HomeMy WebLinkAbout12-4271JOYCE HAIR and BARBARA N INICH,
Executrices of the Last Will and Testament
of Frank Mackey, Deceased
v.
JUSTIN A. LONG and
JENNIFER E. LONG,
Defendants
(") ?.,,
IN THE COURT OF COMMON PLEA
CUMBERLAND COUNTY, PENNSYI? I Arr
vy
T •
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CIVIL ACTION - LAW" r`?
No. 2012- "d'7( CIVIL TERn't?`
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:, PENNSYLVANIA 17013
TELEPHONE: 717-249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by la?? to comply
with the Americans with Disabilities Act of 1990. For information about accessible
facilities and reasonable accommodations available to disabled individuals having
business before the court, please contact our office. All arrangements must be made at
Ieast 72 hours prior to any hearing or business before the court. You must attend the
scheduled conference or hearing. M'
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JOYCE HAIR and BARBARA MINICH, : IN THE COURT OF COMMON PLEAS OF
Executrices of the Last Will and Testament CUMBERLAND COUNTY, PENNSYLVANIA.
of Frank Mackey, Deceased
v.
CIVIL ACTION - LAW
JUSTIN A. LONG and
JENNIFER E. LONG, : No. 2012- CIVIL TERM
Defendants
ACTION TO QUIET TITLE
COMPLAINT TO QUIET TITLE
Plaintiffs, by their attorney, Robert G. Frey, complains of Defendants named herein and,
all persons unknown claiming any right, title, estate, lien, or interest in the real property
described herein adverse to plaintiff s title, and for a cause of action alleges:
1. Plaintiffs are Joyce Hair, having a mailing address of PO Box 56, Sher-mans Dale,
Perry County, Pennsylvania, and Barbara Minich, having a mailing address of 5462 Spring
Road, Shermans Dale, Perry County, Pennsylvania.
2. Defendants are Justin A. Long and Jennifer E. Long, an adult individuals residing at ;,34
Valley Road, Newville, Cumberland County, Pennsylvnania.
3. Plaintiffs were duly appointed by the Perry County Register of Wills as executrices of
the last will and testament of Frank E. Mackey, who died January 7, 2010. Said appointment i?!;
filed in the Office of the Register and Recorder's Office for Perry County at file number 50-10?
0020
4. Frank E. Mackey and Margaret G. Mackey were the owners during their life times it
fee simple and possessed all the real property consisting of a tract of land situated in the
Township of Upper Frankford, County of Cumberland, Commonwealth of Pennsylvania
(hereinafter referred to as the Mackey Property), by virtue of a deed from Lauran Charles et alia,
dated September 27, 1972 and recorded April 29, 1988 in Deed Book "H," Volume 33, Page
771. A tme and correct copy of said deed is attached hereto and incorporated herein by reference
as Exhibit. "A."
5. Defendants are the owners in, fee simple of two tracts of land situated in Upper
Frankford Township, Cumberland County, Pennsylvania containing approximately 23 acres
(hereinafter referred to as the Long Property) by virtue of a deed from. Robert W. Carl and Mai
Suzanne Carl dated May 18, 2009 and recorded June 2, 2009 as Instrument Number 20091838
A true and correct copy of said deed is attached hereto and incorporated herein by reference as
Exhibit "B."
6. Prior to their conveyance of the real estate, James P. Landis and Donna M. Landis,
prior owners of the Long Property, conveyed to Frank Mackey and Margaret Mackey "a
perpetual non-exclusive twenty foot (20') wide right-of-way" over the Long Property to the
Mackey Property. A true and correct copy of said deed is attached hereto and incorporated
herein by reference as Exhibit "C."
7 The said Margaret G. Mackey having died, title to the Mackey Property and to the
right-of-way over the Long Property remained vested by operation of law, solely in her survivii
spouse, Frank E. Mackey, whose executors are the Plaintiffs.
8. Prior to their conveyance of the Long Property to Defendants, the said Robert W.
and Mary Suzanne Carl, caused the Long Property to be surveyed, which survey shows the ri
of-way previously granted to Frank. E. Mackey and Margaret G. Mackey A true and correct
copy of said deed is attached hereto and incorporated herein by reference as Exhibit "D "
9. The Mackey Property has no frontage on a public road and has no means of access
other than over the right-of-way granted to Mackey by Landis.
10. During his life time, the said Frank E. Mackey used the granted right-of-way over
the Long Property for vehicular access to the Mackey Property.
11. Defendants now claim thafthe right-of-way granted to Mackey is limited to
pedestrian use only and they have refused to permit vehicular access.
