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HomeMy WebLinkAbout02-4533DOUGLAS, DOUGLAS & DOUGLAS WILLIAM p DOUGLAS . 27 W. HIGH ST. · , ESQ POB 261 Supreme Court I.D.# 37926 CARLISLE PA 17013 GEORGE F. DOUGLAS, III, ESQ. TELEPHONE 717-243-1790 Supreme Court I.D.# 61886 R. FRANK WEIDNER, RICHARD C. WEIDNER and LINDA L. HUTZLER VS. MICHAEL J. WEIDNER TO: MICHAEL J. WEIDNER 100 Garfield Drive Carlisle, PA 17013 : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNA. : NO. 2002 ~ ~/a'3_~ EQUITY 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 DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO, THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 Date: _q {It f0'L DOUGLAS, DOUGLAS & DOUGLAS eorge F. Douglas, III, Esquire Attorney for Plaintiff 'DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 WILLIAM p. DOUGLAS, ESQ. Supreme Court LD.# 37926 GEORGE F. DOUGLAS, III, ESQ. Supreme Court I.D.# 61886 R. FRANK WEIDNER, RICHARD C. WEIDNER and LINDA L. HUTZLER VS. MICHAEL J. WEIDNER : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 2002- 5'~'_3~ EQUITY COMPLAINT 1. The Plaintiffs, R. Frank Weidner, of 4106 Kilgore Lane, Austin, TX 78727; Richard C. Weidner of 4624 Sartallo Road, St. Augustine, FL 32095; and Linda L. Hutzler of 6715 Bushranger Path, Columbia, MD 21046, are individuals. 2. The Defendant, Michael ]. Weidner, is an individual residing at 100 Garfield Drive, Carlisle, PA 17013 3. On January 2, 1996, Plaintiffs and Defendant received title to real property located at 100 Garfield Drive, Carlisle, Cumberland County, Pennsylvania. A copy of the Deed is attached hereto, marked as Exhibit A, and incorporated by reference. The real property is improved with a single- family dwelling. 4. The property at issue is described as follows: ALL that certain tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the east side of Garfield Drive (40 feet wide) which point is 384.12 feet from the center of the Walnut Bottom Road measured along a course bearing South 41 degrees 30 minutes East; thence along Garfield Drive (36 feet wide) by a curve to the right having a radius of 100 feet, a distance of 104.72 feet to a point; thence continuing by the same 52.36 feet to a point; thence continuing by Garfield Drive (36 feet wide) South 41 degrees 30 minutes East 100 feet to a point; thence by land now or formerly of Sylvester R. Snyder, et ux, North 48 degrees 30 minutes East 140 fee~ to a point ;thence by land now or formerly of R.H. Wenger, North 41 degrees 30 minutes West 200 feet to a point; thence by land now or formerly of Ross L. Shuler, et ux, South 48 degrees 30 minutes West 240 feet to a point on the east side of Garfield Drive (40 feet wide) the place of beginning. BEING THE SAME premises which Mellon Bank, N.A., Executor under the Last Will and Testament of Josee M. Weidner, deceased, and as Trustee under the Last Will and Testament of Robert E. Weidner, deceased, granted and conveyed unto R. Frank Weidner, Richard C. Weidner, Michael ]. Weidner, and Linda L. Hutzler, by deed dated January 2, 1996, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 133, page 677. follows: B. C. D. the premises The nature and extent of the interest held by each party is as R. Frank Welder, as tenant in common Richard C. Weidner, as tenant in common Michael ]. Weidner, as tenant in common Linda L. Hutzler, as tenant in common The Plaintiffs seek the removal of Michael J. Weidner from on the following grounds: The parties are brothers and sister. On January 2, 1996, through the Estate of Josee M. Weidner, their mother, the children received a bequest of an equal share as tenants in common of 100 Garfield Drive, Carlisle, PA 17013. Since that time, the Defendant, Michael J. Weidner has