HomeMy WebLinkAbout01-06131
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RICHARD L. MOYER and
JEAN C. MOYER, his wife,
PLAINTIFFS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
FREDERICK L. MADEIRA and
CAROLYN G. MADEIRA, his wife,
DEFENDANTS
01-6131 CIVIL TERM
IN RE: DEFENDANTS' DEMURRER TO PLAINTIFFS' COMPLAINT
BEFORE BAYLEY. J. AND HESS. J.
ORDER OF COURT
AND NOW, this ,.~~ day of January, 2002, the preliminary objection of
defendants in the form of a demurrer to plaintiffs' complaint, IS GRANTED. Plaintiffs'
complaint IS DISMISSED.
By the Ca11i{-
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Robert G. Radebach, Esquire
For Plaintiffs
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Marlin McCaleb, Esquire
For Defendants
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RICHARD L. MOYER and
JEAN C. MOYER, his wife,
PLAINTIFFS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
FREDERICK L. MADEIRA and
CAROLYN G. MADEIRA, his wife,
DEFENDANTS
01-6131 CIVIL TERM
IN RE: DEFENDANTS' DEMURRER TO PLAINTIFFS' COMPLAINT
BEFORE BAYLEY. J. AND HESS. J.
OPINION AND ORDER OF COURT
Bayley, J., January 2, 2002:--
On October 26, 2001, plaintiffs, Richard L. Moyer and Jean C. Moyer, instituted this
quiet title action against defendants, Frederick L. Madeira and Carolyn G. Madeira. In their
complaint, plaintiffs aver that they are the owners of 411 West Main Street, Shiremanstown,
Cumberland County. They acquired the title from the estate of Mabel Hess, by a deed of
June 15, 1999, and a "corrective deed" of October 22, 2001. Defendants own a property
adjoining their land to the east. Defendants acquired their property by a deed of April 9,
2001. In their complaint, plaintiffs aver that a portion of their driveway, and the east end of
their brick garage, are on the property of defendants. Plaintiffs further aver:
[t]hat they and their predecessors in title maintained not only the area where the
garage was erected and where the driveway was paved, but also maintained an
area running from Main Street north to the lands of Bible Baptist Church east of
the garage and driveway, by mowing the grass, storing building materials and
maintaining said area as part of the premises known as 411 West Main Street,
Shiremanstown, Pennsylvania, . . .
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01-6131 CIVIL TERM
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[t]hat by reason of the long-standing unchallenged possession and occupation of
the lands here identified, Plaintiffs have acquired ownership by adverse
possession of the said strip of land ten feet in width adjoining the lands
described in Paragraph 3 herein on the east and running north of that width from
Main street to the lands now owned by Bible Baptist Church and which are
described in Paragraph 13 herein.
Plaintiffs further aver that all of the encroachments on defendants' property were
"[c]onstructed and maintained by their predecessor in title for more than 21 years."
(Emphasis added.) They claim ownership of the area of the encroachments by adverse
possession, and seek to quiet the title.
Defendants filed a preliminary objection to plaintiffs' complaint in the form of a
demurrer. They maintain that the averments in plaintiffs' complaint do not support a claim of
title by adverse possession because (1) the deed by which plaintiffs acquired their title to 411
West Main Street, Shiremanstown, does not include the disputed land within its description,
and the deed did not convey to plaintiffs any title of their predecessors to the disputed land,
and (2) the "corrective deed," that includes the disputed land is a nullity because the Mabel
Hess estate did not then own any title to or interest in the property. The preliminary objection
was briefed and argued on December 12, 2001.
In Baylor v. Soska, 658 A.2d 743 (Pa. 1995), Robert and Lillian Baylor, on May 4,
1988, filed an action to quiet title by adverse possession to a parcel of land upon which a
garden, hedges and a garage were located. The facts were:
[t]hat Mary Hanecak, Baylors' predecessor in title, purchased the land in 1942.
When Mrs. Hanecak purchased the property, it included a house and a garage.
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01-6131 CIVIL TERM
Approximately ten years later, Mrs. Hanecak's husband built an addition to the
garage. This addition is located on the disputed parcel of land. Mrs. Hanecak
claims that from the time she and her husband moved onto the property, they
maintained the disputed parcel and planted hedges and a garden on it. In 1973,
the Baylors purchased the property from Mrs. Hanecak and tore down the
addition to the garage, replacing it with a framed enclosure. (Emphasis added.)