12. Defendants' claim is adverse to Plaintiff's right-of-way which is unlimited in use.
Defendants' claim is without any right whatever, and Defendants have no right to limit or prevent
the use of the right-of-way by Plaintiff, their successors in title, their lessees or their invitees.
13. Defendants claim some estate, right, title, lien, or interest in or to said right-of-way
adverse to Plaintiffs' title, and said claim or claims constitute a cloud on Plaintiffs' title to the
real estate owned by Plaintiffs and the appurtenant thereto
WHEREFORE, Plaintiff prays:
1. That Defendants, and each of them, and all persons claiming under them, be required
to set forth the nature of their claims to said real property;
2. That all claims limiting the use of the right-of-way to said real property of Mackey be
determined by a Decree of your Honorable Court;
3. That said Decree declare and adjudge that Plaintiffs own a right-of-way twenty feet in
width over Defendants' property as shown on Exhibit "D" without limitation as to its use; and
that Defendants, and each of them and all persons claiming under them, have no right to limit the
use of the right-of-way by Plaintiffs and all persons claiming under them;
4. That said Decree permanently enjoin defendants, each of them, and all persons
claiming under them, from asserting any adverse claim to Plaintiffs' use of the said right-of-wa±?;
5 For cost of this action; and
6. For such other and further relief as your Honorable Court deems just and proper.
Respectfully Submitted,
Robert G. Frey
Attorney for Plaintiffs
5 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 243-5838
We verify that the statements made in this complaint are true and correct. I understand
that false statements herein are made subject to the penalties of 19 Pa. C. S. §4904 relating to
unsworn falsification to authorities.
Dated:
(lax, e-4 liI/ e
Exhibit "A"
%' 7u
ell.p7 ..?'.nnp' !?^•I, r.6.r1 Wrv.. nvl ?r nos. R{nul< ohmic,
11.tr? 11,11•1 ii1,i then nu, l,.,
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Ty a day of Sept9mb0r in fho year
r<,r.De rr,E ? 7
of ovr lord one thou and nine hvndrod seventy-two
BETWEEN LAURAN 0, CHAIII&S and VELVA M. CHA=S, his wife and FIXLLIAM
F. MARxLEY, JR. and CINDA DSAMLEY, his wife, 0,11 of weat
Pennsboro Township, Cumberland County, Pennaylvaniagronlora,
parties of•the first part,
and FRANK E. MACIMY and MARGARET G. MACXEY, his wife, both of
North Middleton Township, Cumberland County, Pennsylvania,
parties.of the second part,
Granlae e ,
WITNI serH, lhai in <oaddOne Hundredand na/1($100.00 --------------------
---------------------------- Oa(lan
in hoed Pold, the receipt' where*( is hereby acknowledged, the said gronlorg do haroby pronf? and
convey to the wld.gronlceS• r ALL that certain tract of mountain land situate in
Upper Frankford Township, Cuiaberland.Coanty, Pennsylvania, bounded and
described as followsi
BEGINNING at a atone, corner of land now or formerly of C. Throne;
thence by the same, North 70'1/2 degrees East, 80 2/10 perches to stonesr
thence 6110 perches towa or formerly post; thence of by same South Diller, South East 61 Eaet,
16
perches to a pine; thence South 29 degrees East, 21 perches tc a posts'
thence South 70 degrees West 78 perches to stonesl thence by land now or
formerly of Daniel Green, South 0 degrees west 46 perches to stones;
thence North 20 degrees west 65 5/10 perches to the place of BEGINNING.
CONTAINING Fifty (50) Acres and One Hundred Nineteen (119) parches,
more or lass.
BEING the Same tract of land which G« Elmer Mangos and Mary R.
mengea, his wife , by their deed dated the 26th-of December, 1968, and
recorded in the office of•the recorder of Deeds iandrC land
County in Deed Book 'A", Volume 23, page'986, granted and conveyed
Laursn 0. Charles and William R: Markley two of the Grantors herein,
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AND the sold oronloS hereby covenant and cored that they and each of them will warrant
generally the proporty hereby conveyed.
fig N 33 PAGE 77#.
f? - - "- r'I? ._._ "GENCV FEALTOFS
01
IN WifNESS WHEREOF, fold 9roAtore he Ve
the day and year Aht above W1111e4.
