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HomeMy WebLinkAbout09-4385John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com KENNETH L. McCARTHY, Plaintiff V. BRENDA S. CLARK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. oq- y385 Civt'l term CIVIL ACTION - LAW INEQUITY -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 YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 1249-3166 John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com KENNETH L. McCARTHY, Plaintiff V. BRENDA S. CLARK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN EQUITY - PARTITION COMPLAINT IN PARTITION - EQUITY 1. Plaintiff, Kenneth L. McCarthy, is an adult individual residing at 1642 Holtz Road, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant, Brenda S. Clark, is an adult individual residing at 1642 Holtz Road, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff and Defendant are the owners of certain real estate located in Cumberland County as described below, located at 1642 Holtz Road, Enola, Cumberland County, Pennsylvania 17025, and all of the interest of the parties in the property are held as tenants in common and are undivided. 4. The parties acquired title to the property by Deed from Marling A. Pletcher, dated December 14, 1995, recorded in the Office of the Recorder of Deeds of Cumberland County in Deed Book 132, pages 1016-1018, on December 20, 1995, wherein said Marling A. Pletcher conveyed the following: ALL THAT CERTAIN tract of land situate in Hampden Township, Cumberland County, Pennsylvania, according to Plan of Hartman and Associates, Inc., dated June 7, 1994, more particularly bounded and described as follows, to wit: BEGINNING at a point on the northwestern corner of land now or late of Edward C. Furlong, at the eastern line of land now or late of Lawrence T. Joyce; thence North 12 degrees 31 minutes 54 seconds East, along said line of Joyce lands 684.61 feet to a point in the southern line of land now or late of Mary Rosenberg; thence North 74 degrees 30 minutes 00 seconds East along said line of Rosenberg land 488.40 feet to a point in the western line of land now or late of Bruce Zeigler; thence along lines of Zeigler lands South 07 degrees 40 minutes 00 seconds West, 72.17 feet, and South 89 degrees 20 minutes 00 seconds East 234.26 feet to a point in the western line of lands now or late of Sydney A. and Mafian Trump; thence South 06 degrees 35 minutes 12 seconds West, along said Trump lands and beyond 942.54 feet to a point in the eastern line of a private road in line with the northern line of land now or formerly of Daisy Z. Sampson projected; thence North 77 degrees 38 minutes 31 seconds West; across said private road 16.16 feet to a point in lands now or late of Joseph Barrett; thence North 13 degrees 05 minutes 01 second West, along said line of Barrett lands 185 feet to a point; thence continuing along the same North 75 degrees 36 minutes 25 seconds West, 441.04 feet to a point at the northeast corner of lands now or late of Nora Ann Fraker; 71 degrees 59 minutes 26 seconds West along said line of Fraker lands and beyond 263.75 feet to a point, the place of BEGINNING. CONTAINING 11.8568 acres, more or less, 5. No person other than the parties to this suit has any interest in the property which is presently in the possession of both parties. 6. No partition or division of the property has ever been made, although Plaintiff has requested the Defendant to join with him in making one. WHEREFORE, Plaintiff demands that: (a) the Court decree partition of the real estate; (b) 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 assurance be executed for carrying such partition into effect; and that, if the 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 manner as the Court may direct; (c) such other and further relief be granted as the Court deems just and proper. PURCECL-,'KRUG & HALLER By: John V.V!Purc "II, Jr., 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 /Attorney for Defendant DATE: (? " j,7 ,el 7 VERIFICATION I, Kenneth L. McCarthy , hereby verify that the facts contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. )"enneth L. McCartDate: 6 ` 2Z -c? 7 0 FILEf_`._c:.'l?71, ? - Y { OF THr C " t!" ,,h '.?uY 2009 JUN 0 Fft f : %} 4 +,igso PQ pmrf cy-* a,% 19 (,rll as-l 413 Sheriffs Office of Cumberland County R Thomas Kline Sheriff ytr of 4'urhbrf? Ronny R Anderson D Chi t ?? 