The Supreme Court of Pennsylvania stated:
As observed by the lower courts, one who claims title by adverse
possession must prove actual, continuous, exclusive, visible, notorious, distinct
and hostile possession of the land for twenty-one years. Conneaut Lake Park,
Inc. v. Klingensmith, 362 Pa. 592, 66 A.2d 828 (1949). In the present case, the
Baylors purchased the land in question in 1973 and brought this action in 1988.
That is an insufficient period of time to acquire the land by adverse possession.
However, under certain circumstances, the periods of possession of prior owners
may be added on to the period of possession of the present owners. Superior
Court in Castronuovo v. Sordoni, supra, described this process, called "tacking":
The possession of successive occupants may be tacked, but only
where there is privity between them. Masters v. Local Union No. 472,
United Mine Workers, 146 Pa.Super. 143,22 A.2d 70 (1941). For our
purposes, "privity" refers to a succession of relationship to the same thing,
whether created by deed or other acts or by operation of law. Stark v.
Lardin, 133 Pa.Super. 96,1 A.2d 784 (1938).
But a deed does not of itself create privity between the grantor and
the grantee as to land not described in the deed but occupied by
the grantor. . . . The deed, in itself, creates no privity as to land
outside its calls. Nor is privity created by the bare taking of
possession of land previously occupied by the grantor.
Gerhardv. Hilsenbeck, 164 Pa.Super. 85, 88, 63A.2d 124, 146 (1994)
(quotations omitted).7 Our court has held that acceptance of a deed describing
boundary lines confined the premises to the area within the boundaries, and that
such a deed did not convey inchoate rights acquired by incompleted adverse
possession. Masters, supra. Each predecessor must have claimed title to the
property in dispute, and in transferring to his successors must have purported to
7 We take note of the exception recognized by the Gerhart court in cases such as
Scheetz v. Fitzwater, 5 Pa. 126 (1847), where "an intent to convey more land
than the described premises may be inferred from circumstances and perhaps
from the deed itself." Id., 5 Pa. at 128,357 Pa.Super. at 193-94, 515 A.2d at
930-31.
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01-6131 CIVIL TERM
include it. Shafferv. Lauria, 50 Pa.Super. 135 (1912).
In sum, Superior Court has held that periods of the prior owner's adverse
possession may be tacked, assuming that the prior owner as well as the present
owner meet the requirements set out above for adverse possession, when the
grantor purports to convey the disputed parcel in the instrument of conveyance
to the present owner or when the circumstances of the case indicate an intent to
convey more land than that which is described.
Our research reveals no cases in which this court has defined the
"circumstances" which indicate that the predecessor in title intended to convey
his claim of adverse possession. For the reasons that follow, we believe that the
entire concept of "circumstances" in the context of tacking is misplaced.
In Wolfe v. Porter, 405 Pa.Super. 385, 390, 592 A.2d 716, 719 (1991),
Superior Court was called upon to decide whether in a conveyance from mother
to son, the son was entitled to tack his mother's alleged period of adverse
possession when the deed conveyed only the land for which the mother had
record title. The court wrote:
Appellant argues that an intent to include the disputed tract can be
inferred from the language of the deed. We disagree. A careful
examination of the deed discloses no reference to the disputed tract or to
any inchoate right thereto. . .. In the absence of a conveyance of the
grantor's inchoate rights, we assume that appellant's predecessors either
occupied the disputed land permissively or that they abandoned every
intention of holding adversely before the conveyance.
(Emphasis added.) Superior Court, in sum, has held that whenever a grantor
seeks to convey an inchoate claim of adverse possession, what is required is a
reference to the disputed tract or to the grantor's inchoate right.
