HomeMy WebLinkAbout09-0598SAFE HARBOUR INC.,
Plaintiff
V.
PARA TWO CORPORATION,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
: CIVIL ACTION //
:No. 09-
N 0 T I C E 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
32 Bedford Street
Carlisle, PA 17013
(717) 249-3166
SAFE HARBOUR INC.,
Plaintiff
V.
PARA TWO CORPORATION,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION
No. 09- S99 C,t _
/ e
COMPLAINT
The Plaintiff, Safe Harbour Inc. is a non-profit corporation organized under the laws of
the Commonwealth of Pennsylvania, with its primary offices located at 120 West High
Street, Carlisle, PA 17013
2. The Defendant, Para Two Corporation is a corporation organized under the laws of the
Commonwealth of Pennsylvania, with its primary offices formerly at 200 N. Third Street,
Harrisburg, PA 17101. Its current office and location are unknown.
3. Defendant, Para Two Corporation is the registered owner of all that certain lot of ground
situate in the Borough of Carlisle, Cumberland County, Pennsylvania, bounded and
described as follows:
On the North by Church Avenue; on the East by property formerly of Para Two
Corporation, now of Safe Harbour Inc.; on the South by property now or formerly
of George Williamson, et al; and on the West by property now or formerly of
Reuben Ettinger.
Containing Fifteen (15) feet, more or less, in front on Church Avenue, and
extending at an even width to a depth of 120 feet to the properties on the South.
(Recorded in Deed Book W, Volume 22, Page 423)
4. Said Property was issued the tax Parcel ID 04-21-0320-087 and is commonly known as
132 West Church Avenue and used in conjunction with the adjacent lot commonly
known as 130 West Church Avenue as a parking lot owned and maintained by Safe
Harbour Inc.
5. Defendant, Para Two Corporation purchased the James Wilson Hotel (located at 120
West High Street in Carlisle) and 130 West Church Avenue in one deed dated March 7,
1967, as recorded in Deed Book X, Volume 34, Page 926.
6. On July 30th 1968, Para Two Corporation purchased the lot in question (132 West Church
Avenue) and used the two adjoining lots for parking.
7. On June 7, 1977 Para Two Corporation transferred the James Wilson Hotel and 130 West
Church Avenue to the James Wilson Partnership, as; recorded in Deed Book F, Volume
27, Page 203.
8. For reasons unclear, 132 West Church Avenue was not conveyed to the James Wilson
Partnership. Plaintiffs believe this was an error of omission and the parties intended to
convey both properties that make up the parking lot.
9. In 1978, the James Wilson Partnership transferred ownership of the hotel to the
Cumberland County Industrial Development Authority but retained ownership of 130
West Church Avenue, as recorded in Deed Book Q, Volume 27, Page 368.
10. The James Wilson Partnership conveyed 130 West Church Avenue to the Cumberland
Coalition for Shelter, a former entity of Safe Harbour Inc., in 1987 as recorded in Deed
Book S, Volume 32, Page 233.
11. The Cumberland Coalition for Shelter purchased the James Wilson Hotel from the
Cumberland County Industrial Development Authority for $1.00 in 1991 as recorded in
Deed Book X, Volume 34 Page 926.
12. At all times since the Defendant, Para Two Corporation, purchased the properties located
at 130 and 132 West Church Avenue the owners have utilized the properties as a single
parking lot.
13. The Plaintiff, Safe Harbour Inc. has paid all real estate taxes on both 130 West Church
Avenue and 132 West Church Avenue since 1987.
14. On September 2, 2008, Safe Harbour Inc. believing it was the lawful owner of 132 West
Church Avenue requested and was granted tax exemption status for real estate taxes as
issued in a decision by the Cumberland County Board of Assessment Appeals. (see
Exhibit 1)
15. It is believed that Para Two Corporation is no longer an existing corporation as evidenced
through returned mail sent via the United States Postal Service (see Exhibit 2), and the
lack of records of such corporation held by the Pennsylvania Department of Revenue (see
Exhibit 3).
16. All efforts to locate the former officers of Para Two Corporation via telephone directories
and Internet sources have failed.