resided in the home, and has not paid any compensation to his brothers or sister. The Plaintiffs, through their attorney, George F. Douglas, III, sent a letter to the Defendant on March 15, 2002, requesting monthly rent in the amount of $750 per month. To date no compensation has been paid by the Defendant. There are back taxes due on the real estate as of June 30, 2002, in the amount of $2,499. Plaintiffs request that the Defendant pay all attorney fees and costs related to this suit. 7. Defendant resides at the aforesaid property and Plaintiffs demand possession of the property at this time. WHEREFORE, the Plaintiffs ask Your Honorable Court to order partition of the property, with further adjudication under PA. R.C.P. Section 1551~et seq. Respectfully submitted, DOUGLAS, DOUGLAS & DOUGLAS ge F. Douglas, III, Es~luire Attorney for Plaintiff 27 W. High St. Carlisle, PA 17013 717-243-1790 STATE OF MARYLAND COUNTY OF }-~k~0) AFFIDAVIT : ss: Linda L. Hutzler, being duly sworn according to law, deposes and says that the averments of the within Complaint are true and correct to the best of affiant's knowledv- :-~ · ow, ntrormation and belief. Sworn to and subscribed before me this the ] 4? JON D. ANDERSON NOTARY PUBLIC STATE OF MARYLAND My Commission Expires June 14, 2006 day of.~o~,2002. TIHS DEED MADEtlfis 2nd dayof January ,1996, BETWEEN MELLON BANK, N.A., Executor under the Lasl Will and Testament of JOSEE M. WEIDNER, deceased, late of Sotah Middleton Township, Cumberland County, Pennsylvania, and as Trustee under Ibe Last Will and Testament of Robert E. Weidner, deceased, GRANTOR, AND R. FRANK WEIDNER of San Diego, California, RICHAP~D C. WEIDNER o£S~. Aug~tine, Florida, MICHAEL J. WEIDNER of Carlisle, Pennsylvania, and LINDA L. HUTZLER of Frederick, Maryland, as tenants in common, GRANTEES. WHEREAS, JOSEE M. WEIDNER, died January 16 I995, t~tata, a domiciliary of South Middleton Township, Cumberland County, Pennsylvania, seized of the real estate hereinafter described; and WHEREAS, Decedem's Last Will dated June 13, 1978, was duly probated on March 15, 1995, by the Register of Wills or'Cumberland County, Pennsylvania, wherein decedent appointed Commonwealth National Bank, now Mellon Bank, N.A. as Executor of Decedent's estate; aud WHEREAS, Mellon Bank, N.A. duly quallfed as Executor of Decedent's estate on March 15, 1995, in Cumberland County, Pennsylvania, to Estate No. 21-95-0206; and WHEREAS, D~cedent provided inter alia in her Will as follows: "ITEM V: I give, devise and I~queath all oftba rest, residue and remainder of my estate to my husband, ROBERT E. WEIDNER, if he sur~ive~ me. In the event he does not survive me, I make such gil~, devise and [~luest to the COMMONWEALTH NATIONAL BANK, Carlisle, Pennsylvanla, as Trustee, IN TRUST NEVERTHELESS to be held, administered and distributed in accordance wfh the terms and conditions ora trust or trusts created under ITEM V of tbe Will of my said husband. I hereby ratlfy and confirm said tra~t or trusts absolulely and in WHEREAS, Hie said Rober~ E. Weidner died November 24, 1982. His Last Will daled June 13, 1978, was duly probated on December I, 1982 by the Reglster of Wills of Cumberland County, Pennsylvania, wherein decedent appoinled Commonwealth National Bank and Josee M. Weidner as Exectaors of his estate. Said Execulors duly qualified on December I, 1982 in Cunlberiaed County, Pennsylvania, to Estate No. 21-82-700. WHEREAS, the said Robert E. Waldner under said Will appointed Commonwealth National Bank, now Mellon Bank, N.A., as Trustee. His Will provides that upon the death of his wife and after payment of two specific bequests, "the Trustee shall divide the principal and any accretions thereto and any accumulations of income into