HomeMy WebLinkAbout02-5800DAVID A. KRULAC and
DIANE E. KRULAC, husband
and wife, Plaintiffs
VS.
KAY MILLER, FRANKLIN MILLER,
and EDWARWD MILLER,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. CIVIL ACTION - Id~.W
:
: ACTION TO QUIET TITLE
:
:
:
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 A 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 OUR WHERE YOU CAN GET
LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
DAVID A. KRULAC and
DIANE E. KRULAC, husband
and wife, Plaintiffs
VS.
KAY MILLER, FRANKLIN MILLER,
and EDWARD MILLER, :
Defendants :
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. CIVIL ACTION - LAW
:
: ACTION TO QUIET TITLE
:
COMPLAINT IN QUIET TITLE
AND NOW, come the Plaintiffs, David A. Krulac and Diane E.
Krulac, husband and wife, by their attorney, Dale F. Shughart, Jr.,
Esquire and make the following the following averments in support
of their Complaint:
1. The Plaintiffs, David A. Krulac and Diane E. Krulac,
husband and wife, are adult individuals residing at P. O. Box 1064,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. The Defendant Kay Miller is an adult individual who
resides at 1012 South Market Street, Mechanicsburg, Cumberland
County, Pennsylvania 17055.
3. The Defendant Franklin Miller is an adult individual who
resides at 517 North Front Street, Steelton, Dauphin County,
Pennsylvania 17113.
4. The Defendant Edward Miller is an adult individual who
resides at 125 West Main Street, Mechanicsburg, Cumberland County,
Pennsylvania 17055.
5. The Plaintiffs are the record title owners of a parcel of
land, together with the improvements thereon erected, with a
mailing address of 720 South Frederick Street, Mechanicsburg,
Cumberland County, Pennsylvania, by virtue of a Deed from the Tax
Claim Bureau of Cumberland
recorded December 2, 2002 in Deed Book 254, Page 3800.
the Deed is attached hereto, incorporated herein,
Exhibit "A".
County dated December 2, 2002 and
A copy of
and marked
6. The metes and bounds description of the tract is as
follows:
ALL THAT CERTAIN house and lot of ground situate on the
East side of South Frederick Street Extended, the Borough of
Mechanicsburg, Cumberland County, and State of Pennsylvania,
bounded and described as follows, to wit:
BEGINNING at a post on the property line of South
Frederick Street Extended, at corner of land now or formerly
of Martin W. Hertzler; thence eastwardly along said lands now
or formerly of Martin W. Hertzler, one hundred sixty-five
(165) feet, more or less, to a post at the corner of lands now
or formerly of Frank B. Mumma and Katharine R. Mumma, his
wife; thence southwardly along said lands now or formerly of
Frank B. Mumma and Katharine R. Mumma, his wife, thirty-five
(35) feet, more or less, to a post; thence westwardly along
the same lands now or formerly of Frank B. Mumma and Katharine
R. Mumma, his wife, one hundred sixty-five (165) feet, more or
less, to a post on the property line of South Frederick Street
Extended; thence northward along said property line thirty-
five (35) feet, more or less, to a post at corner of said
lands now or formerly of Martin W. Hertzler, the Place of
BEGINNING.
7. On May 10, 1944, Katharine R. Mumma and Frank B. Mumma,
her husband, granted and conveyed The Premises unto Franklin F.
Miller and Anna M. Miller, his wife.
8. The said Franklin F. Miller, Social Security #314-05-8188,
died on May 7, 1982 vesting title in fee simple in Anna M. Miller,
his surviving spouse.
9. The said Anna M. Miller, Social Security #203-10-9713,
died on October 4, 1995, without a Will. Her sole intestate heirs
-2-
under the Laws of the Commonwealth of Pennsylvania were her three
children, Kay Miller, Franklin Miller and Edward Miller, the
Defendants herein.
10. No Letters of Administration were issued in the Estate of
Anna M. Miller. Legal title to The Premises therefore passed to
the intestate heirs of Anna M. Miller, which are her three
children, the Defendants herein, by virtue of the provisions of
Section 301(b) of the Probate, Estates & Fiduciaries Code (20 P.S.
