HomeMy WebLinkAbout05-2077
ADG-1300 PLAZA WEST
ASSOCIATES, a Limited Partnership
: IN THE COURT OF COMMON PLEAS 0
: CUMBERLAND COUNTY, PENNSYLV IA
Plaintiff,
v.
: Civil Action No. O~ - J.C77
{!, ~L T~
BOROUGH OF LEMOYNE, DAVID J.
and SANDRA K. CORDIER, husband and : ACTION TO QUIET TITLE
and wife, ESTATE OF STANLEY D.
ADLER, JR., CHARLES ADLER III and
ESTATE OF STANLEY ADLER as
Co-Trustees of the TRUST UNDER WILL
OF CHARLES ADLER II,
CORNERSTONE DEVELOPMENT
GROUP, and PENNSYL V ANIA-
AMERICAN WATER COMPANY,
Defendants.
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth n the
following pages, you must take action within twenty (20) days after this Complaint and Nice
are served, by entering a written appearance personally or by attorney and filing in writing ith
the Court your defenses or objections to the claims set forth against you. Y Oil are warned at 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 oth r
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 OT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. HIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA WY R.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER L GAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD ST.
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
AVISO
USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las dema das
que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los
proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando
personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Co e por
escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se e
advierte de que si usted falla de tomar accion como se describe anteriormente, el caso pued
proceder sin usted y un fallo por cualquier suma de dinero rec1amada en la demanda 0 cual uier
otra rec1amacion 0 remedio solicitado por el demandante puede ser dictado en contra suya or la
Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos
importantes para usted.
USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENT . SI
USTED NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA. ST A
OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGU UN
ABOGADO.
SI USTED NO PUEDE P AGAR POR LOS SERVICIOS DE UN ABOGADO, ES POS LE
QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS UE
OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS UE
CUALIFICAN.
CUMBERLAND COUNTY BAR ASSOCIATION
32 S. BEDFORD ST.
CARLISLE, P A 17013
(717) 249-3166
(800) 990-9108
MCNEES WALLACE & NURICK LLC
By
I~ L. (}JI
Helen L. Gemmill
LD. No. 60661
Kimberly M. Colonna
LD. No. 80362
100 Pine Street
P.O. Box 1166
Harrisburg, P A 17108-1166
Telephone: (717) 232-8000
Dated: April 20, 2005
2
ADG-1300 PLAZA WEST
ASSOCIATES, a Limited Partnership
: IN THE COURT OF COMMON PLEAS 0
: CUMBERLAND COUNTY, PENNSYLV
Plaintiff,
v.
Civil Action No. OS ~ ;,}c:>"11 ~;J~L
BOROUGH OF LEMOYNE, DAVID J.
and SANDRA K. CORDIER, husband and ACTION TO QUIET TITLE
and wife, ESTATE OF STANLEY D.
ADLER, JR., CHARLES ADLER III and
ESTATE OF STANLEY ADLER as
Co-Trustees of the TRUST UNDER WILL
OF CHARLES ADLER II,
CORNERSTONE DEVELOPMENT
GROUP, and PENNSYLVANIA-
AMERICAN WATER COMPANY,
Defendants.
COMPLAINT
Plaintiff ADG-1300 Plaza West Associates, for its complaint in this action to quiet itle
states as follows:
The Parties
~
1. Plaintiff ADG-1300 Plaza West Associates is a Pennsylvania limited partne ship
with offices at 22 N. Market Square, Harrisburg, PA 17105.
2. Defendant the Borough of Lemoyne (the "Borough") is a municipality with
offices located at 665 Market Street, Lemoyne, Pennsylvania 17043.
3. Defendants David J. Cordier and Sandra K. Cordier, husband and wife (the
"Cordiers"), are adult individuals who reside at 15 North 12th Street, Lemoyne, Pennsylv ia.
