HomeMy WebLinkAbout02-1055
II
ANNETTE G. KIBE,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
JAMES H. KIBE, SR. and ELSIE J. KIBE,
his wife,
CIVIL ACTION - QUITE TITLE
NO.OJ- /{)5'S-
Defendants
NOTICE
TO DEFENDANTS NAMED HEREIN:
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 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, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
T
II
,
ANNETTE G. KIBE,
PLAINTIFF
DEFENDANTS
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - QUITE TITLE
vs.
JAMES H. KIBE, SR. and ELSIE J. KIBE,
his wife,
NO. (Jd- - IDS 5
COMPLAINT
AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and
makes the following Complaint in this matter.
1. The Plaintiff is Annette G. Kibe, an adult individual who resides at 529 Herman
Avenue in Lemoyne, Cumberland County, Pennsylvania.
2. The Defendant, Elsie J. Kibe, an adult individual who resides at 529 Herman
Avenue in Lemoyne, Cumberland County, Pennsylvania.
3. The Defendant, James H. Kibe, Sr., an adult individual who resides in Cumberland
County and is currently a resident of the Cumberland County Home on Clairmont Road in
Carlisle, Pennsylvania. Plaintiff believes that the said James H. Kibe, Sr. is incapacitated
and, by a separate Petition filed with this Complaint, will request that the court appoint a
guardian ad litem to represent his interest in this litigation.
4. Plaintiff is the daughter of both Defendants.
5. In December of 1977, Plaintiff and Defendant purchased and acquired a property at
529 Herman Avenue in the Borough of Lemoyne, Cumberland County, Pennsylvania, by virtue
of a Deed dated 8 December 1977 and recorded in the Recorder of Deeds Office in and for
Cumberland County, Pennsylvania, in Deed Book 0, Volume 27 at Page 362. The property
they acquired is more particularly bounded and described in the said Deed, a copy of which is
attached hereto and marked as Exhibit A.
6. At the time that Plaintiff and Defendants received the Deed and took title to the
property, the Deed provided that all three of them took title and the Deed identified, as the
Grantees, both Defendants and the Plaintiff.
I
II
7. Sometime after the subject Deed was delivered at settlement, in December of 1977,
someone unknown to Plaintiff, without Plaintiff's knowledge or consent, altered the Deed by
obliterating and removing the name of Plaintiff as a Grantee on said Deed. As a result, when
the Deed was recorded at the Cumberland County Recorder of Deeds Office, it did not contain
the name of Plaintiff.
8. Plaintiff and Defendants have resided in and occupied the subject property since
they acquired it in December of 1977. During that time, Plaintiff and Defendants believed that
Plaintiff was a lawful owner and co-tenant of the property.
9. In November of 2001, Plaintiff became aware, for the first time, that her name had
been removed from the Deed before it was recorded and that, as a result, the public status of
her ownership interest in the property is not confirmed.
10. Plaintiff is a lawful owner and co-tenant of the property described in the Deed
attached hereto as Exhibit A and wishes this court to confirm her ownership interest in the
property.
WHEREFORE, Plaintiff prays this court to enter an order decreeing that the Plaintiff is a
lawful owner and co-tenant of the property described in the Deed which is dated 8 December
1977 and which is attached to this Complaint as Exhibit A and to either direct the Defendants
to make, execute, acknowledge and deliver a new Deed to confirm her proper ownership
interest in the property or to order and decree that Plaintiff shall at all times hereafter be taken
and treated as a full and lawful co-tenant and owner of an interest in the said property the
same as if her name had not be obliterated from the Deed dated 8 December 1977.
c2~~
Samuel L. Andes
Attorney for Plaintiff
Supreme Court 10 # 17225
525 N. 12th Street
Lemoyne, PA 17043
(717) 761-5361
T
II
'.
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand
that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904
(unsworn falsification to authorities).
Date: J/ I, / d J.
I
/!:~11:r/~ Jpk
"1'
"
REGISTERED BY THE
BOROUGH OF LEMOYNE, PA.
