HomeMy WebLinkAbout99-033529
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WAYNE R. TAYLOR and
JEAN K. TAYLOR
PLAINTIFFS
V.
ANTHONY G. CARDONE and
FRANCINE A. CARDONE
DEFENDANTS
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. 9 q -335a 011 J 1 1
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
TELEPHONE: 717-249-3166
WAYNE R. TAYLOR and
JEAN K. TAYLOR
PLAINTIFFS
V.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
NO. V 9. 33 -2 ( [ T
ANTHONY G. CARDONE and
FRANCINE A. CARDONE
DEFENDANTS
COMPLAINT
AND NOW come Wayne R. Taylor and Jean K. Taylor, by their counsel, Andrea
C. Jacobsen, Esquire, JACOBSEN & MILKES, and state as follows:
1. Plaintiffs are Wayne R. Taylor (Taylor) and Jean K. Taylor, husband and
wife, adult citizens of Cumberland County, Pennsylvania, who reside at 610
Conodoguinet Avenue, Carlisle, PA 17013.
2. Defendants are Anthony G. Cardone, also known as Tony Cardone,
(Cardone) and Francine A. Cardone, husband and wife, adult citizens of Cumberland
County, Pennsylvania, who reside at 720 Conodoguinet Avenue, Carlisle, PA 17013.
3. Plaintiffs were at all times herein mentioned, and still are, the owners in
fee simple of certain real property located at 610 Conodoguinet Avenue, in North
Middleton Township, Cumberland County, Pennsylvania, and more particularly
described as set forth on Exhibit A which is attached hereto and made a part hereof.
4. The abstract of title on which plaintiffs rely is as follows:
The said piece of property is Lot No. 2 on the Subdivision Plan of Forrest
Husler, as recorded in the Office of the Recorder of Deeds for Cumberland County in
plan Book 40, Page 70, and which the said Forrest M. Hasler and Jeanette E. Husler,
by deed dated October 8, 1982, and recorded in the said Office on October 8, 1982 at
Deed Book "X," Vol. 29, page 877, conveyed to Wayne R. Taylor and Jean K. Taylor, l
plaintiffs.
A title worksheet setting forth the dates and recording information for prior
deeds back to the title of Charles C. Swarner, is set forth as Exhibit B which is
attached hereto and made a part hereof.
5. Defendants were at all times herein mentioned, and still are, the owners
in fee simple of certain real property which abuts the above described property of
plaintiffs. Defendants' property is located at 720 Conodoguinet Avenue, in North
Middleton Township, Cumberland County, Pennsylvania, and is more particularly
described as set forth on Exhibit C which is attached hereto and made a part hereof.
6. The abstract of title on which defendants rely is as follows:
The said piece of property is Lot No. 42 and the eastern 10 feet of Lot 41 on the
plan of Lots as laid out by Charles C. Swarner, and as recorded in the Office of the
Recorder of Deeds for Cumberland County in Plan Book 2, Page 38, and which Elnora
E. Paul and Corey Paul, by deed dated January 27, 1984, and recorded in the said
Office on March 13, 1984, at Deed Book "0," Vol. 30, page 1174, conveyed to Anthony
G. Cardone and Francine A. Cardone, defendants.
A title worksheet setting forth the dates and recording information for prior
deeds back to the title of Charles C. Swarner, is set forth as Exhibit D which is
attached hereto and made a part hereof.
7. The above described properties of the parties abut each other. The
property of plaintiffs is referenced as "Recreation Ground" in the description of
defendants' property.
8. As reflected on the title worksheets set forth as Exhibit B, and Exhibit
D, the titles of the two properties have a common source, Deed Book "I;" Volume 9,
Page 86.
9. The properties of the parties are both identified on the said plan of C.C.
Swarner, the best photocopy of which is set forth and made a part hereof as Exhibit
E hereto.
10. In or about November 1998, defendant Cardone contacted plaintiff Taylor
and advised him that defendant was repairing his septic system and needed to put dirt
on plaintiffs' property adjacent to defendants' land, but that Cardone would clean it
up. Taylor did not object.
