HomeMy WebLinkAbout09-7034rv
STEVEN L. DREXLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
T- V s . : NO. 6 "rn
JEFFREY A. BRANDT, IN PARTITION
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 a written appearance
personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth
against you. You are warned that if you fail to do so the
case may proceed without you and a judgment may be entered
against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief
requested by the plaintiff. You may lose money or property
or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HAVE A LAWYER, 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 17013
Telephone: (717) 249-3166
STEVEN L. DREXLER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
Vs. NO. 0 R - q 0 3,f ?'u,?-1 ?r ?,r?._.
JEFFREY A. BRANDT, IN PARTITION
Defendant
CO®1PLh=
AND NOW, comes the Plaintiff, Steven L. Drexler, by
his attorney, Dale F. Shughart, Jr., Esquire, and avers in
support of his Complaint against the Defendant as follows:
1. The Plaintiff, Steven L. Drexler, is an adult
individual who resides at 30 Drexler Lane, Newville, PA
17241 and is the owner, as tenant in common, of a 50%
ownership interest in the hereinafter described real
property (hereinafter "the premises").
2. The Defendant, Jeffrey A. Brandt, is an adult
individual who resides in a cabin off of Mountain Road in
Upper Mifflin Township, Cumberland County, Pennsylvania,
and who receives his mail in care of Jean Brandt at 850
Mountain Road, Newville, PA 17241, and is the owner, as
1
tenant in common, of a 500 ownership interest in the
premises.
3. The Plaintiff and Defendant are the owners, as
tenants in common, of the fractional ownership interest set
forth above, in all of a certain tract of land situate in
Upper Mifflin Township, Cumberland County, Pennsylvania,
being bounded and described as set forth in Exhibit "A",
attached hereto and made a part hereof by reference.
4. The premises is a tract of land containing
approximately 155 acres, 12 perches, which Plaintiff and
Defendant acquired by deed of their Grandmother, Amy K.
Brandt, dated July 26, 1993, and recorded in Cumberland
County Deed Book "L", Vol. 36, Page 344.
5. The Plaintiff and Defendant are further the owners
of a 25 foot right-of-way to the premises by virtue of a
written Right-of-Way Agreement with Amy K. Brandt dated
March 6, 1995 and recorded in the Office of the Recorder of
Deeds in and for Cumberland County in Miscellaneous Book
492, Page 1143.
6. The Defendant has not paid his 50% share of
county, township and school district real estate taxes on
the premises for a period of four (4) years. The
Defendant's share of the real estate taxes paid by the
2
Plaintiff to date is the sum of $6,613.59, which sum the
Defendant owes to the Plaintiff.
7. For a period of time during 2005 and 2008 the
parties were jointly obligated for payment of electric
bills for the premises. The Defendant did not pay his one-
half share of the electric bills. Plaintiff paid the sum
of $585.05 in electric bills on behalf of the Defendant.
The Defendant is obligated to the Plaintiff in the sum of
$585.05 for electric bills.
8. Plaintiff and Defendant collectively own 1000 of
the premises, in fee simple, as tenants in common with each
other.
9. There are no liens or encumbrances appearing of
record, and no other person other than Plaintiff and
Defendant are interested in the premises as owner or
otherwise.
10. Given the fact that the premises obtains access to
a public road solely by virtue of a 25 foot right-of-way,
the premises is not capable of being further subdivided,
and therefore the premises cannot be divided into purparts
without prejudice or spoliation of the whole.
WHEREFORE, Plaintiff prays Your Honorable Court to
enter judgment in favor of the Plaintiff and against the
Defendant for the partition of the real property herein
3
described, according to the respective rights of the
parties aforesaid, and further pray that upon entry of
judgment the Court schedule a preliminary conference of the
parties and their counsel in accordance with Pa.R.C.P.
1558(a) (1)-(4).
Respectfully submitted,
Dale F. Shug ar., Esquire
Attorney I.D. 19 7
10 West High Str
Carlisle, PA 1701
(717) 241-4311
4
VERIFICATION
Steven L. Drexler hereby verifies that the facts set
forth in the foregoing Complaint are true and correct to the
best of his knowledge, information and belief, and
understands that false statements herein are made subject to
the penalties of 18 Pa. C.S. §4904 relating to unsworn
falsifications.
V?
Steven L. Drexler
DATE: October /5 2009
5
4
l-A
ROBERT P. ZIEGLER -,.