There is good reason for this requirement. Interested parties have a right
to discern from the record the state of the title of any parcel of land. If tacking
were to be permitted because of vague, undefined "circumstances," there could
and most likely would be no way for one not a party to the conveyance to know
this. But the law mandates that a person asserting a claim of adverse
possession make this assertion openly and notoriously to all the world. There
must be no secret that the adverse possessor is asserting a claim to the land in
question. Tioga Coal Co. v. Supermarkets Gen. Corp., 519 Pa. 66, 75, 546 A.2d
1, 3 (1988) (Opinion Announcing the Judgment of the Court). If the adverse
possessor's claim is to be passed on to a successor in title, therefore,
there must be some objective indicia of record by which it can be
discerned with some degree of certainty that a claim of title by adverse
possession is being made and that the duration of this claim has been
passed on to a successor in title.
It might be argued that if the original adverse possessor were simply to
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01-6131 CIVIL TERM
remain on the land and there were no action in ejectment, nothing of record
would appear to indicate the adverse possessor's interest, and therefore, there
should be no requirement that the record reveal the adverse interest of a
successor in title. First, nothing of record need appear concerning the
successor's adverse possession claim. It is only the predecessor's claim which
the successor seeks to tack that is at issue. Second, public policy requires
that when an interest in land is conveyed to another, the interest of the
successor in title be described as nearly as possible, withholding nothing
which could and should at that time be made visible. Otherwise, needless
complexity and uncertainty is introduced into conveyancing.
Accordingly, we hold that the only method by which an adverse
possessor may convey the title asserted by adverse possession is to
describe in the instrument of conveyance by means minimally acceptable
for conveyancing of realty that which is intended to be conveyed. In this
case, the predecessor in title did not meet this requirement so far as
regards the disputed tract. (Emphasis added.)
As stated in Baylor, acquiring title by adverse possession requires 21 years of actual,
continuous, exclusive, visible, notorious, distinct and hostile possession of another's land.
Thus, prior to 21 years, a person in possession of another person's land is a trespasser.' In
Baylor, and in Wolfe v. Porter, supra, upon which the Supreme Court placed considerable
reliance, each predecessor in title to each plaintiff had been in possession of the disputed land
for at least 21 years.2 Thus, the 21-year period having matured, each predecessor had title by
adverse possession which could then have been conveyed to each plaintiff. In their respective
1 See Lawyer v. Westwood Hills Associates, (99-2549, Cumberland County, opinion
filed November 28,2001.)
2 In Wolfe, the plaintiff's immediate predecessor in title had possessed the disputed
land between 1952 and 1979. In Baylor, the predecessor in title to the plaintiff had
possessed the parcel of land upon which there was a garage addition from at least
1952 until 1973.
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01-6131 CIVIL TERM
deeds to each plaintiff, neither predecessor described in any way the land to which they
claimed title by adverse possession. Similar facts are pleaded by plaintiff in the case sub
judice. Plaintiffs aver that the encroachments onto defendant's property were "[c]onstructed
and maintained by their predecessor in title for more than twenty-one years." (Emphasis
added.) Accordingly, Baylor is on point. Plaintiffs' predecessor in title did not include in their
conveyance to plaintiffs the disputed land which plaintiffs claim title by adverse possession.
Notwithstanding, plaintiffs maintains that the "corrective deed" on October 22, 2001,
from the estate of Mabel Hess, which includes a description of the disputed tract, still allows
them to tack the period of possession of the disputed tract by the Hess estate, to their
possession since June 15, 1999, the date of their original deed from the Hess estate. The
problem with this position is that the corrective deed seeks to convey to plaintiffs the disputed
tract to which the Mabel Hess estate no longer had claim by adverse possession after it
deeded its land to plaintiffs on June 15, 1999. As noted in Wolfe v. Porter, if a conveyance
does not sufficiently describe the land claimed by adverse possession, it is assumed that the
grantors "[e]ither occupied the disputed land permissively or that they abandoned every
intention of holding adversely before the conveyance." Accordingly, the "corrective deed,"
executed over one year and four months after the deed of June 15, 1999, could not convey to
plaintiffs the land here in dispute.
For the foregoing reasons, plaintiffs have not pleaded a cause of action upon which
relief could be granted on the basis of title by adverse possession. Therefore, the following
order is entered.
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01-6131 CIVIL TERM
ORDER OF COURT
AND NOW, this ~L day of January, 2002, the preliminary objection of
defendants in the form of a demurrer to plaintiffs' complaint, IS GRANTED. Plaintiffs'
complaint IS DISMISSED.
