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HomeMy WebLinkAbout04-5525LAW OFFICES OF EDWARD J. MIMNAGH EDWARD J. MIMNAGH, ESQUIRE Attorney I.D. No. 87860 203 West Caracas Avenue Hershey, PA 17033 Telephone No. (717) 534-2600 Email: mimnagh.lawQverizon.net Attorney for Plaintiff BETHANY E. BARGE, Plaintiff V. ROBERT A. BARGE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. t : CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (800) 990-9108 LAW OFFICES OF EDWARD J. MIMNAGH EDWARD J. MIMNAGH, ESQUIRE Attorney I.D. No. 87860 203 West Caracas Avenue Hershey, PA 17033 Telephone No. (717) 534-2600 Email: mimnagh.law@verizon.net Attorney for Plaintiff BETHANY E. BARGE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ©y -- J". -F5" law CA. BARGE, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Bethany E. Barge, who has resided at 823 South Humer Street, Enola, Cumberland County, Pennsylvania 17025, for the last fifteen years. 2. Defendant is Robert A. Barge, who has resided at 823 South Humer Street, Enola, Cumberland County, Pennsylvania 17025, for the last seventeen years. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 10, 1994 in York Haven, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. COUNT I. - GROUNDS FOR DIVORCE 9. Paragraphs 1 through 8 are incorporated herein by reference thereto. 10. Plaintiff avers that the grounds on which the action is based are as follows: a. That Defendant has offered such indignities to Plaintiff, the injured and innocent spouse, so as to make Plaintiff's condition burdensome and life intolerable; b. The marriage is irretrievably broken; C. The parties separated on September 9, 2004; d. At the appropriate time, Plaintiff will submit an affidavit alleging that the parties have lived separate and apart for at least two years; COUNTII. - ALIMONY 11. Paragraphs 1 through 10 are incorporated herein by reference thereto. 12. Plaintiff lacks sufficient property to provide for her reasonable needs. 13. Plaintiff is unable to sufficiently support herself through appropriate employment. 14. Defendant has sufficient income and assets to provide continuing support for Plaintiff. COUNT III. - ALIMONY PENDENTE LITE AND ATTORNEY'S FEES AND COSTS 15. Paragraphs 1 through 14 are incorporated herein by reference thereto. 16. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 17. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 18. Plaintiff's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 19. Defendant has adequate earnings to provide for Plaintiff's support and to pay her counsel fees, costs and expenses. COUNT IV. - EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 20. Paragraphs 1 through 19 are incorporated herein by reference thereto. 21. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. WHEREFORE, Plaintiff requests this Honorable Court: a. Enter a decree of divorce; b. Equitably distribute all property, both personal and real, owned by the parties; C. Compel Defendant to pay alimony pendente lite to Plaintiff; d. Grant Plaintiff attorney's fees and costs; e. Compel Defendant to pay alimony to Plaintiff; and f. Grant such further relief as the Court may deem equitable and just. Respectfully Submitted: LAW,QFkPCES OF EDWARD J. MIMNAGH Date: November 1, 2004 ,t I/ - d-4.i - By: ?. EDWARD J. MIMNAGH, SQU E Attorney I.D. No. 87860 203 West Caracas Avenue Hershey, PA 17033 Telephone No. (717) 534-2600 Attorney for Plaintiff VERIFICATION I, BETHANY E. BARGE, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. ?, alt DATE: ltd U77?? BETHAN B 3GE 1 -?L O `' L N Oo x . 1 ` ? J BETHANY E. BARGE, IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA V. NO. by ?ur.25' Ct- v -1.??1L ROBERT A. BARGE, CIVIL ACTION - LAW Defendant IN DIVORCE PETITION FOR SPECIAL RELIEF AND FOR THE EXCLUSIVE RIGHT TO RESIDE IN THE MARTIAL RESIDENCE PURSUANT TO THE DIVORCE CODE §3104(a), 3323(f), 3502(c) AND PENNSYLVANIA RULE OF CIVIL PROCEDURE 1920.43 Petitioner, Bethany E. Barge, by and through her attorney, files this Petition for Special Relief seeking the exclusive right to reside in the marital residence with the parties' child and, in support of the Petition, respectfully represents that: 1. Petitioner is Bethany E. Barge, Plaintiff in this action, who currently resides at 823 South Humer Street, Enola, Pennsylvania 17025. 2. Respondent is Robert A. Barge, Defendant in this action, who currently resides at 823 South Humer Street, Enola, Pennsylvania 17025. 3. The parties are husband and wife having been married on September 10, 1994. 4. Simultaneously with the filing of this Petition, Petitioner is filing a Complaint in Divorce pursuant to section 3301(c) of the Divorce Code, seeking, inter alia, alimony, alimony pendente lite, counsel fees, costs and expenses, and equitable distribution. 