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2001 JUL I 2 PH 4: 2 I
CLERK OF
ORPHl\,N'S COURT
CUMpr=::",t"j[') CO, Pl\
Daniel Brooks Lippard, Esquire
327 W. Front Street
Media P A 19063
SCI: 21234
V:610 566 8012
F: 610566 8013
E: daniel lippard@yahoo.com
Attorney for Margaret A. Tartar
In Re; Estate of Walter W.
Tartar, decd.
In The Court of Common Pleas of
Cumberland Comty, Pennsylvania
Orphans' Court Division
Nr.21-05-0545
PRELIMINARY OBJECTION RAISING DEFENSE OF PENDENCY OF PRIOR ACTION
TO PETITION TO SHOW CAUSE WHY AN INQUEST IN PARTITION SHOULD NOT BE
GRANTED
To the Honorable, The Judge of Said Court:
Respondent Margaret A, Tartar respectfully represents as follows:
1. The premises described in Petitioner's Petition, of which she seeks partition, was
purchased by Petitioner's decedent and Respondent Margaret A. Tartar, as husband and wife,
with marital funds, for use as a family residence at 738 Burdett Drive, Aston Township,
Delaware Comty, and is still used as a personal residence.
2. Prior to the commencement of the within action, in 1983, Respondent Margaret A.
Tartar commenced an action in divorce in the Court of Common Pleas of Delaware County,
Docket number 83-6390, styled Margaret A. Dolan Tartar v. Walter W. Tartar.. Jr., against
Petitioner's decedent, requesting a divorce (which was granted) and also equitable distribution of
the parties' marital property, including the subject premises. This action is still pending and
undetermined.
3. This Petition should be abated pending determination of the prior action in the
Court of Common Pleas of Delaware County.
p((..2 . 2flO
,
garet A. Tartar
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DELAWARE
AFFIDAVIT
Margaret A. Tartar
, being duly sworn according to
law, deposes and says that (s )he is the
Respondent
herein
and that the
facts set forth in the foregoing Preliminary Objection
are true and correct to the
best of her knowledge, information and belief:
~:);;:41-(j k
Mar et A. Tartar
Sworn before me this
2. nc/ day of J~ ' 2t'()'l
~~hia D. Hw.J ~(1i~ f1.blic
MM NWEALTH
NOTARIAL lEAL
.... D. HENN."'"
MOENCREEK TWP.." COUNlY
Daniel Brooks Lippard, Esquire
327 W. Front Street
Media P A 19063
sel: 21234
V:610 566 8012
F: 610566 8013
E: daniel liooard@vahoo.eom
Attorney for Margaret A. Tartar
In Re; Estate of Walter W.
Tartar, deed.
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Orphans' Court Division
Nr. 21-05-0545
BRIEF IN SUPPORT OF PRELIMINARY OBJECTION OF RESPONDENT MARGARET A.
TARTAR
The property which Petitioner seeks partition, 738 Burdett Drive, Aston, is also the
Subject matter and prime element of the equitable distribution aspect of a pending divorce
action in Delaware County between Petitioner's decedent and Respondent..
PaRCP Rule 1028(a) mandates that Preliminary Objections may be filed by any party to
any pleading on grounds of pendency of a prior action.
Whether partition or equitable distribution takes precedence was settled by the Superior
Court in Goldstein v. Goldstein 512 A.2d 644,649 (1986):
As guidance to the trial courts, we conclude with the following. In situations
such as the one found in this appeal where there has not yet been a partition at the
time of equitable distribution, it is clearly the better procedure to consolidate
the consideration of both actions before the court presiding over the divorce
action. We therefore instruct the courts to follow the consolidation procedme
outlined in Marinello v. Marinello, - Pa. Super. -,512 A.2d 635 (1986) Aside
from conserving judicial resources, this approach enables one judge to handle all
of the parties' property disputes.
To grant the relief Petitioner prays for now is to divide in half an indeterminate moiety
in Delaware County.
Respectfully submitted,
~ ~~;,;o?
Esq.
t Margaret A. Tartar