as many equal parts as there are then living children UPO suchch'ld sattaming heageofforty(40)yeats, theTrosteeshallpay to such child all oftbe balance of the then remaining prlncipal. N WI IEREAS, tile Trastae has agreed to an accelerated termination of the tr~st interes~ of Linda L. Ilmzler, wi)o is the only beneficiary under the age of forty (40) years. NOW, THEREFORE, WlTNESSETH, that the said Grantor, as Executor of the Estate of Josee M. Weidner and as Trustee under the Last Will and Testament of Robert E. Weidner, does ~oerr:nb~Yo~ant, convey and distribute unto the said Grantees, their heirs and assigns, as tenants in ALL THAT certain tract of land with tile improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the e~t side of Garfiald Drive (40 feet wide) wilich point is 384.12 feet from the center of the Walnut Bogota Road measured along a course bearing South 41 degrees 30 minutes East; thence along Garfield Drlve (36 feet wide) by a curve to the right having a radius of 100 feet, a distance of 104.72 feet Io a point; theuce continuing by the same 52.36 feet to a point; thence conthming by Garfield Drive (36 feet wide) South 41 degrees 30 minutes East 100 feet Io a point; thence by land now or formerly ofSylvester R. Snyder, et ux, North 48 degrees 30 minutes East 140 feet to a point; thence by land now or formerly of R. H. Wenger, North 41 degrees 30 minutes West 200 feet to a point; thence by land now or formerly of Ross L. Shuler, el ux, South 48 degrees 30 nfinutes West 240 feet to a point on the east side of Garfield Drive (40 feet wide), the place of BEGINNING. BEING the same premises which Robert T. Mehring and Arum S. Meld-lng, husband and wlfe, by their deed dated October 6, 1986, and recorded in Cumberland County Recorder of Deeds' Office in Deed Book "F', Volu e 32, Page 506, granted and conveyed to Josee M. Waldner, decedent herein. AND the said Grantor hereby covenants and agrees that it will warrant spociaIIy the properly hereby conveyed. AND the said Grantor/ExecutorFFrustee as aforcsmd, for themselves and their successors, covenant, promise and agree, lo and wi~h thc said Grantees, their heirs a~d assigns, by these presenis, that they, the said Grantor/ExeculorFFrustcc as aforesaid, have not done, committed, or knowingly or willingly suffered to be done or committed, any act, matter or thing whatsoever whereby the ?'cruises hereby gray,led, or any part thcreof, is, are, shall or may be impeached, cha~ged or incumbered, in til/e, charge, estaie or otherwise howsoever. T~s is a dc~ old slnbuhon from an estate to the beneficiaries thereof and as such is exempt from realty transfer ~a.x. IN WITNESS WHEREOF, the Grantor has caused this instrument to be duly c×ecutcd thc day and year abev¢ written. MELLON BANK, of Robert E. Weidner ~'~.~.~-' ) On this, th¢~,ca day of 'x~a~'~'f , 199g befo · ~oo~ 233 ~ 679 [ hereby certify that the precise residence and complete post office address or' the within Grmltee is c/o Michael J. Weidner, I00 Garfield Drive, Carlisle, PA 17013 Attorney for Grantees NTS COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) ,he said Co..,y i. V~ed Book 13 , Vo~/,me Gtven under my hand and the seal oflhe amd office, the date above written· 680 De,,,.,m,,,~,,~,.., $TATEMENT OF VALUE 100 Garfield Drive Cumberland 21-95-0206 SHERIFF'S RETURN CASE NO: 2002-04533 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLJIND WEIDNER R FP~ANK ET AL VS WEIDNER MICHAEL J - REGULAR DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon WEIDNER MICHAEL J the DEFENDANT at 1712:00 HOURS, on the 25th day of September, 2002 at 100 GARFIELD DRIVE CARLISLE, PA 17013 by handing to MICHAEL J WEIDNER a true and attested copy of COMPLAINT - EQUITY together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this ~ ~ day of ~} L~_~ D- Uo;c A.D. · 'Prothonotary So Answers: R. Thomas Kline 09/26/2002 DOUGLAS DOUGLAS DOUGLAS By: Deputy Sheriff ~& DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 WILL Supreme Court I.D.