HomeMy WebLinkAbout02-5152DENNIS B. ZEIGLER,
Plaintiff
JOHN E. BURLESON and KAREN L.
BURLESON
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
: CIVIL ACTION - LAW
: ACTION TO QUIET TITLE/EJECTMENT
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 Complaint and
Notice are served, by entering a written appearance personally or by attorney and filing in writing
with the Court your defenses or objections to the claims set forth against you. You are warned that
if you fail to do so the case may proceed without you and a judgment may be entered against you by
the Court without further notice for any money claimed in the Complaint or for any other claim or
relief requested by the Plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(800) 990-9108
DENNIS B. ZEIGLER,
Plaintiff
Vo
JOHN E. BURLESON and KAREN L.
BURLESON
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO.
:
:
: CIVIL ACTION ~ LAW
: ACTION TO QUIET TITLE/EJECTMENT
NOTICIA
LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de
estas demandas edxuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de
la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o
pot abogado y archivar en la corte en fomia eserita sus defensas o sus objeciones a las demandas en
contra de su torte tomara medidas y puede entrar una orden contra usted alivio que es pedido en la
peticion de demanda. Usted puedo perder dinero o sus propiendades o otros derechos importantes
para usted.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR AL SERVICIO, VAYA
EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEQUIR
ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(800) 990-9108
DENNIS B. ZEIGLER,
Plaintiff
JOHN E. BURLESON and KAREN L.
BURLESON
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
:NO. OR- b'/~& C.~~
:
:
: CIVIL ACTION - LAW
: ACTION TO QUIET TITLE/EJECTMENT
COMPLAINT
AND NOW, comes the Plaintiff, Dennis B. Zeigler, by and through his attorneys, James,
Smith, Durkin & Connelly, LLP, and brings the within Complaint to Quiet Title against
Defendants, John E. Burleson and Karen L. Burleson. In support thereof, Plaintiff respectfully
submits as follows:
COUNT I - QUIET TITLE
Plaintiff, Dennis B. Zeigler, is an adult individual currently residing at 731
Zeigler Lane, Enola, Cumberland County, Pennsylvania 17025.
Defendants, John E. Burleson and Karen L. Burleson, are adult individuals and
husband and wife believed to be residing at 497 Woodcrest Drive,
Mechanicsburg, Cumberland County, Pennsylvania.
On June 13, 1987, Plaintiff purchased two tracts of land situate in East Pennsboro
Township, Cumberland County, Pennsylvania l~om Rosanna V. Single as
evidenced by the deed dated June 13, 1987 and filed in the Office of the Recorder
of Deeds of Cumberland County at Deed Book 32 "S", Page 766.
o
°
Following his purchase of the afore-described property, Plaintiff attempted to
clearly define the parameters of the property purchased fi.om Ms. Single and
employed the services of a real estate surveyor to accomplish same.
From the performance of the survey, Plaintiff was advised that a 9.4 acre tract of
land adjacent to Plaintiff's newly acquired property as described in paragraph
three (3) had no record owner and no person had a proper claim to such land. A
true and correct copy of the Plat Plan identifying the unclaimed parcel of land
adjacent to Plaintiff's property is attached hereto as Exhibit "A" and incorporated
herein by reference as if set forth in full.~
In conjunction with the completion of the Plat Plan identifying the unclaimed
parcel of land, Plaintiff had a legal description of the property prepared for
identification purposes. A true and correct copy of the legal description of the
unclaimed tract of land is attached hereto as Exhibit "B" and incorporated herein
by reference as if set forth in full.
Plaintiff filed a Title Affidavit on November 20, 1991 in the Cumberland County
Recorder of Deeds Office recorded in Cumberland County Record Book 407,
Page 619, claiming ownership and possession of the unclaimed tract of land in fee
simple absolute, flee and clear of any other claim, right, title or interest by virtue
of his claim of ownership and use of the premises. A true and correct copy of the
Title Affidavit filed by Plaintiff is attached hereto as Exhibit "C" and incorporated
herein by reference as if set forth in full.