301 (b)) .
11. The Defendants failed to pay outstanding real estate
taxes on The Premises and the Cumberland County Tax Claim Bureau
served all required legal notices upon the Defendants.
12. The Premises were then sold to the Plaintiffs by the
Cumberland County Tax Claim Bureau at Tax Upset Sale on September
26, 2002, which Deed is previously attached hereto and referenced
as Plaintiff,s Exhibit "A".
13. By virtue of the aforesaid Tax Upset Sale Deed,
Plaintiffs are the owners in fee simple free and clear of all liens
and encumbrances except building and use conditions and
restrictions and utility easements of record.
14. The Defendants did not file Objections to the Tax Sale or
file a Petition to set aside the sale within the statutorily
prescribed time limits nor have the Defendants challenged
Plaintiff,s ownership to the said property in any way.
-3-
15. The Plaintiffs are in actual physical possession of The
Premises and have been in such possession since December 3, 2002.
WHEREFORE, Plaintiffs respectfully pray Your Honorable Court
to enter judgment in favor of the Plaintiffs, as follows:
1. To order the Defendants to institute an action in
ejectment within thirty (30) days from the entry of such Order
pursuant to Pa.R.C.P. 1066(b) (1) or be forever barred from
asserting a claim or interest in or to any part of The Premises
known as 720 Frederick Street, Mechanicsburg, PA 17055 inconsistent
with the claims of the Plaintiffs set forth herein; and
2. To grant such further relief as may be just and equitable.
Respectfully submitte~
Supreme Court I.D. 1
35 East High Street,i
Carlisle, PA 17013
(717) 241-4311
uite 203
-4-
VERIFICATION
David A. Krulac and Diane E. Krulac, hereby verify that the
facts set forth in the foregoing Complaint in Quiet Title are true
and correct to the best of their knowledge, information and belief,
and understands that false statements herein are made subject to
the penalties of 18 Pa. C.S. §4904 relating to unsworn
falsifications.
DATE:
-5-
UPSET PRICE SALE
Eax laim Bureau Deeh
Owner or reputed owner as returned to said Bureau
Made this ......................................day of ....................................... 20..0..2..,
between the TAX CLAIM BUREAU, of the County of Cumberland, Pennsylvania, asTrustc¢,
GRANTOR, and ..I~.v!.d...A.'..K.y.u.!a..c..&..~!.a~..e..~..~!a..c..~f..C.~.~..H~!!~..B.9~ ..........................................
......................... .C..u.~b~!..a~.~t..C..o.u..n!~,.,. 1~..n~...y.l.v.a..m.'.a. ....................................................... Grantee
$8 500 00
~itne~seth,, that in consideration of $ ........... :......: ......... m hand paid, receipt whereof is
~ -- their
hereby acknowledged, the said Grantor does hereby grant and convey unto the said ~ara~ .................
Mechanicshnrg Boroughr-n
heirs and assigns, the certain premises situate in ................................................................... c.~.....~..!7:.T,
Cumberland County, Pennsylvania, as follows: 720 S. Frederick Street
16-244787-150
See Appendix 'A" for legal description~ c~ _c.~ ~.j
Franklin F. & Anna M~ Miller
Mechanicsburg, PA 17055-6407
26th
of .................................................. Anno Domini two thousand and ..................................
having expired without the property having been redeemed, or any tax judgements heretofore having
been entered against the described property having not been satisfied, or no agreement to stay the sale
of the within described property having been entered into, or the within described real estate no longer
remaining in possession of a sequestrator, by Upset Price Sale.
under and by virtue of the Act of 1947 PL 1368 (Real Estate Tax Sale Law),
~n ~t~tittte~$ ~tl~erenf, said Grantor has hereunto caused this Deed to be ...... ted by' its
Director the day and year first above written.
