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Home My WebLink About10-5050F? c 2{0 _ o?o?D ?vfr L ?M to ?5 ? GUY,;` klw-lev S. Beck. Jr. In the Court of Common Plaintiff Pleas of Cumberland County Vs. Kathy Jo Brownawell Civil Action 10 - 505 IVi1-Term Defendant (Partition of Real Property) 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 Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone:(717) 249-3166 Respectfully submitted. - - George W. Gekas., 7177 0 P#1.0n A714 ??' /ooh OF aq 4(alyl Marley S. Beck, Jr. Plaintiff Vs. Kathy Jo Brownawell Defendant In the Court of Common Pleas of Cumberland County Civil Action (Partition of Real Property) Complaint And now, this > 7 day of L? "Y_ 2010, comes the Plaintiff, Marley S. Beck, Jr., and through his attorney, George W. Gekas, avers as follows: 1. By Tax Claim Deed dated January 11, 2002 the Tax Claim Bureau of the County of Cumberland, Pennsylvania.conveyed unto Marley S. Beck, Plaintiff herein, and Kathy Jo Brownawell, Defendant herein, all that residential real property known as and numbered 230 Dauphin Street, East Pennsboro Township, Cumberland County, Pennsylvania; a copy of said Deed bearing a full description of the subject real property, is attached hereto and made a part hereof as Exhibit A. 2. By reason of the conveyance described in pragraphI hereinabove, the Plaintiff herein and the Defendant herein were constituted as co-tenants of the said real property. 3. The Plaintiff herein, Marley S. Beck, Jr. is desirous of partitioning the said real property and of deriving therefrom the value of his contributions to the purchase and development of the said real property. Wherefore, the Plaintiff, Marley s. Beck, Jr. prays this Honorable Court do direct that a hearing or procedure be established to determine the value of the said real property and the method by which it should be partitioned. Respectfully Submitted, George W. Gekas, rney f VERIFICATION I, Marley S. Beck, Jr., hereby verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. Where legal language, terms or theories are involved, that is the product of my attorney. I understand that false statements contained herein are made subject to the penalties of 18 Pa. C. S. 4904, relating to unsworn falsification to authorities. Date: ? ? ???°?0 y UPSET PRICE SALE (:Jttx tf-ltttm ??trrttu ?er? t.%llT Jlln? Made this ..................11th.............. day of )auuat• X0 .. .. . 02 y ................ between the TAX CLAIM BUREAU, of the County of Cumberland, Pennsylvania, as Trustee, .. S. . Bec . k, .. J . r . . and .. Kathy . GRANTOR, and .. M . a . Hey . Jo .. Brownawell .1 . . East . . of . . Permsboro. .Township, . ....' .............................................. . . . . . Cumberland County, Pennsylvania 1 itnV-15 the that in consideration of 52,598.08 sa••••-...J .............._.. it hand paid, receipt whereof is hereh? acknowledged, the said Grantor does hereby grant and convey unto the said Grantee, ........... `'.PP heirs and assigns, the certain premises situate in ...........................East.Pennsboro Township...-......... _..,,.. . ..................... . Cumberland County, Pennsylvania, as follows: See Appendix A for Legal Description 230 Dauphin Street House, lot .12 acre parcel no. 09-14-0832-201 Owner or reputed owner as returned to said Bureau Olen E. Jumper Romaine M. Jumper 230 Dauphin Street the same ha\ ing been sold by the Tax Claim Bureau to t e'satd 1grrantee, on the .......14th . day November of ...... ' ........................... ....._- Anno Domini two thousand and .......... one after due advertisement according to law, the period of redemption for the payment of tax claims having expired without the property having been redeemed, or any tax judgements heretofore having been entered against the described property having not been satisfied, or no agreement to stay the sale of the within described property having been entered into, or the within described real estate no longer remaining in possession of a sequestrator, by Upset Price Sale. unde, and by virtue of the Act of 1947 PL 1368 (Real Estate Tax Sale Law), ;4JYItf1Te$°I?ETPO{? said Grantor has hereunto caused this Deed to be executed be Direcmr the d 8dd wear first above written. - eated. and-1>elivered TAX CLAIM BURFAl-; OF CUMBERLAND COUNTY, P1 NSYL`r'A N iA. }ta. t ??