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I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
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I 94-5498 EQUITY
PARTITION OF REAL ESTATE
CHRISTINE M. MORROW,
Plaintiff
KEVIN D. TAYLOR
Defendant
PRE TRIAL CONFERENCE
ORDER OF COURT
A pre-trial conference was held today on the above action in
partition. Appearing were James Bach, Esquire, attorney for the
plaintiff and the plaintiff Christine M. Morrow. Also present
was Eileen M. Winn, Realtor for the Jack Gaughen Agency. She was
the selling agent when the property was purchased by the parties.
Mr. Taylor the defendant, did not appear although our office
mailed a hearing notice to him of the hearing today.
The order of December 14, 1994, is amended to read that
plaintiff and defendant are tenants in common of the real estate
rather than joint tenants and that the address of the property is
521 State Road, West Fairview, Pa. Pursuant to Pa.R.C.P. 1558
(b), the court appoints Austin F. Grogan, Esquire, a master in
the above partition action. In this regard, the following
directions are entered.
1. The Plaintiff has agreed to a listing price with a
realtor of $79,900.00. The court directs that the master offer
the property to each tenant in common for a price of $74,300.00.
This represents $79,900 minus a 7% realtors fee of $5593.00.
..
2. If either tenant in common is not able to purchase or
finance the purchase or if neither tenant wants to purchase the
property, the court directs the master list the property for sale
with Eileen M. Winn, a realtor with the Jack Gaughn Agency for a
price of $79,900.00.
3. The master is authorized to execute any document on
behalf of either party in pr~forming his duties including an
agreement of sale or a deed for the realty at 521 State Road,
West Fairview, Pa.
4. The fee of the master is set at $65.00 per hour.
5. At the conclusion of the sale of the realty, the master
shall present the court a time sheet showing the hours expended
and also an accounting of funds distributed from the sale of the
property and also a proposed order distributing the balance of
the funds.
DECEMBER 30, 1994
By the Court,
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Harold E. Sheely, P:~.
James Bach, Esquire
For the Plaintiff
Kevin Taylor, Defendant
Eileen M. Winn, Realtor
Austin F. Grogan, Esquire
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I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I
I 94-5498 EQUITY
I PARTITION OF REAL ESTATE
I
CHRISTINE M. MORROW,
Plaintiff
KEVIN D, TAYLOR,
Defendant
ORDER OF COURT
AND NOW, this 14th day of DECEMBER, 1994, default judgment
having been previously entered against defendant in the amount of
$7,000.00, the real estate known and numbered as 521 State Road,
Fairview, Pennsylvania is hereby ordered to be partitioned.
Plaintiff and defendant are equal joint tenants of said real
estate, and defendant is residing on said property. Pursuant to
Pa,R.C.P. 1558, the parties are directed to appear at a
preliminary conference on Fridav. December 23. 1994. at 10100
a.m. in Courtroom . 1. Cumberland County Courthouse.
By the Court,
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arold E. Sheely, P.J,
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James M. Bach, Esquire
For the Plaintiff
Kevin D. Taylor, Pro Se
521 State Road
West Fairview, Pa. 17025
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Atlorney at Law
H2 S, Sparling HlII Road
Mcchanlcsburg. PA 170"
Tel: (717) '/37-2033
November 26, 1994
l~r. Rick Pierce
Assistant Court Administrator
Cumberland County Court House
One, Court House Square
Carlisle, PA 17013
RE: CHRISTINE M. MORROW VB. KEVIN D. TAYLOR
94 - 5496 EQUITY TERM (PARTITION OF REAL ESTATE)
Dear Rick:
Following our telephone conversation in regard to this case,
I am enclosing herewi th a MO'rION FOR THE APPOINTMENT OF A MASTER.
The Master should be appointed by Judge Sheely, to partition
the real estate.
Will you take the next steps, in order to insure that the Judge
appoints a Master, so we may proceed with this case.
If there is additional documentation required from my end, please
let me know.
Respectfully,
(.~<--_ /J"
~S M. BACH
Attorney-at-Law
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Enclosure: Motion for the Appointment of a Master
cc: Ms. Christine M. Morrow
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JAMES M. BACH
ATTORNEY AND COUNSELOR AT LAW
362 SOUTH SPORTING HILl.ROAD
MECHANICSBURO, PENNA 17065
(717) 737-2033
NOV 29 199-\ dY
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CHR1STINE M. MORROW
PLAIN'rH'!"
IN Till'; COUR'r Of' COMMON PLEAS OP
: CUMRI';RLAND COUNTY, PENNSYLVANIA
vs.