4. The Estate of Stanley D. Adler, Jr. and the Trust Under Will of Charles Ad r II
(the "Adlers") are the co-owners of property located at 1249 Market Street, Lemoyne,
Pennsylvania. The Co-Trustees of the Trust Under Will of Charles Adler II are Charles Ad er,
III and the Estate of Stanley D. Adler.
5. Defendant Cornerstone Development Group, Inc. ("Cornerstone") is a
Pennsylvania corporation with offices at I Market Way East, York, Pennsylvania.
6. Defendant Pennsylvania-American Water Company is a Pennsylvania busin ss
corporation with offices at 800 West Hersheypark Drive, Hershey, Pennsylvania, 17033.
The Claimed Premises
7. Plaintiff brings this action pursuant to Pa. R. Civ. P. 1061(b), providing in p
that an action to quiet title may be brought "to determine any right, lien, title or interest in e
land or determine the validity or discharge of any documents, obligation or deed affecting ny
right, lien, title or interest in land."
8. The premises that are the subject of this quiet title action are located in the
Borough of Lemoyne, Cumberland County, Pennsylvania (hereinafter the "Claimed Premi es"),
and are shown as the highlighted area on Exhibit A hereto. The Claimed Premises are furt er
described as follows:
ALL THAT CERTAIN tract or parcel of land located in the
Borough of Lemoyne, Cumberland County, Pennsylvania being
more particularly described as follows:
BEGINNING at a point at the northeast corner of other lands now
of ADG-BOO Plaza West Associates described as Tract A in the
Deed recorded with the Cumberland County Recorder of Deeds
Office in Deed Book 34-G, Page 304 ("Tract A"), also being the
southern line of Walnut Street, a 60 foot right of way; thence
extending along the northern line of Tract A and the southern right
of way line of Walnut Street South 66 degrees 01 minute 41
seconds West a distance of 180.00 feet to a point, said point being
the northwestern corner of Tract A; thence North 36 degrees 45
minutes 00 seconds West 61.52 feet to a point on the northern right
of way line of Walnut Street; thence along said right of way line
2
North 66 degrees 01 minute 41 seconds East a distance of 193.32
feet to a point; thence South 24 degrees 15 minutes 00 seconds
East a distance of 60.00 feet to the point and place of
BEGINNING.
HAVING THEREON erected a macadam parking lot.
BEING a portion of the same premises which Earl. L. Miller,
individually and as trustee, and Edward R. Norford, sole surviving
managing partners, co-partners tJd/b/a 1300 Plaza West, a
Pennsylvania general partnership, by their deed dated October 31,
1989 and recorded with the Cumberland County Recorder of
Deeds Office in Deed Book 34-G, Page 304, granted and conveyed
unto ADG-1300 Plaza West Associates, a Pennsylvania limited
partnership.
9. The Claimed Premises adjoin other property owned by Plaintiff which is 10 ated
at the street address of 1300 Market Street, Lemoyne, Pennsylvania (the" 1300 Market
Property"). The 1300 Market Property contains a four level concrete column steel and ma onry
office building and parking areas.
10. The Claimed Premises have erected thereon a macadam parking lot that is ed to
provide approximately 36 parking spaces for the 1300 Market Property.
11. The Claimed Premises have been used as a parking area for the 1300 Mark t
Property since approximately 1970.
12. The 1300 Market Street Property and the Claimed Premises were deeded to
Plaintiff on October 31, 1989 by 1300 West Plaza, a partnership that had held possession fthe
entire parcel since January 2,1970. The Deed from 1300 West Plaza to Plaintiff is record d at
Cumberland County Deed Book G34, Pages 304-307. A true and correct copy of the Dee is
attached hereto as Exhibit B.
13. The Deed contains a legal description of the 1300 Market Street which is
identified in the Deed as Tract A. The Deed also contains a legal description of the Claim d
3
Premises, which are identified in the Deed as Tract B, and the Deed notes that a macadam
parking lot is erected on the Claimed Premises. See Exhibit B.
