HomeMy WebLinkAbout12-4225
210112 JUL -6 PM ?: 04
IN THE COURT OF COMMON PLEAS CUMBERLAND cot INT'Y
OF CUMBERLAND COUNTY, PENNSYLVANIA PENNSYUVAN?
VIGILANT HOSE COMPANY, : CIVIL ACTION - LAW
QUIET TITLE
Plantiff
Vs.
THE BOROUGH OF SHIPPENSBURG,
CASE No: 1.2,.C f?Q,5-
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
served, by entering a written appearance personally or by attorney and filing in writing with tl
court your defenses or objections to the claims set forth against you. You are warned that if y
fail to do so the case may proceed without you and a judgment may be entered against you by
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 LAWYE:
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, Pennsylvania
(717) 249-3166
erc? goy,'
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
VIGILANT HOSE COMPANY, CIVIL ACTION - LAW
QUIET TITLE
Planti ff
vs.
THE BOROUGH OF SHIPPENSBURG,
CASE No:
Defendant :
ACTION TO QUIET TITLE
AND now comes the Plaintiff, Vigilant Hose Company, a Pennsylvania non-profit
corporation, by and through its attorney, Thomas P. Gleason, and states the following cause of
action and in support thereof, avers as follows:
1.
Plaintiff is Vigilant Hose Company, a Pennsylvania non-profit corporation, with princip?l
place of business at 20 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania]
17257.
2.
Defendant is the Borough of Shippensburg, a Municipal Corporation of the
Commonwealth of Pennsylvania, having its principal offices located at 111 North Fayette Street,
Shippensburg, PA 17257.
3.
Plaintiff, Vigilant Hose Company, is the owner of a piece of real estate with a mailing
address of 129 East King Street, Shippensburg, Pennsylvania, by virtue of a quit claim deed
dated February 9, 1995 as recorded in the Office of the Recorder of Deeds in Cumberland
County, Pennsylvania in Deed Book 119 at page 238, a copy of which is attached hereto as
Exhibit A. The legal description of said property is:
All that certain tract or parcel of land situate on the Northwest corner of East King
Street and North Prince Street, in the Borough of Shippensburg, Cumberland
County, Pennsylvania, known as 129 East King Street, more fully bounded and
described as follows:
BEGINNING at a set p.k. nail at corner of lands now or formerly of Trustees of
the Church of God of Shippensburg; thence by said lands, North 19 degrees 32
minutes 59 seconds West, 81.12 feet to a point; thence by otherlands of the
Borough of Shippensburg, North 70 degrees 30 minutes 8 seconds East, 40.10
feet; thence by the same the following bearings and distances:
South 19 degrees 29 minutes 52 seconds East, 6.88 feet;
North 70 degrees 08 minutes 29 seconds East, 54.64 feet;
South 20 degrees 11 minutes 03 seconds East, 12.13 feet;
North 70 degrees 54 minutes 03 seconds East, 31.86 feet
To a point at the sidewalk on North Prince Street; thence by said sidewalk South
19 degrees 05 minutes 57 seconds East 61.48 feet to a point; thence by East King
Street, South 70 degrees 09 minutes 30 seconds West, 126.26 feet to a p.k. nail,
the place of BEGINNING. Containing 9, 251 square feet.
4.
The Grantor in the deed to Plaintiff was The Borough of Shippensburg.
5.
After an exhaustive title search in the Office of the Cumberland County Recorder of
Deeds, the Pennsylvania Bureau of Archives and History, and the Shippensburg Historical
Society, no deed was discovered conveying title of said property to the Borough of
Shippensburg.
6.
The Borough of Shippensburg"s interest in and control over said property is well
documented by historical evidence dating back to at least the year of 1831. In meeting minu
from the Borough of Shippensburg dated July 4, 1831 through September 5, 1831, the Borou
officers discussed the details of a Town Council and Engine House to be constructed at the
location now known as 129 East King Street, Shippensburg, the subject of this Agreement to
Quiet Title.
7.
The Town Council and Engine House was built on said site in late 1831 into early 183
where it became know as the Council House and it was the center of affairs for the Borough of
Shippensburg.
8.
The Atlas of Cumberland County, a compilation of surveys completed by Henry F. Bridgens i
1858, shows said property being under Borough control as a Borough Lock-up, Public
Graveyard, and Market House.
9.
The Sanborn Insurance map of the Borough of Shippensburg from August, 1910 reflect
129 East King Street as being controlled by the Borough as the Town Hall, Fire Department and
Jail.
10.