:.e:...,.
NO. 614
m;bi~
mreb
"1....~..~1.~'
Made the.
0)11,'
U ~.I
in the year
day of IJ~Lc;:-.....I3~<
one thc,usand nine hundred and seventy-seven (1977).
Betwee" DONALD T. ORRIS and ELIZABETH L. ORRIS, his wife, of the Borough of
Shiremanstown, Cumberland County, Pennsylvania, Grantor~J
,,'"
-AND-
JAMES H. KIBE, SR. and ELSIE J. KIBE, his wife,
li11 of the BUl;ough of .'LodIUOYih::, GlIlllberlthid CouJ.'1ty, PenJ..i~jlvanla, Gi"dllfe:e-,;.
Wimesseth, that in eoesideration of FIFTEEN THOUSAND NINE HUNDRED ($15,900.00)-----
- - -- --- - - -- - - - - - - - - -- - - - - - -- - - - - -- - - - - - -- - - - - - - - - -- -- - - - - - - - -- - -- -- - - - - - - - -Dollar.,
in hand paid, the receipt whereof is hereby acknowledged. the said Grantor 8 do
hereby grant and convey to the said Grantees
ALL THAT CERTAIN lot or tract of land located in the Borough of Lemoyne,
Cumberland County, Pennsylvania, bounded and described as follows, to wit:-
BEING the Eastern one-half part of Lot Number thirty-seven (37), Section "D",
in a Plan of Lots known--a:sPra--n-N6-:---r; Riverton, Pennsylvania, said Plan being
recorded in the Cumberland County Recorderts Office in Deed Book "J", Volume 4,
Psge 40. The said Eastern one-half of Lot No. 37, Section "D", fronting
seventeen and one-half fe~t (17%) on Herman Avenue, and extending back an even
width, one hundred fifty (150) feet to Peach Alley. Bounded on the South by
Herman Avenue; on the West by the property now or formerly of Sara Kuntz; on
the North by Pesch Alley; on the East by the property now or formerly of Ira Shur.
HAVING thereon erected a one-hslf of s double two story dwelling house, and being
known as No. 529 Herman Avenue, Lemoyne, Pennsylvania.
BEING the same premises which Viola L. Elicker and Jesse W. Elicker, her husband,
and Mary J. Lambert, as joint tenants, by their Deed dated October 10, 1960, and
recorded in the Cumberland County Recorder r s Office in Deed Book IIAII, Volume 20,
Page 499, granted and conve*ed unto Donald T. Orris and Elizabeth L. Orris, his
wife, Grantors herein.
'.,.ugh .,4~~.......
Cumbo Co.. Pa.
~ Real Estate Tnnsfor Tax ,..-
~ I).. .1.:317 f.' d
J!iJ/".T...,>..... Am' 7 '~.'
~t;.~"'"
"umg. Co. 010.. c.;?r,t./t::, ,
li~j~
School Dist. Cumbo Co., Pa.
..,. COMMONWEALTH Or I'ENNSYlVAt~IA ==
1~;~::::,:' iiI' 5 ~ 0 ~ !
P.D.11162 ==
.--t;'/. Rul Edate Transfer Tax
(>--;-::/-77 71/,P
~~J;;':,~'~
-:um6. Co. Did. Co 9t. /1-~
=
,...,
n
,.
0;:0:;:;:
em",
."Xo;.o
fTIQ;1oo
z:I'1I:;01Tl
;c:::tJoa
c.nr-,....,.
-<>:;0;:1
r-~o'::::
:;;('""~ ""Tl;;s
::t::oOrn
i:Sg:a
~e''''''
-< u.-t
'"
'"
.......
W
In
.&:
"'"'
=
-.I
-.I
80OKO 27 rAGE 362
.
.
AND the said Grantor s Will Warrant generolly the property hereby conveyed.
