HomeMy WebLinkAbout09-4277r +a
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IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY
Elaine M. Killian and Civil Action - Law
Ryan Killian,
Plaintiffs
V. No. 0 ? _ ,/a 77 &J
Judi L. Biosser,
Defendant
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 an 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, 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, PA 1724
TELEPHONE: (717) 249-3166
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IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY
Elaine M. Killian and Civil Action - Law
Ryan Killian,
Plaintiffs
V. No. 09 y-2 7 7 ecl;a Imo-
Judi L. Blosser,
Defendant
COMPLAINT
Plaintiffs, Elaine M. Killian and Ryan Killian, by and through their attorney, Joseph
A. Macaluso, by way of Complaint, complain of defendant, Judi L. Blosser, and for a
cause of action alleges:
1. Plaintiff Elaine M. Killian is a sui juris adult who resides at 430 South Fayette
Street, Shippensburg, Pennsylvania 17257.
2. Plaintiff Ryan Killian is a sui juris adult who resides at 12 Robinson Avenue,
Shippensburg, Pennsylvania 17257.
3. Plaintiff Elaine M. Killian is the mother of plaintiff Ryan Killian.
4. Defendant Judi L. Blosser is a sui juris adult who resides at 29 Highland Avenue,
Shippensburg, Pennsylvania 17257.
5. Plaintiffs are the record owners of real estate situate in Southampton Township,
Cumberland County, Pennsylvania, located at 12 Robinson Avenue, Shippensburg,
Pennsylvania 17257 (hereinafter referred to as the "Property"), more particularly
described as follows:
All that following described real estate lying and being situate in the Township of
Southampton of Cumberland County of the Commonwealth of Pennsylvania,
more particularly described as follows:
BEGINNING at a point in the Northern edge of Highland Avenue at corner of Lot
No. 57 in said Development; thence by the Northern edge of said Highland
Avenue North 89 degrees 27 minutes 52 seconds West 88.97 feet to a point;
thence by a curve having a radius of 25 feet a distance of 39.37 feet by a long
chord South 44 degrees 27 minutes 52 seconds East 35.36 feet to a point in the
edge of Robinson Avenue North 0 degrees 32 minutes 8 seconds East 250 feet
to a point; thence on a curve having a radius of 25 feet a distance of 35.36 feet
by a long chord South 45 degrees 32 minutes 8 seconds West 35.36 feet to a
point; thence by other lands now or formerly of Hazzard South 89 degrees 27
minutes 52 seconds East 46.93 feet to a point; thence South 10 degrees 4
minutes 58 seconds East 155.50 feet to a point at corner of Lot No. 57 in said
Development; thence South 4 degrees 0 minutes 56 seconds East 147.94 feet to
a point in the Northern edge of Highland Avenue, the place of BEGINNING.
Containing 28,955 square feet, per survey of J. H. Rife, R.S. Dated February 9,
1973.
Being the same tract of land conveyed by Joseph B. Hazzard and Esther N.
Hazzard, his wife, by deed dated March 24, 1977, recorded in Cumberland
County, PA, Deed Book C Volume 27, Page 5, to Leon P. Beard and Dorothy R.
Beard, his wife. Leon P. Beard died on January 31, 2000.
6. On July 2, 2007, plaintiffs, together with Roseann Haney, who is the sister of
plaintiff Elaine M. Killian, acquired the Property from the Estate of Dorothy R. Beard,
deceased, who was the mother of plaintiff Elaine M. Killian and the grandmother of
plaintiff Ryan Killian, by deed dated July 2, 2007, recorded in Cumberland County, PA,
Deed Book 280, Page 4502 (a true and correct copy of the said deed of plaintiffs is
attached hereto as Exhibit A).
7. That same day, Roseann Haney conveyed her 1/3 interest in the Property to
plaintiffs by deed dated July 2, 2007, recorded in Cumberland County, PA, Deed Book
280, Page 4507 (a true and correct copy of the said deed of plaintiffs is attached hereto
as Exhibit B).
8. Plaintiff Elaine M. Killian and her sister Roseann Haney were the co-executrices
of the estate of their mother, Dorothy R. Beard, who died on September 16, 2006 (copy
of short certificate attached hereto as Exhibit C).
9. The last will and testament of Dorothy R. Beard was dated October 29, 1999, as
modified by a codicil dated July 28, 2006, which were duly admitted to probate in the
Office of the Register of Wills in and for Cumberland County, Pennsylvania on October
10, 2006.
10. Dorothy R. Beard, the plaintiffs' predecessor in title to the Property, had
acquired the property with her husband Leon P. Beard (hereinafter referred to together
as the "Beards" from time to time), who was the father of plaintiff Elaine M. Killian,
from Joseph B. Hazzard and Esther M. Hazzard, his wife, by deed dated March 24,
1977, recorded in Cumberland County, PA, Deed Book C 27, Page 5 (a true and
correct copy of the said deed of plaintiffs is attached hereto as Exhibit D).
11. Leon P. Beard died on January 31, 2000, vesting full title in the Property in his
wife, Dorothy R. Beard.
12. Therefore, the Beards owned the Property as their principal residence
continuously for a period from 1979, until January 31, 2000, and Dorothy R. Beard
continued to own the Property as her principal residence from January 31, 2000, until
her death on September 16, 2006, which constitutes a period in excess of 27 years.
13. There is a strip of land along the rear boundary of the Property that the Beards
4
always believed was part of the Property (hereinafter referred to as the "Disputed
Area").
14. The Disputed Area is depicted as the shaded area in a boundary survey
prepared by Dennis E. Black Engineering, Inc. dated August 27, 2008, a copy whereof
is attached hereto as Exhibit E (hereinafter referred to as the "Survey"), and is
described as follows:
All that following described real estate lying and being situate in the Township of
Southampton of Cumberland County of the Commonwealth of Pennsylvania,
more particularly described as follows:
BEGINNING at an existing iron pin in the Northern edge of Highland Avenue at
corner at corner of Lot No. 57 as shown on a boundary survey prepared by
Dennis E. Black Engineering, Inc. dated August 27, 2008; thence with Lot No. 56
North 04 degrees 00 minutes 56 seconds West 147.94 feet to an existing iron
pin; thence with lands of Thomas L. Ginnick and Kathleen M. Ginnick, North 88
degrees 36 minutes 38 seconds East 20.52 feet to a point; thence South 00
degrees 15 minutes 13 seconds West 148.17 feet to a point; thence with the
Northern edge of Highland Avenue North 89 degrees 27 minutes 52 seconds
West 9.50 feet to an existing iron pin in the Northern edge of Highland Avenue,
the place of BEGINNING. CONTAINING 2,220 square feet or.0510 acre as
shown on the aforementioned boundary survey.
15. In fact, the Beards, acting on the belief that the Disputed Area was part of the
Property, used the far easterly line of the Disputed Area as their rear boundary line for
purposes of meeting the setback requirements of Southampton Township when in
about 1979 they built their house on the Property, which is depicted on the Survey.
16. Also, the Beards, again acting on the belief that the Disputed Area was part of
the Property, used the far easterly line of the Disputed Area as their rear boundary line
for purposes of meeting the setback requirements of Southampton Township when in
about 1980 they placed the existing shed in their backyard, which is depicted on the
a
Survey.
17. Furthermore, the Beards, again acting on the belief that the Disputed Area was
part of the Property, used the far easterly line of the Disputed Area as their rear
boundary line for purposes of meeting the setback requirements of Southampton
Township when in about 1981 they built the existing deck onto their home, which is
depicted on the Survey.
18. In about 1986 or 1987 (plaintiffs do not know the precise date), the Beards
planted two trees along the far easterly line of the Disputed Area, under the belief that
they were planted within the rear boundary of the Property; these two mature trees are
shown in the shaded area on the Survey.
19. The Disputed Area is also shown in a photograph attached hereto as Exhibit F
which also shows the aformentioned deck, shed, and two trees,
20. The Beards used the Disputed Area as part of their backyard from 1977 until
2000, and Dorothy R. Beard continued to do so until 2006, for a period of over 29
years, and they mowed the lawn in the Disputed Area from about 1977 to 2006, cared
for the trees and raked the leaves in the Disputed Area from about 1986 to 2006, hung
clothes on a clothes line in the Disputed Area from about 1979 to 2006, and used the
shed located partially in the Disputed Area from about 1980 to 2006.
21. The Disputed Area was also used by the Beards to drive on for access to their
basement at the rear of their house from about 1979 to 2006, and to the
aforementioned shed from about 1980 to 2006.
22. The Disputed Area was used by the Beards in a manner that was actual,
continuous, exclusive, visible, open, notorious, distinct, and hostile for a period well in
excess of twenty-one years, as set forth in Paragraphs 15 through 18, inclusive above,
and in Paragraphs 20 and 21 above.
23. Plaintiff Elaine M. Killian herself resided at the Property with her parents, the
Beards, from about 1979 to May, 1982, during which time she, too, used the Disputed
Area as part of their backyard in the manner and at the times set forth in Paragraph 20
and Paragraph 22 above.
24. Even after plaintiff Elaine M. Killian moved from the Property in 1982, she
stored a camper behind her parents shed on the Property in the Disputed Area from
about 1993 to 2000.
25. In addition, plaintiff Ryan Killian himself lived at the Propery regularly during the
week, sleeping there on week nights from about 1988 to 2002, and he used the
Disputed Area as part of their backyard in the manner and at the times set forth in
Paragraph 20 and Paragraph 22 above.
26. Thus, during the more than 29-year period from 1977 to 2006 that the Beards
and/or Dorothy R. Beard owned the Property and used the Disputed Area, the plaintiffs
also lived there and used the Disputed Area regularly at the times set forth in
Paragraphs 24 and 25 above.
27. From the time plaintiffs acquired the Property on July 2, 2007, until present,
plaintiff Ryan Killian has resided at the Property as his principal residence, where he
currently lives with his wife, Chelsea Killian.
28. From the time plaintiffs acquired the Property on July 2, 2007, until the summer
. v
of 2008, the plaintiffs also continued to use the Disputed Area in a manner that was
actual, continuous, exclusive, visible, open, notorious, distinct, and hostile, to wit, they,
too, used the Disputed Area as part of their backyard, and they mowed the lawn in the
Disputed Area, cared for the trees in the Disputed Area, raked the leaves in the
Disputed Area, and used the shed located partially in the Disputed Area.
29. At all relevant times from 1977, when the Beards acquired the Property, until the
summer of 2008, a period in excess of 31 years, no other neighbor of the Property used
or exercised control of the Disputed Area.
30. On January 5, 1999, defendant purchased the property adjacent to the Property
located at 29 Highland Avenue, Shippensburg, Pennsylvania 17257 (a copy of the
deed to defendant is attached hereto as Exhibit G).
31. From 1999, until the summer of 2008, defendant did not enter upon the
Disputed Area or use the Disputed Area or make any claim to same.
32. In the summer of 2008, entry was made upon the Disputed Area by defendant,
who claimed that she owned the Disputed Area.
33. Plaintiffs have since tried to reach an amicable agreement with defendant
regarding the Disputed Area, without success.
34. In the summer of 2008, defendant posted the plaintiffs' trees in the Disputed
Area with "no trespassing signs", and at that time defendant also placed a temporary
fence in the Disputed Area consisting of 5 metal posts with barbed wire around the top
of each post, and metal wire running from post to post.
4
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35. Plaintiff Ryan Killian removed the wire to mow the lawn in the Disputed Area,
and about one week later, defendant replaced the metal wire with rope from post to
post, and defendant also hung "no trespassing signs" on the ropes.
36. In June, 2009, defendant posted a "no trespassing sign" in the Disputed Area
near the plaintiffs' shed.
37. Also, in June, 2009, defendant caused fence holes to be drilled with concrete
footings in the Disputed Area.
38. Upon information and belief, plaintiffs aver that defendant intends to remove the
plaintiffs shed in the Disputed Area and to cut the plaintiffs trees in the Disputed Area.
39. Upon information and belief, plaintiffs aver that defendant caused damage to the
plaintiffs' water line located in the Disputed Area when the fence holes were drilled.
40. Shippensburg Borough Authority, which provides public water service to the
Property, notified plaintiffs of a water line leak in the Disputed Area by letter dated June
15, 2009, a copy whereof is attached hereto as Exhibit H.
41. At all relevant times from 1977, when the Beards acquired the Property, until
the summer of 2008, a period in excess of 31 years, the Beards and plaintiffs have
used the Disputed Area without any permission whatsoever from defendant or from any
other party.
42. Plaintiffs maintain that their predecessors in title to the Property, the Beards,
acquired the Disputed Area by adverse possession as set forth in Paragraphs 15
through 18, inclusive, above, and in Paragraphs 20 through 22, inclusive, above, for
over 29 years.
43. The Disputed Area comprises open land, not wooded land (except for the two
aforementioned trees planted by the Beards).
44. There is no other proceeding pending involving the subject matter of this
case, and there are no other parties in interest.
45. Plaintiffs maintain that they have and possess legal ownership of the Disputed
Area by adverse possession.
WHEREFORE, the plaintiffs respectfully request that title to the Disputed Area be
quieted and that plaintiffs be declared to have and possess the legal ownership of the
Disputed Area by way of adverse possession of the Disputed Area, and that the
defendant be forever barred and estopped from denying plaintiffs their lawful rights to
use the Disputed Area and that the defendant be forever barred from asserting any
right, title, or interest or claim in the Disputed Area, and for injunctive relief restraining
defendant from removing any personal property, fixtures, or trees of plaintiffs from the
Disputed Area, and that this Court grant such other relief as may be appropriate.