I The Plat Plan is large and not capable of attachment to the Complaint in its entirety. Accordingly, the relevant
portion of the Plat Plan identifying Plaintiff's land, the Defendants' land, and the parcel of land adjacent to
Plaintiff's land to which he has claimed title is attached and included in Exhibit "A".
8. A Plat Plan of the unclaimed parcel of land was prepared by R.J. Fisher &
Associates, Inc., Engineering, Planning & Survey, dated September 3, 1991 and
revised October 3, 1991, recorded in the Office of the Recorder of Deeds of
Cumberland County Pennsylvania at Plan Book 9, Page 139. A true and correct
copy of the Plat Plan identifying the unclaimed tract of land as having been
claimed and owned by Plaintiff is attached hereto as Exhibit "A" and incorporated
herein by reference as if set forth in full. (See fn. 1)
9. The former unclaimed parcel of land is surrounded on three sides by a tract of
land owned by the Defendants, John E. Burleson and Karen L. Burleson. See
Exhibits "A" and "B" attached hereto.
10. On September 14, 1995, Plaintiff's then counsel, John E. Slike, Esquire, wrote to
Defendants and proposed an agreement between the parties that would avoid any
further boundary dispute between the parties, and clarify ownership issues to the
claimed tract of land.
11. In the September 14, 1995 correspondence referenced above, Plaintiff disclosed
the fact that he had filed a Title Affidavit memorializing his claim of ownership to
the disputed parcel.
12. It is believed and therefore averred that Defendants were unaware of the existence
of the former unclaimed tract of land prior to the correspondence from Plaintiff's
former counsel.
13. On October 1, 1996, Defendants, after having been presented with Plaintiff's Title
Affidavit and claim of ownership to the former unclaimed tract of land, filed an
Affidavit of Adverse Possession in the Cumberland County Recorder of Deeds on
October 2, 1996, claiming therein that they had adversely possessed the tract of
land to which Plaintiff had claimed title since September 10, 1976. A true and
correct copy of Defendants' Affidavit of Adverse Possession is attached hereto as
Exhibit "D" and incorporated herein by reference as if set forth in full.
14. Defendants then advised the Cumberland County Assessment Office that they
were the record owners of the tract of land despite Plaintiff's prior claim to the
land.
15. In conjunction with his Affidavit of Adverse Possession, Defendant John K.
Burleson requested, by and through his then counsel, that Plaintiff execute a Quit
Claim Deed to the property. Plaintiff refused.
16. Plaintiff submits that the Title Affidavit filed in 1996 and Plaintiff's claim of
ownership as a result thereof vests full and complete marketable title, free and
clear of all liens and encumbrances to the disputed parcel of land, in the Plaintiff.
17. Plaintiff desires that the Defendants be barred from asserting any right, lien, title,
or interest in and to the property more fully described in Exhibits "A" and "B"
which are attached hereto and incorporated herein by reference as if set forth in
full by reason of Plaintiff's Title Affidavit and claim of ownership which
terminated ail of Defendants' right, lien, title, or interest in and to the aforesaid
property, if any.
18. Defendants' claim of adverse possession is without merit and Defendants should
be forced to prove all requisite elements of their claim to title in such manner.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court:
(A) Enter and Order that Plaintiff, DENNIS B. ZEIGLER, is the legal owner of the
property more fully described in Exhibit "C" attached hereto;
(B) Enter and Order confirming the validity of Plaintiff's Title Affidavit as
establishing Plaintiff's right, lien, title, or interest in the property more fully
described in Exhibit "C" attached hereto;
(C) Enter and Order that the Defendants, JOHN E. BURLESON and KAREN L.
BURLESON, and any person or entity claiming through them, is forever barred
from asserting any right, lien, title or interest in and to the property more fully
described in Exhibit "C" attached hereto inconsistent with the interest or claim of
the Plaintiff;
(D) Enter and Order compelling the Defendants to cancel and/or admit the invalidity
of the Affidavit of Adverse Possession filed by Defendants pertaining to the
property more fully described in Exhibit "C" attached hereto.