TAX CLAIM BUREAU OF
Signed, Sealed and Delivered CUMBERLAND COUNTY, PENNSYLVANIA,
in the presence of: TRUSTEE
Director
COMMON\,V[-iALTH OF Pt'iNNSYLVANIA }ss:
COUNTY OF CUMBERLAND
On this, the ............. ~ ......................... day of ...... ~ .....................................
hefore me, the Prothonotary of tbe County of Cumberland, the nndersigned officer, personally appeared
Jacob L. Heisey
............................................................................................. Director o[ the Tax Claim Bureau of the County of
Cumberland. Commonwealth of Pennsylvania, knowo to me to be the person described in the foregoing
instrument and acknowledged that he executed the same in the capacity therein stated and for the pur-
poses therein contalne~}.
~it~:~; I have hereunto set my hand and official seal
cert~~esidence of the grantee herein is as follows: ...............................
David A. &~*~9~.9~.~.O.:Box 10~ Mee~icsburg PA 17055
Appendix "A*
I,egal Description
16-24-0787-150
ALL THAT CERTAIN house and lot of ground situate on the east
side of South Frederick Street, extended, in the Borough of
Mechan/csburg, Cumberland County, Pennsylvania bounded and
described as follows, to wit:
BEGINNING at a post on the property line of South Frederick
Street, extended, comer of lands of Martin W. Hertzler; thence eastward
along said lands of Martin W. Hertzler, one hundred and sixty five (165}
feet, more or less, to a post at the comer of lands of Frank 13. Mumma
and Katharine R. Mumma, his wife; thence southward along said lands
of Frank B. Mumma and Katharhne R. Mumma, thirty five (35) feet, more
or less, to a post; thence westward along the same lands of Frank B.
Mumma and Katharine R. Mumma, one hundred and sixty five (165) feet,
more or less, to a post on the propertly line of South Frederick Street,
extended; thence Northward along the said property 1/ne th/try five (35)
feet, more or less, to a post at the corner of sa/d lands of Martin W.
Hertzler, the place of BEOINNING.
BEING the same premises which Katharine R. Mumma and Frank
B. Mumm, her husband, of the Borough of Mechanicsburg, Cumberland
County by deed dated May 10, 1944, and recorded in the Office of
Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed
Book 12 U, Page 352, granted and conveyed unto Franklin F. Miller. and
Anna M. Miller, his wife.
~oo~ ,~ 54
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2002-05800 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KRULAC DAVID A ET AL
VS
MILLER KAY ET AL
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit:
MILLER FRANKLIN
but was unable to locate Him
deputized the sheriff of DAUPHIN
serve the within COMPLAINT -QUIET TITLE
in his bailiwick. He therefore
County, Pennsylvania, to
On December 30th , 2002 , this office was in receipt of the
attached return from DAUPHIN
Sheriff,s Costs:
Docketing
Out of County
Surcharge
Dep Dauphin Co
6.00
9.00
10.00
26.75
.00
51.75
2/30/2002
DALE SHUGHART JR
Sheriff of Cumberland County
Sworn and subscribed to before me
this J,jf day of~,,.~
~3 2_~ A.D.
Prothonotary; J
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-05800 p
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KRULAC DAVID A ET AL
VS
MILLER KAY ET AL
CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT -QUIET TITLE was served upon
MILLER KAY the
DEFENDANT
at 1012 SOUTH MARKET STREET
at 1931:00 HOURS, on the 10th day of December , 2002
MECHANICSBURG, PA 17055
by handing to
SUSAN JANIS, ADULT IN CHARGE
a true and attested copy of COMPLAINT -QUIET TITLE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff.s Costs:
Docketing 18.00
Service 6.90
Affidavit .00
Surcharge 10.00
.00
34.90
Sworn and Subscribed to before
me this J,,~ day of
~roth~notary '
So Answers:
R. Thomas Kline
12/30/2002 ~ . ~
DALE SHUGHART
~ Deputy S~eriff ~
SHERIFF'S RETURN - REGULAR
CASE NO: 2002-05800 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
KRULAC DAVID A ET AL
VS
MILLER KAY ET AL
CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT -QUIET TITLE was served upon
MILLER EDWARD the
DEFENDANT
at 125 WEST MAIN STREET
, at 2000:00 HOURS, on the 10th day of December , 2002
MECHANICSBURG, PA 17055
by handing to
EDWARD MILLER
a true and attested copy of COMPLAINT -QUIET TITLE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 6.90
Affidavit .00
Surcharge 10.00
.00
22.90
Sworn and Subscribed to before
me this ~/z~ day of
~ ~2~o~ A.D.