RECORDER OF DEEDS
CUMBERLAND COUNTY-PA
T H I s I N D E .N T U R93 flUG : `1 Aid I15`i
Made the .? day of 1993,
B E T W E E N
n
AMY K. BRANDT, of R. D. #2, Box 189, Newville, Pennsylvania
a n d
JEFFREY A. BRANDT and STEVEN L. DREXLER, of R. D. #2, Box 189A,
Newville, Pennsylvania 17241, as tenants in common, -'GRANTEES'-.
WITNESSETH, that the GRANTOR, for and in consideration of tpe
sum of One Dollar ($1.00), lawful money of the United. States. of
America, unto them well and truly paid at and before the sealing
and delivery hereof, the receipt whereof is hereby acknowledged,
have granted, bargained, sold, aliened, enfeoffed, released,
conveyed and confirmed, and by these presents do grant, bargain and
sell unto the said GRANTEES, their heirs and assigns, each to an
undivided 1/2 interest as tenants in common.
ALL THOSE TWO CERTAIN tracts of land situate in Upper Mifflin
Township, Cumberland County, Pennsylvania, more particularly
bounded And described as follows:
TRACT NO, 1: BEGINNING in the Whiskey Run Road near Mt.
Hope School House; thence by said Road, South forty-five
(45) degrees East to a stone; thence by lands now or
formerly of Frank Brandt, South fifty-eight.(58) degrees
thirty (30) minutes West, twenty (20) perches to a post;
thence by lands now or formerly of Frank Brandt, Howard
Brandt, and Charles Miller, North forty-six (46) degrees
fifteen (15) minutes West, fifty-eight and eight tenths
(58.8) perches to a post; thence by land now or formerly
of Charles Miller South fifty-two (52) degrees West,
forty-three and six tenths (43.6) perches to a stone;
thence by the same North thirty (30) degrees West,
twenty-two and eight tenths (22.8) perches to a Public
Road; thence by the said Road, eastwardly, to the place
of BEGINNING. Containing about seventeen (17) acres, be
the same more or less.
60CK L36 PACE 344
TRACT NO, 2: BEGINNING at a white oak stump at Cross
Roads adjoining lands now or formerly of Samuel Hoch;
thence by a road, North thirty-three (33) degrees West,
forty-five and five tenths (45.5) perches to a stone;
thence by said Hoch lands, South sixty (60) degrees West,
forty-six (46) perches to a white oak; thence North
thirty-three and one-half (33-1/2) degrees West, one
hundred thirty and five tenths (130.5) perches to a
hickory and stones; thence North forty-eight and one-
half (48-1/2) degrees West, eighty-two (82) perches to
a post; thence by mountain land now or formerly of Henry
Killian, North forty-six and one-fourth (46-1/4) degrees
East, sixty-five (65) perches to a ; thence
by same, North forty-seven and one-fourth (47-1/4)
degrees East, sixty-four and five tenths (64.5) perches
to stones; thence South thirty-six and one-fourth (36-
1/4) degrees East, three and five tenths (3.5) perches
to a maple; thence South forty-six (46) degrees East,
fifty-three (53) perches to a post in a stump; thence
South forty-eight and one-half (48-1/2) degrees West,
nine and eight tenths (9.8) perches to a post; thence
South fifty-two (52) degrees East, thirty-nine and one
tenth (39.1) perches to locust stump; thence South
thirty-five (35) degrees East, seventy-three and twenty-
five hundredths (73.25) perches to stones near a walnut
stump (this preceding course and distance was mistakenly
omitted from several previous deeds); thence South five
(05) degrees East, thirty-five and six tenths (35.6)
perches to stones and post; thence South eight and one-
fourth (8-1/4) degrees East, forty-seven and three tenths
(47.3) perches to stones and post; thence South sixty-
nine (69) degrees West, thirty and five tenths (30.5)
perches to a road; thence by same, South thirty-three
(33) degrees East, forty-five and five tenths (45.5)
perches to stones at Cross Roads; thence South sixty and
one-half (60-1/2) degrees West, one and five tenth (1.5)
perches across road to a white oak stump at place of
BEGINNING. CONTAINING one hundred fifty-five (155) acres
and one hundred twenty (120) perches, more or less.
BEING the same tracts of land conveyed by John A.
Brandt and Shirley B.. Drexler, Administrators of the
Estate of Robert F. Brandt, by their deed dated
'3?-,A v , 1993, and recorded in the office
of the Recorder of Deeds p; Cumberland County,
% Pennsylvania, in Deed Book Vol. Page 33$
conveyed to Amy K. Brandt, the grantor herein.
WR L3G MCE 345
QiZ
01 .
