Loading...
HomeMy WebLinkAbout14-5242 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotaiy UseOnh,: Civil Cover Sheet Docket No: Cumberland Count �i✓� y �f - SZy Z � The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required bylaw or rules of court. Commencement of Action: S ❑x Complaint ❑ Writ of Summons ❑ Petition E E] Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiffs Name: Lead Defendant's Name: T Harold W. Morgan William M. Meehan I Are money damages requested? El Yes M No Dollar Amount Requested: ❑within arbitration limits (check one) []outside arbitration limits N Is this a Class Action Suit? ❑Yes D No Is this an MDJAppeal? ❑ Yes El No A Name of Plaintiff/Appellant's Attorney: Wayne F.Shade, Esquire ❑ Check here if you have no attorney(are a Self-Represented lPro Sel Litigant) 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 8Dept.of Transportation ElPremises Liability Statutory Appeal:Other S ❑ Product Liability(does not include E mass tort) [3 Employment Dispute: ElSlander/Libel/Defamation Discrimination C ❑ Other: ❑ Employment Dispute:Other ❑ Zoning Board T ❑ Other: I ❑ Other: O MASS TORT ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort-DES ❑ Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste Other: ❑ Ejectment ❑ Common Law/Statutory Arbitration B ❑ Eminent Domain/Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑Non-Domestic Relations ❑ Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY ❑ Mortgage Foreclosure:Commercial ❑Quo Warranto ❑ Dental ❑ Partition ❑Replevin ❑ Legal 0 Quiet Title ❑Other: ❑ Medical ❑ Other: ❑ Other Professional: Updated 1/1/2011 v HAROLD W. MORGAN and : INj T�E�A�OF ��PE�SYLVANIA EAS OF JOYCE K. MORGAN, Plaintiffs : CIVIL ACTION—LAW V. NO. 2014 - CIVIL TERM WILLIAM M. MEEHAN and JOICE A. MEEHAN, Defendants : ACTION TO QUIET TITLE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim of relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166r -< Wayne . Shade,Esquire ' Supreme Court No. 15712 = ti 53 West Pomfret Street Q Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs d /r,s-: Q ?f ,e,#-'-7 3/0�9� HAROLD W. MORGAN and : IN THE COURT OF COMMON PLEAS OF JOYCE K. MORGAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : CIVIL ACTION—LAW V. NO. 2014 - CIVIL TERM WILLIAM M. MEEHAN and JOICE A. MEEHAN, Defendants : ACTION TO QUIET TITLE COMPLAINT AND NOW, come Plaintiffs HAROLD W. MORGAN and JOYCE K. MORGAN, by and through their attorney, Wayne F. Shade, Esquire, and respectfully represent, as follows: 1. Plaintiffs HAROLD W. MORGAN and JOYCE K. MORGAN are adult individuals (hereinafter the "MORGANS") who reside at 235 York Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendants WILLIAM M. MEEHAN and JOICE A. MEEHAN are adult individuals (hereinafter the "MEEHANS") who reside at 311 York Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. On or about October 10, 2002, the MORGANS purchased the real estate premises, with improvements thereon erected, known and numbered as 315 York Road, Carlisle, South Middleton Township, Cumberland County, Pennsylvania, from Vernon E. Calaman and Doris`E. Calaman (hereinafter the "Calamaris"). 4. The Calamans purchased the property in question on January 21, 1963, and they owned it continuously thereafter until they sold it to the MORGANS. { 5. The MEEHANS purchased the property where they reside on or about July 25, 2003. 6. The property at 315 York Road shares a common boundary with the property at 311 York Road. 7. More than forty years ago, Vernon E. Calaman erected a chain-link fence precisely on the property line between 315 York Road and 311 York Road. 8. The chain-link fence was erected with the express, oral consent of Myrtle V. James, the then owner of the property at 311 York Road. 9. The chain-link fence has been maintained on the property line, by the Calamans and the MORGANS, continuously since it was erected. 