: 94 - 5490 EQUITY TERM
KEVIN D. TAYLOR
DEPENDANT
PARTITION OP REAL ESTATE
MOTION FOR THE APPOINTMENT OF A MARTER
AND NOW comes CHRISTINE /01. MORRO\~, by her attorney, JAMES M.
BACH, and files the within MOTION POR THE APPOINTMENT OF A
MASTER.
1. Christine M. Morrow is an adult individual residing in
Cumberland County.
2. Kevin D. Taylor is an adult individual residing in
Cumberland County.
3. The parties own jointly real estate, and Mr. Taylor is
in possession thereof.
4. All, Pleadings are closed in this case.
5. Default Judgement in the amount of $7,000.00 has been
entered against the Defendant, Kevin D. Taylor.
6. It is now necessary to have a Master appointed to partition
the real estate.
WHEREFORE, Christine M. Norrow respectfully prays that this
Honorable Court appoint a Master for the partition of real
estate, which represents the subject matter of this case.
Respectfully submitted,
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JAME M. BACH, ESQUIRE
352 South Sporting Hill Road
Nechanicsburg, PA 17055
717-737-2033
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CHRISTINE M. MORRON
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
94 - 5498 EQUITY TERM
CIVIL ACTION
KEVIN D. TAYLOR
DEFENDANT
PARTITION OF REAL ESTATE
MOTION FOR PARTITION OF REAL ESTATE
AND NON, comes the PLAINTIFF, CHRISTINE M. MORRON, by her
attorney, JAMES M. BACH, AND MOVES FOR TilE ENTRY OF AN ORDER
DIRECTING PARTITION.
ITEM 1.
A Complaint requesting partition was filed on September 27,
1994.
ITEM 2.
The Complaint was served on September 26, 1994.
ITEM 3.
The ten-day Notice to Plead was served on october 19, 1994.
ITEM 4.
A JudgemEnt by Default was entered on or about the 2nd day of
November, 1994.
WHEREFORE, PLAINTIFF respectfully prays that the Court order
and direct a partition as follows:
1. That the real estate listed as Exhibit A in the original
Complaint shall immediately be listed for sale at a price
of $79,900.00, with Eileen Winn, of Jack Gaughen Real
Estate.
2. Upon sale, the proceeds of the property will be distributed
as follows: la) The first $7,000.00 of net profit to the
Plaintiff, Christine M. Morrow, and the
balance thereafter divided equally between
the Plaintiff and the Defendant.
Respectfully submitted,
DATE
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JAMi(s M. BACH, BSQ. '
Att ney I.D. No. 18727
352 South Sporting Hill Road
Mechanicsburg, PA 17055
717-737-2033
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JAMES M. BACH (717) 737-2033
ATTORNEY AND COUNSELOR AT LAW
362 SOtJTH SPORTlNO HIIJ.ROAD
MECHANICSBURO.PENNA 17066 NOV 2 1994~
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IN TilE CQUR'I' OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
94 - 5498 EQUITY TERM
CIVIL AC'rION
CIIRISTINE M. MORROW
pr,AINTYFF
KEVIN D. TAYLOR
DEFENDANT
: PARTITION OF REAL ESTATE
ORDER DIRECTING PARTITION
AND NOW, on this day of , 1994,
it appearing that a Complaint has been served, together with
a proper Ten-day Notice, a Judgement entered of record, and
no answer having been filed, upon MOTION of James M. Bach,
Esquire, the Plaintiff is hereby ORDERED AND DECREED AS FOLLOWS:
1. The real estate known and numbered as 521 State Road,
Fairview, Pennsylvania, shall immediately be listed for
public sale by Eileen Winn of Jack Gaughen Realtor, at a
list price of $79,900.00.
2. The proceeds of said sale shall be divided as follows:
(al The first $7,000.00 of net profit to Christine Morrow
(bl The balance thereafter be divided equally between
the Plaintiff and the Defendant.
3. The Defendant, Kevin D. Taylor is order~d to co-op~rate
and sign all documents herein. If he refuses to
co-operate and sign all documents for this partition and
sale he may be held in contempt of Court.
4. The Defendant, Kevin D. Taylor, shall sign any and all
documents necessary to proceed with this listing and sale.
In the event that Kevin Taylor refuses to sign these
documents, the listing and sale will proceed without his
signature.
By the Court
J.
,
CHRISTINE M. MORROW
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
94 - 5498 EQUITY TERM
CIVIL AC'rION
vs.
KEVIN D. TAYLOR
DEFENDANT
.
.