COUNT II - ACTION IN EJECTMENT (IN THE ALTERNATIVE)
19. The averments of paragraphs one (1) through eighteen (18) are incorporated
herein by reference as if set forth in full.
20. Defendants have claimed possession of the property more fully described in
Exhibits "A" and "B" attached hereto.
21. Plaintiff filed a Title Affidavit on November 20, 1991 in the Cumberland County
Recorder of Deeds Office recorded in Cumberland County Record Book 407,
Page 619, claiming ownership and possession of the property in fee simple
absolute, flee and clear of any other claim, right, title or interest by virtue of his
claim of ownership and use of the premises. A true and correct copy of the Title
Affidavit filed by Plaintiff is attached hereto as Exhibit "C" and incorporated
herein by reference as if set forth in full.
22. By virtue of the Title Affidavit, Plaintiff acquired possessory rights to the
property and began exercising such rights on November 20, 1991.
23. Defendants' claim of possession to the property is contrary to Plaintiff's
possession of same, as well as contrary to Plaintiff's ownership interest therein
established in 1991.
24. Defendants' actual possession of the property by posting signs and/or precluding
Plaintiffs entry thereon is contrary to Plaintiff's ownership interest in the land as
established by the Title Affidavit in 1991, five (5) years before Defendants
exercised any possessory rights to the tract of land.
25. Defendants' claim to ownership and/or possession of the property did not occur
until five (5) years following the filing of Plaintiff's Title Affidavit and claim of
ownership and possession.
26. Defendants' claim of adverse possession is without merit and Defendants should
be forced to prove all requisite elements of their claim to title in such manner.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court award
possession of the property more fully described in Exhibits "A" and "B" attached hereto and
currently claimed to be occupied by Defendants to Plaintiff and order Defendants' immediate
ejectment fzom said property.
Date:
Respectfully submitted,
JAMES, SMITH, DURKIN & CONNELLY LLP
JARAD W. HANDELMAN, ESQUIRE
P.A.I.D. No. 82629
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Attorneys for Plaintiff
VERIFICATION
The undersigned, Dennis B. Zeigler, hereby verifies that the facts set forth in the foregoing
Complaint are true and correct to the best of his knowledge, information and belief and further
states that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unswom falsification to authorities.
DENNIS B. ZF. IGJ/~
Exhibit A
4r&m ~
200
GRAPHIC SCALE
100 0
SCALE IN FEET
2OO
Surveyed T.A.L.o M.L.P.,
& D.C.L.
Drawn T.A.L.
Checked & Approved T.A.L.
Scale 1"=200'
Project No. Z£1GLER
Date 7/27/99
CAD File ZEIGLER~ZEIGLER2
Drawing Title
BOUNDARY/
TOPO(DRA,=t-lC
Sheet No.
lofl
Exhibit B
PROPERTY DESCRIPTION
FOR
UNCLArMED.TRACT (9.40 ACRES)
EAST PENNSBORO TOVFNSHIP, CUMBERLAND COUNTY, PA.
Be~nning at an iron pin in stones at the northeastern corner of lands N/F Dennis B. Zeigler
and along lands N/F or J. Nevin White; Thence, along lands of White N 85-08-36" B a
d~i~ance of 67.25' to a point at the corner of lands N/F ofL Nevin White and lands NfF
John E. Burleson, thence along lands N/F John E. Burleson the fonowing 4 courses; 1) N
78-37-00" E a dis~_a-ce of 656.70' to an iron pipe in stones. 2) S 08-53-00" E a dis~a-ce of
508.36' to an iron pipe in stones. 3) S 79-37-00" W a di~n-ce of 495.00' to a point. 4) S
79-37-00" W a distance of 412.50' to an iron pipe in stones at the corner of lands 19'fF
Howard L. Weaver and lands N/F Dennis B. Zeigler, thence along lands N/F Dennis B.
Zeigler N 11-01-23" E a distance of 540.49' to.a point the place of beginning.
Containing 9.40 acres.
