HomeMy WebLinkAbout12-6565IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
JON WOODITCH AND JAYMA
WOODITCH,
Plaintiffs
V.
BOROUGH OF LEMOYNE,
Defendant
ACTION TO QUIET TITLE Civil Action No. •(?S?pS -71 -
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 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166 or (800) 990-9108
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de
las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n
dentro de los pr6ximos veinte (20) Bias despues de la notificaci6n de esta Demanda y
Aviso radicando personalmente o por medio de un abogado una comparecenc:ia escrita y
radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas
presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion
como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier
,L0484446.I)
Q%A e,l(Y)-5? 0
C??u43ss?
19
suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio
solicitado por el demandante puede ser dictado en contra suya por la Corte sin rods aviso
adicional. Usted puede perder dinero o propiedad u otros derechos importantes para
usted.
Usted debe llevar este documento a su abogado inmediatamente. Si usted no tiene
un abogado, llame o vaya a la siguiente oficina. Esta oficina puede proveerle informacion
a cerca de como conseguir un abogado.
Si usted no puede pagan por los servicios de un abogado, es posible que esta
oficina le pueda proveer informacion sobre agencias que ofrezcan servicios legales sin
cargo o bajo costo a personas que cualifican.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166 or (800) 990-9108
{L0484446.1) 2
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
JON WOODITCH AND JAYMA
WOODITCH,
Plaintiffs
V.
BOROUGH OF LEMOYNE,
Defendant
ACTION TO QUIET TITLE
Civil Action No.
COMPLAINT
AND NOW, Plaintiffs Jon Wooditch and Jayma Wooditch, by and through their
counsel, Eckert Seamans Cherin & Mellott, LLC, file this Complaint against -the Borough
of Lemoyne, seeking to quiet title and to determine the rights of the named parties and all
other persons or entities in the property identified herein pursuant to Pa.R.Civ.P. l 061 et
seq., and in support thereof state as follows:
INTRODUCTION
Jon and Jayma Wooditch ("Plaintiffs") bring this action seeking the Court to quiet
title on two tracts of property on Cumberland Road in the Borough of Lemoyne that have
been continuously, openly, and exclusively possessed, occupied, and maintained by them
and their family since 1942. The tracts that Plaintiffs seek to adversely possess (referred
to as Tracts Three and Four in this action) are part of a steep hill that Plaintiffs and their
family leveled out and made into livable space, and on which they raised their families.
Plaintiff and their predecessors have held these tracts out as their own for over 70 years.
,1-0484446.11
Simply put, Plaintiffs seek to have this Court declare that the property that they and their
family made into livable land, and which they and their family cared for and enjoyed for
over seven decades, is rightfully their property.
PARTIES AND VENUE
1. Plaintiffs Jon Wooditch and Jayma Wooditch are husband and wife and
reside at 504 Indiana Avenue in the Borough of Lemoyne, Cumberland County,
Pennsylvania.
2. Defendant Borough of Lemoyne is an incorporated political subdivision in
Cumberland County, Pennsylvania, with offices at 510 Herman Avenue, Lemoyne, PA
17043.
3. Venue is proper in this Court pursuant to Pa.R.C.P. 1062 in that the
property which is the subject of this action is located in Cumberland County.
THE SUBJECT PROPERTY
4. Plaintiffs are the legal owners of property located at 75 Cumberland Road,
Borough of Lemoyne, Cumberland County, Pennsylvania; this property- is referred to in
this action as the "Parcel." The Parcel is comprised of four separately acquired tracts,
which are referred to in this action as Tract One, Tract Two, Tract Three, and Tract Four.
Plaintiffs have attached a survey of the Parcel depicting Tracts One, Two, Three, and
Four, which will assist the Court with understanding the layout of the Parcel and its four
Tracts. (Exhibit 1).
5. There is no dispute that Tracts One and Two, described below, are owned
by Plaintiffs. The only question raised in this action is whether Plaintiffs have acquired
Tracts Three and Four by adverse possession.