Submitted,
.lose h A. Macaluso, Esq.
Supr me Court I.D. No. 38262
ttor ey for Plaintiffs Elaine M. Killian
an yan Killian
P.O. Box 83
Orrstown, PA 17244
Tel. (717) 532-4832
VERIFICATION
We, Elaine M. Killian and Ryan Killian, verify that the statements made in the foregoing
Complaint are true and accurate to the best of our personal knowledge, information and
belief. We understand that my statements are made subject to the penalties of 18 Pa.
C.S. Section 4904, relating to unsworn falsification to authorities.
eL`11 , V.- -- V,
Elaine M. Killian d
R n Killian ?-------
Dated: _ / A`n- d 9
Tax Parcel Number.
3U- 6-2438-on
o I MS D
to w
A W ° CL. MADE this day of 2007.
a:
BETWEEN
WELJ&E K1I,I.IAN, also known as ELAINE M. KILLIAN, and ROSEANN
a: UJ s;Ex tors of the Estate of Dorothy R. HANEb
County Pennsylvania, Y Beard, late of the Southampton Township of Cumberland
and
GRANTORS,
AND
ELAINE M. KILLIAN, ROSEANN HANEY and RYAN KILLIAN, also known as RYAN L.
KILLIAN beneficiaries of the Estate of Dorothy R. Beard, each to an undivided one-third (1/3)
interest as tenants in common,
GRANTEES,
WHEREAS, Dorothy R. Beard died on September 16, 2006, testate, seized of certain real
estate situate in the township of Southampton, Cumberland County, Pennsylvania, and
WHEREAS, the Will of Dorothy R Beard dated October 29, 1999 and Codicil dated July
28, 2006, duly probated in the Office of the Register of Wills in and for Cumberland County,
Pennsylvania, and Letters Testamentary were granted to Elaine Killian and RoseAnn Haney, the
above named Executors; and
WHEREAS, the Will and Codicils of Dorothy R. Beard devised the herein described real
estate as part of the residue of her estate, pursuant to Item II thereof, in equal shares to Elaine
Killian, RoseAnn Haney and Ryan Killian; and
WHEREAS, this deed is given in distribution of the real estate to the devisee(s) thereof,
pursuant to the provision of the will.
WITNESSETH, that in consideration of the sum of One ($1.00) Dollar lawful money of the
United States, to them in hand paid the receipt whereof is hereby acknowledged and in distribution
of the interests passing to the Grantee under the Will of Dorothy R. Beard, the Grantors do hereby
grant and convey, in fee simple to the Grantees, each to an undivided one-third (1/3) interest as
tenants in common,
GOOK 280 ? AGE4502
ALL the following described real estate lying and being situate in the Township of
Southampton of Cumberland County of and Commonwealth of Pennsylvania, more particularly
described as follows:
BEGINNING at a point in the Northern edge of Highland Avenue at corner of Lot
No. 57 in said Development; thence by the Northern edge of said North 89 degrees 27 minutes 52 seconds West 88.97 feet to a Highland Avenue
curve having a radius of 25 feet a distance of 39.37 feet point; thence by a
degrees 27 minutes 52 seconds Fast 35.36 fat to a by a long chord South on 44
Avenue North 0 point in the edge of Robinson
degrees 32 minutes 8 seconds East 250 feet to a point; thence on a
curve having a radius of 25 feet a distance of 35.36 feet by a long chord South 45
degrees 32 minutes 8 seconds West 35.36 fat to a point; thence by other land of
Hazzard South 89 degrees 27 minutes 52 seconds East 46.93 feet to a point; thence
South 10 degrees 4 minutes 58 seconds East 155.50 feet to a point at corer of Lot
No. 57 in said development; thence South 4 degrees 0 minutes 56 seconds East
147.94 feet to a point in the Northern edge of Highland Avenue
BEGINNING. , the place of
Containing 28,955 square feet, per survey of J. H. Rif
1973. e, RS. Dated February 9,
BEING the same tract of land conveyed by Joseph B. Hazzard and Esther M.
Wife, by their deed dated March 24, 1977, and recorded in the office for the recorder of deHazzard, his
eds in and
for the County of Cumberland in Deed Book C, Volume 27, Page 5, con
Dorothy R. Beard, his wife. Leon P. Beard died on January v?v? to Leon tiBeard and
ownership to Dorothy R. Beard, now 31, 2000, thereby vesting Beard
fa
deceased, whose Executors are the Grantors herein.
deceased, AND Blame Killian and RoseAnn Haney, Executors of the Estate of Dorothy R. covenant,
Bead,
promise and agree to and with the Grantees, Elaine Killi
and Ryan Killian, their heirs and assi an, RoseAnn Haney
Dorothy R Beard, 8? by these presents, that they, the Executors of the Estate of
deceased, has not done, committed, or knowingly or willingly suffered to be
done or committed, any act, matter or thing whatsoever whereby the any part thereof, is, are, shall or ?v premises hereby granted, or
or otherwise howsoever.' be impeached, charged or encumbered, in title, charge, estate,
IN WITNESS WHEREOF, the Grantors do hereby set their hands and seals the day and
2
eoox 280 PACE4503
year first above written.
WITNESS:
ESTATE OF DOROTHY R. BEARD
By: ELAINE , Executor
AKA .
^ELAINB M.
HANEY,
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND : ss.
On this, the ? day of
officer, personally appeared Elaine Killian 200'7, before me, the undersigned
M. Killian), Co-te
of
R
Beard, known to me (or satisfactorily proven) to be the person descn'bed inExecutorthe fothe
acknowledged that she executed the same in the oEe staWiofDorothyt, and.
contained. caPaaihr therein stated and for the purposes therein
In Witness Whereof, I hereunto set my hand and o cial seal.
w ? Y C { (?)
HmL%n C. y Notary Public
My, ? ?. aepc r
^Mr. rannrpvm ibippladm of N01M(»
OF
NOWW SW
H&AMm r-?R Dawk GLi ?1d mughmPwmykwb As.oa.brt of I Certify this to be recorded
in Cumberland County PA
.
.
Recorder of Deeds 3
b0ox 280 PACE4504
COMMONWEALTH OF PENNSYLVANIA .
COUNTY OF CUMBERLAND : ss.
this, the 17- of 2007, before me, the undersigned
officer, personally appeared RoseAnn , ' Executor of the Estate of
R. Beard, known to me
(Or satisfactorily proven) to be the person described in the foregoing instrument, sand acknowledged that she
executed the same in the capacity therein stated and for the purposes therein contained.
In Witness Whereof, I hereunto set my hand and official seal. 1144 My Hawkm9aro? PUblia Public (sew)
>?cplrar Sept. r, 2Q
ANerib?r, p.,K,.y?wo+. woe or Nobrw
CERTIFICATE OF RESIDENCE
I hereby certify the precise residence and complete po off i
ce address of the within
named is 1
t1``7
Date: At a
7
A ey for
Hunihon C. Davis, Esq.
P O Box 4t1
ShipP? PA 17257
(717) 532-5713
aoox 280 i'ACE4505
FWV-"S a (1W)
ak
CORGAMOM UM OF PENNMVANIA
euMAU OF eaxVpuAL TAXES
PO SOX 2MMM
eras. Tax Paid
Book Number
Complels .Y
....? M- coons Dar. Reomaw
section and ftIB in d?ik ab with Recorder of Dsedt when O 1 the fill veNie/oa
oonsideratlon, or by A or (3) a tax ex nalderation is not set forth in tlls deed, (2} when the
tax ba W on: (1) W* r+slationahip or (2) public ul ty a eM. If mom eA Sisisment of 1lalus Is not roq*W If the trarater is *WAV exempt from
pace is needed, aftaeh addldonai sheet(s).
a CORRESPpWpEM -All InaulMes Mav_ be dirseted to the
er.er.N..?..- _---_--
Hamilton C. Davis,
P.O. Box 40
moos nu"WW.
7)532-5713
?s AP Cade
PA 17257
(3?arAOr(syLa.cr(a) WEIR OF *oMnae of Dot3UMelON&
Est Of Dorothy ?WWPKXKM R. Beard, Elaine Kililan? and RoseAnn Haney Elaine MIUllianar RoseAnn Haney and Ryan KlAian
o% Hamilton C. Davis, P.O. Box 40 street '
qty Go Hamilton C. Davis, P.O. Box 40
AMM T..
Street Add+s.s
12 Robinson Avenue
?+h
Cumberland
1. Actual Cnh Coriekbreeon
1.00
4. CoukvAued %&b-
137,850.00
1a. AmoW of ExsmP? Ctatrnsd
0.00
2. Other Co wkwadw
+0-00
X 1.0
1b. 'Pw taps of rr ftmM CMV MMV M
2. Check Appropriate Box Below for Exemption Claimed
® Will or intestate succession Dorothy R. Beard
3. TOW Conddsraft
= 1.00
= 137.
PA 1 17257
13 L7-Dt3-Q889
roe gym)
%rM OF )
Transfer to Industrial Development Agency.
E3 Transfer to a trust. (Attach complete Copy of b1W agreement iden
? Transfer between principal and agent. (Attach complete copy of ?cy agency/ oball n3lw beneficiaries.)
E3 Transfers to the Commonwealth. the United party agreement.) Stalso of condemnation. (If condemnation or in Neu nd m Inay?, a?ttacch: by rR, ? ,condemnation or In lieu
? Transfer from mor?agor to a holder of a mortgage In defaulL Mortgage Book Number , Page Number
13 Corrective or confirmatory deed. (Attach complete Copy of the
13 Statutory corporate consolidation prior deed being corrected or confirmed.)
, merger or division. (Attach copy of amides.)
C3 Other (Please explain exemption claimed, If other than listed above.)
Of
REALTY TRANSFER TAX
STATNT OF VALUE
See Reverse for 1 ru
PA 1 17257
Cky- TowM*. Borough
Southampton Township
Tax Parpl twrrrber
rbu 39-36-2438-023
Ian that I haw examl
it M true, cornet and
FAILURE TO C6111PLErE TN RM PROPERLY OR ATTACH APPLICABLE
THE RECORDER'S REFUSAL TO RECORD THE DEED.
eoax 260 PACE4506
to the
ff°7 _
MAY RESULT IN
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E
,° MADE this day of i.?{ 20071)
E-1
BETWEEN
ROSEANN HANEY, individually, of 315 West Ridge Sheet, Carlisle, pA 17013,
Tax Parcel Number:
39-36-2438.023
"GRANTOR„
AND
ELAINE K KILL.IAN and RYAN L. KILLIAN, mother and son, of 430 South Fayette Street,
Shippenalxng, PA 17257, each to an undivided 1/66 interest as tenants in common,
"GRANTEES".
WTINESSETH, that in consideration of the sum of Fifty-Six Thousand ($56,000.00)
Dollars, in hand paid, the receipt whereof is hereby aclmowledged, the said GRANTOR hereby
grants and conveys in fee simple to said GRANTEES, each to an undivided one-sixth (1/6) interest
as tenaf in commc®,
ALL the following described real estate lying and being situate in the Township of
Cumberland County of and Commonwealth of Pennsylvania, more particularly
?n follows:
BEGINNING at a point in the Northern edge of Highland Avenue at comer of Lot
No. 57 in said Development; thence by the Northan edge of said Highland Avenue
North 89 degrees 27 minutes 52 seconds West 88.97 feet to a point; thence by a
curve having a radius of 25 feet a &*aace of 39.37 feet by a long chord South 44
degrees 27 minutes 52 seconds East 35.36 feet to a point in the edge of Robinson
Avemn North 0 degrees 32 minutes 8 seconds East 250 feet to a point; thence on a
curve having a radius of 25 feet a distance of 35.36 feet by a long chord South 45
degrees 32 minutes 8 seconds West 35.36 feet to a point; thence by other land of
Hammed South 89 degrees 27 minutes 52 seconds East 46.93 feet to a point; &em
South 10 deem 4 minutes 58 seconds past 155.50 feet to a point at corer of Lot
No. 57 in said development; thence South 4 degrees 0 minutes 56 seconds East
147.94 feet to a point in the Northern edge of Highland Avenue, the place of
BEGMING.
000 280 PAGE-4507
Containing 28,955 square feet, per survey of J. H. Rife, R.S. Dated February 9, 1973.
BEING the Grantor's one-third (1/3) undivided interest in the same tract of land conveyed
by Elaine Killian and RoseAnn Haney, Co-Executors of the Estate of Dorothy R. Beard, by their
deed dated July 2, 2007, and recorded in the office for the recorder of deeds in and for the County of
Cumberland in Deed Book, (Z, Page y$02, conveyed to Elaine Killian, RoseAnn Haney,
and Ryan Killian, beneficiaries of the Estate of Dorothy R. Beard.
The effect of the within conveyance is to vest undivided one-half (1/2) interests as tenants in
common with Grantees.
UNDER AND SUBJECT to existing covenants, agreements, conditions, easements,
restrictions and rights of record, to the extent valid and enforceable and still applicable to the
above described premises.
AND, the said GRANTOR hereby warrants specially the property herein conveyed.
IN WITNESS WHEREOF, the said GRANTOR hereby sets her hand and seal the day and
year first above written.
wi
(SEAL)
ROSEANN HANEY
COMMONWEALTH OF PENNSYLVANIA :
COUNTY OF CUMBERLAND ss.
On the
this +k day of 2007, before me, the undersigned
officer, personally appeared R is Y, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within instrument, and acknowledged the foregoing deed to
be her act and deed and desired the same to be recorded as such.