Robert G. Radebach, Esquire
For Plaintiffs
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Marlin McCaleb, Esquire
For Defendants
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PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and subnitted in duplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY:
Please list the within matter far the next ArgIXnent Court.
---------------------------------------------------------------------------------------
CAPTION OF CASE
(ent:ire caption must be stated in full)
RICHARD L. MOYER and
JEAN C. MOYER, his wire,
(plaintiff)
vs.
FREDERICK L. MADEIRA and
CAROLYN G. MADEIRA, his wife,
(DefeOOailt)
No. 01-6131 Civil Term 19
1. State matter to be argued (Le., plaintiff's llCtion for new-trial. defeOOailt's
danw:rer to canplaint. etc.):
Defendants' Preliminary Objections to Plaintiffs' Complaint
2. Identify counsel who will argue case:
( a) for plaintiff:
Address:
Robert G~ Radebach, Esquire
107 Locust Street
Harrisburg. PA 17101
(b) for defeOOailt:
Address:
Marlin R. McCaleb, Esquire
219 East Main Street
Mechanicsburg, PA 17055
3. I will notify all parties in writing within hio days that this case has
been listed for argunent.
4. ArgI.ment Court Date:
December 12, 2001
Dated: November Ir' , 2001
~~
Attorney far Defendants
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RICHARD L. MOYER and
JEAN C. MOYER, his wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 01-6131 Civil Term
FREDERICK L. MADEIRA and
CAROLYN G. MADEIRA, his wife,
Defendants
ACTION TO QUIET TITLE
DEFENDANTS' PRELIMINARY OBJECTIONS
AND NOW come the Defendants, Frederick L. Madeira and
Carolyn G. Madeira, his wife, by and through their attorney,
Marlin R. McCaleb, Esquire, and preliminarily object to
Plaintiffs' Complaint as follows:
LEGAL INSUFFICIENCY OF PLEADING (DEMURRER)
1.
To acquire land by adverse possession, a claimant must
prove actual, distinct, exclusive, visible, notorious,
continuous and hostile possession of the land for a period of
twenty-one (21) years.
2 .
According to Paragraph 3 of the Complaint, Plaintiffs
acquired title to their land by deed dated June 15, 1999,
recorded in Cumberland County Deed Book 202, Page 4, so that
their use and possession of the disputed land, if any, has been
for less than three (3) years.
3 .
The deed by which Plaintiffs acquired title to their
LAW OFFICES
property, incorporated by reference into Paragraph 3 of the
Complaint, does not include the disputed land within its
MARLIN R. McCALEB
description, so that said deed did not convey to Plaintiffs any
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!' title or inchoate interest of their predecessors in and to the
disputed land.
4 .
The corrective deed dated October 22, 2001, also
incorporated by reference into Paragraph 3 of the Complaint, is
a nullity because the grantor in said corrective deed did not
then own any title to or interest in the lands therein
described and therefore had nothing to convey and because it
was executed and recorded after Defendants acquired their
property and therefore cannot affect Defendants' title to
their property.
5.
For the foregoing reasons, Plaintiffs are not in privity
with their predecessors in title as to the disputed land and
cannot tack their predecessors' use and possession of the same,
if any, for purposes of adverse possession.
6 .
For the foregoing reasons, Plaintiffs fail to state a
cause of action for adverse possession of land.
WHEREFORE, Defendants respectfully request your Honorable
Court
to dismiss the Complaint. /. A:;) L /1/J
November 1lC, 2001 ~~~
Marlin R. McCaleb, Esquire
Attorney I.D. No. 06353
219 East Main Street
Mechanicsburg, PA 17055
(717) 691-7770
FAX: (717) 691-7772
Attorney for Defendants
Date:
LAW OFFICES
MARLIN R. McCALEB
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the
I
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I within Defendants' Preliminary Objections was served upon the
Plaintiffs herein, or their attorney, on November ~, 2001,
by depositing same in the mail at the United States Post Office
at Mechanicsburg, Pennsylvania, postage prepaid, properly
addressed as follows:
Robert G. Radebach, Esquire
107 Locust Street
Harrisburg, PA 17101
~~e~~
Marlin R. McCaleb
LAW Of'f'"ICE5
MARLIN R. McCALEB
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
RICHARD L. MOYER and
JEAN C. MOYER, his wife,
Plaintiffs
VS
FREDERICK L. MADEIRA and
CAROLYN G. MADEIRA, his wife
Defendants
: CIVIL ACTION - LAW
: NO. OI-~131 e~~L c,-~
: ACTION TO QUIET TITLE
TO: FREDERICK L. MADEIRA and CAROLYN G. MADEIRA. his wife
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 Petition or for any other
claim or relief requested by Petitioner. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYERAT 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.