UNDER AND SUBJECT TO possible rights of way for ingress and
egress to 'premises situated to the North and East of the within
conveyed tract. Together with the improvements erected and
constructed thereon.
This conveyance is between grandmother and grandchildren and
therefore is exempt from Realty Transfer Tax and the obligation to
file a Statement of Value.
TOGETHER with all and singular, the said property,
improvements, ways, waters, water courses, rights, liberties,
privileges, hereditaments and appurtenances whatsoever thereunto
belonging, or in anywise appertaining, and the reversions, and
remainders, rents, issues and profits thereof, and all the estate,
right, title, interest, property, claim and demand whatsoever, of
the said GRANTOR, in law, equity or otherwise howsoever, of, in and
to the same and every part thereof.
To HAVE AND TO HOLD the said hereditament and premises hereby
granted or mentioned, and intended so to be, with the
appurtenances, unto the said GRANTEES, their heirs and assigns, to
and for the only proper use and behoof of the said GRANTEES, their
heirs and assigns forever.
AND, the said GRANTOR, for her heirs, executors and
administrators, does by these presents covenant, grant and agree
to and with the said GRANTEES, their heirs and assigns, that the
said GRANTOR, and her heirs, all and singular the hereditament and
premises herein above described and granted or mentioned, and
intended so to be, with the appurtenances, unto the said GRANTEES,
their heirs and assigns, against the said GRANTOR', her heirs, and
againpt.all and every other person or persons whomsoever lawfully
claiming, or to claim the same or any part thereof generally shall
and will warrant and forever defend.
IN WITNESS WHEREOF, the said GRANTOR has to these presents
set her hand and seal dated the day and year first above written.
WITNESS:
w-1
- ": t4--A r
cz j -Y?iLF+ -(SEAL)
Any Brandt
BOOKl--36 PAGE 346
n-?
N
COMMONWEALTH OF PENNSYLVANIA .
ss.
COUNTY OF CUMBERLAND
on this, the ZG day of '1 , 1993, before
me, the undersigned officer, personally appeared Amy K. Brandt,
known to me (or satisfactorily proven) to be the person whose name
is subscribed to the within instrument, and acknowledged that she
executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and offici
/I ...a
HAMILTON C. DAAV s, Nootiuy PL6k 'Notary /Public. Nalh Nwrbn Two., Cu6bsrW4 Co., PA
Gly Corturisshn E?dno £s?wnbsr 22,1996 AL .. t.,
I do hereby certify that the precise residence and compiete ..
post office address of the within named GRANTEES is c/o Jeffrey A:.
Brandt, R.D. J2, Box 191A, Newville, PA 17241.
1993
:2"- ?:-
' Attorney for c53
FILE?
THE
2009 OCT 15 Aii I I:? b
177
?? ?3aa7o
Sheriff s Office of Cumberland County
R Thomas Kline ~jl '_- ~;-; ~;`
Sheriff ?f ?';"; ~~~
~ . ~ bt ~~ui~Gr,r
Ronny R Anderson ~° ~ r~6 _
Chief Deputy 2G~~i ~!~. 1 ;~! ~'i I =; ° .~ ;
Jody S Smith
r„
Civil Process Sergeant %F ~ ~' ~ = . ~,'=~ '~"'' ` - ~`~
_ ~'
Edward L Schorpp
Solicitor
Steven L. Drexler
vs.
Jeffrey A. Brandt
Case Number
2009-7034
SHERIFF'S RETURN OF SERVICE
10/19/2009 04:39 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 19,
2009 at 1639 hours, he served a true copy of the within Complaint and Notice, upon the within named
defendant, to wit: Jeffrey A. Brandt, by making known unto himself personally, at The Jeffrey A. Brandt
Cabin off of Mountain Road Newville, Cumberland County, Pennsylvania 17241 its contents and at the
same time handing to him personally the said true and correct copy of the same.
SHERIFF COST: $39.24 SO ANSWERS,
October 20, 2009 R THOMAS KLINE, SHERIFF
Deputy eriff
.... ( r
STEVEN L. DREXLER,
Plaintiff
Vs.
