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HomeMy WebLinkAbout01-6109LAW OFFICES SNELBAKER, BR£NNEMAN & SPARE SHERRY L. HUGHES, Plaintiff RONALD B. BLAUCH and GEORGIA L. BLAUC-H, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9i.b,16? 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 SNELBAKER, BRENNEMAN & SPARE, P. C. Attomeys for Plaintiff SNELBAKER. BRENNEMAN & SPARE SHERRY L. HUGHES, Plaintiff RONALD B. BLAUCH and GEORGIA L. BLAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - EJECTMENT COMPLAINT Plaintiff Sherry L. Hughes, by her attorneys, Snelbaker, Brenneman & Spare, P. C. bring this Complaint against the Defendants as follows: BACKGROUND 1. Plaintiff Sherry L. Hughes is an adult individual residing in Upper Allen Township, Cumberland County, Pennsylvania. 2. Defendants Ronald B. Blanch and Georgia L. Blauch, his wife, are adult individuals residing at 215 S. Broad Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff is the owner of a certain unimproved tract or parcel of land located in the Borough of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "Plaintiffs Premises") which is more fully described in the legal description attached hereto and ~ncorporated by reference herein as "Exhibit A". 4. Plaintiff acquired fee simple title to the Premises described in Paragraph 3, above, by special warranty deed dated and recorded April 13, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 210, Page 307. 5. Defendants are the owners ora certain tract or parcel of land with improvements thereon, which property is more fully described in a deed dated June 5, 1998 and recorded June SNELBAKER, BRENNEMAN SPARE 18, 1998 in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book 179, Page 511 (hereinafter referred to as "Defendants' Premises"). 6. Plaintiffs Premises and Defendants' Premises share a common boundary line, which boundary line runs in a general east-west direction and perpendicular to South Broad Street in the Borough of Mechanicsburg (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 rail fence which encroaches onto Plaintiffs Premises for a distance of approximately two (2) feet across the common boundary line. 10. Since the time of Plaintiffs ownership of Plaintiffs Premises, Defendants have effectively blocked Plaintiffs access to a portion of the southern boundary 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 Plaintiff, her agents and representatives access on and to the property owned by Plaintiff which is located behind (south of) the fence maintained by Defendants and encroaching on Plaintiffs Premises. -2- SNELBAKER, BRENNEMAN SPARE 12. Since the time of Plaintiffs ownership of Plaintiffs Premises, Defendants have refused and denied Plaintiff, her agents and representatives, access on and to the property owned by Plaintiff which is located behind (south of) the fence made reference to above for purposes of Plaintiff maintaining and/or mowing same. 13. Since the time of Plaintiffs ownership of Plaintiffs Premises, Defendants have exercised and continued to exercise 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. Plaintiff has the right to immediate and exclusive possession of her property and Plaintiffs Premises up to the common boundary line. 15. Defendants have failed and refused to remove the fence from Plaintiffs Premises. WHEREFORE, Plaintiff requests the Court to: (a) Enter judgment in favor of Plaintiff 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 fence and any other obstacles, property or improvements placed by them on Plaintiffs Premises; (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; and (d) Enter and grant such other relief as this Court deems just and appropriate, including the award of costs of this action. -3- LAW Off~ce$ SNELBAKER. BRENNEMAN & SPARE COUNT III - 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 fence on Plaintiff's Premises and due to Defendants' conduct more fully described above, Defendants have deprived Plaintiff of the use and enjoyment of her property to Plaintiffs damage. WHEREFORE, Plaintiff requests this Court to enter judgmem in favor of Plaintiff and against Defendants for damages in an amount not in excess of $25,000.00. SNELBAKER, BRENNEMAN & SPARE, P. C. Date: October 18, 2001 BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Sherry L. Hughes -4- LAW OFFJC£~ SNELBAKER. 