11.' Shortly thereafter, Taylor observed piles of stone on his land and
excavation of land and the disturbance of his property beyond the placement of dirt
to which he had consented. Taylor questioned Cardone as to what he was doing as it
appeared that Cardone was encroaching upon Taylor's property. Cardone again
advised plaintiff that all he was doing was repairing his septic system which was
located on defendants' property and that Cardone was not extending the septic system
or drain field onto land of plaintiffs.
j 12. Based on his observation of the property and the work being performed,
Taylor believes and therefore avers that Cardone was in fact doing more than repairing
his own existing septic system, and was extending the system and drain field onto
defendants' property.
! 13. Taylor contacted the North Middleton Township sewer inspector and
questioned the right of Cardone to extend his septic system or drain field on to
11 plaintiffs' property. Taylor was advised that Cardone had obtained a permit to repair
an existing septic system and that Cardone had assured the inspector that the system
did not extend on to plaintiffs' property, that the property in question in fact belonged
a
to Cardone.
14. The inspector advised that in the absence of a survey, the Township
would rely on the representation that the septic system and drain field were on the
property of Cardone, not on the property of plaintiffs.
15. In or about December 1998, Taylor, wrote to Cardone and advised him
that he knew the septic system or drain field was partly on the property of plaintiffs
and that plaintiff would expect payment for the use of his property or would proceed
to dig up his property where plaintiff believed the septic was located. A photocopy of
the letter which was sent to defendant by certified mail is attached hereto and made
a part hereof as Exhibit F.
16. Taylor hired Dick Whisler and arranged for the property on his side of
the boundary line to be dug up by a backhoe. On or about April 5, 1999, Taylor
proceeded to a part of his property adjacent to the property of defendants' with the
backhoe and Ronald Armolt, an operator employed by nick Whisler. As Taylor and
Armolt approached the property line, they observed Cardone at the back window of his
house which faces the property line. Cardone had a rifle or a shot gun and advised
Taylor to leave his property. Taylor asserted it was his property, not Cardone's.
17. Shortly thereafter, a North Middleton Township police officer and the
septic inspector arrived on the scene. After discussion, Taylor was advised against
digging on his own land until he was able to prove that he was the owner of the
property where he intended to dig.
18. By letter dated January 11, 1999, from attorney Jane Adams, Esquire,
Taylor was advised that Cardone believes that his building addition and primary septic
system are within his property line and do not encroach upon plaintiffs' property. A
photocopy of the letter is attached hereto and made a part hereof as Exhibit G.
19. Taylor avers that the said building addition and septic system of
defendants are upon the property of plaintiffs and that defendants have appropriated
such property of plaintiffs and are holding, using and enjoying the said property of
plaintiffs, and preventing plaintiffs from coming upon and using the land.
20. In or about April 1999, plaintiff contacted Steve Fisher, of Fisher,
Mowery, Rosendale & Associates, licensed surveyors, and requested that a survey be
done of the property to confirm that Cardone was encroaching on plaintiffs' land.
21. Mr. Fisher advised plaintiff to obtain permission of defendants to do a
survey.
22. On April 26, 1999, defendant's counsel, Jane Adams, E squire, was
contacted by plaintiffs' undersigned counsel with the request that Cardone grant the
surveyor permission to come on the property of defendants, as needed, for the purpose ?-
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of doing a survey in order to attempt to resolve the dispute between the parties.
Attorney Adams advised that she would recommend that Cardone grant the permission
sought. A photocopy of a letter confirming the conversation between counsel is
attached hereto and made a part hereof as Exhibit H.
23. On or about May 3, 1999, Jane Adams advised plaintiffs' counsel that her
client would not give permission to the surveyor to enter on his property in the course
of performing a survey of the property.
COUNT NO. 1 - IN EJECTMENT
24. Plaintiffs incorporate herein by reference the above numbered paragraphs
as though set forth in full.
25. Defendants are wrongfully and without permission of plaintiffs
encroaching upon the property of plaintiffs and have taken possession thereof. As a
result of defendants' wrongful possession of plaintiffs' land, plaintiffs have been
deprived of their enjoyment of their property and have been put to expense and
inconvenience.
26. Plaintiffs believe and therefore aver that Cardone has wrongfully
appropriated plaintiffs' land by extending his septic system and drain field onto the
park land of plaintiffs, interfering with Taylor's right to come upon and use his land,
by causing damage to the soil, and the possibility of run off into the Creek which is
fronted by plaintiffs' property.