5. The parties are the parents of the following unemancipated child who resides with Petitioner at 823 South Humer Street, Enola, Pennsylvania 17025: a. Danielle Renae Barge, born November 20,1991. 6. The parties are owners as tenants by the entireties of real property located at 823 South Humer Street, Enola, Pennsylvania 17025, which has been the marital residence of the parties for the last fifteen -(15) years. 7. The parties separated on September 15, 2004. 8. Petitioner should be granted exclusive possession of the residence at 823 South Humer Street, Enola, Pennsylvania, for the following reasons: a. Respondent has engaged in a continuous course of conduct which is mentally abusive to Petitioner, constantly degrading her in front of her children (the parties' minor child and Petitioners child, April Frock, (age 14) from a prior relationship). Particularly, Respondent has: L On or about September 6, 2004, removed the bedroom door after an argument with Petitioner; ii. On or about September 7, 2004, boarded up the windows with plywood and covered the entry way with plywood. He then proceeded to wedge pieces of wood in the doors and windows to keep them locked and unopenable. iii. On or about September 7, 2004, shined a spotlight out the covered windows and asked Petitioner if she had "people coming to pick him up„ iv. On or about September 9, 2004, cut his wedding band in half and left it on the kitchen table taped to a wedding picture with a derogatory message about Petitioner. V. In September, 2004, Respondent called Petitioner's family members and told them that she was having extramarital affairs with multiple men and women and that he caught her with other men in bars and hotels. All of these things were said in front of the children. vi. Respondent, on numerous, occasions, removed things from Petitioner's purse and car-social security cards, jewelry, credit cards, etc. vii. In September, 2004, Respondent removed pictures from the walls and cut them in half and left them in the yard and on the porch for Petitioner and the children to find upon returning home from work and school. viii. Respondent removes or hides items of importance such as, car keys, money, camper keys, watch, rings, checkbook, and purse only to return them later. He will then proceed to say to Petitioner "you're crazy', "you're off your rocker" and "you need to be put on meds". b. On or about September 18, 2004, when Petitioner returned to the marital residence to discuss a possible reconciliation with Respondent. After spending the night with Respondent, Respondent threw Petitioner and her belongings out of the house. c. In October, 2004, Respondent put a chain and lock on the kitchen refrigerator so that Petitioner and the children could not have access to same. d. The marital residence is the only home the parties minor child has ever known. e. Respondent works out of town the majority of the week and is therefore not even utilizing the marital residence. f. Petitioner's limited financial means make it difficult if not impossible to find housing for herself and two children that is affordable. The marital residence is free and clear from a mortgage. Respondent is the primary wage earner of the family and is in a better position to find suitable, alternative housing for himself. 9. Upon information and belief, Respondent's action and conduct are harmful to Petitioner and the parties' child and disrupt the social and domestic fabric of the family. 10. Petitioner has requested that Respondent remove himself from the marital residence and he has refused to do so. 11. Section 3323(f) of the Divorce Code, provides that: The court shall have full equity power and jurisdiction and may issue injunctions or other order which are necessary to protect the interest of the parties or to effectuate the purposed of this part, and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the court has jurisdiction and who is involved in or concerned with the disposition of the cause. 12. Petitioner has no adequate remedy at law. 13. Section 3502(c) of the Divorce Code provides that: "the court may award, during the pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence." 14. Petitioner believes and, therefore, avers that granting her the exclusive right to reside in the marital residence with the parties' child will effectuate the purposes of the Divorce Code as set forth in Section 3102(a), including the goal of mitigating the harm to the spouses and their children which is being caused by the legal dissolution of the marriage. 