WITNESS my hand and official seal the
OF mmayi-
H=Uwn =;a M"'+
? sMa MropMon o1 MowN?
and year first above written.
Public
2 oox 280 Pw4wa
I do hereby certify that the precise residence and complete post office address of the within
named GRANTEES is: - - A -
Z 2007
Hamilton C. Davis, Esq.
P O Box 40
Shippensbarg, PA 17237
(717)332-5713
filyffle MEMO,
Dag S
a
Qwrao?$$2S, 3 cNfi
for
?Lry
Z Certify this to be recorded
In Cumberland County PA
Recorder of Deeds
4
x
280 PAC4509
» • Rev-103 RX W"
COMMONWEALTH OR PENNSYLVA
DNARTMENT OF amue
RlWAMAu OF *MnnWjAL TAXM
DIPT. alum
1WRtTA M. PA 171294M
Cwnplete "A "dim and fib in dupe
is widtout aomtderolioni or by gift, or
Cww..b
D VALUATION DATA
REALTY TRANS1tn TAX
STATIMENT OR VALUE
RECOME" USE
SN RllfM* for 1"dMC"= UM-Aw ). 1 b'?1?
with Recorder of Deeds when 1) the full voluel onsidwa !on is not set forth in tM deed. (2) when the deed
scm ubRe utility eaisemee?lff . .A Statement of Value Is not rpuired if the transfer is wholly exempt from tax
C
040 sw k.-t-44
E EX/Mirf'ION DATA
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6. Fair MCrKW Vakw
2. Cbedt App epbh Rex 0Wew for Lee isNs?n Cla>inted
? VM or Intestate succession
M
TFU 9;r,
ransfer to Industrial Development Agency.
? Transfer to a trust. (Attach complete copy of trust agreement identifying oil beneficiaries.)
? Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.)
? Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation.
(If condemnation or In lieu of condemnation, attach copy of resolution.)
? Transfer from mortgagor to a holder of a mortgage in default.
Mortgage Book Number Pogo Number
? Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed,)
? Statutory corporate consolidation, merger or division. (Attach copy of article .) Cttlp/P? l ease ex?ain exemption claimed, if other than listed abo .) +? 0? y?
11
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800)( 290- PAGE 51
THIS I10RM PROptRtY oR ATrACIi AI?uC??stt oocuMll Fa?
To IliCOlp TNt DEiD. NTATION MAY RfSiJf.T IN TNIf MI r m IM Rsft ?At
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SHORT CERTIFICATE
I, GLENDA FARNER STRASBAUGH
Register for the Probate of Wills and Granting
Letters of Administration in and for
CUMBERLAND County, do hereby certify that on
the 10th day of October, Two Thousand and Six,
Letters TESTAMENTARY
in common form were granted by the Register of
said County, on the
estate of DOROTHY R BEARD late of SOUTHAMPTON TOWNSHIP
(First, Middle, Last)
in said county, deceased, to ELAINEKILLIAN
and
(First, Middle, Lest)
ROSEANN HANEY
(First Middle, Last)
and that same has not since been revoked.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the
seal of said office at CARLISLE, PENNSYLVANIA, this 23rd day of June
Two Thousand and Nine.
File No.
PA File No.
Date of Death
S.S. ##
2006-00889
21- 06- 0889
911612006
204-03-2398
NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED SEAL
ro"
f]
m-sr-wan.w n.d. aM..e FWM Ms of 10W eUd, aMw
nrerr MIl, feq. glue, Ae.
9b
MADE THE 24th day of March
of our lord one thousand nine hundred and seventy-seven (1977)
A
In the year
BETWEEN JOSEPH B. HAZZARD and ESTHER M. HAZZARD, his wife, of the
Township of Southampton, County of Cumberland and Commonwealth
of Pennsylvania, parties of the first part as Grantors,
and
LEON P. BEARD and DOROTHY R. BEARD, his wife, of the
Borough of Shippensburg, County of Cumberland and Commonwealth
of Pennsylvania, parties of the second part as
Grantoe s.
i
BEING a part of the same tract of land which Frank J. Novotny and -?
Helene Novotny, his wife, by their deed dated the 21st day of October,
1970 and recorded in the office for the recording of deeds in and
for the County of Cumberland in Deed Book "V", Vol. 23, Page 631,
conveyed to Joseph B. Hazzard and Esther M. Hazzard, his wife, Grantors
herein.
WITNMETH, that In consideration of Five Thousand ($5,000.00)
---------------------------------------- whereof Is +Dollars,
In hand paid, t--
hereby acknowledged, the'soid grantors do hereby grant and
convey to the sold granites , ALL that certain lot of land situate in the
Township of Southampton, County of Cumberland and Commonwealth of
Pennsylvania, being Lot.No. 56 in Section'•3 in the Development
known as,Sauth Mountain Estates, said plait recorded in 27 at
Page 117, bounded and described as follows, to-wit:
BEGINNING at a point in the Northern edge of Highland Avenue
at corner of Lot No. 57 in said Developments thence by the
Northern edge of•'sisid Highland Avenue North eighty-nine (89)
degrees twenty-seven(27) minutes fifty-two (52) seconds West
eighty-eight and-'ninety-seven hundredths (88.97) feet to a
point; thence by a curve having a radius of twenty-five (25)
f
(39.37) feet by a long eet a Ostance of thirty-nine and thirty-seven hundredths
twenty-seven (27) minutes ofifty-two f(52) seconds 4 East degrees and. thirty-six hundredths (35.36) feet to a point in
the Eastern edge of Robinson Avenue; thence by the Eastern
edge of Robinson Avenue North no (0) degrees thirty-two (32)
minutes eight (8) seconds East two hundred fifty (250) feet
to a point; thence on a curve having a radius of twenty-five
(25) feet a distance of thirty-five and thirty-six hundredths .
feet by a long thirty-two(32) minutes chord eight (8) South seconds West ( thirty-five
and thirty-six hundredths (35.36) feet•'to a point; thence
h (27) land of
seven
minutes afifty-twot(52)gsecondseEast)fodegrees rty-si twenty-
hundredths (46,93) £eet•to a six and
ten (10) degrees•four (4) minutes fifty-eight (58) seconds East
one hundred fifty-five and five hundrddths (155.50) feet to a
point it corner of Lot No. 57 in "id development; thence South-
e four (4)' degrees no (0) minutes fifty-six (56) seconds East
one hundred forty-seven and ninety-four hundredths (147.94)
feet to a point in the Northern edge•of Highland Avenue, the
place of BEGINNING. Containing 28,955 square feet, per survey
of J. H. Rife, R. S. dated February 9, 1973
SUBJECT TO RESTRICTIONS AS'OF RECORD.
AND the said granter hereby covenonS and agree s that they and each of them will warrant .
generally the property hereby conveyed. •„ , .-
Chao 161st. Curob. Co., Pe.
I% Red W.f. TrudUr?Tax JI
;-We 27 PACE .5 .. zle '. -
r Cew1, Ce. Dist. Cd. Att. , e ,
IN WITNESS WHEREOF, said grantors ha Ye he?wnro set their
the day and year first above written. hands and seal s
iis"k *two so P,be A
In t?s ?nsraro of atasr.
. ssssa.
.30"
Stale of Pennsylvania
County of CUMberland }s`
On this, the 24th day of March
I , 19 77 ,before me,
the tmdersigsed officer, Personally appeared Joseph 8. Hazzard and Esther M. Hazzard*.-.,!-,
his wife,
known to me car soHsfodoril
Y Prownl M be the perwn a whose name ?" ?••••• ??? ?, • ?,? .
In Instrument, and acknowledged that are subscribed
tpr}?ielwiih
W WITNESS WHEREOF, I here they executed same for the purposes /heryti coei}b npd
unto set hand and official real, ?+' '??• / ??;
Notary Public
Title of O
y Comm
I do hereby certify that the Precise reside?ond colets Pos8aNic
the within named pronNe is address of
233 Bast Garfield Street, Shi
ppenaburg, Pa. 17257
i March 24 1977
Attorney for Grantees
a
to
I 'c ?t a
I •a ? M+ ni
! d as REpfC?E'-rfr•
I 41 OFi7oH ,; CF Ci THE
3
per, ? wj N .3 y, CUNPOEENNi0 N hL3aThLfY• e:h,,l,.i -
D C jY
u D go 14 APR 1 12 4a fh'77
t? Qi 4I9 4 5a
4J p, 0
x a B > n
a p' m0$4 k?. P,
P;0
N.Z
041 5
i
9 ? ? _ rd W ? i1'i in
tJ H Z
jl0"
H ?•?,? Ar T
1 f(I
I coh?loww 41"H 0 PENNSYLVANIA// /? cn
Cou of
o ?:
RECORDED on this _ ?_`?''? IIIIIIIIIIIIIiI
day of
.._??
A. D. 19y bt the Recorder's oftke of the said County, in Deed Book
C- Vol.,-. Page ..r "?
I Given ender my hand and tha.s kof the said ofRce,
? e d to above written.
o!C2,'7 PACE 6 Recorder.
i
k
x
0
BOUNDARY SURVEY
FOR
ELAINE M. KILLIAN & RYAN L. KILLIAI
LOCATED IN
SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY, PA
?ONWEA?T DENNIS E. BLAS NGIENE GRIN GG, INCORPORATE
REGISTERED ENGINEERING
O p 2400 PHILADELPHIA AVENUE
a
V 1oFESSIorral -In
CHAMBERSBURG, PA. 17201
IF.
GLENN D. WATSON CLIENT No. ORDER No.
DWN. GDW 4181 6718 SHEET 1 OF 1
,? LAND
ti DRAWING No.
SURVEY5-p ?? CHK. GDW DATE 8-27-08 AutoCAD DRAWING
F S E REF. NUMBER N S Y `v P APP. c3 1 SCALE 1"=30' 6718-ExCond 08-85
THE ORIGINAL DRAWING AND THE INFORMATION SHOWN THEREON ARE THE PROPERTY OF
D. E. BLAC/Y L'NC., hVC. AND SHALL NOT BE DUPLICATED WITHOUT WRITTEN PERMISSION
E
Oversized exhibit
09-4277
Too large to be scanned
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Perrcei No. 39 -38 -2t3t .0dI4
THIS DEED,
MADE THE day or January in the your one thousand nine hundred nhWy-
nine (1999),
BETWEEN DANILL W. CROUMER, sings roan, of 504 North Baltimore Street,
Mt Holy Spring:, Cumberland County, Ponnsyivonio 17086, and JUDI L hLotlim.
single wanart. of 20 Highland Avenue, Shippeneburg- Cumberland County,
Pennvyfvanis, hweinafter Wiled Gnontore,
AND JUDI L- 61.064M single woman, of 29 Kahlend Avenue, Shlpponsbuig,
Cumberland County, Pennaytvanis 17267- hereinafter called Grantee:
WtYN1188M, that In consideration of the sum of One and no1100 (31.00)
Dollar, the re0efpt wfmreof To hereby advowlodged, the Graniore hereby grant and
convey unto to Gnantee, her heirs and aaslgna:
ALL Ow csrok tract of land with the Improvan,ants thereon at4rate In
Southampton TownsMP, Cumberland County, Pennsylvania, bounded and dosodbed as
fdlow*:
2643INNING at a point on highland Avenue at the comer of Lot No, 58 on the
hereinafter man*wod plan of lots; 11161109 along Highland Avenue, North 98 degrees
27 minutes 62 seoonds West, a d(stanoe of 100,00 fast to s point at the oomer of Lot
No. 66 on oald plan; thenoo along the letter, North 04 degrees 00 minutes 68 aooonds
west, a disWoe of 147.94 feet to a point at the One of lands now or formerly of Thomas
Wholey; thence Mona the letter. Noah 86 degrees 38 minutes 36 saaonds West, a
dhatanoe of 111.60 foot to a point at the corner of Lot No. 68 on sold plan; thane a along
bow: X: $ ra;f 140
'.3/2008 10'02:22 AM
... ... I .T ... ..
CUMBERLAND COUNTY
Ins1.# 199910000 - Page 1 Of
G
' It
?i
Vu/ V'ij 4VV7 GV, G?J
1 f?-JQJ GTV
OP"Ca alortg the latser, south 00 deG'eee 32 minutes ov 6e0onds West, a distentse of
151.24 teat to a pout, -the place or 1%4MNNINr3
CONTAINING 13,023 she feet according to a subdlvit lon pion krwwh /s I
South Motntaln Estates, recorded in Cumberland County plan gook 27, Pape 117, and
being deftuted se Lol No. 57, SeotIdn 3 thereon, and having eraglW tVW*W a
r.
dwelling lalaarn an 29 Highland Avenue, Shipper aburg, Pennsylvania 17257, d
UNDER AND SU13JECT to suer easttirtsnts, restrie Ions and conditions shpt may
apply tu the sbove dvmxtbsd tract of land, visible or of raeord, r
BEING the same property which CUMBERLAND VALLEY IiABITAT FOR
HUMANITY, a Pennsylvania nat-proN rarporatian, granted end conveyed to DANIEL
W. CROUMER, single man, and JUDI L. BILOSSER, single women, grantors heralR.by
deed dated Octobar S1, 1927 slid reCerAad in the Off=* of the Re¢mdsr of Deed, for
Cunbawlarrd County, PWVWNWOO. In D6ed Book 197, Ppgq 991.
ANd the said orantore hereby covwmnt end agree IMM they vAN warrant
specialty the property hereby omweyed.
