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HomeMy WebLinkAbout95-01768 ~ .j ~ ~ r <- ~ , :.''''c , , "'" " ' ,~ ,'J~~ ) . ^,~. J I 'v' ,," ---- J: I .~'\ ' - .,'," " ~" . ,,'. " '. . . !~.' \.': - ., ,; , ':-' , ,,' :..f( ,. ,.{'<: " MARY ELLEN FAILOR, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : v. . CIVIL ACTION - LAW . . . DONALD G. EPPLEY, SR., . . Defendant : NO. 94-5894 CIVIL TERM MARY ELLEN FAILOR, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA , / . v. . CIVIL ACTION - EQUITY . . . DONALD G. EPPLEY, SR., . . Defendant . NO. 95-1768 EQUITY TERM . IN RE: DEFENDANT'S PETITION FOR RELIEF UNDER 23 PA. C.S. ~3306: DEFENDANT'S PETITION FOR SPECIAL RELIEF rFOR VACATION OF PREMISES1: DEFENDANT'S PETITION FOR SPECIAL RELIEF rFOR COSTS AND ATTORNEY'S FEES1: and PLAINTIFF'S REOUEST FOR PRELIMINARY INJUNCTION BEFORE OLER. J. ORDER OF COURT this 1~1~day of June, 1995, upon consideration of AND NOW, Defendant's Petition for Relief under 23 Pa. C.S. 53306, Defendant's Petition for Special Relief [for vacation of premises], Defendant's Petition for Special Relief [for costs and attorney's fees], and Plaintiff's request for a preliminary injunction, following a hearing and for the reasons stated in the accompanying Opinion, it is ORDERED and DECREED as follows: 1. Defendant's request for a determination of the non- existence of a marriage between the parties is GRANTED, and Plaintiff's complaint in divorce at No. 94-5894 Civil Term is DISMISSED; 2. Defendant's request for an order of vacation at No. 94- 5894 Civil Term is GRANTED, and Defendant is given 60 days within JUH 19 ~ 21 PH '95 ",;'fIC", I)f ; :". " <'iOk ..\~, t;;Jli::tni..:,!'J f.r ~~''r 11ft. '1 S !,',> ~1 :. " ') which to withdraw from the premises at 135 South West Street, Carlisle, Cumberland County, Pennsylvania; 3. Defendant's request for costs and counsel fees at No. 94- , , I, !, I I; f 5894 Civil Term is DENIED; and 4. Plaintiff's request for a preliminary injunction at No. 95-1768 Equity Term is DENIED. BY THE COURT, J Samuel W. Milkes, Esq. Attorney for Plaintiff Bradley L. Griffie, Esq. Attorney for Defendant :rc MARY ELLEN FAILOR, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 95-1768 EQUITY TERM . . . DONALD G. EPPLEY, SR., . CIVIL ACTION - EQUITY . Defendant . . lUfSWJlR TO COMPLA:INT J'OR DECLARATORY JUDGMENT AND :INJUNCT:IVB REL:IEI'. :INCLUD:ING PRBL:IM:INARY :INJUNCT:IVB REL:IEI'. ESTl\BL:ISRNG TBB :INTEREST OJ' MARY ELLEN I'A:ILOR :IN VAR:IOOS REAL AND PERSONAL PROPERTY. AND J'OR PROTECT:ION AGA:INST THB D:ISPOS:IT:ION OJ' SA:ID PROPERTY W:ITHOOT CONSENT OJ' PLA:INT:IPP 1. Admitted. 2. Admitted in part and denied in part. It is admitted that at times, Donald G. Eppley, Sr. resides at 59 Beaqle Club Road in Carlisle, CUmberland county, Pennsylvania. It is denied that this is his only address. It is further averred that the Defendant's home, which he owns in his name alone, is at 135 South West street, Carlisle, cumberland County, Pennsylvania, but he is unable to reside in that home due to the failure and refusal of the Plaintiff, Mary Ellen Failor, to vacate that residence. It is further averred that this has necessitated the Defendant residinq not only at the address indicated, but at several other addresses over the past months. 3. Denied. 4. Denied. It is denied that the plaintiffs held themselves out to the community as husband and wife for eleven years beqinninq in 1983 and continuinq until September 1994. 5. Admitted. 6. Denied. It is denied that the parties own real and personal property subject to equitable distribution between them as marital property. It is further denied that the parties are married, as has been determined by the Court of Common Pleas of Cumberland County by its decision in the companion action docketed to NO. 94-5894 and the decision of the Honorable J. Wesley Oler, Jr. dated June 19, 1995. 7. Admi tted in part and denied in part. It is admitted that the Plaintiff makes the request stated in her paragraph 7. It is denied that there is any basis in law or fact for her claim. More particularly: (a) The real estate located at 135 South West Street, Carlisle, cumberland County, Pennsylvania has been in the name of the Defendant alone and was property owned prior to the parties even initiating any type of dating relationship. It is further averred that this property is solely the Defendant's property and the plaintiff has no legal or equitable claim to this property. (b) It is denied that the Plaintiff has any legal or equitable interest in the property located at 62 or 65 West Chapel Avenue, Carlisle, CUmberland County, Pennsylvania. It is admitted that the Deed to that property is in the Defendant's name alone. It is further averred that the Defendant alone purchased that property with individual funds. (c) It is denied that the Plaintiff has any legal or equitable interest in real estate located on West Chapel Avenue, Carlisle, cumberland County, Pennsylvania, constitutinq qaraqes. It is admitted that the Defendant is the owner of these properties in his name alone. It is further averred that the Defendant alone purchased these properties with his individual assets. (d) It is denied that the plaintiff has any interest in any of the items listed in her paragraph 7(d). It is denied that the parties ever considered these items to be purchased for their retirement. It is further averred that many of these items claimed by the Plaintiff were items purchased by the Defendant even before he and the Plaintiff began dating. (e) It is denied that the plaintiff has any legal or equitable interest in the Defendant's 1991 Chevrolet S-10 pickup truck, which is, in fact, titled in Defendant's name alone. It is further averred that this vehicle was purchased by the Defendant from his individual funds. (f) It is denied that the plaintiff has any legal or equitable interest in any items of antique furniture that is in the residence at 135 South West street, Carlisle, CUmberland County, Pennsylvania. (g) It is denied that the Plaintiff has any legal or equitable interest in any of the personal property at the residence of 135 South west Street, Carlisle, CUmberland county, Pennsylvania, with the exception of some minor items that the Plaintiff had in her possession prior to the parties beginning to cohabitate. (h) It is denied that the Plaintiff has any legal or equitable interest in the grave sites at Cumberland Valley Memorial Gardens which were purchased and owned by the Defendant prior to the parties even beginning to date. s. Admitted. 