HomeMy WebLinkAbout04-1676F9P16E51DATAFILEVCenaelACumemV11140-1.comi/ca
Crme 415104 917PM
Revised. 4/15/04 4:31PM
EUGENE E. FAILOR, SR.,
JOHN E. FAILOR, SR., SARAH MYERS
LAWRENCE M. FAILOR, and
CHARLENE SHAFFER,
Plaintiffs
V.
DORIS WILSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
N0.2004- /(07(", CIVIL
CIVIL ACTION
ACTION TO QUIET TITLE
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 Plaintiffs. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
`
Date: p r , ( 11, Z -- 6 f
M RFF WILLIAMS & OTTO
By
Carl C. Risch, squire
I.D. No. 75901
Christopher E. Rice, Esquire
I.D. No. 90916
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
EUGENE E. FAILOR, SR.,
JOHN E. FAILOR, SR., SARAH MYERS
LAWRENCE M. FAILOR, and
CHARLENE SHAFFER,
Plaintiffs
V.
DORIS WILSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.2004 - j (p "76
CIVIL ACTION
ACTION TO QUIET TITLE
COMPLAINT
1. Plaintiffs, Eugene E. Failor, Sr., John E. Failor, Sr., Sarah Myers, Lawrence M. Failor,
and Charlene Shaffer, are adult individuals of Cumberland County, Pennsylvania.
2. Defendant, Doris Wilson, is an adult individual ofCumberland County, Pennsylvania.
3. Plaintiffs acquired certain property in North Middletown Township, Cumberland
County, Pennsylvania, by way of a Deed dated July 23, 1986, and recorded at Deed Book 32-C, Page
915, in the Office of the Cumberland County Recorder of Deeds, Pennsylvania (the "Deed"). A true
and correct copy of the Deed is attached hereto as Exhibit "A."
4. The Deed is between Alice C. Clepper, executrix of the estate of Parker E. Failor, Sr.,
and Plaintiffs. Parker E. Failor, deceased, owned the property described within the Deed since
March 18, 1975.
5. The property described within the Deed is designated as tax parcel number 29-14-
0877-011 and is the property in dispute (the `Disputed Property).
6. The legal description of the property in the Deed is as follows:
BEGINNING on the north by property of Chris Brownawell and Park
Quigley; on the east by property of Park Quigley and Bessie Wilson; on the
south by Public Road; and on the west by property of Lawrence Failor and
Chris Brownawell, and has a road frontage of 215 feet. This plot contains 5
acres more or less.
BEING the same premises which the Orphans' Court Division of the Court
of Common Pleas of Cumberland County, Pennsylvania, by a Decree
Awarding Real Estate dated March 18, 1975, and recorded in Deed Book Z,
Volume 25, Page 298, granted and conveyed unto Parker E. Failor, Sr.
7. The description of the Property in the Deed is more particularly set forth in the Plan
dated January 1, 2004 (the "Plan"). A true and correct copy of the Plan prepared by C.W. Jenkins
Associates, Inc., is attached hereto as Exhibit "B," and more fully described as follows:
ALL THAT CERTAIN tract of land situate in North Middleton Township,
Cumberland County, Pennsylvania, bounded and described according to a
Sketch Plan prepared by C. W. Junkins Associates, Inc., dated January 1,
2004, and set forth as follows:
BEGINNING at a magnetic nail set in the legal right of way of North
Middleton Road, T-495 (33' wide) at the northeastern corner of land of John
W. & Susan C. Grenoble; thence along said land of John W. & Susan C.
Grenoble the following three (3) courses and distances: (1) North 30 degrees
57 minutes 04 seconds West 77.50 feet to a steel pin; (2) North 57 degrees
38 minutes 15 seconds East 19.90 feet to a steel pin; and (3) North 30 degrees
59 minutes 02 seconds West 548.79 feet to set steel pin; thence along land
now or formerly of Ethel E. Buchenauer, et al., North 51 degrees 02 minutes
29 seconds East 56.01 feet to a set steel pin; thence along same, North 22
degrees 29 minutes 01 second East 302.42 feet to a set steel pin; thence along
land of Nelson L. Minnich, South 50 degrees 49 minutes 03 seconds East
620.35 feet to a set steel pin; thence along land of Sylvester M. & Doris M.
Wilson, South 69 degrees 00 minutes 00 seconds West 324.49 feet to a steel
pin; thence along same, South 25 degrees 55 minutes 35 seconds East 313.75
feet to a magnetic nail set in North Middleton Road, T-495; thence through
said North Middleton Road, T-495, South 66 degrees 55 minutes 57 seconds
West 183.40 feet to a magnetic nail, the Point and Place of BEGINNING and
CONTAINING 5.475 acres gross area.
UNDER AND SUBJECT to a 25' Access Easement as shown on the
hereinbefore mentioned Sketch Plan.
Plaintiffs are the present owners in fee simple absolute of the Property described and
conveyed by the Deed and have not conveyed away any of the Property.
9. Defendant has indicated an ownership of the Property (the "Disputed Property")
adverse to Plaintiff's title by disagreeing with the boundary lines between Plaintiffs' land and
Defendant's land.
10. Defendant's claim is wholly without right and constitutes a cloud on Plaintiffs' title,
giving Plaintiffs the right to file this action to quiet title.