¢~oth6notary
So Answers:
R. Thomas Kline
12/30/2002 //~ ~
DALE SHUGHART JP~/ //~
//~/~//D e'pu t ~ She~[ f f '
Mary Jane Snyder
Real Estale Deputy
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
J. Daniel Basile
Chief Deputy
Michael W. Rinehart
Assistant Chief Deputy
Commonwealth of Pennsylvania
County of Dauphin
: KRULAC DAVID A
vS
: MILLER FRANKLIN
Sheriff's Return
No. 2778-T -
OTHER COUNTY NO.
AND NOW:December 23, 2002 at
NOTICE & COMPLAINT TO QUIET TITLE
MILLER FRANKLIN
to RES
of the original
-2002
02 5800
8:05AMserved the within
upon
by personally handing
1 true attested copy(ies)
NOTICE & COMPLAINT TO QUIET TITLE and making known
to him/her the contents thereof at 517 NORTH FRONT STREET
STEELTON, PA 17113-0000
Sworn and subscribed to
before me this 23RD day of ~EMBER, 2002
' W [
!
PROTHOlq'OTAR¥
So Answers,
Sheriff of Dauphin' ty, P .
By
Deputy Sheriff
Sheriff's Costs: $26.75 PD 12/11/2002
RCPT NO 172973
MARTIN
In The Court of Common Pleas of Cumberland County, Pennsylva~nia
David A. Krulac et al
VS.
Kay Miller et al
SERVE: Franklin Miller
No. 02 5800 civil
Now, December 6, 2002 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin County to execuie this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
within
Affidavit of Service
,20 ,at
o'clock M. served th,:
upon
at
by handing to
and made known to
copy of the original
So answers,
the contents thereof.
Sworn and subscribed before
me this ~ day of
,2O
Sheriff of
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
JAN 2 8 003
DAVID A. KRULAC and
DIANE E. KRULAC, husband
and wife, Plaintiffs
vs.
KAY MILLER, FRANKLIN MILLER,
and EDWARD MILLER,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-5800 CIVIL ACTION - LAW
:
:
· ACTION TO QUIET TITLE
:
:
:
ORDER OF COURT
AND NOW, this ~ day of ~ , 2003, upon
Affidavit and Motion of the Plain~tiffs, by their attorney, Dale F.
Shughart, Jr., Esquire, pursuant to PA.R.C.P. 1066(a) and (b), it
is hereby Ordered and Decreed that the Defendants, Kay Miller,
Edward Miller, and Franklin Miller, jointly and severally, shall be
forever barred from asserting any claim or interest in or to any
part of the premises known as 720 South Frederick Street,
Mechanicsburg, Cumberland County, Pennsylvania, Cumberland County
Tax Parcel No· 16-24-0787-150 unless such Defendant(s) shall
institute an Action of Ejectment against the Plaintiffs within
thirty (30) days from the date of entry of this Order.
CC: /~ale F. Shughart, Jr., Esquire
,/~ay Miller
'~dwar d Miller
~ranklin Miller q ·
01
Jo
DAVID A. KRULAC and
DIANE E. KRULAC, husband
and wife, Plaintiffs
VS.
KAY MILLER, FRANKLIN MILLER,
and EDWARD MILLER,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-5800 CIVIL ACTION - I.~.W
:
:
: ACTION TO QUIET TITLE
:
:
:
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS
AFFIDAVIT PURSUANT TO PA.R.C.P. 1066(a)
and MOTION FOR ORDER OF COURT
PURSUANT TO PA.R.C.P. 1066(b)
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Dale F. Shughart, Jr., Esquire, attorney for the Plaintiffs,
David A. Krulac and Diane E. Krulac, being duly sworn according to
law, makes the following Affidavit and Motion:
1. The Petitioners are David A. Krulac and Diane E. Krulac,
husband and wife, adult individuals, residing at P. O. Box 1064,
Mechanicsburg, Cumberland County, Pennsylvania 17055.
