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Home My WebLink About12-6716~i: , - ~.,. MATTHEW K. KIMF3LE, Plaintiff vs. COURTI~IEY L. DRAHO~ISKY, Defendant IN THE COURT Or COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW N o . 2 ~ 1 ~' X01 ~ ~.N ~tV (. : I lv PARTITION N O T I C E You have been sued in Cour'~. rf you wish r_o defend against the ~ ~_aims see forth in the fci:to„ri~~g paces; ,tiou mList. .,aye act.ior_ W~til~_ri twenty ~2~~ days after tr:~c ~OTip ri'' (-: i'1 IVCitLC:e :are served by entering a written appearan~_r- p~;__~~;nall-y or !~~ attorney and f -ling in Writirxg with the Co~:~rt ~c;ur defensE-':< cr :rb ec:ticn~ tc the-. :1alm set fort}: aga~ns.±= yOU. '~Oi~ are G;arned gnat. _~f ~'OU fat-i ?=0 d0 SO, the Ca Se Tlla`r' ~L~O^eeC~ WithOt~t yo'1 and ]Udgnlent may be entered against you by tl~e Court ~ai~-!gout. further_ ~ of i ~;E'_ for any money Maimed _in the C~~m}~laint c:r +or :xny "r_her ~.-ai-1~~ ~~r retie-~ requested by th.e P:Lai_r~tiff. Y:~.~ may lose money ~,r prope rty cr other rights iTMlportant to yo~.: . 'fOtJ; SHOULi~ TAKE 'T'HIS ~'AREr TO YOUR ~:,,WYER. A'}' ONCE. ~ you do r.o-~ ~.ave a 1-awyE:r or c.a.nnot. a=zc;lci or?e, go t~ or tc~le~~'~~~ne the Off1Ch set 1.Crth I~.~Ow t0 f11?d ~Jll~_- ~~J;;r.?:~~ ~U Can. get ~_eU~..L Help, CrJMBERxaPiND CU'l.7L~'TY B~~:: ASS~DCIATION ?~. ti . n;'Cif Cri:t J1.1 ~~ i -T-„'', .> i R~E~ex ~ ~ . Keys , Jr . , Esqui e ~•1~-a_ic~ri, ~ e;~_r sy! ~.~~n ! ~. ?'~42 ~ ~I o3. Is~~~l al ,`~ ~ l¢ ll9~0 MATTHEW K. KIMBLE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. COURTNEY L. DRAHOVSKY, No. 2012- Defendant IN PARTITION C O M P L A I N T AND NOW, comes Plaintiff, Matthew K. Kimble, by his attorney, Robert B. Keys, Jr., Esquire, and respectfully sets forth the following: 1. Plaintiff is Matthew K. Kimble, an adult individual, sui juris, who resides at 247 North Fisher Street, Jonestown, Lebanon County, Pennsylvania. 2. Defendant is Courtney L. Drahovsky, an adult individual, sui juris, who resides at 43 North Enola Drive, Enola, Cumberland County, Pennsylvania. 3. On or about September 29, 2010, Plaintiff and Defendant purchased real property situate at 43 North Enola Drive, Enola, East Pennsboro Township, Cumberland County, Pennsylvania (hereinafter referred to as "subject property") for consideration of one hundred forty five thousand dollars ($145,000.00), as is evidenced by their Deed dated and recorded in the Cumberland County Recorder of Deeds Office on November November 7, 2010 in Deed Book 201032483 A true and correct copy of said Deed is attached hereto, marked Exhibit "A" and is incorporated herein by reference. 4. Each of the parties has one-half interest in the ownership of the subject prcperty as joint tenants. 5. Defendant is currently in possession of the subject property. 6. The Plaintiff is no longer interested in continuing to possess an ownership interest i.n the subject property in concert with the Defendant. 7. The subject property is :lot capable of being divided without prejudice to or spoiling the who:ze of the real property since the real property essentially consists of one residence. WHEREFORE, Plaintiff respectfully requests This Honorable Court to grant the following relief: 1. Order the partition of the subject property such that each party hereto sha:11 be deemed to have a one-half ownership interest in the subject premises; 2. Direct the parties to appear f_or a Preliminary conference to consider this matter as is set forth in Pa.R.C.P. 1558. 3. Grant such other relief to the Plaintiff. as the Court deems just and proper. Respectfully submitted, V Robert B. Keys, Jr., Lsqu're 322 South Eighth Street Lebanon, PA 17042 (7i7) 274-1678 Attorney I.D. No. 27999 Attorney for Plaintiff VERIFICATION I, Matthew K. Kimble, hereby verify that the information in the within Complaint is true and correct to the best of my knowledge and belief. 