IN WMNNSS WftEREpf, said grantors have hereunto col !hair hands and assts
the day, m rrlh mid yourtfrat above wrilten.
lllgned, Boated and De4vered
In the presence 1 .1 t r A ?.,
1 --
ow 196 nit x,41
2312008 10'02:22 AM
CUMBERLAND COUNT/
rrrar_ 1.4
Inst.if 199910000 - Page 2 of t
? e.
William W. Wolfe Kenneth Morgan
Secretary Chairperson
Grace M. Keiter Thomas Feeney
Assistant Secretary 11114orth Fayefte Street Vice Chairperson
P.O. Box 129
Louis Larson Shippensburg, PA 17257-0129 Christopher Wohttmade
Water Foreman (717) 5$2-2147 W. Edward Goodhart
FAX#. (717) 532-6948 Keith Swartz
June 15, 2009
12 Robinson Ave
Shppeusburg, Pa. 17257
Dear Mr. Killian:
The Shippensburg Borough Authority in an effort to reduce its unaccounted for water loss in
the water system has contracted with a leak detection company. We recently did. a- leak survey in South
Mountain Estates and have determined that a leak exists on the service line servicing your property 12
Robinson Ave. The leak appears to be between the curb stop and the water main.
The Shippensburg Borough Authority maintains -the water main, corporation stop and water
meters. The Authority will allow you 10 days from the date of this letter to have the repair made, after
that time the Authority may take further action.
Please have you contractor contact the Water Foreman, Louis Larson `prior to making the
repair. Mr. Larson can be reached at 729-0305 M-F 7AM to 3PM.
If you have any questions please contact Louis Larson at 729-0305 M-F, 7AM to 3PM.
Sincerely,
Louis Larson, Water Foreman
The Borough is an Equal Opportunity Employer
f4
SHIPPENSBUR6 BOROUGH AUTHORITY
? r•
Q 11110116 TECH, VINCE SMITH
105 Judson Avwm • Butler, PA 18001
(7" 2854033
S?pecleftts In Leak Detection
WATER SURVEY
IDICATM CW LEAK
sonic
8uitaoed °WatK
O"m
UTIMATM Of LEAKAM
Date _ I'?o 1 -?-, gee`s
Owner dp P11bk F?Q1flElIt
Leak kWka fort C iatlon
Lg Modkvn
-
WORK ORDER
pAPMW For.
LUMOR DETECTED AT: Molt IAR3
COVET!
. . . . . . . . . . .
. . . . rJOUt
. . . . . . . , ?-- . ' • : • . . . .
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'77F RE L•J .2 " 2" 4 •i v
Cut, 'J7 y
,oetl - 44
Sheriffs Office of Cumberland County
R Thomas Kline ??xtr of runbrr?r?1 Edward L Schorpp
Sheriff µf Solicitor
-
Ronny R Anderson - Jody S Smith
Chief Deputy OFFICE _-P T"E sF.ER«F Civil Process Sergeant
Elaine M. Killian
vs. Case Number
Judi L. Blosser 2009-4277
SHERIFF'S RETURN OF SERVICE
06/29/2009 05:50 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on June 29,
2009 at 1750 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Judi L. Blosser, by making known unto Ronald Zenefski, adult in charge at 29 Highland
Avenue Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time
handing to him personally the said true and correct copy of the same.
SHERIFF COST: $46.44
June 30, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF
D ut Sheriff
-
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:ID
c- _ a {
r
?ry V f??Z
I
ELAINE M. KILLIAN and : IN THE COURT OF COMMON PLEAS OF
RYAN KILLIAN, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs .
V. : NO. 2009 4277 CIVIL ACTION - LAW
JUDI L. BLOSSER
Defendant
NOTICE TO PLEAD
TO: ELAINE M. KILLIAN and RYAN KILLIAN
You are hereby notified to file a written response to the enclosed Counterclaim within twenty (20) days
from service hereof or a judgment may be entered against you.
J J Y
G r r d g acqu ne M. Verney, Esquire #23167
44 S. Hanover Street
Carlisle, PA 17013
717-243-9190
Attorney for Defendant, Judi L. Blosser
ELAINE M. KILLIAN and : IN THE COURT OF COMMON PLEAS OF
RYAN KILLIAN, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V. : No. 09-4277 CIVIL ACTION-LAW
JUDI L. BLOSSER,
Defendant
ANSWER AND COUNTERCLAIM
AND NOW, comes Defendant, Judi L. Blosser, by and through her attorney,
Jacqueline M. Verney, Esquire and files this Answer and Counterclaim:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof thereof is demanded at trial.
6. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial.
7. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial.
8. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial.
9. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial.
10. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial.
11. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial.
12. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial.
13. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial. By way of further answer, Defendant
denies the dimensions of the "disputed area" and that it is "disputed" as she is the
record owner of said land.
14. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial.
15. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial. By way of further answer, it is
unknown whether Plaintiffs or their predecessors in title obtained appropriate
building permits for the construction that occurred on the property.
16. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial. By way of further answer, it is
unknown whether Plaintiffs or their predecessors in title obtained appropriate
building permits for the construction that occurred on the property. By way of further
answer the placement of the shed not only trespasses on defendant's property, but
violates the township setbacks for the adjacent property owned currently by Thomas
L. Ginnick and Kathleen M. Ginnick.
17. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial. By way of further answer, it is
unknown whether Plaintiffs or their predecessors in title obtained appropriate
building permits for the construction of the existing deck that occurred on the
property. By way of further answer the placement of the deck violates the township
setbacks.
18. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial.
19. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial. By way of further answer, Defendant
denies that there is a disputed area, claiming that she and her predecessor in title has
owned what Plaintiffs allege as "disputed".
20. Denied. Defendant specifically denies this allegation and strict proof thereof is
demanded at trial. By way of further answer, Defendant, along with Daniel W.
Croumer, acquired the property by deed dated October 31, 1997, recorded in the
Office of Recorder of Deeds in and for Cumberland County, Pennsylvania at Deed
Book 167, Page 691 and has mowed the lawn and used it as an access to her back
yard since that time. By way of further answer, Defendant assisted Habitat for
Humanity, her predecessor in title to build the house situated on the property and
since May 31, 1997, there has been no dispute as to the property line or the so-called
"disputed area" as alleged by Plaintiffs.
21. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial. By way of further answer, Defendant
has witnessed Plaintiffs using other areas of their property for access to their back
yard.
22. Denied. Paragraph 23 is a conclusion of law to which no answer need be filed and
strict proof thereof is demanded.
23. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial. By way of further answer, that part
which is a conclusion of law requires no response.
24. Denied. Defendant specifically denies this allegation and strict proof thereof is
demanded at trial. By way of further, answer, Defendant has resided at the adjacent
property since 1997 and at no time since she has resided there has she ever seen a
camper parked at or near the shed in the alleged "disputed area".
25. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial. By way of further answer, see
responses to paragraphs 20 and 22.
26. Denied. Defendant specifically denies this allegation and strict proof thereof is
demanded at trial. By way of further answer, see responses to paragraphs 24 and 25.
By way of further answer, Defendant denies that there is a disputed area, claiming
that she and her predecessor in title has owned what Plaintiffs allege as "disputed".
27. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial.
28. Denied. Paragraph 23 is a conclusion of law to which no answer need be filed and
strict proof thereof is demanded. By way of further answer, Defendant has trimmed
the trees, raked the leaves from the trees, her children have played in those trees, and
she has continuously since 1997 mowed the grass in the alleged "disputed area"
29. Denied. This paragraph is specifically denied. By way of further answer, Defendant
has trimmed the trees, raked the leaves from the trees, her children have played in and
around those trees, and she has continuously since 1997 mowed the grass in the
alleged "disputed area"
30. Denied. This paragraph is specifically denied. By way of further Answer, Defendant
and a co-owner, Daniel W. Croumer, acquired the adjacent property on October 31,
1997. Deed is attached hereto and made a part hereof as Exhibit "A"
31. Denied. This paragraph is specifically denied. See response to Paragraph 28. By
way of further answer, Defendant has used the alleged disputed area as access to her
shed, her water line, her swimming pool and back deck.
32. Admitted. By way of further answer, Defendant has occupied the alleged "disputed
area" since May 31, 1997 when she assisted Habitat for Humanity, the prior record
owner, to build her current residence. Defendant has occupied the alleged "disputed
area" actually. continuously, exclusively, visibly, and openly since May 31, 1997.
33. Denied. This paragraph is specifically denied. By way of further answer, it was the
Defendant who suggested that the parties participate with Neighborhood Dispute
Settlement to resolve this dispute. By way of further answer, Plaintiffs and
Defendant, through a contract with Neighborhood Dispute Settlement, agreed to abide
by both parties" surveyors' decision. Plaintiffs have breached this contract. See
counterclaim.
34. Admitted in part and denied in part. It is admitted that the Defendant placed a
temporary fence on her surveyed property line. It is specifically denied that the fence
was made of barbed wire and strict proof thereof is demanded at trial. It is admitted
that Defendant placed "no trespassing" signs on her property.
35. Admitted in part and denied in part. It is admitted that Plaintiff, Ryan Killian
removed the fence. It is denied that he removed it to mow the lawn and strict proof
thereof is demanded at trial. By way of further answer, Plaintiffs have ocassionally
mowed the lawn in the alleged "disputed area". By way of further answer, the
Defendant called the police when Plaintiff, Ryan Killian removed the fence, but
Defendant declined to press charges against Plaintiff. The police advised Defendant
to post "no trespassing" signs on the property and further advised Plaintiff Ryan
Killian to not trespass on Defendant's property.
36. Denied. It is specifically denied that in June, 2009 Defendant placed a "no
trespassing" sign in the alleged "disputed area" and strict proof thereof is demanded
at trial. By way of further answer, Defendant placed a "no trespassing" sign on her
property.
37. Denied. It is specifically denied that a fence was placed in the "disputed area" and
strict proof thereof is demanded at trial. By way of further answer, a permanent fence
was constructed on Defendant's property line on June 13, 2009, with cement footers.
38. Denied. It is specifically denied that the Defendant intends to remove plaintiffs' shed
and strict proof thereof is demanded at trial. It is further denied that the shed is in the
alleged "disputed area" and strict proof thereof is demanded at trial. By way of
further answer, Defendant denies that the alleged "disputed area" is owned by
Plaintiffs or that Plaintiffs have any right to the use of the alleged "disputed area." It
is further denied that Defendant intends to cut plaintiffs' trees. The trees are on
Defendant's property and she has the right to cut the trees. By way of further answer,
Defendant requests that Plaintiffs remove their shed as it is trespassing on her
property, in the alternative, Defendant seeks rent for the shed to remain on her
property. See counterclaim.
39. Denied. It is specifically denied that Defendant caused damage to the Plaintiffs'
water line located in the alleged "disputed area" and strict proof thereof is demanded
at trial. By way of further answer, the water leak pre-existed the drilling of the holes
for the fence.
40. Admitted. It is admitted that the Shippensburg Borough Authority notified the
Plaintiffs about the leak on June 15, 2009, but the inspection that detected the leak
occurred on or about June 11 or June 12, 2009, days that predated the drilling of the
fence holes.
41. Denied. It is specifically denied that the Plaintiffs have used the alleged `disputed
area" since 1977 to 2008 without permission and strict proof thereof is demanded at
trial. By way of further answer, Defendant has used and occupied the alleged
"disputed area" since May 31, 1997.
42. This paragraph is a conclusion of law to which no response is required. If a response
is required, it is specifically denied and strict proof is demanded at trial.
43. This paragraph is a conclusion of law to which no response is required. If a response
is required, it is specifically denied and strict proof thereof is demanded at trial.
44. Admitted.
45. This paragraph is a conclusion of law to which no response is required. If a response
is required, it is specifically denied and strict proof is demanded at trial.
WHEREFORE, Defendant requests that the Plaintiffs' request for the quieting title by
adverse possession be denied.
COUNTERCLAIM-FAIR RENTALVALUE
46. Paragraphs 1-45 are hereby incorporated by referenced.
47. Defendant is the record owner of property known and numbered 29 Highland
Avenue, Shippensburg, Cumberland County, Pennsylvania.
48. On or about May, 2008, Defendant had a land survey performed by Carl Bert
& Associates of her property at 29 Highland Avenue, Shippensburg, Pennsylvania.
49. The result of the survey determined that the Plaintiffs shed was on Defendant's
property.
50. Upon information and belief, Defendant avers that the Plaintiffs' shed has been on
Defendant's property since Defendant acquired the property on October 31, 1997.
51. Defendant claims fair rental value of the Plaintiffs shed for 141 months at $200.00
per month or $28,200.00.
52. Defendant has requested the Plaintiffs to remove their shed, but the Plaintiffs have
refused.
53. Upon information and belief, Defendant avers that the Plaintiffs will continue to
refuse to remove their shed to the great detriment of Defendant, depriving Defendant
from the quiet enjoyment of her property.
WHEREFORE, Defendant requests this Honorable Court enter Judgment in the
amount of $28,200.00 and continuing at the rate of $200 per month and such other
equitable relief the court deems appropriate.
COUNTERCLAIM-BREACH OF CONTRACT
54. Paragraphs 1-53 are incorporated by reference.
55. On March 3, 2009 at the behest of the Defendant, Plaintiffs and Defendant entered
into a Mediation Agreement, attached hereto and incorporated herein as Exhibit "B."
56. The Mediation Agreement is a legally binding contract.
57. Paragraph 3 of the Mediation Agreement provides as follows: "Both parties agree to
be bound by the decision of the surveyors."