9. Admitted in part and denied in part. It is admitted that the parties generally shared expenses relative to their cOhabitation. It is denied, however, that there was any agreement, understanding or expectation that the parties would benefit from any "investments" or any "payments" during the time they cohabitated. It is averred rather that the plaintiff and Defendant had a very strict understanding of how they would each accept responsibility for certain household debts and that each party would always retain sole and exclusive ownership, possession and control of their individual real and personal property. 10. Admitted in part and denied in part. It is admitted that the plaintiff did contribute to the usual household expenses of the residence at 135 South West Street, Carlisle, cumberland county, Pennsylvania and this did include the payment of some of the items indicated by the Plaintiff. It is denied that the Plaintiff had sole responsibility for the items listed. It is further denied that the Plaintiff paid all of the expenses for the items listed in her paragraph 10. 11. Admitted. 12. Admitted. 13. Admitted in part and denied in part. It is admitted that there were various renovations, remodeling and repairs made on the property at 135 South West Street, Carlisle, Culllberland county, Pennsylvania. It is denied that all of the remodeling claimed by the Plaintiff in paragraph 13, in fact, occurred. It is admitted that the Plaintiff made some financial contribution toward some limited improvements, remodeling or repairs. It is denied that the plaintiff contributed any substantial amount of expense or loss of personal time to these efforts. 14. Denied as stated. While it is admitted that improvements were made on the properties at Chapel Avenue while the parties resided together, it is denied that "they", meaning the parties jointly, made such improvements. Rather, the Defendant made the improvements outlined in paragraph 14. 15. Denied. It is denied that the Defendant made any payment toward any items that the parties considered to be retirement investments for the parties. It is denied that the parties ever discussed or agreed upon any type of joint retirement investments as claimed by the Plaintiff in paragraph 15. 16. Paragraph 16 is a conclusion of law which does not require a specific response. It is, however, specifically denied that the parties have a contract enforceable or unenforceable relative to their cohabitation. 17. Denied. It is denied that the aotion of the parties residing together and in some fashion sharing expenses associated with their cohabitation in any way specifically benefited the Defendant. It is denied that the Plaintiff has suffered any financial damage whatsoever from her cohabitation with the Defendant. It is denied that the Defendant secured any financial betterment or improvement of any nature beyond what he would have accrued had he not been oohabitating with the Plaintiff. It is further averred that the Plaintiff substantially benefited by having a home where she could reside without any rental expense of any nature whatsoever. It 1s further averred that the Plaintiff has benefited greatly from the fact that the Defendant has provided her with transportation to and from work on a routine basis for more than eleven years, that the Defendant has provided various common benefits to the Plaintiff such as providing her with vacations and routine related dating expenses and Plaintiff has otherwise benefited from the parties' cohabitation, financially and otherwise. 18. Admitted. 19. Admitted. It is admitted that there was a Stipulation between the parties. It is averred, however that the Court's Order of June 19, 1995 requiring the Plaintiff to vacate the residence at IJ5 south West Street within 60 days over-rides the parties' prior stipulation. 20. Admitted. cERTryrCATE OY SERVrCE I, Bradley L. Griffie, hereby certify that I did, the 6th day of July, 1995, cause a true and correct copy of the Answer to complaint for Declaratory Judgment and Injunctive Relief, including preliminary Injunctive Relief, establishing the interest of Mary Ellen Failor in various real and personal property, and for protection against the disposition of said property without consent of Plaintiff, to be served upon the Plaintiff by regular, first-class mail, postage prepaid, to the following address: Samuel W. Milkes, Esquire 52 East High Street Carlisle, PA 17013 DATE: ? It.. /9 '<" I f f e, ESqu re ASSOCIATES Hanover street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 OJ') en - :0- .r >- .,.... t. .~ ~ 1:\ ~.~~ z~ ....~:)...i ,~_.:r .,:) ,_" ) ''OJ::; -.:~ ,'M'-" '~; \~; !,' ..tr:.. :~ ~Q if: lJ'> ..... N <..c .... ~ ..; riI ..:I p., Z o ~ ~~ OZ U::J o rs.u o c E-oZ..; I>:.cH ::J..:IZ 01>:04; U~> ~..:I riI:e:>< ::r:::JCIl E-oUZ Z Zrs.~ "'On. ..... ~..... 1>:'" 0.j.J ..:II:: ...'