Records from the Shippensburg Historical Society evidence that between 1927 and 1928, the
Council House was torn down and replaced by the Borough with a new two story brick building
known as the Municipal Building which still stands on the property today.
11.
The Sanborn Insurance map of the Borough of Shippensburg from January, 1929 reflec?s
129 East King Street as being controlled by the Borough as the Municipal Building.
12.
The Borough remained in control of 129 East King Street until February 9, 1995, when jit
conveyed the property via Quitclaim Deed to the Vigilant Hose Company (See Exhibit A).
13.
Due to a missing, lost or unrecorded deed, the chain of title to the Borough of
Shippensburg and thus to Vigilant Hose Company cannot be clearly established.
14.
While title has clearly vested in The Borough of Shippensburg and now in the Plaintiff
for a period of not less than one hundred eighty (180) years of use and control, the lack of a
documented transfer has created a cloud on title.
15.
The Borough of Shippensburg was in sole, exclusive, open, and notorious possession of
the real property that is the subject of this action from at least 1831 until February 9, 1995.
Vigilant Hose Company has been in sole, exclusive, open, and notorious possession of the
property from February 9, 1995 to present.
16.
The Plaintiffs are currently in possession of the property.
17.
The Plaintiff and Defendant agree to the facts set forth in this pleading and further agree
to proceed under Pa.R.C.P. 1063(2) to amicably quiet and clear the title to said property.
WHEREFORE, Plaintiff has been damaged by the cloud on the title of its property
making it difficult, if not impossible, to convey with title insurance. Plaintiff respectfully
requests, based upon the title to the property as set forth and the possession of the interests
therein by the prior Grantor and the Plaintiff for a period in excess of one hundred eighty (180)
years, the Court enter an order declaring all right, title and interest in the Plaintiff.
Respectfully submitted,
JA t--
Thomas P. Gleason, Esquire
Attorney for Plaintiff
49 West Orange Street, Suite 3
Shippensburg, PA 17257
(717)-532-3270
PA Attorney ID No. 82259
Dated: 2c?t 2
EXHIBIT "A"
0? P" ftz ftnd L& EL 31UMMO
QUffCLMN DEED
THIS INDENTURE MADE THE 9L' day' of FEBRUARY, in the year of our Lord one thousand
nine hundred and nhiaty-five 11995).
BETWEEN THE BOROUGH of SHIPPENSBURG, a Municilud Corporation of the Commonwealth of
Pennsylvania, having its principal offices at 60 West Burd Street, Shippensburg,
Pennsylvania, party of the first part,
AND VIGILANT HOSE COMPANY, NO. 51, a non-profit corporation organized and existing
under the laws of the Commonwealth of Pennsylvania, having its principal place of
business at 129 East King Street, Shippensburg, Pennsylvania, party of the second part,
WITNESSETH that the party of the first pert, for and in consideration of the sum of ONE DOLLAR,
Iif.001, lawful money of the United States of America, to them wall and truly paid by the said party
of the second part, at and before the sealing and delivery of these presents, receipt whereof is hereby
acknowledged, have remised, released and quit-claimed, and by these presents, do remise, release and
quitclaim unto the said party of the second part, and to its heirs and assigns forever.
ALL that certain tract or parcel of land situate on the Northwest corner of East King Street and North
Prince Street, in the Borough of Shippensburg, Cumberland County, Pennsylvania, known as 129 East
King Street, more fully bounded and described es fo0ows:
BEGINNING at a set p.k. nail at comer of lands now or formerly of Trustees of the Church of
God of Shippensburg; thence by saki lands, North 19 degrees 32 minutes 59 seconds West,
81.12 feet to a point; thence by other lands of the Borough of Shippenshurg, North 70 degrees
30 minutes 8 seconds East, 40.10 feet; thence by the some the following bearings and
distances:
South 19 degrees 29 minutes 52 seconds East, 6.88 feet;
North 70 degrees 08 minutes 29 seconds. East, 54.64 feet;
South 20 degrees 11 minutes 03 seconds East, 12.13 feet;
North 70 degrees 54 minutes 03 seconds East, 31.86 feet
to a point at the sidewalk on North Prince Street; thence by said sidewalk South 19 degrees
05 minutes 57 seconds East, 81.48 feet to a point; thence by East King Street, South 70
degrees 09 minutes 30 seconds West, 126.26 feet to a p.k. nail, the place of BEGINNING.
CONTAINING 9,251 square feet.
!BOOK 10 PACE 238
This Quitclaim Deed is given by the Grantor for the purpose of extinguishing all its right, title and
interest in and to the within described premises in the Borough of Shippensburg, Cumberland County,
Pennsylvania. No deed to said property exists; however, it is shown in 19th century atlases as the site
of the "town hall and lock-up."
