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Home My WebLink About99-04324i 1 :L r1 M T cl GARY L. PAXTON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. DONALD TRITT, BESSIE TRITT, NO. 99- ?y CIVIL TERM MARGUERITE McCULLOUGH, H.K. McCULLOUGH, their heirs, devisees, administrators, executors, successors : CIVIL ACTION - LAW and assigns, and any other person having or claiming any right, title, estate : or lien through or under the named : ACTION TO QUIET TITLE Defendants or in their own right, Defendants 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 of 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 (717) 249-3166 GARY L. PAXTON, Plaintiff V. DONALD TRITT, BESSIE TRITT, MARGUERITE McCULLOUGH, H.K. McCULLOUGH, their heirs, devisees, administrators, executors, successors and assigns, and any other person having or claiming any right, title, estate or lien through or under the named Defendants or in their own right, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- CIVIL TERM CIVIL ACTION - LAW ACTION TO QUIET TITLE COMPLAINT 1. The Plaintiff, Gary L. Paxton, is an adult individual and a resident at 180 Beetem Hollow Road, Newville, Penn Township, Cumberland County, Pennsylvania 17241. 2. The Defendants are individuals whose present whereabouts are unknown. Furthermore, the Plaintiff has no knowledge or information as to the whereabouts of the Defendants' heirs, devisees, administrators, executors, successors and assigns nor of any other unknown persons having or claiming any right, title, estate, lien, or interest through or under the named Defendants or in their own right. 3. The Plaintiff is the owner of several tracts of land in Penn Township, Cumberland County, Pennsylvania located at 180 Beetem Hollow Road, Penn Township, Cumberland County, Pennsylvania which is recorded in Deed Book Volume "V34", at Page 932 and more fully described as follows: TRACT NO. 1: BEGINNING at a stone at corner of Tract No. 2 and lands now or formerly of Norman Meals; thence North 4 degrees West 44.7 perches to a stone; thence by same North 86'/2 degrees East 23.5 perches to a stone; thence by land now or formerly of R. B. McCullough South 3'/2 degrees East 44 perches to a stone; thence along Tract No. 2 South 86'/2 degrees West 23.5 perches. CONTAINING 6 acres, 81 perches. TRACT NO. 2: BEGINNING at a corner of Tract No. 1 and lands now or formerly of Norman Meals; thence by Tract No. 1 and lands now or formerly of R. B. McCullough and Gaylord Seavers North 861/4 degrees East 77.3 perches to a stone; thence by lands now or formerly of J. Shannon South 14'/. degrees East 20 perches to a stone at comer of tract of land now or formerly of H. K. McCullough; thence South 81Yz West 80 perches to a stone; thence North 13% degrees West 12.1 perches; thence North 631/4 degrees East 3.1 perches; thence North 221/2 degrees West 7 perches to the place of BEGINNING. CONTAINING 10 acres. 4. The Plaintiff brings this action pursuant to Pennsylvania Rule of Civil Procedure 1061 at seq. providing any action to quiet title may be brought to determine "any right, lien, title or interest in the land or determine the validity or discharge of any document, obligation or deed affecting a right, lien, title or interest in land". 5. The premises which is the subject of this quiet title action is located in Penn Township, Cumberland County, Pennsylvania and is composed of one separate individual parcel which is not identified as a separate tax parcel on the Cumberland County Tax Maps nor is identified in the records of the Recorder of Deeds of Cumberland County, Pennsylvania after a thorough search. 6. The parcel at issue is a parcel of land situated in the Township of Penn, Cumberland County, Pennsylvania and is bounded on the North by lands now or formerly of Thomas Meals which land is more fully described in Deed Book 21, Volume "W", Page 1098, bounded on the East by lands more fully described in Deed Book 19, Volume "K", Page 409, and lands now of Gary L. Paxton, Plaintiff, comprised of two tracts and identified at the Deed Book and Page more fully described above. 7. The said parcel, which is identified as Parcel B on the enclosed Exhibit, Plaintiff believes and therefore avers, was inadvertently not transferred to him when he received the properties he currently owns at 180 Beetem Hollow Road, Newville, Penn Township, Cumberland County, Pennsylvania and therefore this action is brought to compel the execution of a deed by the Defendants to the Plaintiff or quiet title in Plaintiff pursuant to law. 8. Plaintiff has been, by himself and his predecessors in interest, in the actual, exclusive, continuous, visible, notorious and adverse possession of the property above described continuously for a period in excess of 21 years prior to the filing of this complaint, claiming to own the same in fee against the whole world. 9. On or about October 29, 1990, Plaintiff acquired the above property from it predecessors and interests. 10. Since that time, Plaintiff has been in exclusive and continuous possession of the property. 11. Defendants may claim and assert an interest or interest therein adverse to the Plaintiff, however these claims are without any right whatsoever, and the Defendants have no estate, right, title or interest whatsoever in the above referenced property or any part thereof. WHEREFORE, Plaintiff requests that this Court order Defendants, their heirs and assigns, to bring any and all defenses to this action within 30 days after the entry of any order pursuant to Pennsylvania Rule of Civil Procedure 1061 et seq., be forever barred from asserting any right, claim, lien, title, or interest to said parcel, inconsistent with the interests of Plaintiff and to execute a deed in favor of the Plaintiff granting to him full right, title and interest in the said real estate. 7l! eel? Date Respectfully Submitted TURO LAW OFFICES kl?4 Ron Turo, Esquire 32 South Bedford Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff 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 to unsworn falsification to authorities. Y/ 7 Date Gary L. Paxton y' Cl) 4 •• ? V v? 1- \w\?yN\I V GARY L. PAXTON, Plaintiff V. DONALD TRITT, BESSIE TRITT, MARGUERITE MCCULLOUGH, H.K. McCULLOUGH, their heirs, devisces, administrators, executors, successors and assigns, and any other person having or claiming any right, title, estate or lien through or under the named Defendants or in their own right, Defendants TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- CIVIL TERM CIVIL ACTION-LAW ACTION TO QUIET TITLE PRAECIPE Please reinstate the complaint in the above-captioned matter on behalf of the Plaintiff. Date Ron Turo, Esquire 32 South Bedford Street rlis e, PA 17013 (717 245-9688 Attornev for Plaintiff ?- , , ?_- ?, _ _ ??.?. ? _. ?:; '. ?. ?. ? ... , ? ; . ..,