..4 ";11l rs.... n. Z ~ ..:I ..:I 101 :>< ~ . III > ~ . I>: CIl.j.J I:: ~11l :><'0 ~ I:: ..:lev n...... p.,ev ~C l:J ti ~ ~ U~U1S o I ffi ~ ~~j~ c(J ~ :r ;l W g1i' ~ ii: < 0 () I&. Z - 8 l!j N t ... ..; ..:I p., :e o U ~ . Cl C ..:I .c Z o c I>: 101 3: CIl ~ ti ii ... ~ ~ < " III Q, g ~ ..; ... . It ... ~ ~ 5 :r II! III lr ... o ID Z >: ~ ~ o . MARY ELLEN FAILOR, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1768 EQUITY TERM CIVIL ACTION - EQUITY DONALD G. EPPLEY, SR., Defendant PRAECIPE TO THE PROTHONOTARY: COMES NOW, the plaintiff in the above-referenced action, Mary Ellen Failor, by her attorney, Samuel W. Milkes, JACOBSEN & MILKES, and hereby Praecipes to discontinue the above-referenced action. Respectfully sUbmitted, i\07S ~~ JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 30130 MARY ELLEN FAILOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 94-5894 CIVIL TERM . . v. DONALD G. EPPLEY, SR., Defendant CIVIL ACTION - LAW I IN DIVORCE - - - - - - - - - - - - - - - - - - - MARY ELLEN FAILOR, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE7YLVANIA 95-1768 EQUITY TERM v. . . DONALD G. EPPLEY, SR., Defendant I I CIVIL ACTION - EQUITY VOLUME II TRANSCRIPT OF PROCEEDINGS Proceedings held before the Honorable I , i I I t J t' I , I , i J. WESLEY OLER, JR., J, Cumberland County Courthouse, Carlisle, Pennsylvania, in Courtroom No. 3 on May 10, 1995 APPEARANCES I SAMUEL W. MILKES, Esquire Counsel for Plaintiff BRADLEY L. GRIFFIEtr.Esquire Counsel for Defendant' MARY ELLEN FAILOR, Plaintiff v. IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I 95-1768 EQUITY TERM I I I CIVIL ACTION - EQUITY DONALD G. EPPLEY, SR., Defendant IN REI NOTES OF TESTIMONY TO BE FILED ORDER OF COURT AND NOW, this 10th day of May, 1995, pursuant to an agreement of counsel, it is ORDERED and DIRECTED that a copy of the notes of testimony from the hearing held on February 10, 1995, at No. 94-5894 civil Term shall be accepted by the Prothonotary for filing as part of the record in the above-captioned matter. Counsel for the Plaintiff is requested to see that this filing is accomplished. By the Court, Samuel W. Milkes, Esquire Counsel for Plaintiff ~ ~ 5/ls/9S. ,,1,.(' . Bradley lJi:. Griffie, Esquire Counsel ~or Defendant = --: Islr M lr' <", - -~ MARY ELLEN FAILOR, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. !l. 1{ "1 '" '951 94-5894 CIVIL TERM ,,:.f j,. i I )., .1,1 I DONALD G. EPPLEY, SR., I Defendant I CIVIL ACTION - LAW v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 95-1768 EQUITY TERM r I I, I I , n MARY ELLEN FAILOR, Plaintiff DONALD G. EPPLEY, SR., Defendant CIVIL ACTION - EQUITY ./ IN REI BRIEFS TO BE FILED ORDER OF COURT AND NOW, this 10th day of May, 1995, upon consideration of the Defendant's Petition for Special Relief and Defendant's Petition for Relief under 23 Pa. C.S. 3306, both filed October 20, 1994, at No. 94-5894 civil Term, and the Plaintiff's request for a preliminary injunction at No. 95-1768 Equity Term, and following a hearing, the record is declared closed, and the stenographer is directed, at the Defendant's request and expense, to prepare a transcript of the notes of testimony of the hearing conducted on this date, May 10, 1995, and counsel are directed to submit briefs on the issues involved in these matters within ten days of the filing of the said transcript. It is noted that, by agreement of counsel, any deadline for the Court's decision is waived. By the Court, Samuel W. Milkes, Esquire Counsel for Plaintiff Bradley L. Griffie, Esquire Counsel for Defendant ~.;.... ~ Ells J'I,!" oJ ,(j>, J Islr MARY ELLEN FAILOR, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . CIVIL ACTION - EQUITY . . . DONALD G. EPPLEY, SR., . . Defendant . NO. 95-1768 EQUITY TERM . ORDER OF COURT AND NOW, this lot~day of April, 1995, upon consideration of Plaintiff's "Motion for Preliminary and Permanent Injunctive Relief Pursuant to Complaint," a hearing on the request for preliminary injunctive relief is SCHEDULED for Wednesday, May 10, 1995, at 9:00 a.m., in Courtroom No.5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ~ k/ 0/:,1 Wesley Oler, J.., J. . Samuel W. Milkes, Esq. 52 E. High~Street Carlisle,:~PA 17013 Attorney for Plaintiff Bradley L. Griffie, Esq. 200 North Hanover Street Carlisle, Pa 17013 Attorney for Defendant 7(t-~;r'-l-'''- ,ft.-La-,.., flJ' /( L~l( e L. /l1'-.A I ~(e!- ~-/O-fJ- :rc MARY ELLEN FAILOR PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DONALD G. EPPLEY, SR. DEFENDANT NO. 95. \7b q ~7v4-y"\e ( '" : CIVIL ACTION. EQUITY ORDER OF COURT IN RE: PLAINTIFF'S REQUEST FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF AND NOW, this day of , 1995, upon presentation and consideration of Plaintiffs Complaint and request for Preliminary and Injunctive Relief, a rule is issued upon the Defendant to show eause why the relief requested should not be granted. This Rule is returnable at a hearing to take place on May 10, 1995, at 9:00 a,m., Courtroom No, 5, Cumberland County Courthouse, Carlisle, Pennsylvania. By The Court, J, v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95. \7t16 ~'7 ~ e (II\. CML ACI'ION . EQUITY MARY ELLEN FAILOR PLAINTIFF DONALD G. EPPLEY, SR. DEFENDANT MOTION FOR PRELIMINARY AND PERMANENT INJUNCI'IVE RELIEF PURSUANT TO COMPLAINT COMES NOW, the Plaintiff in the above action, by her attorney. Samuel W. Milkes, Jacobsen & Milkes, and requests of the Honorable Court that it issue a Rule upon the Defendant to show cause why the preliminary and permanent injunctive relief requested in the Complaint filed in this matter should not be granted, Plaintiff attaehes hereto and incorporates the allegations of her Complaint. Plaintiff requests that for purposes of judicial economy, this matter be scheduled at the same time as the continuation of a hearing on a divorce matter between the parties, May 10, 1995. in the case of Failor v. Eppley, docketed at No, 94.5894, The factual matters in dispute between the parties would overlap signifieantly between the instant action and those in the Divorce action, Respeetfully submitted, AfI7(9S~/ BY: Samuel W. Milkes, Esq, JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249.6427 Attorney No, 30130 .' " . ,".. ....., :.: . ,'~'. . " DONALD G. EPPLEY, SR. DEFENDANT : IN THE COURT OF COMMON PLEAS OF :CUMBE~COUNTY,PENN~V~ . . : NO. 95- 17(,1 ~ 1""- CML ACTION - EQUITY ~ ~ ~; MARY ELLEN FAILOR PLAINTIFF V. " . -; NOTICE TO DEFEND - . : . . en You have been sued in court. If you wish to defend against the c!~:-~et tbrth in . :::.- . .. :&: the following pages, you must take aetion within twenty (20) days after this COmpJMlt and ..." Notiee are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objeetions to the elaims 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 tbe 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOTHA VE ALA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY OFFICE OF COURT ADMINISTRATOR FOURTII FLOOR CUMBERLAND COUNTY COURTIIOUSE CARLISLE, PENNSYLVANIA TELEPHONE: 717-240-6200 : MARY ELLEN FAILOR PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERlAND COUNTY, PENNSYLVANIA NO. 95. /7(,2 ~ -r.u.