PAR'rITION OF RF.AL ES'rATE
MOTION FOR PARTITION OF REAL ESTATE
AND NOW, comes the PLAINTIFF, CHRISTINE M. MORROW, by her
attorney, JAMES M. BACH, AND MOVES FOR THE ENTRY OF AN ORDER
DIRECTING PARTITION.
ITEM 1.
A Complaint requesting partition was filed on September 27,
1994.
ITEM 2.
The Complaint was served on September 28, 1994.
ITEM 3.
The ten-day Notice to Plead was served on October 19, 1994.
ITEM 4.
A Judgement by Default was entered on or about the 2nd day of
November, 1994.
WHEREFORE, PLAINTIFF respectfully prays that the Court order
and direct a partition as follows:
1. That the real estate listed as Exhibit A in the original
Complaint shall immediately be listed for sale at a price
of $79,900.00, with Eileen Winn, of Jack Gaughen Real
Estate.
2. Upon sale, the proceeds of the property will be distributed
as follows: (a) The first $7,000.00 of net profit to the
Plaintiff, Christine M. Morrow, and the
balance thereafter divided equally between
the Plaintiff and the Defendant.
CHRISTINE M. MORROW
Plaintiff
VB.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
199 4 - 05- 'f 98' 1.'~l~~1 T Vt/),V
CIVIL ACTION - EQU!TY
KEVIN D. TAYLOR
Defendant
PARTlTION OF REAL ESTATE
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 Notice is served, by entering
a written appearance personally or by an 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 Defendant. You may lose money or
property or other rights important to you.
YOU SHOULD 'rAKE THIS PAPER 'ro YOUR LAHYER AT ONCE. IF YOU DO
N01' HAVE A LA~IYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
TilE Ol"FICE SE'r FORTII BELOH 'ro FIND OUT l'lHERE YOU CAN GET LEGAL
HELP.
Court Administrator
Fourth Floor, Cumberland County Courthouse
one, Court House Square
Carlisle, Pennsylvania 17013
(717) 240-6200
CHRISTINB M. MORROW . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY
.
.
.
VB. . 1994- CIVIL
.
.
.
KEVIN D. TAYLOR . CIVIL ACTION - EQUITY
.
Deftmdant . FOR PARTITION OF REAL ESTATE
.
COMPLAINT - FOR PARTITION OF REAL ESTATE
AND NOW comes the Plaintiff, CHRIS'rINE M. MORROW, by her attorney
JAMES M. BACH, and files the within COMPLAINT - FOR PARTITION
OF REAL ESTATE.
1. Plaintiff is CHRISTINE M. MORROW, residing at 151 Wyoming
Avenue, Enola, Pennsylvania.
2. Defendant is KEVIN D. TAYLOR, residing at 521 State Road,
West Fairview, Pennsylvania.
3. Plaintiff and Defendant are co-owners of a certain parcel
of real estate, known and numbered as 521 State Road, West
Fairview, Pennsylvania, more particularly described in
accordance with the Deed, which is attached hereto and marked
as exhibit "A".
4. At or about the time of the purchase of subject property,
all cash down monies, were paid by the Plaintiff, and this
amounted to $7,000.00. The Defendant paid nothing down
on account at the time of said purchase.
5. The Plaintiff and the Defendant are the only parties who
have an interest, that is either equitable or real, in
the subject real estate.
6. The real estate is not capable of division without prejudice
to it, or spoiling of the whole.
7. Repeated requests have been made to the Defendant, to offer
for private sale, the dwelling house, in order to effectuate
economic justice, but the Defendant has consistently refused.
8. There have been no prior petitions or divisions of this
property at anytime heretofore, although Plaintiff has
requested the Defendant, on numerous occasions, to join
with her in a private sale of this dwelling house, to ensure
that she receive her cash and down monies, together with
any other cash interest she may have in this property.
9. The Defendant, Kevin D. Taylor, is in possession of the
subject real estate, and the Plaintiff, Christine Morrow
is out of possession. Christine Morrow has made numerous
and repeated attempts to get an accounting from Mr. Taylor
for her cash interest in the subject real estate, and
Mr. Taylor has refused to account to her for her cash
interest and her equity interest in this real estate. It
is believed by the Plaintiff that the only solution for
this problem is to have the property sold.
WHEREFORE Plaintiff prays that:
(a) This Court order and direct the sale of subject
real estate, known and numbered as 521 state Road,
West Fairview, Pennsylvania
(b) This sale be conducted by a competent real estate
broker.
