The URL can be used to link to this page

Home My WebLink About04-4229DAVID A. KRULAC AND DIANE E. KRULAC, husband and wife, Plaintiffs vs. JEFFREY L. PAXTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION TO QUIET TITLE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the 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 (717) 249-3166 DAVID A, KRULAC A~ND DID-NE E. KRULAC, husband and wife, Plaintiffs vs. JEFFREY L. PAXTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. C -ql&9 : CIVIL ACTION - LAW : : ACTION TO QUIET TITLE COMPLAINT AND NOW, the Plaintiffs, David A. Krulac and Diane E. Krulac, husband and wife, by their attorney, Dale F. Shughart, Jr., Esquire, make the following averments in support of their complaint: 1. Plaintiffs, David A. Krulac and Diane E. Krulac, husband and wife, are adult individuals residing at P. O. Box 1064, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Jeffrey L. Paxton, is an adult individual who resides at 1456 Shughart Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiffs are record title owners of a parcel of land, together with improvements thereon erected, with a mailing address of 22 Appalachian Trail Road, Gardners, Pennsylvania 17324, Cumberland County Tax Parcel #40-37-2545-019, hereinafter "The Premises", by virtue of a Deed from the Tax Claim Bureau of Cumberland County dated December 1, 2003 and recorded in Cumberland County Deed Book 260, Page 2938. A copy of the Deed is attached hereto, incorporated herein, and marked Exhibit "A". 4. The metes and bounds description of the tract is as follows: ALL THAT CERTAIN tract or parcel of land situate in the Township of South Middleton, Cumberland County, Pennsylvania, being more particularly bounded and described as follows: BEGINNING at a point in the center of a public road known as Appalachian Trail Road and at the Southwest corner of land now or formerly of Jefferson L. Ghrist, Sr.; then from said point along said land of Jefferson L. Ghrist, Sr. in an Eastward direction a distance of 232 feet more or less, to a point in the Western line of a private lane; thence in a Southern direction along the Western line of said private lane, a distance of 75 feet to a point in line of land now or formerly of Terry L. Wentle; thence along said land in a Western direction a distance of 232 feet more or less, to a point in the center line of the aforementioned public road; thence along the center line of the said public road in a Northern direction a distance of 75 feet to a point and place of BEGINNING. CONTAINING 75 feet in front along the center line of Appalachian Trail Road and extending Eastwardly therefrom at an even width a distance of 232 feet, more or less, to a 10 foot wide private driveway. TOGETHER with the right of free and interrupted ingress, egress and regress to the tract of land herein described over a strip of land 10 feet wide adjoining the within tract of land on the East and South. 5. By Deed dated May 30, 1985, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book "H", Volume 31, Page 883, Harry Brelsford and Julia Brelsford, his wife, granted and conveyed The Premises unto Jeffrey L. Paxton and Gregory C. Paxton, as joint tenants with right of survivorship. The said Gregory C. Paxton, Social Security Number 196-48-3816, died on January 19, 1988, vesting title in fee simple in Jeffrey L. Paxton. 7. The Defendant, Jeffrey L. Paxton, failed to pay outstanding real estate taxes on The Premises, and the Cumberland County Tax Claim Bureau served all required legal notices upon the Defendant. 8. The Premises were then sold to the Plaintiffs by the Cumberland County Tax Claim Bureau at Tax Upset Sale on September 28, 2003, which Deed is previously attached hereto and referenced as Plaintiffs' Exhibit "A". 9. By virtue of the aforesaid Tax Upset Sale Deed, Plaintiffs are the owners in fee simple, free and clear of all liens and encumbrances except building and use conditions and restrictions and utility easements of record, if any. 10. The Defendant did not file Objections to the Tax Sale or file a Petition To Set Aside the Sale within the prescribed time limits nor has the Defendant challenged the Plaintiffs ownership to the property in any way. 11. The Plaintiffs are in actual physical possession of the Premises and have been in such possession since March 2004. WHEREFORE, Plaintiffs respectfully pray Your Honorable Court to enter judgment in favor of the Plaintiffs, as follows: 1. To order the Defendant to institute an action In Ejectment within thirty (30) days from the entry of such Order pursuant to Pa.R.C.P. 1066(b) (1) or be forever barred from asserting any claim or interest in or to any part of the Premises known as 22 Appalachian Trail Road, Gardners, Pennsylvania 17324 -3- inconsistent herein; and 2. To 9rant such further relief as may be just equitable. with the claims of the Plaintiffs as set forth and Respectfully submi~ Supreme Court I,D. [19/~7~ 35 East High Streefb/, Suite 203 Carlisle, PA 17013 (717) 241-4311 -4- VERIFICATION David A. and Diane E. Krulac, husband and wife, hereby verify that the facts set forth in the foregoing Quiet Title Action are true and correct to the best of their knowledge, information and belief, and understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsifications. DATE: ~O~ERT P. ZIEOLER ,~EOORDEI( OF DEEDS UPSET PRICE SALE .fL)!:F~LA~(D OOUNTY- between the TAX CLAIM BUREAU, of the County of Cumberland, Pennsylvania, as Trustee, D~vid A. Kruhe & 1)hue E. GRANTOR, and ................................................................................................................. . . 