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Home My WebLink About03-3022DAVID E. TAYLOR and CYNTHIA S. TAYLOR, husband and wife, Plaintiffs MELLON BANK, Trustee of the Paul Bogar: Trust, Sole Shareholder of Central Penn Builders, Inc., BETTY LOU PLANO, ERIN PLANO KELLY MARC PLANO, Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA QUIET TITLE CIVIL ACTION-LAW JURY TRIAL DEMANDED NOTICE TO DEFEND TO: Mellon Bank, Trustee of the Paul Bogar Trust, Sole Shareholder of Central Penn Builders, Inc., Betty Lou Piano, Erin Plano Kelly Marc Piano, Defendants 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 judgrnent 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 Plaintiffs. You may lose money or property or other fights 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. Cmberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717)249-3166 or 1-800-990-9108 Document #: 267041,1 DAVID E. TAYLOR and CYNTHIA S. TAYLOR, husband and wife, Plaintiffs V. : : MELLON BANK, Trustee of the Paul Bogar: Trust, Sole Shareholder of Central Penn Builders, Inc., BETTY LOU PLANO, ERIN PLANO KELLY MARC PLANO, Defendants 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA QUIET TITLE CIVIL ACTION-LAW JURY TRIAL DEMANDED NOTICIA TO: Mellon Bank, Trustee of the Paul Bogar Trust, Sole Shareholder of Central Penn Builders, Inc., Betty Lou Piano, Erin Piano Kelly Marc Plano, Defendants USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda v Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte pot escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo pot cualquier suma de dinero reclamado en la demanda o cualquier otra reclamacion o remedio solicitado pot el demandante puede set dictado en contra suya pot la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO IMMEDIATAMENTA. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFIC1NA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 or 1-800-990-9108 Document #: 267041.1 DAVID E. TAYLOR and CYNTHIA S. TAYLOR, husband and wife, Plaintiffs MELLON BANK, Trustee of the Paul Bogar: Trust, Sole Shareholder of Central Penn Builders, Inc., BETTY LOU PLANO, ERIN PLANO KELLY MARC PLANO, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. QUIET TITLE CIVIL ACTION-LAW JURY TRIAL DEMANDED COMPLAINT TO OUIET TITLE AND NOW, comes the Plaintiffs, David E. Taylor and Cynthia S. Taylor, by and through their Attomeys, Metzger, Wickersham, Knauss & Erb, P.C., and represents the following by way of Complaint to Quiet Title: 1. Plaimiffs are husband and wife, adult individuals, who reside at 6 Crain Circle, Lemoyne, Cumberland County, Pennsylvania. 2. Defendant, Mellon Bank ("Mellon") is a federally chartered national financial institution and Trustee of the Paul Bogar Trust (the "Trust"), Sole Shareholder of Central Penn Builders, Inc. ("CP Builders"). Mellon's office located at Suite 5010, 1201 Third Avenue, Seattle, WA 98101-3202 is handling the affairs of the Trust through J. Kim Cacace, Senior Director-Portfolio Management ("Ms. Cacace"). 3. Defendants, Betty Lou Piano, Erin Piano Kelly and Marc Piano are adult individuals, who are all the beneficiaries of the Trust (the "Beneficiary Defendants"), which Trust was created by the Wills of Paul Bogar and Catherine Bogar, his Wife, as more Document #: 267041.1 specifically described below. The Beneficiary Defendants live in the Northwestern United States and their mailing address for service purposes is the address set forth for Mellon, above. 4. Paul Bogar died on November 21, 1991, testate, and his Estate was probated in Franklin County at 28-91-0559 creating a Trust, naming Mellon Bank as Trustee. 5. Catherine Bogar, Paul Bogar's wife, and Defendant Betty Lou Plano, Paul Bogar's daughter, were bequeathed by Patti E. Bogar's Will, a life estate interest in the Trust, which, inter alia, controls all the outstanding shares of CP Builders. 6. Catherine R. Bogar died on October 13, 1992, and her Estate was probated in Franklin County at 28-92-0495. Her Will contains the same provisions for the Trust as Patti Bogar's Will, referenced above. 7. Defendants Erin Plano Kelly and Mark Piano are Betty Lou Piano's children who were bequeathed a remainder interest in the Trust, vesting upon Betty Lou Piano's death. 8. CP Builders is a corporation no longer in existence, but which in 1954, by virtue of a deed dated September 15, 1954 from Ralph A. Scrafford and Anne Scrafford, his wife, to Central Penn Builders, Inc., recorded in Deed Book Z- ! 5, page 313, on September 15, 1954, obtained title to a larger tract of land, which it later subdivided (the "CP Tract"). 