(c) This Court order that after the expense of sales and
payment of costs, such as mortgage, etc., the first
$7,000.00 will be paid to the Plaintiff and the
remainder thereafter will be shared between the
Plaintiff and the Defendant.
Respectfully submitted,
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AMES M. BACH
Atto ney 1.0. No. 18727
352 South Sporting Hill Road
Mechanicsburg, PA 17055
717-737-2033
Y/.! 7/Y'Y'
Date
CHRISTINE M. MORROW . IN THE COURT OF COMMON PLEAS
.
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs. . 1994 - CIVIL
.
.
.
ItEVIN D. TAYLOR CIVIL ACTION - EQUITY
Defendant : FOR PARTITION OF REAL ESTATE
VERIPICATION
I, CHRISTINE MORROW, do hereby swear and affirm that the
facts set forth in the foregoing:
COMPLAINT FOR PARTITION OF REAL ESTATE
are true and correct to the best of our knowledge, information
and belief. I understand that this verification is made subject
to the penalties of 18 Pa. C.S.A. 9 4904 relating to unsworn
falsification to authorities.
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ATTORNEY AND COUNSElOR AT LAW
362 SOUTH SPORTING HILL ROAD
MECHANICSBURG, PENNA 17066
(717)
737-2033
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CHRISTINE M. MORROW
PLAINTIFF
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs.
1994 - 5498 EQUITY TERM
CIVIL ACTION - EQUITY
KEVIN D. TAYLOR
DEFENDANT
PARTITION OF REAL ESTATE
CERTIFICATE OF PERSONAL SERVICE
I, MICHAEL BLESSING, being duly sworn according to law, say
that the DEFENDANT herein was served a copy of said Complaint
and Notice to Defend at 521 STATE ROAD, WEST FAIRVIEW,
PENNSYLVANIA, 17055, on the 27th day of September, 1994, at
9:15 p.m., by handing to the Defendant a true and attested
copy of the same and at the same time directing the Defendant's
attention to the contents thereof and the "NOTICE TO PLEAD"
endorsed thereon.
DA'rE:
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MICHAEL BLESSING
ATTORNEY AT LAW
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CHRISTINE M. MORROW
Plaintiff
VB.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
94 - 5498 EQUITY TERM
CIVIL ACTION - EQUITY
: PARTITION OF REAL ESTATE
KEVIN D. TAYLOR
Defendant
TO: KEVIN D. TAYLOR
DATE OF NOTICE:
OCTOBER 19, 1994
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST
YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY AND/OR
OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER
AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO, OR TELEPHONE, THE FOLLOWING OFFICE TO FIND OUT WHERE
YOU CAN GET LEGAL HELP:
COURT ADMINISTRATOR
FOURTH FLOOR
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
~ ES M. BACH, ESQUIRE
/, ttorney I.D. N18727
3 2 S. Sporting Hill Road
MechanicBburg, PA 17055
(717) 737-2033
CHRISTINE M. MORROW
Plaintiff
.
.
.
.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
94 - 5498 EQUITY TERM
PARTITION OF REAL ESTATE
CIVIL ACTION - EQUITY
KEVIN D. TAYLOR
Defendant
CERTIFICATE OF SERVICE BY MAIL
I, JAMES M. BACH, Attorney-at-Law, hereby certify that I have
mailed to the below listed individual, a copy of the foregoing
IMPORTANT NOTICE
by placing a copy of same in
prepaid, on the 19trday of
addressed as follows:
the United states Mail, postage
october ,1994, and
MR. KEVIN D. TAYLOR
521 STATE ROAD
WEST FAIRVIEW, PA 17025
Date October 19, 1994
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BY: lJ~
JAMB M. BACH
Atto ey I.D. No. 18727
352 South Sporting Hill Road
Mechanicsburg, PA 17055
717-737-2033
Attorney for the PLAINTIFF
.
CHRISTINE M. MORROW
PLAIN'rI FF
: IN THE COURT OF CmlMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
VS.
94 - 5498 EQUITY TERM
: CIVIL AC'rION
KEVIN D. TAYLOR
CEFENDAN'I'
PARTITION OF REAL ESTATE
PRAECIPE FOR ENTRY OF DEFAULT JUDGEMENT
ENTER JUDGEMENT IN FAVOR OF THE PLAINTIFF, CHRISTINE M. MORROW,
FOR THE PARTITION OF REAL ESTATE AND AGAINST TilE DEFENDANT,
KEVIN D. TAYLOR.
ENTER A JUDGEMENT OF $7,000.00 IN FAVOR OF THE PLAINTIFF AND
AGAINST THE DEFENDANT, KEVIN D. TAYLOR.
