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HomeMy WebLinkAbout12-3595CAROLINE FIELDS, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA is 3596- : m V. : NO. Civil Term -' THOMAS FARMER, : CIVIL ACTION - EQUITY= _.aP Defendant : PARTITION OF REAL PROPERTY co NOTICE TO DEFEND •• 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 St. Carlisle, Pa. 17013 (717) 249-3166 CAROLINE M. FIELDS, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. /oZ - Civil Term THOMAS E. FARMER, : CIVIL ACTION - EQUITY Defendant : PARTITION OF REAL PROPERTY COMPLAINT FOR PARTITION AND NOW, comes the Plaintiff, Caroline M. Fields, by and through her attorney, Jane Adams, Esquire, and avers the following in support of her request for the Partition of Real Property: 1. Plaintiff, Caroline M. Fields, is an adult individual who currently resides at 574 W. Louther Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant, Thomas E. Farmer, is an adult individual who currently resides at 318 N. Bedford Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant were married on November 1, 1997 and were divorced on June 29, 2011, pursuant to a divorce Decree entered in Cumberland County under Docket No. 2011- 459. 4. During the course of the marriage, the parties acquired a home, which is located at 318 N. Bedford Street, Carlisle, Pa. 17013. Defendant currently resides in this home. 5. The Deed to this property was recorded and filed with the Cumberland County Recorder of Deeds on April 27, 2004 in Deed Book 262, Page 3422. A copy of the Deed is attached as Exhibit A. 6. During the divorce, the parties did not enter into a marriage settlement agreement which provided for a disposition of the marital home, and the deed to the home and the loan obligation is still in joint names. 7. Plaintiff owns the property as a co-tenant in common with Defendant. 0 4/cc--75- PD AT7Y e,rq ?? 8. The parties have been unable to agree on the terms for an orderly distribution and partition of the property. 9. Both parties are listed on the mortgage loan obligation. 10. Plaintiff continues to pay the mortgage and taxes associated with the property, even though she has not lived there since May 2010, as she is concerned for the upkeep of the mortgage payments as well as her credit rating. 11. Plaintiff has asked Defendant to refinance the mortgage obligation in his name alone, and indicated she would sign off on the Deed, and Defendant has declined to pursue such an option. 12. Plaintiff believes and avers that the Court should partition said property, by directing a sale of the same, in that Plaintiff does not believe the property can be divided into purparts without spoiling the whole. WHEREFORE, Plaintiff requests this Honorable Court to direct a partition of the property and enter an Order as deemed appropriate per Pennsylvania Rules of Civil Procedure, Rule 1558. Respectfully submitted, Date: e Adams, Esquire kO. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF FAUser FokIWFirtn Door\ReaMaKc%Dee&3"5-1.D=d.wpd 15363 Iqe-" Prepared By: Michael J. Hanft, Esquire HANFT & KNIGHT, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 Parcel No.: 02-20-1800-249 THIS DEED MADE THE BETVAEEN 1 W F-- i--H -1 W Z r-i ca =31 -r LL ? E t,l U Lit - N L 1 LY- " CC c -. day of c-? in the year two thousand four (2004). JASON E. RICHWINE and KELLY A. RICHWINE, husband and wife, of Mt. Holly Springs, Cumberland County, Pennsylvania, hereinafter referred to as: Grantors, THOMAS E. FARMER and CAROLINE M. FIELDS, husband and wife, of Lemoyne, Cumberland County, Pennsylvania, hereinafter referred to as: Grantees, WITNESSETH, that in consideration of NINETY FOUR THOUSAND AND N01100 ($94,000.00) DOLLARS in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantees, their heirs and assigns: ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on North Bedford Street; thence in a westerly direction, and through the center of the partition wall between the house erected on the lot hereby conveyed and the house erected on the adjoining lot on the north, a distance of one hundred twenty (120) feet, more or less, to a point on an alley; thence in a southerly direction along said alley a distance of twenty-two and one-half (22 '/:) feet, more or less, to a point on line of property now or late of Milton Souder; thence in an easterly direction along said line a distance of one hundred twenty (120) feet, more or less, to a point on said North Bedford Street; thence in a northerly direction along said street a distance of twenty-two and one-half (22 '/z) feet, more or less, to the place of BEGINNING. TOGETHER with all and singular tenements, hereditaments and appurtenances to ow 20 mtE3422 (?;? 