27. Defendants had actual knowledge of plaintiffs' rights, title and interest
to the property appropriated. Defendants do not now have, nor have they ever had,
any claim of title to the property appropriated.
WHEREFORE, plaintiffs ask this Court: to direct defendants to immediately
return possession of the land to plaintiffs; to remove any septic system or drain field
located on it; to restore the property to the condition before any work was done on it
by defendants including the relocation as may be necessary of any septic system or
drain field placed upon the property; to enjoin defendants from any further
encroachment upon plaintiffs' property; and to grant plaintiffs such other relief as this
Court may deem proper and just.
COUNT NO. 2 - ACTION TO QUIET TITLE
28. Plaintiffs incorporate herein by reference the above numbered paragraphs
as though set forth in full.
29. Defendants have asserted rights, title and interests in the
property behind their dwelling at 710 Conodoguinet Avenue, North Middleton
Township, Pennsylvania, inconsistent with plaintiffs' title to the property pursuant to
their deed of October 8, 1982 as recorded in Cumberland County at Deed Book '%,"
page 877.
WHEREFORE, plaintiffs ask this Court in the alternative, if it shall determine
that an action in ejectment is not available to plaintiffs, to determine the right title
and interest of plaintiffs to the property presently claimed by defendants wherein the
septic system and drain field have been located by Cardone, and to compel defendants
to admit the invalidity of their claim under the existing deed or otherwise to the said
property, and to grant such further relief as this court may deem proper and just.
COUNT NO. 3 - COUNT IN TORT
30. Plaintiffs incorporate herein by reference the above numbered paragraphs
as though set forth in full.
31. Cardone, in making improvements to Defendants' property, negligently
or intentionally encroached upon property owned by plaintiff and caused damage
thereto by disturbing the park like nature of the property and installing thereon a
septic system, without approval or permits for the placement of same in plaintiff's
creek front lands.
32. Cardone, by actions, interfered with Taylor's right to peaceably enjoy his
land and to dig or excavate thereon.
33. Defendants unlawful trespass upon plaintiffs land is continuing.
34. By their continuing trespass, defendants have interfered with plaintiffs'
quiet and peaceable possession of their property and have caused them injury and
expense.
35. On account of defendants' ongoing trespass, plaintiffs have been injured
and have suffered damages in excess of Ten Thousand Dollars.
WHEREFORE, plaintiffs ask this Court to award them damages in excess of
Ten Thousand Dollars and to grant such further relief as this court may deem proper
and just.
Respectfully submitted,
BY: An ea C. ,Jacobsen, Esq.
JACOBS & MILKES
52 East High Street
Carlisle, PA 17013
(717) 249-6427
(717) 249-8427 Fax
Attorney No. 20952
Exhibit A
Property of Plaintiffs known as 610 Conodoguinet Avenue, Carlisle, North Middleton
Township, PA:
ALL that certain tract of land situate in North Middleton Township,
Cumberland County, Pennsylvania, bounded and described as follows:
{ BEGINNING at a point in the intersection of Township Road No. 484 and
Conodoguinet Avenue; thence in Conodoguinet Avenue, South 67 degrees 9 minutes
6 seconds East 267.97 feet to a point; thence by the same, South 70 degrees 23 minutes
9 seconds East 63.39 feet to a point; thence South 16 degrees 00 minutes 24 seconds
West 175 feet to a point; thence South 72 degrees 6 minutes 57 seconds East 51.08 feet
to a point; thence South 72 degrees 52 minutes East 158.92 feet to a point; thence
North 88 degrees 30 minutes East 383.9 feet to a point; thence North 82 degrees 30
minutes East 40 feet to a point; thence North 70 degrees 30 minutes East 40 feet to
I a point; thence North 66 degrees East 80 feet to a point; thence North 58 degrees East
40 feet to a point; thence North 50 degrees East 40 feet to a point; thence North 45
degrees East 40 feet to a point; thence North 26 degrees 00 minutes 21 seconds East
360 feet, more or less, to a point; thence by land now or formerly of D. Bayer, South
63 degrees 59 minutes 39 seconds East 85 feet, more or less, to a point on the low
water mark of the North Bank of the Conodoguinet Creek; thence by the low water
} mark of North Bank of the said Creek, South 22 degrees 40 minutes West 388 feet,
I more or less, to a point; thence by the same, South 50 degrees West 253 feet to a point;
thence by the same, South 86 degrees 30 minutes West 500 feet, more or less, to a
point; thence by the same, North 65 degrees 51 minutes 21 seconds West 214.31 feet
to an iron pin; thence by the same, North 76 degrees 6 minutes 59 seconds West
377.07 feet to a point in the center of Township Road No. 484 aforesaid; thence by the
center of said Road, North 15 degrees 17 minutes 51 seconds East 31.7.72 feet to the
Place of BEGINNING; Containing 5.52 acres, more or less.