TOGETHER with all and singular, the tenements, hereditwnents and appurtenances thereunto belonging,
or in any wise appertaining, and the reversions, remainders, rents, issues and profits thereof: AND also,
all the estate, right, title, interest, property, claim and demand whatsoever, as well in law as in equity,
of the said party of the first part, of, ir, or to the above described premises, and every part and parcel
thereof, with the appurtenances.
TO HAVE AND TO HOLD all and singular the above-mentioned and described premises, together with
the appurtenances, unto the said party of the second part, its heirs and assigns forever.
IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal
the day and year first above written.
ATTEST: BOROUGH of SHIPPENSBURG
"z . ?.?.6l ISEAJ
Secretary President v,
ACKNOWLEDGEMENT =1
COMMONWEALTH OF PENNSYLVANIA ? , `
SS w ; .
COUNTY OF 4imec Li..d,,,? o _
On this 91k4 day of FEBRUARY, 1995, before me, a Notary Public, the undersigned officer,
personally appeared BRUCE W. HOCKERSMITH, who acknowledged himself to be the President of the
Borough Council of the BOROUGH of SHIPPENSBURG, and that he as such officer, being authorized to
do so, executed the foregoing instrument for the purposes therein contained by signing the name of the
corporation, by himself as President.
???•"';E my hand and official seal, the day and year aforesaid.
' A.
4 0
NotaPublic
OLVX 119 PACE 239 5idiii
I certify that the precise residence and Post Office Address of the Grantee is:
129 East King Street
Shippensburg, PA 17257
Attorney for GRANTEE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND SS
RECORDED in the Office of the Recording of Deeds, etc., in and for said County, in Deed Book
__, Paged.
WITNESSETH my Hand Official Seal this day of _ . 1995.
Recorder of Deeds
119 PACE 240
Atv... is w-,n RECORDER'S USE ONEy
, ..
REALTY TRANSFER TAX
.OAU.DNw[Attit OF FTNNSMANIA STATEMENT OF VALUE 49
OIPANUART OF NIVFNU[ ee.
GU RIAU OF IN WIDUAI TAXES u
ofrT. 2eD.D2
IIASRISW00. FA 17 128.0603 S•e Reverse for Instructions a qa
Compbn each section and file in duplicate with Recorder aI Deeds when (1) the Full relodcoeslderation Is nw set Ford) In the dead. (2) when the der
IF wgh.w cemiderallon, or by gift, at f9) D tax exemption Is claimed. A Ssalement of Volvo Is not required R the transfer is wholly exempt item to
based ea: (1) family relation FAip or public sr My easement. IF more space Is needed, .1" additional shawls).
Robert H. Van Gcyoc Area Cede i 7 17 1 53 2- 3322
Street City tae
Shi ensbur PA 17257
911 to • Asnpts,aa D.cum.ns
rxonror(FIA.xer(.) OrenN. mar.
BOROUGH of SHIPPENSBURG VIGILANT HOSE COMPANY NO 51
tr..$ Ad„.ss - .
o«t Add,...
60 Hest Burd Street 129 East King Street
_
l,y ly IoN 1p e o
SIt i rLq ensIt ur PA 17257 Shi ensbur PA 17257
PROPERTY "CL ? • •
SkW Ad&,,,
Ory, Township, Raegh
129 East King Street Borough of Shi ensbur
Ce-niy .- 3cT.e u.tde 1
or<• r
Cumberland Sbippensburg Ares- 1
;3-34-2415-080
DVALUATI • DATA
t. Aatuol Cmh Condd.rett.n 2. Oder C-,W..oe• 7. faml consWararbn
7 C...-y Au.a.d Volvo - ammo. w. Ratio factor Fair a V.
-0 X a
r
EXEMPTiON
DATA'
,
Ia. Amount el Eump.ien Cletm.d Ib. P.rrantege of
Mtornl Cawged
100% loot
2. Check Appropriate Box Blew for Exemption Claimed
? WW- intadal.......sits.
New. arse .rl n.N
? Transfer to Industrial Development Agency.
? Tra.d.r to a aced. (Aaoch complete copy of trust agre•menl iderntgying aR bendici.A...)
? Transfer between principal and agent. (Anads complete copy of agency/drow party agreement.)
? Trom(.rs to the Commenwearth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation.
III condemnation or in lieu of condemnation, attach copy of resolvtfon.)