4 .` epu ef y y ` Jody S Smith la #`s 7r Civil Process Sergeant OFFICE Or 7"E SHERIFF Edward L Schorpp Solicitor Kenneth L. McCarthy vs. Brenda S. Clark Case Number 2009-4385 SHERIFF'S RETURN OF SERVICE 07/07/2009 05:13 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on July 7, 2009 at 1713 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Brenda S. Clark, by making known unto herself personally, defendant at 1642 Holtz Road Enola, Cumberland County, Pennsylvania 17025 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $41.94 July 08, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deput Sheriff C'J ^? C o n r , T ? ? r-- i7 Z r,- _ .. ti W -?j Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 robradebachatty@aol.com Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KENNETH L. MCCARTHY, Plaintiff V. BRENDA S. CLARK, Defendant No. 09-4385 CIVIL CIVIL ACTION - LAW IN EQUITY - PARTITION NOTICE TO PLEAD TO: Kenneth L. McCarthy, Defendant You are hereby notified to plead to the (Iedgmn swer with after and Counterclaim within 20 days after service thereent b aultmay be entered against you. Rob a bath, Esquire 912 X h fiver Road Halifax, PA 17032 (717) 896-2666 Attorney for Defendant oft 1% Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 robradebachatty@aol.com Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KENNETH L. MCCARTHY, Plaintiff : No. 09-4385 CIVIL V. BRENDA S. CLARK, Defendant : CIVIL ACTION - LAW IN EQUITY - PARTITION DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT 1. Denied. Plaintiff has not resided at subject property since ???? Strict proof of the averment is hereby demanded. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. On the contrary, Defendant avers that there is a rental house erected upon the subject premises which is located at 1640 Holtz Road, Enola, Pennsylvania, which is rented with monthly rent payments being $725.00 per month. Strict proof of the averment is hereby demanded. 6. Admitted. WHEREFORE, Defendant respectfully requests that the Court Order an accounting by the Plaintiff of all the incomes and expenses attributable for the subject property, and Order the proper distribution in accordance therewith and also the relief sought by the Plaintiff in this action. DEFENDANT'S NEW MATTER Defendant incorporates the averments 1-6 of this Answer with New Matter and makes them a part of this New Matter. 7. At the time the subject real estate was purchased, the Defendant invested all y of the net proceeds from the sale of her house in Dauphin County, Pennsylvania amounting in $86,000.00. 8. Defendant seeks reimbursement of this initial investment from the proceeds of any sale of the subject property. 9. Defendant avers that from the rental income generated from the subject property the Plaintiff purchased one Farmall Tractor, one large "Brush-hog" style mower, one Backhoe, and one riding one lawn mower which should also be subject to partition in this matter. . 9. Defendant respectfully requests that the Court Order an accounting by t Plaintiff of all the incomes and expenses for the subject property, and Orde appropriate distribution in accordance therewith. 10. Defendant requests that the Court enter Judgme for art tion, directi appointment of a Master and requiring an accounting be ben e p rties of al ' come and expenses relating to the real and personal propert y. Date: October 8, 2009 R6-5VqfiKRadebach, 912 North River Road Halifax, PA 17032 (717) 896-2666 I.D.