15. Upon information and belief, the stability of the child of the marriage would best be served by granting Petitioner's request for the exclusive right to reside in the marital residence with said child. See Laczkowski v. Laczkowski, 344 Pa.Super.154, 496, A2d 56 (1985). 16. Upon information and belief, the aim of the Divorce Code would best be served by awarding Petitioner the right to live in the family home with the parties' child without intrusion by Respondent. WHEREFORE, Petitioner prays that this Honorable Court award to Petitioner the right to live in the marital residence with the parties' child to the exclusion of such right by Respondent, enjoin Respondent from entering the premises or interfering with or preventing the continued habitation therein by Petitioner and the child and grant such other relief as this Honorable Court may deem appropriate. L P(W OFFICS OEDWt.RD J IMNAGH Date: November 1, 2004 By: EDWARD J. MIM GH, ESQUIRE Attorney I.D. No. 87860 203 West Caracas Avenue Hershey, Pennsylvania 17033 Telephone (717) 534-2600 Attorney for Plaintiff VERIFICATION I, BETHANY E. BARGE, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. DATE: /Q-ra?7{1 f / j74 ?£E'f CERTIFICATE OF SERVICE I, EDWARD J. MIMNAGH, ESQUIRE, Attorney for Plaintiff herein, do hereby certify that on this date I served the foregoing Petition for Special Relief by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Robert A. Barge 823 South Humer Street Enola, PA 17025 LAW FFICES F EDY J. MNAGH Date: November 1, 2004 By: EDWARD J. MIMN H, ESQUIRE Attorney I.D. No. 87860 203 West Caracas Avenue Hershey, PA 17033 Telephone No. (717) 534-2600 Attorney for Plaintiff BETHANY E. BARGE, IN THE COURT OF COMMON PLEAS Plaintiff DAUPHIN COUNTY, PENNSYLVANIA V. NO. C?4 Ct v,L ROBERT A. BARGE, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER FOR RULE TO SHOW CAUSE AND NOW, this 4? r day of A4W.41 , upon consideration of Petitioner's Petition for Special Relief and for the Exclusive Right To Reside In The Martial Residence Pursuant To The Divorce Code §3104(a), 3323(f), 3502(c) And Pennsylvania Rule Of Civil Procedure 1920.43, a Rule is hereby issued for Respondent, Robert A. Barge, to show cause, if any, why the relief requested by Petitioner should not be granted. RULE RETURNABLE 7-0 days from service thereof. ?.oa BY THE COURT: J• VMI BETHANY E. BARGE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5525 CIVIL TERM ROBERT A. BARGE, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, JANE ADAMS, ESQUIRE, do hereby acknowledge service of a true and correct copy of the Petition for Special Relief and for the Exclusive Right to Reside in the Marital Residence Pursuant to the Divorce Code §3104(a), 3323(f), 3502(c) and Pennsylvania Rule of Civil Procedure 1920.43 in the above-captioned matter directed to my client, Robert A. Barge, pursuant to Pennsylvania Rule of Civil Procedure No. 402(b). Date: ? 3o \6,-\ ADAMS, ESQUIRE 36 S uth Pitt Street Carl le, PA 17013 hone (717) 245-8508 Attorney for :Defendant Robert A. Barge ?? o - v c.?" r __. ??' ? .. ?? t"i1 f„'? (Jig- ? a??? 't.. ' ? z ? " Z:9 ?^1 BETHANY E. BARGE, Plaintiff V. ROBERT A. BARGE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5525 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, JANE ADAMS, ESQUIRE, do hereby acknowledge service of a true and correct copy of the Complaint in Divorce in the above-captioned matter directed to my client, Robert A. Barge, pursuant to Pennsylvania Rule of Civil Procedure No. 402(b). Date: ADAMS, ESQUIRE 36 outh Pitt Street arlisle, PA 17013 Telephone (717) 245-8508 Attorney for :Defendant Robert A. Barge t ' '1 f CI4 ,., rr. ?' P ?1 - 7 ''= a c a , ? .? 7 BETHANY E. BARGE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04 - 5525 Civil Term ROBERT A. BARGE, : CIVIL ACTION - LAW Defendant : IN DIVORCE DEFENDANT'S ANSWER AND NEW MATTER IN RESPONSE TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF FOR EXCLUSIVE RIGHT TO RESIDE IN THE MARITAL HOME. Defendant, Robert A. Barge, by and through his attorney, files this response to Plaintiff's Petition for Special Relief seeking the exclusive right to reside in the marital residence with the parties' child, and in support of the petition, respectfully avers the following: ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF. 1. Admitted. Plaintiff is Bethany E. Barge, (hereinafter referred to as "Wife") who currently resides at 823 South Humer Street, Enola, Pa., 17025. 2. Admitted. Defendant is Robert E. Barge, (hereinafter referred to as "Husband"), who currently resides at 823 South Humer Street, Enola, Pa., 17025. 3. Admitted. The parties are husband and wife and married September 10, 1994. 