BEING Lot No. 2 on the Subdivision Plan of Forrest Husler, as recorded in the
Office of the Recorder of Deeds for Cumberland County in Plan Book 40, Page 70.
BEING part of the property which was conveyed to Forrest M. Husler and
{ Jeanette E. Husler, husband and wife, by R Ernest Miller, Widower, by deed dated
October 9, 1951, and recorded in the Office of the Recorder of Deeds for Cumberland
County in Deed Book "U," Vol. 14, page 413, and which the said Forrest M. Husler and
Jeanette E. Husler, by deed dated October 8, 1982, and recorded in the said Office on
October 8, 1982 at Deed Book "X," page 877, conveyed to Plaintiffs, Wayne R. Taylor
and Jean K. Taylor, husband and wife.
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Exhibit C
Property of Defendants known as 720 Conodoguinet Avenue, Carlisle, North Middleton
Township, PA:
ALL THAT CERTAIN messuage and tract of land situate in Meadow Brook
Park, North Middleton Township, Cumberland County, Pennsylvania, bounded and
described as follows:
BEGINNING at a point on the western line of Lot Number 43 and
Conodoguinet Avenue; thence along the western line of Lot Number 43, South 60
degrees 30 minutes East, one hundred seventy-five (175) feet to a point at the
southwestern corner of said Lot Number 43 and Recreation Ground; thence along the
northern line of said Recreation Ground, South 29 degrees 30 minutes West, fifty (50)
feet to a point; thence along lands now or formerly of Mary M. Hungate, North 60
degrees 30 minutes West, one hundred eighty (180) feet to a point on the southern line
of said Conodoguinet Avenue; thence along the southern line of said Conodoguinet
Avenue, North 51 degrees 32 minutes East, ten (10) feet to a point; thence still along
the southern line of said Conodoguinet Avenue, North 29 degrees 30 minutes East,
forty (40) feet to a point, the place of BEGINNING.
BEING Lot Number 42 and the eastern ten (10) feet of Lot Number 41, Section
2 of a Plan of Lots as laid out by Charles C. Swarner, said Plan being recorded in the
office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan
Book 2, Page 38, and having thereon erected a frame cottage and other improvements.
TOGETHER with and subject to the rights and restrictions and limitations set
forth in Deeds recorded in the hereinafter named Recorder's Office in Deed Book HP"
Volume 9, Page 246, and Deed Book "D," Volume 10, Page 390.
BEING the same premises which Harold M. Starry and Dorothy N. Starry,
husband and wife, by their Deed dated August 4, 1978, and recorded in the Recorder's
Office aforesaid, in Deed Book "Y," Volume 27, at Page 799, granted and conveyed unto
Elnora E. Wunder, and which the said Elnora E. Wunder, also known after marriage
as Elnora E. Paul, joined by her husband, Corey Paul, granted and conveyed to
Anthony G. Cardone and Francine A. Cardone, husband and wife, by their Deed dated
January 27, 1984 and recorded March 13, 1984, in the Record Office aforesaid at Deed
Book "0".
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16 DECEMBER 1998
TONY CARDONE,
IT HAS BEEN BROUGHT TO MY ATTENTION IN SPEAKING WITH NORTH
MIDDLETON TOWNSHIP THAT YOU OBTAINED A PERMIT TO "REPAIR"
YOUR EXISTING SEPTIC. ACCORDING TO THEIR RECORDS, YOU DID
NOT REQUEST PERMIS
SIGN OR A PERMIT TO RELOCATE OR EXTEND YOUR
SEPTIC SYSTEM TO INCLUDE THE DRAIN FIELD.