JEFFREY A. BRANDY,
Defendant
C-, .. '
._ `_~~
JAN ~ % ZU1Urs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
N0. ~ l - 7a3 y ~Iv~L~~
IN PARTITION
ORDER OF COURT DIRECTING A PARTITION
AND SCHEDULING A PRELIMINARY CONFEREr1CE
AND NOW, this ~ day of 2010,
upon default by the Defendant, it is ordered, adjudged, and
decreed, that partition be made of the unimproved real
estate situate in Upper Mifflin Township, Cumberland
County, Pennsylvania, known as Cumberland County Tax Parcel
No. 44-05-0409-009 and located off of Mountain Road, Upper
Mifflin Township, Cumberland County, Pennsylvania recorded
in Cumberland County Deed Book "L", Vol. 36, Page 344, on
July 26, 1993, containing 155 acres, 12 perches, more or
less, as specifically described in Plaintiff's Complaint,
between the parties therein named, as tenants in common, as
follows:
1. To Steven L. Drexler, a 50% ownership interest;
and
2. To Jeffrey A. Brandt, a 500 ownership interest.
Pursuant to Pa.R.C.P. 1558 a preliminary conference is
scheduled to be held in Courtroom No. ~ Cumberland
County Courthouse, Carlisle, Pennsylvania, at 3' ~o Q•~
o'clock _.m., prevailing time, on the
~" .•-
~~ day of 2010, to consider:
1. Whether the parties can agree upon a Plan of
Partition or Sale;
2. Simplification of the issues;
3. Whether any issues or matters relating to the
carrying out of the Order of Partition will be
referred to a Master; and
4. Such other matters as may aid in the disposition
of the action.
B e ou ,
J.
CC:
e F. Shughart, Jr., Es uire at
4 torney for Plaintiff
Jeffrey A. Brandt, Defendant
t ~S YYL~ l
~ a.811f~
~~
t~F THE Pi~~"~!~~aTR~Y
2010fE8--5 AMll~ 3!
R~UN51'~V/'-,NiA
STEVEN L. DREXLER, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Vs. N0. 09-7034
JEFFREY A. BRANDY, IN PARTITION
Defendant
ORDER OF COURT RESCHEDULILNG
PRELT*~T*T~*~Y CONFF~RENCE
AND NOW, this ~~ day of February, 2010, on request
of Dale F. Shughart, Jr., Esquire, attorney for the
Plaintiff, due to his unavailability, the Preliminary
Conference pursuant to Pa.R.C.P. 1558 previously scheduled
for 3:00 p.m. on Wednesday, February 28, 2010, be and is
hereby postponed.
Pursuant to Pa.R.C.P. 1558 a Preliminary. Conference is
rescheduled to be held in Courtroom No. 3, Cumberland
County Courthouse, Carlisle, PA, at 1,Va o'clock, ~ .JM_.,
! ~Tv`
prevailing time, on _ ~_~M the
day of ~~`~ 2010, to consider:
1. Whether the parties can agree upon a Plan of
Partition or Sale;
2. Simplification of the issues;
3. Whether any issues or matters relating to the
carrying out of the Order of Partition will be
referred to a Master; and
4. Such other matters as may aid in the disposition
of the action.
By th~~=°~o
J.
CC:
~/ D le F. Shughart, Jr., Esquire, attorney for Plaintiff
~ffrey A. Brandt, Defendant
6 ~S m,~.1, l~-C~.~
~/s j cv
~~
+ ~ ~ ~ ~1 ~ 20~~
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STEVEN L. DREXLER IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. No. 09-7034 CIVIL TERM
JEFFREY A. BRANDT,
Defendant IN PARTITION
ORDER OF COURT
AND NOW, this ~ day of March, 2010, upon consideration of Kenneth Whisler's
Motion to Continue the Preliminary Conference scheduled for March 12, 2010 at 11:00 a.m., it is
hereby ORDERED and DECREED that said Conference is continued generally. This matter shall
be rescheduled upon Petition of either party.
BY THE COURT,
s;~
-E: -6lrido, Judge
Distribution•
aso P. Kutulakis, Esquire, Attorney for Kenneth Whisler
ale Shughart, Esquire, Attorney for Plaintiff, Steven Drexler
~ffrey Brandt,
V
3
~l ~ ~~J'Y~F !G~
~ ~~~ ~z~
aoro /~~ l~ ~ ~~;
~R
~~n,
of CUB
David D. Bud( e P Renee IC Simpson
Prothonotary ��, 1S` Deputy Prothonotary
S.
Sofionage, Q '`�\ T"�
dirk o , ES � Irene E. Morrow
Solicitor 7750 2'r Deputy Prothonotary
Office of the Prothonotary
Cumberland County, Pennsylvania
69 — 7O31/ CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH
PA R.C.P.230.2.
BY THE COURT,
DAVID D. BUELL
PROTHONOTARY
One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Fad(717)240-6573