**'110. lisslrb also J111efa0
in illr ?rnrocc of '1'
I
717-^4?-1.7'1 q
heloumo set their hand g and seo18
1 0. Ch
4?2m
Stale of PennaylVanie
County o(Cwberlahd
On Ihh, Choy day of
September 1973 , before ate,
the unde,elpned *Mw, personally appeared Lauran 0. Charles and Velma M. Charles,
his wife, find William P. Markley, ir, and Cinda. Markley, his wife
known 10 ate I Or 10631ac OMY proven) to be the persons.- whose name
.r` ",'In(1 'I {"anti and acknowledged that they executed some for Oh* pewposesu herein eo oined.
f 4 ?, I, „I, (Ft 4TNISS WHEREOF,- I hereunto Pot my hand end g lciel 600E
II' ))f L>•''i ..?W +.dar4c`?/ lJF( __.._... rase4
Title of Oflleer.
I do hereby eerily shot the pree ei?on a all eoMM. pff o?o to gross 01
the within,named g,dnlee Is r curiti r
September
Anomay for LitRGt?CIX?
Y hareby.cartity the precise residence
shat complete poor office address of
c [he within named Cranteee'le
3700'9Pring Road. Carlisle, PA 17013
O
4/29/68
44,
a P
104 093
144
JI wrl i
O to W pq ppp]]] sy
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'.0. yi RKORDED on IAIs , day 9
; ? ?, j%, ti \ • ` A,. D.
19. D_.., In the Raerder'f ORloe of the sold Covey, , in Ueed
Boor
Vet. -? Pape
Given wedef my ha n e seal of the o
\ '• ???! ? •)/? ? ? to above wrthn,
1K • ;I:H ;' • `ski -"-.--._.. Wr?a'R'? Recordor.
COMMONWEAt7H PBNN9YlVAN1A
/ County Of ff. /
33 RICE 772
•
F-559
Exhibit "B"
?C
File No. 5051 Parcel ID No.
001 FOD
Made the _ r day of in the year
TWO THOUSAND NINE { g9)
?ettneen ',
ROBERT W. CARL and MARY SUZANNE CARL, husband and wife, of Newville,
Cumberland County, Pennsylvania, parties of the first part, hereinafter referred to as the
GRANTORS
AND
JUSTIN A. LONG and JENNIFER E. LONG, husband and wife, of Norristown, Pennsylvani
parties of the second part, hereinafter referred to as the GRANTEES
V ltnef Otb, that the said Grantors for and in consideration of the sum of -------------------------------
----TWO HUNDRED SIXTY THOUSAND DOLLARS and 001100-----
------------------------------- ---------------- -($260,000.00Y ---- ------------- -------------------------- ---
lawful money of the United States of America, unto them well and truly paid by the said Grantees, at or befo?
sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained and
released and confirmed, and by these presents do grant, bargain and sell, release and confirm unto the
Grantees, their assigns, the survivor of them and the survivor's personal representatives and assigns,
ALL THAT CERTAIN tract of land with improvements thereon erected situate in Upper Fran]
Township, Cumberland County, Pennsylvania, and more particularly bounded and describe
accordance with a boundary survey of Eugene A. Hockensmith, Professional Land Surveyor, c
February 1, 1991, for Robert W. Carl and Mary Suzanne Carol, and recorded in the Office o
Recorder of Deeds of Cumberland County, Pennsylvania, in Right-of-way Plan Book 9, Page 11!
follows:
TRACT NO. 1:
BEGINNING at an existing railroad spike located in the southern one-half of the 10 feet wide mace
drive leading to the buildings on the within-described premises, which existing railroad spike is loi
1,795 feet eastwardly along the center line of the private road leading to the premises herein desc
from the center line of McClures Gap Road and which existing railroad spike is located a
southwestern corner of Tract No. 1 in Cumberland County Deed Book "Q Volume 33, Page
thence along lands now or formerly of Galen R. Wiser, North 21 degrees 57 minutes 56 seconds 1
453.75 feet to an existing iron pin in a rock pile at the northwestem comer of said Tract No. 1; tf
along lands now or formerly of Seth N. Fry, et al., North 82 degrees 35 minutes 57 seconds
2,175.48 feet to an existing rock pile at the northeastern corner of said Tract No. 1; thence along
now or formerly of Frank E. Mackey, et ux, South 21 degrees 23 minutes 32 seconds East, 450.1'
an crossing a private right-of-way 20 feet in width to an existing rock pile at the southeastern con
said Tract No. 1; thence along lands now or formerly of James P. Landis, et us, South 82 degre
minutes 13 seconds West, 1,576.75 feet to an existing iron pin; thence continuing along said land:
or formerly of James P. Landis, et ux, South 82 degrees 32 minutes 13 seconds West, 21.84 feet
existing iron pin; thence along lands now or formerly of Wilbert J. Lentz, Jr., et ux, North 31 degre
minutes 21 seconds West, 15.33 to an existing iron pin at the northeastern corner of said lands n
the
old,
said
ford
I in
ited
the
as
the
173;
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ar of
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now
o an
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w or
06/04/2012 11:26:53 AM CUMBERLAND COUNTY Inst.# 200918389 - Page 1 of 5
formerly of Wilbert J. Lentz, Jr., et ux; thence continuing along said lands now or formerly of Wilbert J.