L0484446.1; 2
Tract One
6. On or about June 16, 1942, Jack B. Mattern acquired real property from
Blanche W. Miller by deed, which is recorded in the Office of the Recorder of Deeds of
Cumberland County in Deed Book "O", Volume 12, page 101. This property, which is
referred to herein as "Tract One", is located on the eastern side of Cumberland Road in
Lemoyne and is described in the deed as follows:
BEGINNING at a point on the eastern line of Cumberland Road, at the line of
property, now or late, of John Gamber, said point being fifty (50) feet measured
northwestwardly along the line of Cumberland Road from the dividing line between lots
Nos. 143 and 144 on the hereinafter mentioned Plan of Lots; thence in a northwestwardly
direction along the eastern line of Cumberland Road two hundred one (201) feet to a
point; thence in an easterly direction by a diagonal line as shown on said Plan two
hundred twenty-nine (229) feet, more or less, to a point at the line of lands, now or late,
of John Gamber; thence in a westerly direction along the line of said lands, now or late,
of John Gamber and at right angles with Cumberland Road one hundred twenty (120)
feet, more or less, to Cumberland Road, the point or place of Beginning.
7. On or about September 6, 1942, Grace D. Mattern acquired Tract One from
Jack B. Mattern and Margaret R. Mattern by deed, which is recorded in the Office of the
Recorder of Deeds of Cumberland County in Deed Book "R", Volume 12, page 268.
8. On or about December 30, 1949, Jack B. Mattern and Ernestine O. Mattern,
husband and wife, acquired Tract One from Grace D. Mattern by deed, which is recorded
in the Office of the Recorder of Deeds of Cumberland County in Deed Book "E",
Volume 14, page 468.
Tract Two
On or about. March 4, 1980, Jack B. Mattern and Ernestine O. Mattern,
husband and wife, acquired real property adjoining Tract One from the Borough of
Lemoyne by deed, which is recorded in the Office of the Recorder of Deeds of
L0484446.1 } 3
Cumberland County in Deed Book "W", Volume 28, page 441. This triangular-shaped
property, which is referred to herein as "Tract Two", is located on the eastern side of
Cumberland Road in Lemoyne and is described in the deed as follows:
BEGINNING at an iron pipe on the northern line of Cumberland Road, said pipe
being located at the Southwest Corner of the lot of Jack B. Mattem and Ernestine O.
Mattem, his wife, and the line of lands now owned by the Borough of Lemoyne; thence
North 31 degrees 55 minutes East, a distance of seventy-two and three tenths (72.3) feet;
thence South 58 degrees 5 minutes East, along other land owned by the Borough of
Lemoyne, a distance of one hundred twenty-one and one tenth (121.1) feet to a point on
the Northern line of the lot of Jack B. Mattem and Ernestine O. Mattem, his wife; thence
along the Northern line of said lot, North 88 degrees 55 minutes 16 seconds West, a
distance of one hundred forty-one and four hundredths (141.04) feet to an iron pipe, the
point of BEGINNING.
CONTAINING approximately 4,379.58 square feet.
10. Tract Two was part of a parcel of property conveyed to the Borough of
Lemoyne by the heirs of Richard H. Hummel by their Deed dated May 15, 1940, and
recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania,
in Deed Book D, Volume 12, Page 481.
Tracts One and Two
11, On or about October 4, 1996, Jon and Jayma Wooditch, husband and wife
and Plaintiffs in this action, acquired the real property referenced herein as Tracts One
and Two from Jack B. Mattem and Ernestine O. Mattem by deed, which is recorded in
the Office of the Recorder of Deeds of Cumberland County in Deed Book 147, page 85.1
'Tract One and Tract Two are the subject of a subdivision plan, which subdivides them
into "Lot One" and "Lot Two." The subdivision plan was recorded in the Office of the
Recorder of Deeds for Cumberland County, Pennsylvania, on March 4, 1980, in Plan
Book 37, Page 89. The October 4, 1996, deed, however, refers to these Tracts as Tract
One and Tract Two. Thus for ease of reference, this Complaint simply refers to these
Tracts as Tract One and Tract Two.
{L0484446.11 4
12. Jack and Ernestine Mattern are both deceased and were the natural parents
of Jayma Wooditch.