- .press Ce _?f TRUSTEE .. ?+ 7.... 4 ?'^ ? 1_„i,L;..:.ltk2.z?.,Zl.? ........... ...... B }' ..... Director C0yIti10NA t tt'k+ !)T. Yh v 'SYl.vAV1.? COUNTY OF'CUylHq?'RI°AND ti On this, the ? .........::.. day of before tne, the Prothonotary of the County of Cumberland, the undersigned officer. personally appeared Jacob L. Heisey .......... ....... ...._......... ._............... ......... ..................... ......... Director of the Tax Claim Bureau of the Courn of Cumberland. Commonlvealth of Pennsylvania, known to me to be the person described in the foregoing in>tr unent and ack nedged that he executed the same in the capacity therein stated and for the pur- poses therein contained. ,J1t 3Vffness Mhrreof, I have hereunto set my hand and official seal - `ARS!iL) SEAL :•:?:_._ ?i:....L?!.t, .. ' '4RY, NOTARY PUBLIC i y AND ES TYCOURT HOUSE n BOOK 144 ;La?? ?AvE °1RESJANUARY2,20% L1-prtifirxfe of NesiDenrc I hereby certifv that the precise residence of the grantee herein is as follows: ......... Marley S. Beck, Jr. 21 Anthony Drive, lot 6, Marysville, PA 17053 Kadtylo $rownawetl; 308 CtSilege hlili i2ad;'Efltilai PA T7025 ........ ..................................... , . -? ....<... ... .. ....... ...... ...................? .. .: Stephen D. Tiley 51 Cumberland County, Assistant Solicitor Apperidix "A" Legal Description Tax parcel number 09-14-0832-201 ALL THAT CERTAIN lot or piece of land with buildings and improvements thereon erected and situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the southern line of Dauphin Street at or opposite the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street, said point being tv, o hur died tw_ent-=_ and three hundred eighty-nine one thousandths (229.389) feet easti of the southeast corner of Brick Church Road and Dauphin Street; thence along the southern line of Dauphin Street, North 79 degrees 40 minutes East, forty-six (46) feet to a point; thence South 10 degrees 20 minutes East, one hundred seventeen and five hundred five one-thousandths (117.505) feet a point; thence South 79 degrees 40 minutes West, forty- six (46) feet to a point at or opposite the center of the partition wall dividing properties known as No. 230 and 232 Dauphin Street; thence North 10 degrees 20 minutes West through the center of the partition wall dividing properties known as No. 230 and No. 232 Dauphin Street and beyond one hundred seventeen and five hundred five one- thousandths (117.505) feet to a point, at the place of BEGINNING. HAVING thereon erected the eastern one-half of a two story dwelling known as No. 230 Dauphin Street, Enola, Pennsylvania. BEING the same premises that Theodore E. Scrignoli and Winifred E. Scrignoli, his wife by their deed dated August 29, 1963, and recorded il? the Office of Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book "Y", Volume 20, Page 737, granted and conveyed unto Olen E. Jumper and Romaine M. Jumper, his wife now deceased. . J Title: Formerly Olen E. Jumper & Romaine M. Jumper, Deed Y-20, Page 737 Scale: I inch = 33 feet File: JUMPER.DES Tract 1: 0.124 Acres: 5405 Sq Feet: 502.2 Sq Meters: No significant closure error 46 00200 2=s l 0?O= O e 003=s79.40w 46 e 117.505 004=n10.20w 117.505 Perimeter = 327 feet booK 260 FacE 145 .., ao(o aU6 13 PM 3:a5 SMIGEL, ANDERSON & SACKS, L.L.P. John"'. Frornmer III, Esquire River Chase Office Center jfrommer e ,sasllp.corn 4431 North Front Street, 3'd Floor Attorney for Defendant Harrisburg, PA 17110-1778 (717) 234-2401 Marley S. Beck, Jr. Plaintiff Vs. Kathy Jo Brownawell Defendant in the Court of Common Pleas of Cumberland County No. 10-5050 Civi I Term (Partition of Real Property) NOTICE TO PLEAD TO: Marley S. Beck, Jr. c/o George W. Gekas, Esquire 5291 Devonshire Road Harrisburg, PA 17112 YOU ARE HEREBY REQUIRED to respond to