519 ~0.00 ~exq, that in cons der~twn of ~ ........................... in hand paid, receipt whereof is hereby acknowledged, the ~id G~ntor does hereb~ ~ant and convey unto the said Grantee, ..~ .... Cumberland County. Pennsylvania, as follows: ~2 Ap~h~n T~J[ R~d * S~ Ap~A~X A for ~[ Jeffrey L & Gregory C. Paxton 22 App~lacbhn Tr~tl Road Gardl~ero, PA I'/2.7.4 thc aa[ne havh]g beell sold by the Tax Claim Bureau to the said grantee, on the ......... ~. ............... day of ....... ,~.R~M,b.~.r. ............................. AnDO Domini two thousand and ........... tJ~..r..~... ................. after due advertisement according to law, the period of redemption for thc payment of tax claims having expired without the property having been redeemed, or any tax judgements heretofore having of the within described property having been entered into, or the within described real estate no longer ~. ~i..,,,~ ~ere~f, s~id cr~.,to~ h~s h~reunto ca.~ed th~ ~eed to be e~e~.ted by ~t~ Director the da)' and year first above written TAX CLAIM BUREAU OF Sealed and Delivered CUMBERI~OUNTY, PENNSYLVANIA, the presence of: { )TRUSTE]~ , of the County of Cumberland, the undersigned officer, personally appeared Director o! the Tax Claim Bureau o~ the County of , _ ,~ [ "~'" , ~~ ~~~co~ ..... ~"' Appendix ~A~ Tax Pamel No 40-37~2545-019 Legsl Ds~cription ALL TI-IA? CRR?Ah~ tract or parcel of land situate in the Township South Middlewn, Cumberland County, Pennsylvania, being more particularly bounded and described as follows: B~I~I~ING at a point in the center of a public road known as Appalachian Trai/ Road and at the Southwest corner of land now or formerly of Jefferson L. Ghrist, Sr.; thence from said point along said land of Jefferson L. Ohs/st, Sr. in an Eastward direction a d/stance of 232 feet more or less, to a point in the Western line of a private lane; thence in a Southern direction aion8 the Western line of said private lane, a distance of 75 feet to a point in line of land now or formerly of Terry L. Wentle; thence alon~ said land in a Western direction a d/stance of 232 feet more or less, to a point in the center line of the aforementioned public road; thence aion8 the center line of said public road in a Northern direction a distance of 75 feet to a point and place of BEG/NNING. COI~TAII~INO 75 feet in front along the center line of Appalachian Trtdl Road and extendin~ Eastwardly therefrom at an even width a distmlce of 232 feet, more or less, to a 10 foot wide private driveway. TO~E~HER with the rlsht of free and uninterrupted insress, e~ress and regress to the tract of land herein described over a strip of land 10 feet wide adjoining the within described tract of land on the East and ~outh. BEING the same property which Harry E. Brelsford and Jul/a Brelsford, husband and wife, by their deed dated May 30, 1985 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 31, Volume H, Pa~e 883, ~ranted and conveyed unto Jeffrey L. Paxton and Gregory C. Paxton. ocrland County PA Recorder of Deeds 260 A CORR~PONDENT - All inquiries may ~ dimmed to the ~llowinR pt.on: Me~issa F. Mixell One Courthouse Square TRANSFER DATA '~'~0 ~r o C Paxton 429 Potato Road Carlisle, PA 17013 PROPERTY LOCATION 22 Aprmlach)an '/*rail Road Cumberland County VALUATION DATA c:~,~.~w,?e,°°°'°° $37,51o.oo EXI~PTION DATA ~ c~. 717 O~, CaSsia PA s~,. 17013 Zip Cede ~'~{'14~""(~Oavid A, & Diane E. Krulac $,~ A~,.~ PO BOX 1064 Mechanicsburg, PA 17055 ;. Clmck App~t~riate Box I~ew ~ E~mmpt~n Claimed ~ T~ ~ a t~. ~ ~1~ ~py d ~mt ~g~m ~n9 all b~ades.) ~ Tm~ m t~ ~on~o{~, ~e Unlmd 5m~ nnd I~me~]~ by g~, d~imffon, ~l~ or in {i~ ~ c~d~afion, '~ Tra~r ~m m~gor m a ~{~e ~ a ~ge in d~u~. ~ ~Qk Numar , , Pu~ Number ~ ~ ~PJ~e ~Ja)n ~p~on dal~, ~f ~ than ~ above.) and ~lid, ~] ~ ~,~ FAtLU~~HJ~ ~M PROPERLY OE A~ACH APPLICABLE DOCUMENTATION M~Y RESULT I~ TH 260 SHERIFF' S RETURN - REGULAR CASE NO: 2004-04229 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KRULAC DAVID A ET AL VS PAXTON JEFFREY L RONALD HOOVER , Cumberland County,Pennsylvania, says, the within COMPLAINT & NOTICE PAXTON JEFFREY L DEFENDANT , at 1936:00 HOURS, at 1546 SHUGHART ROAD CARLISLE, PA 17013 JEFFREY L PAXTON a true and attested copy of COMPLAINT & NOTICE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 21st day of SeDtember, __ together with by handing to 2004 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.10 Affidavit .00 Surcharge 10.00 .00 39.10 Sworn and Subscribed to before me this ~--- day of ~.~ ~-~' A.D. thonotary So Answers: R. Thomas Kline 09/23/2004 DALE SHUGHART JR Deputy Sheriff DAVID A. KRULAC AND DIANE E. KRULAC, husband and wife, Plaintiffs VS. JEFFREY L. PAXTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-4229 CIVIL TERM : : CIVIL ACTION - LAW : : ACTION TO QUIET TITLE PRAECIPE Dear Sir: Please mark the above action settled and discontinued. Plaintiffs have recorded the Quit-Claim Deed from Jeffrey L. Paxton to themselves. TO: CURTIS R. LONG, PROTHONOTARY Novemberj~, 2004 ~~ale F~S~~,~t., Jr. Attorney I D 19373 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 Attorney for Plaintiffs