11. Defendant's property is described in Deed Book 24-J Page 471 as follows:
ALL that certain plot of ground consisting of two tracts, fronting on the dirt
road leading from the Waggoner's Gap Road to the Long's Gap Road, situate
in the Township of North Middleton, County of Cumberland and State of
Pennsylvania, the same being more particularly bounded and described as
follows, to wit:
No. 1: BEGINNING at a certain locust tree on the left hand side of a certain
driveway leading from the said dirt road; thence Eastward along the said
road, a distance of Two Hundred Seventeen (217) feet to a point marked by
an iron pin; thence Northward a distance of Three Hundred Twenty-two (322)
feet to an iron pin; thence Westward a distance of Two Hundred Seventeen
(217) feet to an iron pin; thence Southward a distance of Three Hundred
Twenty-two (322) feet to the locust tree, the Place of BEGINNING.
No. 2: BEGINNING at a certain locust tree on the left hand side of a certain
driveway leading from the said above dirt road; thence in a Westerly direction
along the dirt road a distance of Two Hundred Forty (240) feet to another
locust tree; thence in a Northerly direction by a line running at right angles
to the said dirt road, a distance of Three Hundred Twenty-two (322) feet to
an iron pin; thence in an Easterly direction by a line parallel to the said dirt
road, a distance of Two Hundred Forty (240) feet to an iron pin; thence in a
Southerly direction by a line at right angles to the said dirt road, a distance of
Three Hundred Twenty-two (322) feet to the Place of BEGINNING.
BEING the same two tracts of land which Sylvester B. Wilson and wife, by
deed dated January 7, 1947 and recorded January 16, 1947 in the Office of
the Recorder of Deeds in and for Cumberland County at Carlisle,
Pennsylvania, in Deed Book , Vol. , page granted and
conveyed to Bessie M. Wilson, Grantor herein.
A copy of the deed is attached hereto as exhibit "C."
COUNTI
12. Paragraphs 1-11 are incorporated herein by reference as if fully set forth below.
13. The Disputed Property is part of the described and conveyed property of the Deed.
14. Plaintiffs are owners of the Disputed Property as set forth in the Deed description and
as illustrated by surveyors of the Plan.
15. The Plan was created by C.W. Junkins Associates, Inc., a professional survey
company, and accurately depicts the property boundaries. See Exhibit "A".
16. Plaintiffs are in possession of and maintain the Disputed Property. Plaintiffs have
erected a permanent residence (mobile home) and a garage on the Disputed Property.
17. Plaintiffs are the owners of both legal and equitable title in the Disputed Property
making them sole owners in fee simple of the Disputed Property.
18. Defendant is not in possession and do not have ownership rights in the Disputed
Property.
WHEREFORE, Plaintiffs pray your Honorable Court to order that Plaintiffs are both the legal
and equitable owners of the Disputed Property, discharge any right, title or interest of Defendant and
all persons claiming under them, and award reasonable attorney's fees and any other such relief as
the court deems just and reasonable.
COUNT II
19. Paragraphs 1-18 are incorporated herein by reference as if fully set forth below.
20. Even if the court does not find that the boundarylines in the Plan represent Plaintiffs'
Property in fee simple, Plaintiffs have acquired the Disputed Property by adverse possession.
21. Commencing on or about March 18, 1975, and continuing uninterrupted through the
present, the Plaintiffs and their predecessor in interest came into use and possession of the Disputed
Property.
22. Plaintiffs and their predecessor in interest have used and possessed the property for
more than 21 years.
23. Plaintiffs and their predecessor in interest's use and possession of the Disputed
Property, as set forth herein, has and continues to be actual, continuous, exclusive, visible, notorious,
distinct and hostile, and has been against Defendant and Defendant's predecessor in interest.
24. Plaintiffs and their predecessor in interest's use and possession of the Disputed
Property includes, but is not limited to, the following:
a. Generally maintaining the property;
b. Cutting, trimming and otherwise caring for the grass and other landscaping;
C. Erecting structures such as a mobile home and garage (the mobile home is
used as one of the Plaintiffs' principal residence)
d. Locating and maintaining a mobile home;
e. Constructing driveways and parking areas; and
f. Using it for recreation, social and family uses.
25. Despite their assertion of ownership, neither Defendant nor her predecessors in
interest have ever been in possession of the Disputed Property.
26. As a result of the use and possession of the Disputed Property by the Plaintiffs, as set
forth herein, the Plaintiffs are the sole owners in fee simple of the Disputed Property.
27. Plaintiffs hold title to the Disputed Property by adverse possession. Consequently,
Plaintiffs are the sole owner in fee simple of the Disputed Property.
28. Plaintiffs' title by adverse possession accrued, at the latest, on or about March 18,
1996, over 21 years after Plaintiffs or their predecessor in interest's initial possession. Title by
adverse possession may have vested sooner due to tacking of earlier possession by predecessors in
interest.
29. Defendants are barred from asserting any real, equitable or beneficial interest in the
Disputed Property by reason of the actual, continuous, exclusive, visible, notorious, distinct and
hostile possession of the Disputed Property by the Plaintiffs' and their predecessor in interest for
more than 21 years.
WHEREFORE, Plaintiffs pray your Honorable Court to order that Plaintiffs are both the legal
and equitable owners of the Disputed Property, discharge any right, title or interest ofDefendant and
all persons claiming under them, and award reasonable attorney's fees and any other such relief as
the court deems just and reasonable.
Respectfully submitted,
Date:
B AR?S??ORFF WILLIAMS & OTTO
Carl C. Rissslch, Esquire
I.D. No. 75901
Christopher E. Rice, Esquire
I.D. No. 90916
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiffs
OAer r..a In MII
r..
