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Home My WebLink About12-0227RUTH A. KENNEDY, Plaintiff V. SAMUEL EUGENE KENNEDY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 2012-227 - Civil In Equity NOTICE TO PLEAD ` TO: Ruth A. Kennedy , r c/o Bradley L. Griffie, Esquire r<Q- -', 200 North Hanover Street t- --n ?. °-; P.. Carlisle, Pennsylvania 17013 _ You are hereby notified to file a written response to the enclosed within twenty (20) days from service hereof or a judgment may be entered against you. Respectfully Submitted, Rominger & Associates Date: P? ru Karl . Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Attorney for Defendant RUTH A. KENNEDY, Plaintiff V. SAMUEL EUGENE KENNEDY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 2012-227 - Civil In Equity DEFENDANTS ANSWER TO COMPLAINT IN PARTITION AND NOW, comes Samuel Eugene Kennedy, by and through his counsel, Karl E. Rominger, Esquire, and in support of his Answer, avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted by way of further answers subject to various offsets. 6. Admitted. 7. Admitted that the Defendant has sole and exclusive use of the property since June 1997. Strict proof of any reasonable rental value is demanded at trial with proof from conpetent witnesses. 8. Denied. By way of further answer each side is entitled to 50 percent of equity adjusted for costs and contributions as more fully laid out in the new matter. 9. Denied. By way of further answers conclusion of law requires no answer. If an answer is required offsets have to be contemplated. WHEREFORE defendant requests this Honorable Court partition the property with appropriate credits and debits for each party. NEW MATTER 10. Previous paragraphs are incorporated by reference. 11. Defendant installed a swimming pool on the property and deck the approximate value and costs was $15,000.00. 12. Defendant put a new furnace into the property the cost of which is approximately $5,000.00. 13. Defendant has paid all of the mortgage payments including principal and interest. 14. Defendant has paid all of the property taxes including but not limited to county and school. 15. Defendant has borne the cost of insuring the property during this time. 16. Defendant has made miscellaneous but numerous and sundry improvements to the property, worked to maintain the property, and invested heavily in its maintenance and care. WHEREFORE defendant requests this Court grant partition and in so doing divide the proceeds of the sale with appropriate credits including reimbursements for the amounts spent as described above. Date: f?(U0.f Respectfully Submitted, Rominger & Associates Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Attorney for Defendant RUTH A. KENNEDY, Plaintiff V. SAMUEL EUGENE KENNEDY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No.: 2012-227 - Civil In Equity CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Defendants Answer to Complaint in Partition, upon the following, by depositing the same in the United States Mail, postage pre-paid, via first class mail, addressed as follows: Bradley L. Griffie, Esquire 200 North Hanover Street Carlisle, Pennsylvania 17013 Respectfully Submitted, Rominger & Associates Date: Qo(?fl? Karl FzRominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID# 81924 Attorney for Defendant RUTH A. KENNEDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW c-) c SAMUEL EUGENE KENNEDY, NO. 2012-227 CIVIL TERM rnca N -n M__ Defendant IN EQUITY z? ca -urn t<A N Obi MOTION FOR HEARING -n =a z„ ,ca ? AND NOW, comes Plaintiff, by and through her counsel, Bradley L Ciff' Esquire, and the law firm of Griffie & Associates, and moves the Court as follows: 1. The instant action was initiated with the filing of a Complaint in Partition on January 19, 2012. 2. After appropriate service upon Defendant, Defendant filed an Answer and New Matter on February 9, 2012. 3. Plaintiff has filed her Reply to Defendant's New Matter and no further pleadings are pending. 4. The parties have agreed to use the services of one selected appraiser for purposes of appraising the real estate at issue and for purposes of providing a rental value for the property at issue, and have filed a Stipulation in this regard, a copy of said Stipulation being attached hereto and incorporate herein by reference as Exhibit «A" 5. With the pleadings being closed and the parties having agreed upon an expert for purposes of an appraisal and determination of rental value, the case is rape to be heard. 