# 19255 Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KENNETH L. MCCARTHY, Plaintiff V. BRENDA S. CLARK, : Defendant : VERIFICATION No. 09-4385 CIVIL CIVIL ACTION - LAW IN EQUITY - PARTITION i verify that the statements made in this Defendant's Answer with New Matter and Counterclaim 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. Dated: rl,'f ^ C---o / # ?.A Brenda S. Clark Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 robradebachatty@aol.com Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KENNETH L. MCCARTHY, Plaintiff No. 09-4385 CIVIL v. BRENDA S. CLARK, Defendant CIVIL ACTION - LAW IN EQUITY - PARTITION CERTIFICATE OF SERVICE AND NOW, October 8, 2009, I, Robert G. Radebach, Esquire, Attorney for Defendant, hereby certify that I served a copy of Defendant's Answer with New Matter upon John W. Purcell, Jr., Esquire, Attorney for Plaintiff, on October 2, 2009, b depositing the same in the United States Mail, postage prepaid in the o iced Harrisburg, Pennsylvania, addressed as follows: John W. Purcell, Jr. 1719 North Front Street Harrisburg, PA 17102-23(l Date: Rob*, G. Radebach, 912 North River Road Halifax, PA 17032 (717) 896-2666 I.D.# 19255 Attorney for Defendant F1LF= r4 i-=;;;F 07 THEE P POITAPY 2009 OCI i -9 AN 11: 25 Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 robradebachatty@aol.com Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KENNETH L. MCCARTHY, Plaintiff No. 09-4385 CIVIL V. BRENDA S. CLARK, CIVIL ACTION - LAW Defendant IN EQUITY - PARTITION NOTICE TO PLEAD TO: Kenneth L. McCarthy, Defendant You are hereby notified to plead to the enclosed Defendant's Amended Answer with New Matter and Counterclaim within twenty (20) days after service thereof or judgment by default may be entered agair Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 (717) 896-2666 Attorney for Defendant w e E Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 robradebachatty@aol.com Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KENNETH L. MCCARTHY, Plaintiff V. BRENDA S. CLARK, Defendant No. 09-4385 CIVIL CIVIL ACTION - LAW IN EQUITY - PARTITION DEFENDANT'S AMENDED ANSWER TO PLAINTIFF'S COMPLAINT 1. Denied. Plaintiff has not resided at subject property since June 23, 2009. Strict proof of the averment is hereby demanded. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. On the contrary, Defendant avers that there is a rental house erected upon the subject premises which is located at 1640 Holtz Road, Enola, Pennsylvania, which is rented with monthly rent payments being $725.00 per month. Strict proof of the averment is hereby demanded. 6. Admitted. WHEREFORE, Defendant respectfully requests that the Court Order an accounting by the Plaintiff of all the incomes and expenses attributable for the subject property, and Order the proper distribution in accordance therewith and also the relief sought by the Plaintiff in this action. DEFENDANT'S NEW MATTER Defendant incorporates the averments 1-6 of this Answer with New Matter and makes them a part of this New Matter. 7. At the time the subject real estate was purchased, the Defendant invested all of the net proceeds from the sale of her house in Dauphin County, Pennsylvania amounting in $86,000.00. 8. Defendant seeks reimbursement of this initial investment from the proceeds of any sale of the subject property. 9. Defendant avers that from the rental income generated from the subject property the Plaintiff purchased one Farmall Tractor, one large "Brush-hog" style mower, one Backhoe, and one riding one lawn mower which should also be subject to partition in this matter. . 9. Defendant respectfully requests that the Court Order an accounting by the Plaintiff of all the incomes and expenses for the subject property, and Order an appropriate distribution in accordance therewith. 10. Defendant requests that the Court enter Judgment for Partitt , direc - g appointment of a Master and requiring an accounting between ies of income and expenses relating to the real and personal property. Date: October 12, 2009 RolSert n. Radebach, 912 North River Road Halifax, PA 17032 (717) 896-2666 I.D.