HomeMy WebLinkAbout13-2180 Supreme Court of Pennsylvania
Court of Common Pleas
Civil Cover Sheet For Prothonotary Use Only:
County Docket No:
1
The information collected on this form is used solely for court administration purposes. This form does not
supplement or replace the filing and service of pleadings or other papers as required by law or rules of court.
Commencement of Action:
S 0 Complaint El Writ of Summons El Petition ❑ Notice of Appeal
❑ Transfer from Another Jurisdiction ❑ Declaration of Taking
E
C Lead Plaintiff's Name: Lead Defendant's Name:
. h Frank C. Mellott Amel Mehanovic
I ❑ Check here if you are a Self- Represented (Pro Se) Litigant
0 Name of Plaintiff/Appellant's Attorney: Michael L. Bangs, Esquire
N Dollar Amount Requested: within arbitration limits
Are money damages requested? : ❑Yes 0 No
(Check one) outside arbitration limits
A
Is this a Class Action Suit? ❑ Yes 0 No
Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your
PRIMARY CASE. If you are making more than one type of claim, check the one that
you consider most important.
TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS
❑ Intentional ❑ Buyer Plaintiff Administrative Agencies
❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment
❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections
❑ Nuisance ❑ Dept. of Transportation
• Premises Liability ❑ Zoning Board
S ❑ Product Liability (does not include ❑ Statutory Appeal: Other
mass tort) ❑Employment Dispute:
E • Slander/Libel/ Defamation Discrimination
C El Other: ❑Employment Dispute: Other
I , Judicial Appeals
❑ MIX - Landlord/Tenant
I E] Other:
❑ MDJ -Money Judgment
O MASS TORT ❑ Other:
❑ Asbestos
N ❑ Tobacco
• Toxic Tort - DES
• Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS
❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration
11 Other: Cl Eminent Domain /Condemnation ❑ Declaratory Judgment
B ❑ Ground Rent ❑ Mandamus
❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations
❑ Mortgage Foreclosure Restraining Order
PROFESSIONAL LIABLITY ❑ Partition ❑ Quo Warranto
❑ Dental X Quiet Title ❑ Replevin
❑ Legal
❑ Medical ❑ Other: ❑ Other:
❑ Other Professional:
Pa.R.C.P. 205.5 212010
MICHAEL L. BANGS, ESQUIRE T ' 'O
OT H0 ' ATTTORNEY FOR PLAINTIFF
ID No. 41263 ";, 13 APR 22 AM 11: 56,
Bangs Law Office, LLC
429 South 18'' Street C UM BER L AND 6 *0U ' TY
Camp Hill, PA 17011 PENIN SYLVAf1 ,
(717) 730 -7310
Email: mikebangs(ci
FRANK C. MELLOTT, ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs. )
ACTION FOR QUIET TITLE
AMEL MEHANOVIC and L
AMELA MEHANOVIC, his wife, ) DOCKET NO. O � v
Defendants
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 AN 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 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
1- 800 - 990 -9108
717 - 249 -3166 10 3 75 d ��-
MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF
ID No. 41263
Bangs Law Office, LLC
429 South 18 Street
Camp Hill, PA 17011
(717) 730 -7310
Email: mikebang_snverizon.net
FRANK C. MELLOTT, ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs. )
ACTION FOR QUIET TITLE
AMEL MEHANOVIC and )
AMELA MEHANOVIC, his wife, ) DOCKET NO.
Defendants )
COMPLAINT
AND NOW comes the Plaintiff, FRANK C. MELLOTT, by and through his attorney,
Michael L. Bangs, Esquire, and files the following Complaint:
1. Plaintiff, FRANK C. MELLOTT, is an adult individual who resides at 1010 Good
Hope Road, Hampden Township, Cumberland County, Pennsylvania ( "Mellott").
2. Defendants, AMEL MEHANOVIC and AMELA MEHANOVIC, are adult
individuals who reside at 1 008 Good Hope Road, Hampden Township, Cumberland County,
Pennsylvania.
3. Mellott is the owner of the property known as 1010 Good Hope Road having acquired
it by Deed dated January 27, 1999 ( "Property "). Attached hereto and marked as Exhibit A is a
true and correct copy of the Deed.
4. Defendants are the neighbors of Mellott and own the premises which joins the
Property.
5. In or about 2010, Defendants began encroaching on the Property by taking steps to
claim a portion of the Property as their own which included, but was not limited to, mowing,
1
digging an earth dyke, and other steps evidencing their intent to claim a portion of the Property
as their own.
6. Mellott requested Defendants to cease encroaching on his Property but the Defendants
have continued to encroach on the Property and have ignored his demands.
7. Defendants are claiming an interest in Mellott's Property by way of an unrecorded
subdivision plan which apparently may have been prepared somewhere back in the chain of title
to the Property.
8. Essentially, the Defendants are claiming a triangular shaped section that extends into
Mellott's Property.
9. Mellott has caused to have his Property surveyed which clearly established that the
legal descriptions on both Mellott's and Defendants' Deeds set forth the actual property lines for
the Property.
10. Despite providing Defendants with proof that the Property lines are established by
the Deeds, the Defendants have continued to claim a section of Mellott's Property.
11. Defendants have failed or refused to cease accessing Mellott's Property despite
repeated requests by Mellott.
12. Defendants are trespassing on Mellott's Property by their failure or refusal to cease
accessing the Property and using it as if it is their own.
13. Defendants have no lawful authority to continue to trespass on Mellott's Property.
14. Mellott does not want to resort to self -help and is seeking the Court to order the
Defendants to cease accessing his Property.
15. Mellott is seeking the Court to quiet any claims against the title of his Property that
are being made by Defendants in support of their illegal access and trespass on his Property.
2
WHEREFORE, Mellott requests this Honorable Court enter the following Order:
A. Direct the Defendants to cease accessing Mellott's Property;
B. Firmly establish the property line as set forth in the Deed as being the
actual property line between the properties.
C. Require Defendants to pay all of Mellott's costs, including counsel
fees, incurred to pursue this Order.
D. Such other relief as the Court deems appropriate.
Respectfully submitted,
BANGS LAW OFFICE, LLC
MICHAEL L. BANGS
Attorney for Plaintiff
429 South 18th Street
Camp Hill, PA 17011
(717) 730 -7310
Supreme Court ID #41263
3
VERIFICATION
I hereby 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. Section
4904, relating to unsworn falsification to authorities.
Date: --
FRANK C. MELLOTT
4
EXHIBIT A
5
3 a S -� "c
28YI 12 55
Tax Parcel No. 10 -17- 1033 -099
THIS INDENTURE,
MADE THE 2 day of January, one thousand nine hundred and
ninety- nine (1999)
BETWEEN KENNETH B. STEIGLEMAN, ADMINISTRATOR CTA of
the ESTATE OF IDA E. STEIGLEXAN, late of
Hampden Township, Cumberland p Pennsylvania, Grantor,
and FRANK C. MELLOTT, /S1 of Lei oyne, Pennsylvania,
Grantee,
WHEREAS, the said Ida E. Steigleman was vested in her lifetime
with title to the premises hereinafter described, in the Township
of Hampden, County of Cumberland and Commonwealth of Pennsylvania;
and
WHEREAS, the said Ida E. Steigleman died, testate, on the 11th
day of April, 1998, and Letters of Administration CTA were duly
issued to Kenneth B. Steigleman by the Register of Wills of
Cumberland County, Commonwealth of Pennsylvania on April 28, 1998
at Estate Docket Number 21 -98 -363; and
WHEREAS, the lands herein - mentioned were not specifically
devised.