TbtF5 3jubenture,
ArdDF T1lF 17 day of ?-L y in the year of one Lord
on, thon.•and nine hundred and eighty-six (1926) a
RETH'A'EN ALICE C. CLEPPER,
F.reurt r ix nj the lant 1170 and relament n/ PARKER E, FAILOR, SR,
late of North Middleton Township, Cumberland
County, Pennsylvania, party o/ the first 1, and SARAH MYERS, LAWRENCE
M. PAILOR, JOhN E. FAILOR, SR„ EUGENE E, FAILOR, SR of the second part;
and CHARLENE SHAFNER, parties
as tenants in common,
11'77/iRF.iS, !hr said PARKER E. FAILOR, SR,
by his tan! 11711 amt restanrnt, nlndy proved and reeavled fn the Feuislrr's oQro of
Cumberland Comity, Pennsylvania,
WILERUAS, in Items Two and THREE of the said lest Will and
Testament of Parker E. Failor, Sr., the Executrix was directed to
convey, in accordance with local Sub-division and Land Use Regula-
tions, his real property to his children,' Sarah Myers, Pawrence
Failor, John Failor, Eugene Pallor, and Charlene Shaffer,
WHEREAS, Parker S. Failor, Sr., died being seized with approximately
five acres of real property located in the Township of North
Middleton, Cumberland County, Pennsylvania.
WHEREAS, in order to comply with the wishes of Parker E. Failor,
Sr., it is. necessary for the Executrix to convey the decedent's
real property to the benefdciaries, to be held jointlcl.'
en iu
.U C•
W --? m o
rv vmH
'-^ y a
M
A01V THIS INDFNTURF 1f'1TVA'SSb'Tlf, that 0ic anidpmdY of the brat print, by virhm
of the parer and authority aforesaid, in said 11711 contained, and in Consideration of the srmn of
ONE and 00/100 ($1.00) -------------------------------------------
Dollars to be paid by the said yard lea of the second part, at and before the cnacaling mad
delivery of these presents, the rrreipt tolmrrof is hereby acknowledged, has !!ranted,
bmttnimd, sold and conneurd, and does hereby grant, bargain, sell and convey to the
.mid parties of the second part, their
hire Ord acailpm forrver, all that certain pirre or yn reel of land silimle in
North Middleton Township , Courtly of Cumberland
and Slate of Pennsylvania, bonndrd and described as follows, to•mit:
BEGINNING on the north by property of Chris Brownawell and Park
Quigley; on the east by property of Park Quigley and Bessie Wilson;i
on the south by Public Road; and on the west by property of Lawrence
Failor and Chris Brownawell, and has a road frontage of 215 feet, '
This plot contains,5 acres more or less.
BEING the same premises which the Orphans' Court Division of the
Court of Common Pleas of Cumberland County, Pennsylvania, by a
Decree Awarding Real Ebtate dated March 18, 1975, and recorded in
Deed Book 2, Volume 25, Page 298, granted and conveyed unto
Parker E, Failor, Sr,
c:..? 32 fm 915
Exhibit "A"
f
i
1
1
TOGETHER frith all and singuhtr the rights, liberties, privileprs, hrredilaniodd and apprndrwan-
rest whatsorer lherruuto belonging or an anywise appertaining, mid the reversions and renmimlrr:r,
rents, issure and prolits therrol, and all the rotate, right, title, Interest, property, elates an't It maw)
whn(rorrer of the said Parker E. Fa iloi, Si.,
at end iuunedin4dg
be/are the five of his decease, in hue or equity or otherwise howsoever, of, in, to or wet of
the sonic:
TO HAVE AND TO HOLD the said pearled prcurises to the said parties of the ,
second part, their
heirs mid assigns forever.
And the said party of the first part
do as covenant, promise, great and agree. to and wilh.
the said parties of the second part, their
heirs and assigns, by these presaita, that she the sold
party of the first part
not done, coinivifted or Anuu'ingiy or' willingly suffered to be done, any act, mailer, or thing it-hat.
$cover, whereby the premises aforesaid, or any part thereof, is, are, shall or may be charged o'
incurnbered, in title, charge or estate, or• oOtrr icise howsoever. I
IN WITNESS WHEREOF, the said Alice C. Clapper
day and year above roritten.
'20r///?i--? i
........................._..............__......._._..?..._?./ ...?.?_.?..__.?.._.._?..__.. .?-.._ rYrL
Wrw
i
State of PENNSYLVANIA ))
S es.
County of CUMBERLAND J
On this, the u?-3 rd 'day of JN/t.{. , 1986, before nest
Karen F. Byers
g
the undersigned officer, personally appeared Alice C. Clapper
o/ the Slate of Pennsylvania County of Cumberland known to
me (or satisfactorily proven) to be the persons, described in the foregoing instminent, and acknowl.
edged that he executed the same in the capacity therein stated and for the purposes therein con-
tained.
In witness trhereof, 1 hereunto set my hand and ofieial seat. _ i ??.•::ii "r '•.
Nort d oot.. Stoney paN4
4 North Hoots... .r 5s,,
Caaide, Cwmbedood Oy., M 17013
lnr lstm R-0% FeN 23, 19W
State of
ae,
County of
On this, the day of
the undersigned officer, personally appeared
s,4
d `r
, 19 , before me, '
of the State of County of , known to
me (nr satisfactorily prover) to be the person described in the foregoing instniment, and acknotel.
edged that he erectded the same in the capacity therein slated and for the purposes therein con-
tained,
In witness whereof, 1 hereunto set my hand and official seat.