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 : /C~-3\- \ 2 M8t~1®M K. ~(~ ~~~ ~~ Prepared By Rrst Ameriran Title Insurance Company 323 South 8th Street Lebanon, PA 17042 (717)2748085 Return To First American Title Insurance Company 323 South 8th Street Lebanon, PA 17042 (717)274-8085 Order No.: LLT1684510 U Property Address: 43 North Enola Drive, Enola, Pennsylvania 17025 Tax Parcel ID: 09-14-0832-371 Township of East Pennsboro, Cumberland County THIS INDENTURE u~m ~,3w ~, Made the ~ day of September, 2010, between Thomas ]. Sdtratz, ]r. (hereinafter called the Grantor(s)) AND Matthew K. Kimble and Courtney L. Drafiovslcy, jolint tenants with right of survivorship (hereinafter called the Grantee(s)). Witnesseth, That the said Grantor(s) in consideration of ONE HUNDRED FORTY FIVE THOUSAND dollars ($145,000.00) paid to the Grantor(s) by the Grantee(s), receipt of which is hereby acknowledged, does (do) grant, bargain, self and cornet' to the said Grantee(s), his, her, their heirs, personal representatives, its successors and assigns. ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the western line of North Enola Drive, formerly called Summit Road, eighty- seven and four-tenths (87.4} feet South of the Southwest comer of the intersection of Pent' Street and North Enola Drive; thence westwardly along the southern line of Lot No. 2, Section "B", on the hereinafter mentioned Plan of Lots, one hundred forty (140) feet bo a point in the eastern line of a twelve (12) foot wide alley; thence southwardly along the eastern line of said twelve (12) foot wide alley, thirty- seven (37) foot to a point; thence eastwardly, parallel with the southern line of Lot No. 2, Section "B", one hundred forty (140) feet to a point in the western line of North Enola Drive; thence nortiiwardly along the western line of North Enola Drive, thirty-seven (37) feet to a point, the Place of BEGINNING. BEING the northern thirty-seven (37) feet of Lot No. 3, Section "B", in the Plan of Lots knofrm as Plan No. 1, Hoopy's Addition to Enola, said being recorded in the Office for the Recording of Deeds in and for Cumberland County in Plan Book 1, Page 7. TAX MAP NO. 09-14-0832-371 BEING the same premises which Lionel E. Goddard, Jr. and Abby E. Goddard, his wife, by Deed dated 10- 31-96 and recorded 11-06-96 in the Office of the Rernrder of Deeds in and for the County of Cumberland in Record Book 148 Page 862, granted and rnnveyed unto Thomas J. Schratr, Jr. EXHIBIT "P~ (~ENERAUSPECL4L WARRANTY DEED/INDMDUAL or CORPORATE} Order No.: L1T16~510 Q Page 2 Together with all -and singular the buildings, improvements, ways, streets, alleys, driveways, passages, waters, ,water-courses, rights, IiberGes, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, daim and demand v~rhatsoever of the said Grantor(s), as wel{ at law as in equity, of, in and to the same. To have and to hold the said lot or piece of ground above described, hereditaments and presses hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee(s), his, her, their, heirs, personal representatives, its successors and assigns, tD and for the only proper use and benefit of the said Grantee(s), his, her, their, heirs, personal representatives, its successors and assigns, forever. AND the said Grantor(s), and his, her, their, heirs and persona! representatives, its successors does (do) covenant, promise and agree, to and with the said Grantee(s), his, her, their heirs, personal representatives, its successors and assigns, by these presents, that the said Grantor(s) his, her, their, heirs, and personal representatives, its successors, all and singular the hereditaments and premises hereby granted or mentioned and intended so to be, with appurtenances, unto the said Grantee(s), his, het their heirs, its successors and assigns, against the said Grantor(s) and his, her their heirs, its successors, and against all and every person and persons whosoever lawfully daiming or to