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Home My WebLink About99-05201t t e 0 _o V .J w SHERIFF'S RETURN - REGULAR CASE NO: 1999-05201 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SPRING COURT CONDOMINIUM ET AL VS. PEIFER KEITH E 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 PEIFER KEITH E the defendant, at 17:00 HOURS, on the 30th day of August 1999 at 1450 MAIN STREET LISBURN, PA 17055 CUMBERLAND County, Pennsylvania, by handing to SAUNDRA M. PEIFER (WIFE) a true and attested copy of the COMPLAINT -QUIET TITLE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Soo answers,g Docketing 18.00 Service 9.30 j Affidavit .00 Surcharge 8.00 omas ine, eri SAI08/DIS, SNUFF & MASLAND 31/1999 by ?ePUUY Sner VLL Sworn and subscribed to before me this 3/-a-4- day of(:t 19 5 A. D. rocnonotary SHERIFF'S RETURN - REGULAR CASE NO: 1999-05201 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SPRING COURT CONDOMINIUM ET AL VS. PEIFER KEITH E 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 PEIFER SAUNDRA M the defendant, at 17:00 HOURS, on the 30th day of August 1999 at 1450 MAIN STREET LISBURN, PA 17055 CUMBERLAND County, Pennsylvania, by handing to SAUNDRA M. PEIFFER a true and attested copy of the COMPLAINT -QUIET TITLE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So anw l`J'' Docketing 6.00 ?? Service .00 Affidavit .00 Surcharge 8.00 omas ine, eri y$I4OII-SAZDIS, SHUFF & MASLAND 08/31/1999 by Seri Sworn and :subscribed to before me this J)/ day of 19 94 A. D. rocnonota SPRING COURT CONDOMINUM UNIT OWNERS ASSOCIATION as representative Of all Owners of units in the Spring Court Condominium, Plaintiff V. KEITH E. PEIFER and SAUNDRA M. PEIFER, husband And wife, Defendant(s) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-5201 PRAECIPE FOR DEFAULT JUDGMENT TO THE PROTHONOTARY: Please enter judgment by default in favor of the Plaintiff, Spring Court Condominium Unit Owners Association as representative of all Owners of units in the Spring Court Condominium and against the Defendant(s), Keith E. Peifer and Saundra M. Peifer, husband and wife, for failure to answer Complaint. A copy of the Ten (10) Day Notice under Rule 237.1 is attached hereto and marked as Exhibit "A'. Respectfully submitted, SAIDIS, SHUFF & MASLAND Dated: /V - 13 - 99' J na J. ly, Esquire West H gh Street Carlisle, PA 17013 (717) 243-6222 Attorney for the Plaintiff SAIDIS, GUIDO, 11 Prothonotary SHUFF & MASLAND AND NOW, this I5 day of(>- o, ; , 1999, a defaultjudgment has been entered in favor of the 26 w. Highsueet Plaintiff, Spring Court Condominium Unit Owners Association as representative of all Owners of units Carlisle, PA in the Spring Court Condominium and against the Defendant(s), Keith E. Peifer and Saundra M. Peifer, husband and wife, for failure to answer Complaint. Prothonot ry SPRING COURT CONDOMINIUM UNIT OWNERS ASSOCIATION as representative of all Owners of units In the Spring Court Condominium Plaintiff V. KEITH E. FEWER and SAUNDRA M. PEIFER, husband and wife, Defendant(s) TO: Keith E. Peifer 1450 Main Street Lisburn, PA 17055-5939 DATE OF NOTICE: September 27, 1999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5201 IN MORTGAGE FORECLOSURE IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: DFOPROV R INSURANCE - POSTMASTER Racermd Rom: SAIDIS, SHUFF & MASLAND 26 West High Street Carlisle Pennsylvania 17013-2?51 One piece of ominm mat addressed to'. Keith E. Peifer 1450 Main Street Lisburn. PA 17055-5939 Cumberland County Bar association 2 Liberty Avenue Carlisle, PA 17013 r t 36 tG x le 'ete in stamps o%„rmat stage and .•I.7 po m- quire of current Sa' , Esq e F i8 o for the Plaintiff i r ;; •' SHUFF & MASLAND S High Street PA 17013 3.6222 !t! J PS Form 3817, Mar. 1989 SPRING COURT CONDOMINIUM UNIT OWNERS ASSOCIATION as representative of all Owners of units In the Spring Court Condominium Plaintiff V. KEITH E. PEIFER and SAUNDRA M. PEIFER, husband and wife, Defendant(s) TO: Saundra M. Peifer 1450 Main Street Lisburn, PA 17055-5939 DATE OF NOTICE: September 27, 1999 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5201 IN MORTGAGE FORECLOSURE IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: FOR INSURANCE - Recenedl SAUDIS, SHUFF & MASLAND - 26 West High Street - Carlisle Pennsylvania 17013-2956 One *W of ordinary mail addressed to Saundra M. Peifer 1450 Main Street Lisburn, PA 17055-5939 PS Form 3817, Mar. 1989 Cumberland County Bar association 2 Liberty Avenue Carlisle, PA 17013 X717 - 9A0 - @166 r? ,r -rs t._ ' ::. Q .. Lam' . r?ril I1! mps and , of :X f _ 1. Saidjs squire t 58 I for the Plaintiff / SHUFF & MASLAND I High Street , PA 17013 13-6222 X11 C. ? L1 CJ Cl( o- ri a a V 7 SPRING COURT CONDOMINIUM UNIT OWNERS ASSOCIATION as representative of all Owners of units in the Spring Court Condominium, Plaintiff V. KEITH E. PEIFER and , SAUNDRA M. PEIFER, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION TO QUIET TITLE CIVIL ACTION - LAW No. 99-5201 ORDER AND NOW, this JT day of November 1999, it is ordered directly as follows: (a) The Defendants' right to convert convertible real estate within the Spring Court Condominium which was created by Declaration Creating and Establishing Spring Court Condominium. recorded October 17, 1986 in the Office of the Recorder of Deeds in and for Cumberland County in Miscellaneous Book 324, Page 775 lapsed on October 17, 1989. (b) All land within the Spring Court Condominium that was SAIDIS, GUMO, SHUFF & MASLAND 26 W. High Street Carlisle, PA not converted into units on or before October 17, 1989 constitutes common elements in which the unit owners of Spring Court Condominium own an undivided interest. (c) The legal description, of the land affected by this Order is as follows: ALL THAT CERTAIN tract of land located in South Middleton Township, Cumberland County, Pennsylvania, more fully described as follows: BEGINNING at a point on the northern right of way of First Street, a common corner of other lands of Spring Court condominium and the lands herein described; thence along said other lands North 01 degrees 53 minutes it seconds West 124.13 feet to a point at the lands now or formerly of Barry L. Schmiedel; thence along said point at the lands now or formerly of Preston A. Troupe; thence North 73 degrees 45 minutes 48 seconds East 250.08 feet to a point at the lands now or formerly of Alvie E. Johnson; thence along said lands South 80 degrees 38 minutes 37 seconds East 150.00 feet to a point on the western right of way line of Ridge Road; thence along said right of way line South 09 degrees 21 minutes 23 seconds West 159.93 feet to a point on the northern right of way line of First Street; thence along said right of way line South 88 degrees 06 minutes 49 seconds West 457.22 feet to a point on the northern right of way line of First Street, the point and place of BEGINNING. BEING the same premises which H. Robert Davis, Richard E. Barrett, and Norman J. Dellinger, by their deed dated October 24, 1985, and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Deed book "O", Volume 31, Page 566, conveyed to Keith E. Peifer and Saundra M. Peifer, his wife, Declarants herein. (d) The Defendants are barred from asserting any right, SAUDIS, GUIDO, SHUFF & MASLAND 26 W. High Stmt Cw isle, PA title or interest in any portion of the Spring Court Condominium, and the Recorder of Deeds is directed to index this Order against the Defendants as Grantors and to the Plaintiff as Grantee and this Order shall be noted on the margin of the record of the Deed dated November 1, 1985 from Richard E. Barrett, Norman J. Dellinger and H. Robert Davis to the Defendants which Deed is recorded in Deed Book "0", Volume 31, Page 566 and further on the margin of the Declaration Creating and Establishing Spring Court Condominium recorded in Miscellaneous Book 324 at Page 775. BY THE COURT, J. Novanber 17, 1999, Final Judgment is hereby entered in favor of the Plaintiff and against the Defendants. is R. Long, Prothono ry SAIDIS, GUIDO, SHUFF & MASLAND 26 W. High Sueel Carlisle. PA SPRING COURT CONDOMINIUM UNIT OWNERS ASSOCIATION as representative of all Owners of units in the Spring Court Condominium, Plaintiff V. KEITH E. PEIFER and SAUNDRA M. PEIFER, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ACTION TO QUIET TITLE CIVIL ACTION - LAW No. 99-5201 PETITION FOR AN ORDER PURSUANT PA. R.C.P. 1066 AND NOW, comes the Plaintiff, Spring Court Condominium Unit Owners Association and petitions your Honorable Court as follows: (1) Petitioner is the Plaintiff in the above-captioned Action to Quiet Title and hereinafter referred to as "Plaintiff" (2) The Plaintiff filed this Action to Quiet Title on August 25, 1999. (3) The Sheriff of Cumberland County personally served the Defendants with the Complaint on August 30, 1999. (4) The Complaint which was served, contained a notice to defend and the Defendants have not filed an Answer. (5) On September 27, 1999, the Plaintiff mailed to the Defendants, the notice required pursuant to Pa. R.C.P.237.1. (6) On October 15, 1999, the