Lentz., et ux, South 59 degrees 02 minutes 34 seconds West, 35.22 feet to an existing iron pin; thence
along Tract No. 2 herein, South 82 degrees 32 minutes 13 seconds West, 533.17 feet to an existing
railroad spike, the Place of BEGINNING.
CONTAANING 21.844 acres.
TRACT NO. 2:
BEGINNING at an existing railroad spike, the Place of Beginning of Tract No. 1 herein; thence along
said Tract No. 1 herein, North 82 degrees 32 minutes 13 seconds East, 533.17 feet to an existing iron
pin at lands now or formerly of Wilbert J. Lentz, Jr., et ux; thence along said lands now or formerly of
Wilbert J. Lentz, Jr., et ux, the following distance along the course of South 59 degrees 02 minute 34
seconds West: 408.76 feet to an existing iron pin, 20.00 feet to an existing railroad spike in a 10 feet
wide private gravel cartway; and 81.10 feet to an existing iron pin at lands now or formerly of Joh H.
Muhly, Jr.; thence along said lands now or formerly of John H. Muhly, Jr., North 28 degrees 57 min tes
46 seconds West, 103.40 feet to an existing iron pin at lands now or formerly of said Galen R. W ser;
thence along said lands now or formerly of Galen R. Wiser, North 21 degrees 57 minutes 45 seconds
West, 110.57 feet and through said 10 feet wide private gravel cartway 110.57 feet to an existing
railroad spike, the Place of BEGINNING
CONTAINING 1.2599 acres.
SUBJECT TO an existing 10 feet wide private gravel cartway over Tract No. as shown on said
boundary survey.
SUBJECT ALSO to a perpetual nonexclusive 20 feet wide private right-of-way over Tracts Nos. Hand
2 as shown on said boundary survey and as set forth ion a certain Grant of Easement as recorded in
Cumberland County Miscellaneous Book 349, Page 607.
BEING THE SAME PREMISES WHICH Robert W. Carl and Mary Suzanne Carl, husband and wife, by
Deed dated March 20, 1991, and recorded in the Office of the Recorder of Deeds, in and for
Cumberland County, Pennsylvania, in Deed Book A-35, Page 351, granted and conveyed unto R bert
W. Carl and Mary Suzanne Carl, husband and wife, Grantors herein.
Togetbe>r b)Ttb all and singular the buildings and improvements, ways, streets, alleys, driveways, passages,
waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the h?reby
granted premises 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 them, the said
grantors, as well at law as in equity, of, in and to the same.
To babe anb to 001b the said lot or piece of ground described above, with the buildings and improve ents
thereon erected, hereditaments and premises hereby granted, or mentioned and intended so to be, 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.
ZInb the said Grantors, for themselves and their heirs, executors and administrators, do, by these pre I ?ents,
covenant, grant and agree, to and with the said Grantees, their heirs and assigns, that they, the said Grantor , and
their heirs, all and singular the hereditaments and premises herein described and granted, or mentioned and
intended so to be, with the appurtenances, unto the said Grantees, their heirs and assigns, against them, th said
Grantors, and their heirs, and against all and every other person and persons whosoever lawfully claiming or to
claim the same or any part thereof, by, from or under him, her, it, or any of them, shall and will ...
6peciarrp 'arrant anb Mefenb.
06/04/2012 11:26:53 AM CUMBERLAND COUNTY Inst.# 200918389 - Page 2 of 5
31n Vitnvo Vbereof, the parties of the first part have hereunto set their hands and seals. Dated the day
and year first above written.