6. A copy of this Motion has been provided to opposing counsel, Karl E. Rominger, Esquire, and he concurs. WHEREFORE, Petitioner requests your Honorable Court to schedule a hearing in the above captioned matter to determine the value of the real estate, the rental value of the real estate and the various claims and credits of the parties in this partition action. Respectfully submitted, B riff e, Esquire ttorney for Plaintiff Supreme Court ID No. 34349 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 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 unworn falsification to authorities. DATE: ?- (?- RUTH A. KENNEDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW SAMUEL EUGENE KENNEDY, NO. 2012-227 CIVIL TERM Defendant INEQUITY CERTIFICATE OF SERVICE sf I, Bradley L. Griffie, Esquire hereby certify that I did, the 2L day of February, 2012, cause a copy of Plaintiff's Motion for Hearing to be served upon the Defendant, Samuel Eugene Kennedy, by serving his attorney of record by first class mail, postage prepaid, at the following address: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 DATE: 1t )- RUTH A. KENNEDY, Plaintiff VS. SAMUEL EUGENE KENNEDY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2012-227 CIVIL TERM IN EQUITY STIPULATION AND NOW, the parties hereto, intending to be legally bound, STIPULATE AND AGREE as follows: 1. A partition action has been initiated to the above docketed case, having been filed on January 19, 2012. 2. In order to facilitate negotiations and discussions regarding this case, and in an effort to resolve the matter without litigation, the parties shall use the services of Larry E. Foote, with Diversified Appraisals, to appraise the real estate at issue located at 215 West Pine Street, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. The parties shall be jointly responsible, on an equal basis, for all fees incuw:red by Diversified Appraisals in preparing a present day appraisal of the property and in setting forth the estimated rental value of the property for the period from June 1997 to February 2012. 4. Upon completion of the present day appraisal of the property, the parties shall agree, for all purposes associated with this litigation, that the present day appraisal is the accurate and correct value of the property at present. 5. Upon receipt of the estimated rental value of the property for the period'. from June 1997 to present (February 2012), the parties shall abide by the estimated Exhibit "A" rental value of the property as prepared by Diversified Appraisals for future negotiation and litigation purposes. 6. Neither party shall use the services of additional appraisers to provide separate, different or new appraisals of the real estate, nor separate, different or new rental values of the property for the time period indicated through any portions of this litigation, it being the intention of the parties that they are preserving their limited resources by agreeing to use Diversified Appraisals as their common or joint appraiser and shall abide by the present day value appraisal and rental value as so determined by Diversified Appraisals without dispute IN WITNESS WHEREOF, the parties hereto intending to be legally bound and to legally bind their heirs, executors and assigns, have hereunto set forth their hand and seal the day and year hereinafter written. WITNESSETH: Ruth A. xommger, hsquire RUTH A. KENNEDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW C") -uz ;z SAMUEL EUGENE KENNEDY, NO. 2012-227 CIVIL TERM rn "? x"n rn_ Defendant INEQUITY z= w -of- _< N p C. PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER <a z-n x 10. Plaintiffs averment set forth in paragraph 1 through 9 of her Co are + -< o incorporated herein by reference as if set forth in their full text. 11. Denied. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of the averments set forth in paragraph 11 and they are, therefore, denied, with specific proof thereof being demanded at trial. 12. Denied. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of the averments set forth in paragraph 12 and they are, therefore, denied, with specific proof thereof being demanded at trial. 13. Denied. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of the averments set forth in paragraph 13 and they are, therefore, denied, with specific proof thereof being demanded at trial. 14. Denied. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of the averments set forth in paragraph 14 and they are, therefore, denied, with specific proof thereof being demanded at trial. 15. Denied. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of the averments set forth in paragraph 15 and they are, therefore, denied, with specific proof thereof being demanded at trial. 