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. Section 4909 relating to unsworn falsification to authorities. (J ~herry L. IlO. tgh~s Date: LAW OFFiCeS SNELBAKER. SRENNEMAN & SPARE ALL THAT CERTAIN piece or parcel of land situate in Mechanicsburg Borough, Cumberland County, Pennsylvania as set forth on a Subdivision Plan of William H. May, Jr., as prepared by Alpha Consulting Engineers, Inc., John K. Murphy, P.E./PLS and recorded in the Recorder of Deeds Office of Cumberland County, Pennsylvania in Plan Book 77, Page 140, and more particularly described as follows: BEGINNiNG at a point on the east side of South Broad Street at the dividing line between Lot No. 2A and Lot No. 3 on the aforementioned Plan; thence by Lot 2A North 64 degrees 30 minutes 00 seconds East, a distance of 170.11 feet to a point; thence along Lots 2A and 1 A, North 19 degrees 30 minutes 00 seconds West, a distance of 259.22 feet to a point; thence South 25 degrees 26 minutes 00 seconds East, a distance of 144.39 feet to a point; thence South 25 degrees 26 minutes 00 seconds East, a distance of 307.80 feet to a point; thence South 64 degrees 30 minutes 00 seconds West, a distance of 346.50 feet to an iron pin; thence along South Broad Street, North 19 degrees 30 minutes 00 seconds West, a distance of 50.28 feet to the point and place of BEGINNiNG. BEiNG Lot No. 3 on the aforementioned Subdivision Plan of William H. May, Jr. and containing 1.3285 acres, more or less. ALSO BEiNG the same premises which William H. May, Jr. and Helen W. May, his wife, by their deed dated and recorded April 13, 2000 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 219, Page 306 granted and conveyed unto Sherry L. Hughes. EXHIBIT A LAW OFFICES SNELBAKER. BRENNEMAN & SPARE A. CHAiN OF TITLE, PLAINTIFF'S PREMISES 1. Deed Reference: Deed Book 219, Page 306 Grantors/Grantee: William H. May, Jr. and Helen W. May to Sherry L. Hughes Date: April 13, 2000 Date of Recording: April 13, 2000 2. Deed Reference: Deed Book "V", Vol. 30, Page 347 (Parcel 1) Grantors/Grantees: William H. May, Jr. and Helen W. May to William H. May, Jr. and Helen W. May Date: August 3, 1984 Date of Recording: August 6, 1984 3. Deed Reference: Deed Book "V", Vol. 30, Page 58 Grantors/Grantees: Gail M. May to William H. May, Jr. Date: July 30, 1984 Date of Recording: July 31, 1984 4. Deed Reference: Deed Book "X", Vol. 26, Page 733 Grantors/Grantees: The Commonwealth National Bank and Walter R. May, Jr. to William H. May, Jr. Date: April 10, 1976 Date of Recording: December 6, 1976 5. Deed Reference: Deed Book "Q", Vol. 24, Page 776 Grantors/Grantees: Lottie D. May to William H. May, Jr. Date: December 12, 1969 Date of Recording: June 6, 1972 6. Deed Reference: Deed Book "V", Vol. 11, Page 3 Grantors/Grantees: F. Eugene Gensler to Russell S. May and William H. May Date: March 12, 1938 Date of Recording: March 18, 1938 7. Deed Reference: Deed Book 'T', Vol. 9, Page 227 Grantors/Grantees: Samuel B. Keller and Eugene E. Keller to Scott W. Gensler and Emma J. Gensler Date: June 20, 1921 Date of Recording: June 21, 1921 EXHIBIT B SNELBAKER, BRENNEMAN SPARE 8. Deed Reference: Deed Book "R", Vol. 8, Page 286 Grantors/Grantees: John A. Stought to Samuel B. Keller Date: March 28, 1918 Date of Recording: April 2, 1918 9. Deed Reference: Deed Book "M", Vol. 8, Page 371 Grantors/Grantees: Lew L. Lemon and Emma C. Lemon, his wife, et al. to Jacob Stought Date: March31, 1913 Date of Recording: July 28, 1916 10. Deed Reference: Deed Book "X", Vol. 3, Page 73 Grantors/Grantees: George Wonderly and Louise Wonderly, his wife, et al to Alfred W. Milleisin Date: March 27, 1865 Date of Recording: February 27, 1885 11. Deed Reference: Sheriff's Deed Book, Page 318 Grantors/Grantees: Jacob Bosler, by Sheriff George Beetem to George Wonderly Date: November 