Exhibit C
COMMONWEALTH OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
SS:
TITLE AFFIDAVIT
..... £RLAhi~ COIJNT¥-?A.
,,,, 8 ;30
Dennis B. Zeigler, an adult individual, being duly sworn
according to law, deposes and says:
1. I am the owner of all those two certain tracts and parcels
of land (the "Premises") in East Pennsboro Township, Cumberland
County, Pennsylvania as more particularly described in the Property
Plat Plan (the "Plat Plan") for Dennis B. Zeigler, prepared by R. J.
Fisher & Associates, Inc., Engineering, Planning & Survey, dated
September 3, 1991 and revised October 3, 1991, recorded in the office
of the Recorder of Deeds of Cumberland County at'Plan Book ? ,
Page /39 , as follows:
TRACT
ALL THAT CERTAIN tract of land, situate in East Pennsboro
Township, Cumberland County, Pennsylvania and being more fully
bounded and described as follows: '.
BEGINNING at an iron pin in stones at the northeastern corner of
lands now or formerly of Dennis B. Zeigler and along lands now or
formerly of J. Nevin White; Thence along lands of J. Nevin White
North 85 degrees 08 seconds 36 minutes a distance of 67.25 feet to a
point at the corner of lands now or formerly of J. Nevin White and
lands now or formerly of John E. Burleson, Thence along lands now of
formerly of John E. Burleson the following 4 courses; (1) North 78
~egree~ 37 minutes 00 seconds East a distance of 656.70 feet to an
iron pipe in stones. (2) South 08 degrees 53 minutes 00 seconds East
a distance of 508.36 feet to an iron ~p~ in stones. (3) South 79
degrees 37 minutes 00 seconds West a als~ance of 495.00 feet to a
polnt. (4) South 79 degrees 37 minutes 00 seconds West a distance of
412.50 feet to an iron pipe in stones at the corner of lands Now or
formerly of Howard L. Weaver and lands now or formerly of Dennis B.
Zeigler, thence along lands now of formerly of Dennis B. Zeigler
North 11 degrees 01 minutes 23 seconds East a distance of 540.49 feet
to a point the place of beginning.
Containing 9.40 acres
6t9. ,
TRACT #2
ALL THAT CERTAIN tract of land, situate in East Pennsboro
Township, Cumberland County, Pennsylvania and being more fully
bounded and described as follows:
BEGINNING at an iron pin set on the north(:rn right of Holtz Road
and lands now or formerly of Sidney A. and Mar~.an J. Trump, said
point being located North 13 degrees 23 minutes 22 seconds East a
distance o~ 119.67 feet from the centerline station 1~ + 55 of Holtz
Road (relocate. d); Thence, along lands now or formerly of Sidney A.
and Marian J. Trump North 13 degrees 23 minutes 22 seconds East a
distance of 121.86 feet to an iron pin at the corner of lands now or
formerly of Charles E. and Lorna Ge~,e Sheetz; Thence along said lands
North 13 degrees 40 minutes 19 seconds East a distance of 164.96 feet
to an iron pin at the corner of lands nor or formerly of Dennis B.
Zeigler, Thence by said lands North 79 degrees 32 minutes 28 seconds
East a distan:e of 16.45 feet to an iron pipe ~n stones at the corner
of lands now ~r formerly of Howard L. Weaver; '?hence along said lands
South 11 degrees 08 minutes 22 seconds West a ~[istance of 165.00 feet
to an iron pipe in stones; Thence along the sane South 45 degrees 25
minutes 47 seconds East a distance of 102.33 f~-~et to an iron pin in
the right-of-~ay of Holtz Road (relocated); thence along said
right-of-way .)f South 68 degrees 51 minutes 30 seconds West a
distance of 1~3.38 feet to the point of beginning.
Containing 0. ?.4 acres
2. I was born on April 30, 1940, and I have personal
knowledge of the facts set forth herein. ~
3. My current residence address is 7 Orchard Drive,
Marysville, PA 17053.