the within Answer with New Matter and COLulterclaln7 within twenty (20) days of the date of service hereof or a default judgment may be entered against you. Date: August 20, 2010 Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP B / ?7 '12 J,61-in W ..Ko er III, Esquire ID 41266 R6 f Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant SMIGEL, ANDERSON & SACKS, L.L.P. River Chase Office Center 4431 North Front Street, 3`d Floor Harrisburg, PA 17110-1778 (717) 234-2401 Marley S. Beck, Jr. Plaintiff John W. Fronu er III, Esquire jfroinmer@z sasllp.corn Attorney for Defendant In the Court of Common Pleas of Cumberland County Vs. Kathy Jo Brownawell Defendant No. 10-5050 Civil Term (Partition of Real Property) DEFENDANT'S ANSWER WITH NEW MATTER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT AND NOW COMES, Defendant Kathy Jo Brownawell (hereinafter "Ms. Brownawell") by and through her attorneys, Smigel, Anderson & Sacks L.L.P., who files the following Answer with New Matter and Counterclaim to Plaintiff's Complaint, and in support thereof, avers as follows: ANSWER 1. Admitted. 2. Admitted. 3. Admitted. WHEREFORE, Defendant Kathy Jo Brownawell respectfully requests that this Honorable Court partition the real property at issue and order such other relief as the Court deems just and proper. NEW MATTER 4. Ms. Brownawell incorporates by reference the above preceding paragraphs as if the same were set forth fully herein. 5. Ms. Brownawell has contributed substantial sums of money for improvements to the kitchen and bedroom at 230 Dauphin Street, East Pennsboro Township, Cumberland County, Pennsylvania ("the Property") 6. Ms. Brownawell has paid utility fees, associated taxes and other general maintenance costs associated with the Property. WHEREFORE, Defendant Kathy Jo Brownawell respectfully requests that this Honorable Court partition the real property at issue and order such other relief as the Court deems just and proper. COUNTERCLAIM 7. Ms. Brownawell incorporates by reference the above preceding paragraphs as if the same were set forth fully herein. 8. Ms. Brownawell, having contributed monies as set forth above to enhance the equity in the Property, hereby claims an entitlement to receive more than fifty (50) percent of the equity in the Property. 9. In the alternative, Ms. Brownawell claims an entitlement to a credit for her financial contributions to the taxes, services, liabilities and enhancement to the Property. WHEREFORE, Defendant Kathy Jo Brownawell respectfully requests that this Honorable Court partition the real property at issue, grant Defendant's Counterclaim and order such other relief as the Court deems just and proper. Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP Date: August 20, 2010 By: ,- ? W/Fr mmer III, Esquire hD io.: 41266 fiver Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant VERIFICATION verify that the statements made in the foregoing Answer, 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. Section 4904, relating to unsworn falsification to authorities. s Date: /? ?' .?".. `` Kathy Jo Brownawell Marley S. Beck, Jr. Plaintiff In the Court of Common Pleas of Cumberland County Vs. No. 10-5050 Civil Term Kathy Jo Brownawell (Partition of Real Property) Defendant CERTIFICATE OF SERVICE I, John W, Frommer, attorney for the Defendant in the above-captioned matter, certify that I this day served a copy of the foregoing Answer with New Matter and Counterclaim upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: George W. Gekas, Esquire 5291 Devonshire Road Harrisburg, PA 17112 Date: August 20, 2010 SMIGEL, ANDERSON & SACKS, L.L.P. 1 By: --- John W. o y e I, Esquire ID 41266 Rim-Chase O ice Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant cDavirl D. Buell' Prothonotary Office of the Prothonotary Cum6errand County, Qennsyivania xirkS. Sofionage, ESQ Solicitor ______________CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE —THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square 0 Suite100 0 CarCzs(e, Tiq 0 (Phone 717 240-6195 0 fax 717 240-6573