NOW, THEREFORE, THIS INDENTURE WITNESSETH, that the said
Kenneth B. Steigleman, Administrator CTA, as aforesaid, for and in
consideration of the sum of EIGHTY - SEVEN THOUSAND DOLLARS
($87,000.00) and other good and valuable considerations, to him in
hand paid by the said Frank C. Mellott, at and before the sealing
and delivery hereof, the receipt whereof is hereby acknowledged,
has granted, bargained, sold, aliened, released, and confirmed,
and by these presents, by virtue of the virtue of the power and
authority in him vested by the Fiduciaries Act of the Commonwealth
of Pennsylvania, does hereby grant, bargain, sell, alien, release
and confirm unto the said Frank C. Mellott, his heirs and assigns,
forever:
ALL that certain piece of ground with improvements thereon
situate in the Township of Hampden, County of Cumberland,
Commonwealth of Pennsylvania, bounded and described as follows, to
wit:
BEGINNING at a point at the centerline of the intersection of
Good Hope Road (formerly known as the road leading from the
Wertzville Road to Good Hope) and Creekview Road (formerly known
as the public road leading from Bryons Bridge to Orris Bridge
Road), thence along the said centerline of Creekview Road North
fifty -nine (59) degrees fifteen minutes East 238 feet, more or
less, to a point at a driveway at lands now or formerly of Harold
E. Ireland; thence along lands now or formerly of Harold E.
Ireland, South thirty (30) degrees thirty (30) minutes East 207
feet, more or less, to a point at lands now or formerly of Barry
Lynn Ernst, et. al.; thence along lands now or formerly of Barry
Lynn Ernst, et. al., South fifty -nine (59) degrees fifteen (15)
minutes West 237 feet, more or less, to a point in the centerline
of Good Hope Road; thence along the centerline of Good Hope Road,
North thirty -one (31) degrees West 207 feet, more or less, to the
point and place of BEGINNING.
HAVING thereon erected a single dwelling with improvements known
and numbered as 1010 Good Hope Road, Mechanicsburg, Pennsylvania.
SUBJECT, nevertheless to a Right of Way granted to Hampden
Township as recorded in Miscellaneous Book 205, Page 1050 in the
Cumberland County Recorder of Deeds Office.
BEING part of and the remaining parcel of the premises which M.
William Brinton and Eva B. Brinton, his wife, by deed dated May
18, 1957 and recorded in the Cumberland County Recorder of Deeds
Office on May 18, 1957 in Deed Book "U ", Volume "17 page 432,
granted and conveyed unto Brinton H. Steigleman and Ida E.
Steigleman, his wife. Brinton H. Steigleman died on July 26,
1991, whereupon fee simple title vested in his wife, Ida E.
Steigleman.
THIS transfer of real estate is made without a formal Order of
Court pursuant to 20 Pa.C.S.A. Section 3326 as no bond was
required by the Register of Wills of Cumberland County when
granting Letters of Administration CTA to Kenneth B. Steigleman,
Administrator CTA.
TO HAVE AND TO HOLD the said messuage or tenement and tract of
land, heriditaments and premises hereby granted and released, or
mentioned and intended so to be, with the appurtenances, unto the
said Grantee, his heirs and assigns, to and for the only proper
use and behalf of the said Grantee, his heirs and assigns,
forever.
Ciiur �3 ,
�? �3
AND THE SAID GRANTOR, Administrator CTA, as aforesaid, his
successors and assigns does covenant, promise and agree to and
with the said Grantee, his heirs and assigns, by these presents,
that the Grantor has not done, committed any act, matter or thing
whatsoever whereby the premises hereby granted, or any part
thereof, is, are shall or may be impeached, charged, or encumbered
in title in title, or otherwise, howsoever.
IN WITNESS WHEREOF, the said Administrator CTA of the Estate of
Ida E. Steigleman, deceased, Grantor herein, has hereunto set his
hand and seal the day and year above written.
Signed, Sealed and Delivered
in the Presence of
ADa+ 00EAL )
Kenneth B. SteigYAman,
Administrator CTA
of the Estate o� Ida E. Steiglen
COMMONWEALTH OF PENNSYLVANIA
SS.
COUNTY OF CUMBERLAND
On this, the D day of January, 1999, before me,, the
undersigned officer, personally appeared Kenneth B. Steigleman,
Administrator CTA, known to me (or satisfactorily proven) to be
the person who was granted letters of Administration CTA by the
Register of wills of Cumberland County, as described in the
foregoing instrument, and acknowledged that he executed the same
in the capacity therein stated and for the purposes therein
contained. *of the Estate of Ida E. Steigleman,
IN WITNESS WHEREOF, I hereunto set my hand and official seal. &22
Notary Vablic (S
My Commission Expires:
Notarial Seal
Notarial Seal Jan Bayless, Notary Public
Jan Bayless, Notary PublIC Wampdan TWp., Cumberland Co,:
Hampden Twp., Cumberland Counttyy My Commiealon Expires May 2?
MyCommission Expires May 28, 2001 . Motnbor, psnn:,ywrila Association t- ..
Member, Pennsylvania Association M Notaries
1 , 93 354 8mm LW Twerm W.
A/1 �� 9 q
CERTIFICATE OF RESIDENCE
Post I do hereby certify that the precise residence and complete
1 - a �d, g s of,�twithin named rantee
C s
° l iX
, 0 r s l � - 1 r7057 January a 1999
A ° "� 1
L =w y for Grantee
COMMONWEALTH OF PENNSYLVANIA ,
COUNTY OF CUMBERLAND SS.
RECORDED on this c^ day of
19 ���- J
in the Recorder's Office of he said Count
Deed` ook � � , Volume y, in
Given under my hand and the seal of said - Office, the
date above written.
Recorder.
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY2 c
Ronny R Anderson -v3
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Sheriff zrT1 r` �t
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Jody S Smith N
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Richard W Stewart t
Solicitor .H..r;°1P- c�
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Frank C Mellott
vs. Case Number
Amel Mehanovic(et al.) 2013-2180
SHERIFF'S RETURN OF SERVICE
04/25/2013 07:40 PM - Deputy Tim Black, being duly sworn according to law, served the requested Complaint&
Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to
wit: Amel Mehanovic at 1008 Good Hope Road, Hampden Township, Mechanicsburg, PA 17050.
TIM B ACK, DEPUTY
04/25/2013 07:40 PM- Deputy Tim Black, being duly sworn according to law, served the requested Complaint&
Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to
wit: Amela Mehanovic at 1008 Good Hope Road, Hampden Township, Mechanicsburg, PA 17050.
TIM BLACK, DEPUTY
SHERIFF COST: $64.76 SO ANSWERS,
April 29, 2013 RONNY R ANDERSON, SHERIFF
, n:� a e ma,r eoso`t'a;c.
MICHAEL L. BANGS,ESQUIRE ATTORNEY FOR PLAINTIFF
BANGS LAW OFFICE, LLC
I.D. NO. 41263
429 SOUTH 18TH STREET
CAMP HILL, PA 17011
(717) 730-7310
FRANK C. MELLOTT, IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
ACTION FOR QUIET TITLE
AMEL MEHANOVIC and
AMELA MEHANOVIC, his wife, DOCKET NO. 13-2180 CIVIL TERM
Defendants
TO: AMEL MEHANOVIC C=
1008 Good Hope Road
Mechanicsburg, PA 17050 ;0
DATE OF NOTICE: July 11, 2013
=1 C) r1
IMPORTANT NOTICE ' '
AL-
---i
Required by Rule 237.1(a}(2)
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR
DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT
MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
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 FEED OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
(717) 249-3166
BANGS LAW OFFICE, LLC
MICHAEL L. BANGS
Attorney for Plaintiff
MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF
BANGS LAW OFFICE, LLC
I.D. NO. 41263
429 SOUTH 18TH STREET
CAMP HILL,PA 17011
(717) 730-7310
FRANK C. MELLOTT, ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs. )
ACTION FOR QUIET TITLE
AMEL MEHANOVIC and )
AMELA MEHANOVIC, his wife, ) DOCKET NO. 13-2180 CIVIL TERM
Defendants )
TO: AMELA MEHANOVIC
1008 Good Hope Road --
Mechanicsburg, PA 17050
DATE OF NOTICE: July 11, 2013 r.)