Plaintiff filed a praecipe SAUDIS, GUUDO, SNUFF & for entry of a default judgement, which wa entered by the MASLAND 26 W. High Suut Prothonotary on October 15, 1999 to the above-captioned term and Carlisle, PA number. (7) Pa. R.C.P.1066 concerning Actions to Quiet Title provides in part as follows: (b) Upon granting the relief to the Plaintiff, the Court... (4) shall enter any other order necessary for the granting of proper relief. (8) The granting of proper relief requires that an order be entered in the Recorder of Deeds office, indexed with the Plaintiff as the Grantee and the Defendants as Grantors with a copy of the legal description of the land affected and setting forth the relief requested, all as more fully set forth in the proposed Order which is attached hereto. (9) As the Defendants have not entered an appearance in this matter and judgement was entered by default, no service of this Petition is required. WHEREFORE, Petitioner requests Your Honorable Court to enter an Order in the form attached hereto, pursuant to Pa. R.C.P.1066. Respectfully submitted, Robert C. Saidis, Esq. Attorney for Plaintiff SAIDIS, GUIDO, SNUFF & MASLAND 26 W. High Sheet Culisle, PA COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND ss I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATED: 117?f SPRING COURT CONDOMINIUM UNIT OWNERS ASSOCIATION k? ?`Uc B : Donna L. Whittlese RECEIVED NOV 0 9 10099 V SPRING COURT CONDOMINIUM UNIT OWNERS ASSOCIATION As representative of all Owners of units in the Spring Court Condominium, Plaintiff V. KEITH E. PEIFER and SAUNDRA M. PEIFER, husband and wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION • LAW No. 99-.JtiC/ ctW' 71 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 is 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 Court Administrator Cumberland County Courthouse South Hanover Street Fourth Floor Carlisle, PA 17013 (717) 240-6200 SAIDIS, SHUFF & MASLAND A771MKYS•AT•LAW 26 W. High Slreet Carlisle, PA SPRING COURT CONDOMINIUM IN THE COURT OF COMMON PLEAS UNIT OWNERS ASSOCIATION As representative of all OF CUMBERLAND COUNTY, PENNSYLVANIA Owners of units in the Spring Court Condominium, Plaintiff V. CIVIL ACTION -LAW T KEITH E. PEIFER and No. 99-.5.2?? ?un-? /-?i..•, SAUNDRA M. PEIFER, husband and wife, Defendants ACTION TO QUIET TITLE COMPLAINT AND NOW, comes the plaintiff, Spring Court Condominium Unit Owners Association, by its attorneys, Saidis, Shuff & Masland, and states the following cause of action: 1. The Plaintiff is the Spring Court Condominium Unit Owners Association, an unincorporated association (the "Plaintiff"). The Plaintiff is the unit owners association created pursuant to the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. 3101 et seq. (the "Act") as the organization representing the unit owners of the Spring Court Condominium, a 6-unit condominium situate in South Middleton Township, Cumberland County, Pennsylvania (the "Condominium"). 2. Defendants are Keith E. Peifer and Saundra M. Peifer, husband and wife, who are adult individuals and reside at 1450 Main Street, Lisburn, Pennsylvania. 3. The Plaintiff is empowered to institute litigation in its own name on behalf of all unit owners in matters affecting the SAIDIS, Condominium, 68 Pa.C.S.A. 3302 (a) (4). S H U FF & 4. The Defendants purchased certain Real Estate consisting of MASLAND ATMIRPM•AMAW three acres, more or less, from Richard E. Barrett, Norman J. 26 W. High Street Carlisle, PA Dellinger and H. Robert Davis in South Middleton Township, Cumberland County, Pennsylvania by deed dated October 24, 1985 and recorded November 1, 1985 in Deed Book 31-0, Page 566 (the "Land"). A copy of the legal description is attached hereto, made a part hereof and marked Exhibit A. 5. On October 17, 1986, the Defendants recorded their Declaration Creating and Establishing Spring Court Condominium (the "Declaration") in which the Defendants acted as the Declarant and which was recorded in the Office of the Recorder of Deeds in Miscellaneous Book 324, Page 775. Pursuant to the Declaration, the Declarant submitted the Land and the buildings and improvements erected and to be erected thereon, and all easements, covenants, rights, and appurtenances thereto belonging, to the provisions of the Act. SAIDIS, SHUFF & MASLAND ATmeNevS•Ar•uw 26 W. High Street Carlisle, PA 6. The Condominium is a flexible condominium as defined in the Act. As such, a portion of the Land was designated in the Declaration as convertible real estate upon which the Declarant contemplated the erection of fifteen (15) additional units contained in three additional buildings. 