....__ .............................................................................. arsar.
of Ofrer.
!0KC32 -Act m
TOTAL AREA = 5, 475 ACRES
LOT1
GROSS AREA - 1.032 AC.
LESS R/W - 0.032 AC,
NET AREA - 1.000 AC.
t ¢ Ory. o
B°?r0 ?, hh ?/ \ 3
® 7
4 All
N51'02z9?E ?y9 / /?'?
56.p1
Stem Pin / //
(serf sr Pm
7.274 ACRES
oFr. ?MesY--
67 Zf
J b H Stem Pin
CD U (FneJ
Steel pin ?
(5eU
LOT 4
?+aroi c moose < 1.719 ACRE
N fan Pe
ZONING DATA:
1. Zoned' Agricultural (A)
2. Minimum Lot Arco: 1 Acre
3. Minimum Lat Width.
120' of Lot frontage
150' of Building Setback
4. Minimum Ycrd Setbacks:
Stem pM Front-J5'
(serf Side - 15' Min., JO' To tol
vs Rear-35'
l0 5. MOx. Impervious Coverage 209,
A
n??p
6. Maximum Bui/ding Height: 35'
35
\ \ o
m?
m.
h 75 7 ? \ 2 Coro9e W ? ?,p \ m a
o?
m?
6 j
e
m
m m,
`N,1 r ?l / Mobr< Home
war LOT 3 L-?1
1'S? ?/? \i6 os tc
-? SN%veC 35 `w r
?lmmin Pod frock @ P,
/. 1 $r. T
l Fi ', frock & Fr. AOd'fian
D W9 o5vflc
] ,?Z$OL 8£ L9z steal P'n
m (s r Pin LOT 2 stem Pm m
(Sel) Y'
P 3
w
steel P/n
(Self 3
_ ? _33_fF?ej
Fi P6
Go?ege
Lori
1.031 ACRES
T-495 NORTH
.r5 ASSOC/
60
3 3
?i
COVENTRY CENTER
2110 FISHER ROAD
MECHANICSBURG, PA 17055
TEL: (717) 697-8489
5)4vester M. 'k 00"f M W//son
P.9. 24-j. page 471
w 80 40 0 80
,?rJ a Scale: 1"=80'
RIGHT 6L OF WA
Or r9t ?MAG Ne4 MIDDLETON ROAD
160
SKETCH PLAN
FOR
SARAH MYERS, LAWRENCE M. FAILOR,
JOHN E. FAILOR, SR., EUGENE FAILOR, SR.,
& CHARLENESHAFFER
NORTH MIDDLETON TOWNSHIP
CUMBERLAND COUNTY, PA
SCALE: AS SHOWN, DATE: JANUARY 01, 2004
Exhibit "B"
4
?J
M-Iraw ,ln,. . Fm. An a 11%.
TWO Urb,
MADE. THE /?z ?t day of November in the year
of our Lord cm thousand nine hundred seventy-one.
BETWEEN BESSIE M, WILSON, of the Borough of Carlisle, Cumberland County,
Pennsylvania, party of the first part,
Grantor
and SYLVESTER B. WILSON and DORIS M. WILSON, husband and wife, of
North Middleton Township, (R.. D. y 3, Carlisle), Cumberland County,
Pennsylvania, parties of the second part,
Grantees
WITNESSETH, that in consideration of One Dollar - i
($1.00)---------- --- ------------- ------------------------------ Dollars,
in hand paid, the receipt whereof is hereby acknowledged, the said grantor does hereby grant
and convey to the acid prantee s, their heirs and assigns, as tenants by the entireties,
ALL that certain plot of ground consisting of two tracts, fronting on the dirt road
leading from the Waggoner's Gap Road to the Long's Gap Road, situate in the
Township of North Middleton, County of Cumberland and State of Pennsylvania,
the same being. more particularly bounded and described as follows, to wit;
NO. 1; BEGINNING at a certain locust tree on the left hand side of a certain
driveway leading from the said dirt road; thence Eastward along the said road,
a distance of Two Hundred Seventeen (217) feet to a point marked by an iron
,pin; thence Northward a distance of Three Hundred Twenty-two (922) feet to
i/ an iron pin; thence Westward a distance of Two Hundred Seventeen (217) feet
to an iron pin; thence Southward a distance of Three Hundred Twenty-two (322)
feet to the locust tree, the Place of BEGINNING.
NO. 2; BEGINNING at a certain locust tree on the left hand side of a certain
1 driveway leading from the said above dirt road; thence ina Westerly direction
along the dirt road a distance of Two Hundred Forty (?40) feet to another locust tree;
r thence in a Northerly direction by a line running at right angles to the said
dirt road, a distance of Three Hundred Twenty-two (3$2) feet to an iron pin;
thence in an Easterly direction by a line parallel to the said dirt road, a distance
of Two Hundred Forty (240) feet to an iron pin; thencein a Southerly direction
by a line at right angles to the said dirt road, a distance of Three Hundred Twenty-
two (322) feet to the Place of BEGINNING.
BEING the same two tracts of land which Sylvester B.. Wilson and wife, by ,
deed dated January 7, 1947 and recorded January 10, 1947 in the Office of the
Recorder of Deeds in and for Cumberland County at Carlisle, Pennsylvania,
in Deed Book , Vol. , page , granted and conveyed to
Bessie M. Wilson, Grantor herein.