IMPORTANT NOTICE - =
Required by Rule 237.1(a)(2)
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR
DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.
UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT
MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
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 FEED OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
1-800-990-9108
(717) 249-3166
BANGS LAW OFFICE, LLC
[ON Wdug � L"
ICHAEL L. BANGS
Attorney for Plaintiff
MICHAEL L.BANGS,ESQUIRE ATTORNEY FOR PLALWI]w
ID No. 41263
Bangs Law Office, LLC
429 South 18'h Street
Z
Camp Hill, PA 17011
(717)730-7310 C)
Email: mikebanps@verizon.net
FRANK C. MELLOT, IN THE COURT OF COMMON AEKS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS.
ACTION FOR QUIET TITLE
AMEL MEHANOVIC and
AMELA MEHANOVIC, his wife, DOCKET NO. 13-2180 CIVIL TERM
Defendants
ANSWER TO COMPLAINT
Defendants,AMEL MEHANOVIC and his wife AMELA MEHANOVIC through self
representation will answer the above referenced Complaint filed against them by FRANK C.
MELLOTT through his attorney Michael L. Bangs.
1. Defendants,AMEL MEHANOVIC and AMELA MEHANOVIC, are adult individuals
who reside at 1008 Good Hope Road,Hampden Township,Cumberland County,
Pennsylvania.
2. Plaintiff,FRANK C. MELLOTT,is an adult individual who resides at 1010 Good
Hope Road,`Hampden Township,Cumberland County,Pennsylvania.
3. AMEL MEHANOVIC and AMELA MEHANOVIC are the owners of the property
known as 1008 Good Hope Road having acquired it by Deed dated July 30,2004
C'Property").Attached hereto and marked as Exhibit A is a true and correct copy of the
Deed.
.4. Plaintiff is neighbor of Amel and Amela Mehanovic and owns the premises which join
the Property.
5. Defendants did not encroach Mellott's property, except for the portion that was
surrounded by fence and used by previous owners of their Property for over 40 years.
The earth dike was built several years ago,not in 2010,to protect defendant's Property
from rain waters and was in line with the fence defendants removed. Defendants only
added more tanbark mulch in 2010. Defendants did cut grass couple of times in
disputed area, but mostly because Mr. Mellott failed to do so for extended period of
time.
6. Request to stop using the portion of the Mellott property was declined by defendants
for several reasons: a)the previous owners had established Consentable property line
that was treated as property line by them,and later by defendants and the plaintiff,up
until 2010,when survey showed that deeded property line was not the same, as actual
Consentable line b) improvements made to disputed area 40 years ago include blacktop
surrounded by granite curbing, fences later removed and replaced by earth dike, electric
power line,bushes and other landscaping improvements.
7. Defendants are not claiming an interest in Mellot's property by way of an unrecorded
subdivision plan referenced as Exhibit B ("Unrecorded Subdivision Plan") and attached
to this paper,but rather through Consentable Line Doctrine,Adverse Possession, or an
easement by necessity(Consentable Line was created to offset for house setback
requirement and earth dike was built to protect property from rain water).
8. Defendants are not claiming the whole section described in the Unrecorded Subdivision
Plan prepared for the previous owners of the Mellott property,but only the part of that
section which was used by previous owners of their Property and them for about 40
years.
2
9. After defendants surveyed their property,plaintiff attained different surveyor,however,
both surveyors clearly showed the deeded property line(not marked by rebar stake)and
the line based on physical evidence and described in the Unrecorded Subdivision Plan
that was properly marked by surveyor rebar stake.Nevertheless, defendants are
claiming only the portion that was surrounded by the fence and which defendants and
their predecessors used for about 40 years.
10. Defendants will not remove the objects_installed in the disputed area about 40 years
ago,because they own disputed area by operation of law a) Consentable Line Doctrine,
b)Adverse Possession, c)easement by necessity.Unless ordered by higher authority,
such as this Honorable Court,defendants will continue to occupy property, as them and
their predecessors did for about 40 years.
11. Defendants will ask for order of higher authority, such as this Honorable Court to
remove objects installed in the disputed area about 40 years ago.
12. Defendants are not trespassing on Mellott property, because they own property by
operation of law a) Consentable Line Doctrine,b)Adverse Possession, c) easement by
necessity.
13. Defendants have legal right to continue using part of Mellott property.
14. Defendants do not want to resort for self-help and are seeking this Honorable Court to
make final decision regarding this case,which defendants will fully respect.
15. Defendants are seeking this Honorable Court to drop all charges and requests made
against them by plaintiff, Mr. Mellott,because they are incorrect and untrue.
3
WHEREFORE, Defendants are requesting this Honorable Court enter the following
order.
A. To recognize the property line that was established by the previous owners about 40
years ago and treated as such by them and current owners until this dispute.
B. Firmly establish the property line based on operation of law and Consentable Line
Doctrine.
C. Drop all charges filed against defendants by Mr. Mellott, including monetary
compensation request for his legal advice fees incurred.
D. Such other relief as this Honorable Court deems appropriate.
RespectNllysubmitte ,
707 3
Amel and Amela Mehanovic
1008 Good Hope Rd.
Mechanicsburg,PA 17050
717-379-8199
4
EXHIBIT A
5
EDS
THIS DEED c� Her -pf,
x'11 12 Zy,
Made,the day of �`'~� in the year two thousand four.(2004)
Between:
BARRY LYNN ERNST of Hampden Township, Cumberland County,
Pennsylvania,Party of the First Part(GRANTOR)
AND
AMEL MEHANOVIC and AMELA MEHANOVIC,husband and wife,
Parties of the Second Part(GRANTEES).
91wesseth_ T1.x in consideration of O\-E H N- DRED SLX-TY T1H0' S.A-\D
(S160.000.00)DOLLARS.in hand paid,the receipt whereof is hereof-a6moxreIIged.*, e
said Grantor does hereby grant and convey to the said Grantees,their heirs and assigns.
ALL THAT CERTAIN house and lot of ground situate in the Township of Hampden,
County of Cumberland, Commonwealth of Pennsylvania,bounded and described as
follows,to wit:
BEGINNING at a point in the center of the public road leading from Wertzville Road to
Good Hope,said point being located South 31 degrees East a distance of 207 feet from
the center of the intersection of the aforesaid road and a public road leading from
Bryson's Bridge to Orr's Bridge Road;thence along lands now or formerly of Brinton H.
Steigleman, et ux,North 59 degrees 15 minutes East,a distance of 237 feet,more or less
to a point in the line of land now or formerly of Harold E. and Doris M. Ireland;thence
along said land now or formerly of Ireland, South 30 degrees 30 minutes East a distance
of 218 feet to a point in line of land now or formerly of James E. Grandone and Virginia
Grandone,his wife;thence along said land now or formerly of Grandone,South 59
degrees 15 minutes West,a distance of 37 feet,more or less,to property now or formerly
of Walter L. Meck and Dolores S. Meek,his wife,thence along said property now or .
formerly of Meck,North 30 degrees 30 minutes West,a distance of 100 feet to a point;
thence continuing along the same, South 59 degrees 15 minutes West a distance of 200
feet to a point in the center of the road leading from Wertzville Road to Good Hope;
thence along the center of said road,North 31 degrees West,a distance of 118 feet to the
place of BEGINNING.