# 19255 Attorney for Defendant N Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 robradebachatty@aol.com Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KENNETH L. MCCARTHY, Plaintiff V. BRENDA S. CLARK, Defendant No. 09-4385 CIVIL CIVIL ACTION - LAW IN EQUITY - PARTITION VERIFICATION I verify that the statements made in this Defendant's Amended Answer with New Matter and Counterclaim 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. Dated: /o - (q- )``o R01*rf adebach, Esquire Attorney r Defendant Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 robradebachatty@aol.com Attorney for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KENNETH L. MCCARTHY, Plaintiff No. 09-4385 CIVIL V. BRENDA S. CLARK, Defendant CIVIL ACTION - LAW IN EQUITY - PARTITION CERTIFICATE OF SERVICE AND NOW, October 14, 2009, I, Robert G. Radebach, Esquire, Attorney for Defendant, hereby certify that I served a copy of Defendant's Amended Answer with New Matter upon John W. Purcell, Jr., Esquire, Attorney for Plaintiff, on October 14, 2009, by depositing the same in the United States Mail, postage prepaid in the post office at Harrisburg, Pennsylvania, addressed as follows: John W. Purcell, Jr. 1719 North Front Street Harrisburg, PA 17102-2392 1 Robert G. Radebach, 912 North River Road Halifax, PA 17032 (717) 896-2666 I . D.# 19255 Attorney for Defendant 2 ;], 3 uv i 22 F i t 9 c~ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ^ for JiJRY trial at the next term of civil court. ® for trial without a jury. CAPTION OF CASE ZQ~~ ~r~ t 1 ~ ~~~ ~~ Jet CUB"W~`'1_ ~"~_ kLr t,,;e_1U11~1 2 ~~, ~, ~~ , I"_~viu51 ~~J'ria`Vir"i (entire caption must be stated in full) (check one) KENNETH McCARTHY ® Civil Action -Law ^ Appeal from arbitration (other) vs. BRENDA S. CLARK vs. No. 09-4385 CIVIL Term Indicate the attorney who will try case for the party who files this praecipe: John W. Purcell, Jr., Esquire, Purcell, Krug & Haller, 1719 N. Front Street, Harrisburg, PA 17102 (717) 2 4-4178 Indicate teal counsel for other parties if known: Robert G. Radebach, Esquire (71h7) 896-266 T is case is rea y for trial. Date: ~ " ~("~~ Si Attorney for: -~lai~if € ~as.ov ~~ l~~- ~ a ~~~s ~ (Plaintiff) The trial list will be called on and _~gu~ ~ 1.~ n ~ n Trials commence on 1~F~emhPr ~n l n (Defendant) Pretrials will be held on ~PnrPm~,o,- R ~n~ 0 (Briefs are due S days before pretrials +-1~_(~~-~ _ - John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com KENNETH L. McCARTHY, Plaintiff v. BRENDA S. CLARK, r., ~ ~. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4385 CIVIL CIVIL ACTION -LAW IN EQUITY -PARTITION Defendant PLAINTIFF'S REPLY TO NEW MATTER OF DEFENDANT AND NOW, comes the Plaintiff, by and through his attorney, John W. Purcell, Jr., and who files the following Reply to the New Matter propounded by the Defendant: 7. Denied. To the contrary, Defendant's home at 665 Second Street, Enhaut, Pennsylvania, which she owned jointly with her then husband, was renovated completely in order to sell the property, with all the renovations being performed by the Plaintiff. In addition, Plaintiff paid the consideration Defendant agreed to pay her ex-husband for h is interest in the house. Plaintiff and Defendant then, in partnership together, sold the property and invested the proceeds of the house in the existing property. Defendant is not entitled to reimbursement of any of the net proceeds. 8. Denied. The averment contained in this paragraph is denied as a conclusion of law. 9. Denied. To the contrary, all rental income was used first to defray the expenses of the ownership of the real estate, including taxes, insurance and maintenance, along with continuing renovations to the property. Personal property purchased by the parties was always paid for by the individuals out of their personal income. 9. (sic) Denied. The averment contained in this paragraph is a conclusion of law. In further reply, Defendant maintains all of the records of the parties' financial relationship, so Defendant will have to provide access and certify the accuracy of all of them before a valid accounting can be made. Additionally, the property in question is personal property not subject to this action. 