HomeMy WebLinkAbout09-2728W&S BUILDERS, INC.,
Plaintiff
V.
SANDRA WIRTH,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04-17,28
eivi t lero-
: CIVIL ACTION
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 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 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siquientes, usted tiene viente (20) dias de plazo al partir de la fecha
de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o
por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las
demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara
medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier
queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus
propiedades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O
SI NO TIENE EL DINERO SUNCIENTE DE PAGAR TAL SERVICION, VAYA EN PERSONA O
LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA
ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
REAGER & ADLER, P.C.
BY: THEODORE A. ADLER, ESQUIRE
Attorney I.D. No. 16267
Email: Tadler@ReagerAdlerPC.com
BY: JOHN H. PIETRZAK, ESQUIRE
Attorney I.D. No. 79538
Email: JPietrzak@ReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attorneys for W&S Builders, Inc.
W&S BUILDERS, INC., : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. : NO. D 9- .2 7-2 k 01 ?- -T?
SANDRA WIRTH CIVIL ACTION
Defendant
COMPLAINT
1. Plaintiff W&S Builders, Inc. (hereinafter "W&S") is a corporation incorporated
under the laws of Commonwealth of Pennsylvania with it=s offices located at 13 North Progress
Avenue, Suite 204, Harrisburg, Pennsylvania 17103.
2. Defendant Sandra Wirth (hereinafter "Sandra Wirth") is an adult individual with
an address of 1429 Raven Hill Road, Mechanicsburg, Pennsylvania 17055.
3. W&S brings this action pursuant to Pa.R.Civ.P 1061(b)(1) and (3), which provide
in part that, where a dispute regarding ownership of real property exists, an action to quiet title
may be brought to compel an adverse party to commence an action in ejectment or to admit the
validity of a deed affecting any right, title or interest in land.
4. The property that is the subject of this quiet title action is 3528 Ash Street,
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Harrisburg, Dauphin County, Pennsylvania.
On or about March 30, 2001, Defendant Sandra Wirth conveyed 3528 Ash Street
to Frank Wirth. The deed for this conveyance is recorded in the Office of the Recorder of Deeds
of Dauphin County, in Dauphin County Deed Book 3924, Page 415. A true and correct copy of
the deed conveying 3528 Ash Street to Frank Wirth is attached hereto as Exhibit "A".
6. On or around June 29, 2006, Frank Wirth conveyed 3528 Ash Street to W&S. the
deed for this conveyance is recorded in the Office of the Recorder of Deeds of Dauphin County
at Instrument No. 20060026654. A true and correct copy of the deed conveying 3528 Ash Street
to W&S is attached hereto as Exhibit "B".
7. W&S is the owner 3528 Ash Street, Harrisburg, Pennsylvania, and has maintained
possession of, and control over the property from June 29, 2006 to the present.
8. On or around April 13, 2009, Sandra Wirth verbally represented to Ken Wirth,
President of W&S, that Sandra Wirth continued to own 3528 Ash Street despite the deed that had
been recorded conveying the property to Frank Wirth on March 30, 2001.
9. Defendant Sandra Wirth has not expressed or alleged any ownership interest in
3528 Ash Street from the time it was conveyed to W&S on June 29, 2006 until she first alleged
some ownership interest verbally to W&S on or about April 13, 2009.
10. Defendant Sandra Wirth's claim to some right, title or interest in 3528 Ash Street
creates a cloud on the title of the property that is owned by W&S.
11. The cloud on the title of 3528 Ash Street impairs W&S's ownership of the
property and will inhibit the sale of the property to a third-party purchaser should W&S seek to
sell 3528 Ash Street.
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12. W&S brings this quiet title action to compel Sandra Wirth to set forth the nature
of her alleged right, title or interest in 3528 Ash Street, Harrisburg, Dauphin County,
Pennsylvania by filing an action in ejectment against W&S, or else be forever barred from
making any claim to any right, title or interest in 3528 Ash Street, Harrisburg, Dauphin County,
Pennsylvania.
13. In the alternative, if an action in ejectment will not lie, W&S brings this quiet title
action to compel Sandra Wirth to admit the validity of the deed conveying 3528 Ash Street,
Harrisburg, Dauphin County, Pennsylvania to Frank Wirth on March 30, 2001, or else be forever
barred from making any claim to any right, title or interest in 3528 Ash Street, Harrisburg,
Dauphin County, Pennsylvania.