Tracts Three and Four
13. The real property which is the subject of this action, and is referred to
herein as Tracts Three and Four, consists of the remainder of the property known as 75
Cumberland Road, Lemoyne, and can be identified and described as follows:
ALL THOSE TWO (2) certain tracts of land situate in the Borough of
Lemoyne, Cumberland County, Pennsylvania and described in accordance with a
drawing attached hereto and made part hereof entitled "Boundary Survey for Jon
Wooditch" bearing project number 2012005, as prepared by Ronald D. Garis,
Professional Land Surveyor, more fully bounded and described, as follows to wit:
TRACT NO. 3: BEGINNING at a pipe (found) located at the southwest
corner of land of Jon Wooditch and Jayma Wooditch, North 58 degrees 05
minutes 00 seconds West, a distance of 86.44 feet to a rebar (set) on lands now or
formerly of the Borough of Lemoyne; thence North 31 degrees 55 minutes 00
seconds East, a distance of 51.79 feet to a rebar (set); thence South 71 degrees 26
minutes 00 seconds East, a distance of 88.84 feet to a point on the dividing line
between lands of Jon Wooditch and Jayma Wooditch and the herein described
lot; thence along said dividing line, South 31 degrees 55 minutes 00 seconds
West, a distance of 72.30 feet to a pipe (found), the point and place of
BEGINNING. Containing 5,363.2 square feet.
TRACT NO. 4: BEGINNING at a point located at the northwest corner of
land of Jon Wooditch and Jayma Wooditch; thence South 71 degrees 26 minutes
00 seconds East, a distance of 75.00 feet to a rebar (set); thence continuing along
same, South 79 degrees 33 minutes 52 seconds East, a distance of 137.58 feet to a
rebar (set); thence along the dividing line of lands now or formerly of the
Borough of Lemoyne and the herein described premises, South 31 degrees 55
minutes 00 seconds West, a distance of 20 feet to a pipe (found) on the dividing
line between lands of Jon Wooditch and Jayma Wooditch and the herein
described lot; thence continuing along said dividing line, North 88 degrees 55
minutes 16 seconds West, a distance of 93.05 feet to a pipe (found); thence
continuing along said dividing line, North 58 degrees 05 minutes 00 seconds
West, a distance of 121.10 feet to a point, the point and place of BEGINNING.
Containing 4,168.5 square feet.
{L048444&11 5
14. Tracts Three and Four were part of a parcel of property conveyed to the
Borough of Lemoyne by the heirs of Richard H. Hummel, by their Deed dated May 15,
1940, and recorded in the Office of the Recorder of Deeds for Cumberland County,
Pennsylvania, in Deed Book D, Volume 12, Page 481.
15. Since at least 1942, the Borough of Lemoyne has not maintained,
possessed, occupied, or exercised dominion or control over Tract Three or Tract Four.
16. Beginning in 1942 and continuing without interruption through the date of
the filing of this Complaint, Plaintiffs and their predecessors, who are also their family
members, have openly possessed, developed, occupied and exercised dominion and
control over Tracts Three and Four to the exclusion of all others, and have adversely
possessed this property, as more particularly described below.
FACTUAL BACKGROUND
17. In or about 1942, Jack B. Mattern, Plaintiffs' father and father-in-law,
purchased Tract One and began to exercise dominion and control over the entire Parcel
known as 75 Cumberland. Road (consisting of Tracts One, Two, Three, and Four). This
Parcel is situate on the eastern side of Cumberland Road, with the land sloping steeply
away from the road. Mr. Mattern graded, developed, and maintained this Parcel into
livable land. Mr. Mattern and Plaintiffs have continuously occupied and exerted
possession and control over the entire parcel (including Tracts Three and Four) since
1942, and in the paragraphs below, Plaintiffs provide a few examples of their continuous
dominion over this parcel for the last seven decades.
18. The Parcel originally consisted of a wooded area on a steep hill on the
eastern side of Cumberland Road. Mr. Mattern used a bulldozer to level out portions of
{ L0484446.1 1 6
the Parcel to create a terrace on which his family could live. The level terrace living
space that was created by Mr. Mattern is located on Tracts One, Two, Three, and :Four
and has been continuously possessed, occupied, and maintained by Plaintiffs and their
predecessors since its creation.
19. During the mid-1940s, Mr. Mattern built a house on the level terrace, and
developed and maintained portions of Tracts Three and Four as his front yard.