9. Plaintiffs own in fee simple, possess and are entitled to possess real property situated in the Township of Hampden, Cumberland County, further described as follows: ALL THAT CERTA1N piece or parcel of land situate in the township of Hampden, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a stake on the southern side of the Carlisle Pike (U.S. Route 11), said stake being 190* feet in a westerly direction from the intersection of said Carlisle Pike and the western line of the road known as Sunset Circle; thence in a southerly direction along land of Central Penn Builders, Inc., a distance of 140 feet to a stake; thence in a northwesterly direction along other land of said Central Penn Builders, Inc., a distance of 221.1 feet to a stake on the southern side of said Carlisle Pike; thence in an easterly direction along said southern side of said Carlisle Pike a distance of 164.9 feet to a stake, the place of BEGINNING. Document #: 267041.1 BEING all of Lot No. 13 and the Western 40 feet of Lot No. 12 in the Plan of Lots of Sunset Circle, Central Penn Builders, Inc., said Plan of Lots being recorded in the Recorder's Office, Carlisle, Pennsylvania, in Plan Book No. 6, Page 46. HAVING thereon erected a single one story frame dwelling house. BEING THE SAME PREMISES which Leah A. Groff, widow conveyed unto Calvin B. G-toff and Darla D. Groff, husband and wife, by deed dated March 6, 1987 and recorded March 6, 1987 in the Recorder's Office in and for Cumberland County, Pennsylvania, in Record Book N, Volume 32, Page 400. BEING the same premises which Central Penn Builders, Inc., by deed dated October 18, 1955 and recorded October 20, 1955 in the Office of the Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania, in Deed Book "U", Volume 16, Page 48, granted and conveyed to Guy H. Groff and Leah A. Groff, husband and wife. Guy H. Groff died on October 6, 1984 thereby vesting the entire fee simple title to the above-described premises in Leah A. Groff. * Shown as 100 feet on the former Deed, recorded March 6, 1987, Record Book N, Volume 32, Page 400. currently known as 5016 Carlisle Pike ("Plaintiffs' Property"), by virtue of a deed dated April 27, 1990, recorded on May 7, 1990 in and for the Recorder of Deeds Office, Cumberland County, in Deed Book "N"-34, page 1130. 10. Plaintiffs' Property is one of the parcels subdivided from the CP Tract. 11. CP Builders, by virtue of certain errors in the various deeds for the subdivided parcels out of the CP tract, is the owner of a small tract of land, more specifically described below (Defendants' Property), which is contiguous to Plaintiffs' Property. 12. On information and belief, Paul Bogar, dtwing his lifetime, as president of CP Builders, intended to deed out all of the real estate owned by CP Builders including, but not limited to, Defendants' Property. Nevertheless, Defendants' Property was accidentally excluded from transfer to any other grantee, and over the years, Defendants' Property inadvertently remained titled Document #: 267041.1 in CP Builders, but any rights to Defendants' Property have been abandoned by CP Builders and Defendants as set forth below. 13. Defendants' Property cannot be located on the County Tax Map, and it is believed, and therefore averred, that Plaintiffs and their predecessors have been paying tax on Defendants' Property since 1955. 14. The legal description of Defendants' Property is as follows: A gap of land created by the difference in the boundaries between the toe of slope easement line from the Permsylvania Department of Transportation record plans, the boundary described in a deed dated September 15, 1954 between Ralph A. Scrafford and Anne Scrafford, his wife to Central Penn Builders, Inc., recorded in Deed Book Z-15 page 313 and the calculated boundary line along the rear of lot 13 and in part lot 12 of Plat Book 6 page 46, said gap being part of Deed Book Z-15 page 313 and containing approximately 1,769 square feet of area. Said gap being more particularly bounded and described as follows: BEGINNING AT A POINT being a capped iron rod set, said point being referenced South 05 degrees 55 minutes 21 seconds West 140.00 feet from a drill hole set in the concrete pavement of Carlisle Pike and being the northwest comer of land now or formerly Robert L. Creason, Et. Al. (Deed Book H-31 Page 854) and the northeast comer of land now or formerly David E. Taylor and Cynthia S. Taylor (Deed Book N-34 page 1130); thence through land formerly Central Penn Builders, Inc. (Deed Book Z-1 5 page 313) South 46 degrees 16 minutes 42 seconds West 12.81 feet to a capped iron rod set, said point being fifty-five (55) feet left and radial from old Penn. DOT baseline "A" Station 36+01.08; thence along the toe of slope easement line according to