# 37926 GEORGE F. DOUGLAS, HI, ESQ. Supreme Court I.D.# 61886 R. FRANK WEIDNER, RICHARD C. WEIDNER and LIN-DA L. HUTZLER VS. MICHAEL J. WEIDNER TO: : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNA. : NO. 2002 - ~$S33 EQUITY NOTICE OF PENDENCY OF PARTITION PROCEEDING,3 MICHAEL J. WEIDNER 100 Garfield Drive Carlisle, PA 17013 NOTICE is hereby given that an action has been commenced in the above- entitled court, which action is numbered and entitled as set forth in the heading hereof, on the complaint of the above-named plaintiff defendant, for the purpose of obtaining a partition against the above-named of the premises therein described among the owners thereof, or, in the alternative, for a sale thereof under the direction of the court, and a division of the proceeds of such sale among such owners, according to their respective rights. Said premises are situate in the County of Cumberland, Commonwealth of Pennsylvania, and are more particularly described as follows: ALL that certain tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the east side of Garfield Drive (40 feet wide) which point is 384.12 feet from the center of the Walnut Bottom Road measured along a course bearing South 41 degrees 30 minutes East; thence along Garfield Drive (36 feet wide) by a curve to the right having a radius of 100 feet, a distance of 104.72 feet to a point; thence continuing by the same 52.36 feet to a point; thence continuing by Garfield Drive (36 feet wide) South 41 degrees 30 minutes East 100 feet to a point; thence by land now or formerly of Sylvester R. Snyder, et ux, North 48 degrees 30 minutes East 140 feet to a point ;thence by land now or formerly of R.H. Wenger, North 41 degrees 30 minutes West 200 feet to a point; thence by land now or formerly of Ross L. Shuler, et ux, South 48 degrees 30 minutes West 240 feet to a point on the east side of Garfield Drive (40 feet wide) the place of beginning. BEING THE SAME premises which Mellon Bank, N.A., Executor under the Last Will and Testament of Josee M. Weidner, deceased, and as Trustee under the Last Will and Testament of Robert E. Weidner, deceased, granted and conveyed unto R. Frank Weidner, Richard C. Weidner, Michael ]. Weidner, and Linda L. Hutzler, by deed dated January 2, 1996, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 133, page 677. DOUGLAS, DOUGLAS & DOUGLAS Dated: i~]'B, { ~2_ George F. I~ouglas, III, E~'quire -- Attorney for Plaintiff DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.# 37926 GEORGE F. DOUGLAS, III, ESQ. Supreme Court I.D.# 61886 R. FRANK WEIDNER, RICHARD C. WEIDNER and LINDA L. HUTZLER VS. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNA. MICHAEL J. WEIDNER · NO. 2002 -4533 EQUITY STATEMENT OF FACTS o o The Plaintiffs, R. Frank Weidner, of 4106 Kilgore Lane, Austin, TX 78727; Richard C. Weidner of 4624 Sartallo Road, St. Augustine, FL 32095; and Linda L. Hutzler of 6715 Bushranger Path, Columbia, MD 21046, are individuals. The Defendant, Michael J. Weidner, is an individual residing at 100 Garfield Drive, Carlisle, PA 17013 On September 20, 2002, a Complaint was filed in the office of the Prothonotary in Cumberland County, Pennsylvania, for the Partition of real estate located at 100 Garfield Drive, Carlisle, Cumberland County, Pennsylvania. A copy of the Complaint is attached as Exhibit A. The Complaint was served on the Defendant on September 25, 2002, by Dawn Kell, Deputy Sheriff of Cumberland County, Pennsylvania. The Sheriff's