10. The legal description of the property at 315 York Road, Carlisle, South Middleton Township, Cumberland County, Pennsylvania, is, as follows: ALL that certain tract of land with the improvements thereon situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point at the intersection of the northwestern line of a 40 foot service road (said service road having been made in connection with the new Legislative Route No. 799-4 limited access highway) and the northeastern line of York Road, said 40 foot service road being between the premises herein conveyed and the premises of Ralph K. Kissinger; thence in a northeasterly direction along the northwestern side of said 40 foot service road, a distance of 287 feet, more or less, to a point, said point being the intersection of the extension of the northwestern line of said service road and the southwesterly line of said service road (said service road turning here by an arc with a small radius); thence in a northwestern direction along the southwestern line of said service road, a distance of 123.5 feet, more or less, to an iron pipe; thence in a southwesterly direction along a row of trees dividing the property herein conveyed and other property now or formerly of George H. James and Myrtle V. James, his wife, a distance - 2 - J of 287 feet, more or less, to an iron pipe on the northeastern line of York Road; thence in a southeasterly direction along the northeastern line of York Road, a distance of 123.5 feet, more or less, to a point, the Place of BEGINNING. HAVING erected thereon a dwelling known as 315 York Road, Carlisle, PA 17013. SUBJECT to the limit of slope of the Commonwealth of Pennsylvania along York Road, the line of the herein described premises along York Road being the required right-of-way line of York Road. BEING the same property which George H. James and Myrtle V. James, his wife, granted and conveyed to Vernon E. Calaman and Doris E. Calaman, his wife, grantors herein, by deed dated January 21, 1963 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania, in Deed Book "T", Volume 20, Page 114. 11. The MEEHANS are claiming that the chain-link fence is on their property and that they own it. WHEREFORE, the MORGANS respectfully request that your Honorable Court issue a decree that the chain-link fence is on the property line between the properties at 315 York Road and 311 York Road and that the chain-link fence belongs to the MORGANS and award such other relief as may be equitable and just. Wayne F. hade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs - 3 - P,. The statements in the foregoing Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and, to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §'4904 relating to unsworn falsification to authorities. Date: September 5, 2014 e K. 1VIorg SHERIFF'S OFFK=E OF CUMBERLAND =O Ronny RAnderson k), i"L Sheriff (�� THE PRO-HnNOr` I`� � � COUNTY PENNSYLVANIA Jody S Smith Chief Deputy Richard W Stewart Solicitor Harold Wilham Morgan (et al.) vs. William M Meehan (et al.) Case Number 2014-5242 SHERIFF'S RETURN OF SERVICE 09/19/2014 10:10 AM - Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Ryan Meehan, son, who accepted as "Adult Person in Charge" for William M Meehan at 311 York Road, South Middleton, Carlisle, PA 17013. DEN FRY, D UTY 09/18/2014 10:10 AM - Deputy Dennis Fry, being duly sworn according to law, served the requested Complaint & Notice by handing a true copy to a person representing themselves to be Ryan Meehan, son, who accepted as "Adult Person in Charge" for Joice A Meehan at 311 York Road, South Middleton, Carlisle, PA 17013, DENNKSFRY DEP SHERIFF COST: $51.27 SO ANSWERS, September 22, 2014 RONNYRANDERSON, SHERIFF (c.) CounhiSuite Sheriff, Toleosoft, HAROLD W. MORGAN and : IN THE COURT OF COMMON PLEAS OF JOYCE K. MORGAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : CIVIL ACTION — LAW `0 r.) L7 int_ V. : NO. 2014 — 5242 CIVIL TERM rn _- mss-' w , WILLIAM M. MEEHAN and ® JOICE A. MEEHAN, t-, _ t Defendants : ACTION TO QUIET TITLE = _'t N STIPULATION AND NOW, this /9a day of Dece,r b e r' , 2014, come Plaintiffs HAROLD W. MORGAN and JOYCE K. MORGAN and Defendants WILLIAM M. MEEHAN and JOICE A. MEEHAN, by and through their respective attorneys, Wayne F. Shade, Esquire, and Hubert X. Gilroy, Esquire, of Martson Law Offices, and with regard to the above -captioned matter, stipulate and agree, as follows: 1. The chain-link fence between the properties at 311 York Road, Carlisle, Cumberland County, Pennsylvania, and 315 York Road, Carlisle, Cumberland County, Pennsylvania, is on the property line between the properties. 