17. It is averred by the Plaintiff, Safe Harbour Inc., that Para Two Corporation intended to
convey the property located at 132 West Church Street when the Defendant conveyed
130 West Church Street and that Defendant, Para Two Corporation no longer exists to
state a claim to the property.
WHEREFORE, the Plaintiff, Safe Harbour Inc., request the Court to order that the
defendant be forever barred from asserting any right, lien, title or interest in the land
inconsistent with the claim of the plaintiff unless the defendant takes such action as the court
directs within 30 days. Furthermore, the Plaintiff, Safe Harbour Inc. requests the court to
direct the execution of a new deed entitling Safe Harbour Inc. as the lawful owner of said
property, in the Recorder of Deeds Office for Cumberland County.
Respectfully Submitted,
to Brian O. Williams, Esquire
Turo Law Offices
28 South Pitt Street
Carlisle, PA 17013
Supreme Court I.D. No. 209610
(717) 245-9688
VERIFICATION
I verify that the statements made in the foregoing Quiet Action Complaint are true
and correct. I understand that false statements herein made are subject to the penalties
of Pa.C.S. §4904 relating to unsworn falsification to authorities.
-4110
? 1, le'O t eW W- ? t
Date Wendell Hollinger
Executive Director
Cumb,edand County Boa 6d f Assessment Appeals
Old Courthouse
One Courthouse Square (717) 240-6350
Carlisle, PA 17013 (717) 240-6354 (fax)
Board of Assessment Appeals BONNIE M. MAHONEY
Lloyd W. Bucher Chief Assessor
R. Fred Hefelfinger
Sarah Hughes STEPHEN D. TILEY.
Assistant Solicitor
DECISION ORDER
MAILING DATE: September 2, 2008
PARCEL NUMBER: 04-21-0320-087.
PARA TWO CORPORATION
SAFE HARBOUR
WENDELL HOLLINGER
102 WEST HIGH STREET
CARLISLE PA 17013
Dear Property Owner:
This letter is to officially notify you of the decision of the Cumberland County Board of Assessment Appeals
regarding the above-referenced parcel.
DATE OF APPEAL HEARING: 08/28/2008
DATE DECISION RENDERED: 09/02/2008
EFFECTIVE FOR TAX YEAR: 2008
DECISION RENDERED: [ ] Withdrawn By Applicant
[ J Abandoned For Failure To Appear
[ ] Denied - No Change
[ ] Approved Review Appraiser's Changes
[ ] Revised Assessment Based on Hearing
[X] Other: EXEMPTION GRANTED
TOTAL VALUE FAIR MARKET CLEAN AND GREEN CLEAN AND GREEN
STATUS
Old Assessed Value: 5,000
New Assessed Value: 0
NOT
APPLICABLE
Any person aggrieved by the order of the Board of Assessment may appeal to the Court of Common
Pleas by filing a petition in the Prothonotary's office on or before October 2, 2008.
EXHIBIT
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DEPARTMENT OF REVENUE
BUREAU OF COMPLIANCE
LIEN SECTION
PO BOX 280948
HARRISBURG PA 17128-0948
Request of
TURO LAW OFFICES
28 SOUTH PITT ST
CARLISLE PA 17013
LIEN
CERTIFICATE
for a Lien Certificate under Section 213 of the Act of April 9, 1929, (P.L. 343, No. 176) as amended
L0009315
REV-I93 d (11-87) DOCMC<M>
THIS CERTIFICATE IS A TRUE AND CORRECT STATEMENT OF CORPORATE TAX LIENS OF RECORD IN THE
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF REVENUE, AGAINST
PARA TWO CORPRATION
SETTLEMENT/
ASSESSMENT
DATE
TAX YEAR
TYPE OF TAX
AMOUNT
NO RECORD
COMPANY NOT LISTED UNDER TITLE STAT D
NOTE: INTEREST CHARGES ARE SETTLED/ASSESSED ON UNPAID TAXES AT TIME OF PAYMENT OR ASSESSMENT OF CORP TAX.
The Commonwealth reserves the right to make collection of any additional amount of Corporate Net Income Tax which may
arise as a result of changes made by the Federal Government.
