragraph 17 of Plaintiff's Complaint. Strict proof thereof is demanded at time of trial.
WHEREFORE, Answering Defendant Phyllis H. Randolph respectfully requests this
Honorable Court dismiss Plaintiff's Complaint.
Respectfully Submitted:
MARK C. REILLY. ESOUIRE. P.C.
BY:
Attorney ID N66-66h 63
Fenton House 408 S. State Street
Newtown, PA 18940
(215) 968-2701
Attorney for Defendant Phyllis H. Randolph
Phyllis H. Randolph hereby verifies that the statements of fact herein are
true and correct to the best of her knowledge, information and belief. I understand that
false statements herein are made subject to the penalties of 18 P.S. §4904 relating to
unsworn falsification to authorities.
Date: S a G
Phy Ills H. Randolph
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MARK C. REILLY, ESQUIRE, P.C.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
DONALD P. HARVEY and
KENNETH L. HARVEY No. 99-4785
Plaintiffs
ENTRY OF APP ARANCCE
TO THE PROTHONOTARY:
Kindly enter the appearance of Mark C. Reilly, Esquire on behalf of
Defendant, Phyllis H. Randolph, in the above-captioned matter.
Respectfully Submwee.
V. IN EQUITY
PHYLLIS H. RANDOLPH and IN PARTITION
FAE H. KAMMERER
Defendants
mARK C. R LLY, E;
Attorney ID N&1
Fenton House
408 S. State Street
Newtown, PA 18940
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04785 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
HARVEY DONALD P ET AL
VS.
RANDOLPH PHYLLIS H ET AL
ROBERT L. FINK Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT - PARTITION was served
upon KAMMERER FAE H the
defendant, at 10:40 HOURS, on the 2nd day of September
1999 at 25 PARSONAGE STREET
NEWVILLE, PA 17241 CUMBERLAND
County, Pennsylvania, by handing to FRANK KAMMERER (HUSBAND)
a true and attested copy of the COMPLAINT - PARTITION
together with NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 18.00
Service 7.44
2
Affidavit .00 eooo?-`??
Surcharge 8.00 R.Pnomas ine, 5 tr,-,.fr
X09%03/.HUGHART, JR.
1999
by
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ep y S eri
Sworn and subscribed to before me
this 3,,LA day of,, ,
1999 A.D.
(:?]? Q
rocnonotary
DONALD P. HARVEY and
KENNETH L. HARVEY,
Plaintiffs,
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 99 - 4785
PHYLLIS H. RANDOLPH and IN EQUITY
FAE H. KAMMERER,
Defendants. IN PARTITION
ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter the appearance of Roger B. Irwin, Esquire and Mark D. Schwartz, Esquire
on behalf of Defendant, Fae H. Kammerer, in the above-captioned matter.
Respectfully Submitted,
IRWIN cKNIGHT & HUGHES
oger B. Irwin, Esquire
Supreme Court I.D. No. 06282
Mark D. Schwartz, Esquire
Supreme Court I.D. No. 70216
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
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DONALD P. HARVEY and : IN THE COURT OF COMMON PLEAS OF
KENNETH L. HARVEY, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs,
CIVIL ACTION - EQUITY
V. NO. 99 - 4785
PHYLLIS H. RANDOLPH and IN EQUITY
FAE H. KAMMERER,
Defendants. IN PARTITION
DEFENDANT FAE H. KAMMERER'S ANSWER
TO PLAINTIFFS' COMPLAINT
AND NOW, this 4th day of October, 1999, comes Defendant, FAE H. KAMMERER,
by and through her attorneys, Irwin, McKnight & Hughes, and makes the following Answer to
the Complaint for Partition filed by Plaintiffs, DONALD P. HARVEY and KENNETH L.
HARVEY, averring as follows:
The averments of fact contained in paragraph one (1) of the Complaint are admitted.
1)
The averments of fact contained in paragraph two (2) of the Complaint are admitted.
3.
The averments of fact contained in paragraph three (3) of the Complaint are admitted.
4.
The averments of fact contained in paragraph four (4) of the Complaint are admitted.
5.
The averments of fact contained in paragraph five (5) of the Complaint are admitted.
6.
