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Home My WebLink About10-7332ELIZABETH A. ELMORE, Plaintiff, vs. MARK A. ELMORE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -EQUITY DOCKET NO. / v _ ~ 3 3 ,Z 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 717-249-3166 800-990-9108 Gates, Halbruner, Hatch & Guise, P.C. By: Mark E. Halbruner, Esquire Attorney ID No. 66737 1013 Mumma Road, Suite 100 Lemoyne PA 17043 (717) 731-9600 telephone (717) 731-9627 facsimile Attorneys for Plaintiff ELIZABETH A. ELMORE, Plaintiff, vs. MARK A. ELMORE, Defendant. OF 7NE pRp ~H~O?ARY 101BNOV24 gMro:47 CUMBEqLqHp BOUNTY FEMHSYLVgN1A ~S~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION -EQUITY DOCKET NO. ' Q _ -~ 33 ~ C Ur I COMPLAINT FOR PARTITION AND NOW, comes the Plaintiff, Elizabeth A. Elmore, by and through her undersigned counsel, and makes the following complaint for partition pursuant to Pa.R.C.P. 1551 et seq.: 1. Elizabeth A. Elmore is an adult individual now residing at 2551 Garfield Avenue, West Lawn, Pennsylvania 19609. 2. The Defendant, Mark A. Elmore, is an adult individual now residing at 1306 Chatham Road, Camp Hill, Pennsylvania 17011. 3. Elizabeth A. Elmore and Mark A. Elmore were formerly married. 4. During their marriage, the Elmores, as tenants by the entirety, acquired the real property (hereinafter "the Real Property") consisting of asingle-family detached residence situated on approximately .16 acres at 1306 Chatham Road, Lower Allen Township, Cumberland County, Pennsylvania, and identified as Tax Parcel Number 13-23-0545-021. s91. ~ °P~ y ~~ Gy~~ 5. Attached hereto as Exhibit "A" and incorporated herein by reference is a true and correct copy of the deed by which the Elmores acquired the Real Property, as recorded in Cumberland County Deed Book 132, Page 635, on December 12, 1995. 6. The Elmores were divorced in or about December 2007 and now own the Real Property by operation of law as tenants in common with equal, undivided interests. 7. Mark A. Elmore currently has possession of the Real Property. 8. The Real Property is subject to an outstanding mortgage held by Bank of America which secures a loan owed jointly by the Elmores. 9. There are no other parties having an interest in the Real Property. 10. Elizabeth A. Elmore has paid a disproportionate share of the mortgage payments and other expenses to maintain to the Real Property after the parties' divorce. 11. Mark A. Elmore has not paid rent to Elizabeth A. Elmore for his post-divorce use of the Real Property. 12. Elizabeth A. Elmore desires to satisfy the outstanding mortgage debt and liquidate her interest in the Real Property by selling it to a third party or by having Mark A. Elmore refinance the Real Property in his name alone, but he has refused to cooperate. 13. The Real Property is not capable of division without prejudice. 2 WHEREFORE, Plaintiff respectfully requests an order directing partition of the Real Property pursuant to Pa.R.C.P. 1557, together with such other relief as the Court deems proper. Respectfully submitted, GATES, HALBRUNER, HATCH & GUISE, P.C. Date: ~ ~ ,~ ~~ ~~ y: Mark E. Halbruner, Esquire Attorneys for Plaintiff 3 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of her knowledge, information and belief. This verification is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: / / /Jc+ 8/i o ~' Elizabe A. Elmore Ex~ ~~~ ~~ "~' •~ ,~s,.,~ w.-ne •-- ---~- a..t TAX PARCEL N0. 13-23-0545-021 ~, rs 1~• ~/d7~ ~ ~~ ~~ IIADS TsN `~ dsy o/ '~•:c:~••.4aw~ is eAa r«- o/ oar Lord oes thowsaed ntM hsed*ad ninety five (1995) 86TW~BN SANDRA E. E30f,CRA, a aingL woamn, o! Loner Allan Townehipr C~snbecland County, pennsylvaniar cad MARR A. SENORS end, SLIZABBTti A. tiLt~K3RE, hie wifar oflvania, Borough of New Curberla[dr Gsbetlal-d County, PanroY Gnaataas WITNN$SST9, that la ~ al OtBt HONORED SIx DeRe~, AND NO/1 ($306r000.fhi sold D+'~* do y hanbY Ynat fa 11emd AaY. UYa *rarift e-henol la hareblr eaMmo~olad0adr sad aeavetr to the sold create a, ALL TEAT CmiTAIN piece or psrcel of lard situab in Lover Allan Township, Cuabeclard County. pannsylvsnia, boiuded6and~ lbed in ao DtdPrno~aili ~r9ar, survey and plan thereot dated 9eptaet»r pwp~b by Regiatared Engineer, Came Bill, pe:anylvania, ro lollowe: BBGIINAi6 at a point on the northern lira o! CMthem Road, said point being two hundred niroty and lilty-f1w hur~dths (29o•S5) fact in a westerly direction free tM eastern lira of Lateta+orth Road: thence continuing