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SCOTT W. SHREFFLER and
KAREN E. SHREFFLER, his wife,
Plaintiffs
V.
VINCENT A. FARABAUGH and
GLORIA J. FARABAUGH, his
wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- "]oZJV 6ut(Q-!ti-Lh)
. CIVIL ACTION - EJECTMENT
NOTICE
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by
attorney and filing in writing with a 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, Pennsylvania 17013
(717) 249-3166
LAW OFFICES
SNELSAKER.
BRENNEMAN
& SPARE
SNELBAKEERR BRENNEMAN & SPARE, P. C.
By:
Attorneys for Plaintiffs
SCOTT W. SHREFFLER and
KAREN E. SHREFFLER, his wife,
Plaintiffs
V.
VINCENT A. FARABAUGH and
GLORIA J. FARABAUGH, his
wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99- 11.153 Cfui! ?cc.
CIVIL ACTION - EJECTMENT
COMPLAINT
Plaintiffs Scott W. Shreffler and Karen E. Shreffler, by
their attorneys, Snelbaker, Brenneman & Spare, P. C. bring this
Complaint against Defendants as follows:
BACKGROUND
LAW OFFICES
SNELSAKER,
BRENNEMAN
& SPARE
1. Plaintiffs Scott W. Shreffler and Karen E. Shreffler,
his wife, are adult individuals residing at 63 South 36th
Street, Camp Hill, Cumberland County, Pennsylvania.
2. Defendants Vincent A. Farabaugh and Gloria J.
Farabaugh, his wife, are adult individuals residing at 69 South
36th street, Camp Hill, Cumberland County, Pennsylvania.
3. Plaintiffs are the owners of a certain tract or parcel
of land located in Hampden Township, Cumberland County,
Pennsylvania, improved by a residential dwelling and commonly
known and numbered as 63 South 36th Street, Camp Hill
(hereinafter referred to as "Plaintiffs, Premises"), which is
more fully described in the legal description attached hereto
and incorporated by reference herein as "Exhibit All,
4. Plaintiffs acquired fee simple title to the premises
described in Paragraph 3, above, by special warranty deed dated
June 16, 1997 and recorded June 19, 1997 in the Office of the
Recorder of Deeds for Cumberland County, Pennsylvania in Deed
Book 159, Page 752.
5. Defendants are the owners of a tract or parcel of land
commonly known as 69 South 36th Street, Camp Hill, Pennsylvania,
which property is more fully described in a deed dated November
11, 1991 and recorded November 13, 1991 in the Office of the
Recorder of Deeds for Cumberland County, Pennsylvania in Deed
Book "J", Volume 35, Page 839 (hereinafter referred to as
("Defendants' Premises").
6. Plaintiffs' Premises and Defendants' Premises share a
commonly boundary line, which boundary line runs in an east-west
direction (hereinafter the "common boundary line").
7. An abstract of the title noting the common source of
the adverse titles of the parties is attached hereto and
incorporated by reference herein as "Exhibit B".
COUNT I - EJECTMENT
8. The averments of Paragraphs 1 through 7 of this
Complaint are incorporated by reference herein.
9. Since the time of Plaintiffs' ownership of Plaintiffs'
Premises, Defendants have maintained a chain link fence which
LAW OFFICES
SNELEAKER. encroaches onto Plaintiffs' Premises for a distance of
BRENNEMA14
& SPARE
-2-
approximately five feet across the common boundary line.
10. Since the time of Plaintiffs' ownership of Plaintiffs'
Premises, Defendants have effectively blocked Plaintiffs' access
to the southern most portion of Plaintiffs' Premises by
maintaining the fence more fully referenced in Paragraph 9,
above.
11. Since the time of Plaintiffs' ownership of Plaintiffs'
Premises, Defendants have refused and denied Plaintiffs access
on and to property owned by Plaintiffs which is located behind
(east of) the fence maintained by Defendants and encroaching on
Plaintiffs' Premises.
12. Since the time of Plaintiffs' ownership of Plaintiffs'
Premises, Defendants have refused and denied Plaintiffs access
on and to property owned by Plaintiffs for purposes of
maintaining a fence located on Plaintiffs' Premises.
13. Since the time of Plaintiffs' ownership of Plaintiffs'
Premises, Defendants have exercised and continue to exercise
exclusive possession and control of the portion or area of
Plaintiffs' Premises defined by and bounded by the common
boundary line and the fence erected on Plaintiffs' Premises.
14. Plaintiffs have the right to immediate and exclusive
possession of their property and Plaintiffs' Premises up to the l,,'
common boundary line.
15. Defendants have failed and refused to remove the chain
LAW OFFICES
SNELBAKER. link fence from Plaintiffs' Premises.
BRENNEMAN
& SPARE II -3-
WHEREFORE, Plaintiffs request this Court to:
(a) enter judgment in favor of Plaintiffs and against
Defendants for possession of the real property more
fully described in Paragraph 13, above;
(b) enter an order directing Defendants to remove the
chain link fence and any other obstacles, property,
improvement and/or fixtures placed by them on
Plaintiffs' Premises; and
(c) enter an order permitting the placement of iron pins
or other monuments along the common boundary line so
that Defendants and their successors in title will
have knowledge of and a visible reference to the
common boundary line between the properties.