BEING the same premises which Neil M.Kreitzer and Barbara A.Kreitzer,husband and
wife,by their deed dated October 15, 1975,and recorded in the Office of the Recorder of
Deeds in and for Cumberland County in Book H,Volume 26,page 218, granted and
conveyed unto Virginia May Butler as a tenant in common holding one-half interest and
Barry Lynn Ernst and Donna G.Ernst,husband and wife,as a tenant in common holding
the remaining one-half interest. The said Donna G. Ernst died June 29,2002,thereby
b0k- 264 PACE2341
vesting title absolutely in Barry Lynn Ernst as surviving tenant by the entirety,Grantor
herein.
AND ALSO BEING the same premises which Virginia May Butler,by her deed dated
April 28, 1981, and recorded in the Office of the Recorder of Deeds in and for
Cumberland County in Book J,Volume 29,Page 695, granted and conveyed unto Barry
Lynn Ernst and Donna G. Ernst,husband and wife. The said Donna G. Ernst died June
29,2002,thereby vesting title absolutely in Barry Lynn Ernst as surviving tenant by the
entirety,Grantor herein.
UNDER AND SUBJECT nevertheless to restrictions, conditions and easements of prior
record pertaining to said premises.
TOGETHER with all and singular,the tenements,hereditaments and appurtenances to
the same belonging or in anywise appertaining, and the reversion and reversions.
remainder and remainders,rents, issues,and profits thereof;AND ALSO all the estate,
right,title, interest,property,claim and demand whatsoever,both in law and equity,of
the said Party of the First Part,of,in,to or out of the said premises, and every part and
parcel thereof.
TO HAVE AND TO HOLD the said premises,with all and singular the appurtenances
unto the*said Party of the Second Part,his heirs and assigns to and for the only proper use
and behoof of the said Parties of the Second Part,their heirs and assigns forever.
AND the said grantor will Specially Warrant and Forever Defend the property hereby
conveyed.
In witness whereof, said Grantor has hereunto set his hand and seal,the day and year first
above written.
Sealed delivered in the presence of:
Barry Lyft Ernst
Certificate of Residence
I hereby certify,that the precise address of the grantees herein is as follows:
�:�. . QA c-70-5-7D
tto for Grantees
eoox 264 PACE2342
COMMONWEALTH OF PENNSYLVANIA
&iz ss.
COUNTY OF j4f- '/< :F�
On this �i fL day of 4a- � �'' 2004,before me, a Notary Public,
the undersigned officer,personallARns Y LYNN ERNST,known to me(or
satisfactorily proven)to be the person whos cam subscribed to the within instrument,
and acknowledged that he executed the same for the purposes therein contained.
In Witness Whereof,I hereunto set my hand and official seal.
iVotarW
Seat
Rebekah Seaw,Notary PubGc Notary Public i
H=pdenTwp.,Chunbedand county
My Commission Expires March 21,200
Memb®r.Pemsyly"Assodadon v Ndkafft
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VERIFICATION
I hereby verify that the statements made in the foregoing 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 unworn falsification to authorities.
Date: 3
AMEL MEHANOVIC
7
DURABLE POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, that 1, the undersigned, Amela Mehanovic, over the
age of eighteen years, of Cumberland County,from 1008 Good Hope Rd., Mechanicsburg PA
17050, do hereby name, designate, constitute, and appoint, Amel Mehanovic, as my husband,
in my name, place and stead to do either, any or all of the following:
To open accounts in my name at any bank, financial institution, or brokerage firm; to conduct
any and all ordinary business at any bank,financial institution, or brokerage firm in which 1 might
have an account of any kind or nature; to write or draw checks upon any of my accounts;to
endorse checks, promissory notes, drafts, and/or bills of exchange for collection or deposit;to
purchase or sell securities;to waive or to demand notice of protest of all such writings;to settle
and adjust my accounts with any bank, financial institution, or brokerage firm;to open and have
access to any safe deposit box standing in my name at any bank or financial institution; and to
do whatsoever might be necessary and proper to conduct my business affairs with relation to
any banking, lending institution, financial institution, or brokerage firm.
To borrow such sums of money, and upon such terms, as may be advisable or expedient in
relation to any business venture on my behalf or that might be necessary or proper for the
conduct of my business affairs, upon the security of any of my property, either real, personal, or
otherwise, and for such purposes to give and execute, deliver, and acknowledge mortgages
with such powers and provisions as my husband might deem proper, including such notes or
bonds as it is necessary or proper to use therewith.
To collect, ask, demand, sue for, levy, recover, and receive all such sums of money, debts,
rents, goods, wares, dues, accounts, and other demands whatsoever, which are or shall be due,
owing, payable, and belonging to me by any person or persons, partnership association,
company or corporation whatsoever, and in my name,to give effectual and sufficient receipts,
acquittances, or discharges.
To adjust, settle, compromise, or submit to arbitration any accounts, debts, claims, demands,
disputes, and matters which may hereafter arise between me and any other person or persons,
or between my said attorney on my behalf and any other person or persons.
To execute, acknowledge, deliver and cause to be recorded any and all deeds or other writings
which may be necessary or desirable for me to execute, including contracts of sale or deeds,
conveying title to real estate owned by me or in which I have any interest, present or contingent;
and to do, execute and perform all and every other act or acts, thing or things, needful and
necessary to be done in and about any premises which I might own or have an interest in, as
fully and amply to all intents and purposes as I might or could do if I were personally present
and acting. In my name and as my act and deed,to sign, seal, acknowledge, and deliver all
such leases and agreements as shall be requisite or proper in the management of my real
estate.
I hereby ratify and confirm as good and effectual, at law or in equity, all that my attorney in fact,
and any agents and attorneys in fact appointed by my husband in fact.
This power of attorney shall remain in full force and effect and shall not be affected by my
incompetence, incapacity, or disability, it being my intent that the power granted herein shall
continue without interruption until my death, unless revoked by me, or until such time as I am
adjudged incompetent or a disabled person by a court of competent jurisdiction. Any person
dealing with my husband in fact may rely without inquiry upon his/her certification that this
power of attorney has not been revoked. Further, in the event that it becomes necessary that a
guardian or conservator be appointed over my person or estate, 1 request that my husband be
first considered to serve as such conservator or guardian.
My attorney—in—fact shall have all the powers and duties as set forth in the Pennsylvania (your
state)code, and such powers and duties are incorporated by reference as though set forth
herein.
IN WITNESS WHEREOF, I have signed this power of attorney this June 24, 2013.
YOUR NAME
STATE OF fl
COUNTY OF 3,1MtaCt42d SS:
1, a Notary Public in and for said County and State, hereby certify that
�y)n Heha inoUie , personally appeared before me this day and
acknowledged execution of the foregoing as his/her free and voluntary act and deed.
WITNESS my hand and notarial seal this CN day of�
203
Notary Public
NOTARIAL SEAL
TARYN M YOHN
Notary Public
HAMPDEN TWP.,CUMBERLAND COUNTY
My Commission Expires Mar 28,2016
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PRAECIPE FOR LISTING CASE FOR NON JURY TRIAL
2013 AUG 19 FM 2: 21
(Must be typewritten and submitted in triplicate
CUMBERLAND COU14TY
TO THE PROTHONOTARY OF CUMBERLAND COUNTY PENNSYLVANIA
Please list the following case for a TRIAL WITHOUT A JURY.
-------------------------------------------------------------------------------------------------------------------------------
CAPTION OF CASE
jentire caption must be stated in full] (check one)
❑ Civil Action —Law
❑ Appeal from arbitration
W Action for Quiet Title
Frank C. Mellott (other)
(Plaintiff) No. 13-2180 Civil Term
VS.
Amel Mehanovic and Amela Mehanovic,
his wife v
(Defendant)
VS.