WHEREFORE, Plaintiff, W&S Builders, Inc. requests this Honorable Court to order
Defendant Sandra Wirth, her heirs, devisees, administrators, executors, successors and assigns,
and any person or persons having or claiming any right, title, estate, lien or interest in 3528 Ash
Street, Harrisburg, Dauphin County, Pennsylvania through or under Defendant Sandra Wirth, to
set forth the nature of their several claims by filing either an action in ejectment or an action to
determine the validity of the deed conveying 3528 Ash Street, Harrisburg, Dauphin County,
Pennsylvania, to Frank Wirth on March 30, 2001 and to file such action within 30 days, or else
forever be barred from having or claiming any right, title, estate, lien or interest in 3528 Ash
Street, Harrisburg, Dauphin County, Pennsylvania. Plaintiff further requests that it be awarded
its costs of suit.
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Respectfully submitted,
REAGER & ADLER, P.C.
Date: April 30, 2009
The ore A. Adler, Esquire
Atto ey I.D. No. 16267
John H. Pietrzak, Esquire
Attorney I.D. No. 79538
Attorneys for Plaintiffs W&S Builders, Inc.
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VERIFICATION
I, Kenneth C. Wirth, am the President of W&S Builders, Inc., and, as such, I am
authorized to verify that the averments of the foregoing document are true and correct to my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities.
Date: By:
Kenneth C. Wirth, President
W&S Builders, Inc.
0
l0(. -;?,3
Tax Parcel No.:
52-035-158
2001 -S P I: ZS
RECURFOrr;
D E E D
COUNTY OF
THIS INDENTURE, Made the 30tH day of march, 2001
BETWEEN SANDRA E. FAKE-WIRTH, single woman, and FR.n*tK
WIRTH, single man,
herein designated as the Grantors,
AND FRANK WIRTH, single man
herein designated as the Grantee:
WITNESSETH, that the said Grantors for and in consideration of the
sum of One and No/100 ($1.00) Dollar lawful money of the United
States of America, to the Grantors in hand well and truly paid by
the said Grantee, at or before the sealing and delivery of these
presents, the receipt whereof is hereby acknowledged, and the
Grantor being therewith fully satisfied, does by these presents
grant, bargain, sell and convey unto the Grantee forever, his
heirs and assigns,
ALL THAT CERTAIN tract of ground situate in Susquehanna Township,
Dauphin County. Pennsylvania, more particularly bounded and
described as foalows, to wit:
BEGINNING at a point on the northern line of Ash Street, now kno?:r1
as Victory Road, 95 feet measured eastwardly along the norther?:
line of Ash Street from the northeast corner of oak and Ash Streets
as shown on the hereinafter mentioned Plan of Lots; thence in a
northerly direction along a line parallel with the eastern line of
Oak Street 90 feet to a point on the northern line of Lot No. 13,
Block K on said Plan; thence in an easterly direction along said
line 30 feet to a point in the eastern boundary line of said Lot
No. 13, Block K; thence in a southerly direction along said eastern
line of said Lot No, 13, Block K and along the eastern line of Lots
Nos. 11 and 12, Block K 90 feet to Ash Street; thence in a westerly
direction alone ;:he northern line of Ash Street 30 feet to a poi^=,
the place of.Bi:INNING.
BEING the easterly portion of Lots 11, 12 and 13, Block K, on Plan
of Lots known as Progress Extension laid out by Fishborn and Fox.
i
HAVING thereon erected a two and one-half story frame garage and
apartment building known as 3528 Ash Street.
ON3924PG 415
BEING the same premises which Sandra E. Fake-Wirth, by deed dated
February 29, 1988 and recorded February 29, 1588 in Dauphin County
Recorder's Office in Deed Book 1076, Page 083, granted and conveyed
unto the grantors herein. The said grantors were divorced November
15, 2000, Divorce Case No. 5699-S-D7, Dauphin County.
THIS TRANSFER IS EXEMPT FROM TRANSFER TAXES AS BETWEEN PERSONS WHO
WERE PREVIOUSLY MARRIED BUT HAVE SINCE DIVORCED.