The above responses of the Answering Defendant are incorporated herein as if fully set
forth.
7.
The averments of fact contained in paragraph seven (7) of the Complaint are admitted.
8.
After reasonable investigation, the Answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments of fact contained in
paragraph eight (8) of the Complaint so they are therefore specifically denied and strict proof
thereof is demanded at trial.
9.
After reasonable investigation, the Answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments of fact contained in
paragraph nine (9) of the Complaint so they are therefore specifically denied and strict proof
thereof is demanded at trial.
WHEREFORE, Defendant Fae A. Kammerer respectfully requests that this Court
dismiss Plaintiffs' Complaint in Partition.
10.
The above responses of the Answering Defendant are incorporated herein as if fully set
forth.
The averments of fact contained in paragraph eleven (11) of the Complaint are admitted.
12.
After reasonable investigation, the Answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments of fact contained in
paragraph twelve (12) of the Complaint so they are therefore specifically denied and strict proof
thereof is demanded at trial.
13.
After reasonable investigation, the Answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments of fact contained in
paragraph thirteen (13) of the Complaint so they are therefore specifically denied and strict proof
thereof is demanded at trial.
WHEREFORE, Defendant Fae A. Kammerer respectfully requests that this Court
dismiss Plaintiffs' Complaint in Partition.
14.
The above responses of the Answering Defendant arc incorporated herein as if fully set
forth.
15.
The averments of fact contained in paragraph fifteen (15) of the Complaint are admitted.
16.
After reasonable investigation, the Answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments of fact contained in
paragraph sixteen (16) of the Complaint so they are therefore specifically denied and strict proof
thereof is demanded at trial.
17.
After reasonable investigation, the Answering Defendant is without knowledge or
information sufficient to form a belief as to the truth of the averments of fact contained in
paragraph seventeen (17) of the Complaint so they are therefore specifically denied and strict
proof thereof is demanded at trial.
WHEREFORE, Defendant Fae A. Kammerer respectfully requests that this Court to
dismiss Plaintiffs' Complaint in Partition.
Respectfully Submitted,
IRWIN, McKNIGHT & HUGHES
ck-
Roger B. rr 'n, Esquire
Supreme ?t I.D. No. 06282
Mark D. Schwartz, Esquire
Supreme Court I.D. No. 70216
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Date: October 4, 1999 Attorneys for Defendant,
Fae A. Kammerer
DOMII.LRRPROPI;RIN'I.AW'KANINII;RI:R ANS\N'I!RIOPARIIIIONCONtI'I.AINI
VERIFICATION
The foregoing answer is based upon information which has been gathered by my counsel
and myself in the preparation of this action. I have read the statements made in this document
and they are true and correct to the best of my knowledge, information and belief. I understand
that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904,
relating to unswom falsification to authorities.
FAG H. KAMMERER
Date: October 4, 1999
CERTIFICATE OF SERVICE
I, Roger B. Irwin, Esquire, do hereby certify that I have served a true and correct copy of
the foregoing document upon the persons indicated below by first class United States mail,
postage paid in Carlisle, Pennsylvania 17013, on the date set forth below:
Dale F. Shughart, Jr., Esquire
35 East High Street
Suite 203
Carlisle, Pennsylvania 17013
(Attorney for Plaintiffs)
Mark C. Reilly, Esquire
Fenton House
408 South State Street
Newtown, Pennsylvania 18940
(Attorney for Phyllis Randolph)
Date: October Y° , 1999 IRWIN, McKNIGHT & HUGHES
3.CL
Roger B. I vi Esquire
Supreme C I.D. No. 06282
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Attorney for Defendant,
Fae A. Kammerer
?DMILLERTORMS'CERT1rCAI E OP SERVICE
y o?
DONALD P. HARVEY and
KENNETH L. HARVEY,
Plaintiffs
V.
PHYLLIS H. RANDOLPH and
FAE H. KAMMERER
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
NO. 99-4785 CIVIL TERM
IN PARTITION
IN RE: TRANSCRIPT OF PROCEEDINGS
Proceedings held before the HONORABLE
KEVIN A. HESS, J., Cumberland County
Courthouse, Carlisle, Pennsylvania, on
Monday, December 13, 1999,
in Courtroom Number 4.