Indicate the attorney who will try case for the party who files this praecipe:
Michael L. Bangs, Esquire
Indicate trial counsel for other parties if known:
This case is ready for trial. Signed
Print Name: Michael L angs
Date: f� �6 Attorney for: Plaintiff
Ck-t�SrJsS
�L
AM ME
EL and ALA MEHANOVIC-1 R0 T H P ` 'i` �'�" ` DEFENDANTS
1008 Good Hope Road
Mechanicsburg, PA 17050 u 13 AUG 20 A
(717)379-8199 CI)MBCF�LAHD 000-1 '
Email: amelm @kw.com pENNSYLWhNlA
FRANK C. MELLOT, ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS. )
ACTION FOR QUIET TITLE
AMEL MEHANOVIC and )
AMELA MEHANOVIC,his wife, ) DOCKET NO. 13-2180 CIVIL TERM
Defendants )
FIRST AMENDED ANSWER AND COUNTERCLAIMS
COME NOW the defendants, AMEL MEHANOVIC and his wife AMELA
MEHANOVIC, (hereinafter referred to as "defendants"),through self representation submits
First Amended Answer and Counterclaims to Plaintiff Complaint for Trespassing.
1. Defendants,AMEL MEHANOVIC and AMELA MEHANOVIC, are adult individuals
who reside at 1008 Good Hope Road,Hampden Township, Cumberland County,
Pennsylvania.
2. Plaintiff, FRANK C. MELLOTT, is an adult individual who resides at 1010 Good
Hope Road, Hampden Township,Cumberland County, Pennsylvania.
3. AMEL MEHANOVIC and AMELA MEHANOVIC are the owners of the property
known as 1008 Good Hope Road having acquired it by Deed dated July 30, 2004
("Property"). Attached hereto and marked as Exhibit A is a true and correct copy of the
Deed.
4. Plaintiff is neighbor of Amel and Amela Mehanovic and owns the premises which join
the Property.
1
5. Defendants did not encroach in Mellott's property, because they own disputed area by
operation of law(Consentable Line Doctrine,Adverse Possession). Disputed area was
used by defendants and previous owners of their Property for over 40.years. The earth
dike was built several years ago,not in 2010,to protect defendant's Property from rain
waters and was in line with the fence that was there for over 40 years,which was
removed by defendants. There is blacktop under the dike. Defendants only added more
soil and tanbark in 2010. Defendants did cut grass in disputed area before dike was
built and couple of times later,because Mr. Mellott failed to do so for extended period
of time.
6. Request to stop using the portion of the Mellott property was declined by defendants
for several reasons: a)the previous owners had established Consentable property line
that was treated as property line by them,and later by defendants and the plaintiff, up
until 2010,when survey showed that deeded property line was not the same, as actual
Consentable line b)improvements made to disputed area 40 years ago include blacktop
surrounded by granite curbing, fenced blacktop area along side of the house (fence was
later removed and replaced with earth dike), electric power line,bushes and other
landscaping improvements,property plat and rebar stake installed by surveyor.
7. Defendants are claiming an interest in Mellot's property by way of an unrecorded
subdivision plan referenced as Exhibit B ("Unrecorded Subdivision Plan") and attached
to this paper that falls under Consentable Line Doctrine. Consentable Line was created
back in October 14, 1974 when previous owner of Property was adding addition to the
house and needed additional space to satisfy for zoning setback requirement.
2
8. Although,there is solid evidence to claim whole section of disputed area described in
the Unrecorded Subdivision Plan prepared for the previous owners of the Mellott's
property, defendants are only claiming the part of that area, which was fenced and used
by previous owners of their Property and them for about 40 years. The rest of disputed
area was used by defendant and his predecessors in ownership, but was not fenced.
9. After defendants surveyed their property, plaintiff attained different surveyor,however,
both surveyors clearly showed the deeded property line (not marked by rebar stake) and
the line based on physical evidence and described in the Unrecorded Subdivision Plan
that was properly marked by surveyor rebar stake. Nevertheless, defendants are
claiming only the portion that was surrounded by the fence and which defendants and
their predecessors used for about 40 years.
10. Defendants will not remove the objects installed in the disputed area about 40 years
ago,because they own disputed area by operation of law a) Consentable Line Doctrine,
b)Adverse Possession, c)prescriptive easement, d) easement by necessity. Unless
ordered by higher authority, such as this Honorable Court, defendants will continue to
occupy property, as them and their predecessors in ownership did for about 40 years.
11. Defendants will remove objects installed in the disputed area about 40 years ago only if
ordered by higher authority, such as this Honorable Court, because Mr. Mellott would
not accept any reasonable solution that would resolve this issue.
12. Defendants are not trespassing on Mellott property,because they own property by
operation of law a) Consentable Line Doctrine, b) Adverse Possession, c)prescriptive
easement, d) easement by necessity.
3
13. Defendants are not using part of Mellott's property,because they own disputed area by
operation of law a) Consentable Line Doctrine,b)Adverse Possession, c)prescriptive
easement, d)easement by necessity.
14. Defendants do not want to resort for self-help and are seeking this Honorable Court to
make final decision regarding this case, which defendants will fully respect.
15. Defendants are seeking this Honorable Court to quite title by consentable line doctrine,
adverse possession,prescriptive easement, or easement by necessity. Defendants are
also seeking this Honorable Court to dismiss all charges and requests made against
them by plaintiff, Mr. Mellott,because they are incorrect and untrue.
WHEREFORE;Defendants are requesting this Honorable Court enter the following
order.
A. To recognize the property line that was established by the previous owners about 40
years ago and treated as such by them and current owners until this dispute.
B. Firmly establish the property line based on operation of law: a)Consentable Line
Doctrine,b)Adverse Possession, c)prescriptive easement,d)easement by
necessity.
C. Dismiss all charges filed against defendants by Mr. Mellott, including monetary
compensation request for his legal advice fees incurred.
D. Such other relief as this Honorable Court deems appropriate.
Respectfully sub itte ,
2 2
Amel and Amela Mehanovic
1008 Good Hope Rd.
Mechanicsburg,PA 17050
717-379-8199
4
AFFIRMATIVE DEFENSES
For Affirmative Defenses, Defendants states:
1. A consentable boundary line need not necessarily be a fence, and a boundary line
established by survey is sufficient. Niles v. Fall Creek Hunting Club, Inc., 376 Pa. Super.
260, 545 A.2d 926 (1988)(en banc). The boundary line need not be substantial. Jedlicka
v. Clemmer, 450 Pa. Super. 647, 677 A.2d 1232 (1996).
2. As the Court in Zeglin v. Gahagen, 571 Pa. 321, 812 A.2d 558 (2002)noted, "The
circumstances of unified use,and the physical transfer of possession of the disputed tract,
and continued adverse use thereof and of the conveyed tract as incorporated and unified
whole, show the parties intended to transfer not only the title to the conveyed tract,but
also the possession to the disputed area whose use was integrated with conveyed tract,
notwithstanding the omission from the deed of any mention of the disputed area."
3. Possession of successive occupants may be tacked where each predecessor claimed title
to the property in dispute, and in transferring it to his successor,purported to include it.
Corbin v. Cowan, 716 A.2d 614 (Pa. Super, 1998).
4. When a consentable line is established,the land behind such a line becomes the property
of each neighbor, regardless of what the deed specifies. In essence, each neighbor gains
marketable title to that land behind the lines,which may not have been theirs under their
deeds. Soderberg v. Weisel,455 Pa. Super. 158, 687 A.2d 839(1997).
5. The establishment of a consentable line is not a conveyance of land within the meaning
of the statute of frauds,because no estate is created thereby. Plauchak v. Boling,439 Pa.