2. The chain-link fence is the property of Plaintiffs. 3. Defendants will not damage or remove the fence and will not interfere with the Plaintiffs' maintenance of the fence in its current location. The right of the Plaintiffs to maintain the fence in its current location is not deemed to be an approval for the Plaintiffs or their agents to enter on the property of the Defendants. 4. Plaintiffs agree that there shall be no herbicides or poisons sprayed into the yard of the Defendants while Plaintiffs are maintaining their fence. 5. The parties agree that this Stipulation and subsequent Court Order incorporating the Stipulation represents a mutual release of the parties in connection with any prior matters relating to the fence in question. 6. The Order issued pursuant hereto will be binding upon any successors in title of the Defendants. 7. It is the desire and intention of the parties hereto that this Stipulation be filed in the Court of Common Pleas of Cumberland County, Pennsylvania, and that the foregoing proposed Order of Court be endorsed by the Court so as to have the full effect thereof. MARTSON LAW OFFICES Wayne F. Shade, Esquire Attorney for Plaintiffs By: Hubert X. ilroy, Esq Attorneys for Defend,, nts We verify that the statements made in the foregoing Stipulation are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: De c e.M\Per 29, 2 o 4 Y Harold Zol-cp/Wfer orga ioyy e K. Morgai We verify that the statements made in the foregoing Stipulation are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: Dec e,vb er I q, 201q William M. Meehan HAROLD W. MORGAN and JOYCE K. MORGAN, Plaintiffs : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — LAW v. : NO. 2014 — 5242 CIVIL 1hRM WILLIAM M. MEEHAN and JOICE A. MEEHAN, Defendants : ACTION TO QUIET TITLE ORDER OF COURT I4 AND NOW, this .5 ,day of (AA ., 201‘, Plaintiffs HAROLD W. MORGAN and JOYCE K. MORGAN and Defendants WILLIAM M. MEEHAN and JOICE A. MEEHAN, represented by their independently selected private counsel, respectively, Wayne F. Shade, Esquire, and Hubert X. Gilroy, Esquire, of Martson Law Offices, and having stipulated and agreed with regard to the issues presented in the above -captioned matter, it is hereby ordered and decreed, as follows: 1. The chain-link fence between the properties at 311 York Road, Carlisle, Cumberland County, Pennsylvania, and 315 York Road, Carlisle, Cumberland County, Pennsylvania, is on the property line between the properties 2. The chain-link fence is the property of Plaintiffs. 3. Defendants will not damage or remove the fence and will not interfere with the Plaintiffs' maintenance of the fence in its current location. The right of the Plaintiffs to maintain the fence in its current location is not deemed to be an approval for the Plaintiffs or their agents to enter on the property of the Defendants. 4. Plaintiffs agree that there shall be no herbicides or poisons sprayed into the yard of the Defendants while Plaintiffs are maintaining their fence. i 5. The parties agree that this Stipulation and subsequent Court Order incorporating the Stipulation represents a mutual release of the parties in connection with any prior matters relating to the fence in question. 6. The Order issued pursuant hereto will be binding upon any successors in title of the Defendants. By the Court, `Wayne F. Shade, Esquire Attorney for Plaintiffs Hubert X. Gilroy, Esquire Martson Law OFfices Attorneys for Defendants C 1 &L i sits \\No. u4 \\o/ HAROLD W. MORGAN and : IN THE COURT OF COMMON PLEAS OF JOYCE K. MORGAN, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : CIVIL ACTION — LAW v. : NO. 2014 — 5242 CIVIL TERM WILLIAM M. MEEHAN and JOICE A. MEEHAN, Defendants TO: David D. Buell, Prothonotary paid. : ACTION TO QUIET TITLE PRAECIPE Please mark the docket in the above matter "Settled and Discontinued" with costs Date: January 12, 2015 Wayne . Shade, Esquire Supreme Court ID # 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiffs YD fT.