THE within Grantees are the son and daughter-in-law o^ the within Grantor
and eherefore this conveyance is exempt from Commonwealth of Pennsylvania,
North Middleton Township and Carlisle School. District. Realty. Transfer Taxes
BOOK) 24PA&E 471
/fir G? /r AZ66 34 Ulm fa-rt-VT
EMIBIT "C"
VERIF- I
The foregoing Complaint is based upon information which has been gathered by my counsel
in the preparation of the lawsuit. The language of the document is that of counsel and not my own.
I have read the document and to the extent that it is based upon information which I have given to
my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent
that the content of the document is that of counsel, I have relied upon counsel in making this
verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unswom falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
Dated: ug e E. Nailor, Sr.
P:MILES\DATAEILE\G.,,\Cmm,,I I I404,?.mI
V v'
Cl.
v_ 1
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PdFILES\DATAFILE\Grna .hiva\GEND0003\11140-1affllc
CrtUed 2/13103 257 28 AM
Revised'. 4/19/04 4'.4'.18 PM
EUGENE E. FAILOR, SR.,
JOHN E. FAILOR, SR., SARAH MYERS
LAWRENCE M. FAILOR, and
CHARLENE SHAFFER,
Plaintiffs
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004 - 1676 CIVIL
CIVIL ACTION
DORIS WILSON,
Defendant
ACTION TO QUIET TITLE
AFFIDAVIT OF SERVICE
I, Christopher E. Rice, an adult individual, being duly sworn according to law, depose and
state I served a copy of the Complaint by first class mail to Thomas R. Miller of Miller and Miller,
at 401 South 32nd Street, Camp Hill, PA 17011, on the 19th day of April, 2004.
MARTSON DEAR:DORFF WILLIAMS & OTTO
Byo(?-
Sworn to and subscribed before me
this 19th day of April, 2004
? :?2ec?? L!46
Notary Public
1
Christopher E. Rice
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
NOTARIAL SEAL
VICTORIA L OTTO NOTARY PUBLIC
CARLISLE BORO CUMBERLAND COUNTY
MY COMMISSION EXPIRES DEC. 2 2006
a
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,, ... _ __ ?__-a.,.._ ._ .
..nnn:,9
EUGENE E. FAILOR, SR.,
JOHN E. FAILOR, SR., SARAH MYERS,
LAWRENCE M. FAILOR and
CHARLENE SHAFFER,
Plaintiffs
vs.
DORIS WILSON,
Defendant
I. Admitted.
2. Admitted.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2004-1676 CIVIL TERM
CIVIL ACTION
ACTION TO QUIET TITLE
NOTICE
YOU ARE HEREBY NOTIFIED TO RESPOND TO THE
ENCLOSED NEW MATTER WITHIN TWENTY (20) DAYS
FROM SERVICE HEREOF OR A DEFAULT I GMENT MAY
BE ENTERED AGAINST YOJ,J_
MICHAEL L. BANGS (ID #4126
Attorney for Defendant
429 South 18th Street, Came Hill, PA 17011 (717) 730-7310
3. Admitted in part and denied in part. It is admitted that Plaintiffs acquired certain
property on July 27, 1986 and recorded at Deed Book 32-C, Page 915, a copy of which is
attached as Exhibit A to Plaintiffs' Complaint. It is denied that the legal description contained
therein is an accurate reflection of the property that they acquired.
4. Denied. Defendant is without knowledge sufficient to form a belief as to the truth of
this averment and therefore it is denied and strict proof thereof is demanded at the trial of this
case.
5. Denied as stated. Defendant is without knowledge sufficient to form a belief as to the
designated tax parcel number for the disputed property and therefore it is denied and strict proof
thereof is demanded at the trial of this case.
6. Denied. Defendant is without knowledge as to whether or not the legal description
contained in the deed is an accurate reflection of the title to the property obtained by Plaintiffs.
To the extent that the legal description contradicts the legal description of Defendant, it is
denied.
7. Denied. It is specifically denied that Exhibit B attached to Plaintiffs' Complaint is a
true and correct legal description of the property owned by Plaintiffs to the extent that that
property contradicts the legal description and deed and surveys obtained by Defendant in this
matter.
8. Admitted in part and denied in part. It is admitted that Plaintiffs are the owners in fee
simple absolute of a property which is referenced in Exhibit A. It is denied that Exhibit B or the
legal description in Exhibit A accurately reflect the full and complete legal description of the
property.
9. Admitted in part and denied in part. It is admitted that ]Defendant has indicated an
ownership of property that she believes rightly belongs to her and that she disagrees with the
proposed boundary lines espoused by the Plaintiffs. It is denied that Defendant agrees with any
of the boundary lines proposed by Plaintiffs and she believes that the Plaintiffs are encroaching
on her property.
10. Denied. It is specifically denied the Defendant's claim is wholly without right and
constitutes a cloud on Plaintiffs' title, giving Plaintiffs the right to file this action to quiet title. It
is averred that Plaintiffs are encroaching unlawfully on Defendant's property causing a cloud on
her title.
I 1. Admitted in part and denied in part. It is admitted that Exhibit C attached to
Plaintiff's Complaint is a true and correct copy of the deed to Defendant. To the extent that
Plaintiffs are averring that the legal description contained therein somehow bolsters or proves
their right to the property in dispute, it is denied.
COUNTI
12. Defendant's Answers to Paragraphs 1 through 11 are incorporated herein by
reference as if more fully set forth.