4. On June 13, 1987, I purchased two tracts of land from
Rosanna V. Single. This purchase is evidenced by the deed dated June
13, 1987 and filed in the Office of the Recorder of Deeds of
Cumberland County at Deed Book 32 "S", Page 766.
5. I claim that I own the Premises in fee simple absolute,
free and clear of any other claim, right, title or interest by virtue
of the fact that I have claimed possession and used the Premises.
Additionally, after having performed an extensive title search of the
. BOOK.40'7 PAGE 620
Premises, it has been determined that no one now existing has a
proper claim to this ].and. Additionally, I have used and possessed
this land since June :.3, 1987. I claim that I own the
above-described Premises because I have claimed and possessed said
land and there is no other owner of record.
6. This Title Affidavit is prepared pursuant ~o 21 P.S.
Section 451 et seq. to provide notice of record to anyone purchasing
all or a portion Of the Premises of my claim of title in fee simple
absolute or, in the alternative, of my adverse possession claim."
Dennis B. Zei.~r~
Sworn to and subscribed, to before
me this /~CL day of ~~J ,
Nc~lary Public
I
'~ ~,,.,.'~ ...-~,~. ~:.;~, ,.
County of Cumberland
Re,ordinal in the office for the r~ ording of Deeds
~&itness my h~nd a~:.;~l )f offi.;n of
g~rlisle, PA this ~_. ay o'~
Exhibit D
=,~n.-~- ~ Z!EGLER
~,~'~'ID~,VT~' 0~' AI:)'~I~RS~. POSS~.~ION' ..:-CORDER OF DEEDS
CUI',tBERLAND COUNTY-PA
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
: .'96 OCT [2, l"lq 12,58
: SS. "-
I, John E. Burleson, of 497 Woodcrest Drive,
Mechanic~burg, Cumberland County, Pennsylvania, do hereby affirm
and declare that I have acquired title in fee by adverse
possession to the land described on Exhibit A, attached hereto,
incorporated herein by reference, situate in East Pennsboro
Township, Cumberland County, Pennsylvania.
Adverse entry was made upon this land by me on or about
September !0, 1976 and immediately thereafter rights of
possession to the aforesaid property were exercised by, among
other things, cutting felled trees, constructing logging trails
through the property for the purpose of removing firewood, and
hunting thereon. Such adverse possession has continued until the
date hereof. At the time of the entry on this property, no
person claimed title, and no person was the owner or reputed
owner thereof, subsequently, Dennis B. Zeigler has claimed to be
the owner of this land by virtue of title affidavit recorded on
November 20, 1991 in Cumberland County Record Book 407, Page 619.
I claim that I own this premises in fee simple absolute, free and
clear of any other claim, rights, title or interest. I was born
on July 20, 1949, and I have personal knowledge of the facts set
forth herein, o~/n/.~.~B ~~
S urleson
COMMONWEALTH OF PENNSYLVANIA S.
COUNTY OF DAUPHIN :
Be it remembered, that on the ~ day of October, 1996,
before me, the subscriber,.Lisa M. Long, personally appeared John
E. Burleson, who, having been duly sworn did declare and say that
the facts set forth in the foregoing statement of claim are true,
to the best of his knowledge and belief.
Witness my hand and official seal the day and year
aforesaid.
My Commission Expires:
(SEAL)
NOTARIAL SEAL
USA M. LONG. NOta~7 Public
City of Harrisburg, Dauphin Counly
Mv Cemrnission Expires Apdl 28. 1997
ALL THAT CERTAIN tract of land situate in East Pennsboro
Township, Cumberland County, Pennsylvania and being more fully
bounded and described as follows:
BEGINNING at an iron pin in stones at the northeastern corner of
lands now or formerly of Dennis B. Zeigler and along lands now or
formerly of J. Nevin White; thence along lands of J. Nevin White
North 85 degrees 08 minutes 36 seconds a distance of 67.25 feet
to a point at the corner of lands now or formerly of J. Nevin
White and lands now or formerly of John E. Burleson, thence along
lands now or formerly of John E. Burleson the following four
courses: (1) North 78 degrees 37 minutes 00 seconds East a
distance of 656.70 feet to an iron pipe in stones; (2) South 08
degrees 53 minutes 00 seconds East a distance of 508.36 feet to
an iron pipe in stones; (3) South 79 degrees 37 minutes 00
seconds West a distance of 495.00 feet to a point; (4) South 79
degrees 37 minutes 00 seconds West a distance of 412.50 feet to
an iron pipe in stones at the corner of lands now or formerly of
Howard L. Weaver and lands now or formerly of Dennis B. Zeigler,
thence along lands now or formerly of Dennis B. Zeigler North 11
degrees 01 minute 23 seconds East a distance of 540.49 feet to a
point the place of BEGINNING.