2. The Defendants are:
a. Kay Miller, an adult individual, who resides at
1012 South Market Street, Mechanicsburg, PA 17055;
b. Franklin Miller, an adult individual, who resides at
517 North Front Street, Steelton, PA 17113; and
c. Edward Miller, an adult individual, who resides at
125 West Main Street, Mechanicsburg, PA 17055.
3. By Complaint duly endorsed with a Notice to Defend and
filed on December 5, 2002 to the above term and number, Plaintiffs
instituted an action against the Defendants to Quiet Title to a
parcel of real estate located at 720 South Frederick Street,
Borough of Mechanicsburg, Cumberland County, Pennsylvania,
Cumberland County Tax Parcel # 16-24-0787-150.
4. On December 10, 2002, the Sheriff of Cumberland County
served the Complaint upon the Defendants Kay Miller and Edward
Miller by personal service. On December 23, 2002 the Complaint was
served upon Franklin Miller by personal service by the Sheriff of
Dauphin County, by deputized service from the Cumberland County
Sheriff. The Sheriff's Returns of Service are filed of record in
the above captioned matter.
5. On January 14, 2003 a Notice of Intention to Take a
Default Judgment pursuant to Pa.R.C.P. 231.7 was mailed by First
Class Mail, postage prepaid, to each Defendant at their above
stated addresses, copies of the Notice and accompanying cover
letter are attached hereto, incorporated herein by reference, and
marked Exhibit "A".
6. A Certification of such service is attached hereto, made
a part hereof, incorporated by reference, and marked Exhibit "B"
7. Each Defendant having failed to enter an appearance or
file an Answer, the Court may enter an Order of Court in favor of
the Plaintiffs and against the Defendants pursuant to Pa.R.C.P.
1066 (b) .
WHEREFORE, Plaintiffs pray Your Honorable Court to enter an
Order of Court that each Defendant, jointly and severally, shall
--2--
be forever barred from asserting any claim or interest in or to any
part of the premises known as 720 South Frederick Street,
Mechanicsburg, Cumberland County, Pennsylvania, Cumberland County
Tax Parcel #16-24-0787-150, unless such Defendant shall institute
an Action of Ejectment Against the Plaintiffs within thirty (30)
of such Ord '
days of the date of the entry
Dale ~. Shu~rt~ Jr.
Supreme Court I.D. 19373
35 East High Street, Suite 203
Carlisle, PA 17013
(717) 241-4311
Attorney for Plaintiffs
Sworn and subscribed before me,
this 28th day of January, 2003.
-3-
DAVID A. KRULAC and
DIANE E. KRULAC, husband
and wife, Plaintiffs
vs.
KAY MILLER, FRA/qKLIN MILLER,
and EDWARD MILLER,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-5800 CIVIL ACTION - LAW
:
:
: ACTION TO QUIET TITLE
:
:
:
NOTICE OF INTENTION TO ENTER JUDGMENT BY DEFAULT
TO:
KAY MILLER
1012 South Market Street, Mechanicsburg, PA 17055
FRANKLIN MILLER
517 North Front Street, Steelton, PA 17113
EDWARD MILLER
Attn: John Mallios
125 West Main Street, Mechanicsburg, PA 17055
(Defendants)
DATE OF NOTICE: January 14, 2003
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING
WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH
AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF
THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A
HEARING AND YOU MAY LOSE YOUR 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 LEGAL HELP.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue ~~ ~~
Carlisle, PA 17013
(717) 249-3166
By:
~r~y~h~~i~iff
35 East High Street, Suite 203
Carlisle, PA 17013
(717) 241-4311
Attorney for Plaintiff
OF COUNSEL
HAMILTON C, DAVIS
DALE F. SHUGHART, JR.
ATTORNEY AT LAW
35 EAST HIGH STREET
SUITE 203
CARLISLE, PENNSYLVANIA 17013
Telephone (717) 241-4311
Facsimile (717) 241-4021
LEGAL ASSISTANT
BONNIE L, COYLE
January 14, 2003
KAY MILLER
1012 South Market Street
Mechanicsburg, PA 17055
EDWAP~DMILLER
Attn: John Mallios
125 West Main Street
Mechanicsburg, PA 17055
FRANKLIN MILLER
517 North Front Street
Steelton, PA 17113
Dear Ms. and Messrs. Miller:
Please find enclosed a 10-Day Notice of Intention to Take a Default
Judgment in regard to the above captioned Quiet Title Action.
