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Home My WebLink About06-0846 , RHONNDA CLARK, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. O/"- )40 Civil Term WILLIAM M. CLARK, : CIVIL ACTION - EQUITY Defendant/Respondent : 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 MAYBE 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 V. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. i? l. - ~ 'ftp Civil Term RHONNDA CLARK, Plaintiff/Petitioner WILLIAM M. CLARK, : CIVIL ACTION - EQUITY Defendant/Respondent : COMPLAINT FOR PARTITION AND NOW, comes the Plaintiff, Rhonnda Clark, by and through her attorney, Jane Adams, Esquire, and makes the following complaint. 1. Plaintiff/Petitioner is Rhonnda Clark, who currently resides at 32 Montesera Road, Carlisle, Cumberland County, Pa., 17013. 2. Defendant/Respondent is William M. Clark, who currently resides at 113 Hope Drive, Boiling Springs, Cumberland County, Pa., 17007. 3. Plaintiff and Defendant were married on August 16, 1986. 4. During the course of the marriage, the parties acquired a home, located at 113 Hope Drive, Boiling Springs, Cumberland County, Pa. 17007; Defendant currently resides in this home. 5. The parties were divorced on December 17,2001. 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 as co-tenant with Defendant an undivided share of the property identified as 113 Hope Drive, Boiling Springs, Cumberland County, Pa. 17007, which Plaintiff wishes to own separately. 8. The deed to this property was recorded and filed with the Cumberland County Recorder of Deeds on June 4, 1998, in Deed Book 178, Page 977. (A copy of the Deed to this property is attached as Exhibit A). 9. The parties have been unable to agree on the terms for an orderly distribution and partition of the property. , 10. Plaintiff seeks partition of the jointly owned property, including any other reliefthis Honorable Court may deem appropriate. WHEREFORE, Plaintiff requests that this Honorable Court enter an Order providing that the property be partitioned, and that Plaintiff be entitled to any other relief as this Honorable Court may deem appropriate. Respectfully submitted, Date: ~ (/3 / 0 (p ~ arns, Esquire .D. o. 79465 South Pitt St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ib~1v<U ,) "}7 Parcel No. 40-10-0636-274 THIS DEED, " ~ - . ; ,- '" , .- ~ c E: "- on Made Ihe ~ day of Jltf,)~ .1998. s -" CO> '" BETWEEN FINE LINE HOMES, INC., a Pennsylvania corporation, of 7300 Derry street, harrisburg, Dauphin County, Pennsylvania, Party of the First Part, hereinafter designated as the GRANTOR, AND WILLIAM M. CLARK and RHONNDA L. CLARK, husoond and wife, of Carlisle, Cumberland County, Pennsylvania, Parties of the Second Part, hereinaller designated as the GRANTEES. WITNESSETH, that the Grantor for and in consideration of ONE HUNDRED NINETY-SEVEN THOUSAND TWO HUNDRED AND 001100 DOLLARS (SI97,200.00), lawful money of the United States of America, to the Grantor in hWld 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 Grantor being therewith fully satisfied. does by these presents grant, bargain, sell and convey unto the Grantees forever. ALL THAT CERTAIN tract of land situate in South Middleton Township, Cumberland County, Pennsylvania, and more particularly identified as follows: BEGINNING at an iron pin in the southern right-of-way line of lIope Drive at the northeast corner of Lot No. 27 on the above mentioned Final Subdivision Plan; thence by said Lot No. 27. South 40- 04' 15" West 143.98 feel to an iron pin in line of Lot No. 34 on the above mentioned Final Subdivision Plan; thence by said Lot No. 34, South 490 34' 35" East 103.95 feet to an iron pin at the southwest corner of Lot No. 25 on the above mentioned Final Subdivision Plan; thence by said Lot No. 25. North 40. 