13. Denied as stated. It is denied that the Disputed Property belongs to Plaintiffs. It is
averred that the Plaintiffs have improperly encroached upon Defendant's property.
14. Denied. Paragraph 14 is a legal conclusion to which no response is required. To the
extent an answer it is denied. The Plaintiffs are not the owners of the Disputed Property; rather
the Disputed Property is owned wholly by Defendant.
15. Denied as stated. It is denied that the Plan shown as Exhibit A created by C.W.
Junkins Associates, Inc., accurately reflects the property of Defendant. It is averred that the
survey by C. W. Junkins Associates, Inc., if it shows that the Disputed Property is owned by
Plaintiffs, is incorrect.
16. Denied as stated. It is denied that Plaintiffs have maintained the Disputed Property
or that they have lawfully erected any permanent residence or garage on the Dispute Property. It
is averred that Plaintiffs are in possession of Disputed Property in an unlawful manner and
against the wishes of Defendant.
17. Denied. Paragraph 17 is a legal conclusion to which no answer is required. To the
extent an answer is required, it is denied and strict proof thereof is demanded at the trial of this
case.
18. Denied. It is specifically denied that Defendant does not have ownership rights in
the Disputed Property. It is averred that Defendant, and her now deceased husband, permitted
Plaintiffs to use Defendant's property and have been in possession only as a result of the
permission granted.
WHEREFORE, Defendant requests this Honorable Court to deny Plaintiffs' request and
grant legal and equitable ownership to the Disputed Property to Defendant and award reasonable
attorney's fees and other such relief as the Court deems just and reasonable.
COUNT II
19. Defendant's Answers to Paragraphs 1 through 18 are :incorporated herein by
reference as is more fully set forth.
20. Paragraph 20 is a legal conclusion to which no answer is required. To the extent an
answer is required, Defendant denies that Plaintiffs have acquired the Disputed Property by
adverse possession. Defendant and her deceased husband granted permission to Plaintiffs to use
the property and consequently, they cannot acquire right by adverse possession.
21. Denied. It is specifically denied that the Plaintiffs have, since March 18, 1975 and
continuing uninterrupted through the present, used and possessed the Disputed Property. To the
extent that they have used the Disputed Property, it is solely by permission of Defendant and her
deceased husband.
22. Denied. After reasonable investigation, Defendant is without knowledge sufficient
to form a belief as to the truth of this averment and therefore it :is denied and strict proof thereof
is demanded at the trial of this case.
23. Denied. Paragraph 22 is a legal conclusion to which no answer is required. It is
specifically denied, however, that the use by Plaintiffs has been continuous, exclusive, visible,
notorious, distinct and hostile against the Defendant or the Defendant's predecessor in interest.
The Defendant and her deceased husband have granted permission to the Plaintiffs for the use of
the Disputed Property and as such, any use of the property has not been adverse to their interest.
24. Denied. Defendant is without knowledge sufficient to form a belief as to the truth of
the various assertions in this paragraph and therefore it is denied and strict proof thereof is
demanded at the trial of this case. To the extent that any of the averments of Paragraph 24 are
accurate, it is averred that Defendant, and her deceased husband, granted permission to Plaintiffs
at all times to use the property.
25. Denied. It is specifically denied that Defendant nor her predecessor in interest have
ever been in possession of the Disputed Property. It is averred that the Defendant has always
been in possession of the Disputed Property but that she and her deceased husband permitted use
of the Disputed Property by the Plaintiffs at various times.
26. Denied. Paragraph 26 is a legal conclusion to which no answer is required. To the
extent an answer is required, it is denied and strict proof thereof is demanded at the trial of this
case.
27. Denied. Paragraph 27 is a legal conclusion to which no answer is required. To the
extent an answer is required, it is denied and strict proof thereof is demanded at the trial of this
case.
28. Denied. It is strictly denied that Plaintiffs have obtained title by adverse possession
which accrued, at the latest, on or about March 18, 1996. Strict proof thereof is demanded and
the trial of this case. It is averred that as late as Sylvester Wilson's death, Doris Wilson gave
permission to Plaintiffs to continue to use the Disputed Property. Sylvester Wilson died in
November, 1993 which would interrupt any running of the statutory requirements of adverse
possession.
29. Denied. It is specifically denied the Defendant is barred from asserting any real
equitable or beneficial interest in Disputed Property or that the Plaintiffs have had actual,
continuous, exclusive, visible, notorious, distinct and hostile possession of the Disputed Property
for more than 21 years. The Defendant and her deceased husband granted permission to the
Plaintiffs to use the Disputed Property which has always been owned and continues to be owned
lawfully by Defendant.
WHEREFORE, Defendant requests this Honorable Courl: to deny Plaintiffs' request and
grant legal and equitable ownership of the Disputed Property to Defendant, and award reasonable
attorney's fees and other such relief as the Court deems just and reasonable.
NEW MATTER
30. Answers to Paragraphs I through 29 are incorporated herein by reference as if more
fully set forth.
31. Defendant's deceased husband, Sylvester Wilson, gave Plaintiffs, either individually
or collectively, permission to use the Disputed Property in the latter part of the 1970's and early
part of the 1980's. The only condition upon the use of the property was that they had to maintain
the property. The initial use of the property was for the Plaintiffs, either collectively or
individually, to house their livestock, specifically cows.
32. Defendant and her husband continued to permit Plaintiffs, either individually or
collectively, to use the Disputed Property up through the time of the husband's death.