TOGETHER with all and singular, the said property, improvements,
ways, waters, water courses, rights, liberties, privileges,
hereditaments and appurtenances whatsoever thereunto belonging, or
in anywise appertaining; and the reversion and reversions,
remainder and remainders, rents, Issues and profits thereof; and of
every part and parcel thereof AND ALSO all the estates, right,
title, interest, use, possession, property, claim. and demand
whatsoever, of the Grantor(s), both in law as in equity, of, i",
and to the premises herein described and every part and parcel
thereof with the appurtenances. TO HAVE AND To HOLD all and
singular the premises herein described together with the
hereditaments and appurtenances unto the Grantees and to Grantees'
proper use and benefit forever
AND the Grantors covenant that, except as may be herein set forth,
they do and will. forever specially warrant and defend the lards and
premises, hereditaments and appurtenances hereby conveyed against
the Grantors and all other persons lawfully claiming the same or to
claim the same.
UcDER AND SUBJECT to Acts of Assembly, county and township
ordinances, rights of public utility and public service companies,
existing restrictions and easements, visible or of record, to the
extent that any persons or entities have acquired legal rights
thereto.
In all references herein to any parties, persons, entities or
corporations, the use of any particular gender or the plural or
singular number is intended to include the appropriate gender or
number as the text of the within instrument may require.
Wherever in this instrument any party shall be designated or
referred to by name or general reference, such designation is
intended to and shall have the same effect as if the words "heirs,
executors, administrators, personal or legal representatives,
successors and assigns" had been inserted after each and every such
designation.
IN WITNESS WHEREOF, the said Grantors have hereunto set their hands
OK3924PG 416
and seals the day and year first above written.
Signed, Sealed and Delivered, in the presence of:
WITNESS: A
?iw nnY -ylOr-A. s 3?. ia1! SEA )
Sandra E. FZ i?rth,
"
Frank Wirth
Commonwealth of Penn y hania:
County of o"JPKPI" C*v)
ON THIS, the PTU day of
undersigned officer, personally
known to me (or satisfactorily
name(s) is/are subscribed to the
that he/she/they executed the
contained.
Commonwealth of Penn ylv
County of 'i Y\ ?G
MAPr.lt 2001, before me, the
appeared Sandra E. Fake-Wirth,
proven) to be the person(s) whose
within instrument and acknowledgad
same for the purposes therein
f
NOTARY LIC
My Commission Expires:
M
L%_ PW4A OO 7Wp., Nolwy Pu6M11ttoyy
Cam6wo F.rp6 OOPL 1?!
ON THIS, the ATH day of IMP Rc u 2001, before me, the
undersigned officer, personally appeared Frank Wirth, known to T,e
(or satisfactorily proven) to be the person (s) whose name (a) is/are
subscribed to the within instrument nd acknowledged that
he/she/they executed the same for the p as therein co a• ed.
I honby CERTIFY 10 ft OME M 9 ?
Is tocoNud in to RocordK4 Oft* =?-1
Of DAWW Carob' P_q_$V&niu. N U . C -?
a„ My C .mission Expires: 4.44
P Mom AL &Vm" ~V 0 NoWWSSW
'cPoubbft
(L. 13
by s.vs. aa4
I hereby certify the ddress of the apove-n Wase(s) to be:
t% Hi. L ?f l aver I Ia?tc16e ' /
i !! BR3924PG 417
?X?rb?f ?
INSTf: 20060026654 Recorded: 07/05/2006 at 10:58:26 AM 3 PAGES JAMES M. ZUGAY,
RECORDER OF DEEDS, DAUPHIN COUNTY,PA. RECORDED BY DEPUTY CLERK: CMECK
2
/? THIS DRSD
MADE THE z'7 o day of ???? in the year of our
Lord two thousand six (2006)
BETWEEN FRANK WIRTH, single person, of Cumberland
County, Pennsylvania, hereinafter referred to as
(Grantor)
and W&S BUILDERS, INC. a Pennsylvania Corporation of
Cumberland County, Pennsylvania, hereinafter referred to
as
(Grantee)
WITNESSETH, that in consideration of Ninety-six Thousand Twenty-
six Dollars and 00/100 ($96,026.00) in hand paid, the receipt
whereof is hereby acknowledged, the said grantor does hereby grant
and convey to the said grantee, its successors and/or assigns:
ALL THAT CERTAIN tract of ground situate in Susquehanna Township, Dauphin County, Pennsylvania,
more particularly bounded and described as follows, to wit:
BEGINNING at a point on the northern line of Ash Street, now known as Victory Road, 95 feet measured
eastwardly along the northern line of Ash Street from the northcast comer of Oak and Ash Streets as
shown on the hereinafter mentioned Plan of Lots; thence in a northerly direction along a line parallel with
the eastern line of Oak Street 90 feet to a point on the northern line of Lot No. 13, Block K on said Plan;
thence in an easterly direction along said line 30 feet to a point in the eastern boundary line of said Lot No.