COUNT II - TRESPASS
16. The averments of paragraphs 1 through 15 of this
Complaint are incorporated by reference herein in their
entirety.
17. As a result of maintaining the chain link fence on
Plaintiffs, Premises, Defendants have deprived Plaintiffs of the
use and enjoyment of their property to Plaintiffs' damage.
WHEREFORE, Plaintiffs request this Court to enter judgment
in favor of Plaintiffs and against Defendants for damages in an
amount not in excess of $25,000.00.
SNELBAKER, BRENNEMAN a SPARE, P. C.
By:
Keith 0. Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
LAW OFFICLS (717) 697-8528
SNELBAKER.
BRENNEMAN Attorneys for Plaintiffs
a SPARE Scott W. Shreffler and
Date: July 10, 1999 Karen E. Shreffler
II
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4 >0
Previous Image
Refilmed to Correct
Possible Error
EXHIBIT A
ALL THAT CERTAIN tract or parcel of land with improvements
thereon erected located in Hampden Township, Cumberland County,
Pennsylvania more particularly bounded and described as follows:
BEGINNING at a point on the Eastern side of 36th Street 212 feet
North of Northeast corner of 36th Street and Green Street (as
shown on the hereinafter mentioned Subdivision Plan, and
reference distance for said point of beginning is measured along
the Eastern side of the right of way for 36th Street, and said
point of beginning is also located on the common boundary line
between Lots Nos. 27 and 28, Block 0 of said Plan); thence
Northwardly along the same 65 feet to a point (as shown on the
hereinafter mentioned Subdivision Plan, said distance is
measured along a curve to the right having a radius of 278.69
feet); thence along Lot No. 29, Block O of said Subdivision Plan
South 62 degrees 12 minutes East 119.18 feet to a point; thence
along Lot No. 21, Block 0 of said Subdivision Plan South 24
degrees West 37.39 feet to a point; thence along Lot No. 27
Block O of said Subdivision Plan, North 75 degrees 34 minutes
West 117.82 feet to a point, the place of BEGINNING.
BEING Lot No. 28 Block 110" on the Plan of Lots known as Hampden
Gardens, said Plan being recorded in the hereinafter mentioned
Recorder's Office in Plan Book 5, Page 63.
HAVING THEREON erected a single family dwelling house with
mailing address of 63 South 36th Street, Camp Hill, PA 17011.
BEING the same premises which Patrick S. Kelley and Lisa K.
Kelley, formerly Lisa K. Good, by their deed dated June 16, 1997
and recorded June 19, 1997 in the office of the Recorder of
Deeds in and for Cumberland County, Pennsylvania in Deed Book
159, Page 752 granted and conveyed unto Scott W. Shreffler and
Karen E. Shreffler, his wife.
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
EXHIBIT B
CHAIN OF TITLE: 63 South 36th Street, Camp Hill, Pennsylvania
1. Deed Reference: Deed Book 159, Page 752
Grantors/Grantees: Patrick S. Kelley and Lisa K. Good
(Kelley) to Scott W. Shreffler and Karen E. Shreffler
Date: June 16, 1997
Date of Recording: June 19, 1997
2. Deed Reference: Deed Book IIXII, Volume 35, Page 509
Grantors/Grantees: James Edward May and Yvonne Mae May
to Patrick S. Kelley and Lisa K. Good (Kelley)
Date: September 30, 1992
Date of Recording: October 2, 1992
3. Deed Reference: Deed Book IIHII, Volume 24, Page 425
Grantors/Grantees: Ronald L. Seig and Shirley M. Seig to
James Edward May and Yvonne Mae May
Date: September 22, 1971
Date of Recording: September 23, 1971
4. Deed Reference: Deed Book IIPII, Volume 21, Page 113
Grantors/Grantees: Robert G. Olson and Helen M. Olson
to Ronald S. Seig and Shirley M. Seig
Date: May 19, 1965
Date of Recording: May 20, 1965
5. Deed Reference: Deed Book "EII, Volume 16, Page 266
LAW OFFICES Grantors/Grantees: Joseph A. Wagner and Rhoda E. Wagner
SNELSAKER. to Robert G. Olson and Helen M. Olson
BRENNEMAN
a SPARE
II Date: December 31, 1954
Date of Recording: January 5, 1955
6. Deed Reference: Deed Book "A", Volume 15, Page 399
Grantors/ Grantees: Leroy A. Kohler and S. Johanna Kohler
to Joseph A. Wagner and Rhoda E. Wagner
Date: July 21, 1953
Date of Recording: July 22, 1953
(common Grantor)
CHAIN OF TITLE: 69 South 36th Street, Camp Hill, Pennsylvania
1. Deed Reference: Deed Book 35, Volume "J", Page 839
Grantors /Grantees: Ben L. Brenneman to Vincent A. Farabaugh
and Gloria J. Farabaugh
Date: November 11, 1991
Date of Recording: November 13, 1991
2. Deed Reference: Deed Book 35, Volume "I", Page 341
Grantors/ Grantees: Robert W. Kissinger and Gwen C.