33. Periodically through the years, Defendant and Defendant's husband were contacted
by Plaintiffs for purposes of trying to purchase the Disputed Property, but they were not
interested in selling the Disputed Property to the Plaintiffs.
34. At or around the death of Defendant's husband, Sylvester Wilson, the Plaintiffs,
either individually or collectively or their spouses, contacted Defendant and asked if they still
had permission to use the Disputed Property. Defendant indicated that they still had permission
to use the property.
35. Plaintiffs, either individually or collectively, contacted Defendant and her daughter
after the death of Sylvester Wilson and again requested the opportunity to purchase the Disputed
Property and acknowledged at that time that they knew the property was not theirs and that they
had permission to use the property.
36. Defendant and her daughter indicated to Plaintiffs, either collectively or individually
or to their spouses, that they were not interested in selling the Disputed Property at that time.
7
37. Plaintiffs, either individually or collectively or through their spouses, raised, for the
first time, in 2004 that they were asserting an ownership interest in the property owned by
Defendant which was always acknowledged by Plaintiffs as being owned by Defendant.
38. Plaintiffs, either individually or collectively or through their spouses, first contacted
Defendant or Defendant's daughter in 2001 claiming an ownership interest in the property. This
was contrary to the agreement between Plaintiffs and Defendant.
39. Defendant ultimately obtained her own survey of the property which clearly shows
that the Disputed Property is owned wholly by Defendant and has been owned by Defendant
since it was acquired by Defendant and her deceased husband, and acquired by the previous
owners in title.
40. Defendant is the legal and equitable owner of the Disputed Property and Plaintiffs
have maintained possession of that property contrary to Defendant's ownership since the year
2000-2001. Prior to that year, Plaintiffs had the permission to use the Disputed Property.
COUNTERCLAIM
41. Answers to Paragraphs 1 through 29 are incorporated herein by reference and the
averments in Paragraphs 30 through 40 of the New Matter are incorporated herein by reference.
42. Defendant, as the successor in interest of the property formerly owned by her and her
deceased husband which is identified on a copy of the deed attached as Exhibit C to Plaintiffs
Complaint and recorded in Deed Book 24-J, Page 471, is the equitable and legal owner of the
property in dispute.
43. Plaintiffs have unlawfully encroached or maintained possession of the Disputed
Property since they asserted an ownership interest in the property in the year 2000 or 2001.
44. Prior to the year 2000, Plaintiffs were given the permission by Defendant and her
deceased husband to use the Disputed Property provided that they maintained the property.
45. Defendant has obtained a survey completed by Roger C. Watson Surveying Services,
Inc., that clearly shows that Defendant, and the prior owners of the premises, have always owned
the Disputed Property which is the subject of this lawsuit.
46. The survey obtained by Defendant shows that the Plaintiffs have constructed a
garage on the Disputed Property and have placed a mobile home or homes on a portion of the
Disputed Property.
47. Plaintiffs' use of Defendant's property is now unlaw Ful and without the permission
of Defendant.
48. Defendant is the legal and equitable title owner of the! Disputed Property making her
the sole owner in fee simple of the Disputed Property and Plaintiffs are currently trespassing on
the Disputed Property by affixing their mobile homes and the garage on the property.
49. Plaintiffs' continued use and assertion of a right of the ownership of a portion of the
property puts a cloud on Defendant's property giving Defendant the right to file this
counterclaim to quiet title and requests that further equitable relief in the form of requiring
Plaintiffs to remove the structures and mobile homes from the property.
WHEREFORE, Defendant requests this Honorable Court to order and direct the
following:
A. Confirm the ownership rights of Defendant in the Disputed Property to
the exclusion of all Plaintiffs, extinguishing any claims that they have or raised to
the Disputed Property;
B. Order and direct that the Plaintiffs remove any structures and/or
mobile homes from Defendant's property;
C. Discharge all claims made by Plaintiffs for any ownership interest that
they are claiming on the Disputed Property by adverse possession or otherwise;
D. Award reasonable attorney's fees and other such relief as the Court
deems just and reasonable to Defendant.
Respectfully submitted,
J
MICHAEL L. BAI FGS
Attorney for Defendant
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #,141263
10
VERIFICATION PURSUANT TO Pa. R.C.P. 1024(c)
I, MICHAEL L. BANGS, Esquire, counsel for Doris Wilson, verify that the statements
made in the foregoing Answer with New Matter and Counterclaim are true and correct to the best
of my knowledge, information, and belief based upon information and documents provided to
me by Doris Miller. I understand that the statements herein are made subject to the penalties of
18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
DATE: 01OLti
11
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I have this day served the foregoing ANSWER WITH NEW
MATTER AND COUNTERCLAIM by depositing a copy of same in the United States mail,
postage prepaid, at Camp Hill, Pennsylvania, addressed to the following:
Carl C. Risch, Esquire
Christopher E. Rice, Esquire
Martson, Deardorff, Williams & Otto
10 East High Street
Carlisle, PA 17013
DATE: I
12
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EUGENE E. FAILOR, SR.,
JOHN E. FAILOR, SR., SARAH MYERS
LAWRENCE M. FAILOR, and
CHARLENE SHAFFER,
Plaintiffs
V.
DORIS WILSON,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2004 - 1676 CIVIL TERM
CIVIL ACTION
ACTION TO QUIET TITLE
PLAINTIFFS' ANSWER TO DEFENDANT'S NEW MATTER AND COUNTERCLAIM
NEW MATTER
30. Allegations 1-29 in Plaintiffs' Complaint are incorporated herein by reference as if
fully set forth.