Walnut Street
14. The Claimed Premises are comprised of an unopened portion of Walnut Stre t
which was shown on the "Master in Partition Plan of the Rosene Farm" prepared on July 27
1936.
15. Upon information and belief, the portion of Walnut Street that comprises the
Claimed Premises was dedicated to the Borough in or around 1936.
16. The portion of Walnut Street that comprises the Claimed Premises was neve
accepted or opened by the Borough and has never been used as a public street.
17. The Borough has never improved the portion of Walnut Street that comprise the
Claimed Premises.
18. On March 3, 2005, the Borough vacated certain other unopened portions of
Walnut Street, not including the Claimed Premises. The property interest in the vacated po IOns
reverted to the owners of the properties that adjoined the vacated portions of Walnut Street
The Defendants' Property Interests
19. The Cordiers are the owners of a parcel of property at 15 North 12th Street,
Lemoyne, Pennsylvania. The Cordiers' property adjoined an unopened portion of Walnut treet
that was vacated to the Cordiers on March 3, 2005.
20. The Adlers are the owners of a parcel of property located at 1249 Market S eet,
Lemoyne, Pennsylvania, which adjoins the Claimed Premises. The Adlers' property also
adjoined an unopened portion of Walnut Street that was vacated to them on March 3, 2005
4
21. Cornerstone is the owner of a parcel of property located at 12'h Street, Lem yne,
Pennsylvania that adjoins the Claimed Premises. Cornerstone's property also adjoined an
unopened portion of Walnut Street that was vacated to Cornerstone on March 3, 2005.
22. By letter dated March 1,2005, Cornerstone recognized Plaintiffs property 'ghts
in the Claimed Premises and advised that Cornerstone had no intent to take or obstruct PIa ntiffs
access or use ofthe Claimed Premises. A true and correct copy of the March 1, 2005 lette is
attached hereto as Exhibit C.
23. Pennsylvania-American Water Company owns a parcel of property that a oms
the Claimed Premises.
Action for Olliet Title
24. Inasmuch as there has been no acceptance or public use ofthe unopened po IOn
of Walnut Street that comprises the Claimed Premises for a period in excess oftwenty-one (21)
years from the date it was offered for dedication, under Pennsylvania law the Claimed Pre lses
are treated as though it had never been dedicated.
25. Accordingly, as of at least the year 1957, i.e., twenty-one years after the dat of
dedication pursuant to the plan prepared in 1936, the Claimed Premises are treated as thou h it
had never been dedicated.
26. Privity exists between Plaintiff and 1300 West Plaza, the previous owner of e
1300 Market Property, because Plaintiff is a successor in ownership of that property, and t
Deed from 1300 West Plaza describes the Claimed Premises as part of the property being
conveyed from 1300 West Plaza to Plaintiff.
27. From approximately 1971 through October 31,1989,1300 West Plaza used he
Claimed Premises as a parking area for the office building located on the 1300 Market Pro rty.
5
28. From October 31, 1989 through the present, Plaintiff has used the Claimed
Premises as a parking area for the office building located on the 1300 Market Property.
29. Therefore, beginning in approximately 1971 and for a period of time in exc ss of
twenty-one (21) years, the owners of the 1300 Market Property have used the Claimed Pr lses
as a parking area for the 1300 Market Property.
30. Plaintiff and 1300 West Plaza have been in the actual, adverse, continuous,
visible, open, notorious, distinct, exclusive and hostile possession ofthe Claimed Premise for a
period of time in excess of twenty-one years.
31. During the time from 1971 to the present, Plaintiff and 1300 West Plaza ha e
regularly performed acts of possession, control and dominion over the Claimed Premises,
including building, improving, maintaining, and using the macadam parking area located the
Claimed Premises.