THE CmlPLAINT HAS BEEN DULY SERVED AND TilE TIME FOR PLEADING
HAS EXPIRED AND NO ANSWER HAS BEEN FILED.
THE TEN-DAY NOTICE HAS BEEN DULY SERVED AND NO ANSWER HAS BEEN
FILED THERETO.
A JUDGEMENT SHOULD BE ENTERED AGAINST THE DEFENDANT AND IN FAVOR
OF THE PLAINTIFF, TOGETHER WITH COUR'r COSTS AND INTEREST FROM
DATE OF JUDGEMENT.
Respectfully submitted,
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DATE /;' ,
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J S M. BACH, ESQ.
A orney I.D. # 18727
354 South Sporting Hill Road
Mechanicsburg, PA 17055
717-737-2033
JAMES .... BACH
ATTORNEY AND COUNSELOR AT LAW
352 SoUTH SPORTING HILL ROAD
MECHANICSBURG, PENNA 17055
(117)
737-2033
CHRISTINE M. MORROW IN TilE COUR'r OF COMMON PLEAS
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
VB. 94 - 5498 EQUITY TERM
CIVIL ACTION - EQUITY
KEVIN D. TAYLOR .
.
Defendant PAR'rITION OF REAL ESTATE
TO: KEVIN D. TAYLOR
DATE OF NOnCE:
OCTOBER 19, 1994
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU IIAVE FAILED TO TAKE ACTION
REQUIRED OF YOU IN TillS CASE. UNLESS YOU ACT WITHIN TEN DAYS
FROM TilE DATE OF TillS NonCE, A JUDGMENT MAY BE ENTERED AGAINST
YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY AND/OR
OTIIER IMPOR1'ANT RIGHTS. YOU SIIOULD 'rAKE I'll IS NOTICE TO A LAWYER
AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE,
GO TO, OR TELEPIIONE, 1'IIE FOLLOWING OFFICE TO FIND OUT WHERE
YOU CAN GE'r LEGAL IIELP:
COURT ADMINISTRATOR
FOURTH FLOOR
CUMBERLAND COUNTY COUR'rllOUSE
ONE COUR1'II0USE SQUARE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
~$~
~ ES M. SACII, ESQUIRE
~ ttorney 1.0. #18727
3 2 S. Sporting lIill Road
Mechanicsburg, PA 17055
(717) 737-2033
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ATTORNEY AND COUNSELOR AT LAW
362 SOUTH SPORTING HILJ.ROAD
MECHANICSBURO, PENNA 17066
(717)
737-2033
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
94 - 5498 EQUITY TERM
CIVIL ACTION
CHRISTINE M. MORROW
PLAIN'rIFF
KEVIN D. TAYLOR
DEFENDANT
PARTITION OF REAL P.STATE
PRAECIPE TO MARK SETTLED
KINDLY MARK THE WITHIN CASE SETTLED AND SATISFIED.
Respectfully submitted
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AMES M. BACH
Attorney I.D. No. 18727
352 South Sporting Hill Road
Mechanicsburg, PA 17055
717-737-2033
Attorney for Plaintiff
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1 (Whereupon, the following testimony was taken
2 in chambers:)
3 THE COURT: I just want to ask your client a
4 few questions.
5 (Whereupon, Christine Morrow was sworn.)
6 BY THE COURT:
7 Q Would you give me your name, please.
8 A Christine Marie Morrow.
9 Q And how old are you?
10 A Twenty-six.
11 Q And where do you live now?
12 A My address is 151 Wyoming Avenue, Enola, PA.
13 Q And where are you employed?
14 A The New You Hairstyling Salon.
15 Q And where is that?
16 A Enola.
17 Q What is your marital status now?
18 A I'm single.
19 Q Have you ever been married?
20 A No.
21 Q Sometime you and a Kevin Taylor purchased a
22 home in Enola, is that right?
23 A In West Fairvlew.
24 Q West Falrview. When you and Mr. Taylor
25 purchased the home, were you represented by an attorney at
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that time?
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agent?
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at that time?
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1 Q And when you and he bought the property,
2 where was he employed?
3 A Finley's Restaurant.
4 Q And where were you employed at that time?
5 A The New You Hairstyling Salon.
6 Q So the two of you lived together in the
7 property for a period of time. When did you move out? Did
8 you move out or did he move out?
9 A I moved out.
10 Q And when did you move out?
11 A October of '93.
12 Q And after you moved out, did Mr. Taylor
13 remain in the property?
14 A Yes.
15 Q Was he single also when the two of you
16 purchased it?