11, 1833 (Jacob Bosler, Common Grantor) B. CHAiN OF TITLE, DEFENDANTS' PREMISES 1. Deed Reference: Deed Book 179, Page 511 Grantors/Grantees: Georgia L. Kirsch, now Georgia L. Blauch and Ronald B. Blauch, her husband to Ronald B. Blauch and Georgia L. Blauch, his wife Date: June 5, 1998 Date of Recording: June 18, 1998 2. Deed Reference: Deed Book "O", Vol. 35, Page 66 Grantors/Grantees: Boyd L. Myers, Jr. and Sally J. Myers to Georgia L. Kirsch Date: March 6, 1992 Date of Recording: March 12, 1992 3. Deed Reference: Deed Book "G", Vol. 33, Page 330 Grantors/Grantees: Frances L. Schminky to Boyd L. Myers, Jr. and Sally J. Keefer Date: March 29, 1988 Date: March 31, 1988 SNELBAKER, BRENNEMAN & SPARE 4. Deed Reference: Deed Book "S", Vol. 24, Page 742 Grantors/Grantees: James W. Bowen and Marjorie C. Bowen, his wife, by Sheriff Robert B. Failor to Donald H. Schminky and Frances L. Schminky Date: July 24, 1972 Date of Recording: July 25, 1972 5. Deed Reference: Deed Book "G", Vol. 21,661 Grantors/Grantees: Roy C. Carbaugh and Catherine E. Carbaugh, his wife, to James W. Bowen and Marjorie C. Bowen Date: July 6, 1964 6. Deed Reference: Deed Book "G", Vol. 21, Page 658 Grantors/Grantees: Edwin D. Clouser and Martha Blanche Clouser, his wife, to Roy C. Carbaugh and Catherine E. Carbaugh, his wife Date: September 30, 1943 Date of Recording: July 6, 1964 7. Deed Reference: Deed Book "R", Vol. 10, Page 234 Grantors/Grantees: John Smith to Edwin D. Clouser and Martha Blanche Clouser, his wife Date: March 24, 1928 Date of Recording: March 27, 1928 8. Deed Reference: Deed Book "F", Vol. 9, Page 580 Grantors/Grantees: J. K. Hinkel to John Smith Date: April 20, 1920 Date of Recording: August 25, 1920 9. Deed Reference: Deed Book "D", Vol. 8, Page 165 Grantors/Grantees: Valley Improvement Company to J. K. Hinkle Date: September 3, 1907 Date of Recording: April 3, 1914 10. Deed Reference: Deed Book "A", Vol. 7, Page 84 Grantors/Grantees: Mervine E. Anderson, Trustee to Valley Improvement Company Date: April 6, 1906 Date of Recording: April 7, 1906 11. Deed Reference: Deed Book "A", Vol. 3, Page 313 Grantors/Grantees: John G. Rupp, et ux. to Frederick Rider Date: August 31, 1868 12. Deed Reference: Sherifl~s Deed Book, Page 319 Grantors/Grantees: Jacob Bosler, by Sheriff George Beetem, to Thomas Craighead, Jr. Date: November 11, 1833 (Jacob Bosler, Common Grantor) SHERIFF'S RETURN CASE NO: 2001-06109 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HUGHES SHERRY L VS BLAUCH RONALD B ET AL - REGULAR DAWN KELL , Sheriff or Deputy Sheriff of Curaberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon BLAUCH RONALD B the DEFEND~EqT at 2036:00 HOURS, at 215 S BROAD ST MECHANICSBURG, PA 17055 RONALD B BLAUCH a true and attested copy of COMPLAINT - on the 29th day of October 2001 by handing to EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 5 85 00 10 00 00 33 85 Sworn and Subscribed to before me this ~ ~-- day of ~ A.D. / ~rothonotary ~ ~ -- So Answers: R. Thomas Kline 10/30/2001 SNELBAKER, BRENNEMAN, S PARE Deputy Sheriff - REGULAR - CAS~ NO: 2001-06109 SHERIFF'S RETURN P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HUGHES SHERRY L VS BLAUCH RONALD B ET AL DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to says, the within COMPLAINT - EJECTMENT was served upon BLAUCH GEORGIA L the law, DEFENDANT , at 2036:00 HOURS, at 215 S BROAD ST MECHANICSBURG, PA 17055 RONALD B BLAUCH a true and attested copy of COMPLAINT - on the 29th day of October 2001 by handing to EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6 00 00 00 10 00 00 16 00 Sworn and Subscribed to before me this day of ~~ ~ A.D. /Prothonotary ~ , / So Answers: R. Thomas Kline 10/30/2001 SNELBAKER, BRENNEMAN, S PARE Deputy Sheriff LAW OFFICES SNEIBAKeR. BrENNEMAN & SPARE SHERRY L. HUGHES, Plaintiff Vo RONALD B. BLAUCH and GEORGIA L. BLAUCH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 01-6109 CIVIL TERM : CIVIL ACTION - EJECTMENT PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Please mark the above-captioned action settled, discontinued and ended upon your