? Transfer from mortgagor to a holder of o mortgage In defowt. Mortgage Book Number . , Page Number
? Corrective or confirmatory dead. (Attach complete copy of the prior dead being corrected or confirmed.)
G? Ssatufory corporate consolidation, merger or division. (Attach copy of articles.)
a.d Other (Please explain exemption claimed, if other than listed also".) transfer to exempt fire
department for use as a firehouse. No ca?t.cfq?aaktcgv e.c.ee P?.
u °r evlsy?sc+. F Ilo2-C.3 ILI"
Undm pena[ties of law, I declare That I have examined this Statem.nq Including accompanying Information, end le the best of my knewfedi
and helfef, It Is true, conics and ...Disk.
Treasurer I 3-1-95
FAILURE TO COMPLETE THIS FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSE
TO RECORD THE DEED,
wK 119 mr 241
a>:
VERIFICATION
I verify that the statements made in this agreement are true and correct.
I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Date: c a ! 12 / Q6
John . Byers Jr., President
VIGILANT HOSE COMPANY
VERIFICATION
I verify that the statements made in this agreement are true and correct.
I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities.
Dater 2oi c
tQ 7
Andrea Lage /
President of Shippensburg Borough Council
pol cow,
IN THE COURT OF COMMON PLEAS COA
OF CUMBERLAND COUNTY, PENNSYLVANIA
VIGILANT HOSE COMPANY, CIVIL ACTION - LAW
QUIET TITLE
Plantiff
vs.
THE BOROUGH OF SHIPPENSBURG,
CASE No: 2012-4225
Defendant
CERTIFICATE OF SERVICE
I hereby certify that I have on this 18th day of July, 2012, served a copy of
Plaintiff's Action to Quiet Title upon the Defendant in the manner indicated below which
service satisfies the requirements of Pa.R.A.P. 121:
Service by hand delivering complaint to:
Borough of Shippensburg
111 North Fayette Street
Shippensburg, PA 17257
Attn: Earl Parshall, Borough Manager
Date: July 18, 2012
Thomas P. Gleason, Esquire
Attorney for Plaintiff
49 W. Orange Street, Suite 3
Shippensburg, PA 17257
(717)-532-3270
ID# 82259
VIGILANT HOSE COMPANY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. Case No. 12 - 4225 CIVIL TERM c
3 r-a
THE BOROUGH OF
CIVIL ACTION - AT LAW rnw
x 7P.
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SHIPPENSBURG, ACTION TO QUIET TITLE y li
Defendant.
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ANSWER
-?
AND NOW comes Defendant, the Borough of Shippensburg, by and through its
Samuel E. Wiser, Jr. of the law offices of Salzmann Hughes, P.C. and files this Answer to
Plaintiff s Complaint and avers as follows:
1 -17. Admitted.
WHEREFORE, Defendant, the Borough of Shippensburg, respectfully requests that
Honorable Court enter an Order declaring all right, title and interest in the property described
Plaintiff s Complaint known and number as 129 East King Street, Shippensburg, Pennsylvania
Plaintiff, Vigilant Hose Company.
Respectfully submitted,
Date:
SALZMANN HUGHES, P.C.
By:
ue E. Wi , Jr., Esquire
Attorney ID # 203665
Jason E. Kelso, Esquire
Attorney ID # 209107
79 St. Paul Drive
Chambersburg, PA 17201
(717) 263-2121
(717) 263-0663 (Fax)
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I verify that the statements made in. the foregoing document are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904,
relating to unsworn falsification to authorities.
BOROUGH OF SHIPPENSDURG
Date: r J7, 4 t Z f<
ouncil President ?'
CERTIFICATE OF SERVICE
I hereby certify that on this 2 S? day of July, 2012 I served a true and correct
of the Defendant's Answer to Plaintiffs' Complaint by first class mail postage pre-paid to the
following:
Thomas P. Gleason, Esquire
49 West Orange Street, Suite 3
Shippensburg, PA 17257
Attorney for Plaintiff
Respectfully submitted,
SALZMANN HUGHES, P.C.
By:
E.
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5 a r~~ L
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[* biti~t ~~, ~~~s .i5
IN THE COURT OF COMM~`~~EAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
VIGILANT HOSE COMPANY,
CIVIL ACTION -LAW
QUIET TITLE
Plaintiff
vs.
THE BOROUGH OF SHIPPENSBURG,
CASE No: 12-4225
Defendant
PETITION TO ENTER JUDGMENT
AND now comes the Plaintiff, Vigilant Hose Company, a Pennsylvania non-profit
corporation, by and through its attorney, Thomas P. Gleason, and sets forth the following:
1.