IN WITNESS WHEREOF, the said Gr~nto Ita ve hereunto .et~ir hands and seal s
the day and year nrst above written. II ',) .;,..,.,
Signed, Sealed and Delivered 1"-'(" 'D'ijNAW.._~t..(t3.m.:;; ?""':;I..}~~)7..;j'~,>,;
/-t 1n the presence of .'0,.:: ." s'EAL) ...{...^..., ~...-::..
~<, /r::- /~ ~~'5f ~~h..._...""t~J;'d .1",/.\., ',:, '~':~.
1='4/1,1.:1/.....(- ,....,_:.L1..L.It.oZ;f::??__'__j x. __._. ...__~ (J.I..Le.~.___..... .'-tT,...-;SIjAC:J. ,~.,;:
a~. ;:;. ._--tf?rz'k-. iT _. ... . .. ZABETH L. ORRIS, \;:S~~.ul~r:{~.... /'
"." ....1).'/1 .,-
- _ .......-.- _.m... . ISgjU,)\, .,'
COMMONWEALTH OF PENNSYLVANIA !
5S:
COUNTY OF i1(/'''76t!/r<''I'J~1J
On this, the 81>' day of IJtft.tIP'6t:,( A. D. 1977. before me
}1 "'orllAy /"'6"'<.- ;,y /1"4J A.;(, ..$'AtI'] {~'L'."'/V AN., -S147,o::-the undersigned officer, personally
appeared Donald T. Orris and Elizabeth L. Orris, his wife,
known to me, (o?-,"'h.tisfactorily
proven) to be the personS whose name s are subsuibed. to the within .ib.~trumcnt, 31ld
acknowledged that the y executed the same for the purposes th'7,ili co tame,4'/ /....~;/' f' '. "', j' ' :
IN WITNESS WHEREOF, I hereunto set ~~::~~=~;l.e~'c:L~t
Kem..,
...h.............................................Ti.~iF.~i..oifi~~;...
tJ.; .
,/:.-
[ HEREBY CERTIFY, that the precise residence
5",)..'1 Ht3{2 HIli" .!-IllS 1../:/'fiJYNf'; /'A
of the Grantee /Jf
/7d "J jrtk..v,.~M"Laft!-
.....1R4.;;1..-.i,~~:;ji~::;..-
()
I'-.
...i i ! ,l!
r= 1 i
... ! i
.. t:i. ~ l "
0 ~ r :I
~ >l ~
'" .'-, -iJ:
...
O:...i .... r:;
c.. H ~ ::Ji of!
~ ....l . .. " 0'
.'" 0 U!
'" 0 <Ii r
l;jS "'.... 1 " j l1i "Oi
o:-ct .. ~ 0 S:l l'l~
.- 0 u. ..,
:= ij:- '" '" .. .-<1 u
=: - ~ ~ wi Pi ~! U
lH ,;:,:;
0 ",'
... ~ .... .-< eN ~I ..
... 0 tj l> <n- Ni ..
,;
=: .l!~ U"'I! .... "
,. ~ .. 0' "
.... a ~ i ~ to
5 0
.d ." oj
i . w' .-< ...
'" b 0. c:li >. ~
~ .. :!! 2 >l '"
'" 0. 01 S tIi
t;J ~ 2 Il,
A " ~\ 4J
.. 0 ~ <.:i
0 u '"
'.
.~
"
~,..... A. D. 1;.77m the
Recorder's Office of the .aid County in Deed Book 0 Volume';< 7 Page ~&::;..::2.
G._ -'<< m, '""' -, .. .-, "' ... '"" qZ;~f/'" _-,,,
DODO 27 PAGE 363 ~
.
" .
~ ~ l~ (") 0 fa
c N
;s:: :x 'ri
...c- ,...c: -oOy
S2Q1 ;::0
;;0
- ~ 0 zJ...!
