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Home My WebLink About03-3828MARY J. SHOWERS, Plaintiff V GALE E. GLASS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ ~/°1'~ EQUITY ACTION : NO. 2003 - - LAW NOTICE TO PLEAD 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 (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 YOUR LAWYER AT ONCE. 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 717-249-3166 MARY J. SHOWERS, Plaintiff GALE E. GLASS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003 - .~ ~.,~.~ EQUITY ACTION - LAW COMPLAINT Plaintiff, Mary J. Showers, by her attorneys, Broujos & Gilroy, P.C., sets forth the following: l Plaintiff, Mary J. Showers, is an adult individual residing at 217 Peach Glen Road, Gardners, Cumberland County, Pennsylvania. 2 Defendant, Gale E. Glass, is an adult individual currently incarcerated at SCI Waymart, P.O. Box 258, Waymart, PA 18473-0258 in Wayne County, Pennsylvania. Mr. Glass' inmate number is FE7400. 3 Plaintiff and Defendant are the owners of a tract of ground located in Dickinson Township, Cumberland County, Pennsylvania, more fully set forth in the attached Exhibit "A", being the same property being conveyed by deed of Michael G. Kramer and Carol Ann Kramer, dated August 31, 2000 and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 228, Page 442. 4 No person other than the parties to this suit has any interest in the parcel of real estate in question. 5 Plaintiff and Defendant own the parcel of real estate as joint tenants with right of survivorship. 6 No partition or division of the above described real estate has ever been made and, although Plaintiff has repeatedly demanded the Defendant to join with her in making a partition and division of the real estate, the Defendant has consistently refused to join with Plaintiff in making a partition and division of the property'. 7 Plaintiff and Defendant are unable to agree on the ownership and management of the real estate and, for that reason, Plaintiff requests the partition of the real estate. 8 Plaintiff has contributed much more than the Defendant in connection with the acquisition of the real estate and Plaintiff is entitled to other adjustments of a monetary value in connection with any ultimate partition of the real estate. 9 Plaintiff contributed approximately $25,000.00 of her own funds to the down payment for the purchase of the real estate and $15,000.00 for repairs of the real estate. WHEREFORE, Plaintiff requests your Honorable Court to grant the following relief.' A. The Court decree partition of the said real estate. B. That the Plaintiff be awarded as a credit in the distribution of the proceeds of the partition based upon Plaintiff's contributions and other adjustments. C. Upon an appropriate credit allowed to Plaintiff as set forth above, that the share or shares to which the respective parties are entitled to be set out to them and that all proper and necessary conveyances and assurances be executed for carrying such partition into effect; and that, if the parcel of real estate cannot be divided, either in total or separately, without prejudice to or spoiling the whole, such proper and necessary sale or sales of the same be made to such persons and in such manner as your Honorable Court may direct. D. Such other further relief be granted as the court deems just and property. Respectfully submitted, (717) 243-4574 Snpreme Conrt ID No. 29943 Exhibit "A" Legal Description ALL THAT CERTAIN tract of land situate, lying and being in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in said public road at line of lands now or formerly of Mrs. Lloyd; thence by said lands South 41 I/4 degrees East 12 perches to a stone; thence by lands now or formerly of Eugene Weidner North 57 ~ degrees East 16 perches; thence South 42 ¼ degrees East 16.9 perches to a post; thence by a private lane North 61 degrees West 10 perches to a post; thence by the same North 36 degrees West 33.2 perches to a stone in the first mentioned public road; thence along the said road South 62 degrees West 2 perches to a point; thence still n said road by the center line thereof 481 feet to a point; the place of BEGINNING. 