return letter is attached as Exhibit B. On October 31, 2002, a Notice of Pendency of Partition Proceedings was sent to the Defendant by first class mail. A copy of the Notice of Pendency of Partition Proceedings is attached as Exhibit C. 6. No responsive pleading has been received to. date. o A default notice was sent to the Defendant by first class mail on January 27, 2003. A second default notice was sent to the Defendant on along with a letter on April 22, 2003. A copy of the default notice and letter are attached as Exhibit D. WHEREFORE, the Plaintiffs respectfully request Your Honorable Court to issue an Order directing Partition of the prope:rty located at 100 Garfield Drive, South Middleton Township, Cumberland. County, Pennsylvania. DOUGLAS, DOUGLAS & DOUGLAS George F. Douglas, III, Esquire Attorney for l:'laintiff Dated: May 14, 2003 DOUGLAS, DOUGLAS & DOUGLAS WILLIAM P. DOUGLAS, ESQ. 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-240-1790 Supreme Court I.D.# 37926 GEORGE F. DOUGLAS, HI, ESQ. Supreme Court I.D.# 61886 R. FRANK WEIDNER, RICHARD C. WEIDNER and LINDA L. HUTZLER VS. MICHAEL J. WEIDNER TO: MICHAEL J. WEIDNER 100 Garfield Drive Carlisle, PA 17013 : IN THE COURT OF COMMON PLEAS · OF CUMBERLAND COUNTY, PENNA. 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 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 TE'[E COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE', PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 Date: Gec;rge F. Douglas, HI, Esquire Attorney for Plaintiff DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 WILLIAM P. DOUGLAS, ESQ. Supreme Court: I.D.# 37926 GEORGE F. DOUGLAS, III, ESQ. Supreme Court I.D.# 61886 R. FRANK WEIDNER, RICHARD C. WE1DNER and LINDA L. HUTZLER VS. : IN THE COURT OF 'COMMON PLEAS - : OF CUMBERLAND COUNTY, PENNA. MICHAEL J. WEIDNER : NO. 2002- ~g'3.~ EQUITY COMPLAINT 1. The Plaintiffs, R. Frank Weidner, of 4106 .Kilgore Lane, Austin, TX 78727; Richard C. Weidner of 4624 Sartallo Road, St. Augustine, FL 32095; and Linda L. Hutzler of 6715 Bushranger Path, Columbia, MD 21046, are individuals. 2. The Defendant, Michael J. Weidner, is an individual residing at 100 Garfield Drive, Carlisle, PA 17013 3. On January 2,1996, Plaintiffs and Defendant received title to real property located at 100 Garfield Drive, Carlisle, Cumberland County, Pennsylvania. A copy of the Deed is attached hereto, marked as Exhibit A, and incorporated by reference. The real property is improved with a single- family dwelling. 4. The property at issue is described as follows: ALL that certain tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland Count, Pennsylvania, bounded and described as follows: BEGINNING at a point on the east side of Garfield Drive (40 feet wide) which point is 384.12 feet from the center of the Walnut Bottom Road. measured along a course bearing South 41 degrees 30 minutes East; thence along Garfield Drive (36 feet wide) by a curve to the right having a radius of 100 feet, a distance of 104.72 feet to a point; thence continuing by the same 52.36 feet to a point; thence continuing by Garfield Drive (36 feet wide) South 41 degrees 30 minutes East 100 feet to a point; thence by land now or formerly of Sylvester R. Snyder, et ux, North 48 degrees 30 minutes East 140 feet to a pointt ;thence by land now or formerly of R.H. Wenger, North 41 degrees 30 minutes West 200 feet to a point; thence by land now or formerly of Ross L. Shuler, .et ux, South 48 degrees 30 minutes West 240 feet to a point on the east side of Garfield Drive (40 feet wide) the place of be~nning. BEING THE SAME premises which Mellon Bank, N.A., Executor under the Last Will and Testament of Josee M. Weidner, deceased, and as Trustee under the