10. Admitted. However, Plaintiff agrees that the court should enter a Judgment for Partition, and refer the case to a Master after a preliminary conference, who shall be required to account for all the income and expenses between the parties, including the fair rental value of the real estate due to Plaintiff by reason of the Defendant's exclusive possession of the real estate from the spring of 2009 to the present date. WHEREFORE, Plaintiff requests this Honorable Court to enter a Judgment and Order for Partition as originally requested, and scheduling a conference in accordance with PA. R.C.P § 1558 and appoint a Master, if necessary. PURCEI,L-K-R~JG & 1~ACCER By: Purcell, Jr., Esquire DATE:.. ~ ~3 I + ~ 1"719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Defendant VERIFICATION I verb. that the statements made in the foregoing NEW MATTER OF DEFENDANT REPLY TO are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. Date: ~ L~~3 ~ ~ ~ -~.~~? r CERTIFICATE OF SERVICE I, John W. Purcell, Jr., hereby certify that I hand delivered a true and correct copy of the foregoing document upon counsel for the Defendant, as follows: Robert G. Radebach, Esquire 912 North River Road Halifax, PA 17032 HAND DELIVERED AT HEARING - 7/26/10 Jo P rcell, Jr., Esquire P C , KRUG & HALLER I.D. No. 29955 DATE: ~ f c~Cv ` ~ (~ KENNETH MCCARTHY, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. BRENDA S. CLARK, DEFENDANT 09-4385 CIVIL TERM ORDER OF COURT AND NOW, this 26th day of July, 2010, upon agreement of the parties, the court orders that the subject real estate be partitioned, and following a preliminary conference pursuant to Pa.R.C.P. 1558, the court further orders that the property be listed for sale with a mutually agreeable realtor and that a status conference be held on Monday, October 25, 2010, at 1:30 p.m., in chambers. The purpose of the status conference is to review the progress of the sale of the property and determine whether any pending issues require the appointment of a Master. By the Court, ~,-~~ Albert H. Masland, J. John W. Purcell, Jr., Esquire For Plaintiff / Robert G. Radebach, Esquire For Defendant :sal ~-O~~ES rn~~~ ?/a7~~~ `_' /~ t7 ~' -, c o -; ~ -~, ~ f--° . i. -~.~. ~,, ~ ~; =_, . ; _ ,- ~[Y,! __ ~~ _~.,) KENNETH MCCARTHY, PLAINTIFF V. BRENDA S. CLARK, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-438b CIVIL TERM ORDER OF COURT AND NOW, this ~-~ ~ day of October, 2010, following a status conference with counsel which was scheduled to determine the progress the parties had made with respect to the sale of the property, the court directs that the property be listed for sale with Jennifer Julian-Stumpf of Weichert Realtors. The parties shall forthwith execute a listing agreement with said realtor and shall fully cooperate with respect to the sale of the property, which shall include following any directions from the realtor to vacate the premises in advance of any showing. By the Court, Albert H. Masla d, J. John W. Purcell, Jr., Esquire ~ N ° ~ For Plaintiff =~ ~ Robert G. Radebach, Esquire ~~ ."~v ~ n ~~ o'° For Defendant __ ~Q ..~ ~° -- -- ~ z o ~ ~ ~~ :saa ~ z;~ ~" n~ (~J~ ` ~/~ ~~~ ~ O ~ A • ti John W. Purcell, Jr., Esquire ID #29955 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 jpurcell@pkh.com KENNETH L. McCARTHY, Plaintiff V. BRENDA S. CLARK, Defe 1. The parties had p action would be I 2. The parties disag the matter be listed 3. The listing contract to execute a new Li FILED-OFFICE OF THE PROTHONOTARY M I DE0 22 AM I0: 4 I CU NLANO COUNTY POUNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4385 CIVIL CIVIL ACTION - LAW ant IN EQUITY -PARTITION MOTION FOR STATUS CONFERENCE usly agreed that the real estate that is the subject matter of the for sale with a reputable real estate agent. as to the choice of Realtor, and afterwards the Court ordered that Weichert Realtors. expired without sale, and Plaintiff has requested the Defendant Agreement with Coldwell Banker Homestead Group. 4. The Defendant refuses to execute the Listing Agreement, leaving the property unlisted. 