Super. 156, 653 A.2d 671 (1995), citing Hagey v. Detweiler, 35 Pa. 409 (1860).
5
Therefore, such a line may be initiated by oral agreement and proved by parol evidence.
Id., citing Beals v. Allison, 161 Pa. Super. 125, 54 A.2d 84 (1947).
6
EXHIBIT A
7
kid, A17
'ZEDS
THIS DEED oy RUG � `pt
r.• ` let Made the of �" in the year two thousand four 04)
Between.
BARRY LYNN ERNST of Hampden Township,Cumberland.County,
Pennsylvania,Party of the First Part(GRANTOR)
AND
AMEL MEHAANOVIC and AMELA MEHANOVIC,husband and wife,
Parties of the Second D'art(GRANTEES).
111wesseth. Tr..at in consideration,of O"NE HL NDVI—D SLX-1rY 7-h'fl-S.A.ND
(5160,O00.00)DOLLARS,in hand paid,the rec eipt,%tereof is her6by acktoxe'fer-24 t
said Grantor does hereby grant and convey to the said Grantees,their heirs and assigns.
ALL THAT CERTAIN house and lot of ground situate m the Township of Hampden,
County of Cumberland,Commonwealth of Pennsylvania,bounded and described as
follows,to witty
BEGINNING at a point in the center of the public road leading from Wermville Read to
Good Hope,said point being located South 31 degrees East a distance of 217 feet fxom
the center of the intersection of the aforesaid read and a public read leading from
Bryson's Bridge to(hr's Bridge Road;thence along lands now or formerly of Brinton H.
Steigleman,et ux,North 59 degrees 15 minutes East,a distance of 237 feet,more or less
to a paint in the line of land now or formerly of Harold E. and Doris M.Ireland;thence
along said land now or formerly of Ireland,South 30 degrees 30 minutes East a distance
of 218 feet to a point in line of land now or formerly of James E.Grandone and Virginia .
Grandone,his wife;thence along said land now or formerly of Grandonc,South 59
degrees 15 minutes West,a distance of 37 feet,more or less,to property now or formerly
of Walter L.Meek and Dolores S..Meek,his wife;thence along said property now or,
formerly,of Meek,North 30 degrees 30 minutes West,a distance of 104 feet to a point;
ihenedc6ntini6i along the same,South 59 degrees 15 minutes West a distance of 200
feet to a point in the center of the road leading from.WertzAlle Road to(`food.Hope,
thence along the center of said road,North.31 degrees West,a distance of 118 feet to the
place of BEGINNING.
BEING the same premises which Neil M.Kreitzer and Barbara A.Kreitzer,husband and
wifey by their deed dated October 15, 1975,and recorded in the Office of the Recorder of
Deeds in and for Cumberland.County in Book H,Volume 26,page 218,granted and
conveyed unto Virginia May Butler as a tenant in common holding one-half interest and
.Barry Lynn Ernst and Donna G.Ernst,husband and wife,as a tenant in common holding
the remaining one-half interest. The said Donna G.Ernst died June 29,2402,thereby
Boas 264 PnE23 ,
vesting title absolutely in Barry Lynn Ernst as surviving tenant by the entirety,Grantor
herein.
AND ALSO BEMG the same premises which Virginia May Butler,by her deed dated
April 28, 198 1,anal recorded in the Office of Recorder of Deeds in and for
Cumberland County in Bonk.J.Volume 29,Page 695,granted and conveyed unto Barry
Lynn Ernst and Donna C,ar,Ernst,husband and wife. The said Donna G.Ernst died June
29,2002,thereby vesting title absolutely in Barry Lynn Ernst as surviving tenant by the
entirety,Grantor herein.
UNDER AND SUBJECT nevertheless to restrictions,conditions and easements of prior
record pertaining to said premises.
TOGETHER with all and sfiWilar,the tenements,hereditaments and appurtenances to
the same belonging or in anywise appertaining,and the reversion and reversions,
remainder and remainders,rents,issues,and profits thereof;AND ALSO all the estate,
right,title,interest,property,claim and demand whatsoever,both in law and equity,of
the said Party of the First Part,of;in,to or out of the said premises,and every part and
parcel thereof.
To HAVE AND TO HOLD the said premises,with all and singular the appurtenance
unto the'said Party of the Second Part,his heirs and assigns to and for the only proper use
and boof of the said Parties of the Second Part,their heirs and assigns forever.
AND the said grantor will Specially Warrant and Forever Defend the property hereby
conveyed.
In w less wk mf,said Grantor has hereunto set his hand and seal,the day and'year first . .
above written.
Sealed delivered in the presence of
Barry Lyda E:rn t
Ce W&ate ref Reodence
I hereby certify,that the precise address of the grantees herein is as follows:
tto f-r Grantees
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VERIFICATION
I hereby verify that the statements made in the foregoing 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: S
AMEL MEHANOVIC
7
AkEns EnginEEring AssociatEs, Inc,
219 East Main Street Phone (717) 975-9933
Shiremanstown, PA 17011 Fax: (717( 975-5507
January 30, 2012
Amel and Amela Mehanovic
1008 Good Hope Rd.
Mechanicsburg, PA 17050
Re: Property Survey— 1008 Good Hope Road
Hampden Township, Cumberland County
Dear Mr. and Mrs. Mehanovic:
Attached you will find a property plat for the above referenced property. The plat depicts the
results of the property survey that you hired us to perform.
It shows your deeded property line as well as a triangular area along your northern property line.
This area is the area that is depicted as being conveyed to Neil Kreitzer from Brinton H. Steigleman on
the"Subdivision Plan NO. 1 for Brinton H. & Ida E. Steigleman",prepared by Michael C. D'Angelo,
dated October 14, 1974.
The attached plat also shows the type and location of all corner monumentation, both found and
set. You will note that an iron pin was found at the location of the"additional" 9.59' in the northern
most corner of the property.
Please feel free to contact me if you have any further questions or need any additional
information.
Very trulv yours,
Akins EnglneWng Assodates Inc.
Scott W. Akens P.E., P.L.S.
President
Enclosures
file 394-1
X:394-1-slsurvey letter.doc
www.akensengineering.com
AREA DESCRI8ED ON .3 Found
4" Re ,�
PREPARED BY MICHAE .Q CELO o-
'FOR BRINTCA AND IDA ItIGLEN(AN
DATED OCTOBER OCTOBER 14r �t974. t F N.
O:
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3/4" Rebar
t.. .. Set : '3/4" Rebar
€ r - Found
ti6
00 x Q
y /4" Rebar
y
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I hereby certify that this plan is correct
and accurate to the best of my knowledge. °
p St REGISTERED o Professional Land Surveyor 1/30/2012 RI.AL PHOTO1=EATURES ARE ,
w APPROXIMATE LOCATIONS
T
PROFESSIONAL
SCOTT WILLIAM AKENS9 ' Akens Engineering Associates, Inc. Property Sketch for Amel Mehanovic DATE: 1/30/2012
LAND 219 E.Main St. Shiremanstown,Pa. 17011 DRAWN BY: D E J
SURVEYOR (P)717-975-9933 (F)717-975-5507 A m e l and A m e l a M e h a n o vi c
A SU-075172 P www.akensengineering.com 1008 Good Ho Rd. " '
Hope SCALE: 1 =50
Providing Quality Engineering&Surveying Mechanicsburg, Pa 17050 Tax
S Y L v Services since 1983." Parcel # 10 17 1033 100 INC. 394-1—S
VERIFICATION
I hereby verify that the statements made in the foregoing 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:
AMEL MEHANOVIC
9
FRANK C. MELLOTT, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
AMEL MEHANOVIC AND
AMELA MEHANOVIC, HIS WIFE,
PLAINTIFFS 13-2180 CIVIL TERM
ORDER OF COURT
AND NOW, this 0 day of August, 2013, upon receipt of the
praecipe listing this case for a nonjury trial, and after review of the file, we schedule a
pretrial/settlement conference pursuant to Pa.R.C.P. Nos. 212.3 and 212.5 for the 25th
day of September, 2013 at 10:30 a.m., in Courtroom Number 1. The parties and
counsel, if they are represented, shall appear at the conference prepared to consider
the simplification of the issues; settlement and/or mediation of the case; and such other
matters as may aid in the disposition of the action.