04' 15" East 144.62 feet to an iron pin in the southern right-or-way line of said Hope Drive. thence by the southem right-of-way line of said Hope Drive. North 49' 55' 45" West 103.95 feet to an iron pin, the place of BEGINNING. BOOK 178 rm 977 ~X:tt\~ \\~ " BEING Lot No. 26 on the Fina! Subdivision Plan of Indian Hills - Section I, recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 67, Page 36. CONTAINING 15,000.32 squllre feet. UNDER AND SUBJECT, nevertheless, to the storm drainage easement as noled on the above mentioned Fina] Subdivision Plan. UNDER AND SUBJECT, NEVERTHELESS, to the conditions, reslrictions and casements as noted on lhe hereinabove mentioned Final Subdivision Plan; and SUBJECT, rURTHER to the Declaration of Protective Covenants, Conditions, Restrictions and Reservations for said Final Subdivision Plan dated December 3, 1993 and recorded in the Office of the Recorder of Deeds. aforesaid, in Miscellaneous Book 460, Page 698. BEING THE SAME PREMISES which Dickinson Estates. a partnership consisting of Chester J. Acker, Donald A. Group, Wilbert L. Diehl and George L. Ebener. by their deed dated April 18. 1996 and recorded May 2. 1996 in the Office of the Recorder of Deeds ill and for Cumberland County, Pennsylvania in Deed Book 138. Page 715, granted and conveyed unto fine Line Homes, Inc., a Pennsylvania corporation, GRANTOR herein. TOGETHER with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights. liberties, privileges, hereditaments and appurtenances to the same belonging or in anywise 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 Grantor 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 unlo the Grantees and to the Grantees' proper use and benefit forever. AND the Grantor covenants that, except as may be herein set forth, it does and will (orever specially warrant and defend the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grantor and all other persons lawfully claiming the same or to claim the same or any part thereof, by, from or under it, them or any of them. In all references herein to any parties, persons, entities or corporations. the use of any particular gender or plural or singular number is intended to include the appropriate gender or ntlmber as the text of the within instrument may require. Wherever in this instrument any party shall be designated or referred 10 by name or general reference, such designation is intended to and shall have the same effect as if the BOOK 178 rACE 978 word$ "heirs, executors, administrators, personal or legal representatives, successors and assigns" had been inserted after each and every such designation. IN WITNESS WHEREOF, the Grantor has hereunto set its hand and si;;:althe day and year first above written. ATTEST, FINE LINE HOMES. INC. ):;:::.~~ r';:~~:61 '~I..:-;.\:" . . i~~~~V~;:; ;::~~}i.: .. \<;:..,.,.(p;)ttJ'bRATE SEAL) :th~~"I~'}{!;"O N \:..'~~l:":. ':: 1"lt~:;:i;';I1'.1~'~~':;:tt'{ COMMONWEALTH OF PENNSYLVANIA, COUNTY OF BY A;:;L#/d~ (tJet) President TITLE: 'VIce ~.et"S"1 OeoM r Uf'fUPfl/rJ )SS. BE IT REMEMBERED. that on :rUN 6" 4 , 1998. before me the subscriber personally appeared .::J'OH..I, L. Sew I 1..(,.1 rJ.G- who acknowledged himself/herself to be the (Vice) President of Fine Line Homes, Inc., a Pennsylvania Corporation, and that being authorized to do so as such corporate officer executed the foregoing instrument for the purposes therein contained on behalf of the corporation. ~,:~~lfE~?~~~ .... it,,:" ~'~~f~:~,.. WITNESS my hand and seal the day and year aforedescribed. ........... a,!bII,.F.HIlChll,NoIInyPubIk: 8wa1l1o..T~..DauprinCouroly'j2001 Vf~E~OllC. . "..... ~1tJ;~:w Notary Public I HEREBY CERTIFY that the preci$e residence of the Grantees is: II~ Ikpu ~ ~~/OOl ( - ;;~f.fO' 8._,:udO" 1m nOOK .:1.78 P~tj~ 9-796ECUI:E:D LAND TRA~ ..fi... Ulc., I t-IiO?:>/S " .,.....t,.i::' ;~.~,4;~:~: -~_:~{1~g~~:~~-1~~:. :(._(;.!.;~.i~~~ftj'i,ll#.;~~:,.