20. During the mid-1940s, Mr. Mattern used a bulldozer to cut a 75-foot-long
and 12-foot-wide lane through Tract Three to create a driveway to access the Parcel. Mr.
Mattern erected a fence along the entire length of the driveway on Tract Three. The
driveway and fence have been continuously maintained by Mr. Mattern and Plaintiffs
from the mid-1040s through the date of this filing.
21. Also, in or about the mid-1940s, Mr. Mattern used a bulldozer to level a
portion of Tracts Three and Four approximately 15 feet wide by 80 feet long, which he
used as a garden for recreating, cultivating vegetables, and growing flowers. Mr. Mattern
and Plaintiffs maintained this garden area continuously from the mid-1940s through the
date of this filing.
22. In the early 1950s, Mr. Mattern designed and built a stone patio on Tract
Four, which has been used continuously by Mr. Mattern and his family and friends and
Plaintiffs and their family and friends continuously from the early 1950s through the date
of this filing.
23. This unique stone patio has hosted countless family reunions and other
gatherings of families and friends throughout the over 70 years it has been in existence.
;1,0484446.1 } 7
Along with the rest of Tracts Three and Four, the stone patio is an important part of
Plaintiffs' family history that holds immeasurable sentimental value.
24. Mr. Mattern and Plaintiffs have planted trees, bushes, grass and other
plants on the entire Parcel, including on Tracts Three and Four, in order to improve and
beautify the Parcel. Mr. Mattern and Plaintiffs maintained the trees, bushes, grass and
other plants from the mid-1940s through the date of this filing.
25. Mr. Mattern and Plaintiffs have cleared dead and diseased trees from Tracts
Three and Four, and have cut, cleared, and trimmed the trees and vegetation on those
Tracts continuously from the mid-1940s through the date of this filing.
26. Mr. Mattern and Plaintiffs have performed all routine maintenance on the
entire Parcel, including, inter alia, mowing grass, weeding, and generally maintaining the
property, continuously from the mid-1940s through the date of this filing.
27. Plaintiffs and their predecessors have openly maintained that they own the
entire Parcel, including Tracts Three and Four, and have taken complete control and
responsibility for this property, continuously from 1942 onward. In fact, among other
things, Plaintiffs and their predecessors have displayed no trespassing signs along
Cumberland Road and have placed cones at the entrance of the driveway to prevent
trespassers from accessing the property. Plaintiffs also have demanded trespassers on
Tracts Three and Four to leave and have called upon public law enforcement to remove
individuals who entered those Tracts. Indeed, at Plaintiffs' request, law enforcement has
removed trespassers from Tracts Three and Four on several occasions.
{L0484446.(; 8
COUNTI
PLAINTIFFS ACQUIRED FEE SIMPLE TITLE
TO TRACTS THREE AND FOUR BY ADVERSE POSSESSION
28. The preceding paragraphs are incorporated herein by reference as though
set forth in full.
29. By virtue of having developed, possessed, and maintained Tracts Three and
Four for a continuous period in excess of 21 years, Plaintiffs and their predecessors in
interest have adversely possessed Tracts Three and Four.
30. Commencing with Mr. Mattern's acquisition of Tract One in 1942 and
continuing to the date of this filing, Plaintiffs and their predecessors have transformed
Tracts Three and Four from a wooded steep hill into a livable property and have
possessed and occupied Tracts Three and Four to the exclusion of all others.
31. Based on the foregoing, Plaintiffs have acquired fee simple title to Tracts
Three and Four by adverse possession. In particular:
(1) Plaintiffs have actual possession of Tracts Three and Four in that
they and their predecessors have held physical possession of those
Tracts, have developed and maintained them, have occupied them,
and have exercised full dominion and control over them for a
period of time well in excess of 21 years;
(2) Plaintiffs' and their predecessors' possession of Tracts Three and
Four has been continuous in that they had actual possession of
those Tracts, as described in this filing, without interruption from
1942 through this date, which is a period of time well in excess of
21 years;
{1-0484446.1} 9
(3) Plaintiffs' and their predecessors' possession of Tracts Three and
Four was exclusive as no other persons or entities occupied or in
any way possessed those Tracts for a period of time well in excess
of 21 years;
(4) Plaintiffs' and their predecessors' possession of Tracts Three and
Four was visible, open, and notorious in that their development,
maintenance, and occupation of those Tracts were open and visible
from Cumberland Road in the Borough of Lemoyne for a period of
time well in excess of 21 years and could have easily been
discovered by the Borough of Lemoyne or any other person or
entity purporting to claim any rights to the Tracts in the exercise of
reasonable diligence. Moreover, Plaintiffs have placed no-
trespassing signs on Tract Three and have called upon law
enforcement to expel trespassers from Tracts Three and Four on
several occasions, and these actions have put the Borough of
Lemoyne and any other person or entity purporting to claim any
rights to Tracts Three and Four on notice of Plaintiffs' ownership
of that property.