13, Block K; thence in a southerly direction along said eastern line of said Lot No. 13, Block K and along
the eastern line of Lots Nos. 11 and 12, Block K 90 feet to Ash Street; thence in a westerly direction along
the northern line of Ash Street 30 feet to a point, the Place of BEGINNING,
BEING the easterly portion of Lots 11, 12 and 13, Block K, on Plan of Lots known as Progress Extension
laid out by Fishbom and Fox.
HAVING thereon erected a two and one-half story frame garage and apartment building known as 3528
Ash Street.
BEING the same premises which Sandra E. Fake-Wirth, single person and Frank Wirth, single
person by deed dated March 30, 2001 and recorded in the Office of the Recorder of Deeds in and
for Dauphin County in Deed Book 3924, Page 415, granted and conveyed unto Frank Wirth, single
person, Grantor herein.
INSTRUMENT #: 20060026654 PAGE 2 OF 3
AND the said grantor hereby covenants and agrees that he
will warrant specially the property hereby conveyed.
IN WITNESS WHEREOF, said grantor has hereunto set his hand
and seal the day and year above written.
SIONZD, SZRLZD AND DZLIVZRZDt _? ?i
IN TSZ PRZSZNCZ OF : Frank Wirth
State of
County of :SS.
On this, the 0?/- day of f? 2006, before
me, the undersigned officer personal appeared Frank Wirth,
single person, known to me (or satin actorily proven) to be the
person whose name is subscribed to the within instrument, and
acknowledged that he executed the same for the purposes therein
conta jEALTrNOOFPENNSYLVANK
E?S9dY??REOF, I hereunt s nd and official seal.
oigQrlind
b w E*ftOct 172009 (SEAL)
M* bn, Pem"ank M*od&ftn of NofaAN T. l e o Ot f c r
I do hereby certify that the precise residence and complete
post office Address of the wi in named rtes is
f9 If
->- , 2006
Atto f
COMMONWEALTH OF PENNSYLVANIA:
:ss
County of
RECORDED on this day of
A.D. 2006, in the Recorder's office of the
said County, in Deed Book Vol.
Page
Given under my hand and the seal of the said
office, the date above written.
, Recorder.
. f
DIRECT NAME: W1RTH, FRANK
RECORDING FEES -County: $13.00
COMMOWEALTH OF PA: $960.26
MUNICIPALITY: $480.13 SUSQUEHANNA TWP
SCHOOL DISTRICT: $480.13 SUSQUEHANNA
AOPC: $10.00
AFFORDA13LE HOUSING: $13.00
INSTRUMENT #: 20060026654
RECORD DATE: 715200610:58:26 AM
RECORDED BY: CMECK
DOC TYPE: DEED
AGENT: SARIS, FLOWER & LINDSAY
INDIRECT NAME: W8S BUILDERS, INC.
RECORDING FEES -State: $0.50
ACT 8 OF 1998: $5.00
I Certify This Document To Be Recorded
In Dauphin Courtly, Pennsylvania.
d
James M. Z
ugay, Recorder of Deeds
THIS IS A CERTIFICATION PAGE
PLEASE DO NOT DETACH
THIS PAGE IS NOW PART OF THIS LEGAL DOCUMENT
James M. Zugay, Esq. Location:
Recorder of Deeds Dauphin County Courthouse
(717) 780-6560
? Room 102
Candace E. Meek Front & Market Streets
Harrisburg, PA 17101
First Deputy
Recorder of Deeds
Harrisburg, Pennsylvania
CERTIFIED END PAGE
0
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2'6"9 AP 30 F
U ff C
78.5a PD ATTy
ci:,+ au& ti 3
Rj* QAg5l I
Sheriffs Office of Cumberland County
R Thomas Kline 'o.0tr pt Cintibl, Edward L Schorpp
Sheri Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy OFFiCP or -"G 'z?ERI`F Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
05/04/2009 07:21 PM - Michael Bardck, Deputy Sheriff, who being duly sworn according to law, states that on May 4,
2009 at 1921 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Sandra Wirth, by making known unto Sandra Wirth personally, at 1429 Raven Hill Road,
Mechanicsburg, Cumberland County, Pennsylvania, 17055 its contents and at the same time handing to
her personally the said true and correct copy of the same.