CONTAINING 9.40 acres.
BEING part of the same premises as to which Dennis B. Zeigler
claims ownership by virtue of a Title Affidavit recorded in
Cumberland County Record Book 407, Page 619.
SHERIFF'S RETURN
CASE NO: 2002-05152 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ZEIGLBR DENNIS B
VS
BURLESON JOHN E ET AL
REGULAR
CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EJECTMENT was served upon
BURLESON JOHN E the
DEFENDANT at 1445:00 HOURS, on the 29th day of October , 2002
at 497 WOODCREST DRIVE
MECHANICSBURG, PA 17055 by handing to
ERIC BURLESON, ADULT SON
a true and attested cepy ef COMPLAINT - EJECTMENT tegether with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18 00
6 90
00
10 00
00
34 90
Sworn and Subscribed to before
me this [, ~ day of
~~ ~%~O~ A.D.
! /Prethonotary
So Answers:
R. Thomas Kline
10/30/2002
JAMES SMITH DURKIN CONNELLY
t/ Dept¢ S h'e ri~
SHERIFF'S
CASE NO: 2002-05152 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ZEIGLER DENNIS B
VS
BURLESON JOHN E ET AL
RETURN - REGULAR
CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to
says, the within COMPLAINT - EJECTMENT was served upon
BURLESON KAREN L the
law,
DEFENDANT , at 1445:00 HOURS,
at 497 WOODCREST DRIVE
MECHANICSBURG, PA 17055
ERIC BURLESON, ADULT SON
on the 29th day of October , 2002
by handing to
a true and attested copy of COMPLAINT - EJECTMENT
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
me this L ~ day of
· ~rothonotary '
So Answers:
R. Thomas Kline
10/30/2002
JAMES SMITH DURKIN C~NNELLY
w Det~utyv Sheri/f
DENNIS B. ZEIGLER,
Plaintiff
JOHN E. BURLESON and KAREN L.
BURLESON
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-5152
: C1VIL ACTION - LAW
: ACTION TO QUIET TITLE/EJECTMENT
PRAECIPE TO SETTLE~ DISCONTINUE~ AND END
TO THE PROTHONOTARY:
Upon agreement reached between the parties to the above-captioned matter,
kindly mark the matter above-docketed settled, discontinued, and ended.
Date: May 13, 2004
Respectfully submitted,
JAMES, SMITH, DIETTERICK & CONNELLY LLP
JARAD W. HANDELMAN, ESQUIRE
P.A.I.D. No. 82629
P.O. Box 650
Hershey, PA 17033
(717) 533-3280
Attorneys for Plaintiff, Dennis B. Zeigler
CERTIFICATE OF SERVICE
I, JARAD W. HANDELMAN, ESQUIRE, do hereby certify that I served a mae and
correct copy of the foregoing Praecipe to Settle, Discontinue and End upon the following below-
named individual(s) by depositing the same in the U.S. Mail, postage pre-paid at Hershey,
Dauphin County, Pennsylvania this 13th day of May, 2004.
SERVED UPON:
Steven M. Williams, Esquire:
Wix, Wenger & Weidner
508 North Second Street
P.O. Box 845
Harrisburg, PA 17108-0845
JARAD W. HANDELM~MN , ESQUIRE
JAMES, SMITH, DIETTERICK & CONNELLY LLP