32. These acts of possession of the Claimed Premises have been continuous in at
they have not been interrupted by any acts of Defendants or others for a period of time in cess
of twenty-one years beginning in approximately 1971. Neither Defendants nor others hav ever
exercised any acts of dominion over the Claimed Premises during that same time period si ce
1971, during which Plaintiff and the previous owners of the 1300 Market Property have
continuously asserted a claim of right to the ownership and possession of the Claimed Pre lses.
33. The possession of the Claimed Premises for a period of time in excess oftw nty-
one years since 1971 was not by permission or consent of Defendants or any other person r
persons.
34. Plaintiffs acts of possession of the Claimed Premises were not hidden nor s cret,
but were known and observable by reasonable inspection or inquiry.
6
35. Accordingly, Plaintiff claims to own the Claimed Premises in fee against t e
whole world, subject only to the Right-of-Way to Bell Telephone Company, recorded at
Book 191-793, and the Right-of-Way to Pennsylvania Power & Light Company, recorded in
Misc. Book 193-93.
36. Plaintiff brings this quiet title action to compel Defendants, their heirs, dev sees,
administrators, executors, successors and assigns, and any person or persons having or cla ing
any right, title, estate, lien or interest in the Claimed Premises to set forth the nature ofthe r
claims, or be forever barred from making said claims.
WHEREFORE, Plaintiff ADG-1300 Plaza West Associates requests that this Cou grant
the following relief:
(a) That Defendants, their heirs, devisees, administrators, executors, successor and
assigns, and any person or persons having or claiming any right, title, estate, lien or intere m
the Claimed Premises through or under the named Defendants or in their own right and ad erse
to Plaintiff's ownership, or asserting a cloud upon Plaintiff's title thereto, be required to set forth
the nature of their several claims; and
(b) That all such claims by Defendants, their heirs, devisees, administrators,
executors, successors and assigns, and any person or persons having or claiming any right, itle,
estate, lien or interest in the Claimed Premises through or under the named Defendants or i their
own right be determined by a decree of this Court; and
(c) That by such decree it be declared and adjudged that Plaintiff has perfect an
indefeasible title in fee simple absolute to the Claimed Premises, subject only to the record d
Rights-of-Way for Bell Telephone Company ofP A and Pennsylvania Power & Light Com any,
and that Defendants, their heirs, devisees, administrators, executors, successors and assign and
7
any person or persons having or claiming any other right, title, estate, lien or interest in th
Claimed Premises through or under the named Defendants or in their own right have no e ate or
interest in or to the Claimed Premises; and
(d) That Defendants, their heirs, devisees, administrators, executors, successor and
assigns, and any person or persons having or claiming any right, title, estate, lien or intere tin
the Claimed Premises through or under the named Defendants or in their own right be for er
barred from asserting any claim whatsoever in or to the said Claimed Premises adverse to
Plaintiff's interest; and
(e) That Defendants, their heirs, devisees, administrators, executors, successor and
assigns, and any person or persons having or claiming any right, title, state, lien or interest in the
Claimed Premises through or under the named Defendants or in their own right and adver to
Plaintiff's ownership, be compelled to admit the validity of Plaintiff's interest in the Claim d
Premises; and
(f) Such other relief as the Court may determine necessary and proper to perfe t
Plaintiff's title to the Claimed Premises.
MCNEES WALLACE & NURICK LLC
Dated: April 20, 2005
By II-L L. ~
Helen L. Gemmill
LD. No. 60661
Kimberly M. Colonna
LD. No. 80362
100 Pine Street
P.O. Box 1166
Harrisburg, P A 17108-1166
Telephone: (717) 232-8000
8
VERIFICATION
Subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to
authorities, I hereby certify that I am authorized to execute this verification, that have revi wed
the foregoing and that the facts set forth therein are true and correct to the best of my kno ledge,
information and belief.