31. Denied. It is denied that Defendant's deceased husband gave Plaintiffs permission
to use the Disputed Property at any time. By way of further response, Plaintiffs had
and continue to hold both legal and equitable title in the Disputed Property.
32. Denied. It is denied that Defendant and her deceased husband continued to permit
Plaintiffs to use the Disputed Property at any time. By way of further response,
Plaintiffs had and continue to hold both legal and equitable title in the Disputed
Property.
33. Denied. It is denied that Defendant and her deceased husband were approached by
Plaintiffs to purchase the Disputed Property. By way of further response, Plaintiffs
had and continue to hold both legal and equitable title in the Disputed Property.
34. Denied. It is denied that Plaintiffs contacted Defendant and asked if they continued
to have permission to use the Disputed Property. By way of further response,
Plaintiffs had and continue to hold both legal and equitable title in the Disputed
Property.
35. Denied. It is denied that Plaintiffs contacted Defendant after the death of her
husband to acquire the Disputed Property and indicated that the Property was not
theirs, but that they had permission to use it. By way of further response, Plaintiffs
had and continue to hold both legal and equitable title in the Disputed Property.
36. Denied. It is denied that Defendant and her daughter were not interested in selling
the Disputed Property because Defendant, nor her daughter, held any ownership
interest in the Disputed Property. By way of further response, Plaintiffs had and
continue to hold both legal and equitable title in the Disputed Property.
37. Denied. Plaintiffs have always asserted an ownership interest in the Disputed
Property and Plaintiffs never acknowledged the Disputed Property as being owned
by Defendant.
38. Denied. Plaintiffs have always asserted an ownership interest in the Disputed
Property and Plaintiffs never acknowledged the Disputed Property as being owned
by Defendant.
39. Denied. Plaintiffs are without knowledge sufficient to form a belief as to the truth
of this averment and therefore it is denied and strict proof is demanded before or at
trial. By way of further response, Plaintiffs deny the contents of any survey that
contradicts the survey attached to their Complaint as Exhibit "B."
40. Denied as a conclusion of law. By way of further response, denied that Defendant
had ownership of the Disputed Property.
COUNTERCLAIM
41. Answers to Paragraphs 31 through 40 and Plaintiffs' Complaint are incorporated
herein by reference.
42. Denied. It is denied that Defendant is the legal and equitable owner of the Disputed
Property.
43. Denied as a conclusion of law. By way of further response, Plaintiffs are the legal
and equitable owners of the Disputed Property.
44. Denied. Plaintiffs are the legal and equitable owners of the Disputed Property.
45. Denied. Plaintiffs are without knowledge sufficient to form a belief as to the truth
of this averment and therefore it is denied and strict proof is demanded before or at
trial. By way of further response, Plaintiffs deny the contents of any survey that
contradicts the survey attached to their Complaint as Exhibit "B."
46. Denied. Plaintiffs are without knowledge sufficient to form a belief as to the truth
of this averment and therefore it is denied and strict proof is demanded before or at
trial. By way of further response, Plaintiffs deny the contents of any survey that
contradicts the survey attached to their Complaint as Exhibit "B."
47. Denied. Plaintiffs are the legal and equitable owners of the Disputed Property as
described in their Complaint.
48. Denied. Plaintiffs are the legal and equitable owners of the Disputed Property as
described in their Complaint.
49. Denied. Plaintiffs are the legal and equitable owners of the Disputed Property as
described in their Complaint. By way of further response, denied as a conclusion of
law.
WHEREFORE, Plaintiffs pray your Honorable Court to order that Plaintiffs are both the legal
and equitable owners of the Disputed Property, discharge any right„ title or interest ofDefendant and
all persons claiming under them, and award reasonable attorney's fees and any other such relief as
the court deems just and reasonable.
Respectfully submitted,
Date: June 21, 2004
MARRTTSONN DEARDO{RFF WILLIAMS & OTTO
By / <.
Chnstop Eher?Rice, Esquire
I.D. No. 90916
Carl C. Risch, Esquire
I.D. No. 75901
Ten East High Street
Carlisle, PA 17013
(717)243-3341
Attorneys for Plaintiffs
VERIFICATION
The foregoing Answer to Defendant's New Matter and Counterclaim is based upon
information which has been gathered by my counsel in the preparation of the lawsuit. The language
of the document is that of counsel and not my own. I have read the document and to the extent that
it is based upon information which I have given to my counsel., it is true and correct to the best of
my knowledge, information and belief. To the extent that the content of the document is that of
counsel, I have relied upon counsel in making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I may be subject to criminal penalties.
E ne E. Failor, Sr.
Dated: ?r -,,21- o `/
F: TILES\DATA ILF\G m[\CurtrnN 1140-1,.]
CERTIFICATE OF SERVICE
tto,
I, Christopher E.RrceeorelfendantsNewMaterandColuntercl?mwas
hereby certify that acopy ofth goingAnswer toDe ostage
served this date by depositing same in the Post Office at Carlisle, PA, first class mail, p
prepaid, addressed as follows:
Michael L. Bangs
429 South 181" Street
Camp Hill, PA 17011
Attorney for Defendant
MARTSON DE/AR,DORFF WILLIAMS & OTTO
By hristopher h. uce, Esquire
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Dated: June 22, 2004
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Curtis R. Long
Prothonotary
Office of the Protbonotarp
Cumberianb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
nor - / L *Ylp CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573