~ L U) S:;, I
"-C' () ~ 2'"C .r:-
~ 6
'<:
~ ~o ,.".
eN ~ _0"
VJ V) """"0 --
~ )>0
'0 -+> ~ c: CJ
0 ~ -r :D ~ 01
::> \D
""Y ~
"
ANNETTE G. KIBE, )
PLAINTIFF )
)
)
vs. )
)
JAMES H. KIBE, SR. and ELSIE J. KIBE, )
his wife, )
DEFENDANTS )
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - QUITE TITLE
NO.
PETITION FOR APPOINTMENT OF GUARDIAN
AND NOW come Annette G. Kibe and Elsie J. Kibe, Petitioners herein, and petition the
court to appoint a guardian ad litem for the Defendant, James H. Kibe, Sr., based upon the
following:
1. The Petitioners herein are the Plaintiff, Annette G. Kibe and the Defendant, Elsie J.
Kibe. The Petitioners are mother and daughter.
2. The Respondent is James H. Kibe, Sr.
3. The Defendant is an incapacitated person, as defined by the law of Pennsylvania.
As a result, the Defendant is not able to understand these proceedings or to properly
represent his interests in these proceedings.
4. The Defendant, James H. Kibe, Sr. is currently a resident at the Cumberland County
Home on Clairmont Road in Carlisle, Pennsylvania.
5. No guardian has been appointed for James H. Kibe, Sr.
6. The Petitioners herein desire that a guardian ad litem be appointed for the
Defendant, James H. Kibe, Sr. so this litigation can proceed and be resolved.
WHEREFORE, Petitioners herein pray this court to give notice of the filing of this
Petition to James H. Kibe, Sr. and to the person in charge with the facility where he is now
living and confined and, after such notice, to appoint a guardian ad litem to represent the
interest of James H. Kibe, Sr. in these proceedings.
C~~L ~~(l,
I L. Andes
Attorney for Petitioners
Supreme Court 10 # 17225
525 N. 12th Street
Lemoyne, PA 17043
(717) 761-5361
-
VERI FICA TION
I verify that the statements made in this Petition are true and correct. I understand that
any false statements in this Petition are subject to the penalties of 18 Pa. e.s. 4904 (unsworn
falsification to authorities).
Date:
d/~/j/J.
, .
-NMd1~ a lfi~
ETTE G. KIBE '
."
-
VERI FICA TION
I verify that the statements made in this Petition are true and correct. I understand that
any false statements in this Petition are subject to the penalties of 18 Pa. C.S. 4904 (unsworn
falsification to authorities).
Date:
to ~b '2.0D 2-
~~~
ELSIE J. KIB
" ,,\',h""
, ,.~,~ .ll1r""~,,,,,,"'.-',,,,..,,,,._.,,f"""_._~
-
" ,
-,
ttWt' 'if pJ'O IJJ
f..J'o\~-r>O ,,~ pu\ ~
t
"
ANNETTE G. KIBE, )
PLAINTIFF )
)
)
vs. )
)
JAMES H. KIBE, SR. and ELSIE J. KIBE, )
his wife, )
DEFENDANTS )
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - QUITE TITLE
NO. 0:2- IOC..s- CI,-,~tr~
0"" ~~JA
AND NOW this J \ day of -I~ \ ' 2002, upon the
Pe ition t e Plaintiff, nnette G. Kibe and the Defendant, Elsie J. Kibe,
. , is appointed guardian ad litem for the Defendant, James H.
Kibe, Sr. in this action. r~
The guardian ad litem shall be compensated at the rate of $/2- per hour, which
cost will be paid by the Plaintiff directly to the guardian ad litem as invoice.
BY THE COURT,
.
J.
Distribution:
Samuel L. Andes, Esquire (Attorney for Plaintiff)
525 North 12th Street, Lemoyne, Pa 17043
Elsie J. Kibe (Defendant)
529 Herman Avenue, Lemoyne, PA 17043
-
~
~(r~9.()L
James H. Kibe, Sr.