17 A Urn-hum.
18 Q Now, since October of 1993 has he still
19 continued to reside in the house?
20 A Yes.
21 Q Where does he work now?
22 A He works at the same place, Finley'..
23 Q Where?
24 A On the Carlisle Pike.
25 Q What does he do there?
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BY THE COURT:
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Q And as far as you know has he been making the
mortgaga payments on the house?
A No, I have been.
Q You have been? And why is that?
A Because of my name being on the mortgage, I
didn't want to ruin my credit if he didn't make the payment.
Q Is he paying you any rent?
A No.
Q So since october of '~3 he's been living in
the property and pays nothing?
A Right.
Q I guess he pays utility bills?
A Yes.
Q Have you discussed with him about Agreeing to
a sale of that house, the two of you agreeing?
A Yes, but he won't agree to it.
Q He won't agree. Has the property been
maintained in pretty good shape?
A Yes.
Q What type of a house is it, a one-story,
two-story?
A
It's a two-story. The upstairs is an
apartment.
Q Is that -- is the apartment rented to third
parties?
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9 month?
10 A $563.00.
11 Q So as far as you know he would not execute a
12 deed or anyth1ng else?
13 A Huh-uh.
14 THE COURT: Mr. Bach, how d1d you get notice
15 to him of this hearing, this pretrial conference today?
16 MR. BACH: The notice was sent directly from
17 your office. Your office called me to verify his address,
18 and it was sent to him by ordinary mail.
19 THE COURT: He does live there obviously?
20 MR. BACH: He lives there, and he has made a
21 disclosure to Michael Bless1ng, an attorney 1n my off1ce,
22 who met w1th h1m and sa1d that he wasn't golng to cooperate
23 and he wasn't going to move out. He just wasn't golng to do
24 anything.
25 The lady that d1d the orig1nal listing on the
A Yes.
Q Is that being rented now?
A Yes.
Q And who gets the rent for that?
A I do.
Q And how much is that being rented for?
A $475.00.
Q And how much is the mortgage payment each
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property and sold it to Christine Morrow and Kevin TAylor, I
brought her today. She's in the courtroom. Her nAme is Ms.
Eileen Winn. She's the real estate agent who handled the
original sale, if you should need to talk to her, Judge.
She would be willing to put it on the market, and
she believes it would market at seventy-nine nine; and if
that were true, that would mean there would be enough money
for Ms. Morrow to get the $7,000.00 plus there would be some
left over for Ms. Morrow and Mr. Taylor.
THE COURT: Even after a real estate
comm1ssion?
MR. BACH:
THE COURT:
After real estate commission.
What is the balance you owe the
mortgage company?
MR. BACH: The balance of the mortgage 1s
about $60,000.00, Your Honor.
THE COURT: Do you th1nk, Mr. Bach, that he's
golng to let somebody take someone through the house?
MR. BACH: We don't know that, Your Honor.
That's a great concern of ours, and we would ask that any
order that were drafted would conta1n some language that
he's ordered to allow the people, you know, to show the
property,
THE COURT: What's the -- normally on these
things I appoint a Master just to ass 1st in these things.
8
1 Someone is going to have to execute his name on a deed, and
2 normally I would appoint a Master primarily just to see
3 that, you know, that he cooperates or he petitions me and I
4 throw him out of the house, let some in-between party do
5 that.
6 I don't th1nk it's necessary to have a Master try
7 and sell it himself or anything if there's a realtor
8 involved. I would just prefer to d1rect the Master to offer
9 it for sale through a particular realtor, and you guys have
10 someone in mind.
11 MR. BACH: She's Ms. Eileen W1nn, Jack
12 Gaughen Real Estate. It's a large real estate company.
13 THE COURT: You guys looked her up?
14 MR. BACH: She's the one who sold the
15 property to Ms. Morrow and Mr. Taylor or1ginally, and she's
16 familiar w1th the property. She knows the upgrades that
17 have been made.
18 THE COURT: I would 11ke to -- we'll appoint
19 a Master, and I'm just golng to d1rect that his duties be
20 very limited so that you don't get a bunch of addit10nal
21 costs 1nvolved 1n th1s because obv10usly we're golng to have
22 to see that th1s guy cooperates or else get h1m out of the
23 house, and the Master would have to handle that.
24 Plus someone 1s going to have to execute a deed,
25 and someone is golng to have to f1le a final accounting and
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1 once the property is sold see that the money is distributed.
2 MR. BACH: And somebody will have to sign all
3 the listing contracts, about twelve pages now of different
4 things. The Master would have to sign all of those on
5 behalf of him.