SHERIFF COST: $40.60
May 06, 2009
Docket NO. 2009-2728
W&S Builders v Sandra Wirth
SO ANSWERS,
R THOMAS KLINE, SHERIFF
Deputy She 'ff
= sa
<?; i A
C? •'G
W&S BUILDERS, INC., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : Civil Action No. 09-2728 Civil Term
SANDRA WIRTH, : CIVIL ACTION
Defendant
NOTICE TO PLEAD
TO: W& S Builders, Inc., Plaintiff
--and--
THEODORE A. ADLER, ESQUIRE and
JOHN H. PIETRZAK, ESQUIRE, its attorneys
You are hereby notified to file a written response to the enclosed Preliminary Objection
within twenty (20) days from service hereof or a judgment may be entered against you.
SHUMAKER WILLIAMS, P.C.
Dated: June 4, 2009 By
FO?-
Ry4P. Siney, I.D. # 9190
P. . BOX 88
Harrisburg, PA 17108
(717) 763-1121
W&S BUILDERS, INC., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
SANDRA WIRTH,
Defendant
Civil Action No. 09-2728 Civil Term
CIVIL ACTION
DEFENDANT'S PRELIMINARY OBJECTION PURSUANT TO PA.R C P 1028(a)(1)
TO PLAINTIFF'S COMPLAINT
AND NOW COMES Defendant, Sandra Wirth, by and through her attorneys, Shumaker
Williams, P.C., to state and aver the following Preliminary Objection Pursuant to Pa.R.C.P.
1028(a)(1) to Plaintiff's Complaint:
1. Plaintiff has filed a Complaint seeking an Order requiring Defendant to file an action
in ejectment or an action to determine the validity of a deed related to the real property located at
3528 Ash Street, Harrisburg, Dauphin County, Pennsylvania (the "Property").
2. Plaintiff's Complaint, at paragraph 3, states that it is brought pursuant to Pa.R.C.P.
1061.
3. The sole relief sought by Plaintiff is a quiet title action pursuant to Pa.R.C.P. 1061.
4. Pa.R.C.P. 1062 explicitly states that such quiet title action "may be brought in and
only in a county in which the land or a part of the land is located." (emphasis added).
5. In this case, the Property is located entirely within Dauphin County.
6. Plaintiff has brought this action in Cumberland County.
7. Venue is improper in Cumberland County because the Property to which Plaintiff
seeks to quiet title is located in Dauphin County.
8. Defendant asserts a Preliminary Objection to Plaintiff's Complaint pursuant to
Pa.R.C.P. 1028(a)(1) based on improper venue.
WHEREFORE Defendant, Sandra Wirth, respectfully requests this Honorable Court to
sustain her Preliminary Objection pursuant to Pa.R.C.P. 1028(a)(1) based on Plaintiff's failure to
bring this action in the county in which the Property is located, along with any other relief this
Court deems appropriate.
SHUMAKER WILLIAMS, P.C.
Dated: June 4, 2009 By
Ev C. Pappas, I.D. #2M0103
RY)b P. Siney, I.D. #209190
P. D. BOX 88
Harrisburg, PA 17108
(717) 763-1121
Attorneys for Defendant
CERTIFICATE OF SERVICE
I, Ryan P. Siney, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that
I served a true and correct copy of the foregoing Defendant's Preliminary Objection Pursuant to
Pa.R.C.P. 1028(a)(1) to Plaintiff's Complaint, on this date by depositing a copy of the same in
the possession of the United States mail, first-class, postage prepaid, addressed as follows:
Theodore A. Adler, Esquire
John H. Pietrzak, Esquire
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
Attorneys for Plaintiff
SHUMAKER WILLIAMS, P.C.
Dated: June 4, 2009 By
Ry P. Siney, Esqui e
P. . BOX 88
Harrisburg, PA 17108
(717) 763-11212
RLED- DFF,fuG, £
OF THE i PO", W)TARY
2009 JUN -4 PM 2: 3 0
CUM6ErLAl 1. C(YJNTY
PENNSY lit !'