16. Denied. Plaintiff is without sufficient knowledge or information to form a belief as to the truth of the averments set forth in paragraph 16 and they are, therefore, denied, with specific proof thereof being demanded at trial. WHEREFORE, Plaintiff requests your Honorable Court to dismiss Defendant's New Matter unless specific proof of the claims therein are provided to the Court. Respectfully submitted, cJn" e, tsquire for Pla niff r?on Court ID No. 34349 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION 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 falsifications to authorities. DATE: 7- - / L- - ") 'Ili RUT A. KENNEDY RUTH A. KENNEDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW SAMUEL EUGENE KENNEDY, NO. 2012-227 CIVIL TERM Defendant INEQUITY CERTIFICATE OF SERVICE 1, Bradley L. Griffie, Esquire hereby certify that I did, the ,/ `+ day of February, 2012, cause a copy of Plaintiff's Reply to New Matter to be served upon the Defendant, Samuel Eugene Kennedy, by serving his attorney of record by first class mail, postage prepaid, at the following address: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 DATE: ffi , squire ey for Plaintiff RUTH A. KENNEDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION -LAW . SAMUEL EUGENE KENNEDY, NO. 2012-227 CIVIL TERM Defendant IN EQUITY zrn rn rnF= r- ?.. rn STIPULATION r- M o, t h i ° a STIPULA bound to be le all tendin i C) r ere o, es AND NOW, the part , y g g n AGREE as follows: 1. A partition action has been initiated to the above docketed case, having been filed on January 19, 2012. 2. In order to facilitate negotiations and discussions regarding this case, and in an effort to resolve the matter without litigation, the parties shall use the services of Larry E. Foote, with Diversified Appraisals, to appraise the real estate at issue located at 215 West Pine Street, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. The parties shall be jointly responsible, on an equal basis, for all fees incurred by Diversified Appraisals in preparing a present day appraisal of the property and in setting forth the estimated rental value of the property for the period from June 1997 to February 2012. 4. Upon completion of the present day appraisal of the property, the parties shall agree, for all purposes associated with this litigation, that the present day appraisal is the accurate and correct value of the property at present. 5. Upon receipt of the estimated rental value of the property for the period from June 1997 to present (February 2012), the parties shall abide by the estimated ?w rental value of the property as prepared by Diversified Appraisals for future negotiation and litigation purposes. 6. Neither party shall use the services of additional appraisers to provide separate, different or new appraisals of the real estate, nor separate, different or new rental values of the property for the time period indicated through any portions of this litigation, it being the intention of the parties that they are preserving their limited resources by agreeing to use Diversified Appraisals as their common or joint appraiser and shall abide by the present day value appraisal and rental value as so determined by Diversified Appraisals without dispute. IN WITNESS WHEREOF, the parties hereto intending to be legally bound and to legally bind their heirs, executors and assigns, have hereunto set forth their hand and seal the day and year hereinafter written. WITNESSETH: a . Rominger, Esquire RUTH A. KENNEDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION -LAW SAMUEL EUGENE KENNEDY, NO. 2012-227 CIVIL TERM Defendant INEQUITY ORDER OF COURT AND NOW, this (0 day of M?'e- t 2012, upon presentation and consideration of the within Motion for Hearing, and in consideration of the fact that the pleadings have been closed, IT IS HEREBY ORDERED AND DIRECTED that a hearing is hereby scheduled on this matter for , the Sp't"A- ?j0 ? o'clock It .m., in Courtroom No. F) of day of , 2012, at ?, the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Cc Bradley L. Griffie, Esquire Attorney for Plaintiff Karl E. Rominger, Esquire Attorney for Defendant Thomis A. Placey J, Common Pleas Judgqm rn= =rte ?. A' . cn? r % i ?r Dom; _ ;. `J M w D =? na RUTH A. KENNEDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENN SYLVANIA VS. CIVIL ACTION - LAW SAMUEL EUGENE KENNEDY, NO. 2012-227 CIVIL TERM Defendant IN EQUITY '' C°;» Prior Judge: Thomas A. Placey -' PETITION FOR CONTINUANCE AND NOW, comes Petitioner, Ruth A. Kennedy, by and through her counsel of record, Bradley L. Griffie, Esquire and the law firm of Griffie & Associates, and petitions the Court as follows: 1. Your Petitioner is Ruth A. Kennedy, the above named Plaintiff, currently residing at 136 East Louther Street, Carlisle, Pennsylvania. 2. Your Respondent is Samuel Eugene Kennedy, the above named Defendant, currently residing at 215 West Pine Street, Mt. Holly Springs, Pennsylvania, and who is represented in these proceedings by Karl E. Rominger, Esquire of 155 South Hanover Street, Carlisle, Pennsylvania. 