6 BY THE COURT:
7 Q Do you know why -- when you moved out, did
8 you move out to live with someone else?
9 A I moved out just to get away from Kevin.
10 That was the basic reason I moved out.
11 Q Are you liv1ng with someone else now?
12 A I was. He doesn't live w1th me anymore.
13 Q Is that why he's so mad at you?
14 A I don't understand why he's so upset w1th me.
15 Q Is he a man of violence? Do you know? How
16 old is he by the way?
17 A He's twenty-three. He can 1f he's drink1ng.
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24 to sell it.
25 THE COURT: I th1nk technically they have to
THE COURT: Go get the realtor once. Let's
just talk to her a minute. You don't think he would have
any money to buy the property h1mself?
MS. MORROW: No.
THE COURT: Would you 11ke to buy 1t?
MS. MORROW: Not really. I would just like
10
1 offer it to both parties to see if either party wants to buy
2 it. If you don't, that party would have to be able to come
3 up with the money. We're not going to hold it up for a long
4 period of time.
5 MR. BACH: This is Ms. Eileen winn. She sold
6 the property initially to Ms. Morrow and Mr. Taylor.
7 THE COURT: And do I understand, Christine,
8 you would like to have her be the agent to sell the property
9 if we appoint a Master on th1s and he dec1des that's the way
10 to sell it?
11 MS. MORROW: R1qht.
12 THE COURT: I really don't see any advantage
13 of a private sale on this type of a house, I mean having the
14 Master appraise and sell it h1mself. I don't think that
15 probably would work. Do you th1nk?
16 MR. BACH: I don't see that as a good idea
17 e1ther, Your Honor. Ms. W1nn has suggested to me that
18 perhaps this house could go for seventy-n1ne nine. That
19 would be enough to pay a real estate comm1ss1on, Ms. Morrow,
20 and a 11ttle b1t left over for Ms. Morrow and Mr. Taylor to
21 split and pay the Master.
22 THE COURT: Apparently th1s 1s not a good
23 situation between the part1es. They have separated, and
24 I might have made my order wrong, Mr. Bach. I said joint
25 tenants. I guess th1s would be a tenants-1n-common.
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1 Apparently the other tenant-in-common, Mr. Taylor,
2 will not cooperate in any manner, and I'm not so sure at
3 this poin~ in talking to them whether -- how well he's going
4 to cooperate with you in trying to show the property. So
5 we'll just have to wait and see.
6 I think what I'm going to do is appoint a Master.
7 What I can do 1n my order is direct that he list the
8 property w1th you, and that way you can -- once you get the
9 order, you can proceed to sell 1t, and then he's going to
10 have to slgn any papers that Mr. Taylor would normally sign.
11 I would suggest we try and get him to execute
12 these things. If he refuses, we'll just have the Master
13 sign them. I don't think th1s is going to be a pleasant job
14 the way it sounds.
15 MS. WINN: No.
16 THE COURT: We'll just have to wait and see
17 how well he w1l1 cooperate, and we'll just have to act
18 accordingly. So I'll appo1nt somebody down on the West
19 Shore.
20 MR. BACH: All r1ght, Your Honor.
21 THE COURT: And we'll try and spell out what
22 their duties w111 be so that there's not a lot of lawyer's
23 fees 1nvolved in th1s because we're golng to have to pay a
24 real estate commission now on the sale of the house, so
25 we'll try and keep the other fees as small as possible.
12
1 But I think we will definitely have to appoint a
2 Master because he might have to work with her as far as
3 providing notice to Taylor, and if he won't let them go
4 through then we'll throw him out.
5 MR. BACH: We anticipated a Master being
6 appointed.
7 THE COURT: I don't know how else to do thi~.
8 I think technically he'll have to -- before we -- we'll just
9 have to make some condit10ns. I th1nk he has to offer it to
10 see if any tenant-in-common wants to buy it, I'm sure,
11 before the realtor would actually be 1nvolved. She says she
12 doesn't want 1t, and I'm we w111 let the Master contact
13 Taylor to see if he can buy it. I'm sure he can't probably.
14 MS. WINN: He has called me in the past year,
15 Mr. Taylor and his glrlfr1end, and they have appl1ed at
16 various places. They cannot purchase the property. He
17 wants to, but
18 THE COURT: Do you know h1m?
19 MS. WINN: Yes.
20 THE COURT: Then I guess -- well, maybe then
21 he will cooperate w1th you.
22 MS. WINN: We have a good rapport, but 11ke 1
23 said, you know, 1ft someth1n~ llke th1s anyth1ng can happen.
