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Home My WebLink About13-4495 Supreme CouFtwof Pennsylvania COUrt Commo Pleas For Prothonotary Use Only: , C7v><1 Cover'Sh 'et Docket No: ST COMB ER AND County ll The information collected on this furrn is rased solelj- for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S 0 Complaint Writ of Summons Petition Transfer from Another Jurisdiction I-i Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: EDWARD BELDEN AND PATRICIA A. BELDEN LAUREN BELDEN AND TRENT ANDERSON T Dollar Amount Requested: Ix within arbitration limits I Are money damages requested? X Yes 0 No (check one Ooutside arbitration limits 0 N Is this a Class Action Suit? 0 Yes [X' No Is this an MDJAppeal? C_ Yes E' No A Name of Plaintiff /Appellant's Attorney: JENNIFER L. SPEARS, ESQUIRE Check here if you have no attorney (are a Self - Represented [Pro Se] Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional C: Buyer Plaintiff Administrative Agencies 0 Malicious Prosecution 0 Debt Collection: Credit Card f0] Board of Assessment 0 Motor Vehicle E3 Debt Collection: Other 0 Board of Elections 0 Nuisance 0 Dept. of Transportation 0 Premises Liability '-1 Statutory Appeal: Other S 0 Product Liability (does not include � Employment Dispute: F' mass tort) Discrimination � Slander/Libel/ Defamation C 0 Other: ❑ Employment Dispute: Other ! Zoning Board El , I 00 t h e r: O MASS TORT 0 Asbestos N 0 Tobacco C Toxic Tort - DES 0 Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste fa Ejectment 0 Common Law /Statutory Arbitration B Other: 0 Eminent Domain /Condemnation 0 Declaratory Judgment 0 Ground Rent Mandamus 0 Landlord /Tenant Dispute 0 Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY 0 Mortgage Foreclosure: Commercial Quo Warranto 0 Dental fX: Partition Replevin 0 Legal 0 Quiet Title 0 Other: 0 Medical C' Other: 0 Other Professional: Updated 1/1/2011 F:\FILES \Clients \15251 Belden \15251.1. complaint,wpd Revised: 7/31/13 8:45AM f iL,ri�_F 1— C, 1; I l i 0 Jennifer L. Spears, Esquire 2013 JUL 31 � MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER , r 2 MARTSON LAW OFFICES CUMBERLAND Co-' tNTY I.D. 87445 PENNSYLVAP j 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiffs and Defendant Lauren Belden EDWARD D. BELDEN and IN THE COURT OF COMMON PLEAS OF PATRICIA A. BELDEN, H /W, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2013- : CIVIL ACTION - LAW LAUREN BELDEN and TRENT ANDERSON, Defendants 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 Plaintiffs. 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 REDUCE FEE OR NO FEE: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249 -3166 /03. .2- EDWARD D. BELDEN and IN THE COURT OF COMMON PLEAS OF PATRICIA A. BELDEN, H /W, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2013- : CIVIL ACTION - LAW LAUREN BELDEN and TRENT ANDERSON, Defendants COMPLAINT AND NOW, comes the Plaintiffs, Edward D. Belden and Patricia A. Belden, husband and wife, by and through their attorneys, MARTSON LAW OFFICES, and submits this Complaint stating the following: 1. Plaintiffs, Edward and Patricia Belden, are adult individuals residing at 941 Greenspring Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant, Lauren Belden, is an adult individual residing at 2169 Newville Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. Defendant, Trent Anderson, is an adult individual residing at 70 West South Street, Apartment 2, Carlisle, Cumberland County, Pennsylvania 17013. 4. Plaintiffs and Defendants are owners of a certain parcel or tract of land improved with a residential dwelling located at 941 Greenspring Road, Newville, Cumberland County, Pennsylvania. 5. Plaintiffs and Defendants initially acquired legal title to the Property as joint tenants with right of survivorship by Deed from Plaintiffs as Grantors to Plaintiffs and Defendants as Grantees dated and recorded on December 21, 2009, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Instrument No. 200942181. 6. The parties presently each own an undivided one - fourth interest in the Property as tenants in common. 