If you do not respond, the Court will enter an Order requiring that
you institute an Ejectment Action against the Krulacs within
30 days or that you will lose the right to make any claim of
ownership in regard to the property previously owned by your
parents located at 720 South Frederick Street, Mechanicsburg, PA
17055.
DFS,JR/bc
Enclosures
Ver. y truly your~-%
DAVID A. KRULAC and
DIANE E. KRULAC, husband
and wife, Plaintiffs
VS.
KAY MILLER, FRANKLIN MILLER,
and EDWARD MILLER,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-5800 CIVIL ACTION - LAW
:
:
: ACTION TO QUIET TITLE
:
:
:
CERTIFICATION OF SERVICE
COMMONWEALTH OF PENNSYLVANIA :
:
COUNTY OF CUMBERLAND :
SS
The undersigned, Dale F. Shughart, Jr., Esquire, being duly
sworn according to law, hereby certifies that on January 14, 2003
he mailed the Notice of Intention to Enter Judgment by Default,
attached to this Affidavit and marked Exhibit "A" hereto, by first
class mail, postage prepaid, to:
KAY MILLER
1012 South Market Street
Mechanicsburg, PA 17055
FRANKLIN MILLER
517 North Front Street
Steelton, PA 17113
EDWARD MILLER
Attn: John Mallios
125 West Main Street ~
Mechanicsburg, PA 17055 --~
Dale F. Shughart,
Attorney I.D. #19
35 East High Street, Suite 203
Carlisle, PA 17013
(717) 241-4311
Attorney for Plaintiffs
Sworn and subscribed before me,
this ~.~day of January, 2003.
DAVID A. KRULAC and
DIANE E. KRULAC, husband
and wife, Plaintiffs
KAY MILLER, FRANKLIN MILLER,
and EDWARD MILLER,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
· NO. 02-5800 CIVIL ACTION - LAW
:
:
: ACTION TO QUIET TITLE
:
:
:
CERTIFICATE OF SERVICE
AND NOW, this 28th day of January, 2003, I, Dale F. Shughart,
Jr., attorney for Plaintiffs, hereby certify that I have served a
copy of Plaintiffs' Affidavit Pursuant to PA.R.C.P. 1066(a) and
Motion for Order of Court Pursuant to PA.R.C.P. 1066(b) and
proposed Order of Court upon the Defendants by mailing copies of
the same by First Class united States mail, postage prepaid,
addressed as follows:
KAY MILLER
1012 South Market Street
Mechanicsburg, PA 17055
FRANKLIN MILLER
517 North Front Street
Steelton, PA 17113
EDWARD MILLER
Attn: John Mallios
125 West Main Street
Mechanicsburg, PA 17055 ~~r
Dale F. Shu
Supreme Cou~t_~..~.l 19373
35 East Hig~r'strge~, Suite 203
Carlisle, PA 17011
Attorney for Pla ;iffs
rIAR 0 4 2003%'
DAVID A. KRULAC and
DIANE E. KRULAC, husband
and wife, Plaintiffs
VS.
KAY MILLER, FRANKLIN MILLER,
and EDWARD MILLER,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-5800 CIVIL ACTION - LAW
:
:
: ACTION TO QUIET TITLE
:
:
:
ORDER OF COURT
AND NOW, this ~___~day of ~~ , 2003, on
Motion of the Plaintiffs, by their attorney, Dale F. Shughart, Jr.,
Esquire, Default Judgment having been entered against the
Defendants on January 29, 2003, and more than thirty (30) days
having passed since service of the Order upon the Defendants,
pursuant to Pa.R.C.P. 1066 (b) (2) , JUDGMENT BE AND IS HEREBY
ENTERED IN ACCORDANCE WITH THE REQUEST OF THE PLAINTIFFS AS
FOLLOWS:
1. Title to the property located at 720 South Frederick
Street, Borough of Mechanicsburg, Cumberland County,
Pennsylvania, Cumberland County Tax Parcel No. 16-24-0787-150,
of which Plaintiffs are the record title owners under a Deed
from the Cumberland County Tax Claim Bureau dated December 2,
2002 and recorded in Deed Book 254, Page 3801 is quieted in
the Plaintiffs, and the Defendants are forever barred from
asserting any claim or interest in or to any part of the
premises inconsistent with the ownership of the Plaintiffs.