Cumberland County Home, 1000 Clairmont Road, Carlisle, PA 17013
. .<.,....~,
,.-.-.'~
V!N~I\l^SNN3d
Ufdn,~ )~' nr.I'."", '-'ClI^'n"
I I~ I...,j '-';':'j'C'~J!::,'i'~ IV
L'J :8 IN 6 I I:l~H 20
AbVLOi\C,jC_I dO
:fJI:1.:!O-U:rn:i
COYNE & COYNE, P.C.
Attorneys at Law
3901 Market Street
Camp Hill, PA 17011-4227
(717) 737-0464
MARK E. GRIFFIN,
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
VS.
: NO. 2002- 1109 CIVIL TERM
DE-ANNE M. GRIFFIN
Defendant.
: IN DIVORCE
CERTIFICATE OF SERVICE
I, LISA MAlliE COYNE, ESQUIRE, hereby certify that J did, on March 7, 2002, cause a true
and correct copy of the Complaint in Divorce and Notice to Defend to be served upon the person named
below by way of certified first class mail, postage prepaid, return receipt requested (restricted delivery)
upon the Defendant and that on J\ilarch 9, 2002 Defendant was so served as evidenced by attached
receipt:
Mrs. De-Anne M. Griffin
51 Basin Rd.
Hammonton, NJ 08037
~.
-1l SENDER:
';:;; . Compiete items 1 and/or 2 for additional services.
Q) . Complete items 3, and 4a & b.
(I) . Print your name and address on the reverse of this form so that we can
W return this card to you.
> . Attach this form to the front of the mailpiece, or on the back if space
~ does not permit.
Q) . Write "Return Receipt Requested" on the mailpiece below the article number.
-:5 . The Return Receipt will show to whom the article was delivered and the date
g delivered
~ 3. Article Addressed to:
"
1i)
0.
E
o
"
'"
'"
W
0:
o
o
<(
Z
0:
::l
I-
~ 6
.\l)e -l!l7ne pt. &;,i~~
b18Ct5/N KJ.
)!4#/JI'Iotf -hJ1./ /IIf
gd.:J7
I also wish to receive the
following services {for an extra ~
feel:. .>
~
1. '0 Addressee's Address (J'J
2. ~estricted Delivery
Consult postmaster for fee.
4a. Article Number
,iA'l 3~o
4b. Service Type
o Registered
Certified
D Express Mail
o Insured
o COD g>
.in
o Return Receipt f r :J
Merchandise
~
c-
.;;
"
"
0:
c
825 :;
~
"
0:
7. Date of Delivery
_ ~61-
(;
-
"
o
>
8. A essee's Address (Only if requested ~
and fee is paid) l6
.<:
I-
:;
o
> PS Fo,m 381 1. Decembe, 1991 *U.5. GPO: ".~-714 DOMESTIC RETURN RECEIPT
.!!!
COYNE & COYNE, P.c.
Date: /5- /'7 /fTt. @L-
. /
ISA MARl COYNE, ESQUIRE
3901 Marke Street
Camp Hill, PA 17011-4227
(717) 737-0464
Pa. S. Ct. No. 53788
Attorney for Plaintiff
r
I
,
i
i
I
I
I
I
I
i
,
I
,
I
,
I
I
I
>-
a.::
;:;;
UJ<,:;;
S:2(
~.l_ .~
(?
(.,:::}
LL/
-'
G.:
c.
;::
::-:
:::).....,....
~~
-~:0
-,~)~Z
j.:r::Z
l.ULU
~}d 0_
:'3
()
8
rr.:o::
ao
If._
o
0.7::
..~~~:
~:
"'.t
c:>
II
ANNETTE G. KIBE,
PLAINTIFF
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
JAMES H. KIBE, SR. and ELSIE J. KIBE,
his wife,
NO. 02-1055 CIVIL TERM
DEFENDANTS
ACCEPTANCE OF SERVICE
The undersigned, having been appointed guardian ad litem in this matter for the
Defendant, James H. Kibe, Sr. hereby accepts service of the Complaint and acknowledge
receipt of a copy of the same.