REAGER & ADLER, P.C.
BY: THEODORE A. ADLER, ESQUIRE
Attorney I.D. No. 16267
Email: Tadler@ReagerAdlerPC.com
BY: JOHN H. PIETRZAK, ESQUIRE
Attorney I.D. No. 79538
Email: JPietrzak@ReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attorneys for W&S Builders, Inc.
W&S BUILDERS, INC., IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. : NO. 09-2728
SANDRA WIRTH : CIVIL ACTION
Defendant
MOTION TO TRANSFER
AND NOW, comes Plaintiff, W&S Builders, Inc., by and through its attorneys, Reager &
Adler, P.C., and pursuant to Pa.R.Civ.P. 208 and 1062 and Cumberland County Local Rule 208.3
and Moves for the transfer of the above-captioned matter as follows:
Plaintiff filed a Complaint in this matter seeking to force Defendant to file a quiet
title action to the property located at 3528 Ash Street, Harrisburg, Pennsylvania (hereinafter the
"Property"), pursuant to Pa.R.Civ.P. 1061.
2. Pa.R.Civ.P 1062 provides that such quiet title actions may be brought only in the
county in which the land or part of the land is located.
3. The Property that is the subject of this matter is located entirely in Dauphin
County.
1
4. Therefore, the only proper venue for this matter is Dauphin County.
5. Plaintiff therefore requests that this Honorable Court transfer this matter to
Dauphin County and relinquish jurisdiction over this matter.
6. Counsel for Plaintiff has sought the concurrence of Defendant's Counsel with this
Motion and Defendant's Counsel has indicated his concurrence and consents to the Court
granting the relief requested in this Motion.
7. No judge has previously ruled upon any issue in this or any related matter.
WHEREFORE, Plaintiff, W&S Builders, Inc. requests that this matter be transferred to
Dauphin County, Pennsylvania and that this Honorable Court relinquish jurisdiction.
Respectfully submitted,
REAGER & ADLER, P.C.
Date: June 23, 2009 ( z /Ja- t, -,/ )
The ore A. Adler, Es ire
A rney I.D. No. 1629-17
John H. Pietrzak, Esquire
Attorney I.D. No. 79538
Attorneys for Plaintiffs W&S Builders, Inc.
2
REAGER & ADLER, P.C.
BY: THEODORE A. ADLER, ESQUIRE
Attorney I.D. No. 16267
Email: Tadler@ReagerAdlerPC.com
BY: JOHN H. PIETRZAK, ESQUIRE
Attorney I.D. No. 79538
Email: JPietrzak@ReagerAdlerPC.com
2331 Market Street
Camp Hill, PA 17011
Telephone: (717) 763-1383
Facsimile: (717) 730-7366
Attorneys for W&S Builders Inc.
W&S BUILDERS, INC.,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V.
SANDRA WIRTH
: NO. 09-2728
CIVIL ACTION
Defendant
CERTIFICATE OF SERVICE
I hereby certify that on the date set forth below a true and correct copy of the foregoing
Motion to Transfer was served via first class U.S. mail, postage prepaid, to the following:
Ryan P. Siney, Esq.
Shumaker Williams, P.C.
P.O. Box 88
Harrisburg, PA 17108
Dated: June 24, 2009
J sica Shull
1?,? ? _ , ,'i3 6 ? i?? :??;
???. r
?'
. JUN 25 2009ti a
W&S BUILDERS, INC., IN THE COURT OF COMMON PLEAS
Plaintiff DAUPHIN COUNTY, PENNSYLVANIA
V. NO. Oq - alas Clv it T7 r"
SANDRA WIRTH, CIVIL ACTION
Defendants
/00, ORDER
AND NOW, this %> day of 11412, 2009, upon consideration of
Plaintiff s Motion to Transfer, the Motion is GRANTED. It is hereby ORDERED that this
matter shall be transferred to Dauphin County, Pennsylvania. Jurisdiction is hereby relinquished.
Distribution:
Ryan P. Siney, Esq.
Shumaker Williams, P.C.
P.O. Box 88
Harrisburg, PA 17108
Counsel for Defendant
John H. Pietrzak, Esq.
Reager & Adler, P.C.
2331 Market Street
Camp Hill, PA 17011
Counsel for Plaintiff
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