-.' CML AcrION . EQUITY ~ r t ~\ I: ,i I ; DONALD G. EPPLEY, SR. DEFENDANT .. COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCfIVE RELIEF. J~CLUDING PRELIMINARY INJUNCfIVE RELIEF. ESTABLISHING THE INTEREST OF MARY ELLEN FAILOR IN VARIOUS REAL AND PERSONAL PROPERTY. AND FOR PROTEcrION AGAINST THE DISPOSITION OF SAID PROPERTY WlTHOUT CONSENT OF PLAINTIFF COMES NOW, the Plaintiff in the above action, by her attorney, Samuel W. Milkes, Jacobsen & Milkes, and requests of this Honorable Court that it 1) deelare and establish the ownership interest of the Plaintiff in eertain items of real and personal property owned by the parties, currently deeded or titled in either of their names; 2) enjoin the Defendant from disposing of said property pending this litigation and thereafter, without the eonsent of Plaintiff; and 3) distribute said property if the parties are unable to agree upon a distribution. The Plaintiff also requests of the Court that it issue a Rule upon the Defendant, as to why his disposition of property, and displacement of Plaintiff should not be enjoined pending the resolution of this litigation. In support of this request, Plaintiff alleges as follows: 1. Plaintiff is Mary Ellen Failor, who currently resides at 13S S. West Street, Carlisle, Cumberland County, Pennsylvania, and has since 1983, 2. Defendant is Donald G, Eppley, Sr., who currently resides at S9 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania. . ')\~iS,-'.. , " '.;{,K.~'" ':'I~I~~'.' .'..": ,~:.;'~J:~l ':~.''',~' .' t''''~;-~-:.i' ! 13. During the 'time the parties resided together, they made improvements on the real property at South West Street, such as complete remodeling of the kitchen, new kitchen flooring and ceiling, installation of closed.in back porch, remodeling of two bedrooms, and new windows. Plaintiff contributed finaneially to many of these expenses and contrIbuted her personal time and effort to these improvements. 14. During the time the parties resided together, they made improvements on the real property on Chapel Avenue, such as new roofing, spouting, floors, painting, and replacement of windows. 15. During the period of time the parties resided together, the Defendant agreed to and generally did pay for various items considered to be retirement investments for the parties, as described above. 16. The parties agreement, to share various expenses and to eaeh pay on certain items of real and personal property constitutes a contract between them, with consideration of the mutual benefits each received under the contract, such as food, clothing, shelter, investment property, retirement, and other sueh economic benefits. 17. Even were the Court to determine that no such contract exists between the parties, and were it to determine, in the separate pending action, ~at the parties are not considered married, the Defendant has benefitted, and the Plaintiff has suffered financial damage from the above descnbed arrangement, based upon the Plaintiff's detrimental reliance upon the existenee of such an agreement and contract. Accordingly, the benefits received by Defendant from such arrangement should be accounted for to the Plaintiff. 18. Through his attorney, the Defendant has notified Plaintiff that she is to .. i' .' vacate the residence located at 135 South West Street, Carlisle, Cumberland County, Pennsylvania. 19. By stipulation of the parties in the Divorce action. whieh has been entered as an Order of Court, the Defendant has agreed to refrain from displaeing Plaintiff from her residence until further Order of Court. 20. In the Divoree action, the Defendant has now requested that the Court lift the present Order descn'bed in 'IIl9, and thereby permit the Defenda~t to remove Plaintiff from her residenee. This matter is to be considered by the Court on May 10, 1995, 21. Without relief of this Court, should the Court determine the parties not to be married, Plaintiff will suffer the irreparable harm of loss of her residence and loss of her interests in various real and personal property described above. 22. Plaintiff has no other residence, other than the one in which she currently resides. WHEREFORE, the Plaintiff requests this Court to: a. Assume jurisdiction over this matter; b. determine and deelare that Plaintiff has a legal and equitable interest in the real and personal property descn'bed in this Complaint; c. Preliminarily and Permanently Enjoin the Defendant from attempting to or in fact evicting or otherwise removing the Plaintiff from the home located at 135 South West Street, Carlisle, Pennsylvania; d. Preliminarily and Permanently Enjoin the Defendant from MARY ELLEN FAILOR PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95. 17(,9 ~ T~ CIVIL ACTION. EQUITY V. DONALD G. EPPLEY, SR. DEFENDANT COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF. INCLUDING PRELIMINARY INJUNCTIVE RELIEF. ESTABLISHING THE INTEREST OF MARY ELLEN FAILOR IN VARIOUS REAL AND PERSONAL PROPERTY. AND FOR PROTECTION AGAINST THE DISPOSITION OF SAID PROPERTY WITHOUT CONSENT OF PLAINTIFF COMES NOW, the Plaintiff in the above aetion, by her attorney, Samuel W, Milkes, Jacobsen & Milkes, and requests of this Honorable Court that it 1) deelare and establish the ownership interest of the Plaintiff in certain items of real and personal property owned by the parties, eurrently deeded or titled in either of their names; 2) enjoin the Defendant from disposing of said property pending this litigation and thereafter, without the eonsent of Plaintiff; and 3) distribute said property if the parties are unable to agree upon a distribution, The Plaintiff also requests of the Court that it issue a Rule upon the Defendant, as to why his disposition of property, and displacement of Plaintiff should not be enjoined pending the resolution of this litigation, In support of this request, Plaintiff alleges as follows: 1. Plaintiff is Mary Ellen Failor, who currently resides at 135 S, West Street, Carlisle, Cumberland County, Pennsylvania, and has since 1983, 2, Defendant is Donald G, Eppley, Sr" who currently resides at 59 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania, 3, The Plaintiff and Defendant are married. 