IT IS MY CONTENTION, HOWEVER, BASED ON EYE WITNESS ACCOUNTS
DURING YOUR DIGGING, MEASUREMENTS AND VIDEO TAPING THAT YOU HAVE
CROSSED THE BOUNDARY ONTO MY PROPERTY WITH BOTH YOUR SEPTIC
SYSTEM AND A PORTION OF THE BUILDING ADDITION YOU ARE ADDING ON.
I HAVE ALREADY ENGAGED THE ADVICE OF AN ATTORNEY AND AM PREPARED
TO PURSUE FURTHER LEGAL ACTION IF THIS IS DEEMED NECESSARY(
BECAUSE YOU HAVE EXTENDED ONTO MY PROPERTY, I WILL BE CHARGING
YOU A $200 A MONTH "RENTAL" FEE TO ALLOW YOUR "ADDITIONS" TO
STAND AS IS. THIS AMOUNT IS RETROACTIVE TO NOVEMBER 1998. THE
CHECK SHOULD BE SENT TO EITHER MYSELF, WAYNE R. TAYLOR, 610
CONODOGUINET AVE. OR MY DAUGHTER, TERRI WHITTEN, 630
CONODOGUINET. THE PAYMENT IS DUE IN ADVANCE THE FIRST OF EVERY
MONTH. IF I IN FACT DO NOT RECEIVE THIS "RENTAL" CHECK WITHIN
THE FIRST 10 DAYS OF EACH MONTH, I WILL BE INCLINED TO HAVE AN
EXCAVATOR POSITION A BACKHOE IMMEDIATELY ACROSS THE BOUNDARY LINE
ON MY PROPERTY DIRECTLY BEHIND YOUR HOUSE AND HE WILL START
DIGGING. SINCE YOU STATE YOUR SEPTIC IS NOT THERE, NOTHING
SHOULD BE DISTURBED OTHER THAN THE GROUND ON MY PROPERTY. THE
DECISION IS YOURS.
IF FURTHER LEGAL ACTION IS CONSIDERED
CONTACTING THE FLOOD COMMISSION, DER,
THAT IS ASSOCIATED WITH -PRESERVING THE
WAYNE R. TAYLOR, PROPERTY OWNER
NECESSARY, I WILL BE
AND ANY OTHER ORGANIZATION
FLOOD PLAIN.
IS -) CLL?m
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TANS ApAm
ATTORNEY AT LAW
II 7 SOUTH HANOVER STREET
CARU5LE. PA. 170 13
(717) 245.8508
(71 7) 245.8538 FAX
January 11, 1999
Wayne R. Taylor
610 Conodoguinet Ave.
Carlisle, Pa. 17013
Dear Wayne,
I am assisting Tony Cardone regarding allegations contained in your recent
correspondence. Mr. Cardone believes that his building addition and primary septic system are
within his property line and do not encroach on your property. However, only a certified
boundary survey could adequately address the encroachment which is alleged. Perhaps the
parties could arrange such a survey in the near future in order to resolve this issue.
My client is interested in maintaining his right to keep his drain field functional. The
drain field which allegedly overlaps on your property has been overtly used for more than twenty
years. Therefore, issues of Adverse Possession or other property law may be relevant. In any
event, my client does not feel that rent is rightfully due. In addition, if you begin excavating,
disrupt, or harm the existing septic system, he may seek restitution for the damages incurred.
Excavation within an established FEMA 100-year flood plane is a violation of federal,
state and municipal law. Should you remove or dump fill within the flood plane, the DEP, North
Middleton Township Codes Enforcement Officers, and Army Corps of Engineers will most
likely take steps to halt your activities.
Please contact me before any excavation is done so that any unnecessary damage or
misunderstanding may be avoided. Perhaps we could came to some sort of written agreement
and'amicably resolve these. issues. Please feel free to have your attorney contact meat your
convenience so that we can discuss this matter further.
'T'hank you for your kind attention to this matter.
Very truly yours,
Jane ams, Esquire
enclosure
?. ?1{ 13tT"
Samuel W Milkcs
Andrea C. Jacobsen
JACOBSENY & MILKES
52 Fast High Strect
Carlisle, PA 17013-3085
TO 717-249-6427
Fax 717.249-8427
Jane Adams, Esq.