Last Will and Testament of Robert E. Weidner, deceased, granted and conveyed unto R. Frank Weidner, Richard C. Weidner, Michael J. Weidner, and Linda L. Hutzler, by deed dated January 2, 1996, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 133, page 677. follows: B. C. D. the premises mo The nature and extent of the interest held by each party is as R. Frank Weider, as tenant in common Richard C. Weidner, as tenant in common Michael J. Weidner, as tenant in common Linda L. Hutzler, as tenant in common The Plaintiffs seek the removal of Michael J. Weidner from on the following grounds: The parties are brothers and sister. On Jarmary 2, 1996, through the Estate of Josee M. Weidner, their mother, the children received a bequest of an equal share as tenants in common of 100 Garfield Drive, Carlisle, PA 17013. Since that time, the Defendant, Michael J. Weidner has resided in the home, and has not paid any compensation to hia brothers or sister. The Plaintiffs, through their attorney, George F. Douglas, HI, sent a letter to the Defendant on March 15, 2002, requesting monthly rent in the amount of $750 per month. To date no compensation has been paid by the Defendant. There are back taxes due on the real estate as of June 30, 2002, in the amount of $2,499. Plaintiffs request that the Defendant pay all attomey fees and costs related to this suit. 7. Defendant resides at the aforesaid property and Plaintiffs demand possession of the property at this time. WHEREFORE, the Plaintiffs asi4 Your Honorable Court to order partition of the property, with further adjudication under PA. R.C.P. Section 1551, et seq. Respectfully su,bmitted, DOUGLAS, DOUGLAS & DOUGLAS George F. D~uglas, lJI, Ea~luire Attorney for Plaintiff - 27 W. High St. Carlisle, PA 17013 717-243-1790 AFFIDAVIT STATE OF MARYLAND COUNTY OF Linda L. Hutzler, being duly sworn according to law, deposes and says that the averments of the within Complaint are true and correct to the best of affiant's knowledge, information and belief. - Sworn to and subscribed before me this the ~ ~- day of ~ ,2002. ~ D. ANDERSO~ NOT~Y PUBUC STATE 01: MARYI~ ~y Co~mi~o~ E~lamS ~n~ 14, 2006 WHEREAS, the said Robed E. Weidncr un&:r said Will appointed Commonwealth National Bank, now Mellon Bank, N.A., as Trustee. His Will provides that upon the death of his wife and after p~yment oftwo specific t~quests, "thc Trustee shall divide tl~ principal ~md any accrefious thereto and any accumulatioas of income into as many equal parts as them are then Jiving children of mine..." "Upon such child's attaining th* age of forty (40) y~u's, tho Trustee shall pay to such child all of the balanea ofthe then remaining principal." WHEREAS, the T~ has agreed to an accelerated termination ofthe trust interest of Linda L. Hutzler, who is the only beneficiary under the ag,.- of forty (40) years. NOW, THEREFORE, WITNE~$ETH, that the said Grantor, as Executor of the Estate of Jos~ M. Weidner and as Trustee under the Last Wiill and Testament of Robert E. Weidner, do~s hereby grant, convey and distribute unto the said Grantees, their heirs and assigns, as tenants in common: ALL THAT certain tract of land with the improvements thereon erected situate in South Middleton Township, Cumberland County, Pennsylvania, hounded and described as follows: BEGINNING at a point on the east side of C~rfield Drive (40 feet wide) which point is 384.12 feet from the center of the Walnut Bottom Road measured along a course bearing South 4 i degrees 30 minutes East; thence along Garfield Drive (36 feet wide) by a corve to the right having a radius of 100 fi~et, a distance of i 04.72 feet to a point; thence continuing by the same 52.36 feet to a point; thence continuing by Gnrfield Drive (36 feet wide) South 