58. Both surveyors agree as to the boundary line.
59. Plaintiffs had a duty to abide by the decision of the surveyors.
60. Plaintiffs have breached their duty to abide by the decision of the surveyors.
61. As a result of the breach by Plaintiffs, Defendant has incurred substantial expense.
62. As a result of Plaintiffs' breach, Defendant has erected a fence along the boundary
line that would not have been necessary if the Plaintiffs had agreed that Defendant is
the rightful owner of the property.
63. As a result of the Plaintiffs' breach, Defendant has incurred legal expenses to enforce
the legally binding contract.
WHEREFORE, Defendant requests this Honorable Court enter judgment on behalf of
Defendant and award damages to Defendant for the breach of contract in the amount
of$2,000 for the cost of material, rental and labor, and legal expenses in the amount
of $5,000.00 to enforce the contract and such other relief as the court deems
equitable.
Respectfully submitted,
G ac line M. Verney, Esquire ? y, ire X231 7
44 S. Hanover Street
Carlisle, PA 17013
717-243-9190
Attorney for Defendant
EXHIBIT "A"
sin (w+suuynuw?osrin-i.uc//¢
This Deed
TAX PARCEL NO.39-36-2438-024
Made the 31 st day of October, in the year nineteen hundred and ninety-seven (1997)
BETWEEN
CUMBERLAND VALLEY HABITAT FOR HUMANITY, a Pennsylvania non-profit
corporation, of 114 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, Grantor or
Party of the First Part,
AND
DANIEL W. CROUMER, single man and JUDI L. BLOSSER, single woman, as joint
tenants with the right of survivorship, of 175 Beetem Hollow Road, Newville, Cumberland County,
Pennsylvania, Grantees or Party of the Second Part.
WITNESS, That said party of the first part, for and in consideration of the sum of FORTY-
FIVE THOUSAND TWENTY-FOUR ($45,024.00) DOLLARS, lawful money of the United States
of America, well and truly paid by the said party of the second part to the said party of the first part,
at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged,
has granted, bargained, sold, aliened, enfeofred, released, conveyed and confirmed, and by these
presents does grant, bargain, sell, alien, enfeoff, release, convey, and confirm unto the said party of
the second part, their heirs, successors and assigns:
ALL THAT CERTAIN parcel of land situate in the Township of Southampton,
County of Cumberland, commonwealth ofpennsylvania, and known as Lot Number
57, Section 3 of the development known as south Mountain Estates, said plan
recorded in Cumberland County Plan Book 27 at Page 117, and described as follows:
BEGINNING at a point on Highland Avenue at corner of Lot Number 58; thence
along Highland Avenue, North 89 degrees 27 minutes 52 seconds West 100.00 feet
to a point at comer of Highland Avenue and Lot Number 56; thence along Lot
Number 56, North 04 degrees 00 minutes 56 seconds West 147.94 feet to a point at
corner of Lot Number 56 and lands now or formerly of Thomas Whaley; thence
along lands now or formerly of Thomas Wholey, North 88 degrees 36 minutes 38
seconds East 111.80 feet to a point at corer of lands now or formerly of Thomas
Wholey and Lot Number 58; thence along Lot Number 58, South 00 degrees 32
BOOK 167 PuF 69i
I.
minutes 08 seconds West 151.24 feet to the place of BEGINNING. CONTAINING
15,823 square feet.
BEING the same premises which P. Terry Cline, by his Deed dated October 22, 1996
and recorded October 24, 1996, in and for Cumberland County in the Office of the
Recorder of Deeds in Deed Book 147, Page 1061, granted and conveyed unto
Cumberland Valley Habitat for Humanity, Grantor herein.
SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to the
afore-described tract of land, recorded or unrecorded.
TOGETHER with all and singular tenements, hereditaments and appurtenances to the same
bylonging, or in any way appertaining, and the reversion and reversions, remainder or remainders,
rents, issues and profits thereof, AND ALSO all the estate, rights, title, interest, property, claim and
demand whatsoever, both in law and equity, of the said party of the first part, of, in, to or out of the
said premises, and every part and parcel thereof.
TO HAVE AND TO HOLD the said premises, with all and singular the appurtenances, unto
the said party of the second part, their heirs, successors or assigns, to and for the only proper use and
behoof of said party of the second part, their heirs, successors and assigns forever.
AND the said party of the first part, his heirs and assigns, does by these presents, covenant,
grant and agree to and with the said party of the second part, their heirs, successors and assigns, that
the said party of the first part, his heirs, successors and assigns, all and singular the hereditaments
and premises herein above described and granted, or mentioned and intended so to be, with the
appurtenances unto the said patty of the second part, their heirs, successors or assigns, against the
said party of the first part and his heirs, successors and assigns, and against all and every other
person or persons, whomsoever, lawfully claiming or to claim the same or any part thereof, by, from
or under him, her; them or any of them, shall and will, subject to aforesaid SPECIALLY
WARRANT and DEFEND.
Z
('04 167 NVE 6,92 o 5 5 5. 5 i
fAQ?ONfJ?N? N
ft
IN WITNESS WHEREOF, the said party of the fast part has hereunto set his hand and seal,
the day and year first written above.
ATTEST: CUMBERLAND VALLEY HABITAT FOR
HUMANITY
By:
COMMONWEALTH OF PENNSYLVANIA )
l L 1tYU, Ceul.cl- SS.
COUNTY OF )
O this the 31st day of October, 1997, before me the dersigned o cer, personally
appeared Nu\tw who acknowledged that (Le)she is the WTV
of Cumberland Valley Habitat for Humanity, and that(t he as such being
authorized so to do, executed the foregoing instrument for the purposes therein contained.
IN WITNESS WHEREOF I hereunto set my hand and official seal the day and year
aforesaid.
a; Now" Beal
Tdda L BaBey, Wiwi, Puhlb
Car We Bom• Cumb6daM Candy
...?.• •.a•..,,..• r .nvea Nov. 24. 1987
.. .... ??
Notary Public
Y 1 CERTIFICATE OF RESIDENCE
` o
I hereby certify that the precise residence of the Grantees herein is as follows: 1-+
:29 Idty1+1« J Avo~e-, 5L; gpen&6 --j, PA 1-72$7-7
e
.tam
Attorney or Agent for Grantees
eooi 167 nim 63+3
ft.
EXHIBIT "B"
NeighBorhood Dispute Settlement
A
315 PEFFER ST., HARRISBURG, PA 17102 (717) 233-8255
f MEDIATION AGREEMENT
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Date: C7 7 Mediators: / /j'1
Name(s):
Address
Name(s)
Address
Ci
(A-
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77) 4-
7, OPI fro
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(NDS)
DO NOT SIGN IF YOU DO NOT AGREE WITH THE ABOVE TPERMS
VERIFICATION
I verify that the facts included in the within Answer and Counterclaim are true
and correct based on information known to me or received from reliable sources. I
understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A.
§ 4904 relating to unworn falsification to authorities.
f C lM
Dated: 1 1
Judi L. losser
CERTIFICATE OF SERVICE
I, Jacqueline M. Verney, Esquire, hereby certify that I am this day serving a true
and correct copy of the foregoing Answer and Countclaim upon the person and in the
manner indicated below, which service satisfies the requirements of the Pennsylvania
Rules of Civil Procedure, be depositing a copy of same in the Untied States Mail, first
class, postage prepaid, as follows:
Joseph A. Macaluso, Esquire
P.O. Box 83
Orrstown, PA 17244
Date: 1 -A 1 "o 7
ia PI ne M. Verney, Esquire # 167
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Defendant
Rum-OFFICE
OF TW PROTHONOTARY
2009 JUL 2 ! Ali 8= 2 J
WWRLANJ .:,U TY
YLVAN A
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY
Elaine M. Killian and Civil Action - Law
Ryan Killian,
Plaintiffs
V. No. 2009-04277
Judi L. Blosser,
Defendant
PLAINTIFFS' REPLY TO COUNTERCLAIM OF DEFENDANT
Plaintiffs, Elaine M. Killian and Ryan Killian, by and through their attorney, Joseph
A. Macaluso, hereby reply to the counterclaim of defendant, Judi L. Blosser, as follows:
REPLY TO COUNTERCLAIM FOR FAIR RENTAL VALUE
46. Paragraph 46 merely repeats and incorporates Paragraphs 1 through 45,
inclusive, of the answer to the complaint, and so no reply to Paragraph 46 is required.
47. Admitted.
48. Plaintiffs lack knowledge or information sufficient to form a belief as to the truth
of the allegations contained in Paragraph 48. Plaintiffs aver that the means of proof of
same are within the control of defendant; therefore, strict proof thereof is required at
trial.
49. Paragraph 49 contains legal suppositions to which no response is required. To
the extent that a reply is deemed to be required, it is specifically denied that plaintiffs'
shed is on property of defendant, as the shed is in the Disputed Area to which plaintiffs
have a valid claim of adverse possession as set forth in Paragraphs 15 through 29,
inclusive, of the complaint. Further answering, plaintiffs have maintained the Disputed
Area at all relevant times and rely on the affidavit of William O. Wilson Jr. attached
hereto as Exhibit A.
50. It is specifically denied that plaintiffs' shed is on property of defendant.
Further answering, plaintiffs repeat their answer to Paragraph 49 above as though set
forth in extenso.
51. It is specifically denied that first, plaintiffs' shed is on property of defendant,
second, that there is any agreement to pay rent, and third, that plaintiffs owe any rent to
defendant. Further answering, plaintiffs repeat their answer to Paragraph 49 above as
though set forth in extenso.
52. The allegations of Paragraph 52 are admitted in part and denied in part. It
is admitted that defendant requested that plaintiffs remove their shed from the Disputed
Area, however, it is specifically denied that plaintiffs are required to do so, and it is
specifically denied that plaintiffs' shed is on property of defendant. Further answering,
plaintiffs repeat their answer to Paragraph 49 above as though set forth in extenso.
53. The allegations of Paragraph 53 are admitted in part and denied in part. It
is admitted that plaintiffs refuse to remove their shed from the Disputed Area, however,
it is specifically denied that plaintiffs are required to do so, and it is specifically denied
that plaintiffs' shed is on property of defendant. Further answering, plaintiffs repeat
their answer to Paragraph 49 above as though set forth in extenso.
WHEREFORE, plaintiffs demand dismissal of the counterclaim of defendant for fair
rental value, and that judgment be entered in their favor and against defendant.
REPLY TO COUNTERCLAIM FOR BREACH OF CONTRACT
54. Paragraph 54 merely repeats and incorporates Paragraphs 1 through 53,
inclusive, of the answer to the complaint, and so no reply to Paragraph 54 is required.
55. The allegations of Paragraph 55 are admitted in part and denied in part. It
is admitted that plaintiffs entered into the handwritten mediation agreement attached to
the counterclaim as Exhibit B. However, it is specifically denied that the agreement was
final or that the agreement has any binding effect on the issues involved in the within
suit. Further answering, the agreement states on its face in Paragraph 1 that the
parties' surveyors "will attempt to reach a mutual agreement", and in Paragraph 6 that
"{i)f the surveyors are unable to reach an agreement, the parties agree to attempt to
mediate the dispute of the surveyors". In fact, plaintiffs' surveyor, Glenn D. Watson of
Dennis Black Engineering, Incorporated, correctly advised defendant's surveyor in
writing that this matter was not appropriate for surveyors to decide as follows:
"... the matter at hand is the Killians' claim to a portion of Lot 57 because of
certain actions that they, or their predecessors in title, have taken over the
years. It is because of this claim, and not a surveying discrepancy, that I am of
the opinion that this is not an issue for two surveyors to decide. This matter is
clearly beyond the purview of land surveyors and should be left to a Court of
Law to decide."
A copy of the letter dated March 16, 2009, written by plaintiffs' surveyor, is attached
hereto as Exhibit B.
56. Paragraph 56 contains legal suppositions to which no response is required. To
the extent that a reply is deemed to be required, it is specifically denied that the
agreement has any binding effect on the issues involved in the within suit. Further
answering, plaintiffs repeat their answer to Paragraph 55 above as though set forth in
extenso.
57. Paragraph 57 contains legal suppositions to which no response is required. To
the extent that a reply is deemed to be required, it is specifically, denied that the parties'
surveyors made any binding decision and it is specifically denied that the parties'
surveyors are in agreement as to ownership of the Disputed Area. Further answering,
plaintiffs repeat their answer to Paragraph 55 above as though set forth in extenso.
58. It is specifically denied that the parties' surveyors are in agreement as to
ownership of the Disputed Area. Further answering, plaintiffs repeat their answer to
Paragraph 55 above as though set forth in extenso.
59. It is specifically denied that the parties' surveyors made any binding decision
and it is specifically denied that the parties' surveyors are in agreement as to
ownership of the Disputed Area. Further answering, plaintiffs repeat their answer to
Paragraph 55 above as though set forth in extenso.
60. Paragraph 60 contains legal suppositions to which no response is required. To
the extent that a reply is deemed to be required, it is specifically denied that the
plaintiffs have breached any agreement, although defendant did breach Paragraph 7 of
the mediation agreement by constructing a fence in the Disputed Area.
61. Paragraph 61 contains legal suppositions to which no response is required. To
the extent that a reply is deemed to be required, it is specifically denied that the
plaintiffs have breached any agreement, and it is specifically denied that plaintiffs have
wrongfully caused any expense to defendant.
62. The allegations of Paragraph 62 are admitted in part and denied in part. It
is admitted that defendant erected a fence within the Disputed Area, however, it is
specifically denied that the fence was necessary and it is specifically denied that
defendant is the rightful owner of the Disputed Area, to which plaintiffs have a valid
claim of adverse possession as set forth in Paragraphs 15 through 29, inclusive, of the
complaint.