4. The Plaintiff and Defendant lived together, having held themselves out to the community to be husband and wife for eleven years, beginning in 1983 and continuing until September 1994. 5, An aetion for Divorce is eurrently pending at docket No, 94-5894. In this action, the Defendant has contested whether the parties are married. A hearing was held on this issue before the Honorable J, Wesley OIer and a continuation of the hearing, expected to be a conelusion of the hearing, is scheduled for May 10, 1995, 6, The parties are the owners of real and personal property subject to equitable distribution between them as marital property, unless the parties are determined not to be married, 7. The Plaintiff requests this Court to establish that Plaintiff has an equitable and contractual interest in the following property, even if it is determined that the parties are not eonsidered married: a, Real estate located at 135 South West Street, Carlisle, Cumberland County, Pennsylvania, eurrently deeded in Defendant's name only, b, Real estate (a residence) believed to be located at 62 or 65 West Chapel Avenue, Carlisle, Cumberland County, Pennsylvania, currently deeded in Defendant's name only. e, Real estate located at West Chapel Ave, Carlisle, Cumberland County, Pennsylvania, eonstituting garages, eurrently deeded to Defendant's name only. d. Coins and sports memorabilia, including sports eards, model race ears, collectable stamps and other investments which the parties considered to be purehased for their retirement. e, 1991 Chevrolet SolO Pickup truck, believed to be titled in Defendant's name only, f, Various items of antique furniture, g. Other personal property, including various household furnishings. h, Gravesites at Cumberland Valley Memorial Gardens. 8, The real estate listed in 117 (b) and (c) has been deeded to Defendant and acquired since the parties began to reside together, 9. During the period of time the parties resided together, they generally shared expenses, with the agreement, understanding, and expeetation that each would benefit from the investments and payments made during the time they were together, as would a husband and wife, 10. During the period of time the parties resided together, the Plaintiff agreed to and generally did pay the usual household expenses of their residence, including but not limited to the following: utilities, subscriptions. gifts to family members, some of the automobile repairs, household furnishings (e,g" towels, eurtains, etc,), and various types of insurance. 11. During the period of time the parties resided together, the Defendant agreed to and generally did pay the mortgage and insuranee expenses on their personal residenee and on the other real property described above, and insurance on the pick-up truck, 12, The debt on the real property has been eliminated or nearly eliminated by payments continuing during the time the parties resided together, 13. During the time the parties resided together, they made improvements on the real property at South West Street, sueh as complete remodeling of the kitchen, new kitchen flooring and ceiling, installation of elosed.in baek porch, remodeling of two bedrooms, and new windows, Plaintiff eontributed finaneially to many of these expenses and eontributed her personal time and effort to these improvements. 14. During the time the parties resided together, they made improvements on the real property on Chapel Avenue, such as new roofing, spouting, floors, painting, and replacement of windows, 15. During the period of time the parties resided together, the Defendant agreed to and generally did pay for various items considered to be retirement investments for the parties. as described above, 16. The parties agreement, to share various expenses and to each pay on certain items of real and personal property constitutes a eon tract between them, with consideration of the mutual benefits each received under the eon tract, sueh as food, clothing, shelter, investment property, retirement, and other such eeonomic benefits, 17. Even were the Court to determine that no such contract exists between the parties, and were it to determine, in the separate pending action, that the parties are not considered married. the Defendant has benefitted, and the Plaintiff has suffered finaneial damage from the above described arrangement, based upon the Plaintiff's detrimental reliance upon the existence of such an agreement and eontract. Accordingly, the benefits reeeived by Defendant from sueh arrangement should be aceounted for to the Plaintiff, 18, Through his attorney, the Defendant has notified Plaintiff that she is to vacate the residence located at 135 South West Street, Carlisle, Cumberland County, Pennsylvania. 19, By stipulation of the parties in the Divorce action, which has been entered as an Order of Court, the Defendant has agreed to refrain from displaeing Plaintiff from her residence until further Order of Court, 20. In the Divorce aetion, the Defendant has now requested that the Court lift the present Order described in 1119, and thereby permit the Defendant to remove Plaintiff from her residence, This matter is to be considered by the Court on May 10, 1995. 