(5) For a period of time well in excess of 21 years, Plaintiffs' and their
predecessors' possession of Tracts Three and Four was a distinct
and exclusive exercise of dominion and control in that the actions
in leveling and terracing, developing, maintaining and living on
Tracts Three and Four were activities which only the owner of the
{ L0484446. ] } 10
property would conduct, and no other person or entity, including
the Borough of Lemoyne, conducted activities upon these Tracts
which were commensurate with ownership of them.
(6) Plaintiffs' and their predecessors' possession of Tracts Three and
Four was hostile because they held those Tracts out as their own
property and did so without the permission or consent of the
Borough of Lemoyne and did so for a period of time well in excess
of 21 years.
32. By virtue of the actions described above, and all other actions taken by
Plaintiffs and their predecessors to exercise dominion and control over the property,
Plaintiffs claim the exclusive ownership of Tracts Three and Four.
WHEREFORE, Plaintiffs Jon and Jayma Wooditch request this Court issue an
Order quieting undiminished, good and marketable fee simple title to Tracts Three and
Four, as described above, in favor of Plaintiffs and against the Borough of Lemoyne and
any other person or entity, and all other relief the Court deems just and proper.
Respectfully submitted,
ECKERT SEAMANS CHERIN & MELLO'TT, LLC
VL L. Campbell, Esq. (PA 19250)
Kevin M. Skjoldal, Esq. (PA 200841)
213 Market Street, 8th Floor
Harrisburg, PA 17101
Telephone: (717) 237-6000
Facsimile: (717) 237-6019
Email: lcampbell@eckertseamans. com
Email: kskjoldal@eckertseamans.com
DATED: October 19, 2012
1 L0484446.1 } 11
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
JON WOODITCH AND JAYMA
WOODITCH,
Plaintiffs
V.
BOROUGH OF LEMOYNE,
Defendant
: ACTION TO QUIET TITLE
. Civil Action No.
EXHIBIT 1
{ L0484446. I)
2012-6565
OVERSIZED
EXHIBITS
1
F
N 0IH"HOOd01 SNOIIIONOO JNIISIX3
13d `,UNnOO aW-W3mnO `HOnON08 3NkOW3l
mo.L oooM Not'
Hod
inane AvvaNnos
T Q
??
z
°vv
W
1j
w
o
a
z
d
a
r
a
VERIFICATION
1. Jon Wooditch, do hereby verify that I have read the foregoing COMPLAINT and that
the facts stated herein are true and correct to the best of my knowledge, information and
belief. 1 understand that false statements herein are made subject to penalties of
18 Pa.C.S. § 4904 relating to falsifications to authorities.
Dated: 6 9 Z
AT"
J Wooditch
VERIFICATION
I, Jayma. Wooditch, do hereby verify that I have read the foregoing COMPLAINT and
that the facts stated herein are true and correct to the best of my knowledge, information
and belief. I understand that false statements herein are made subject to penalties of
18 Pa.C.S. § 4904 relating to falsifications to authorities.
Dated: Q
Ja a Wooditch
i
;1,0484446.1}
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
JON W"OODITCH AND JAYMA
WOODITCH,
Plaintiffs
v.
BOROUGH OF LEMOYNE,
Defendant
ENTRY OF APPEARANCE
Please enter rriy appearance on behalf of the Defendant Borough of Lemoyne.