Pursuant to Local Rule 212-4 each party shall submit a pretrial memorandum to
the Court Administrator and serve a copy of all other parties, no later than September
20, 2013. The memorandums shall set forth the following:
1. A brief statement of the factual issues.
2. A statement of the principal legal issues.
3. Identity of the witnesses to be called.
4. A list of exhibits with brief identification of each.
5. The current status of settlement negotiations including a statement as to
whether an alternative dispute resolution option has been utilized.
By the Court,
VINVAIASNN31d
AM103 IONV71838Wno
9Z gnv Albert H. Masland, J.
00
I)
,/4ichael L. Bangs, Esquire
For Plaintiff
Amel Mehanovic; Pro se
i/ Amela Mehanovic, Pro se
1008 Good Hope Road
Mechanicsburg, PA 17050
Court Administrator
:sal
FRANK C. MELLOTT, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
COUNTY,
PENNSYLVANIA
vs. )
ACTION FOR QUIET TITLE
AMEL MEHANOVIC and )
AMELA MEHANOVIC, his wife, ) NO. 13-2180 CIVIL TERM
Defendants )
ORDER
AND NOW this day of Ow Ae'— , 2013, upon the
request of Plaintiff and concurrence by Defendants, the pretrial/settlement conference originally
scheduled in the above matter for September 25, 2013 at 10:30 a.m. is rescheduled to November
14,2013 at 2:00 p.m.
The parties shall submit a pretrial memorandum pursuant to Local Rule 212-4 and as
described in the Order of Court dated August 26, 2013 to the Court Administrator and serve a
copy on all other parties no later than.November 8, 2013.
BY THE COURT,
4RTH. 1VIASLAND, J.
✓iiji chael L Bai'6; Es6, ve
For Plaintiff
429 South 18th Street
Camp Hill, PA 17011
Amel Mehanovic,.Pro Se
Amela Mehanovic, Pro Se
1008 Good Hope Road
Mechanicsburg; PA 1.7050 r :'
:=
Court Administrator JNA �
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FRANK C. MELLOTT, : IN THE COURT OF COMMON PLEAS OF
PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA
V. •
•
•
AMEL MEHANOVIC AND •
AMELA MEHANOVIC, HIS WIFE, •
PLAINTIFFS : 13-2180 CIVIL TERM
ORDER OF COURT
AND NOW, this day of October, 2013, the pretrial/settlement
conference scheduled for November 14, 2013 at 2:00 p.m., shall now commence at
1:00 p.m. instead of 2:00 p.m.
By the Court,
Albert H. Masland, J.
Michael L. Bangs, Esquire
For Plaintiff
Amel Mehanovic, Pro se
Amela Mehanovic, Pro se
1008 Good Hope Road
Mechanicsburg, PA 17050
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AMEL and AMELA MEHANOVIC DEFENDANTS
1008 Good Hope Road
Mechanicsburg, PA 17050
(717)379-8199
Email: amelm @kw.com
FRANK C. MELLOT, ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
) PENNSYLVANIA
vs. )
) ACTION FOR QUIET TITLE
AMEL MEHANOVIC and )
AMELA MEHANOVIC, his wife, ) DOCKET NO. 13-2180 CIVIL TERM
Defendants )
SECOND AMENDED ANSWER AND COUNTERCLAIMS
COME NOW the defendants, AMEL MEHANOVIC and his wife AMELA
MEHANOVIC, (hereinafter referred to as "defendants"), through self representation submits
Second Amended Answer and Counterclaims to Plaintiff Complaint for Trespassing. 2
1. Admitted.
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2. Admitted. .._� ,,
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3. Admitted. o L
4. Admitted.
5. Denied as stated. Defendants did not encroach in Mellott's property, because they own
disputed area by either operation of law(Consentable Line Doctrine, Adverse
Possession), or because it was purchased by the previous owners of their property, or
they have an easement over disputed area. Improvements that were completed by the
previous owners 40 years ago indicate that disputed area was used by defendants and
previous owners of their Property for over 40 years. The earth dike was built before
2010, to protect defendant's Property from rain waters and was in line with the fence
that was there for over 40 years (Exhibit B, photographs), which was later removed by
1
defendants and replaced by the earth dike. There is still blacktop under the earth dike,
which is shown in Exhibit. Defendants only added more soil and tanbark in 2010.
6. Denied as stated. Request to stop using portion of disputed triangular area was declined
by defendants, because they own disputed area by either operation of law(Consentable
Line Doctrine, Adverse Possession), or because it was purchased by the previous
owners of their property, or they have an easement over disputed area. Unrecorded
Property Plat dated Oct. 14, 1974 that was prepared by Michael C. D' Angelo and
properly marked by rebar stake along with the improvements made to disputed area 40
years ago that include: blacktop surrounded by granite curbing, fenced blacktop area
along side of the house (fence was later removed and replaced with earth dike), electric
power line, bushes and other landscaping improvements.
7. Admitted in part, denied in part. It is admitted that defendants are claiming an interest
in disputed area by way of an unrecorded subdivision plan referenced as Exhibit A
("Unrecorded Subdivision Plan") and attached to this paper, but in addition defendants
are also claiming an interest in disputed area by operation of law(the land was
occupied by the defendants and their predecessors in ownership for over 40 years. The
Unrecorded Property Plat was created back in October 14, 1974 when previous owner
of Property was adding addition to the house and needed additional space to satisfy for
zoning side setback requirement.
8. Admitted as stated. Defendants own a triangular shaped section that is depicted as
being conveyed to Neil Kreitzer from Brinton H. Steigleman on the Unrecorded
Subdivision Plan"Subdivisions Plan NO.1 for Brinton H. & Ida E. Steigleman"'
prepared by Michael C. D'Angelo, dated October 14, 1974. The same plat was properly
2
Possession), or because it was purchased by the previous owners of their property, or
they have an easement over disputed area.
14. Defendants do not want to resort for self-help and are seeking this Honorable Court to
make final decision regarding this case.
15. Defendants are seeking this Honorable Court to quite the title and recognize property
line as depicted in Unrecorded Property Plat.
16. Defendants are also seeking this Honorable Court to dismiss all charges and requests
made against them by the plaintiff, Mr. Mellott, because they are incorrect and untrue.
WHEREFORE, Defendants pray this Honorable Court enter the following order.
A. To recognize the property line that was established by the previous owners 40 years
ago and treated as such by them and current owners.
B. Firmly establish the property line according to the Unrecorded Property Plat as
being the actual property line between the properties.
C. Require Plaintiff to pay all of Defendants' costs, including counsel fees incurred.
D. Dismiss all charges filed against defendants by Mr. Mellott, including monetary
compensation request for his legal advice fees incurred.
E. Such other relief as this Honorable Court deems appropriate.
R s ec 11 submitted,
,,,,/,#/
Amel and Amela Mehanovic
1008 Good Hope Rd.
Mechanicsburg, PA 17050
717-379-8199
4
AFFIRMATIVE DEFENSES
For Affirmative Defenses, Defendants states:
1. The boundary line between Properties was established by the surveyor as depicted in the
Unrecorded Property Plat and with the mutual agreement of the previous owners. The
previous owners of our Property lived next to the Stieglemans for 24 years and during
that period Stieglemans fully honored the property line as depicted in Unrecorded
Property Plat. A consentable boundary line need not necessarily be a fence, and a
boundary line established by survey is sufficient. Niles v. Fall Creek Hunting Club, Inc.,
376 Pa. Super. 260, 545 A.2d 926 (1988)(en banc). The boundary line need not be
substantial. Jedlicka v. Clemmer, 450 Pa. Super. 647, 677 A.2d 1232 (1996).