5. There are other issues involving the care and maintenance of the property pending sale that may need to be isordid out. 6. The Plaintiff requests the Court to schedule a status conference and thereafter, if necessary, a hearing to determine whether a new Listing Agreement should be executed by both PURCELL, KRUG & By: "*., Esquire 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney for Plaintiff DATE: December 21, 201 . CERTIFICATE OF SERVICE I, Carol A. Masich, Legal Assistant to John W. Purcell, hereby certify that a true and correct copy of the foregoing document was served upon the Defendant Brenda S. Clark, by sending a copy of the same via first cuss U.S. Mail to: Brenda S. Clark, Defendant 1642 Holtz Road Enola, PA 17025 Carol A. Masich, Legal Assistant to John W. Purcell Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: December 21, 201 .ti KENNETH L. McCARTHY, Plaintiff V. BRENDA S. CLARK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-4385 CIVIL CIVIL ACTION - LAW IN EQUITY -PARTITION ORDER OF COURT nr r . O C X-C X ,? --r AND NOW, this - :20 day of „)0l/ , upon consideration of the foregoing Motion for Status Conference, it is hereby ORDERED that a conference with the Court shall be had with counsel for the Plaintiff and the Defendant, who is unrepresent d by counsel, on the 31 Q? day of , 2012, at AL ?Lo. ! r .M.4 Cumberland County Courthouse, Carlislt en nsylvania. BY THE COURT: L J. . n ?OP 4 5 Distribution: ? John W. Purcell, Purcell, Krug & Haller, 1719 N. Front St., Harrisburg, PA 17102 j/ Brenda Clark, Defendant, 1642 Holtz Road, Enola, PA 17025 KENNETH L. McCARTHY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-4385 CIVIL BRENDA S. CLARK, CIVIL ACTION -LAW Defendant IN EQUITY -PARTITION ORDER OF COURT AND NOW, this 19t4 day of 2012, upon 14 consideration of the foregoing Motion for Status Conference, it is hereby ORDERED that a conference with the Court shall be had with counsel for the Plaintiff and the Defendant, who is unrepresented by counsel, on the V" day of-c2012, at ?v3 o .M., in Court Room No. 1 , Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT: -q 3 M CD ?M =:;D cn ? C C y + CZ Distribution: ? John W. Purcell, Purcell, Krug & Haller, 1719 N. Front St., Harrisburg, PA 17102 ? Brenda Clark, Defendant, 1642 Holtz Road, Enola, PA 17025 r-a N x. Na C) 1 J. ?a --1 C7 _-r Copes M'q' ed //a°fla ,ei KENNETH L. McCARTHY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 09-4385 CIVIL BRENDA S. CLARK, CIVIL ACTION - LAW Defendant IN EQUITY -PARTITION ORDER OF COURT AND NOW, this I lam'` day of J,?? , 2012, upon request of the parties, a hearing is schedule for the day of dd'j!? , 2012, at. 3.Loo P.M., Courtroom No. 1, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. hs ?? BY THE COURT: ' D. p ss = = -n ? i 2 r, Z Albert H. Maslan , J. ...? 4 +?rt f Distribution: John W. Purcell, Purcell, Krug & Haller, 1719 N. Front St., Harrisburg, PA 17102 ? Brenda Clark, Defendant, 1642 Holtz Road, Enola, PA 17025 A Cer,es dk,, j d ? k-'k G KENNETH MCCARTHY, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. BRENDA S. CLARK, Defendant :09-4385 CIVIL TERM ORDER OF COURT AND NOW, this 12th day of March, 2012, following a hearing on the issue of which broker to list the property with, the Court directs the parties to list this property with Loretta Campbell of the Coldwell Banker Homestead Group and to execute the necessary documents to enable that listing within ten days of today's date. The term of the listing agreement shall be for six months and the initial price for the property shall be $449,900.00. If the property is not sold within three months, the price may be reduced by $20,000.00. No further price reductions are directed by the Court, but must be agreed to by the parties. Ms. Campbell shall keep both parties fully apprised of her efforts to sell the property. By the Court, VJohn W. Purcell, Jr., Esquire For the Plaintiff I/ Brenda S. Clark, Pro Se l/ Sheriff vae &P',e3 /vi , l'POl 31), - Alber H. Masland, J. C) MCD N -1 r'+ =M ar_ car - c-n } c? r CD _.; Pn - KENNETH L. McCARTHY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW BRENDA S . CLARK, Defendant NO. 09-4385 CIVIL TERM ORDER OF COURT AND NOW, this 25th day of April, 2013 , this being the time set for a hearing on the petition for distribution after sale, and the parties having reached an agreement, pursuant to their agreement we direct that the escrowed proceeds totaling $408, 290 . 30 be distributed as follows : 1 . Kenneth L. McCarthy, plaintiff - $221, 494 . 85 . 2 . Brenda S . Clark, defendant - $186, 795 . 45 . By the Court, Albert H. asland, J. ohn W. Purcell , Esquire For Plaintiff ;/Paul D. Edger, Esquire For Defendant c -: � w Prs `( Mt 3 r t