Johnson, Duffie, Stewart & Weidner
// r~,___
~._----- C~ ~ ___
Michael J. Cassidy, Esq. (PA ID No. 8164)
301 Market Street
Lemoyne, PA 17043
Counsel for Defendant Borough of Lemoy°ne
Date: ~~~ 2 `f' 20 i Z
;LOaa~~3y.~;
CERTIFICATE OF SERVICE
I certify that that on this 24'~day of _Oc.~-~0~~ , 2012, I served a copy of the foregoing
Entry of Appearance upon the persons and in the manner indicated below, which service satisfies
the requirements of the Pennsylvania Rules of Civil Procedure.
By U.S. Mail:
Loudon L. Campbell, Esquire
'Kevin M. Skjoldal, Esquire
.Eckert Seamans Cherin & Mellott, LLC
Z 13 Market Street, 8th Floor
Harrisburg, PA 17101
r---
Michael J. Cassidy, Esq. (PA ID No. 821 F4)
~oas+a~9.i,
IN THE COURT OF COMMON PLEAS OF CUMBERI_,AND COtTNTY„
PENNSYLVANIA
JON WOODITC>-I AND JAYMA
WOODITCH,
Plaintiffs
v. :
BOROUCTII OF LEMOYNE,
Defendant
ACCEPTANCE OF SERVICE
L Michael J. Cassidy, accept service of the Complaint to Quiet Title filed by Plaintiffs
Jon and Jayma Wooditch on behalf of Defendant Borough of Lemoyne and certify that I am
authorized to do so.
Date:
Johnson, Duffie, Stewart & Weidner
•,. _.
Michael J. Cassidy,-Esq=. (-I'A ID No. 82164 i
301 Market Street
Lemoyne, PA 17043
Counsel for Defendant Borough of Lemoyne
(~oasaa~~_r
CERTIFICATE OF SERVICE
1 certify that that on this Z'}-fday of 0~-4-oby _, 2012, I ser`~ed a copy of the
foregoing acceptance of Service upon the persons and in the manner indicated beloe~. which
service satisfies the requirements of the Pennsylvania Rules of Civil Procedure.
B~ U.S. Mail:
Loudon L. Campbell, Esquire
Itevin M. Skjoldal, Esquire
Eckert Seamans Cherin & Mellott, :LLC
213 Market Street, 8th Floor
Harrisburg, PA 17101
~.._,
t,~-_----- l~-___._ j_
Michael J. Cassidy, Esq.
L048d32?.]J
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
JON WOODITCH AND JAYMA
WOODITCH,
Plaintiffs
V.
BOROUGH OF LEMOYNE,
Defendant
~,,
._.
• ,_. r_ .
~_,.
~~
ACTION TO QUIET TITLE ~- "~' ~~,~
. t „~
,, ~, c
Civil Action No. 12-6565 ~ c ,a ~"" -'
', .
- ~
,~
STIPULATION FOR ENTRY OF CONSENT JUDGMENT
Plaintiffs, Jon Wooditch and Jayma Wooditch ("Plaintiffs") and Defendant Borough of
Lemoyne ("Defendant") jointly file this Stipulation requesting the Court to enter the attached
Consent Judgment, and state:
1. On October 22, 2012 Plaintiffs initiated the above-captioned matter in the
Cumberland County Court of Common Pleas seeking to confirm their acquisition of certain
tracts of land by adverse possession.
2. Defendant recognizes the uniqueness of this matter, and the well-documented and
longstanding history of Plaintiffs and their predecessors possessing, occupying, and maintaining
the property at issue.
3. Plaintiffs and Defendant have agreed to the entry of a Consent Judgment
declaring that Plaintiffs have acquired by adverse possession the property referred to in the
Complaint as Tract Three and Track Four, and specifically described as follows:
{L0484379.1} 1
Tract Three -- BEGINNING at a pipe (found) located at the southwest corner of land of
Jon Wooditch and Jayma Wooditch, North 58 degrees OS minutes 00 seconds West, a distance of
86.44 feet to a rebar (set) on lands now or formerly of the Borough of Lemoyne; thence North 31
degrees 55 minutes 00 seconds East, a distance of 51.79 feet to a rebar (set); thence South 71
degrees 26 minutes 00 seconds East, a distance of 88.84 feet to a point on the dividing line
between lands of Jon Wooditch and Jayma Wooditch and the herein described lot; thence along
said dividing line, South 31 degrees 55 minutes 00 seconds West, a distance of 9.79 feet to a
rebar (set); thence continuing along same, South 31 degrees 55 minutes 00 seconds West, a
distance of 72.30 feet to a pipe (found), the point and place of BEGINNING. Containing 5,363.2
square feet.