41 degrees 30 minutes East 100 fee~ lo a point; Ihencc by Innd now or formerly ofSylvester R. Snyder, et ux, North 48 degrees 30 minute~ East 140 feet to a poim; thence by land now or :Formerly of IL H. Wenger, North 41 degrees 30 minutes We~ 200 feet to a point; thenee by land now or fomm'ly of Ross L. Shuler, et un., South 48 degrees 30 ndnutes We~t 240 feet to a point on the east side of Garfield l~ive (40 feet wide), the pinc, e of BEGINNING. BEING the same p~anises which Robert T. M.du'ing and Anna S. Mehring, husband and wife, by their deed dated October 6, 1986, and recorded in Cumberland County Recorder of Deeds' Office in Deed Book "F", Volume 32, Page 506, granted and conveyed to Josee M. Weidner, decedent herein. AND the said Grantor hereby covenants and agrees that it will warrant specially the property he,by conveyed. AND Ih~ ~aid Grantor/Executor/Trustee as aforesaid, for II~ma~lve~ and ~eir s~c~, ~ ~y, ~ ~d Omnt~/~utorff~t~ ~ afo~id, ~ve not ~, committ~, or knowingly or willingly suff~ to ~ do~ or committ~ a~ ~L ~tt~ or ~ing wha~v~ whereby I~ p~mi~s ~by ginnie, or any ~ t~rcof, is, a~ s~ll or ~y ~ im~ch~, c~ or COMMONWEAL~ OF P~NSYLVAN1,A ) :'!!.; ,. IN WITNESS WHEREOF, I hereunto set my hnnd and official seal. 183 ~ 679 ! hereby cc~fy that the precise ~sidence and ~mplele post office nd&ess of the within Grnnice is c/o Miclmcl J. Weidner, 100 Garfield Drive, Carlisle, PA 17013 Attorney for Grnntees N'f~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND RECORDED on this ~ day of/~ ~J~ the said County in Deed Book L~_.~ , Volume ) : $S. A. D. 19~in the Recorder's Office of , Given under my hand and Ibc seal of Ibc said office, the dale above written. ~ 133 ~ 680 · ~ ~vo v. 0~o ~, ~quJ~e ~1 717 I 243-3341 ~ R. Prank Weidner, Richard Wef~ner, Michael J. Wefdner, Linda ~ MELLON BANK, N.A. s~_~=__ [~d*~ Hutzler P.O. Box 40 I100 Garfield Drive Ybippensburg PA 17257 [Carlisle PA 17013 100 Garfield Drive Cumberland South Middleton Township ~South Middleton ! 40-24-0746-018 $1.00 l= 81.00 , c.--,.-: ......-- j~c ...... --,-- i:~d,.-- __ .'3 21-95-0206 ~ ~~ ~ ~- ~ ~ ~ ~ :; ....... SHERIFF'S RETURN - REGULAR CASE NO: 2002-04533 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WEIDNER R FRANK ET AL VS WEIDNER MICHAEL J DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who bein9 duly sworn according to law, says, the within'COMPLAINT - EQUITY was served upon WEIDNER MICHAEL J the DEFENDANT at 100 GARFIELD DRIVE , at 1712:00 HOURS, on the 25th day of September, 2002 CARLISLE, PA 17013 by handing to MICHAEL J WEIDNER a true and attested copy of COMPLAINT - EQUITY together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: · Docketing 18.00 Service 3.45 Affidavit .00 Surcharge 10.00 .00 31.45 Sworn and Subscribed to before me this day of A.D. So Answers: 09/26/2002 DOUGLAS DOUGI2~S DOUGLAS Deputy Sheriff Prothonotary DOUGLAS, DOUGLAS ar DOUGLAS WILLIAM P. DOUGLAS, ESQ. 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 Supreme Court I.D.//37926 GEORGE F. DOUGLAS, Ill, ESQ. Supreme Court I.D.# 61886 R. FRANK WEIDNER, : IN THE COURT OF COMMON PLE~S RICHARD C. WEIDNER and LINDA L. HUTZLER VS. OF COl INITY PE CUMBERLAND MICHAEL J WEIDNER : NO. 2002 -. · NOTICE OF PENDENCY OF PARTITION PROCEEDINGS TO: MICHAEL J. WEIDNER 100 Garfield Drive Carlisle, PA 17013 NOTICE is hereby given that an action has been commenced in the above- entitled court, which action is numbered and entitled as: set forth in the heading hereof, on the complaint of the above-named plaintiff against the above-named defendant, for the purpose of obtaining a partition of the premises therein described among the owners thereof, or, in the alternative, for a sale thereof under the direction of the court, and