Date:
iJl/ /6~
( I
o
s:~'
'"0 :~-"
rnC
?[Ii
;::;: :::.~ I
(/55
;::s;,
",l:
$c)
j-:::O
,;.,-:
...-
:3
,
c-,
t\;)
.hot
-u
:'0
1
C)
-j",
-
--,-,
_ r.c:.
"[-n
.--,
-~}~~~
,..C)'
,"::;rrj
.s:
Co
-<:
-:;!
-.
~)
'\.)
-...,
II
..
ANNETTE G. KIBE, )
PLAINTIFF )
)
)
vs. )
)
JAMES H. KIBE, SR. and ELSIE J. KIBE, )
his wife, )
DEFENDANTS )
AND NOW this ~ day of , 2002, upon the Motion
of the Plaintiff, with the apparent consent of nts, we hereby schedule a hearing in
the above matter on Plaintiff's Quite Title Complaint. The hearing shall be held before the
undersigned in Court Room No. :3 ~f the Cumberland County Courthouse in Carlisle, /' rU
Pennsylvania, commencing at 02-- rv o'clock ~ .m. on tV....e~7..the L
day of ?A4 ,/ , 2002.
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - QUITE TITLE
NO. 02-1055
BY THE COURT,
Distribution:
J.
.
Samuel L. Andes, Esquire (Attorney for Plaintiff & Defendant Elsie J. Kibe)
525 North 12th Street, Lemoyne, Pa 17043
John A. Abom, Esquire (Attorney for Defendant)
8 South Hanover Street, Carlisle, Pa 17013
~ ~ .5/IO/O~,
~.~
,
Vll\'V^lASNN3d
AlNn08 O~~1838Wno
9S:61~V 01 AVWZO
mvlONC' "(.,, , 3"i' ~O
" ,",j; "vi ~, J.
I . ,.r 'J.~.' I...o!"" I
3JI:HO-OJ11:l
.. -'
.
~fI~fJ(~?~8N/Ip,
",IJ--. .}t:!
" IV 1'13,
c I : 7 JI. d '8/tflQ
as
~L1l" . ~ A VI'
<:JV]Oi"i , "co
_ 'Vi" ii'"
-"')I! '-, v~/ I
.:]~ l:1.:fO-iJJifJ. dO
II
.
ANNETTE G. KIBE,
PLAINTIFF
DEFENDANTS
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - QUITE TITLE
vs.
JAMES H. KIBE, SR. and ELSIE J. KIBE,
his wife,
NO. 02-1055
MOTION FOR HEARING
AND NOW comes the Plaintiff, Annette G. Kibe, by her attorney, and moves the court
to schedule a hearing in the above matter, based upon the following:
1. Plaintiff commenced this action when she filed her Complaint on 4 March 2002.
2. This matter involves the status of the title to real estate which all three of the parties
to this action originally were to purchase and to which they were to take title jointly. Plaintiff
contends that the Deed that the parties received at settlement was altered after settlement
and before it was recorded and asks the court to correct that error now by decreeing that all
three of the parties are the lawful owners of the property.
3. The Defendant, Elsie J. Kibe joined Plaintiff in this action and in her request for
relief.
4. The Defendant, James H. Kibe, Sr. is mentally incompetent and this court has
appointed John A. Abom guardian ad litem to represent him in these proceedings.
5. Plaintiff believes that Mr. Abom has completed his inquiring in this matter and that it
is now ripe for a hearing before this court to determine Plaintiffs claim.
WHEREFORE, Plaintiff moves this court to schedule a hearing in this action to
determine the lawful status of the real estate at issue in the case.
~
Attorney for Plaintiff
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
II
..
CERTIFICATION OF CONSENT
The undersigned, as attorney for the Plaintiff Annette G. Kibe and the Defendant Elsie
J. Kibe, hereby certifies that the guardian ad litem and attorney for the Defendant James H.
Kibe is aware of the attached Petition and has consented to the relief requested therein, that
being the scheduling of a hearing on Plaintiff's claims.