Penn. DOT record plans of S.R. 0581 the following four (4) courses and distances 119.347 feet on a curve to the right having a radius of 3070.360 feet, a central angle of 2 degrees 13 minutes 38 seconds, and a chord bearing and distance of North 42 degrees 36 minutes 29 seconds West 119.34 feet to a capped iron rod set at the point of tangency, said point of tangency being fifty-five (55) feet left and at right angles to old Penn. DOT baseline "A" station 34+79.60; thence North 41 degxees 29 minutes 40 seconds West 4.60 feet to a capped iron rod set fifty-five (55) feet left and at right-angles to old Penn. DOT baseline "A" station 34+75; thence North 48 degrees 30 minutes 20 seconds East 5.00 feet to a capped iron rod set sixty (60) feet left and at right angles to old Penn. DOT baseline "A" station 34+75; thence North 41 degrees 29 mim:tes 40 seconds West 81.21 feet to a capped iron rod set at the intersection of the toe of slope easement line with the southern fight-of-way line of Carlisle Pike and being sixty (60) feet left and at right angles to old Penh. DOT baseline "A" station 33+93.78; thence along the southern right-of-way line of Carlisle Pike South 83 degrees 44 minutes 13 seconds East 3.22 feet to a capped iron rod set thence along the rear lot line of lot 13 and in part lot 12 of Plat Book 6 page 46 the following two courses and distances, South 43 degrees 43 minutes 49 seconds East 149.974 feet to a point; South 43 degrees 47 minutes 47 seconds East 52.433 feet, to the point or place of beginning. Containing 1,769 square feet or 0.041 acre of land more or less. Document #: 267041.1 Being a remainder portion of a deed dated September 15, 1954 from Ralph A. Scrafford and Anne Scrafford, his wife to Central Penn Builders, Inc., recorded in Deed Book Z-15 page 313 on September 15, 1954. 15. The Pennsylvania Department of Transportation currently has a slope easement on certain of the land which burdens the entirety of Defendants' Property and Plaintiffs' Property. The slope easement acts as lateral support for Route 581, which is above the Plaintiffs' Property and Defendants' Property. 16. Plaintiffs and their predecessors have occupied Defendants' Property in a manner which is open, exclusive, hostile, adverse, and Plaintiffs are in actual possession of Defendants' Property under a claim of right for a period in excess of twenty-one (21) years. 17. Through the abandonment of Defendants' Property, Plaintiffs and their predecessors-in-interest, have been since prior to 1955, acting in derogation of or in actual possession of any property right that was or might have been retained by CP Builders or by Paul Bogar's heirs, executors, administrators, or assigns. 18. Plaintiffs' possession (or such possession by their predecessors-in-interest) of any property right that was or might have been claimed or asserted by CP Builders or by Paul Bogar's heirs, executors, administrators, or assigns is, and has continuously been since at least 1955, of such a manner as to put a reasonable person on notice that Plaintiffs are holding any such right or purported right as their own. 19. Plaintiffs' possession (or such possession by their predecessors-in-interest) of any property right that might have been retained or claimed by CP Builders or by Paul Bogar's heirs, executors, administrators, or assigns, is and has continuously been since at least 1955 visible and notorious. Document #: 267041.1 20. Plaintiffs' possession (or such possession by their predecessors-in-interest) of any property right that might have been retained or claimed by CP Builders or by Paul Bogar's heirs, executors, administrators, or assigns, is and has continuously been since at least 1955 the type of of possession that is consistent with an owner's use of those fights. 21. Plaintiffs' possession (or such possession by their predecessors-in-interest) of any property fight that might have been retained or claimed by CP Builders or by Paul Bogar's heirs, executors, administrators, or assigns, is and has continuously since at least 1955 been distinct and exclusive. 22. Plaintiffs' possession (or such possession by their predecessors-in-interest) of any property fight that might have been retained or claimed by CP Builders or by Paul Bogar's heirs, executors, administrators, or assigns, has been continuous since at least 1955. 23. Plaintiffs' possession (or such possession by their predecessors-in-interest) of any property fight that might have been retained or claimed by CP Builders is, and has continuously been since at least 1955, adverse to CP Builders or Paul Bogar's heirs, executors, administrators, assigns and all others claiming any purported fights by virtue of the deed to Plaintiffs' Property. 