COURT ADMINISTRATOR
Third Floor
Cumberland County Court House
Carlisle, P A 17013
Telephone: 717240-6200
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLV.ANIA
RICHARD L. MOYER and
JEAN C. MOYER, his wife,
Plaintiffs
VS
FREDERICK L. MADEIRA and
CAROLYN G. MADEIRA, his wife
Defendants
: CIVIL ACTION - LAW
; NO. 01- G::./31 Ctc>~lY~
: ACTION TO QUIET TITLE
COMPLAINT
1. Plaintiffs Richard L. Moyer and Jean C. Moyer, his wife are
adult individuals residing at 411 West Main Street,
Shiremanstown Borough, Cumberland County, PA 17011.
2. Defendants Frederick L. Madeira and Carolyn G. Madeira, his
wife are adult individuals residing at 305 Chestnut Ridge
Drive, Mechanicsburg, PA 17055.
3. Plaintiffs are the owners of premises known as 411 West Main
Street, Shiremanstown, Pennsylvania, having acquired title to
the said premises on June 15, 1999, by deed from the Estate
of Mabel Hess which deed is recorded in Cumberland County
Deed Book 202, Page 4 and a Corrective Deed dated October
22,2001 and recorded in Cumberland County Deed Book 248,
Page 4482; which premises are bounded and described as follows:
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TRACT NO. 1
ALL THAT CERTAIN tract of land situate in the Borough of
Shiremanstown, County of Cumberland, Commonwealth of
Pennsylvania, more particularly bounded and described as follows,
to wit:
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BEGINNING at a point in the center of Main Street, formerly
Simpson Road, at the southwest corner of lands of Hans C.
Peterson and Mabel Orr Peterson, his wife, said corner being seven
hundred fifty (750) feet west of a pin in the center of Main Street,
the corner of lands now or late of Minnie A. Rupp;
thence along the center line of Main Street, formerly Simpson
Road, a distance of one hundred ninety-two (192) feet to a point;
thence North eleven (11) degrees zero (0) minutes West, a
distance of one hundred forty-six and eight tenths (146.8) feet to a
point at line of lands now or late of Lebanon Valley College;
thence by said last mentioned lands, North fifty-eight (58) degrees
fifty (50) minutes East, a distance of two hundred seven and
thirty-two hundredths (207.32) feet, more or less, to a point at the
line of lands now or late of Hans C. Peterson and Mabel Orr
Peterson, his wife;
thence by said last mentioned lands, South fourteen (14) degrees
zero (0) minutes East, a distance of two hundred eleven and three
tenths (211.3) feet to a point, the Place of BEGINNING.
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SUBJECT, HOWEVER, to the restrictions set forth in Cumberland
County Deed Book F-15, Page 596.
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LESS, HOWEVER, ALL THAT CERTAIN piece or parcel of land
situate in the Borough of Shiremanstown, Cumberland County,
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point on the north side of Main Street, formerly
Simpson Road, at the southeast corner of land of David Smith and
Carolyn Smith, husband and wife, said corner being seventy-nine
and fifty-four one-hundredths (79.54') feet in an eastwardly
direction from the east side of West Avenue;
thence along said ;and of David Smith and Carolyn Smith, husband
and wife, North 13 degrees 41 minutes 14 seconds West, one
hundred six and thirty-six one hundredths (106.36') feet to an
iron pin;
thence along land formerly of Lebanon Valley College, now of
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Shiremanstown Baptist Church, North 56 degrees 50 minutes 00
seconds East, eighty-four and eight one-hundredths (84.08') feet
to an iron pin;
thence along other land of Lester M. Hess and Mabel E. Hess,
husband and wife, South fourteen degrees 00 minutes 00 seconds
East, one hundred thirty-three and eight-tenths (133.8') feet to a
point on the north side of West Main Street, aforesaid;
thence along the north side of West Main Street, South 76 degrees
00 minutes 00 seconds West, eighty and zero one-hundredths
(80.00') feet to a point at the corner of land of David Smith and
Carolyn Smith, husband and wife, the place of BEGINNING.