21. Without relief of this Court, should the Court determine the parties not to be married, Plaintiff will suffer the irreparable harm of loss of her residenee and loss of her interests in various real and personal property described above, 22, Plaintiff has no other residenee, other than the one in whieh she currently resides, WHEREFORE, the Plaintiff requests this Court to: a. Assume jurisdietion over this matter; b. determine and declare that Plaintiff has a legal and equitable interest in the real and personal property described in this Complaint; c. Preliminarily and Permanently Enjoin the Defendant from attempting to or in fact evicting or otherwise removing the Plaintiff from the home located at 135 South West Street, Carlisle, Pennsylvania; d. Preliminarily and Permanently Enjoin the Defendant from disposing of any of the real or personal property described in this Complaint until such time as the parties reach an agreement as to its disposition or the Court determines a proper disposition; e. Schedule a separate hearing to determine the actual interests of the parties in the personal and real property which is the subject of this Complaint and thereafter, direct the proper distribution of said property; and f. Grant such further relief as it shaH deem proper and just. Respectfully submitted, At (I/?S &'~ JACOBSEN & MILKES 52 E, High Street Carlisle, PA 17013 (717) 249-6427 Attorney No, 33130 ~~ J. ~ 0 3 0 "R.~ a. :; :r " ~ ~ ~ 11 11 -..; j ~ o 1.-; ;,- tI ~ .. f ~ ~ - >.:>- ..)rf~! f;, t-; ,: '~~; .~~~: ~: :~ :t: ""'" ~ .... CO r-_ , '" ~- i. l;..j..,.; ,~ ..:' :,' II} ;..:.:1 " :~ C;;;,-, :e """ S!JCHIFF',:; hETUhtl 1_ (I~:[ tal: l'J~.I:J (1!~,'(-,t\ I' lOMMONWEALTH OF PENNSYLVANIA: rUUNTY OF CUMBERLAND FAILOR MARY ELLEN VS. EPPLEY DONALD G SR R. Thomas Kline . Sheriff, who being duly sworn according to law, says, that he made diligo;:>nt sp.arch and inqu:Lry for the with:Ln named def~ndant. to wit: EPPLEY DON~LD G SR but was unable to locate H:Lm in his bail:Lwick. He therefore returns the COMPLAINT - EQUITY EPPLEY DONALD G SR NOT FOUND , as to the with:Ln named defendant, Sheriff's Costs: Docket:Lng Service Affidavit Su rcharg'~ 18,00 2.80 ,00 2,00 So answers: ~/. : ?',~<'--: ~"'_' ,r c ._~ F.I/ Thomas Kl~ne. Sheriff $22,80 SAMUEL MILKES 05/12/1995 Sworn and subscribed to before me t.h:LS 01.3,"",- day of ~ 19 9'; A,D. L\~LL_ ~. nLc.i~ ~r.;' 0; I - rot.hoiioYary'- ... . V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 94.5894 CIVIL TERM MARY ELLEN FAILOR, PLAINTIFF DONALD G. EPPLEY, SR., DEFENDANT CIVIL ACl10N . LAW IN DIVORCE ORDER OFJiURT 'i~""s. -,""D:> ~\:::< f\ \, \0f1S,. AND NOWl1upon request of the P'fainti ,i is hereby dIrected that the hearing held in this matter on February 10, 1995 be transcribed, Plaintiff is to bear the costs of transcription, with Defendant to pay the costs of his own copy, if he wishes one. Plainti(f will post an appropriate deposit for this transcrip~ if required. ~O'\\..\~ ~e~l" 'LSo ~~~~~ \b .)uc::.("f\.~(? \\--c.1 ~ -rfOlI'c;.c:s<.~ \J..-l\~ ~ C(!=::lI~<!'~~ 'v:::J./ ~o. y (O,\QYJ:"" By the Court, t "--.1 "":\ ~~e.lt Qr:( I J. TRUE COpy FROM RECORD ';, TestImony wheroof, I here untu set my hand . till.! sea! oi said Ccurl a! C3rllsle. Po, .,It:;~-\"\ day ()~~e:.~~, 19<J'~ \ ,,'" .}'('I\~.l4:inc(n 8~ ProthonOl8ry MARY ELLEN FAILOR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY v. DONALD G. EPPLEY, SR., Defendant NO. 95-1768 EQUITY TERM ORDER OF COURT AND NOW, this lot~day of April, 1995, upon consideration of Plaintiff's "Motion for Preliminary and Permanent Injunctive Relief Pursuant to Complaint," a hearing on the request for preliminary injunctive relief is SCHEDULED for Wednesday, May 10, 1995, at 9:00 a.m., in Courtroom No.5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, /11 /} /1 1/V4 k' 01:,/ Wesley Oler, J.., J. /samuel w. Milkes, Esq. v'~2 E. High Street Carlisle, PA 17013 Attorney for Plaintiff Bradley L. Griffie, Esq. 200 North Hanover Street Carlisle, Pa 17013 Attorney for Defendant :rc V. : NO. 95- \"ro'2S G.<;Jt-y"\ ('"If-" CML AcrION - EQUI'IY MARY ELLEN FAILOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUN'IY, PENNSYLVANIA DONALD G. EPPLEY, SR. DEFENDANT MOTION FOR PRELIMINARY AND PERMANENT INJUNCfIVE RELIEF PURSUANT TO COMPLAINT COMES NOW, the Plaintiff in the above action, by her attorney, Samuel W. Milkes, Jacobsen & Milkes, and requests of the Honorable Court that it issue a Rule upon the Defendant to show cause why the preliminary and permanent injunetive relief requested in the Complaint filed in this matter should not be granted. Plaintiff attaehes hereto and incorporates the allegations of her Complaint, Plaintiff requests that for purposes of judicial economy, this matter be scheduled at the same time as the eontinuation of a hearing on a divorce matter between the parties. May 10, 1995, in the case of Failor v, Eppley, docketed at No, 94-5894. The factual matters in dispute between the parties would overlap significantly between the instant action and those in the Divorce action, Respeetfully submitted, ry/7(ccs .~ BY: Samuel W. Milkes, Esq, JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 30130 , ....-:........ , ; jJ/~~~\;::..:~ . ';, .1'.'. ~,~l/..II~1t~.., ,;;,.,:-,;,,::...:,'.' ."; " . . ~ - , MARY ELLEN FAILOR PLAINTIFF V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95. /n; ~ r""",,",, . CML AcrION . EQUITY DONALD G. EPPLEY, SR. DEFENDANT COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF. INCLUDING PRELIMINARY INJUNcrIVE RELIEF. ESTABLISHING THE INTEREST OF MARY ELLEN FAILOR IN VARIOUS REAL AND PERSONAL PROPERTY. AND FOR PROTECfION AGAINST THE DISPOSITION OF SAID PROPERTY WITHOUT CONSENT OF PLAINTIFF COMES NOW, the Plaintiff in tbe above action, by her attorney, Samuel W. Millces, Jacobsen & Milkes, and requests of this Honorable Court that it 1) deelare and establish the ownership interest of the Plaintiff in certain items of real and personal property owned by the parties, currently deeded or titled in eitber of their names; 2) enjoin the Defendant from disposing of said property pending this litigation and thereafter, without the eonsent of Plaintiff; and 3) distribute said property if the parties are unable to agree upon a distribution. The Plaintiff also requests of the Court that it issue a Rule upon the Defendant, as to why his disposition of property, and displaeement of Plaintiff should not be enjoined pending the resolution of this litigation. In support of this request, Plaintiff alleges as follows: 1. Plaintiff is Mary Ellen Failor, who currently resides at 135 S. West Street, Carlisle, Cumberlaad County, Pennsylvania, and has since 1983. 