63. Paragraph 63 contains legal suppositions to which no response is required. To
the extent that a reply is deemed to be required, it is specifically denied that the
plaintiffs have breached any agreement, and it is specifically denied that defendant is
entitled to recover any legal expenses she incurred or that plaintiffs have wrongfully
caused any legal expense to defendant.
WHEREFORE, plaintiffs demand dismissal of the counterclaim of defendant for
breach of contract, and that judgment be entered in their favor and against defendant.
Ily Submitted,
Jo ph A. Macaruso, Esq.
up eme Court I.D. No. 38262
A ney for Plaintiffs Elaine M. Killian
and Ryan Killian
P.O. Box 83
Orrstown, PA 17244
Tel. (717) 532-4832
VERIFICATION
We, Elaine M. Killian and Ryan Killian, verify that the statements made in the foregoing
reply to counterclaim are true and accurate to the best of our personal knowledge,
information and belief. We understand that our statements are made subject to the
penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities.
Elaine M. Killian
Ryn Killian
Dated: ???
CERTIFICATE OF SERVICE
I hereby certify that on August b, 2009, 1 caused to be served a true and correct
copy of the plaintiffs' reply to counterclaim of defendant to the following individual, by
first class mail, postage prepaid:
Jacqueline M. Verney, Esq.
44 S. Hanover St.
Carlisle, PA 17013
I further certify that the statements made herein are true and correct, and I
understand that if any false statements were made herein, the same would be
subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn
falsification to authorities.
Dated: August '6, 2009
Joseph A. Macaluso
IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY
Elaine M. Killian and Civil Action - Law
Ryan Killian,
Plaintiffs
V.
Judi L. Blosser,
Defendant
AFFIDAVIT
No. 2009-04277
William O. Wilson, Jr., 31 S. Washington Street, Shippensburg, PA 17257, being of
full age and sound mind, having been duly sworn according to law, upon his oath,
deposes and says:
1. From 1995 until 1999 every year from about April until early October I mowed
the lawn weekly and trimmed the trees twice per summer on the property located at 12
Robinson Avenue, Shippensburg, Pennsylvania 17257 (the "Property"), for Leon P. and
Dorothy R. Beard.
2. From 2000 until 2006 every year from about April until early October I mowed
the lawn weekly and trimmed the trees twice per summer on the Property for Dorothy R.
Beard.
3. In 2007 from about April until early October I mowed the lawn weekly and
trimmed the trees twice per summer on the Property for the Estate Dorothy R. Beard.
4. In 20081 mowed the lawn on the Property on about 4 occasions in the
summer, for Ryan Killian.
5. In 20091 mowed the lawn on the Property on about 2 occasions in the early
summer, for Ryan Killian.
6. 1 have examined the survey prepared by Dennis E. Black Engineering, Inc.
dated August 27, 2008, a copy of which is attached to the complaint in this case as
Exhibit E. I am familiar with the shaded area in the survey which is called the "Disputed
Area" in the complaint.
7. Each time mentioned in Paragraphs 1 through 5 above, when I mowed the
lawn at the Property, the area I mowed included the entire "Disputed Area".
8. Each time mentioned in Paragraphs 1 through 3 above, when I trimmed the
trees, I trimmed the large trees at the rear of the Property shown in the "Disputed Area"
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9. At all times mentioned in Paragraphs 1 through 5 above, the shed shown
partially in the "Disputed Area" has been where shown on the survey and the shed has
not been moved.
10. At all times mentioned in Paragraphs 1 through 3 above, when I mowed the
lawn, at no time did it ever appear that the area of lawn in the "Disputed Area" had
been mowed by any other person since I last mowed that area.,
11. 1 represent that the foregoing statements are true and correct to the best of
my knowledge, information and belief.
William O. Wilson, Jr.
Sworn and subscribed before me
this 5-th day of August, 2009
Notary Public
oaf oe o
Mi LWCA M0
MOY Tiro
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WCO"N
DENNIS E. BLACK ENGINEERING, INCORPORATED
EIGIl????? YING-----__ _
2400 PHILADELPHIA AVENUE
CHAMBERSBURG, PENNSYLVANIA 17201
PHONE (717) 263-8794 - FAX (717) 263-7052
TOLL FREE - 888-238-0661
Email - info _,debei.com
Sewerage, Drainage & Sewage Treatment
Water Supply & Water Treatment
Reports & Appraisals
Storm Water Management
_ March 16, 2009
Mr. Carl Bert
Carl Bert & Associates
20 East Burd Street, Suite 7
Shippensburg, PA 17257
Planning & Zoning
Roads & Streets
Municipal Engineering
Surveying & Estimating
Re: Elaine and Ryan Killian & Judi Blosser
Properties on Robinson & Highland Avenues
Southampton Township, Cumberland Co., PA
Dear Mr. Bert:
I am in receipt of your correspondence dated March 11, 2009 and in regards to our
telephone conversation held March 13, 2009, please accept this letter as documentation of our
discussion. Thank you for sending me the hand-written Mediation Agreement dated March 3,
2009 prepared by the Neighborhood Dispute Settlement and signed by Elaine and Ryan Killian,
my clients, and Judi Blosser, your client. As outlined in the Agreement, each party was to
contact their respective surveyors to schedule a meeting, in an attempt to reach a mutual
agreement to the property line. Both parties agreed to be bound by our decision.
As I explained to the Killians and yourself, the matter at issue is not the position of the
platted line (shown on Plat Book 27 Page 117) between the Lot 56 (Killian) and Lot 57 (Blosser)
that you laid out on the -ground. As you can see on the attached survey draft, the matter at hand
is the Killians' claim to a portion of Lot 57 because of certain actions that they, or their
predecessors in title, have taken over the years.
It is because of this claim, and not a surveying discrepancy, that I am of the opinion that
this is not an issue for two surveyors to decide. This matter is clearly beyond the purview of land
surveyors and should be left to a Court of Law to decide. From our conversation last Friday, I
believe that you are of the same opinion, and will conf= my position on the matter. As always,
if you have any questions, do not hesitate to contact me.
Sincerely,
c?? -1-?) - L')"Z?-
Glenn D. Watson, Project Manager
Pennsylvania Professional Land Surveyor #SU-034645-E
cis: » land Ryan Ki1;i
M:\surveyor\GLENN\6718_ElaineKillian\CarlBertl.doc e
P" L?
OF 7`2
20100, A U G -7 F' 2:
A
ELAINE M. KILLIAN and : IN THE COURT OF COMMON PLEAS OF
RYAN KILLIAN, :CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs .
V. : NO. 2009- 4277 CIVIL ACTION -LAW
JUDI L. BLOSSER
Defendant
NOTICE TO PLEAD
TO: ELAINE M. KILLIAN and RYAN KILLIAN
You are hereby notitied to file a written response to the enclosed Amended Answer and Counterclaim
within twenty (20) days from servic ° hereof or a judgment may be entered against you.
cque a M. Verney, Esquire #23167
44 S. anover Street
Carlisle, PA 17013
717-243-9190
Attorney for Defendant, Judi L. Blosser
ELAINE M. KILLIAN and
RYAN KILLIAN,
Plaintiffs
V.
JUDI L. BLOSSER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 09-4277 CIVIL ACTION-LAW ~? ~'
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. ~ ~' .
AMENDED ANSWER AND COUNTERCLAIM
BY DEFENDANT JUDI L. BLOSSER
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AND NOW. comes Defendant, Judi L. Blosser, by and through her attorney,
Jacqueline M. Verney, Esquire and avers the following in support of her Amended and
counterclaim Answer and Counterclaim:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof thereof is demanded at trial.
6. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial.
7. Denied. Plaintiff is withoi.: sufficient knowledge to either admit or deny this
allegation and strict proof Es demanded at trial.
8. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial.
9. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial.
10. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial.
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11. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial.
12. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial.
13. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial. By way of further answer, Defendant
denies the dimensions of the "disputed area" and that it is "disputed" as she is the
record owner of said land.
14. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial.
15. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial. By way of further answer, it is
unknown whether Plaintiffs or their predecessors in title obtained appropriate
building permits for the construction that occurred on the property.
16. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof s demanded at trial. By way of further answer, it is
unknown whether Plaintiffs or their predecessors in title obtained appropriate
building permits for the construction that occurred on the property. By way of further
answer the placement of the shed not only trespasses on defendant's property, but
violates the to~~mship setbacks for the adjacent property owned currently by Thomas
L. Ginnick and Kathleen M. Ginnick.
17. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial. By way of further answer, it is
unknown whether Plaintiffs or their predecessors in title obtained appropriate
building permits for the construction of the existing deck that occurred on the
property. By ~~~ay of further answer the placement of the deck violates the township
setbacks.
18. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial.
19. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial. By way of further answer, Defendant
denies that there is a dispt=fed area, claiming that she and her predecessor in title has
owned what Plaintiffs alle.;e as "disputed".
20. Denied. Defendant specifically denies this allegation and strict proof thereof is
demanded at trial. By way of further answer, Defendant, along with Daniel W.
Croumer, acquired the property by deed dated October 31, 1997, recorded in the
Office of Recorder of Deeds in and for Cumberland County, Pennsylvania at Deed
Book 167, Pa~~e 691 and has mowed the lawn and used it as an access to her back
yard since that time. By way of further answer, Defendant assisted Habitat for
Humanity, her predecessor in title to build the house situated on the property and
since May 31, 1997, there 11as been no dispute as to the property line or the so-called
"disputed area" as alleged by Plaintiffs.
21. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial. By way of further answer, Defendant
has witnessed Plaintiffs u~~sng other areas of their property for access to their back
yard.
22. Denied. Paragraph 23 is a conclusion of law to which no answer need be filed and
strict proof thereof is demanded.
23. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial. By way of further answer, that part
which is a conclusion of law requires no response.
24. Denied. Defendant specifically denies this allegation and strict proof thereof is
demanded at trial. By way of further answer, Defendant has resided at the adjacent
property since 1997 and at no time since she has resided there has she ever seen a
camper parked at or near the shed in the alleged "disputed area".
25. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial. By way of further answer, see
responses to paragraphs 20 and 22.
26. Denied. Defendant specifically denies this allegation and strict proof thereof is
demanded at trial. By wa., of further answer, see responses to paragraphs 24 and 25.
By way of further answer. Defendant denies that there is a disputed area, claiming
that she and her predecessor in title has owned what Plaintiffs allege as "disputed".
27. Denied. Plaintiff is without sufficient knowledge to either admit or deny this
allegation and strict proof is demanded at trial.
28. Denied. Paragraph ?3 is a conclusion of law to which no answer need be filed and
strict proof thereof is demanded. By way of further answer, Defendant has trimmed
the trees, raked the leaves from the trees, her children have played in those trees, and
she has continuously since 1997 mowed the grass in the alleged "disputed area"
29. Denied. This paragraph is specifically denied. By way of further answer, Defendant
has trimmed the trees, raked the leaves from the trees, her children have played in and
around those trees, and she has continuously since 1997 mowed the grass in the
alleged "disputed area'"
30. Denied. This paragraph is specifically denied. By way of further Answer, Defendant
and a co-owner. Daniel W. Croumer, acquired the adjacent property on October 31,
1997. Deed is attached hereto and made a part hereof as Exhibit "A"
31. Denied. This paragraph is specifically denied. See response to Paragraph 28. By
way of further answer. Defendant has used the alleged disputed area as access to her
shed, her water line, her swimming pool and back deck.
32. Admitted. By way of further answer, Defendant has occupied the alleged "disputed
area" since May 3 I . l 997 when she assisted Habitat for Humanity, the prior record
owner, to build her current residence. Defendant has occupied the alleged "disputed
area" actually, continuously, exclusively, visibly, and openly since May 31, 1997.
33. Denied. This paragraph is specifically denied. By way of further answer, it was the
Defendant who suggested that the parties participate with Neighborhood Dispute
Settlement to resolve this dispute. By way of further answer, Plaintiffs and
Defendant. through a contract with Neighborhood Dispute Settlement, agreed to abide
by both parties' surveyors~~ decision. Plaintiffs have breached this contract. See
counterclaim.
34. Admitted in part and denied in part. It is admitted that the Defendant placed a
temporary fence on her surveyed. property line. It is specifically denied that the fence
was made of barbed wire and strict proof thereof is demanded at trial. It is admitted
that Defendant placed "no trespassing" signs on her property.
35. Admitted in part and denied in part. It is admitted that Plaintiff, Ryan Killian
removed the fence. It is denied that he removed it to mow the lawn and strict proof
thereof is demanded at trial. By way of further answer, Plaintiffs have ccasionally
mowed the lawn in the alleged ``disputed area". By way of further answer, the
Defendant called the police when Plaintiff, Ryan Killian removed the fence, but
Defendant declined to press charges against Plaintiff. The police advised Defendant
to post "no trespassing" signs on the property and further advised Plaintiff Ryan
Killian to not trespass on Defendant's property.
36. Denied. It is specifically denied that in June, 2009 Defendant placed a "no
trespassing"" sign in the alp ;.ged "disputed area" and strict proof thereof is demanded
at trial. By way of further answer, Defendant placed a "no trespassing" sign on her
property.
37. Denied. It is specifically denied that a fence was placed in the "disputed area" and
strict proof thereof is demanded at trial. By way of further answer, a permanent fence
was constructed on Defendant's property line on June 13, 2009, with cement footers.