CERTIFICATE INCLUDES TRANSACTIONS AS OF
EXHIBIT
Please direct all inquiries to the above address, ATTN: Lien Section or telephone (717) 787-3911 ext. 3. y
TDD # 1-800-447-3020 (Services for Special Hearing and Speaking Needs Only). - 3
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SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2009-00598 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SAFE HARBOUR INC
VS
PARA TWO CORPORATION
R. Thomas Kline Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT to wit:
PARA TWO CORPORATION
but was unable to locate Them in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania, to
serve the within COMPLAINT & NOTICE
On February 23rd , 2009 , this office was in rece?pt of the
attached return from DAUPHIN
Sheriff's Costs:
Docketing
Out of County
Surcharge
DEPUTIZE DAUPHIN
NOT FOUND RETURN
18.00
9.00
10.00
41.25
5.00
So answers•
R. Thomas Kline
Sheriff of Cumberland' County
C7J . G J
00/00/0000
TURO LAW OFFICE
Sworn and subscribe to before me
this day of
A. D.
r >.
?? 't 9Z 2aj 60 02
In The Court of Common Pleas of Cumberland. County, Penlnsylvahia'
Safe BarbourVInc
Para Two Corporation No. 2009-558 Civil
.
, I, SHERIFF OF CUMBERLAND 'COUNTY, PA, do
Now, 2/9/Q-9
hereby deputize the Sheriff of Dauphin County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of .Service
Now, , 20 , at o'clock M. served the
by handing to
a
and made known to
So answers,
Sheriff of
Sworn and subscribed before
me this day of , 20-
copy of the original
the contents thereof.
COSTS
SERVICE
MILEAGE
AFFIDAVIT
County, PA
(Ptli'tt Of thesherfrf
Mar JEaneD.P. der
William T. Tully
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 790-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
County of Dauphin
SAFE HARBOR INC.
VS
PARA TWO CORPOR
Sheriffs Return
No. 2009-T-0345
OTHER COUNTY NO. 2009598
Sheaffer
W. Rinehart
t Chief Deputy
I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify
and return, that I made diligent search and inquiry for PARA TWO CORPO TION the
DEFENDANT named in the within COMPLAINT TO QUIET TITLE and that I am unable to
find him/her in the County of Dauphin, and therefore return same NOT
FEBRUARY 17, 2009.
DEFT NOT KNOWN AT THIS ADDRESS
So Answers,
Sworn and subscribed to p
before me this 18TH day of February, 2009 J?
Sheriff of Dauphin Coun , Pa
By
NOTARIAL SEAL Deputy Sheriff
F JANE SNYDER, Notary Publi
ighspire, Dauphin County Deputy: R HOPKINS
mmission Expires t 1 ,2010 Sheriffs Costs: $41.25 2/13 2009
SAFE HARBOUR INC.,
Plaintiff
V.
PARA TWO CORPORATION,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION
No. 09-0598
MOTION FOR SERVICE BY PUBLICATION
1. On February 5, 2009, the Plaintiff, Safe Harbour Inc. filed a complaint to quiet title
against Defendant concerning real property located at 132 West Church Street, Carlisle,
PA 17013.
2. The Plaintiff has attempted to contact Defendant at its address of record, 200 N. Third
Street, Harrisburg, PA 17101, according to the Pennsylvania Department of State,
Corporation Bureau, but the mail was returned by the U.S. Postal Service.
3. The Sheriff of Cumberland County, through the Office of the Sheriff of Dauphin County
attempted to effect personal service upon the Defendant but reported that he was unable
to find Defendant.
4. Although the Pennsylvania Department of State certified that Para Two Corp. was duly
incorporated and remains a subsisting corporation according to its records on November
24, 2008, it continues to report a registered office address of 200 N. Third Street,
Harrisburg, Pennsylvania.
5. The Pennsylvania Department of Revenue, to whom the Defendant should be paying
annual corporate taxes, reported that there is no record of such a company in its Lien
Certificate dated December 24, 2008.
6. There is no listing for Para Two Corporation in local telephone directories and all
attempts to locate a listing using on-line computer services have been unsuccessful.