2. Defendant is Donald G. Eppley, Sr" who currently resides at 59 Beagle Club Road, Carlisle, Cumberland County, Pennsylvania. " . 't':..; i..~'..~~;:; , f)D~;j;';, ~,~.:i 'r!" ~ '; " ... \.... , ';"1.. . ".,.~~l" ; . 13. During the time the parties resided together, they made improvements on the real property at South West Street, sueh as complete remodeling of the kitchen, new kitchen flooring and ceiling, installation of elosed.in back porch, remodeling of two bedrooms, and new windows. Plaintiff contributed financially to many of these expenses and contributed her personal time and effort to these improvements. 14, During the time the parties resided together, they made improvements on the real property on Chapel Avenue, such as new roofing, spouting, floors, painting, and replacement of windows. 15. During the period of time the parties resided together, the Defendant agreed to and generally did pay for various items eonsidered to be retirement investments for the parties. as described above. 16, The parties agreement, to share various expenses and to eaeh pay on certain items of real and personal property constitutes a contraet between them. with consideration of the mutual benefits eaeh received under the contract, sueh as food, clothing, shelter, investment property, retirement, and other such economic benefits. 17. Even were the Court to determine that no such contract exists between the parties, and were it to determine, in the separate pending action, that the parties are not considered married, the Defendant has benefitted, and the Plaintiff has suffered financial damage from the above described arrangement, based upon the Plaintiff's detrimental reliance upon the existence of such an agreement and contract. Aceordingly, the benefits received by Defendant from such arrangement should be accounted for to the Plaintiff. 18, Through his attorney, the Defendant has notified Plaintiff that she is to ., , ;1 " , , I ,:. ::,:',/:~';~.;.;i:~, I' -I,.....,.".....I'I'~~'.J. i i ..~[...>.::'tir;.:; , ,.....It 'I;'~: : i . ...~..:~ ,...~:.~.:~~'~....;: .' disposing of any of the real or personal property descnbed in this Complaint until such time as the parties reach an agreement as to its disposition or the Court determines a proper disposition; e. Schedule a separate hearing to determine the actual interests of the parties in the personal and real property which is the subject of this Complaint and thereafter, direct the proper distnbution of said property; and f. Grant such further relief as it shall deem proper and just. Respectfully submitted, ~ (/('15 ~~ JACOBSEN & MILKES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney No. 33130 . , ,I .. , . ,"~:f,'.ri"~.. ,;, i, "l.ll~:':~E:~ , -, ,;~'Iji'~. ;;..lj' . , r.... .~.<t.., ~tJ.<<t.~. . ' '., .',f"'l~i, "'lit'''j' ".....,.1..,1".'." , : '! '; ;-.:":'i'i.l;.i!!5' ~W:l: .. ,', ';" .:.::.I'.....tl~ ~...dl.: , ,f ..... "'.,_~~ , I .' ~':'l!." 1 #/ '.1" I . . "'. ',,::.:,'..' '. , . , ' , , I , 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. 04904, relating to unsworn falsification to authorities. t.1fl{<1S' ~ I I, , i , DONALD G. EPPLEY, SR. DEFENDANT : IN THE COURT OF COMMON PLEAS OF :CUMrnERLANDCOUNTY,PENNSYLV~ . ; NO. 95. /7& i {1M lb- . . : CML ACTION. EQUITY MARY ELLEN FAILOR PLAINTIFF V. 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 aetion 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 elaims set forth against you. You are warned that if you fail to do so the ease may proceed without you and a judgment may be entered against you by the Court without further notiee 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 OFFICE OF COURT ADMINISTRATOR FOURTH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA TELEPHONE: 717-240.6200 TRUE COpy FROM RECORD In Tes!lm(\llY wh6raof, I hero unlo sel my hand and tho ~l 01 said Court at Carlisle, Pa, This 7 - 9t day of 0;::, .' 19 f<' L'- a. ",,.:. A <:{j . Prothonotary MARY ELLEN FAILOR PLAINTIFF IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- ) n1 tM T.u-. CIVIL ACfION . EQUITY V. DONALD G. EPPLEY, SR. DEFENDANT COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCfIVE RELIEF. INCLUDING PRELIMINARY INJUNcrlVE RELIEF. ESTABLISHING THE INTEREST OF MARY ELLEN FAILOR IN VARIOUS REAL AND PERSONAL PROPERTY. AND FOR PROTECfION AGAINST THE DISPOSITION OF SAID PROPERTY WITHOUT CONSENT OF PLAINTIFF COMES NOW, the Plaintiff in the above aetion, by her attorney, Samuel W, Milkes, Jaeobsen & Milkes, and requests of this Honorable Court that it 1) declare and establish the ownership interest of the Plaintiff in eertain items of real and personal property owned by the parties. currently deeded or titled in either of their names; 2) enjoin the Defendant from disposing of said property pending this litigation and thereafter, without the consent of Plaintiff; and 3) distribute said property if the parties are unable to agree upon a distribution. The Plaintiff also requests of the Court that it issue a Rule upon the Defendant, as to why his disposition of property, and displacement of Plaintiff should not be enjoined pending the resolution of this litigation. In support of this request, Plaintiff alleges as follows: 1. Plaintiff is Mary Ellen Failor, who currently resides at 135 S. West Street, Carlisle, Cumberland County, Pennsylvania, and has since 1983, 2. Defendant is Donald G. Eppley, Sr" who currently resides at 59 Beagle Club Road. Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant are married. 4. The Plaintiff and Defendant lived together, having held themselves out to the eommunity to be husband and wife for eleven years, beginning in 1983 and continuing until September 1994. 5. An aetion for Divoree is eurrently pending at docket No, 94-5894. In this action, the Defendant has eon tested whether the parties are married, A hearing was held on this issue before the Honorable J. Wesley Oler and a eontinuation of the hearing, expeeted to be a conclusion of the hearing, is scheduled for May 10. 