ADG - 1300 PLAZA WEST ASSOCIATES,
a Pennsylvania Limited Partnership
By RHODES DEVELOPMENT GROUP,
General Partner
Dated: March~, 2005
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MADE the
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day of
in the year nh.....'leP htmdred and eighty-nine (1989)
BE~ EARL L. MILLER, individually and as trustee, and EDWARD R. NORF RD,
sole surviving managing partners, co-partners t/d/b/a 1300 Plaza West, a
Pennsylvania general partnership, hereinafter jointly and severally ref err d
to as the Grantor
AND
ADG - 1300 PLAZA WEST ASSOCIATES, a Pennsylvania limited partne ship,
Grantee
WITNESSETH, That In NYHlltWatlm ~
One Million Nine Hundred Fifty Thousand
---------------------------------------------------------($1,950,000.00)
in hand paJd, the roodpt whereci b hereby acb>owledged, the said grantor
and convey to the Mid gnmt:ee . its successors and assigns:
does
here grant
AJjL those certain tracts or parcels of land, with the improvements situa
thereon, together with all right, title, appurtenances and heredirnents the
appertaining, located in the Borough of Lemoyne, Cumberland County, pennsy
being more particularly described on Exhibit "A" attached hereto and made
hereof.
e
eunto
vania,
part
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ALL THOSE CERTAIN lots or tracts of land situate in the Borough of Lemoyne,
County of Cumberland, Pennsylvania, more particularly bounded and describe
in accordance with an as-built survey dated October 17, 1989, prepared by
Whittock & Hartman, as follows, to wit:
TRACT A
BEGINNING at a point on the Northern right of way line of Market Street,
said point being more specifically located at the northeast corner of the
intersection of Market Street and a 20 feet wide macadam alley; thence \, 3 5 G 3
North 36 degrees 45 minutes 00 seconds West, along the Eastern line of sai :; '0 ':? co n
alley, a distance of 388.59 feet to a point on the Southern right of wayv.?> ';;0
P<::
line of Walnut Street; thence North 66 degrees 01 minute 41 seconds East, '" !';~
along the Southern right of way line of Walnut Street, a distance of 180 ;' sO
feet to a monument; thence South 24 degrees 15 minutes 00 seconds East, i ~~
along the Western line of lands now or formerly of Elby's Big Boy a ~ Om
distance of 185.55 feet to 8. point; thence South 70 degrees 20 minutes 00 to T'~
-- ....
seconds West a distance of 19.57 feet to a point; thence South 19 degrees ~ /r.~o \ ~ I
40 minutes 00 seconds East. continuing along the Western line of the afore ~( ~~r!;[~(:r \~~
said lands a distance of 200 feet to a monument on the Northern right of ~: ..}~~/ Eo '0
way line of Market Street; thence South 70 degrees 20 minutes 00 seconds "'" .'1 "'z
West along said Northern right of way line a distance of 60.60 feet to the I Z
c.:} v'"
point and place of BEGINNING. PI;:;
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BEING Lots Nos. 29, 30 and 31 on the Master in Partitions Plan of Rosene
Farm, which Plan was prepared July 27, 1936 by C. Frank Wetzel, Master in
Partition of the Estate of Caroline R. Haldeman at No.4 October Term,
1935.
HAVING THEREON ERECTED a four level concrete column constructural steel a
masonry building known and numbered as 1300 Market Street.
BEING THE SAME PREMISES which, as to Lots Nos. 29 and 30 aforesaid,
Kermit D. Miller and Earl L. Miller, co-partners, t/d/b/a Miller and
Miller, a partnership, by their deed dated January 2, 1970 and recorded
the Cumberland County Recorder's Office in Deed Book 23 P, Page 530,
granted and conveyed unto Kermit D. Miller, Earl L. Miller, Joel T. Mille
and Edward R. Norford, co-partners t/d/b/a 1300 Plaza West, a Pennsylvani
partnership, and also being the same premises which, as to Lot No. 31
aforesaid, Kermit D. Miller and Carmen M. Miller, his wife, and Earl L.