7. The Pennsylvania Rules of Civil Procedure, specifically Pa.R.C.P. § 430 (a), permits the
Court to allow the Plaintiff to effect service by publishing a notice in the legal publication
and a newspaper of general circulation within the County, such notice to conform to the
requirements of Pa. R.C.P. § 430 (b)(1).
WHEREFORE, the Plaintiff, Safe Harbour Inc., requests this honorable Court to issue a
special order permitting Plaintiff to effect service by placing a notice in the Cumberland Law
Journal and a newspaper of general circulation as required by Pa.R.C.P. § 430.
4 n
Date
Respectfully Submitted,
es M. Ro nson, Esquire
o Law O ices
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Supreme Court I.D. No. 84133
F?LEU-tt????E
OF THE F?s Tl-.,, IIN TAPY
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SAFE HARBOUR INC.,
Plaintiff
V.
PARA TWO CORPORATION,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION
No. 09-0598
AMENDED MOTION FOR SERVICE BY PUBLICATION
1. On February 5, 2009, the Plaintiff, Safe Harbour Inc. filed a complaint to quiet title
against Defendant concerning real property located at 132 West Church Street, Carlisle,
PA 17013.
2. The Plaintiff has attempted to contact Defendant at its address of record, 200 N. Third
Street, Harrisburg, PA 17101, according to the Pennsylvania Department of State,
Corporation Bureau, but the mail was returned by the U.S. Postal Service.
3. The Sheriff of Cumberland County, through the Office of the Sheriff of Dauphin County
attempted to effect personal service upon the Defendant but reported that he was unable
to find Defendant.
4. Although the Pennsylvania Department of State certified that Para Two Corp. was duly
incorporated and remains a subsisting corporation according to its records on November
24, 2008, it continues to report a registered office address of 200 N. Third Street,
Harrisburg, Pennsylvania.
5. The Pennsylvania Department of Revenue, to whom the Defendant should be paying
annual corporate taxes, reported that there is no record of such a company in its Lien
Certificate dated December 24, 2008.
6. There is no listing for Para Two Corporation in local telephone directories and all
attempts to locate a listing using on-line computer services have been unsuccessful.
7. The Pennsylvania Rules of Civil Procedure, specifically Pa.R.C.P. § 430 (a), permits the
Court to allow the Plaintiff to effect service by publishing a notice in the legal publication
and a newspaper of general circulation within the County, such notice to conform to the
requirements of Pa. R.C.P. § 430 (b)(1).
8. No judge has ruled on this or any related issue concerning this matter.
9. Because the Plaintiff has been unable to locate the Defendant, he is unable to determine if
there is opposing counsel and has, therefore, been unable to contact same.
WHEREFORE, the Plaintiff, Safe Harbour Inc., requests this honorable Court to issue a
special order permitting Plaintiff to effect service by placing a notice in the Cumberland Law
Journal and a newspaper of general circulation as required by Pa.R.C.P. § 430.
Respectfully Submitted,
)1,j5- Pq
Date
on, Esquire
s
J Wes A Ro t
o Law Offi s
28 South Pitt Street
Carlisle, PA 17013
(717) 245-9688
Supreme Court I.D. No. 84133
OF THE RR^ "` ?GNOTAAY
2009 APR 15 AVi 1.33
CUM L w 1 i.WF F
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SAFE HARBOUR INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
PARA TWO CORPORATION,
Defendant
CIVIL ACTION
No. 09-0598
AFFIDAVIT PURSUANT TO RULE 430
I, James M. Robinson, Esquire, attorney for the Plaintiff, Safe Harbour, Inc.,
hereby certify that I have attempted, through the actions outlined below, to find the
Defendant, Para Two Corporation, and to have a true and correct copy of the Action to
Quiet Title served upon said Defendant.
1. The Pennsylvania Department of State certified that Para Two Corporation was
duly incorporated and remained a subsisting corporation on November 24, 2008, and
reported a registered office address of 200 N. Third Street, Harrisburg, Pennsylvania. I
visited this location but was unable to find an office for the Defendant nor any individual
that had previously heard of Para Two Corporation.
2. Mail sent to Para Two Corporation at the registered address of 200 N. Third
Street, Harrisburg, Pennsylvania was returned by the United States Postal Service, who
reported that it has no forwarding address for Defendant.