docket and indices. A copy of the parties' Settlement And Release Agreement pertaining to this action is attached hereto and incorporated by reference herein as "Exhibit 1". SNELBAKER, BRENNEMAN & SPARE, P. C. Date: August 19, 2002 Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Sherry L. Hughes LAW OFFICES SnEIBAKER, BRENnEMAN & Spare CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a tree 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: Hubert X. Gilroy, Esquire Broujos & Gilroy, P. C. 4 North Hanover Street Carlisle, PA 17013 Date: August 19, 2002 Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Sherry L. Hughes SHERRY L. HUGHES, Plaintiff RONALD B. BLAUCH and GEORGIA L. BLAUCH, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01 - 6109 CIVIL TERM :CIVIL ACTION - EJECTMENT SETTLEMENT AND RELEASE AGREEMENT Plaintiff, Sherry L. Hughes, and Defendants, Ronald B. Blauch and Georgia L. Blauch, hereby agree to a settlement of the above captioned litigation under the following terms and conditions: 1 The parties agree that the boundary line between their respective real estate located on South Broad Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania, which real estate forms the basis of the litigation in the above captioned action, shall be as shown on the survey attached hereto and marked Exhibit "A". The boundary lines dividing the properties of the parties shall be the bold marked survey line and shall not be the dotted line noted as the "field line". 2 Within thirty (30) days of execution of this release by both parties and the receipt by the Defendants attorney of a completely executed copy of the release, Defendants shall remove the fence encroachment that is noted on Exhibit "A". Plaintiff acknowledges that Defendants and/or Defendants' agents will need reasonable access onto Plaintiff's land for EXHIBIT 1 purposes of removal of the fence. Defendants reserve the right to maintain a fence in the future consistent with the agreed upon boundary line between Plaintiff's land and Defendants' land, any fence maintained by the Defendants to be on Defendants' land. ~ 3 Within thirty (30) days of Defendants removal of the fence encroachment as noted in Paragraph 2 above, counsel for Plaintiff shall file with the Cumberland County ProthOnotary a Praecipe settling/discontinuing the above captioned action. 4 In conjunction with this agreement, the parties issue to each other a mutual release and hereby release each other from any and all actions, causes of action, claims and demand which Plaintiff filed against Defendants in the above captioned action and any claims Defendants could have filed against Plaintiff in response to the complaint filed in the above captioned action. This agreement shall be filed with the Cumberland County Prothonotary's Office at the above captioned term and number as evidence of the agreement between the parties in connection with the boundary dispute wl~ich is the subject of this litigation. Furthet,l~ore, either party may at its own option file this agreement with the Cumberland County Recorder of Deeds Office. IN WITNESS WHEREOF, the parties being bound set their hands and seal the day and year first above written. Date: Hubert X. Gilr~fy, Esquire Date: Sher~ L. I-~e~ u l~on.~ld B. Blauch Date: COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : On this, the /d~f'~ day of T~//'~ ,2002, before me a Notary Public, the undersigned officer, personally appe" al~ed Sherry L. Hughes, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purpose therein contained. IN WITNESS.~ WHEREOF, 1 have hereunto set my h.~~ N~tary Public NOTARIAC ROBERT J, GOLD, Notw~ Publg Hampde. Twp. CmTdDe iand Commission Expires July 10,2DQ3 COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND On this, the ~ day of/~,g~.~, 2002, before me a Notary Public, the undersigned officer, personally appeared Ronald B. Blauch and Georgia L. Blauch, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notarial Seal Bridset Ann Corcoran. Notary Public Carlisle Bom, Cumberland County My Commission F.,npi~s June I0, 2006