4 1!4- - the same belonging, or in any way appertaining, and the reversion and reversions, remainder or remainders, rents, issues and profits thereof; AND ALSO all the estate, rights, title, interest, property, claim and demand whatsoever, both in law and equity, of the said party of the first part, of, in, to or out of the said premises, and every part parcel thereof. TO HAVE AND TO HOLD the said premises, with all and singular the appurtenances, unto the said party of the second part, their heirs, successors or assigns, to and for the only proper use and behoof of said party of the second part, their heirs, successors and assigns forever. AND the said party of the first part, their heirs and assigns, does by these presents, covenant, grant and agree to and with the said party of the second part, their heirs, successors and assigns, that the said party of the first part, their heirs, successors and assigns, all and singular the hereditaments and premises herein above described and granted, or mentioned and intended so to be, with the appurtenances unto the said party of the second part, their heirs, successors or assigns, against the said party of the first part and their heirs, successors and assigns, and against all and every other person or persons, whomsoever, lawfully claiming or to claim the same or any part thereof, by, from or under him, her, them or any of them, shall and will, subject to aforesaid SPECIALLY WARRANT and DEFEND. BEING the same premises which Scott S. Hench, married man, by his Deed dated April 21, 1997 and recorded April 22, 1997 in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania in Deed Book 156, Page 172, granted and conveyed unto Jason E. Richwine and Kelly A. Richwine, husband and wife, Grantors herein. SUBJECT, HOWEVER, to such recorded easements, restrictions and conditions that may apply to the afore-described tract of land. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. On i'1:., '• _ C1 " .. :7r m rl•l ;r_I :YG F. y •'_' C-rf Xj .:_?e • to as + r'. ?1 'y;.....; -" :J I C. 4 it 1,11 . ? tli w • • a a w w • • - 71 Its 262 ?xo3423 IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE . (SEAL) 16on E. Richv ne (SEAL) Kelly ,& Richwine COMMONWEALTH OF PENNSYLVANIA ) ss. COUNTY OF CUMBERLAND ) On this, the day of , 2004, before me, the undersigned officer, personally appeared, Jason E. Richwine and elly A. Richwine, husband and wife, known to me or satisfactorily proven to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) Notanai Sear Jennifer Gross No?,-,v Camp "ill Boro, Cumo?:?±ac .c:. II my commission Exri os SEn:: CERTIFICATE OF RESIDENCE I hereby certify that the precise residence and complete post office address of the within Grantees is: SLS Ill ('11111herland County PA Attorney for drantees Recorder of Deeds = wfa'" VERIFICATION 1 verify that the statements made in this Complaint 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: G I S ,2 L.) I ?L- Caroline M. Fields, Plaintiff AFFIDAVIT OF SERVICE Commonwealth of Pennsylvanian Case Number: !a ? -5s --q ?J County of Cumberland Court Plaintiff: Caroline M. Fields vs. Defendant: Thomas E. Farmer For: Jane Adams Jane Adams Attorney At Law J moo, f a -- 3 sus Received by Pennsylvania Professional Process Svc. to be served on Thomas E. Farmer, 318 N. Bedford St., Carlisle, PA 17013. 1, Cri,+r A&.% ?,VC AC I being duly sworn, depose and say that on the 50"- day of , 20 v.1 at 2_:6o .m., executed service by delivering a true copy mf3the,.,, Complaint for Partition in accordance with state statutes in the manner marked below: -pz (y?( INDIVIDUAL SERVICE: Served the within-named person. =^ cam-, 'r ?. l O SUBSTITUTE SERVICE: By serving as O NON-SERVICE: For the reason detailed in the° Comments Below ?' - ?sr COMMENTS: 1A-) tC3 arner: C101 _(c,, wL1'f4r , 1.51" b410r G`v" HoA3 3sy«.,s_6l11 I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. who PROCESS SERVER # Appointed in accordance with State Statutes Pennsylvania Professional Process Svc. P.O. Box 1148 Carlisle, PA 17013 (800) 863-2341 COMMONWEAL OF PENNSYLVANIA Our Job Serial Number: 2012000572 l t seal M. Mktw#e , Notary Pubk carllsle Bornberland County My Coryln1Wim EXpIreS J* 9, 2016 Copyright ©1992.2011 Database Services, Inc. - Process Server's Toolbox V6.5d MEMNFR PENNSYLVANIA ASSpCUT10N OF NOITARIES IN THE COURT OF COMMON PLEAS OF ~ f ~; C UMBERLAND COUNTY PENNSYLVANIA - T~ `'`' , ~ - CAROLINE FIELDS, ~r "'r w r - 'r' Plaintiff ; .,~ ~ CIVIL ACTION - EQUIT~~ ~ ~ ~~ ~=~-~= v• NO. 2012-3595 ~ ~'= w c ~'~ THOMAS FARMER, ; `~ r" + Defendant PARTITION OF REAL PROPERTY PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Thomas Farmer, in the above-captioned matter. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Sean M. Shultz, Esquir~~ Attorney ID No. 90946 26 W. High Street Carlisle, Pennsylvania 17013 (717) 24 ~-6222 Attorney for Defendant Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jane Adams, Esquire 17 W. South Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff Respectfully submitted, Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 CAROLINE FIELDS, Plaintiff v. THOMAS FARMER, Defendant CIVIL ACTION -EQUITY NO. 2012-3595 PARTITION OF REAL PROPERTY CERTIFICATE OF SERVICE AND NOW, this 30`" day of November, 2012, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing Praecipe to Enter Appearance by hand-delivery, as follows: SAIDIS, SULLIVAN & ROGERS ~~ Sean M. Shultz, Esquire Attorney ID No. 90946 26 W. High Street Carlisle, Pennsylvania 17013 (717) 243-6222 Attorney for Defendant