2. A true and correct copy of this Order, and the
accompanying Motion, shall be recorded in the Office of the
Recorder of Deeds in and for Cumberland County, Pennsylvania,
upon presentation and payment of~ethe recording fees
by the Plaintiffs. /)
By t
~ward E. ~uido, J.
CC:
Dale F. Shughart, Jr., Esquire
Kay Miller
Franklin Miller
Edward Miller ~
DAVID A. KRULAC and
DIANE E. KRULAC, husband
and wife, Plaintiffs
VS.
KAY MILLER, FRANKLIN MILLER,
and EDWARD MILLER,
Defendants
: IN THE COURT.OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-5800 CIVIL ACTION - LAW
:
:
: ACTION TO QUIET TITLE
:
:
:
MOTION FOR FINAL DECREE AND
ORDER OF COURT CONFIRMING JUDGMENT
AND NOW, the Plaintiffs, David A. Krulac and Diane E. Krulac,
husband and wife, by their attorney, Dale F. Shughart, Jr., Esquire
and make the following Motion:
1. The Plaintiffs are David A. Krulac and Diane E. Krulac,
husband and wife, adult individuals residing at P. O. Box 1064,
Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. The Defendants are:
a. Kay Miller, an adult individual, residing at 1012
South Market Street, Mechanicsburg, PA 17055;
b. Franklin Miller, an adult individual, residing at 517
North Front Street, Steelton, PA 17113;
c. Edward Miller, an adult individual, residing at 125
West Main Street, Mechanicsburg, PA 17055.
3. By Complaint duly endorsed with Notice to Plead and filed
on December 5, 2002 to the above term and number, Plaintiffs
instituted an action against the Defendants to Quiet Title to a
parcel of real estate located at 720 South Frederick Street,
Mechanicsburg, Cumberland County, Pennsylvania, Tax Parcel No. 16-
24-0787-150.
4. On December 10, 2002, the Sheriff of Cumberland County
served the Complaint upon Kay Miller and Edward Miller. On
December 23, 2002, the Sheriff of Dauphin County served the
Complaint upon Franklin Miller by deputized service.
5. On January 14, 2003, a Notice of Intention to Take a
Default Judgment was mailed to each Defendant at their above stated
addresses.
6. On January 28, 2003, no Answer or Appearance having been
filed by or on behalf of any Defendant, Plaintiffs filed a Motion
pursuant to Rule 1066(b), which was served upon the Defendants by
first class mail by Plaintiffs undersigned attorney.
7. On January 29, 2003, Honorable Edward E. Guido entered an
Order of Court which stated in pertinent part as follows:
It is hereby ordered and decreed that Defendants, Kay
Miller, Edward Miller, and Franklin Miller, jointly and
severally, shall be forever barred from asserting any claim or
interest in or to any part of the premises known as 720 South
Frederick Street, Mechanicsburg, Cumberland County,
Pennsylvania, Cumberland County Tax Parcel No. 16-24-0787-150
unless such Defendants' shall institute an Action of Ejectment
against the Plaintiffs within thirty (30) days from the entry
of this Order.
which Order was served upon the Defendants by first class mail by
the Cumberland County Prothonotary on January 29, 2003.