along Chatham Road North swar-ty-two (7Z) dogmas no (00) winutas Nest lifty=even and twnty-thcw hundredths (57.23) feat to a point on the dividing lira betwenn Lots No. 37 and 38 on the hereiroftec aantiorod plan of lots: thence along said lira North eighteen (1B) degrees no (00) mim:tas East ant hundred tJenty!iw (12S) Leet to a point: thence South sewnty~•tw (72) dagrNS no (00) minutes Past liity- sawn and twenty-throe hundredths (57.23) feet to a point on the dividing line between Lots No. 39 and 38; thence slug said lira South eighteen (18) degrees na (00) minutes Nest one hundred twenty-five (125) Leat to a point an Che northern line of Chatham Road, the Place oL BEGItlTING. 9BItiG Lot No. 38, Block "A" revised plan of Highland Park, recorded in Plan Hook 4r Page 4S. HAYING TBEREON SRECfBD a two story brick and frame dwelling being known end manbered 1306 Chatham Road, Camp 8111, pannsylvanie, 17011. BEING T8E SANG PRENIS&4 which Robert L. Rohrbaugh f 1e nN ~ f the ths Otflce o 4 i 20, 198 dated 9eptasber 18, 1984, and recorded September Recorder o! Deeds, in and !or C;aniberlard OartY, in Deed Book X, Volume 30, Page 72, granted and carveYed unto 9ardca E. Holoka, a single womenr Grantor hanin. ~ .: _„ _ ~j ~~70~~~~ r _ o ~:~ .~, t' rn ':; ~;. 7 yam, r- .. ~ ~ ~ ~~~ ~ . ••• i .. ~ 9' R '~ r. ~ . ~.~~~~ ~5 H S t .~ ~ ~ r • C e a i O -, r-~ ~,~ Q ~ '•• y ~ ~ ~ ~ ` HQ gy~y~Q 6ao~ 1~ ~~ S 76 .~ 3 8 S S r a ~ ~ " sssss s s s ss o • ~. . And tJke said ~ Or+ute- ksrtby osssatata and-aprsas tAst +~ warrant specially aha tAs ~'ty Aenby oonosysd, IN WITN6$g W8SR6t7l, saii O++sntor Ati s Asrowtts ast her band and seat ~ dty tad ~ Mt show wrttNn. ~~~j ~ --.-- __ ._.~ Lf~ /~ ~ ~ of / tSAI~RA 6. 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C/) - C: Chief Deputy Cn ) Richard W Stewart r '` - Solicitor OFF'CE OF -"bR1FF > O rri Elizabeth A Elmore Case Number vs. 2010-7332 Mark Allen Elmore SHERIFF'S RETURN OF SERVICE 11/29/2010 05:47 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 29, 2010 at 1747 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Mark Allen Elmore, by making known unto himself personally, at 1306 Chatham Road, Camp Hill, Cumberland County, Pennsylvania 17011 its contents and at the same time handing to him personally the said true and correct copy of the same. NOAH CLINE, DEPUTY SHERIFF COST: $41.94 November 30, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c; GOWIty5ulle Sheriff. Te!eosoft, Inc. FILED-OFFICE OF THE PROTHONOTARY" 2011Y1!i"-: i2:23 Ui 3FY(! CC 1 WTY ELIZABETH A. ELMORE, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA VS. MARK A. ELMORE, Defendant. : CIVIL ACTION -EQUITY : DOCKET NO. 10-7332 CIVIL PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT To the Prothonotary: Please enter judgment by default in favor of plaintiff, Elizabeth A. Elmore, and against defendant, Mark A. Elmore, for failure to file an answer to the complaint or otherwise plead thereto. It is certified that a written notice of intention to file this praecipe was mailed to the defendant against whom judgment is to be entered and to his attorney of record, if any, after the default occurred and at least ten (10) days prior to the date of the filing of this praecipe. A copy of the notice is attached hereto. Date: 1 1 / S? ? Mark E. Halbruner, Esquire Gates, Halbruner, Hatch & Guise, P.C. 1013 Mumma Road, Suite 100 Lemoyne PA 17043 (717) 731-9600 telephone Attorneys for Plaintiff Judgment entered as requested above. onotary ?k %wt ? PD ? ? Gc?- ? s 3a ELIZABETH A. ELMORE, Plaintiff, VS. MARK A. ELMORE, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - EQUITY DOCKET NO. 10-7332 CIVIL To: Mark A. Elmore, 1306 Chatham Road, Camp Hill PA 17011 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED. TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. 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 717-249=3166 800-990-9108 Date:Z \ ??d10 Mark E. Halb er, Esquire Gates, Halbruner, Hatch & Guise, P.C. 1013 Mumma Road, Suite 100 Lemoyne PA 17043 (717) 731-9600 telephone Attorneys for Plaintiff t U.S. POSTAL SERVICE CERTIFICATE OF MAILING a c MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT + PROVIDE FOR INSURANCE-POSTMASTER c o N yReceived From: ° w Gates, Halbruner, Hatch & Guise, P.C. 1013 Mumma Road, suite 100 Lewyne, PA 17043 - T- 01/ .?. One piece of ordinary mail addressed to: Qi o ?F M 9 Mark A. Elmore 1306 Chatham Road Camp Hill, PA 17011\? fD c PS Form 3817, January 2001