4. Admitted. Plaintiff filed a complaint in divorce on November 2, 2004. 5. Admitted. The parties are the natural parents of Danielle Renae Barge, born November 20, 1991, who resides in the marital home. 6. Admitted in part, denied in part. The parties are currently owners as tenants by the entireties of real property located at 823 South Humer Street, Enola, Pennsylvania. This property has not been the marital residence for the past fifteen (15) years. Husband rented this property from his parents since 1988 and lived there with his ex-wife. In 1990, current Wife moved into the residence and the parties were married on September 10, 1994. The residence was originally owned by Husband's grandfather who bought it in the 1920's. It was then passed down to Husband's father and mother. On October 29, 1998, Husband's father and mother executed a Deed transferring all right, title, and ownership unto Husband and Wife. (Please see Exhibit A). 7. Admitted in part, denied in part. Wife left the marital home on September 15, 2004. She then voluntarily moved back into the marital home on October 25`'', 2004. ORIGINAL 8. Admitted in part, and denied in part. a. Husband denies engaging in a continuous course of conduct which is mentally abusive to Wife. By way of further answer, Husband offers the following: i. Husband did remove the bedroom door after an argument, but only after Wife locked him out of the bedroom, thereby restricting access to his underwear, work uniform, and alarm clock, thereby making him late for work and jeopardizing his employment; ii. Husband did not board up windows with plywood, but he did place a piece of plywood in front of a window in the home after wife indicated that he was "being watched;" iii. Husband did shine a spotlight out the window after wife indicated that she was having Husband watched; iv. Husband did cut his wedding band; however, this occurred immediately after he found divorce papers which wife left on the kitchen table and did not tell him about; v. Husband never told Wife's family members that she was having extramarital affairs; however, he did call Wife's relatives to inquire as to her whereabouts after Wife indicated that she was going out with a "girlfriend" and did not return home before 2:00 a.m. Husband's conversation was not held in front of the children. vi. Husband denies removing things from Wife's purse. vii. Husband admits cutting pictures in half after the parties had an argument and Wife went to a bar until 2:00 a.m. The children were asleep and were not present. viii. Husband denies taking Wife's items. Wife has admitted to Husband that she has lost or misplaced her own items. Husband did take the key to the couple's camper in order that he could winterize the camper. Husband denies making the specific derogatory statements alleged by Wife. b. Denied. Wife voluntarily left the marital residence on September 15, 2004. She had already removed various personal items. On or about September 18, 2004, Wife returned to the marital residence to discuss a reconciliation. After the parties were not successful at reconciling, Wife again voluntarily left the marital residence at approximately 3:00 a.m. c. Denied. After Wife left voluntarily left the marital residence on September 15, 2004, Husband did put a lock and chain on the kitchen refrigerator because Wife would sneak back into the marital residence, remove essential items, such as toilet paper, milk and bread. When Husband would come home from work he could have no food or basic personal items. During this time, Husband was giving Wife money so she could buy essential items. d. Admitted; the marital home is the only home the parties' minor child has ever known. e. Denied. Husband does work out of town during the day; however, he comes home every night, and sleeps in the marital home. f. Denied. Wife currently has two jobs and is capable of supporting herself. After Wife initially left the marital home, Husband voluntarily paid her support in order that she could support herself and the couple's minor child. The home that Wife seeks was a gift from Husband's parents. There is currently a $46,000.00 home equity loan on the property. There is no mortgage on the property because Husband's parents satisfied the mortgage obligation on the marital home during their ownership. Husband is not in a position to find housing for himself at this time; his resources are limited, especially if he has to pay Wife child and spousal support to live in his families' home. It is also doubtful that Husband will be able to procure assistance from other sources such as relatives. 