Miller and Ruth M. Miller, his wife, by their Deed dated January 2, 1970
and recorded in said Recorder's Office, in Deed Book 23 P, Page 534,
granted and conveyed unto Kermit D. Miller, Earl L. Miller, Joel T. Mille
and Edward R. Norford, co-partners t/d/b/a 1300 Plaza West, a Pennsylvani
partnership. Earl L. Miller transferred all of his right, title and
interest in said partnership to himself, as trustee, by.agreement dated
U:l.M "t.'~DN"WEALTH. Of pr.:NN ',YLVAN i/". =:
,... 1:;'HWM\;EI~T"0r kFVEI"LI!: ::-.
for. ,/L,' ,L, ~_~~.,,_._~,__,,/-~~:"'> ~"'-'---~--'-l =:-~
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re,C'I<S;:::P HO'f "1'33 ~%t"*;> 1 ~1 U U. '- 'J .~_-.:
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,JMMONV/EAl'rH OF PENN:,.Y4.V COM/"i1\" 'IEALTfi SF P~NNSVLV Nit> '::::
'.0 J(;D.hYfMENT OF REVENUE .~I1H/"~..., r OF R;-V,_~~U.~,,_,__ _---, ~~:
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BEGINNING at a point at the Northeast corner of Tract A described above, ,.<'::; 'Ji:2
also being the Southern line of Walnut Street, a 60 foot right of way, ;-: o. :; Z.
thence extending along the Northern line of Tract A and the Southern right ~~ II :;; ()
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of way line of Walnut Street South 66 degrees 01 minute 41 seconds West a . 'I .
distance of 180.00 feet to a point, said point being the Northwestern ;~ !I o~~
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corner of Tract A; t ence North 36 degrees 45 minutes 00 seconds West 61. 5 I 'r.~
feet to ~ point on the No:thern right of way line ?f Walnut Street; thence '<i~{>,~1
along sald right of way llne North 66 degrees 01 mlnute 41 seconds East a ',\;i\l'l;)~p
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seconds East a distance of 60.00 feet to the point and place of BEGINNING.,. '"(;"-1 "'z
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HAVING THEREON erected a macadam parking lot. i CJ I ~
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June 15, 1983. Kermit D. Miller died in 1985 and Joel T. Miller died on
November 14, 1986, leaving Earl L. Miller, Trustee, and Edward R. Norford
as the sole managing partners of said partnership. Earl L. Miller is als
executing this deed in his individual capacity to convey any and all righ
title and interest which he may have in his individual capacity in the
various premises described in this deed.
TRACT B
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= COMMONWEALTH OF pn.:~.lSYI.'/ANltl ::::
,~ DEPAiIiME"r Of REVENUE--
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IN WITNESS WHEREOF, said grantor ha s
day and year first abov6-written.
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WARRANT AND FOl\
ER DEFEND
the
hereunto set their hand s and seal s , the
EARL L. MILLER, individually and a
and EDWARD R. NORFORD, sole survivi
partners, co-partners t/d/b/a 1300
a Pennsylvania general partnership
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Earl L. Miller, as ~aid co-part er
trustee,
g managing
laza West,
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- Edward R. Norford, as aid co-p
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tner
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CERTIFICATE OF REsIDENCE
herein is as follow
REGISTE EO BY THE
BOROUGH LEMOYNE PA
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I hereby certify, that the precise residence of the grantee
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On this, the <3J,aY day of If cz];,.v
the undersigned officer, personally appeared
Earl
., COMMONWEAl'rH 0" P . ^
~ (JtPAF fMENT Of' Rr."V/Ju.EN!-bY VANIA :::
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L. Miller and Edward R. r;\(Jl;tiord....,.. '. ,.1:
known to me (or satisfactorily proven) to be the person s
contWn~, as the sole surviving managing partners of 1300 Plaza West, a Penn
vania general partnership, being authorized and empowered to act on behalf 0
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Miller, in his individual capacity a "weil.
instrument, and acknowledged that they
whose name s arESUbscrihed to the thin
IN WITNESS WHEREOF, 1 have hereunto set my hand IlDd
Mv Commissi
NOTARIAL SEAL
ExpirOE~N MAillE McHAZEl
NOTARY PUBLIC, HARRISBURG
DAUPHIN COUNTY. PEIWSYLVANlA
Y Ir F to ~a19.@3L
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03-01-'05 13:13 FROM-CDG/SM L,P,
17178486979
T-015 P02/ 2 U-557
Cornerstone Development Group, Inc.