On or about July 6, 2012, Petitioner filed an Action to Quiet Title under Pa.R.C.P. ';
1063(2) to amicably quiet and clear title to a piece of property located at 129 East King
Street, Shippensburg, Pennsylvania.
2.
On or about August 2, 2012, Defendant Borough of Shippensburg filed an answer
admitting and agreeing with Vigilant Hose Company's Petition in its entirety.
3.
As there is no issue of material fact in this present matter, Petitioner respectfully
requests this Honorable Court to enter an order granting all right, title, and interest in the
property described in the petition and known as 129 East King Street, Shippensburg,
Pennsylvania to the Plaintiff, Vigilant Hose Company.
Dated: ~~.~~ ~ S ~ 24t Z
Respectfully submitted,
r
~ ~ u ~. ~
Thomas P. Gleason, Esquire
Attorney for Petitioner
49 West Orange Street, Suite 3
Shippensburg, PA 17257
(717) 532-3270
Attorney ID #82259
VERIFICATION
I verify that the statements made in this agreement are true and correct. 1
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
I'
Date:.{.
Thomas P. Gleason, Esquire
Attorney for Vigilant Hose Company
3;"I~~~'~J~#~~~ta`l~ ~~
~~12 AUG 2 I ~ Vii: C i
+J~1flEF~~.~a3'dJ ~U~.~ ~ ~,
P~'t~~~SYLVaNf
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
VIGILANT HOSE COMPANY,
Plaintiff
vs.
THE BOROUGH OF SHIPPENSBURG,
Defendant
CIVIL ACTION -LAW
QUIET TITLE
CASE No: 12-4225
AMENDED PETITION TO ENTER JUDGMENT
AND now comes the Plaintiff, Vigilant Hose Company, a Pennsylvania non-profit
corporation, by and through its attorney, Thomas P. Gleason, and sets forth the following:
1.
On or about July 6, 2012, Petitioner filed an Action to Quiet Title under Pa.R.C.P.
1063(2) to amicably quiet and clear title to a piece of property located at 129 East King
Street, Shippensburg, Pennsylvania.
2.
On or about August 2, 2012, Defendant Borough of Shippensburg filed an answer
admitting and agreeing with Vigilant Hose Company's Petition in its entirety.
3.
No Judge has ruled on this or any other issue in this matter captioned Vigilant
Hose Company v. The Borough of Shippensburg, Cumberland County Case No. 12-4225.
4.
The concurrence of Defendant's attorney, Samuel E. Wiser, Jr., Esquire with this
Petition and with the relief requested, was sought and verbally received on August 20,
2012.
5.
As there is no issue of material fact in this present matter, Petitioner respectfully
requests this Honorable Court to enter an order granting all right, title, and interest in the
property described in the petition and known as 129 East King Street, Shippensburg,
Pennsylvania to the Plaintiff, Vigilant Hose Company.
Dated:. ,~ ~. , ~ 20, 2c~ lZ
Respectfully submitted,
homas P. Gleason, Esquire
Attorney for Petitioner
49 West Orange Street, Suite 3
Shippensburg, PA 17257
(717) 532-3270
Attorney ID #82259
VERIFICATION
I verify that the statements made in this agreement are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904 relating to unsworn falsification to authorities.
Date: ~la~ 1 Zo<Z " <<
Thomas P. Gleason, Esquire
Attorney for Vigilant Hose Company
VIGILANT HOSE COMPANY,
Plaintiff
v.
THE BOROUGH OF SHIPPENSBURG,
Defendant
IN THE COURT OF COMMON PLEAS
THE NINTH JUDICIAL DISTRICT
NO. 2012-4225 CIVIL TERM
IN RE: PLAINTIFF'S AMENDED PETITION TO ENTER JUDGMENT
RULE TO SHOW CAUSE
AND NOW, this 24a' day of August, 2012, upon review of Plaintiff's
Petition to Enter Judgment, a RULE is issued upon Defendant, the Borough
Shippensburg, to show cause why the relief requested in Plaintiff's Amended
should not be granted.
RULE RETURNABLE within 20 days from the date of this order.
Distribution List:
/ Thomas P. Gleason, Esq.
49 West Orange Street, Suite 3
Shippensburg, PA 17257
For Plaintiff
Samuel E. Wiser, Jr., Esq.
/Salzmann Hughes, P.C.
79 St. Paul Drive
Chambersburg, PA 17201
For Defendant
C9~~eS yha„1,e0~ ~1~~/a
By the Court
Thomas A. Placey C.P.J.
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