38. Denied. It is specifically denied that the Defendant intends to remove plaintiffs' shed
and strict proof thereof is demanded. at trial. It is further denied that the shed is in the
alleged "disputed area'" and strict proof thereof is demanded at trial. By way of
further answer, Defendant denies that the alleged "disputed area" is owned by
Plaintiffs or that Plaintiffs have any right to the use of the alleged "disputed area." It
is further denied that Defendant intends to cut plaintiffs' trees. The trees are on
Defendant's property and :he has the right to cut the trees. By way of further answer,
Defendant requests that Plaintiffs remove their shed as it is trespassing on her
property, in the alternative, Defendant seeks rent for the shed to remain on her
property. See counterclaim.
39. Denied. It is specifically denied that Defendant caused damage to the Plaintiffs'
water line located in the alleged "disputed area" and strict proof thereof is demanded
at trial. By way of fiu•ther answer, the water leak pre-existed the drilling of the holes
for the fence.
40. Admitted. It is admitted that the Shippensburg Borough Authority notified the
Plaintiffs about the leak on June 15, 2009, but the inspection that detected the leak
occurred on or about .Iune ] 1 or June 12, 2009, days that predated the drilling of the
fence holes.
41. Denied. It is specifically denied that the Plaintiffs have used the alleged `disputed
area" since 1977 to 2008 without permission and strict proof thereof is demanded at
trial. By way of further answer, Defendant has used and occupied the alleged
"disputed area"'since May 31, 1997.
42. This paragraph is a conclusion of law to which no response is required. If a response
is required, it is specifically denied and strict proof is demanded at trial.
43. This paragraph is a conclusion of law to which no response is required. If a response
is required, it is specifically denied and strict proof thereof is demanded at trial.
44. Admitted.
45. This paragraph is a conclusion of law to which no response is required. If a response
is required, it is specifically denied and strict proof is demanded at trial.
WHEREFORE. Defendant requests that the Plaintiffs' request for the quieting title by
adverse possession be denied.
COUNTERCLAIM-FAIR RENTALVALUE
46. Paragraphs 1-45 are hereb ~~ incorporated by referenced.
47. Defendant is the record o~~ner of property known and numbered 29 Highland
Avenue, Shippensburg. Cumberland County, Pennsylvania.
48. On or about May, 2008, Defendant had a land survey performed by Carl Bert
& Associates of her property at 29 Highland Avenue, Shippensburg, Pennsylvania.
49. The result of the survey determined that the Plaintiffs shed was on Defendant's
property.
50. Upon information and belief, Defendant avers that the Plaintiffs' shed has been on
Defendant's property sine.: Defendant acquired the property on October 31, 1997.
51. Defendant claims fair rental value of the Plaintiffs shed for 141 months at $200.00
per month or $28,200.00.
52. Defendant has requested the Plaintiffs to remove their shed, but the Plaintiffs have
refused.
53. Upon information and belief, Defendant avers that the Plaintiffs will continue to
refuse to remove their shed to the great detriment of Defendant, depriving Defendant
from the quiet enjoyment of her property.
WHEREFORE, Defendant requests this Honorable Court enter Judgment in the
amount of $28,200.00 and continuing at the rate of $200 per month and such other
equitable relief the court deems appropriate.
COUNTERCLAIM-BREACH OF CONTRACT
54. Paragraphs 1-~3 are incor orated by reference.
55. On March 3, 2009 at the behest of the Defendant, Plaintiffs and Defendant entered
into a Mediation Agreement, attached hereto and incorporated herein as Exhibit "B."
56. The Mediation Agreement is a legally binding contract.
57. Paragraph 3 of the Mediation Agreement provides as follows: "Both parties agree to
be bound by the decision of the surveyors."
58. Both surveyors agree as to the boundary line.
59. Plaintiffs had a duty to abide by the decision of the surveyors.
60. Plaintiffs have breached their duty to abide by the decision of the surveyors.
61. As a result of the breach by Plaintiffs, Defendant has incurred substantial expense.
62. As a result of Plaintiffs' breach, Defendant has erected a fence along the boundary
line that would not Have been necessary if the Plaintiffs had agreed that Defendant is
the rightful owner of the property.
63. As a result of the Plaintiffs' breach, Defendant has incurred legal expenses to enforce
the legally binding contract.
WHEREFORE, Defendant requests this Honorable Court enter judgment on behalf of
Defendant and award damages to Defendant for the breach of contract in the amount
of$2,000 for the cost of material, rental and labor, and legal expenses in the amount
of $5,000.00 to enforce the contract and such other relief as the court deems
equitable.
C OUNTERCLAIM-EJECTMENT
64. Paragraphs l -63 are incort~orated by reference.
65. Defendant is the owner of real property as described and depicted in Exhibit A.
66. Defendant acquired title to the above-described property on October 31, 1997,
through a deed recorded in the recorder's office of Cumberland County per Exhibit A.
67. Defendant's property and Plaintiffs' property are adjacent and share the common
boundary as being the western end of Defendant's property and the eastern end of
Plaintiffs" property.
68. Since on or about October 22, 1996, Defendant's predecessors in title have
maintained the described area to the exclusion of all others in a continuous manner
through the date of transfer of the interest to the Defendant in 1997.
69. Since the Defendant's acquisition of the said property in 1997, Defendant has
continued to maintain the said area to the exclusion of Plaintiffs and Plaintiffs
predecessors in title and have asserted ownership in an open, notorious, and adverse
manner to Plaintiffs and Plaintiffs' predecessors in title.
70. On or about 1980, Plaintif#s' predecessor in title erected a shed that encroaches on
Defendant's property. Upon information and belief, at no time since the shed was
erected has the action of Plaintiffs' or their predecessor in title been hostile.
71. Since on or about October 31, 1997, Defendant has exercised and continues to
exercise exclusive possession and control of the property described in Exhibit A.
WHEREFORE, defendant requests that this Court: (1) enter judgment in favor of
Defendant and against Plaintiffs for possession of the real property as reflected in
Defendant's deed of record; and (2) enter an order directing the Plaintiffs to remove
any and all sheds placed b ,~ them on the property.
Respectfully submitted,
.U
ac line M. Verney, Esquire #2 167
44 S. Hanover Street
Carlisle, PA 17013
717-243-9190
Attorney for Defendant
•
VERIFICATION
I verify that the facts included in the within Amended Answer and Counterclaim
are true and correct based on information known to me or received from reliable sources.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.
S.A. § 4904 relating to unsworn falsification to authorities.
Dated: ~ _ a a--~~
Judi . Blosser
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EXHIBIT "A"
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I1YU,tlf10~TAIM.CYt00Dw1 iT•1. V4Y
This Deed
TAX PARCEL N0.39-36-2438-024
Made the 31st day of October, in the year nineteen hundred and ninety-seven (1997)
BETWEEN
CUMBERLAND VALLEY HABITAT FOR HUMANITY, a Pennsylvania non-profit
corporation, of 114 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, Grantor or
Party of the First Part,
AND
DANIEL W. CROUMER, single man and JUDI L. BLOSSER, single woman, as joint
tenants with the right ofstrrvivotship, of l7S Beetem Hollow Road, Newville, Cumberland County,
Pennsylvania, Grantees or Party of the Second Part. ~ ,
WITNESS, That said patty of the first part, for and in consideration of the sum of FORTY-
F1VETHOUSAND TWENTY-FOUR (545,024.00) DOLLARS, inwfui money of the United States
of America, well and truly paid by the said party of the second part to tho said party of the first part,
at and before the sealing and delivery of these presrnts, the receipt whereof is hereby acknowledged,
has granted, bargained, sold, aliened, rnfeoffed, released, conveyed sad confirmed, and by these
peasants dots grant, bargain. sell, alien, etttbofih miease, convey, and confirm unto the said party of
the second part, their heir, successor and assigns:
ALL THAT CERTAIN parcel of land situate in the Township of Southampton,
County of Cumberland, Commonwealth of Pennsylvania, and known as Lot Number
57, Suction 3 of the development known as South. Mouataln Estates, said plan
recorded in Cumberland County Plan Boole 27 at Page 117, and described as follows:
BECIINNING at a point on Highland Avenue at corner of Lot Number 58; thecae
along Highland Avenue, North 69 degrees 27 minutes 52 seconds West 100.00 feet
to a point at corner of Highland Avenue and Lot Number 56; thettce along Lot
'. Number Sb, North 04 degrees 00 minutes Sb seconds West 147.94 feet to a point at
,~•.. '` "corner of Lot Number Sb and lands now or formerly of Thomas Wholey; thence
.w_, ' 'along lands now or formerly of Thomas Wholey, North 88 degrtxs 36 minutes 38
seconds East 111.80 feet to a point at comer of lands now or formerly of Thomas
Wholey and Lot Number 58; thence along Lot Number S8, South 00 degrees 32
ooos< 187 free 69:L
,,,,
minutes OS seconds.West 151.28 feel to the place of BEGINNING. CONTAINING
15,823 square feet.
BEING the same premises which P. Terry Cline, by his Deed dated OcWber 22, 1996
and recorded October 24, 1996, in and for Cumberland County in the Office of the
Recorder of Deeds in Deed Book 147, Page 1061, granted and conveyed unto
Cumberland Valley Habitat for Humanity, Grantor herein.
SUBJECT, HOWEVER, to such easements, restrictions and conditions that may apply to the
afore-described tract of land, recorded or unrecorded.
TOGETHER with all and singular tenemerus, hereditaments sad appurtenances to the same
bFlonging, or in any way appertainiag, and the reversion and reversions, remainder or remainders,
rents, issues and profits thereof; AND ALSO ail the rotate, rights, title, interest, property, claim and
demand whatsoever, both in law and equity, of the said party of the first part, of, in, to or out of the
said premises, and every part and parcel thereof.
TO HAVE AND TO HOLD the said premises, with all and singuler the appurtenances, unto
the said party of the second part, their heirs, auct:cssors or assigns, to and for the only proper use and
behoof of said party of the second part, their lairs, successoro and assigna forever.
AND the said party of the first part, his heirs and assigns, does by these presents, covenant,
grnnt and agree to and with the soid party of the second part, their heirs, successors and assigns, that
the said party of the first part, his heirs, successors and assigns, all and singular the hereditaments
and premises herein above described end granted, or mentioned and intended so to be, with the
appurtenances unto the said party of the second part, their heirs, successors or assigns, against the
said party of the first part and his heirs, successors and assigns, and against all and every other
person or persons, whomsoever, lawfully claiming or to claim the same or any part thereof, by, from
or under him, her; them or any of them, shall and will, subject to aforesaid SPECIALLY
WARRANT and DEFEND.
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IN WITNESS WHEREOF, the said party of the first part has hereunto set his hand and seal,
the day and year first written above.
ATTEST: CUMBERLAND VALLEY HABITAT FOR
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COMMONWEAnnLTF[ O.. F PENNSYLVANIA )
COUNTY OF l.n~(hfLl~ SS
O this the 31st day of October, 1997, beforo me the dersigned o~tcer, personally
appeared Af~~1~ who acknowledged that e~he i the~~~~r,}
• of Cumberland Valley Habitat for Humanity, and that~she as such ~a a o• ,+~-barn
authorized so to do, executed the foregoing instrument for the purposes therein contained. g
IN WITNESS WHEREOF I hereunto set my hand and official seal the day and year
aforesaid.
Trld~ L BNtsy, Notary Phhib
CaAWe 6om, CumbMsnd Countyy
~a. 'r+.ic•,;-•~mvas Nov. 24. tY87 ~ ~
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CERTIFICATE OF RESIDENCE '~
I hereby certify that the precise residence of the Grantees herein is as follows: }-. :'= '
'.29 tdcy~lw.al ANS....t, 5Lr~4na6..~ t PA I~~S-7 c' .. - .~
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CERTIFICATE OF SERVICE
I, Jacqueline M. Verney, Esquire, hereby certify that I am this day serving a true
and correct copy of the foregoing Amended Answer and Countclaim upon the person and
in the manner indicated below, which service satisfies the requirements of the
Pennsylvania Rules of Civil Procedure, be depositing a copy of same in the Untied States
Mail, first class, postage prepaid, as follows:
Joseph A. Macaluso, Esquire
P.O. Box 83
Orrstown, PA 17244
Date: ~ -tea -~
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acqu me M. Verney, Esquire #23167
44 South Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Defendant
ELAINE M. KILLIAN and : IN THE COURT OF COMMON PLEAS OF
RYAN KILLIAN, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs .
v.
N0.2009-4277 CIVIL ACTION -LAW
JUDI L. BLOSSER, .
Defendant ~ 4 _
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FENDANT
S MOTION FOR SUMMARY JUDGMENT ~ ~' "
PURSUANT TO PA.R.C.P 1035 2(2) `~ ~=•
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AND NOW, comes defendant, Judi L. Blosser, by and through her attorney, °~
Jacqueline M. Verney, Esquire and moves for Summary Judgment against Plaintiffs for
the following reasons.
1. The pleadings, consisting of the complaint, answer and counterclaim, amended
answer and counterclaim, request for admissions and admissions have been closed.
2. Upon review of the complaint and admissions, plaintiffs, who bear the burden
of proof, have failed to produce evidence of facts essential to establishing adverse
possession, which in a jury trial would require the issues to be submitted to a jury.
3. Counsel for the Plaintiffs does not concur in this motion.
WHEREFORE, Defendant moves this Honorable Court enter summary judgment
in favor of defendant and dismiss the complaint for quiet title.