daim the same or any part thereof, by, from or under any of them, shall and will warrant specially the property hereby conveyed. (GENERAUSPECIAL WARRANTY DEED/INDMDUAL or CORPORATE) Order No.: LLT1684510 Q Page 3 In Witness Whereof, the said Grantor(s) has (have) hereunto set his/her/its/their hands and seals. Dated the day and year first above written. WITNESS: Thomas J. c ratr Jr. State of Pennsylvania County of CumbeMand dc. On this, the o~9 day of September, 2010, before me the undersigned officer, personaNy appeared Thorn ]. Schratz, ]r., known to me (or satlsfactorily proven) to be the or persons whose name( ~~ subscribed to the within instrument, and acknowledged he ~ executed the same for the purposes therein contained. ~~~ In witness whereof, I hereunto set my hand and offldal seal. Notary Pu CERTIFICATE OF RESIDENCE I hereby certify that the predse residence of the grantee(s) herein is 43 North Enola Drive, Enoia, Pennsylvania 17025 t s) COb -MGPiF~u1LIH OF PENNSYLVPu~II.; NO~TA~IAL SE4L--~ Al~byF.`N~n3el,NotaryFublic Westi~etr~eMToa~sitip,Lrncrstet~oaatY ii 14Ijr am~missinn ba 16, 2Q12 f Record and return to: First American Title Insurance Company 323 South 8th Street, Lebanon, PA 17042 r ;_ ~-~jP ~~~;~~ i F~~?r~~~Ca ~~~ Il: ;~ ~~~'~~~YL~~N~q`~1~~.., PRAECIPE FOR ENTRY OF APPEARANCE MATTHEW K. KIMBLE, Plaintiff vs. COURTNEY L. DRAHOVSKY, Defendant of Robert B. Keys, Jr., Es whose address is 322 South Eighth Street, Lebanon, PA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2012- lp~~V~ ~~~` IN PARTITION TO PROTHONOTARY OF SAID COUNTY: Please enter the appearance re as Attorney(s) for Matthew K. Kimble 17042 the Plaintiff in above-captioned case. Dated: l'- ~" ~ ~. Robert B. Keys, Jr., Esquir Attorney I.D.~k 27999 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ~4,~ut~ ~+~ ~urnt~rrf~~~ ~~ ~, ~~~ ~~= l~N~ P~tOT O~tOTA~` 20f2 NOV ~4 AM 8:35 ~UMBERLANfl COUNTY PEN~usYZVar~~a Matthew Kimble Case Number vs. Courtney L Drahovsky 2012-6716 SHERIFF'S RETURN OF SERVICE 11/06/2012 07:57 PM -Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint & Notice by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Courtney L Drahovsky at 43 North Enola Dr., East Pennsboro Township, Enola, PA . DEN IS FRY, DF~ SHERIFF COST: $43.45 November 07, 2012 SO ANSWERS, RON R ANDERSON, SHERIFF r. Ci7uMySuite Sf;nnm, Tehresoft.. Ir;^,. MATTHEW K. KIMBLE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. COURTNEY L. DRAHOVSKY, ; DEFENDANT NO. 12-6716 CIVIL IN RE: MOTION FOR ORDER DIRECTING PARTITION ORDER OF COURT AND NOW, this 27th day of March, 2013, this being the time and place set for a Preliminary Conference pursuant to Pa.R.C.P. 1558 regarding Partition of the Parties' Property, and the Court having been advised that the parties have agreed to the following: 1. Within 60 days from today's date the Defendant, Courtney Drahovsky shall complete the application process to assume the Capital Chase mortgage that presently encumbers the property and have the Plaintiff, Matthew Kimble, released from all responsibility upon that mortgage and accompanying note. Thereafter Ms. Drahovsky shall have 60 days to conclude the re-assumption process. 2. Mr. Kimble agrees to contribute either$2,000 or Y2 of the costs of this assumption, whichever is less. 3. If Ms. Drahovsky is unwilling or unable to accomplish this assumption process within this 120 day period, then the parties will list the property for sale with Century 21 Real Estate firm and accept any bona fide offer of purchase, not less than $128,000.00 with the parties thereafter to equally share in the profit or deficiency by sale of this property IT IS HEREBY ORDERED AND DIRECTED THAT the preliminary conference in this matter will be continued to the call of the parties. By the Court, ��- t �-a \ / M. L. Ebert, Jr., J. Robert B. Keys, Jr., Esquire Attorney for Plaintiff Johanna Rehkamp, Esquire - cn Attorney for Defendant 3 bas