9. Denied. Husband avers that Wife's conduct and actions have been harmful to the parties' child and have disrupted the social and domestic fabric of the family. 10. Admitted. Wife has requested that Husband remove himself from the home and Husband has refused. 11. Admitted. 12. Denied. Petitioner does have adequate remedy at law but has chosen not to avail herself of these remedies. 13. Admitted. 14. Denied. Husband denies that granting Wife the exclusive possession of the marital home which was a gift to Husband and Wife from Husband's family will effectuate the purposes of the Divorce Code. 15. Denied. Husband denies that the stability of the child of the marriage would be best served by granting Petitioner's request for exclusive possession. 16. Denied. Husband denies that the aim of the Divot-cc Code would best be served by awarding petitioner the right to live in the family home with the parties' child. HUSBAND'S REQUEST FOR EXCLUSIVE POSSESSION OF THE MARITAL HOME 17. Paragraphs 1 - 16 are herein incorporated by reference. 18. Petitioner should be granted exclusive possession of marital residence at 823 South Humer Street, Enola, Pennsylvania, for the following reasons: a. The Husband and child were subjected to harassment and mental cruelty. Wife's conduct and actions have been harmful to the parties' child and have disrupted the social and domestic fabric of the family. In particular: L Wife has repeatedly made false accusations against Husband such as stealing her possessions when she misplaced them herself: ii. Wife has called Husband derogatory names and said "don't think that means anything" after the parties engaged in marital relations. iii. Wife has involved the parties' child in marital disputes by asking the child to hide items of marital property, such as the keys to the camper. iii. Wife has been absent from the marital home several times until 2:00 a.m. and told Husband that she was out with a girlfriend. After Husband again asked Wife where she was, Wife said, "I don't have to answer to you, you are not God.". Husband later found out that Wife was not with the girlfriend mentioned. b. Husband would be unable to find adequate alternative housing. In particular: i. Due to negative economic conditions, Husband's employer has not given him a raise since July 2003, nor will he receive a Christmas Bonus or contribution to his profit-sharing plan. ii. Husband maintains health insurance for Wife and the parties' child Danielle Renae Barge as well as Wife's daughter from a previous marriage. The cost of this insurance is $146.96 per week or approximately $631.92 a month. iii. Husband currently pays child support to his ex-wife for the support of a minor child, Ryan R. Barge, in the amount of $142.00 a week or approximately $610 a month. iv. The marital home was originally owned by Husband's grandparents and subsequently his parents. Husband's parents satisfied the original mortgage obligation on the marital home. They then gave the home to the parties as a gift in 1998. It is unlikely that Husband could expect any further financial support from his family. v. If Wife remains in the marital home, Husband may be obligated to pay child and spousal support as well as an amount towards the home equity loan. Husband cannot afford to pay health insurance, child support for the son from his previous marriage, child support and spousal support to Wife, as well as rent and utilities for his own apartment. c. Wife has been able to find adequate housing and did actually find adequate housing from September 15, 2004 through October 25, 2004. By way of further answer: i. From September 15, 2004 through October 25, 2004 Wife found housing with a friend and had applied for Section 8 housing. ii. Wife currently has two jobs and could collect support from Husband should she reside separately from Husband. iii. Wife currently collects child support from her ex-Husband for the support of her minor child from a previous marriage. Husband believes she collects child support in the amount of $63.00 a week or approximately $270.90 a month. iv. Wife does not have to pay for health insurance for herself, the parties child, or her child from her first marriage. WHEREFORE, Husband prays that this Honorable Court atward him the right to live in the marital residence with the parties' child to the exclusion of such right by Wife, and enjoin Wife from entering the premises and grant such other relief as this Honorable Court may deem appropriate. Date: q 9 o- J e dams, Esquire I. . 