117 South Hanover Street
Carlisle, PA 17013
April 26, 1999
Re: Tony Cardone and Wayne Taylor
Dear Jane:
VIA FAX 717 245.8538
This will follow up our conversation of this afternoon in which I advised you
that I have been contacted b
himself and y Wayne Taylor in regard to the property dispute
your client, Tony Cardone. As I explained Mr. Mr. Taylor between
property surveyed in order to attempt to resolve th facts and
underlying the dispute . wishes to have the
Mowery, Rosedale & Associates, 8 Eas'he has arranged with Steve Fsher e of Fisher
asking that your client High Street, Carlisle, to do a survey
this purpose, grant the surveyor Hi Hi permission to come on to his propeWe are
y for
You indicated that you would recommend permission. Please contact re mmend that
with your client and l as soon as Mr. Cardone grant us the
et me know if it is okay for the You have discussed this matter
e surveyor to proceed.
Thank you for your cooperation.
Acme
cc: Wayne Taylor
c0rrW426adam.tay
Sincerely,
JACOBSEN & MILKES
BY. dr a C. Jacobsen
tz -T- 11
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WAYNE R. TAYLOR and : IN THE COURT OF COMMON PLEAS
JEAN K. TAYLOR : OF CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFFS
V. : NO. 99 V
ANTHONY G. CARDONE and
FRANCINE A. CARDONE
DEFENDANTS
ORDER OF COURT IN RE:
PLAINTIFFS' PETITION FOR SPECIAL RELIEF
AND NOW, this 8'h day of < tc.-, .eJ 1999, upon presentation and
consideration of Plaintiffs' Petition for Special Relief, a Rule is issued upon the
Defendants to show cause why the relief requested should not be granted, and why
defendants should not be directed to permit Steven Fisher, or other licensed surveyor
nominated by plaintiffs, to enter upon the defendants land as necessary to survey and
mark the boundary of the property line between the adjacent properties of the parties
in North Middleton Township, Cumberland County, Pennsylvania.
This Rule is returnable at a hearing to be held the 9rs day of
iu ?f.. 1999, Courtroom No. Cumberland County Courthouse,
i ;
Carlisle, Pennsylvania, _ r)7
By the Court
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WAYNE R. TAYLOR and IN THE COURT OF COMMON PLEAS
JEAN K. TAYLOR OF CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF'S
V. NO. 9 %. x;3;.52 (1 T u,
ANTHONY G. CARDONE and
FRANCINE A. CARDONE
DEFENDANTS
PETITION FOR SPECIAL RELIEF
AND NOW COME, Wayne R. Taylor and Jean K. Taylor, plaintiffs in the above
action, petitioner herein, by and through counsel, Andrea C. Jacobsen, JACOBSEN &
MILKES, and petition this Court to enter an Order, directing the defendants to allow
Steve Fisher, Licensed Surveyor, the right to enter upon the land of defendants, as
necessary, to survey and mark the boundary of the propertyy line between the lands
of the parties, for the following reasons:
1. The parties in this matter are the owners of record of certain tracts of
land more fully described in the Complaint in this matter filed in this Court this date
to the above caption.
2. Plaintiffs assert that defendants have encroached upon and appropriated
plaintiffs' land and have placed a septic system and drain field upon plaintiffs'
premises without permission or right.
3. Defendants have asserted title to the property of plaintiffs where the
septic system and building addition are located.
4. Plaintiffs seek to have a survey done of the property line between the
lands of the parties to document the fact of their title and to establish the fact of
defendants' encroachment and appropriation.
5. Defendant Anthony Cardone has refused the request of plaintiffs to allow
surveyor, Steve Fisher, to enter upon their property, as necessary, to complete such
a survey.
WHEREFORE, plaintiffs ask this Court to:
a. grant the plaintiffs special relief in the form of an Order directing the
defendants to show cause why they should not be ordered to allow Steve Fisher,
Licensed Surveyor, the immediate right to enter upon the land of defendants, as
necessary, to survey and mark the boundary of the property line between the lands of
the parties;
b. and to grant such further relief as this Court may deem proper and
just.