Tract Four -- BEGINNING at a point located at the northwest corner of land of Jon
Wooditch and Jayma Wooditch; thence South 71 degrees 26 minutes 00 seconds East, a distance
of 75.00 feet to a rebar (set); thence continuing along same, South 79 degrees 33 minutes 52
seconds East, a distance of 137.58 feet to a rebar (set); thence along the dividing line of lands
now or formerly of the Borough of Lemoyne and the herein described premises, South 31
degrees 55 minutes 00 seconds West, a distance of 20 feet to a pipe (found) on the dividing line
between lands of Jon Wooditch and Jayma Wooditch and the herein described lot; thence
continuing along said dividing line, North 88 degrees 55 minutes 16 seconds West, a distance of
93.05 feet to a pipe (found); thence continuing along said dividing line, North 58 degrees OS
minutes 00 seconds West, a distance of 121.10 feet to a point, the point and place of
BEGINNING. Containing 4,168.5 square feet.
{L0484379.1} 2
4. The agreed to Consent Judgment shall also state that Plaintiffs shall have
undiminished, good and marketable fee simple title to the property described above.
5. Plaintiffs and Defendant have agreed that the attached Deed is appropriate and
that a fully executed version of this Deed will be recorded in the Office of the Recorder of Deeds
within 30 days of the that the Court issues this Consent Judgment.
WHEREFORE, Plaintiffs Jon and Jayma Wooditch and Defendant Borough of Lemoyne
jointly request this Court to enter the attached Consent Judgment declaring that Plaintiffs
acquired the property at issue by adverse possession thereby quieting title to that property.
Eckert Seamans~Cherin & Mellott, LLC
oG
Loudon L. Campbell, E q. (PA ID No. 19250)
Kevin M. Skjoldal, Esq. (PA ID No. 200841)
213 Market Street, 8th Floor
Harrisburg, PA 17101
Counsel for Plaintiffs
Johnson, Duffie, Stewart & Weidner
C~ ~~
Michael J. Cassidy, sq. (PA ID No. 82164)
301 Market Street
Lemoyne, PA 17043
Counsel for Defendant Borough of Lemoyne
Date: ~ r~-~~ Z ~ zu~Z
Date: No /on.6 •. / 9 Z o ~ Z
{ L0484379.1 } 3
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
JON WOODITCH AND JAYMA
WOODITCH,
Plaintiffs
ACTION TO QUIET TITLE
v.
BOROUGH OF LEMOYNE,
Defendant
Civil Action No. 12-6565
EXHIBIT A
Part of Tax Map Parcel
No.: 12-21-0265-433.EX
QUIT CLAIM DEED
MADE the day of in the year of our Lord Two Thousand Twelve (201.2).
BETWEEN
BOROUGH OF LEMOYNE, a political subdivision of the Commonwealth of Pennsylvania
organized and existing under the laws of the Commonwealth of Pennsylvania, with its offices located in
Lemoyne Borough, Cumberland County, Pennsylvania, Grantor,
AND
JON WOODITCH and JAYMA WOODTfCH, husband and wife, of Cumberland County,
Pennsylvania, Grantees,
WITNESSETH, that in consideration of ONE and no/100 - - - - - - ($1.00) - - - - - -DOLLAR, in
hand paid, the receipt whereof is hereby acknowledged; the said Grantor does hereby release and Quit claim
to the said Grantees, their heirs and assigns,
ALL THOSE TWO (2) certain tracts of land situate in the Borough of Lemoyne, Cumberland
County, Pennsylvania and described in accordance with a .drawing attached hereto and made part hereof
entitled "Boundary Survey for Jon Wooditch" bearing project number 2012005, as prepared by Ronald D.