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. Section 4904 relating to unsworn falsification to authorities. DATE, Mary J. Showers SHERIFF'S RETURN - OUT OF CASE NO: 2003-03828 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHOWERS MARY J VS GLASS GALE E COUNTY Thomas Kline Sheriff or Deputy Sheriff who being a diligent search and , to wit: duly sworn according to law, says, that he made and inquiry for the within named DEFENDANT GLASS GALE E but was unable to locate Her in his deputized the sheriff of WAYNE serve the within COMPLAINT - EQUITY bailiwick. He therefore County, Pennsylvania, to On August 27th , 2003 attached return from WAYNE Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Wayne County 57.00 .00 94.00 08/27/2003 BROUJOS & GILROY Sworn and subscribed to before me this 3/-~ day of ~ A.D. Prothonotary~ , this office was in receipt of the Sheriff of Cumberland County SHERIFF'S DEPARTMENT WAYNE COUNTY, PENNSYLVANIA COURTHOUSE ANNEX925 COURT STREET, HONESDALE, PA 18431 SHERIFF'S RETURN OF SERVICE Place of Origin: Cumberland County, PA Court Number: 3828-civil-2003 Type of Writ or Complaint: Complaint Plaintiff/s/: Mary J. Showers Defendant/s/: Gale E. Glass #FE7400 Plaintiff Arty: Broujos & Gilroy, P.C. Name of Entity to Serve: Gale E. Glass ~FE7400 Address: c/o SCI Waymart, P.O. Box 256, Waymart, PA 18472 Place of Service: c/o SCI Waymart, P.O. Box 256, Waymart, PA 18472 Date and time of Service: August 21, 2003 10:40 AM I hereby CERTIFY and RETURN that I, Stanley Rudowicz, Deputy, have served person in charge, Roxanne M. Criscera, records Specialist II for SCI, the writ or complaint described upon the above named individual, company, corporation, etc., at the place of service shown above. Witness my hand and seal of office at Honesdale, Pennsylvania this 21st day of August, 2003. So Answers Charles Morelli, Sheriff. Charles Morelli Sheriff of Wayne County Notarial Seal Kathleen A. Doughe[ Notary Public Honesda]e Boro, Wayne County My Commission Expires Feb. 2, 2004 Member, Pennsylvania Association o~ Notaries In The Court of Common Pleas of Cumberland County, Pennsylvania Mary J. Showers VS. Gale E. Glass SERVE: same No. 03-3828 civil Now, August 8, 2003 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of wayne County to execute this Writ, this' deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA NOW~ within upon at by handing to a and made known to Affidavit of Service ,20 ,at o'clock M. served the copy of the original So answers, the contents thereof. Sworn and subscribed before me this __ day of ,20 Sheriffof COSTS SERVICE MILEAGE AFFIDAVIT County, PA SHERIFF'S RETURN - REGULAR CASE NO: 2003-03830 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WEIBLEY RANDY VS WEIBLEY BRANDY RICHARD SMITH , Cumberland County, Pennsylvania, says, the within PROTECTION FROM ABUSE WEIBLEY BPJLNDY DEFENDANT , at 2050:00 HOURS, on the at 211 PLAZA DRIVE BOILING SPRINGS, PA 17007 BPJ~NDY WEIBLEY a true and attested copy of PROTECTION FROM ABUSE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 8th day of August , 2003 by handing to together with and at the same time directing Her attention to the Additional Comments DEFENDANT DOES NOT OWN OR POSSESS ANY WEAPONS. contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~ '? ~ day of Pfo~honot'ary So Answers: R. Thomas Kline oo/oo/oooo By: ~iff MARY J. SHOWERS, Plaintiff GALE E. GLASS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-3828 CIVIL TERM : : EQUITY ACTION - LAW ANSWER AND NOW comes the defendant, Gale E. Glass, by and through his attorney, Thomas S. Diehl, Esq., who answers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part and denied in part. It is specifically admitted that the Plaintiff has requested the Defendant to relinquish title to the property without compensation, but it is denied that Defendant has been asked to share the equity of the property in exchange for clearing its title. 7. Admitted. 8. Denied. The Defendant has contributed more than the Plaintiff to the increased equity of the property through his moneys, labor, materials, and improvements. 9. The Defendant is without knowledge of the truth of the matter asserted; specific proof is demanded at trial. WHEREFORE, Defendant requests your Honorable Court to grant the following relieve: A. The court decree partition of the real estate at issue; B. The Defendant is awarded a credit in the distribution of the equity of the property for his excess contributions; C. Such other relief as the Court deems appropriate. Respectfully' submitted, Thomas~. Dlehl, Esquire Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 VERIFICATION I verify that the statements made in this Complaint are true and correct as relayed to me by the Defendant, Gale Glass. Contemporanieously with filing this answer, I have forwarded an original verification for his signature, and will file it with the court upon receipt. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Thoma~S D~ehl, Esq Attorney for the Defendant CERTIFICATE OF SERVICE I hereby certify this 22nd day of October 2003 that a true and correct copy of the foregoing document was served on the following individuals via first-class mail, postage prepaid and by fax: Hubert X. Gilroy, Esquire Broujos & Gilroy, P.C. 4 Hanover Street Carlisle, PA 17013 Fax 243-8227