Respectfully submitted,
DATE:
52 East High Street
Carlisle, FA 17013
(717) 249-6427
(717) 249-8427 Fax
Attorney No. 20952
C.
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CASE NO: 1999-03352 P
SHERIFF'S RETURN - REGULAR
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TAYLOR WAYNE R ET AL
VS.
CARDONE ANTHONY G ET AL
RICHARD SMITH Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT was served
upon CARDONE ANTHONY G the
defendant, at 1424:00 HOURS, on the 17th day of June
1999 at 720 CONODOGUINET AVENUE
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to ANTHONY CARDONE
a true and attested copy of the COMPLAINT
together with NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
18.00 So answers.
3.10
.00
8.00 o s i e i
$2?)..LU_0 COOBSEN
6/18/199
by
Sworn and subscribed to before me
this If E' day ofC?
1999 A. D.
?P ono?axyl -
?
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-03352 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TAYLOR WAYNE R ET AL _
VS.
CARDONE ANTHONY G ET AL
RICHARD SMITH Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within COMPLAINT was served
upon CARDONE FRANCINE A _ the
defendant, at 1424:00 HOURS, on the 17th day of June
1999 at 720 CONODOGUINET AVENUE
CARLISLE, PA 17013 CUMBERLAND
County, Pennsylvania, by handing to ANTHONY CARDON, ADULT IN
a true and attested copy of the COMPLAINT
together with NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs. So answers;.
Docketing 6.00 ? 7 -';
Service .00
' .?'-err r.sy?
Affidavit .00
e ^ - E'
Surcharge 8.00 omas ine, eri
$74U0 -JA OBSEN AND MILKES
0618/1999
by %
i
Pu Y ri
Sworn and subscribed to before me
this Jd'C day of
19 91 A.D.
LL. . ?u Fro?Ii oFa3
WAYNE R. TAYLOR and IN THE COURT OF COMMON PLEAS
JEAN K. TAYLOR OF CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFFS
V. NO. 99-3352 -Civil
ANTHONY G. CARDONE and
FRANCINE A. CARDONE
DEFENDANTS
STIPULATION
AND NOW Wayne R. Taylor and Jean K. Taylor, plaintiffs, by their counsel,
Andrea C. Jacobsen, Esq., JACOBSEN & MILKES, and Anthony G. Cardone and
Francine A. Cardone, defendants, by their counsel, Dale F. Shughart, Jr., Esq.,
stipulate and agree as follows:
1. On June 3, 1999, plaintiffs filed the Complaint in this matter along with
a Petition for Special Relief requesting an Order directing defendants to allow a
surveyor to enter upon defendants' land, as necessary, to determine the property line
between the lands of the parties.
2. Defendants hereby agree that Steven Fisher, Licensed Surveyor, (Fisher)
may enter upon their land, as necessary, and without any interference, to survey and
mark the boundary of the property line between the adjacent properties of the parties
in North Middleton Township, Cumberland County, Pennsylvania.
3. The parties agree to cooperate, as necessary, with the surveyor to permit
the timely and accurate completion of such survey.
4. The parties understand and agree that if defendants are not satisfied with
Fisher's determinations as to the location of the boundary and any "encroachment" as
may be identified by Fisher, defendants may hire a separate surveyor. In such event,
the parties agree to direct the surveyors to share information with each other in an
effort to reach agreement as to the location of the boundary based upon the legal
descriptions in the deeds of record and the physical survey of the property.
5. The parties agree that after the survey is completed by Fisher, a copies
of the survey will be distributed to the parties and counsel. Within twenty (20) days
after receipt of the completed survey from Fisher, plaintiffs will file an Amended
Complaint to more specifically aver the encroachment claimed.
6. The parties agree that defendants will respond to the Amended Complaint
within (20) days after the filing and service upon defendants' counsel of the Amended
Complaint.
7. The parties agree that defendants will not file a response to the original
Complaint.
8. The parties agree that plaintiff's Petition for Special Relief shall be
withdrawn and the hearing set thereon for July 9, 1999, shall be canceled.
9. This Stipulation is entered by counsel into with the knowledge and
approval of the parties.
BY: An ea . Jacobsen, Esq.
JACOBS & MILKES
Counsel for Plaintiffs
?/ lye
By: Dale hugh , Jr.
Attorney At Law
Counsel for Defendants
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