Garis, Professional Land Surveyor, more fully bounded and described, as follows to wit:
TRACT NO. 1: BEGINNING at a pipe (found) located at the southwest corner of land of Jon
Wooditch and Jayma Wooditch, North 58 degrees OS minutes 00 seconds West, a distance of 86.44 feet to a
rebar (set) on lands now or formerly of the Borough of Lemoyne; thence North 31 degrees 55 minutes 00
seconds East, a distance of 51.79 feet to a rebar (set); thence South 71 degrees 26 minutes 00 seconds East, a
distance of 88.84 feet to a point on the dividing line between lands of Jon Wooditch and Jayma Wooditch
and the herein described lot; thence along said dividing line, South 31 degrees 55 minutes 00 seconds West,
a distance of 72.30 feet to a pipe (found), the point and place of BEGINNING. Containing 5,363.2 square
feet.
TRACT N0.2: BEGIlVNING at a point located at the northwest corner of land of Jon Wooditch
and Jayma Wooditch; thence South 71 degrees 26 minutes 00 seconds East, a distance of 75.00 feet to a rebar
(set); thence continuing along same, South 79 degrees 33 minutes 52 seconds East, a distance of 137.58 feet
to a rebar (set); thence along the dividing line of lands now or formerly of the Borough of Lemoyne and the
herein described premises, South 31 degrees 55 minutes 00 seconds West, a distance of 20 feet to a pipe
(found) on the dividing line between lands of Jon Wooditch and Jayma Wooditch and the herein described
lot; thence continuing along said dividing line, North 88 degrees 55 minutes 16 seconds West, a distance of
{L0494955.1}
93.05 feet to a pipe (found); thence continuing along said dividing line, North 58 degrees OS minutes 00
seconds West, a distance of 121.10 feet to a point, the point and place of BEGINNING. Containing 4,168.5
square feet.
BEING PART OF THE SAME premises which Lucretia Hummel, Widow, Valentine Lorne
Hummel, Jr., single man, Helen Ray Donaldson and J. Allen Donaldson, her husband, Grazia Macdonald
Wilson and Ralph Wilson, her husband, being the heirs of Richard H. Hummel, late of Dauphin County,
Pennsylvania, by their Deed dated May 15, 1940 and recorded June 7, 1940, in the Office of the Recorder of
Deeds, in and for Cumberland County, Pennsylvania, in Deed Book D, Volume 12, page 481 granted and
conveyed unto the Borough of Lemoyne, Grantor herein.
BEING THE SAME premises which the Court of Common Pleas of Cumberland County, by
Consent Judgment dated , 2012 and filed to Civil Action No. 12-6565 in the Office of the
Prothonotary of Cumberland County, Pennsylvania, ordered the herein described premises to be conveyed
unto Jon Wooditch and Jayma Wooditch, husband and wife, Grantees herein.
FOR FURTHER REFERENCE TO TITLE: The Deed to the Borough found at Deed Book D,
Volume 12, page 481, refers to the land "marked or indicated for the use as parks, playgrounds, or other
public purposes including streets or other public ways as shown on Revised Plan No. 3, Fort Washington,
Lemoyne, Pennsylvania as recorded . in Plan Book No.l, at page 59". Plan Book No.l, at page 59 is an
erroneous recording reference. The correct recording reference for the plan entitled "Revised Plan No. 3 of
Fort Washington" is Plan Book 2, page 26.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
{L0494955.1 }
IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals the day and year first
above written.
Attested:
BOROUGH OF LEMOYNE
Cumberland County, Pennsylvania
Title: Borough Secretary
Print Name:
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
Title: (Vice) President, Borough Council
Print Name:
ss:
On this the day of 2012, before me, a Notary Public, personally
appeared ,who acknowledged himself/herself to be the (Vice)
President of Borough Council, of the Borough of Lemoyne, Cumberland County, Pennsylvania, and that
he/she as such (Vice) President, being authorized to do so, executed the foregoing instrument for the purposes
therein contained, by signing the name of the Borough of Lemoyne, Cumberland County, Pennsylvania, by
himself/herself as such (Vice) President, and said signature attested thereto by
,who acknowledged himself/herself to be the Secretary of Borough
Council, of the Borough of Lemoyne, Cumberland County, Pennsylvania.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires:
(SEAL)
NOTARY PUBLIC
{L0494955.1 }
I HEREBY CERTIFY, that the precise residence of the Grantee is:
504 Indiana Avenue, Lemoyne PA 17043
Loudon L. Campbell, Attorney for Grantees
{L0494955.1 }