(." :'-~'J~W\" . , ~~Iiih~.' .,:;. Stale of Pennaylwn!l } County of Cumberland 88 Recorded In the off"-! for the recording of Deeds En ndlor,~~bllrland Count;t.. I B.:loku:)l..Vol.=--P81j'8 J w lne~ my /land and ~l!Ir 01 olfie i'lQ Carn&l~5 - day of 1tJ::f-b. ~t!C? C~. j\iC<<d'7~ ~,.,gaF1;;;l1ln~l!lf:;J E ~ ~ ~ -d- !' ~ " ~ ;l il"""d ;>;;S! ~ '" 0_ ~ ....... ~ % .....B. _. '" "l ~ :; ~$l ~ ~ - ~ . !q ; Q3 .. i ,. :<< ~ ~ E'~ :ii a, So ~ -- '" ! noOK 178 PACE 980 ~-:;-";: ~ ~ U""--P~~. . :- ~ ~8g~8g~gg8~~ ii; VERIFICATION I 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. 94904 relating to unsworn falsification to authorities. Date: ~ -<C{)u.' \~ 'iVn.a~" (j, (f} ~~J.- Rhonnda L. Clark, Plaintiff t~) ~ C,-' ~n -'1 :-;i ?_~ r;--, (I, ~ n c.,:: \ F ., ~ w , " ~. '" .( . " ",0. ~ , "". '-", ~ ~ if' !" '"" , (. t-' V, I:::' RHONNDA CLARK, PlaintifflPetitioner : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06 - 846 Civil Term WILLIAM M. CLARK. : CIVIL ACTION - EQUITY Defendant/Respondent: AFFIDAVIT OF SERVICE AND NOW, this March 8, 2006, I, Jane Adams, Esquire, hereby certify that on March 6, 2006, a certified true copy of the NOTICE TO DEFEND and COMPLAINT were served, via certified mail, return receipt requested, addressed to: William M. Clark 113 Hope Drive Boiling Springs, Pa. 17007 DEFENDANT SENDER. COMPLeTE THIS SECTION . . . . Complete items 1. 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Signature I . ( fr-. J DAgent X v,J_ r- - ~t't-'1., ill Addressee B. Received by ( Printed Name) . I C. Date of Delivery \,-J I' '''r>'' fY'. (/tIlK!<j. l-".. D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: ~ No L0 \'~\\''''''vv- h.. C. \""...k, \\~ l~fe. ~ 'botl"~:s. ~pni'-~S 3. Service Type J::;I-€ertified Mail o Registered o Insured Mall o Express Mail o Return Receipt for Merchandise DC.O.D. t>Av \'100'1 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (T fansfsr from service label PS Form 3811 , February 2004 7004 1350 0003 7288 4721 Domestic Return Receipt 102595-02-M-1540 dams, Esquire 0, 79465 4 S uth Pitt Street Isle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF r .--j r<) C:'. HAROLD a. IRWIN, III, DQ. ATTORNEYIDNO.28820 M SOUTH PITT STREET CARLlaLE PA 17013 (717) zu.eoeo ATTORNEY FOR PLAlNnFF RHONNDA CLARK, Plaintiff : IN THE COURT OF CO....ON PLEAS OF : CU"BERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - EQUITY WILLIAM ... CLARK, Defendant : NO. 2008 - 0848 CIVIL TERM : IN PARTITION PRAECIPE TO THE PROTHONOTARY: Please withdraw my appearance for the plaintiff, Rhonnda Clark, in the above matter. May 19, 2006 4 South Pitt Street Carlisle, PA 17013 (717) 245-8508 Attorney 10 No. 79465 Please enter my appearance for the plaintiff, Rhonnd Clark, in the above matter. May 19, 2006 IRWIN & BAYLEY 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Attorney 10 No. 29920 cc: Hubert X. Gilroy, Esquire (Attorney for defendant) o c::: S ""'On cprr ....:.""., -' ~~; ~r" oe.-t., k(,. ~.~? -.":;)' ..::-. =< c.n .- ~ = = 0-- :::r :;0... -< N '" \:1 :x o II 3:! n'ifE! -0 fT'; :00 O! .../ ,..) ."-~- -"', ;0-'1 '020 5rn "-j ~ -< > RIIONNDA CLARK, Plaintiff v WILLIAM M. CLARK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-846 CML TERM CML ACTION-EQUITY NOTICE TO PLEAD To: Rhonnda Clark c/o: Harold S. Irwin, HI, Esquire Irwin Law Offices 64 South Pitt Street Carlisle, PA 17013 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. BROUJOS & GILROY, P.C. By: Hubert Gilroy, Esquire Supreme Court No. 29943 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 (Attorney for Defendant) .. RHONNDA CLARK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v No. 06-846 CIVIL TERM WILLIAM M. CLARK, Defendant CIVIL ACTION-EQUITY ANSWER TO COMPLAINT Defendant, William M. Clark, by his attorney, Broujos & Gilroy, P.C., sets forth the following: I. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted in part and denied in part. Admitted that the parties did not enter into a written Marriage Settlement Agreement which provided for the disposition of the marital home. However, the parties did agree that the Defendant could remain in the home and Plaintiff agreed to transfer the home to the Defendant at some point in the future. 7. Admitted subject to the allegations set forth in paragraph 6 above. 8. Admitted. 9. Admitted. 10. No responsive pleading is required. Admitted that Plaintiff seeks Partition of the property. WHEREFORE, Defendant requests your Honorable Court to dismiss Plaintifrs Complaint. NEW MATTER 11. The allegations set forth in paragraphs 1-10 above are incorporated herein by reference thereto. 12. Since the parties divorce in December of 2001, the Defendant has made the following payments in connection to the real estate. a. All real estate taxes. b. All mortgage payments. c. All insurance payments. d. All bills relating to the routine maintenance, care and preservation of the real estate. WHEREFORE, Defendant requests your Honorable Court to dismiss Plaintifrs claim for Partition or, in the alternative, to provide to the Defendant such set off as appropriate based upon obligations relating to the real estate which Defendant has paid. ~------ Au . Gilroy, Esquire Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Attorney for Defendant . , , -~ I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. (Q~9~ Date w~ "-- ~ William M. Clark, Defendant C'> ~ --.., . ) ." .-1 '_X: 1\ \/""(-' '.. -- ;, , .. HAROLD S. IRWIN, III. ESQUIRE ATTORNEY ID NO. 29920 84 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF WILLIAM M. CLARK, Defendant I NO. 06 - 0846 CIVI Fllalntlff I IN THI! COURT OF OMMON PLI!AS OF I CUM81lRLAND CO NTY, PIlNNSYLVANIA RHONNDA CLARK va. I CIVIL ACTION - IlQ . . PLAINTIFF'S ANSWER TO DEFENDANT' NEW MATTER NOW comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and responds to the defendant's new matter, representing as follows: 11. Plaintiff incorporates by reference thereto the aver ents of her complaint, paragraphs one through eleven inclusive, as if fully set forth at length. 12. The averments of paragraph twelve of the defendant's ew matter are denied by reason that after reasonable investigation plaintiffs are witho t knowledge sufficient to form an opinion as to the truth of those averments and proof thereof at trial is demanded, if relevant. WHEREFORE, plaintiff requests that this Honorable Court e ter an order partitioning the subject property. HAROLD S. IRWIN, II Attorney for Plaintiff August.!..!..... 2006 f .. VERIFICATION I hereby verify that the facts in stated in the above answer t new matter are true and correct. I understand that false statements herein are made subject to the penalties of Pa.C.S. Section 4904, relating to unsworn falsification to auth rities. August.lL,2006 ~~~ RHONNDA CLARK ( .. CERTIFICATE OF SERVIC I hereby certify that a copy of the foregoing answer to new atter was served this date by depositing same in the Post Office at Carlisle, PA, first cI ss mail, postage prepaid, addressed as follows: HUBERT X GILROY ESQ 4 N HANOVER ST CARLISLE PA 17013 Attorney for Defendant August !:.!..., 2006 HAROLD S. IRWIN, II Attorney for plainti s 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court 10 O. 29920 r ~- -00:; (\Jr.'.' ~'-). " '-; U).~ r-;C }f:c z-.-.. ;...-~ >'" ,-- ~ Q. ~:Q -oS ::: g~ :t::<;{ ~ qB -;c. /- f'"\ ? - ~ ~ Q) ~ ~ ~ <;'> HAROLD S. IRWIN, III, ESQ ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA RHONNDA CLARK YS. : CIVIL ACTION - EQUITY WILLIAM M. CLARK, Defendant : NO. 06 - 0846 CIVIL TERM PRAECIPE TO SETTLE AND DISCONTINUE To the Prothonotary: Please mark this case settled and discontinued, wit November 1, 2006 HAROLD S. IRWIN, III Attorney for Plaintiff 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court 10 No. 29920 ~ (:";J cr' --~ o ..s::: - o -'1'1 ~--n fn- -(1~ ~:'; ,"-..J -::)b .-~-I' ~\?~~ '3 ?f! :;:...c ~ ~ - N