a division of the proceeds of such sale among such owners, according to their respective rights. Said premises are situate in the County of Cttmberland, Commonwealth of Pennsylvania, and are more particularly described as follows: ALL that certain tract of land with the improvements thereon erected situate in South Middleton 'Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the east side of Garfield Drive (40 feet wide) which point is 384.12 feet from the center of the Walnut Bottom Road measured along a course bearing South 41 degrees 30 minutes East; thence along Garfield Drive (36 feet wide) by a curve to the right having a radius of 100 feet, a distance of 104.72 feet to a point; thence continuing by the same 52.36 feet to a point; thence continuing by Garfield Drive (36 feet wide) South 41 degrees 30 minutes East 100 feet to a point; thence by land now or formerly of Sylvester R. Snyder, et ux, North 48 degrees 30 minutes East 140 feet to a point ;thence by Dated: land now or formerly 6f R.H. Wenger, North 41 degrees 30 minutes West 200 feet to a point; thence by land now or formerly of Ross L. Shuler, et ux, South 48 degrees 30 minutes West 240 feet to a point on .the east side of Garfield Drive (40 feet wide) the place of BEING THE SAME premises which Mellon Bank, N.A., Executor under the Last Will and Testament of Josee M. Weidner, deceased, and as Trustee under the Last Will and Testament of Robert E. Weidner, deceased, granted and conveyed unto R. Frank Weidner, Richard C. Weidner, Michael J. Weidner, and Linda L. Hutzler, by deed dated January 2,1996, and recorded in the Cumberland County Recorder of Deeds Office in Deed Book 133; page 677. DOUGLAS, DOUGLAS & DOUGLAS Gebrge F. l~uglas, Ill, E~'quire Attorney for Pladntiff DOUGLAS, DOUGLAS & DOUGLAS 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 GEORGE F. DOUGLAS, III, ESQ. Supreme Cou:rt I.D.$$ 61886 R. FRANK WEIDNER, RICHARD C. WEIDNER and LINDA L. HUTZLER VS. : IN THE COURT OF COMMON PI.EA$ : OF CUMBERLAND COUNTY, PENNA. MICHAEL J. WEIDNER : NO. 2002.-4533 EQUITY TO: MICHAEL J. WEIDNER 100 Garfield Drive Carlisle, PA 17013 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 PROPERTY 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 HELP. Court Administrator Forth Floor . Cumberland County Courthouse Carlisle, Pa 17013 717-240-6200 Date of Notice: January 27, 2003 George F. Douglas, III, Esquire. DOUGLAS, DOUGLAS & DOUGLAS WILLIAM P. DOUGLAS, ESQ. 27 W. HIGH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 Supreme Court I.D.# 37926 GEORGE F. DOUGLAS, III, ESQ. Supreme Court I.D.# 61886 R. FRANK WEIDNER, RICHARD C. WEIDNER and LINDA L. HUTZLER VS. IN THE COURT OF COMMON PLEAS · OF CUMBERLAND COUNTY, PENNA. MICHAEL J. WEIDNER · NO. 2002 -4533 EQUITY PRELIMINARY ORDER AND NOW, this a~t~ Of day of '~)'/t~- , 2003, in consideration of the within Statement of Facts, and p,j~rsuant to Pa. R.C.P. 1511 and 1557, a P~rglirgjo~a~y,I-Ie, e~aring is h, ereby set for ~,c(~ ~ , 2003,'~'q6fif't"R~b'ffiNo. '7' , of the Cumberland County Court House, Carlisle, PA., for the purpose of determining Partition of the property known as 100 Garland Drive, South Middleton Township, Cumberland County, Pennsylvania. By the Court, ./ // " R. FRANK WEIDNER, RICHARD C. WEIDNER, and LINDA L. HUTZLER, Plaintiffs VS. MICHAEL J. WEIDNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-4533 EQUITY CIVIL ACTION - EQUITY ORDER AND NOW, this o~~' day of August, 2003, at the request of counsel for the plaintiffs, hearing in the above captioned matter set for August 8, 2003, is continued generally. BY THE COURT, ,....George F. Douglas III, Esquire For the Plaintiffs K~A. Hess, J. ~4vlichael J. Weidner 100 Garfield Drive Carlisle, PA 17013 :rlm