8. The facts underlying the Quiet Title Action and Default
Judgment and as set forth of record in Plaintiffs' Complaint, are
as follows:
a. Franklin F. Miller and Anna M. Miller, husband and
wife, during their lifetimes, acquired title in fee simple to
2
the premises known as 720 Frederick Street, Mechanicsburg,
Pennsylvania, by virtue of a Deed dated May 10, 1944 and
recorded in Cumberland County Deed Book "U", Vol. 12, Page
352.
b. The said Franklin F. Miller died on May 7, 1982
vesting title in fee simple in Anna M. Miller, his surviving
spouse. The said Anna M. Miller died, intestate, on
October 4, 1995, a resident of the Borough of Mechanicsburg,
Cumberland County, Pennsylvania. Her intestate heirs under
the Laws of the Commonwealth of Pennsylvania were her four
children, Kay Miller, Franklin Miller, Edward Miller, and
Patricia Miller. Patricia Miller died in 1996, intestate
without issue, and never having married. Patricia Miller's
sole intestate heirs were her brothers and sisters, above
stated.
c. No Letters of Administration were issued in the
Estate of Anna M. Miller or the Estate of Patricia Miller.
d. Legal title to the premises at 720 Frederick Street,
Mechanicsburg, Pennsylvania passed to the three surviving
children of Anna M. Miller, to wit, Defendants, Kay Miller,
Franklin Miller and Edward Miller pursuant to the provisions
of Section 301(b) of the Probate, Estates and Fiduciaries Code
(20 P.S. 301(b)) .
e. Defendants failed to pay outstanding real estate
taxes on the premises, and Cumberland County Tax Claim Bureau
3
served all legal notices of default required by the Real
Estate Tax Sale Law (72 P.S. 5860.101 et seq.) upon the
Defendants.
f. The premises were purchased by the Plaintiffs at the
Cumberland County Tax Bureau Upset Tax Sale on September 26,
2002.
g. The Cumberland County Tax Claim Bureau granted and
conveyed the premises to the Plaintiffs by Deed dated
December 2, 2002 and recorded in Cumberland County Deed Book
254, Page 3800.
h. The Defendants did not file Objections to the Tax
Sale or Petition to Set Aside Sale.
i. Plaintiffs have been in possession of the premises
since December 3, 2002.
9. More than thirty (30) days have passed since the entry of
the Order of Court dated January 29, 2003 directing the Defendants
to file an Action in Ejectment or be forever barred from asserting
a claim or interest in or to the premises which was mailed to the
Defendants by the Prothonotary on January 29, 2003.
10. Plaintiffs request an Order of Court Confirming the
Judgment Entered by Default against the Defendants to enable the
judgment to be recorded in the Office of the Recorder of Deeds in
and for Cumberland County.
11. Attached hereto and made a part hereof is a proposed
Order of Court stating the Judgment consistent with the relief
--4--
requested by Plaintiffs' Complaint and authorizing and directing
the same to be recorded in the Office of the Recorder of Deeds in
and for Cumberland County, Pennsylvania.
WHEREFORE, the Plaintiffs move Your Honorable Court to issue
the attached Order to enable a permanent record of the Judgment to
be filed in the Office of the Recorder of Deeds aforesaid.
Respectfully su~
Dale F. Sh-~hart~r~/
Supreme Court I.D. 1~773
35 East High Street, Suite 203
Carlisle, PA 17013
(717) 241-4311
-5-
DAVID A. KRULAC and
DIANE E. KRULAC, husband
and wife, Plaintiffs
VS.
KAY MILLER, FRANKLIN MILLER,
and EDWARD MILLER,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-5800 CIVIL ACTION - LAW
:
:
: ACTION TO QUIET TITLE
:
:
:
CERTIFICATE OF SERVICE
AND NOW, this 4th day of March, 2003, I, Dale F. Shughart,
Jr., attorney for Plaintiffs, hereby certify that I have served a
copy of Plaintiffs' MOTION FOR FINAL DECREE AND PROPOSED ORDER OF
COURT CONFIRMING JUDGMENT upon the Defendants by mailing copies of
the same by First Class United States mail, postage prepaid,
addressed as follows:
KAY MILLER
1012 South Market Street
Mechanicsburg, PA 17055
FRANKLIN MILLER
517 North Front Street
Steelton, PA 17113
EDWARD MILLER
c/o John Mallios
125 West Main Street
Mechanicsburg, PA 17055
Supreme Court I.D. 19373
35 East High Street, Suite 203
Carlisle, PA 17013
(717) 241-4311
Attorney for Plaintiffs