Kissinger to Ben L. Brenneman
Date: September 30, 1991
Date of Recording: October 2, 1991
3. Deed Reference: Deed Book 33, Volume "Z", Page 253
Grantors/ Grantees: Janet M. Witmer, single woman to
Robert W. Kissinger and Gwen C. Kissinger
Date: May 29, 1989
Date of Recording: June 2, 1989
4. Deed Reference: Deed Book 31, Volume "Z", Page 585
Grantors/ Grantees: Leon F. Comer and Cynthia C. Comer
to Janet F. Witmer
LAW OFFICES
BRENNEMAI Date: June 29, 1986
& SPARE
Date of Recording: July 1, 1986
5. Deed Reference: Deed Book 31, Volume "C", Page 859
Grantors/ Grantees: Frances A. Hancock, widow to
Leon F. Comer and Cynthia C. Comer
Date: February 15, 1985
Date of Recording: February i9, 1985
6. Deed Reference: Deed Book 18, Volume "Q", Page 159
Grantors/ Grantees: Ronald L. Winters and Betty L. Winters
to Frances A. Hancock and Gail L. Hancock
Date: August 22, 1958
Date of Recording: August 29, 1958
7. Deed Reference: Deed Book 15, Volume "Y", Page 367
Grantors/ Grantees: Joseph A. Wagner and Rhoda E. Wagner
to Ronald L. Winters and Becky L. Winters
Date: August 24, 1954
Date of Recording: August 27, 1954
S. Deed Reference: Deed Book "A", Volume 15, Page 399
Grantors/ Grantees: Leroy A. Kohler and S. Johannah Kohler
to Joseph A. Wagner and Rhoda E. Wagner
Date: July 21, 1953
Date of Recording: July 22, 1953
(Common Grantor)
LAW OFFICES
SNELOAKER.
BRENNEMAN
& SPARE
VERIFICATION
I verify that the statements made in the foregoing Complaint
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. §4904 relating
Ito unsworn falsification to authorities.
Date: 71101x,
;?SC' tAW. Schreffler
I verify that the statements made in the foregoing Complaint
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
are true and correct. 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: 1IIOI99
' Karen E: Shreffler
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SHERIFF'S RETURN - REGULAR
a r
CASE NO: 1999-04253 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHREFFLER SCOTT W ET AL
VS.
FARABAUGH VINCENT A ET AL
CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within NOTICE AND COMPLAINT IN was served
upon FARABAUGH VINCENT A the
defendant, at 17:17 HOURS, on the 22nd day of July
1999 at 69 S 36TH ST
CAMP HILL, PA 17011 CUMBERLAND
County, Pennsylvania, by handing to VINCENT A. FARABAUGH
a true and attested copy of the NOTICE AND COMPLAINT IN
together with EJECTMENT
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So answers-
18.00 9.30 y?vtdC
.00
8.00 F$ m s i e, eri
-SN LBA199, BRENNEMAN & SPARE '-
by
u y eri
v7 Sworn and,?/subscribed o before me
this 4t day of
i o Al. n n
SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04253 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SHREFFLER SCOTT W ET AL
VS.
FARNBAUGH VINCENT A ET AL
CPL TIMOTHY REITZ , Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within NOTICE AND COMPLAINT IN was served
upon FARABAUGH GLORIA J the
defendant, at 17:17 HOURS, on the 22nd day of July
1999 at 69 S 36TH ST
CAMP HILL, PA 17011 CUMBERLAND
County, Pennsylvania, by handing to GLORIA FARNBAUGH
a true and attested copy of the NOTICE AND COMPLAINT IN
together with EJECTMENT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00 So answers:
.00
8.00 R- T maeri
$14 --00-SN$LBP,KER BRENNEMAN & SPARE
07/23/1999
by
Pu Y
Sworn and subscribed? before me
this NA day of ( t t- Q
,. A
SCOTT W. SHREFFLER and
KAREN E. SHREFFLER, his wife,
Plaintiffs
V.
VINCENT A. FARABAUGH and
GLORIA J. FARABAUGH, his
wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4253 Civil Term
CIVIL ACTION - EJECTMENT
PRAECIPE
TO THE PROTHONOTARY:
Please mark the above-captioned case ended and discontinued
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
upon your docket and indices.
R, BRENNEMAN & SPARE, P. C.
SNELBAKVt&4406?
By: Keith O. Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiffs
Scott W. Shreffler and
Date: 7?j/ Karen E. Shreffler
'
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have,
on the below date, caused a true and correct copy of the
foregoing Praecipe to be served upon the person and in the manner
indicated below:
FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS:
Mr. and Mrs. Vincent A. Farabaugh
69 South 36th Street
Camp Hill, PA 17011
Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 West Main Street
P. 0. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiffs
Scott W. Shreffler and
Karen E. Shreffler
Date: q/Z/ /99
LAW OFFICES
SNELBAKER.
BRENNEMAN
a SPARE
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