*ealeb aub Meliber
IN THE PRESENCE OF:
{ SE, [L j
Robert W. Carl
{SE?L}
M y S anne C
Commonwea=.,X&/ e County
of : ss
On this, the ?Ir- _ day of , 2009, before me, a Notary Public for the Commo
of Pennsylvania, the undersigned Officer???? ersonally appeared Robert W. Carl and Mary Suzanne Carl,
husband and wife, known to me (or satisfactorily proven) to be the person whose names are subscribed to the
instrument, and acknowledged that they executed the same for the purposes therein contained. `
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
COMMC3hdv.tF•.?_.; f? OF p£b:lVSYi_VANIA
NOTARIAL SEAL
FSETH E. PGt,"EROY, II, Notary Public
er Allen Twp Cumberiand County
P.Ar 2710_
My commission expires
JPN4
06/04/2012 11:26:53 AM CUMBERLAND COUNTY
Notary Public
Inst.# 200918389 - Page 3 of 5
Certificate Of Residence
I hereby certify, that the precise sidence of the grantees herein is as follows:
?1a ? ?b4-?-
I-Ia(41
(AUoray or Agent for
Recorder of Deeds
Commonwealth of Pennsylvania
County of
RECORDED on this _
the Recorder's Office
, Page T
the date above written.
of said
day of A. D. in
County, in Deed Book , Volume
Given under my hand and the sea] of the said of ice,
Recorder.
06/04/2012 11:26:53 AM CUMBERLAND COUNTY Inst.# 200918389 - Page 4 of 5
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200918389
Recorded On 6/2/2009 At 1:06:44 PM
* Instrument Type - DEED
Invoice Number - 45013 User ID - AF
* Grantor - CARL, ROBERT W
* Grantee - LONG, JUSTIN A
* Customer - SECURED LAND
* FEES
STATE TRANSFER TAX $2,600.00
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING FEES •- $11.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
BIG SPRING SCHOOL $1,300.00
DISTRICT
UPPER FRANKFORD $1,300.00
TOWNSHIP
TOTAL PAID $5,248.50
RECORDER O D EDS
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
tlIIIINIIEI11IVI
06/0412012 11:26:53 AM
CUMBERLAND COUNTY
* Total Pages - 5
a
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
Inst.# 204918389
Page 5 of 5
Exhibit "C"
A07,NU? PEA1,7CFS
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JAMBS P. LANDiB and DONNA Mo LANDIS, husband and wife, of
upper lrankford Township, Cumberland County, Pennsylvania
(hereinafter 'Grantors,) in consid*r&tion of the payment of
$1.00 and intending to be legally bound hereby do hereby grant
and convey unto PRAn MACKEY and HARGAAET MACKET, of Cumberland
County, Pennsylvania (hereinafter -Grantees') a perpetual non-
exclusive twenty foot (201) wide right-of-way over lands of the
Grantors located in Upper Prankford Township, Cumbarland County,
Pennsylvania,. the said right of way to be a*-tezminous with the
twenty foot (201) wide private right-of-way as identified on the
survey attached hereto ab Exhibit 'A' and said right-of-May to
continue thence eastwardly along the entire southern boundary of
(and located solely within) the land described as Tract 1,
parcel A in a certain Dead from Leroy J. Negley, at al. to the
Grantors heroin dated November 0, 1979, and recorded in
Cumberland County Deed Book D, volume a$, page 311, the same
being designated on Exhibit 'A' attached hereto an (TRACT
The within easement shall ran with the land and shall be
for the common use and benefit of the Grantors herein, their
heirs and assigns, and the Grantees heroin, their heirs and
assigns.
SeF.o1 oist, o m?. Co. Ike
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FROM-?F AGENCY REALTORS
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IN KZTNESS Wamor, the Grantors have not their hands" end
seals the day and year first above written.
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V os P. Lana o
A '121
Donna X. n La
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COLJM or CDM ISPU lLD
On this, the day of 09Prt1 , 1986, betore
tee, the undersigned offlaar, personalty &Mewed JAMES p. Y mxs
altd DOMM M. LRNDZS, known to rae (or satisfactorily proven) to
be the persons whose names are subscribed to the within •
instrument, and acknowledged that they executed the same for the
purposes thorain contained,
M
IN WITNESS WHEREOF, 1 • hereunto set my hand
goal. lecaverbre A. o.ctir, Notify t6Ns t
CwU+te lam, C?n.bptond Co+w
My Commotion expim lea. 13, 1991
Statd of PennayNrbnN ss .. p.
County 41 C-ymbedeKO In Ol 0?k?,
taecora9d to M0 offtos for =!!j..
atcind for Qumballri?1 r
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I 06104/2012 11:29:11 AM CUMBERLAND COUNTY Inst.# 198608362 - Page 3 of 3
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06/04/2012 11:32:57 AM CUMBERLAND COUNTY Inst.# 190100946 - Page 4 of 4