1995, 6. The parties are the owners of real and personal property subject to equitable distribution between them as marital property, unless the parties are determined not to be married. 7. The Plaintiff requests this Court to establish that Plaintiff has an equitable and contractual interest in the following property, even if it is determined that the parties are not considered married: a. Real estate located at 135 South West Street, Carlisle, Cumberland County, Pennsylvania, eurrently deeded in Defendant's name only. b, Real estate (a residence) believed to be located at 62 or 65 West Chapel Avenue, Carlisle, Cumberland County, Pennsylvania, eurrently deeded in Defendant's name only. c, Real estate located at West Chapel Ave. Carlisle, Cumberland County, Pennsylvania, eonstituting garages, currently deeded to Defendant's name only. d, Coins and sports memorabilia, including sports cards, model race cars, eollectable stamps and other investments which the parties eonsidered to be purchased ! f; for their retirement e. 1991 Chevrolet S-10 Piekup truck, believed to be titled in Defendant's name only. f. Various items of antique furniture. g. Other personal property, including various household furnishings, h. Gravesites at Cumberland Valley Memorial Gardens, 8. The real estate listed in 117 (b) and (e) has been deeded to Defendant and acquired since the parties began to reside together, 9. During the period of time the parties resided together, they generally shared expenses, with the agreement, understanding, and expeetation that eaeh would benefit from the investments and payments made during the time they were together, as would a husband and wife. 10. During the period of time the parties resided together, the Plaintiff agreed to and generally did pay the usual household expenses of their residenee, including but not limited to the following: utilities, subscriptions, gifts to family members, some of the automobile repairs, household furnishings (e,g., towels, curtains, etc.), and various types of insurance. 11. During the period of time the parties resided together, the Defendant agreed to and generally did pay the mortgage and insuranee expenses on their personal residence and on the other real property described above, and insurance on the pick-up truck. 12. The debt on the real property has been eliminated or nearly eliminated by payments eontinuing during the time the parties resided together. 13. During the time the parties resided together, they made improvements on the real property at South West Street, such as eomplete remodeling of the kitchen, new kitchen flooring and eeiling, installation of closed.in back poreh, remodeling of two bedrooms, and new windows, Plaintiff contributed finaneially to many of these expenses and ~ " I , , eontributed her personal time and effort to these improvements, 14. During the time the parties resided together, they made improvements on the real property on Chapel Avenue, such as new roofing, spouting, floors, painting, and replaeement of windows. 15, During the period of time the parties resided together, the Defendant agreed to and generally did pay for various items considered to be retirement investments for the parties, as described above. 16, The parties agreement, to share various expenses and to each pay on certain items of real and personal property eonstitutes a contract between them, with 17. Even were the Court to determine that no such contract exists between eonsideration of the mutual benefits eaeh received under the eon tract, sueh as food, elothing, shelter, investment property, retirement, and other sueh eeonomic benefits. the parties, and were it to determine, in the separate pending action, that the parties are not considered married, the Defendant has benefitted, and the Plaintiff has suffered financial damage from the above described arrangement, based upon the Plaintiff's detrimental relianee upon the existenee of sueh an agreement and eon tract. Accordingly, the benefits reeeived by Defendant from such arrangement should be aeeounted for to the Plain tiff. 18. Through his attorney, the Defendant has notified Plaintiff that she is to vacate the residence located at 135 South West Street, Carlisle, Cumberland County, Pennsylvania. 19, By stipulation of the parties in the Divorce action, which has been entered as an Order of Court, the Defendant has agreed to refrain from displacing Plaintiff from her residence until further Order of Court. 20, In the Divorce action, the Defendant has now requested that the Court lift the present Order described in ~19, and thereby permit the Defendant to remove Plaintiff from her residence. This matter is to be considered by the Court on May 10, 1995. 21. Without relief of this Court, should the Court determine the parties not to be married, Plaintiff will suffer the irreparable harm of loss of her residence and loss of her interests in various real and personal property described above. 22. Plaintiff has no other residenee, other than the one in which she currently resides. WHEREFORE, the Plaintiff requests this Court to: a. Assume jurisdiction over this matter; b. determine and declare that Plaintiff has a legal and equitable interest in the real and personal property, described in this Complaint; c. Preliminarily and Permanently Enjoin the Defendant from attempting to or in fact evicting or otherwise removing the Plaintiff from the home located at 135 South West Street, Carlisle, Pennsylvania; d. Preliminarily and Permanently Enjoin the Defendant from , , - MARY ELLEN FAILOR PLAINTIFF V. I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I I NO. 95-1768 I I CIVIL ACTION - EQUITY DONALD G. EPPLEY, SR. DEFENDANT . . PROOF OF SERVICE ~.I SHERRY LEE SEIDITO, an adult individual, states that on the 2~ day of May, 1995, she personally served, by hand delivery, the Defendant in the above-referenced action, Donald G. Eppley, Sr. with the Complaint and Order scheduling a Hearing in the above-referenced matter at his residence, 522 Thornwood Lane, Carlisle, Cumberland County, Pennsylvania. Respectfully submitted, RECEIVED H.1Y 3 0 1995