24 THE COURT: You th1nk he's liv1ng w1th a man
25 now? You don't mean the man was h1s glrlfr1end? You th1nk
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another boy lives there?
MS. MORROW: Another guy does live there.
His girlfriend isn't there anymore.
THE COURT: All right. Then I think what
we'll do is I'll go ahead and draw up some terms and appoint
a Master, and I th1nk hn'll have to offer the property; and
then if e1ther tenant-in-common isn't able to buy it, then
I'll direct that he 11st the property through your agency
and then you can proceed to sell it and have -- other than
when you met him when the property was purchased by he and
Ms. Morrow, have you seen him since?
MS. WINN: Not 1n person, just on the phone.
THE COURT: You just talked to him on the
phone.
BY THE COURT:
Q
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have a steady
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Q
What sh1ft does he work as a cook?
He works all d1fferent shifts. He doesn't
What kind of money does he make?
I'm not quite sure.
Aga1n, you're a beautician?
Urn-hum.
Do you have your own shop or do you work for
someone?
A I work for someone.
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And where is that shop loc~ted?
On Enola Drive in Enola. I think it's South
Q
A
Enola Drive.
Q How far is that from this property?
A Maybe not quite a mile.
THE COURT: Well -- actually you're going
into the hole then. What you get from rent doesn't cover
your mortgage payments.
MS. MORROW: Right.
THE COURT: I mean you're going into the hole
each month, and e~ch tJ.me you make a payment -- that might
be another issue as to whether or not he's entitled to any
credit of any kind from the money since you've been making
the payments. That's someth1ng he's been getting the
benef1t of, 11ving rent free. You pay the mortgage. That's
a pretty good deal.
MS. MORROW: Yes, for h1m.
THE COURT: That's a pretty good deal that he
can llve rent free and just pay the ut111ties.
MR. BACH: I would apprec1ate that if you add
that 1n the order, that the Master should --
THE COURT: I don't want to do that. I think
that will be a matter for you guys to get together w1th the
Master. Well, I'll get an order appo1nt1ng a Master and
with certain terms, and I'll have the Master get 1n touch
15
1 with you so that he can inform you or she to go ahead and
2 get the property listed, and he'll b~ able to sign the
3 listing contract then; but I think technically, first of
4 all, they will have to offer it both these parties, and, of
5 course, your client said she's not interested in buying it.
6 So we'll just contact him, and I'll try to get a
7 Master that does some real estate work so he knows we're not
8 going to for fifty years say, Yes, he wants to buy it but
9 he can't come up w1th the money or can't get f1nancing or
10 anything like that.
11 Do you remember, Jim, when that property was
12 purchased? What year did you and he buy that?
13 MS. MORROW: November of '92.
14 THE COURT: Have you seen -- Ms. Winn, have
15 you seen the property recently?
16 MS. WINN: No.
17 THE COURT: I'm just trying to figure out
18 what price we should llst or what pr1ce we should offer to
19 the parties to buy it. I have no 1dea. I'm not a realtor.
20 I don't know what the fair market value that somebody thinks
21 it would be now, Do you have any idea at all?
22 MR. BACH: Ms. Winn stated to me one price if
23 the property 1s not deteriorated, and we don't bel1eve it
24 has, that the pr1ce I heard was seventy-n1ne nine is what
25 she proposes to llst it at. Is that correct?
16
1 MS. WINN: Right. That's putting it on the
2 market realistically somewhere between seventy-five and
3 seventy-seven for the property. It's a slow year th1s year.
4 That they can get.
5 THE COURT: Is that -- she only paid -- what
6 did they pay for it when they purchased it?
7 MS. WINN: I got them a goad deal when they
8 bought it.
9 THE COURT: Well, 1f I d1reGt the Master to
10 list it for what, $79,000.00?
11 MR. BACH: Approximately seventy-nine nine.
12 Is that right, Ms. Winn?
13 MS. WINN: Yes.
14 THE COURT: That's the pr1ce then he would
15 offer to Mr. Taylor?
16 MR. BACH: R1ght.
17 THE COURT: All right. I don't think -- this
18 1s the first one of these I've done for fifteen years.
19 (Whereupon, the above proceedings concluded.)
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CERTIFICATION
I hereby certify that the proceedings are
contained fully and accurately in the notes taken by me on the
above cause and that this is a correct transcript of the same.
~OU(O (, \. ondUL /"
Laura F. Handle
Official Court Reporter
,l
--------------------------------
The forego1ng record of the proceedings on the
hearing of the within matter is hereby approved and directed to
be filed.
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