7. The Property owned jointly by the parties as more fully described below and located entirely in Cumberland County: ALL THAT CERTAIN land situate in North Newton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of a lane (old Route #641) at corner of land now or formerly of James C. Thomas; thence by land now or formerly of James C. Thomas by the center of said lane (old Route #641), South fifty -nine (59) degrees thirty -five (35) minutes forty (40) seconds West, two hundred eighty -one and forty - six hundredths (281.46) feet to an iron pin in the center of said land at other land now or formerly of Raymond F. Hockenberry and wife (formerly part of this same tract); thence by other land now or formerly of Raymond F. Hockenberry and wife, North forty -two (42) degrees fifty (5 0) minutes ten (10) seconds West, three hundred (3 00) feet, more or less, to a point; thence continuing by same, North forty -five (45) degrees twelve (12) minutes fifty (50) seconds East, two hundred twenty -five (225) feet, more or less, to an iron pin at a common corner of land now or formerly of Margaret R. Rebuck and James C. Thomas; thence by Thomas land, South forty -nine (49) degrees fifteen (15) minutes twenty (20) seconds East, three hundred eighty -one and twenty -two hundredths (3 81.22) feet to a point in the center of the aforesaid lane, the place of BEGINNING. BEING the same premises which Barbara A. Bonini, single woman, by deed dated January 31, 1992, and recorded January 31, 1992 in the Recorder of Deeds in and for Cumberland County Pennsylvania in Deed Book M Volume 35 page 749, granted and conveyed unto Edward D. Belden and Patricia A. Belden, grantors herein. 9. The Property is subject to a mortgage granted to Orrstown Bank, dated February 5, 2010, in the principal amount of $266,000.00, which mortgage was recorded September 12, 2011, to Instrument No. 201125244. 10. No other person other than the parties to this action has any interest in the Property. 11. The Property is in possession of Plaintiffs and Defendant Lauren Belden. 12. No partition or division of the Property has previously been made. WHEREFORE, Plaintiffs and Defendant Lauren Belden requests this Court to: a. Decree partition of the Property; b. Order that proper and necessary sale of the Property be made by such manner as the Court shall direct; C. Credit to Plaintiffs' benefit those portions or amounts of the mortgage payments made by them that included Defendant Trent Anderson's one - fourth portion he was obligated to pay; d. Grant such further and other relief as the Court deems just and proper including, but not limited to charging costs and reasonable counsel fees as provided by Pa. R.C.P. 1574. MARTSON LAW OFFICES By 41J Jennifer L. Oars, Esquire 10 East High Street Carlisle, PA 17013 (717) 243 -3341 Attorneys for Plaintiffs and Defendant Lauren Belden Date: i VERIFICATION We verify that the statements contained herein are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Edward Belden /A Patricia Belden Dated: VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. ou r'da" Lauren Belden Date: SHERIFF'S OFFICE OF CUMBERLAND COUNTY --a Ronny R Anderson r="rn Sheriff GAIN, Jody S Smith Chief Deputy tgs Richard W Stewart :=cam Solicitor CiPcICE OF TPE MRIFF C-n Edward D Belden vs. Case Number Lauren Belden(et al.) 2013-4495 SHERIFF'S RETURN OF SERVICE 08/05/2013 04:39 PM-Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Mark Zeigler, Boyfriend ,who accepted as"Adult Person in Charge"for Lauren Belden at 2169 Newville Road, West Pennsboro, Carlisle, PA 17015, QjMIE DIM , DEPUTY 08/05/2013 08:07 PM- Deputy Jamie DiMartle, being duly sworn according to law, served the requested Complaint& Notice by handing a true copy to a person representing themselves to be Bo Chang, Roommate, who accepted as"Adult Person in Charge"for Trent Anderson at 70 West South Street, Apt. 2, Carlisle Borough, Carlisle, PA 17013. JA 1E DIMAkTLE EPUTY SHERIFF COST: $58.02 SO ANSWERS, 4� August 06, 2013 RbNW FANDERSON, SHERIFF cc)CountySuito Sheriff,Teleosoft,Inc,