Respectfully submitted,
Jac eline M. Verney, Esquire #23 7
44 S. Hanover Street
Carlisle, PA 17013
(717) 243-9190
Attorney for Defendant
CERTIFICATE OF SERVICE
I, Jacqueline M. Verney, Esquire, hereby certify that I am this day serving the
foregoing Motion for Summary Judgment upon the following individual this day by
depositing same in the United States Mail, First Class, postage prepaid, addressed as
follows:
Joseph A. Macaluso, Esquire
P.O. Box 83
Orrstown, PA 17244
~----~ l~ V1^
Date: Jac eline M. Verney, Esquire
~ 3 ' ~ ~ 44 South Hanover Street
Carlisle, PA 17013
(717)243-9190
Attorney for Defendant
PRAECIPE FOR LISTING CASE FOR ARGUMENT
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY: (List the within matter for the next
Argument Court.) July 7, 2010
CAPTION OF CASE
(entire caption must be stated in full)
ELAINE M. KILLIAN and RYAN KILLIAN C
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VS. ,y
-C ,:~..
JUDI L. BLOSSER .~C_.
No. 4277 200- Ter
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1. State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demur to '~ =-`~~ ~
complaint, etc.): ~.'~
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2. Identify all counsel who will argue cases:
(a) for plaintiffs:
Joseph A. Macaluso, Esquire
P.O. Box 83 Orrstown, PA 17244
(Name and Address)
(b) for defendants:
Jacqueline M. Verney, Esquire
(Name and Address)
44 S. Hanover Street Carlisle, PA 17013
3. I will notify all parties in writing within two days that this case has been listed for
argument.
4. Argument Court Date: July 7, 2010
~gnature
~~U~~
Tint yo r name
Jacqueline M. Verney, Esquire
Date: May 13, 2010
Attorney for ~~Fz~ J~rJz
INSTRUCTIONS:
1.Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR
(not the Prothonotary) before argument.
2. The moving party shall file and serve their brief 12 days prior to argument.
3. The responding party shall file their brief 5 days prior to argument.
4. If argument is continued new briefs must be filed with the COURT
ADMINISTRATOR (not the Prothonotary) after the case is relisted.
ELAINE M. KILLIAN an IN THE COURT OF COMMON PLEAS OF
RYAN KILLIAN, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
CIVIL ACTION -LAW
vs. N0.09-4277 CIVIL
JUDI L. BLOSSER,
Defendant .
BEFORE HESS P.J. AND MASLAND, J.
ORDER
AND NOW, this
the defendant for
,c~' day of July, 2010, following argument thereon, the motion of
judgment is DENIED.
BY THE COURT,
Jose h A. Macaluso, E
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For a Plaintiffs
Jacqueline M. Verney,
For the Defendant
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PRAECEPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
? for JURY trial at the next term of civil court.
® for trial without a jury.
CAPTION OF CASE
(entire caption must be stated in full)
Elaine M. Killian and
Ryan Killian
vs.
Judi L. Blosser
vs.
(Plaintiff)
(Defendant)
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(check one)
x? Civil Action - Law
? Appeal from arbitration
? •
(other)
The trial list will be called on
and
Trials commence on
Pretrials will be held on
(Briefs are due S days before pretrials
No. 2009-04277 Term
indicate the attorney who will try case for the party who files this praecipe:
Joseph A. Macaluso
Indicate trial counsel for other parties if known:
M.
This case is ready for trial.
Print Name:
Date:_ Jtlne 21 , 2Q11 Attorney
$a6.oo P? A11Y
aWajap
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IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY
Elaine M. Killian and
Ryan Killian,
Plaintiffs
V.
Judi L. Blosser,
Defendant
Civil Action - Law
No. 2009-04277
CERTIFICATE OF SERVICE
I hereby certify that on the 21st day of June, 2011, 1 caused to be served a true and
correct copy of the praecipe to list this case for trial upon the following individual by first
class mail postage prepaid:
Jacqueline M. Verney, Esq.
44 S. Hanover St.
Carlisle, PA 17013
I further certify that the statements made herein are true and correct, and I
understand that if any false statements were made herein, the same would be
subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn
falsification to authorities.
Dated: June 22, 2011
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ELAINE M. KILLIAN and : THE COURT OF COMMON PLEAS OF
RYAN KILLIAN, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
V.
JUDI L. BLOSSER, NO. 2009 - 4277 CIVIL TERM
Defendant
ORDER OF COURT
AND NOW, this 5TH day of JULY, 2011, a pretrial
conference in the above captioned matter is SCHEDULED for
4!?y4S?? aU r? ?• U dip, /? " in Courtroom # 3 of
the undersigned judge, Cumberland County Courthouse, Carlisle,
Pennsylvania. Pretrial memorandum shall be submitted by counsel
in accordance with C.C.R.P. 212-4, at least five (5) days prior
to the pretrial conference.
the Cour
Edward E. Guido, J.
V'JOSEPH A. MACALUSO, ESQUIRE
V JACQUELINE M. VERNEY, ESQUIRE
-'COURT ADMINISTRATOR C ?._.
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ELAINE M. KILLIAN and IN THE COURT OF COMMON PLEAS OF
RYAN KILLIAN, CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
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JUDI L. BLOSSER, r
Defendant NO. 2009-4277 CIVIL TERI?s?,
IN RE: PRETRIAL CONFERENCE CD
A pretrial conference was held on Frid,?
August 5, 2011, before the Honorable Edward E. Guido, Judge.
Present for the Plaintiffs was Joseph A. Macaluso, Esquire, and
present for the Defendant was Jacqueline M. Verney, Esquire.
This is a quiet title action with counterclaims.
The parties expect that it will take one full day to try.
Trial is scheduled for Friday, October 21, 2011, commencing
at 9:15 a.m.
Counsel are directed to forthwith check: with
their witnesses as to availability. No request for a
continuance absent exigent circumstances will. be entertained
after August 22, 2011. The parties have agreed that certain
witnesses, other than the parties themselves, may testify by
telephone.
The parties are directed to pre-mark all exhibits
and exchange them with each other by September 6, 2011. Any
objections, other than to relevance, shall be made in the form
of a motion in limine. All motions in limine, with supporting
authority, shall be filed by October 3, 2011. Any responses,
with supporting authority, shall be filed by October 17, 2011.
By the Court,
4=1 W
Edward E. Guido, J.
? Joseph A. Macaluso, Esquire
9614 Rowe Run Loop
Shippensburg, PA 17257
Attorney for Plaintiffs
Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, PA 17013
Attorney for Defendant
Owe
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ELAINE M. KILLIAN and IN THE COURT OF COMMON PLEAS OF
RYAN KILLIAN, CUMBERLAND COUNTY, PENNSYLVANIA -,
Plaintiffs ,
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JUDI L. BLOSSER, NO. 2009 - 4277 CIVIL TERM
Defendant
IN RE: FINDINGS OF FACT
ORDER OF COURT
AND NOW, this 26T" day of OCTOBER, 2011, after hearing, we make the following Partial
Findings of Fact:
1. Plaintiffs' predecessors in interest (parents and grandparents respectively)
moved into their home in December of 1979.
2. They lived continuously in that home until the mother died in 2006. [Father had
previously died.]
3. They installed the water shut-off valve in 1979 or 1980.
4. The shed was built in 1980.
5. The poplar trees were planted in 1986.
6. Defendant moved into her home at the end of 1997.
7. Beginning in the spring of 1997, Defendant began to maintain the yard on her
property, including in the disputed area.
8. From 1979 through 1997, Plaintiffs' predecessors in interest maintained the lawn
in the disputed area.
9. From 1997 forward, Plaintiffs and/or their predecessors as well as the defendant
mowed the grass in the disputed area.
10. From 1997 forward, both parties raked leaves, picked up branches and trimmed
the poplar trees in the disputed area.
11. The Defendant's children often played in the disputed area from 1997 forward.
12. With their mowing of the lawn and maintenance of the trees, both parties, as
well as the predecessors in interest of the Plaintiffs, treated the boundary as
nebulous, as any good neighbors would do.
13. The only proviso to the previous Finding of Fact is that Defendant was aware in
1997 that both the shed and the water shut-off valve encroached on her
property. Wanting to be a good neighbor, she acquiesced in the encroachment.
By the Coors,,,,,`
Edward E. Guido, J
? Joseph A. Macaluso, Esquire
9614 Rowe Run Loop
Shippensburg, Pa. 17257
? Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, Pa. 17013
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ELAINE M. KILLIAN and IN THE COURT OF COMMON PLEA-,$ U,
RYAN KILLIAN, CUMBERLAND COUNTY, PENNSYLNMNIX
Plaintiffs YY'7'
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JUDI L. BLOSSER,
Defendant NO. 2009-4277 CIVIL TERM
ORDER OF COURT
AND NOW, this 21st day of October, 2011, the
Court having made what we believe are sufficient Findings of
Fact for the parties to move forward, they are directed to file
briefs or a Stipulated Order within 21 days of today's date.
By the Court,
Edward E. Guido, J.
Joseph A. Macaluso, Esquire
9614 Rowe Run Loop
Shippensburg, PA 17257 W
Attorney for Plaintiffs nOP1es JY//`
Jacqueline M. Verney, Esquire JO
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44 South Hanover Street
Carlisle, PA 17013
Attorney for Defendant
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IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT
OF PENNSYLVANIA - CUMBERLAND COUNTY
Elaine M. Killian and Civil Action - Law
Ryan Killian, (")
Plaintiffs 3
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V. No. 2009-04277 -0
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Judi L. Blosser, z o ff,
Defendant n ^'
STIPULATED ORDER
AND NOW, this JR!day of November, 2011, the parties, by and through their
undersigned counsel of record, enter into and file this Stipulation in the above-captioned
case and respectfully request that the Court approve same as set forth below.
1. Plaintiffs Elaine M. Killian and Ryan Killian have sufficiently established adverse
possession to the portion of the Disputed Area, as defined in the complaint in this
action, where the plaintiffs' shed and water shut-off are and have been located.
Plaintiffs' surveyor, Glenn D. Watson of Dennis Black Engineering, Incorporated, shall
revise the boundary survey prepared by him, which is attached to the complaint in this
action, so as to show the northwest corner of the Disputed Area as part of plaintiffs'
property as follows: the new boundary in the northwest corner of the Disputed Area
shall be one and one-half feet behind the rear of the shed, i.e. one and one-half feet
east of the rear of the shed and run north to the northern boundary of the Disputed
Area, and one-half feet south of the water shut-off and run east to meet the new line
behind the shed. The revised survey shall be completed within ninety (90) days hereof
and copies shall be furnished to counsel for the parties.
it
2. Plaintiffs shall amend their Statement of Adverse Possession recorded December
4, 2009 in the Office of the Recorder of Deeds in and for Cumberland County, PA,
Instrument No. 200940403, to show only the area described by Mr. Watson as set forth
in Paragraph 1 above, which Amended Statement of Adverse Possession shall be
recorded within thirty (30) days of the receipt by counsel for the parties of the revised
boundary survey. The revised boundary survey shall be attached to and recorded with
the amended Statement of Adverse Possession.
3. Defendant shall remove any portion of her fence at ground level, but not the
concrete footing, that is in the above-described area within ninety (90) days hereof.
4. The remaining portion of the Disputed Area is the property of defendant.
5. Defendant is not entitled to recover rent from plaintiffs for any portion of the
Disputed Area.
6. Defendant is not entitled to recover her attorney fees from plaintiffs.
7. The parties hereby stipulate and agree that the defendant, her successors
and assigns, shall not interfere with the use by plaintiffs, their successors and assigns,
of the area described in Paragraph 1 above.
8. The parties acknowledge and agree that any existing water and sewer lines in the
portion of the Disputed Area owned by defendant which serve plaintiffs' property will
continue to be used and maintained by plaintiffs. Plaintiffs and/or their heirs and assigns
shall give personal notice or certified mail notification before entering upon the land of
defendant or her heirs and assigns, except that in a genuine bona fide emergency the
personal notification may be left conspicuously at the door if there is no one at home.
There shall be no claim by plaintiffs or their heirs and assigns of ownership of such
lands by adverse possession, acquiescence, or any other legal theory by reason of
such use and maintenance of the existing water and sewer lines. Said provision shall
run with the land.
NOW, THEREFORE, the parties, intending to be legally bound and waiving their
right to be present when this Stipulation and Order of Court are presented to the Court,
hereby stipulate and agree that the Court may enter an Order in this action
incorporating the within Stipulation.
IN WITNESS WHEREOF, the parties, intending to be legally bound by the terms and
conditions hereof, by and through their undersigned counsel of record, have entered
into this Stipulation.
Jos ph A. Macalu , Esq.
Su reme Court I.D. No. 38262
Box 83
stown, PA 17244
Attorney for Plaintiffs
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v/ acq ine M. Verney, Esq.
Supreme Court I.D. No. 23167
44 S. Hanover St.
Carlisle, PA 17013
Attorney for Defendant
Dated: Z/ "/ 9 --/1 Dated: t(- I S"-
THE FOREGOING STIIPPUULATION IS HEREBY APPROVED BY THE COURT AND
SO ORDERED this _ Idday of November, 2011.
By z;i__,
CONSENT OF PLAINTIFFS
We, the undersigned plaintiffs in this action, have read and understand and consent to
the foregoing Stipulation.
Elaine M. Killian ; f
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Rya Killian
Dated:
C1
CONSENT OF DEFENDANT
i, the undersigned deft ant in this adion, have read and umh"tand and consent to
the forging Stipulation.
Judi lbn Sloe
Dated: l ( - 19- -/ f
•