APPEARANCES:
DALE F. SHUGHART, JR., Esquire
For Donald P. Harvey & Kenneth L. Harvey
MARK REILLY, Esquire
For Phyllis H. Randolf
DOUGLAS G. MILLER, Esquire
MARK D. SCHWARTZ, Esquire
For Fae H. Kammerer
i, ? ? ._??
i_`'? ?
1 MR. SHUGHART: May it please the Court, Your
2 Honor, as we just completed discussions in chambers among
3 counsel, I believe that an agreement has been reached which
4 I shall endeavor to state. And if I misstate it, counsel
5 may interrupt or wait until the end to clarify. But there
6 would be five points to an order of court, which is an
7 agreement among the four parties.
8 1. That plaintiffs, Donald P. Harvey and
9 Kenneth L. Harvey, and the defendant, Phyllis H. Randolph,
10 shall purchase the one-quarter interest of the defendant,
11 Fae H. Kammerer, in the home farm property for her share of
12 its appraised value of $258,000.00, with the normal
13 provisions of an agreement of sale regarding proration of
14 taxes, preparation of deed, et cetera. There will be no
15 realty transfer taxes among the siblings. Settlement shall
16 be completed within forty-five days of today's date.
17 2. The parties will list for sale the
18 Nailer farm property and the mountain ground with Stan
19 Spencer of Spencer Realtors, at a list price for the Nailer
20 farm of no less than the appraised value, the parties
21 working with Mr. Spencer as far as determining appropriate
22 list prices and appropriate marketing strategy for the
23 mountain ground.
24 3. The parties will equally divide among
25 the four of them the cost of the appraisals of the Nailer
2
1 farm and the home farm, which have been paid by the
2 defendant, Fae Kammerer.
3 4. That the home farm has on it tangible
4 personal property, which was gifted to the four parties by
5 the father during his lifetime, of which a share belongs to
6 the defendant, Mrs. Kammerer. If the parties have not
7 divided and disposed of this property by the time of
8 settlement, her property may remain on the home farm
9 without any rental fee or other costs until it is disposed
10 of.
11 5. The parties will work through counsel to
12 agree upon a defined plan of sale regarding the list prices
13 for the property and offers, which, if received, will be
14 accepted by all parties, to be entered as a sealed order of
15 court.
16 In the event the parties are unable to reach
17 such an agreement or any other difficulties arise in
18 effectuating the sale of the properties, any party may,
19 upon petition, have a further preliminary conference
20 scheduled before the court pursuant to Pa.R.C.P. 1558.
21 THE COURT: Mr. Reilly, anything you want to
22 say?
23 MR. REILLY: No, Your Honor.
24 THE COURT: Mr. Miller and Mr. Schwartz?
25 MR. MILLER: I just have one clarification.
3
1 I believe he accidently said it was Phyllis Kammerer. It
2 is actually Fae Kammerer.
3 THE COURT: Anything else? We will enter
4 that as an order of court. From the little bit that I have
5 learned about this case this morning, it certainly seems to
6 be a good arrangement. And we applaud counsel and the
7 parties for their ability to find some common ground here,
8 and will remain available to address any other problems in
9 the future.
10 (End of proceedings)
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
4
CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on
the abovecause and that this is a correct transcript of
same.
Barbara E. Graham
Official Stenographer
The foregoing record of the proceedings on
the hearing of the within matter is hereby approved and
directed to be filed.
?iw4a /j I f f
Dates
Kev
n A. Hess, J.
h Judicial District
5
DONALD P. HARVEY and
KENNETH L. HARVEY,
Plaintiffs
V.
PHYLLIS H. RANDOLPH and
FAE H. KAMMERER,
Defendants
Dear Sir:
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99 - 4785
IN EQUITY
IN PARTITION
PRAECIPE
Please mark the above captioned equity action in partition
settled and discontinued.
TO: Curtis Long, Prothonotary
August 1, 2000
Dale F. Shughart, J Esquire
Supreme Court I.D. 19373
35 East High Street, Suite 203
Carlisle, PA 17013
(717) 241-4311
Attorney for Plaintiffs
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