TRACT NO.2
ALL THAT CERTAIN tract of land situate in the Borough of
Shiremanstown, County of Cumberland, Commonwealth of
Pennsylvania, more particularly bounded and described as follows,
to wit:
BEGINNING at an iron pin set on the north right-of-w8iY line of
West Main Street at the deed line of premises of Richard L. Moyer
and Jean C. Moyer, his wife;
thence along same North fourteen degrees West, the distance of
171.30 feet to a point at line of lands of Bible Baptist Church;
thence along same, North fifty-seven degrees twenty-nine minutes
eighteen seconds East, the distance of 10.55 feet to a point;
thence along lands of Frederick L. Maderia and Carolyn G.
Maderia, his wife, South fourteen degrees East, the distance of
174.65 feet to a point on the north right-of-way line of West Main
Street;
thence along same, South 76 degrees West, the distance of 10.00
feet to the point and place of BEGINNING.
CONTAINING 1730 square feet of land.
Plaintiffs aver that the Defendants own the property adjoining
the lands of Plaintiffs on the east with the deed for the lands
of Defendants having been recorded on April 9, 2001, in
Cumberland County Record Book 242, Page 459.
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5. The lands of Plaintiffs are improved with a one story dwelling
house with attached garage and also a detached three car
garage.
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6. In May of 2001, Plaintiffs observed survey work being done by
a surveyor for the Defendants, which indicated that the west
property line of the lands of Defendants was further west than
had been reputed to the Plaintiffs at the time they purchased
their property and which line was close to or upon the
drivew8iY' of the Plaintiffs as constructed and maintained by
their predecessor in title for more than 21 years.
7. Defendants never produced a survey Plan to the Plaintiffs
showing any encroachment.
8. Defendants subsequently proceeded to commence construction
of a dwelling upon the property at 409 West Main Street.
9. Plaintiffs then commissioned and obtained a survey of their
property which survey and plan was completed on or about
M8iY' 16,2001, which survey is attached hereto as Exhibit A,
and which is hereby made a part hereof.
10. Plaintiffs aver that the survey discloses that a substantial
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-"'t'" ~-<';'~=' ",'--." ',.,=7/''''-";_''''"_'_1'''_'''''< 'r-;~"",.:--_' .';{,">_" 0'_""" _"""T~,'F'""r.
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portion of their driveway and east end of their brick garage
have been erected across the east property boundary line of
the premises described in the deed of the Plaintiffs, as is
depicted upon the survey plan marked Exhibit A.
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11. Plaintiffs have investigated the facts and circumstances
regarding the property which they own and occupy and have
learned that their predecessors in title constructed both the
driveway and detached garage more than 21 years prior to
1999, when the property was conveyed unto Plaintiffs.
12. Neither the Defendants nor their predecessors in title nor any
other individuals ever questioned the ownership or possession
of Lester M. Hess and Mabel E. Hess, his wife, who owned the
land prior to the Plaintiffs of the lands now owned and
maintained by Plaintiffs from February 20, 1953, until June
15, 1999.