Date: +/~JD~ 0 ()J)~
~~s~uire
Attorney for Plaintiff
..
,
." "
(')
~
~,...
-O'~.-
rnr:;
~tJ,,;,
~
~f~:
:::'-1 ;:-:-)
-< (:')
c>
(,)
::u::
."..~
.,,<
I
f'0
c')
"~I
... ~
II
I... t
vs.
IN THE COURT OF COMMON PLEA$
OF CUMBERLAND COUNTY, I
PENNSYLVANIA
Gu\C- T
CIVIL ACTION - It r1"~ TITLE
ANNETTE G. KIBE,
PLAINTIFF
JAMES H. KIBE, SR. and ELSIE J. KIBE, his
wife,
NO. 02-1055
DEFENDANTS
~ OR~TE TITLE
AND NOW, this ~ day Of"" ~ , 2002, following a hearing
before the undersigned, and in consideration of the pleadings previously filed and the evidence
produced at that hearing, we hereby order as follows:
A. Legal and lawful title to the property known and numbered as ,525 Herman
Avenue in the Borough of Lemoyne, Cumberland County, Pennsylvania, which property
is more particularly bounded and described in Schedule A which is attached to this
decree and made a part hereof, is hereby vested in James H. Kibe, Sr. and Elsie J.
Kibe, his wife, as tenants by the entireties, owning, together, a 50% interest in the
property, and Annette G. Kibe, single woman, as a tenant in common owning the other
one half of the property.
B. These proceedings and an authenticated copy of this order shall at all times
hereafter, be sufficient evidence of the ownership of the property as set forth herein.
C. The Recorder of Deeds is hereby authorized and directed to record in its
records a certified copy of this order as a decree awarding real estate and determining
the lawful status of title as provided for herein.
J.
Distribution:
Samuel L. Andes, Esquire (Attorney for Plaintiff & Defendant Elsie J. Kibe) -<:11~ p
525 North 12th Street, Lemoyne, Pa 17043 (S.,V'e...>
John A. Abom, Esquire (Attorney for Defendant, James H. Kibe, Sr.) - (7___. MOl.
8 South Hanover Street, Carlisle, PA 17013 -n
1.-/ -"/t:>~
.::I:i'7'l
,-
\7'\N\fi\\),S~,\N3d
I I.,:r\"~'" ' (1' .-r,,,("It"\
I\J..\\\ ,l.J-,.) ':' ,:;'_-',:~d\"-.H IV
'16 :2
,. ~
fAd
~l- imf ZO
}.,'t'N1Ci"j:,.\v..:1 jL. :\0
3'Jb:ICj-..o-:r\\j
II
i _( .
, .
I I
i
Schedule ~
II
ALL THAT CERTAIN lot or tract of land located in the Borough of Lemoyne, Cumberland
County, Pennsylvania, bounded and described as follows, to wit: - :
BEING the Eastern one-half part of Lot Number thirty-seven (37), Section "D", in a Plan of Lot
known as Plan No.1, Riverton, Pennsylvania, said Plan being recorded in the Cumberland County
Recorder's Office in Deed Book "J", Volume 4, Page 40. The said Eastern one-half of Lot No. 37,
Section "D", fronting seventeen and one-half feet (17 %) on Herman Avenue, and extending back an
even width, one hundred fifty (150) feet to Peach Alley. Bounded on the South by Herman Avenue; n
the West by the property now or formerly of Sara Kuntz; on the North of Peach Alley; on the East by
the property now or formerly of Ira Shur.
HAVING thereon erected a one-half of a double two story dwelling house, and being known a
No. 529 Herman Avenue, Lemoyne, Pennsylvania.
BEING the same premises which Donald T. Orris and his wife, by their Deed dated 8 Decem er
1977 and recorded in the Recorder of Deeds Office in and for Cumberland County, Pennsylvania, in
Deed Book 0, Volume 27, at Page 362, granted and conveyed onto James H. Kibe, Sr. and others.