3. The Pennsylvania Department of Revenue, to whom the Defendant should be
paying annual corporate taxes, reported that it had no record of Para Two Corporation
in its Lien Certificate dated December 24, 2008.
4. The Sheriff of Cumberland County, through the Office of the Sheriff of Dauphin
County, attempted to effect personal service upon the Defendant but reported that it
was unable to locate Defendant.
5. The Plaintiff has made an exhaustive search of local telephone directories and
on-line computer services and has been unable to locate a telephone number or any
information for Para Two Corporation.
L~'
to file Articles of Dissolution with the Pennsylvania Department of State.
TURO LAW OFFICES
s/s/o9
Date
Plaintiff believes that Para Two Corporation ceased to exist years ago but failec
J s M. Rob' son, Esquire
2 outh Pitt treet
Carlisle, PA 7013
(717) 245-9688
Supreme Court I.D. No. 84133
F
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SAFE HARBOUR INC.,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
V.
PARA TWO CORPORATION,
Defendant
CIVIL ACTION
No. 09-0598
AFFIDAVIT PURSUANT TO RULE 430
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: SS
I, James M. Robinson, Esquire, attorney for the Plaintiff, Safe Harbour, Inc., do
depose and say that I have attempted, through the actions outlined below, to find the
Defendant, Para Two Corporation, and to have a true and correct copy of the Action to
Quiet Title served upon said Defendant.
1. The Pennsylvania Department of State certified that Para Two Corporation was
duly incorporated and remained a subsisting corporation on November 24, 2008, and
reported a registered office address of 200 N. Third Street, Harrisburg, Pennsylvania. I
visited this location but was unable to find an office for the Defendant nor any individual
that had previously heard of Para Two Corporation.
2. 1 sent first-class, postage prepaid mail to Para Two Corporation at the registered
address of 200 N. Third Street, Harrisburg, Pennsylvania which mail was returned by
the United States Postal Service, who reported that it has no forwarding address for
Defendant.
3. The Pennsylvania Department of Revenue, to whom the Defendant should be
paying annual corporate taxes, reported that it had no record of Para Two Corporation
in its Lien Certificate dated December 24, 2008.
4. The Sheriff of Cumberland County, through the Office of the Sheriff of Dauphin
County, attempted to effect personal service upon the Defendant but reported that it
was unable to locate Defendant.
5. The Plaintiff and I have made an exhaustive search of local telephone directories
and on-line computer services and have been unable to locate a telephone number or
any information for Para Two Corporation.
The Plaintiff and I believe that Para Two Corporation ceased to exist years ago
but failed to file Articles of Dissolution with the Pennsylvania Department of State.
S ? D
Date
Ja M. Robi on, Esquire
T LAW OFFICES
28 outh Pitt Street
Carlisle, PA 17013
(717) 245-9688
Supreme Court I.D. No. 84133
Sworn or affirmed and subscribed before me by James M. Robinson, Esquire,
this Qth day of May, 2009.
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PENNSYL.V,WA
SAFE HARBOUR, INC., IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
PARA TWO CORPORATION :
Defendant : NO. 09-0598 CIVIL TERM
IN RE: AMENDED MOTION FOR
SERVICE BY PUBLICATION
AND NOW, this 14th day of May, 2009, upon consideration of Plaintiff's
Amended Motion for Service by Publication and of the Affidavit Pursuant to Rule 430
filed by Plaintiff's counsel, the motion is granted to the extent that service of original
process in this case may be made upon Defendant by (a) regular mail to Defendant's
registered office, (b) certified mail to Defendant's registered office, return receipt
requested, and (c) publication once in the Cumberland Law Journal, a newspaper of
general circulation in Cumberland County, and a newspaper of general circulation in
Dauphin County.
SERVICE OF further papers in the case may be made by regular mail to
Defendant's registered office, except as otherwise required by statute.
SERVICE as authorized herein by mail, certified or regular, shall be deemed
complete upon mailing.
J
VJames M. Robinson, Esq.
Turo Law Offices
28 South Pitt Street
Carlisle, PA 17013
Attorney for Plaintiff
(20 rri7,l tccL
?Y
BY THE COURT,
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9 6 :? j '_l , `I W 6 002