3. Based upon the filing of a Complaint in Partition and Answer filed thereto, a hearing is scheduled in this matter for Wednesday, May 30, 2012, at 9:30 a.m. in Courtroom No. 6 of the Cumberland County Courthouse, Carlisle, Pennsylvania. 4. Upon agreement of the parties, the property at issue has been appraised and the parties have accepted the appraisal provided by the mutually selected real estate appraiser. 5. The real estate appraiser indicated to the parties that he did not feel he had the expertise to provide a rental value for the property at issue for the 15 year period at issue in this matter. 6. Petitioner has secured the name of an expert for purposes of providing a rental value of the property for the 15 year period at issue in these proceedings, but Respondent has not yet concurred in the use of that expert. 7. It is essential that the Court have available for decision, and that the parties have available for negotiations, the rental value of the property from the time Petitioner moved from the property to present. 8. Even under circumstances where Respondent would concur in the use of the expert proposed by Petitioner, there will not be sufficient time for that expert to secure all of the necessary information to provide a statement as to the rental value of the property prior to the scheduled hearing. 9. The case will not be in a position to be tried on May 30, 2012 as scheduled. 10. Having the information relative to the rental value available will be of benefit to the parties in their attempts to negotiate a resolution of this matter prior to trial and no negotiations can take place until the rental value is secured. 11. Petitioner, with the concurrence of Respondent, requests your Honorable Court to reschedule this matter to a new date. WHEREFORE, Petitioner requests your Honorable Court to continue the hearing presently scheduled for May 30, 2012 at 9:30 a.m. to a later date. Respectfully submitted, I N - , 4-U&\ AN- Bradley L. Griffie, Esquire Attorney for Petitioner Supreme Court ID No. 34349 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 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: i z Rut A. Kennedy RUTH A. KENNEDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION -LAW SAMUEL EUGENE KENNEDY, NO. 2012-227 CIVIL TERM Defendant INEQUITY Prior Judge: Thomas A. Placey CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire hereby certify that I did, the lam` 'day of May, 2012, cause a copy of the within Petition for Continuance to be served upon the Defendant, Samuel Eugene Kennedy, by serving his attorney of record by first class mail, postage prepaid, at the following address: Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 DATE: c b-'4 4 Bradley L. Griffie, squire Attorney for Plaintiff RUTH A. KENNEDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION -LAW SAMUEL EUGENE KENNEDY, NO. 2012-227 CIVIL TERM Defendant INEQUITY Prior Judge: Thomas A. Placey ORDER OF COURT 1,14 AND NOW, this 24 day of 2012, upon presentation and consideration of the within Petition for Continuance, the hearing currently scheduled nWD for May 30, 2012 at 9:30 a.m. is hereby continued to , the h day of 2012, at o'clock, Em., in Courtroom No. 6 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Thomas A. Pl ey, Judge Cc: Bradley L. Griffie, Esquire Attorney for Plaintiff ? Karl E. Rominger, Esquire rn c Attorney for Defendant ?p,C s a. led < ? - . r 0 RUTH A. KENNEDY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION -LAW SAMUEL EUGENE KENNEDY, NO. 2012-227 CIVIL TERM Defendant INEQUITY Prior Judge: Thomas A. Placey ORDER OF COURT AND NOW, this -day of Ull1E , 2012, upon presentation and consideration of the within Petition for Continuance, the hearing currently scheduled for July 2, 2012 at 1:30 p.m. is hereby continued to , the 4A day of &?CzaaqfL , 2012, at 0 o'clock, A .m., in Courtroom No. 6 of the Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Thomas A. Placey, Judge Cc" Bradley L. Griffie, Esquire /Attorney for Plaintiff Karl E. Rominger, Esquire ? Attorney for Defendant L C c (20 1 yes :r;v r ? trite - po _<)> W L CD C) c:, I ~J RUTH A. KENNEDY, 1N THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION -LAW SAMUEL EUGENE KENNEDY, NO.2012-227 CIVIL TERM Defendant 1N EQUITY :Prior Judge: Thomas A. Placey ORDER OF COURT ~~ of August, 2012, upon presentation and consideration AND NOW, this of the within Petition, IT IS HEREBY ORDERED AND DIRECTED that the hearing scheduled for September 6, 2012 at 9:30 a.m. in Courtroom Number 6 of the Cumberland County Courthouse, Carlisle, Pennsylvania, is continued generally. ~~ ' Thomas A. Pl ey, Judge c ~ ~ ~~ N ~ ."'~ ~ ~' Cc~Bradley L. Crriffie, Esquire . ,~ Attorney for Plaintiff w =„ ~--~ Karl E. Rominger, Esquire ~,~~ ~ z ~' Attorney for Defendant ~ _ ~:' -.~ ~ w crj ~"~ `-~'~@s rya-~l~d ~r~aq~a ~~~