2. Nevertheless, it is obvious from documentation provided and physical evidence on the
ground that the previous owners had transferred the tract of land. As the Court in Zeglin
v. Gahagen, 571 Pa. 321, 812 A.2d 558 (2002) noted, "The circumstances of unified
use, and the physical transfer of possession of the disputed tract, and continued adverse
use thereof and of the conveyed tract as incorporated and unified whole, show the parties
intended to transfer not only the title to the conveyed tract, but also the possession to the
disputed area whose use was integrated with conveyed tract, notwithstanding the
omission from the deed of any mention of the disputed area."
3. The possession of disputed area started back on Oct. 14, 1974 and was uninterrupted for
40 years. Possession of successive occupants may be tacked where each predecessor
claimed title to the property in dispute, and in transferring it to his successor, purported to
include it. Corbin v. Cowan, 716 A.2d 614 (Pa. Super, 1998).
5
4. When a consentable line is established, the land behind such a line becomes the property
of each neighbor, regardless of what the deed specifies. In essence, each neighbor gains
marketable title to that land behind the lines, which may not have been theirs under their
deeds. Soderberg v. Weisel, 455 Pa. Super. 158, 687 A.2d 839 (1997).
5. The establishment of a consentable line is not a conveyance of land within the meaning
of the statute of frauds, because no estate is created thereby. Plauchak v. Boling, 439 Pa.
Super. 156, 653 A.2d 671 (1995), citing Hagey v. Detweiler, 35 Pa. 409 (1860).
Therefore, such a line may be initiated by oral agreement and proved by parol evidence.
Id., citing Beals v. Allison, 161 Pa. Super. 125, 54 A.2d 84 (1947).
6
EXHIBIT A
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EXHIBIT B
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ng before dispute in line r extending into disputed area.
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moved by x , the wood that was
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and pieces of fence previous owner and
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Fence that was removed and
replaced with earth dike.
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EXH ( 3T C
Akens Engineering Associates,Inc.
219 East Main Street Phone 1717)975-9933
- Shiremanstown,PA 17011 Fax: 1717)975-5507
January 30,2012
Amel and Arnela Mehanovic
1008 Good Hope Rd.
Mechanicsburg,PA 17050
Re: Property Survey—1008 Good Hope Road
Hampden Township,Cumberland County
Dear Mr.and Mrs.Mehanovie:
Attached you will find a property plat for the above referenced property. The plat depicts the
results of the property survey that you hired us to perform.
It shows your deeded property line as well as a triangular area along your northern property line.
This area is the area that is depicted as being conveyed to Neil Kreitzer from Brinton H.Steigleman on
the"Subdivision Plan NO. I for Brinton H.&Ida E.Steigleman",prepared by Michael C.D'Angelo,
dated October 14, 1974.
The attached plat also shows the type and location of all corner monumentation,both found and
set. You will note that an iron pin was found at the location of the"additional"9.59'in the northern
most corner of the property.
Please feel free to contact me if you have any further questions or need any additional
information.
Very truly yours.
Akens Engineering As att ,Inc.
Scott W.Akens P.E.,P.L.S.
President
Enclosures
file 394-1
Xa3941-stsurvey letter.doc
www,akensengineering.com
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VERIFICATION
We hereby verify that the statements made in the foregoing are true and correct. We
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: 8/7/14
AMEL MEHANOVIC
Date: . J €JL&1L
AMELA MEHANOVIC
18
FRANK C. MELLOTT, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
AMEL MEHANOVIC AND : '=
AMELA MEHANOVIC, HIS WIFE, z -
DEFENDANTS : 13-2180 CIVIL TERM
IN RE: PRETRIAL CONFERENCE
�> ',,.
Following a pretrial conference held on November 14, 2013, attendebyTlairiff
and his counsel Michael L. Bangs, Esquire, and by the Defendants appearing Pro se,
we ORDER AND DIRECT as follows:
1. The filing of Defendants' Second Amended Answer and Counterclaim on
November 7 is retroactively approved as if leave of court had been sought
appropriately.
2. Defendants are advised that no further amended answer or counterclaim will
be permitted and that they must adhere to the Pennsylvania Rules of Civil
Procedure.
3. The parties are encouraged to use their best efforts to resolve this case. In
the absence of a full resolution; however, the court sets this matter for a
nonjury trial on Monday, December 23, 2013, at 10:00 a.m.
By the Court,
Albert H. Masland, J.
-..I�ichael L. Bangs, Esquire
For Plaintiff
Amel Mehanovic, Pro se
Amela Mehanovic, Pro se
1008 Good Hope Road
Mechanicsburg, PA 17050 (�I
Court Administrator .. L5ec4L
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COP I es /7&14 LL
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•
FRANK C. MELLOTT, IN THE COURT OF COMMON PLEA Off.;
Plaintiff CUMBERLAND COUNTY, PENNSYL F TI.
m w c.
V. ACTION FOR QUIET TITLE
cn�
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AMEL MEHANOVIC AND • +-" -
AMELA MEHANOVIC, his wife, i
Defendants • 13-2180 CIVIL TERM
ORDER OF COURT
AND NOW, this 23rd day of December, 2014 , this being the
time set for the nonjury trial in the above matter, and the parties
having presented a global settlement, we summarize it as follows :
1 . This settlement encompasses all of the Plaintiff ' s
claims as well as the claims raised by the
Defendants in their Answer and Counterclaims .
2 . Plaintiff ' s counsel has prepared a joint easement which
has been marked as Plaintiff ' s Exhibit A and admitted
into the record.
3 . Plaintiff ' s attorney shall prepare a joint easement,
which shall be recorded after the Defendants and
Plaintiff sign the same.
4 . Defendants agree to sign and return the joint easement
within 30 days of today' s date . Should they fail to
return the easement, this settlement shall be
nullified, and Plaintiff may relist this matter for
trial .
5 . Upon filing of the joint easement, the parties agree to
sign a Praecipe marking the case settled and
discontinued.
By the Court,
Albert H. Masla '. , J.
V
•
(Mellott v. Mehanovic (13-2180 Civil)
Michael L. Bangs, Esquire
For the Plaintiff
//Agel Mehanovic, Pro Se
Amela Mehanovic, Pro Se
1008 Good Hope Road
Mechanicsburg, PA 17050
:vae
co_ i tic
/.2. ?.3//3
MICHAEL L. BANGS, ESQUIRE ATTORNEY FOR PLAINTIFF
I.D. No. 41263
Bangs Law Office, LLC
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
FRANK C. MELLOTT, ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
) PENNSYLVANIA
vs. )
) ACTION FOR QUIET TITLE
AMEL MEHANOVIC and )
AMELA MEHANOVIC, his wife, ) DOCKET NO. 13-2180-CIVIL TERM
Defendants )
,c~
PRAECIPE rn r ;.
ter-
TO THE PROTHONOTARY: da 4 ..
Please mark the above-referenced matter settled and discontinued.
CJ
Respectfully submitted, 00 •
BANGS LAW OFFICE, LLC
Date: //``/A _
MI AEL L. BANGS
Attorney for Plaintiff
429 South 18th Street
Camp Hill, PA 17011
(717) 730-7310
Supreme Court ID #41263
Date: //2-0/110
AMEL MEHANOVIC, pro se
Date: //2-°Alf v"e G
AMELA MEHANOVIC, pro se