24. Plaintiffs' possession (or such possession by their predecessors-in-interes0 of any property right that might have been retained or claimed by CP Builders is, and has been continuously since at least 1955, hostile to CP Builders or Paul Bogar's heirs, executors, administrators, assigns and all others to the extent that any of them are or may be the true owners of those rights. 25. All claims of Defendants are without any right whatever and were extinguished and barred by adverse possession in excess of twenty-one years. Plaintiffs possess the Defendants' Property free from any claim by Defendants. Document #: 267041. l WHEREFORE, Plaintiffs pray that this Honorable Court issue an adjudication: 1. That Defendants and all persons claiming under them be required to set forth the right and nature of their claims to the real property; 2. That all adverse claims of Defendants and all persons claiming under them in and to the Defendants' Property be determined by decree of this Court; 3. That Plaintiffs own in fee simple, and are entitled to the lawful, peaceful, and continuous possession of Defendants' Property, and Defendants, and all persons claiming under them, have no estate, right, title, lien or interest whatever in or to the Defendants' Property, or any part thereof; 4. That Defendants and all persons claiming under them be permanently enjoined from asserting any adverse title to Plaintiffs' title to the Defendants' Property; and 5. That the Plaintiffs be granted such other and further relief as the Court may deem just and proper. Date: METZGER, WICKERSHAM, KNAUSS & ERB ///fl~uce~shawsky~ Attorney I.' -- VD. No. 58799 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Document #: 267041.1 VERIFICATION I, David E. Taylor, hereby certify that I have read the foregoing Complaint and believe it to be true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date : VERIFICATION I, Cynthia Rowe Taylor, hereby certify that I have read the foregoing Complaint and believe it to be true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Cy/lthia Rowe Tayl6r Date: ~fT///~/ Document #: 267041. CERTIFICATE OF SERVICE I, Milton Bernstein, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Complaint to Quiet Title with reference to the foregoing action by United States mail, first class mail, postage prepaid, this 25* day of June, 2003 on the following: Mellon Bank Trustee of the Paul Bogar Trust c/o J. Klm Caeace Senior Director- Portfolio Management 1201 Third Avenue, Suite 5010 Seattle, WA 98101-3202 Betty Lou Piano c/o & Kim Cacace Senior Director - Portfolio Management Mellon Bank 1201 Third Avenue, Suite 5010 Seattle, WA 98101-3202 Erin Piano Kelly c/o J. }Om Cacace Senior Director- Portfolio Management Mellon Bank 1201 Third Avenue, Suite 5010 Seattle, WA 98101-3202 Marc Piano c/o J. Kim Cacace Senior Director - Portfolio Management Mellon Bank 1201 Third Avenue, Suite 5010 Seattle, WA 98101-3202 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Milton Berustein, Esquire 285402~1 DAVID E. TAYLOR and CYNTHIA S. TAYLOR, husband and wife, Plaintiffs Vo MELLON BANK, Trustee of the Paul Bogar: Trust, Sole Shareholder of Central Penn Builders, Inc., BETTY LOU PLANO, ERIN PLANO KELLY MARC PLANO, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA QUIET TITLE CIVIL ACTION-LAW JURY TRIAL DEMANDED PRAECIPE TO SETTLE AND DISCONTINUE TO THE PROTHONOTARY: Please mark the above-referenced matter settled, discontinued and ended. Date: METZGER, WICKERSHAM, KNAUSS & ERB Milton Bernstein, Esquire Attorney I. D. No. 21520 3211 North Front Street P. O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiffs Document #: 267041.1 CERTIFICATE OF SERVICE I, Milton Bernstein, Esquire, of the law firm of Metzger, Wickersham, Knauss & Erb, P.C., hereby certify that I served a true and correct copy of Praecipe to Settle and Discontinue wit~.f renee to the foregoing action by United States mail, first class mail, postage prepaid, this c~day of July, 2003 on the following: Mellon Bank Trustee of the Paul Bogar Trust e/o J. Kim Caeace Senior Director - Portfolio Management 1201 Third Avenue, Suite 5010 Seattle, WA 98101-3202 Betty Lou Piano c/o J. Kim Caeaee Senior Director - Portfolio Management Mellon Bank 1201 Third Avenue, Suite 5010 Seattle, WA 98101-3202 Erin Piano Kelly c/o J. Kim Cacace Senior Director - Portfolio Management Mellon Bank 1201 Third Avenue, Suite 5010 Seattle, WA 98101-3202 Mare Piano c/o J. Kim Cacace Senior Director- Portfolio Management Mellon Bank 1201 Third Avenue, Suite 5010 Seattle, WA 98101-3202 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Milton Bernstein, Esquire 283402-1