13. Plaintiffs aver that they and their predecessors in title
maintained not only the area where the garage was erected
and where the driveway was paved, but also maintained an
area running from Main Street north to the lands of Bible
Baptist Church east of the garage and driveway, by mowing
the grass, storing building materials and maintaining said
area as part of the premises known as 411 West Main Street,
Shiremanstown, Pennsylvania, which premises are described
as follows:
7:':" ,r\-,~) ',"{',-" ."_':'n,"', -'~'f'" ,:",;'~?,r"'iT_',,,' ,- ,c_"Cf';',,,,:,,-,''''H'/:.T'' 'J," _~<_'l.1";'- ;'-,,_<,<::,,"" ~;,,,~)"_~,~,,,,",,,)',,,1'"hW{'f,,"~_,""f- '<:_" -70):;", ';";"",'~',_ ,'do ". .,_,!:, J_h'\'f"\>I"<_"_'r<;.~, 7~'-~_'_,'_' ;'>"'_ "c'". .1'^n- ",r"'" ",:'_~ _, or "__" "~". ~__,., -'" ,,-,_., ' "" _or_ ,'_'_,_~_,r
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ALL THAT CERTAIN tract of land situate in the Borough of Shiremanstown,
County of Cumberland, Co=onwealth of Pennsylvania, more particularly
bounded and described as follows, to wit:
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BEGINNING at an iron pin set on the north right-of-way line of West Main
Street at the deed line of premises of Richard L. Moyer and Jean C. Moyer, his
wife;
thence along same North fourteen degrees West, the distance of 171.30 feet to a
point at line of lands of Bible Baptist Church;
thence along same, North fifty-seven degrees twenty-nine minutes eighteen
seconds East, the distance of 10.55 feet to a point;
thence along lands of Frederick L. Maderia and Carolyn G. Maderia, his wife,
South fourteen degrees East, the distance of 174.65 feet to a point on the north
right-of-way line of West Main Street;
thence along same, South 76 degrees West, the distance of 10.00 feet to the
point and place of BEGINNING.
CONTAINING 1,730 square feet of land.
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14. Plaintiffs aver that by reason of the long-standing
unchallenged possession and occupation of the lands here
identified, Plaintiffs have acquired ownership by adverse
possession of the said strip of land ten feet in width adjoining
the lands described in Paragraph 3 herein on the east and
running north of that width from Main Street to the lands
now owned by Bible Baptist Church and which are described
in Paragraph 13 herein.
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WHEREFORE, Plaintiffs respectfully request that the Court
enter an Order declaring that they are the owners in fee simple of
the lands described in Paragraph 13 herein, free and clear of any
and all right, title, interest, claim or demand of the said defendants
Frederick L. Madeira and Carolyn G. Madeira, and further
enjoining the said Frederick L. Madeira and Carolyn G. Madeira, his
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wife from denying, impeaching or in any way attacking the
Plaintiffs' ownership of the said
premises.
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R bertG.Radebach,Esq~e
107 Locust Street
Harrisburg, P A 1710 III
717-234-6655
Attorney for Plaintiffs
ID# 19255
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We verifY that the statements made in this Complaint are true and
correct. We understand that false statements herein are made subject
to the penalties of 18 Pa. C.B.A. ~4904 relating to unsworn
falsification to authorities.
Dated: October 25,2001
a~,J/ t ~
RICHARD L. MO R
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C. MOYER
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06131 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MOYER RICHARD L ET AL
VS
MADEIRA FREDERICK L ET AL
HAROLD WEARY
, Sheriff or Deputy Sheriff of
cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT -QUIET TITLE
was served upon
MADEIRA FREDERICK L
the
DEFENDANT
, at 0913:00 HOURS, on the 31st day of October ,2001
at 305 CHESTNUT RIDGE DRIVE
MECHANICSBURG, PA 17055
by handing to
CAROLYN G MADEIRA, WIFE
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
Service
Affidavit
Surcharge
18.00
5.85
.00
10.00
.00
33.85
So Answers:
.~~~e~~~
R. Thomas Kline
11/01/2001
ROBERT F RADEBACH
Sworn and Subscribed to before
me this 7~
By:
7,L~ 2,)___
Deputy herif~
day of
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rothonotary .
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SHERIFF'S RETURN - REGULAR
CASE NO: 2001-06131 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MOYER RICHARD L ET AL
VS
MADEIRA FREDERICK L ET AL
HAROLD WEARY
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT -QUIET TITLE
was served upon
MADEIRA CAROLYN G
the
DEFENDANT
, at 0913:00 HOURS, on the 31st day of October
2001
at 305 CHESTNUT RIDGE DRIVE
MECHANICSBURG, PA 17055
by handing to
CAROLYN G MADEIRA
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
Service
Affidavit
Surcharge
So Answers:
6.00
.00
.00
10.00
.00
16.00
.~~~~~
R. Thomas Kline
11/01/2001
ROBERT G RADEBACH
Sworn and Subscribed to before
By:
~~ ~1V=
Deputy Sheriff ..
me this y''!::
day of
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