7. The Declaration, at Paragraph 8.c, established a time limitation of three years after the recording date of the Declaration within which the Declarant could exercise its option to convert real estate to the Condominium. 8. On August 17, 1992 the Plaintiff acting as the Declarant recorded an Amendment of Declaration of Spring Court Condominium dated July 29, 1992 in the Office of the Recorder of Deeds of Cumberland County at Miscellaneous Book 424 page 1140 to correct several technical errors in the Declaration for the Condominium. 9. Pursuant to the Declaration the Declarant's right to convert the convertible real estate to units in the Condominium expired on October 17, 1989. 10. A portion of the convertible real estate had not been converted by the Declarant to units at the expiration of the Declarant's right to convert real estate to units on October 27, 1989 (the "Unconverted Real Estate"). The Unconverted Real Estate is the portion of the Land upon which the Declarant contemplated building Units 7 through 21 as shown on the Plan. Recorded in Plan Book 49, page 4. 11. The Unconverted Real Estate constitutes common elements under the Act and the Declaration, being a portion of the Condominium that is not a unit or units. Pursuant to 3208 of the Act and the Declaration, an undivided interest in the common elements of the Condominium is allocated to each of the units in the condominium. WHEREFORE, Plaintiff requests that this Court enter an order declaring that: a. The Declarant's right to convert convertible real estate within the Spring Court Condominium to units expired on October 17, 1989 b. All Land within the Spring Court Condominium that was not converted to units by October 17, 1989 constitutes common elements in which the unit owners of the Spring Court Condominium own an undivided interest. C. The Declarant is barred from asserting any right, lien, title or interest in any portion of the Spring Court Condominium; and d. Granting such other relief as may be just and equitable. Respectfully sub ted, Dated: C' 7 h By. c--Robert C. Saidis, Equire SAIDIS, SAIDIS, SHUFF & MASLAND S HUFF & MASLAND Supreme Court ID #21458 -LAW 26 26 West High Street W. Nigh 6. High Carlisle, PA Carlisle, PA 17013 Exhibit "A" ALL THAT certain tract of land located in South Middleton Township, Cumberland County, Pennsylvania, more fully described as follows: BEGINNING at a point on the northern right of way ci First Street, a common corner of other lands of Spring Court Condominium and the lands herein described; thence along said other lands North 01 degrees 53 minutes 11 seconds West 124.13 feet to a point at the lands now or formerly of Barry L. Schmiedel; thence along said lands North 88 degrees 06 minutes 49 seconds East 99.00 feet to a point at the lands now or formerly of Preston A. Troupe; thence North 73 degrees 45 minutes 48 seconds East 250.08 feet to a point at the lands now or formerly of Alvie E. Johnson; thence along said lands South 80 degrees 38 minutes 37 seconds East 150.00 feet to a point on the western right of way line of Ridge Road; thence along said right of way line South 09 degrees 21 minutes 23 seconds West 159.93 feet to a point on the northern right of way line of First Street; thence along said right of way line South 88 degrees 06 minutes 49 seconds West 457.22 feet to a point on the northern right of way line of First Street, the point and place of BEGINNING. BEING the same premises which H. Robert Davis, Richard E. Barrett, and Norman J. Dellinger, by their deed dated October 24, 1985, and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Deed Book "0", Volume 31, Page 566, conveyed to Keith E. Peifer and Saundra M. Peifer, his wife, Declarants herein. RECEIVEG - ?"' .. L .'sw, COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : ss I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of IS Pa. C.S. Section 4904, relating to unsworn falsification to authorities. SPRING COURT CONDOMINIUM UNIT OWNERS ASSOCIATION DATED : J g/9 9 y: Don a L. Whittlesbly Wro A w 0 o 0 z ° H Vin' F > tri ? Q ? y n< H •.1 G . y ?l a a;?nn fx?F 0 4 W N w o u a a ? J M) 0W hS i r ? [[[ ?? i i 4J F C O 4 Q F I H•. z O h w U 4J C W E W Q W 2 F i i Q iw a ro E C E A -I O J a'Z 7 O w W N C 0 ?I _gg 2 U O F i.. 0 0 c ?mm a 0? P4 O z ma<rs N > zu W ° s +-W m H O U) F4 E+ 4, F Q '^ C C W N 3 0 W v 1 W a Q N U F u? v?aou xa . ? r LO > _{.- _ ' 7 p V ? v 4 V ? e 1