79465 36 outh Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT ROBERT A. BARGE VERIFICATION I verify that the statements made in this PETITION 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: 0-/ Robert A. Barge, Defendant THIS DEED 4()tq I MADE THIS day of ?L-Ir- , 1998, between BRUCE J. BARGE and JUNE F. BARGE of Steinhour Road, York Haven, Pennsylvania, AND GRANTORS ROBERT A. BARGE and BETHANY BARGE, husband and wife, of 823 South Humer Street, Enola, Pennsylvania, GRANTEES WITNESSETH, that the Grantors, for and in consideration of ONE DOLLAR ($1.00) lawful money of the United States of America, to the Grantors in hand well and truly paid by the Grantees, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantors being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto the Grantees forever, their heirs and assigns: ALL THAT CERTAIN piece or parcel of land situate in the Township of East Pennsboro, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the West side of Humer Street; thence in a westerly direction one hundred nineteen (119) feet, more or less, to the eastern line of a twelve (12) foot wide alley; thence northwardly along the eastern line of said alley, seventy (70) feet to a point; thence in an easterly direction, one hundred nineteen (119) feet, more or less, to the western side of Humer Street; thence by the western side of Humer Street, South seventy (70) feet to a point; the Place of BEGINNING. HAVING thereon erected a single family dwelling known as No. 823 Humer Street, Enola, Pennsylvania. IT BEING the same premises which Bruce J. Barge and John D. Barge, Executors of the Last Will and Testament of Mary E. Barge, by their deed dated August 27, 1974 and recorded in the Office of the Recorded of Deeds in and for Cumberland County, Pennsylvania, on August 28, 1974 in Deed Book T 25, Page +502 granted and conveyed unto Bruce J. Barge. The said Bruce J. Barge is married to the said June F. Barge, and together they are the Grantors herein. THIS IS A CONVEYANCE FROM PARENTS TO SON AND DAUGHTER-IN-LAW AND IS 60ox J89 PACE 520 x Nh 6 (1 6- t? t THEREFORE TAX EXEMPT. UNDER AND SUBJECT, NEVERTHELESS, to easements, conditions and restrictions of prior record pertaining to said premises. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights;, liberties, privileges, hereditaments and appurtenances to the :same belonging or in anyway appertaining; and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both in law and in equity, of, in and to the premises herein described and every part and parcel thereof with the appurtenances. TO HAVE AND TO HOLD all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and to the Grantees' proper use and benefit forever. AND THE SAID GRANTORS, do hereby warrant specially the property hereby conveyed. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals the day and year first above mentioned. Signed, sealed and deliver d in the presence 'k.C? ( SEAL ) BRUCE J. Am-az ,(SEAL) E F. BARGE f ?M W , Co ze! ? . . P C= [-I F?+ Z rrt ?_ -1 rr . BbOK 189 PACE 521 © ;, ,? f COMMONWEALTH OF PENNSYLVANIA so COUNTY OF e on this, the pe day of j(?,-d{at /L) 1998, before me, a notary public, personally appeared Bruce J. Barge and June F. Barge, known to me or satisfactorily proven to be the persons whose names are subscribed to the within deed and acknowledged that they executed the same for the purposes therein contained. WitN88b, my hand and notarial seal the day and My Commission Expires: Notarial Seal S. Dawn Gladfelter, Notary Public Dillsburg Boro, York County My Commission Expires May 17, 2001 em er, ennsylvania Association o ones The undersigned certified that the precise residence and com ete post office address of the Grantee is: 3, A ORNEY TAR RANTE pa 0,9Y COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF (3" RECORDED on this l) day Df no4 , 1998, in the Recorde 's office of the said County in Deed Book Page s Given under my hand and the seal of the said office the day and year aforesaid. R& 189 PACE 522 f?; CERTIFICATE OF SERVICE AND NOW, this December 9, 2004 I, Jane Adams, Attorney for Defendant, Robert A. Barge, hereby certify that a copy of Defendant's ANSWER A]vD NEW MATTER has been duly served upon the following party, by placing such in the custody of the United States Postal Service, via certified mail, postage pre-paid addressed to: Edward Mimnaugh, Esquire 203 West Caracas Ave. Hershey, Pa. 17033 ATTORNEY FOR PLAINTIFF Adams, Esquire No. 79465 South Pitt Street rlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT ROBERT A, BARGE 1 V7-7 1 { ' r== r ? r') ("•J r ri - • _=r Curtis R. Long Prothonotary Off1LE of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor e - S'S2.J? CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 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, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573