1 Marketway East
York, PA 17401
717-848-6980
717 -848-6979-F ax
March 1, 2005
Helen L Gemmill, Esquire - Via Fax Only
McNees, Wallace, and Nurick, LLC
100 Pine Street
Harrisburg, PA 17108
Re: Walnut Street Vacation
Dear Helen:
This letter is written to advise you that It Is not the intent of Cornerstone
Development Group to take or obstruct In any way your client's access and/or
use of his Plaza West property as further described as Tract B in Plaza West's
deed.
The emergency drive and gate depleted on our Copper Ridge land developme t
plan is located entirely on our property. The only time that this emergency
egress would be used is when an emergency situation occurs within the Copp r
Ridge Community and the access at Indiana Avenue and 12th Street are block d
with a simultaneous emergency situations. The eventuality of the two
catastrophic incidents happening simultaneous are unlikely, but should it happ n
the evacuation route is in place.
I hope this clarifies any questions you had regarding this matter.
Sincerely,
7lj' zrp~",Grn"p
Mark Cummins
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CC: John Baranski, Esquire - Via E mail
Jennifer Hipp, Esquire - Via E Mall
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ADG-1300 PLAZA WEST
ASSOCIATES, a Limited Partnership
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : Civil Action No. 05-2077
BOROUGH OF LEMOYNE, DAVID J.
and SANDRA K. CORDIER, husband and ACTION TO QUIET TITLE
and wife, ESTATE OF STANLEY D.
ADLER, JR.., CHARLES ADLER III and
ESTATE OF STANLEY ADLER as
Co-Trustees of the TRUST UNDER WILL
OF CHARLES ADLER II,
CORNERSTONE DEVELOPMENT
GROUP, and PENNSYL V ANIA-
AMERICAN WATER COMPANY,
Defendants.
ACCEPTANCE OF SERVICE
I accept service of the Complaint in this action on behalf of David J. Cordier and Sandra
K. Cordier and certify that I am authorized to do so.
Dllted:
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One West Main Street
Shiremanstown, P A 17011
(717) 737-8761
Attorneys for David J. and Sandra K. Cordier
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ADG-1300 PLAZA WEST
ASSOCIATES, a Limited Partnership
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v. : Civil Action No. 05-2077
BOROUGH OF LEMOYNE, DAVID J.
and SANDRA K. CORDIER, husband and : ACTION TO QUIET TITLE
and wife, ESTATE OF STANLEY D.
ADLER, JR.., CHARLES ADLER III and
ESTATE OF STANLEY ADLER as
Co-Trustees of the TRUST UNDER WILL
OF CHARLES ADLER II,
CORNERSTONE DEVELOPMENT
GROUP, and PENNSYLV ANIA-
AMERICAN WATER COMPANY,
Defendants.
ACCEPTANCE OF SERVICE
I accept service of the Complaint in this action on behalf of Cornerstone Development
Group and certify that I am authorized to do so.
Dated: 'f.)-;.~
BLAKEY, YOST, BUPP, & RAUSCH, LLP
B
Baranski, Esq.
17 E. Market Street
York,PA 17401
(717) 845-3674
Attorneys for Cornerstone Development Group
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ADG-1300 PLAZA WEST
ASSOCIATES, a Limited Partnership
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v. : Civil Action No. 05-2077
BOROUGH OF LEMOYNE, DAVID J.
and SANDRA K. CORDIER, husband and : ACTION TO QUIET TITLE
and wife, ESTATE OF STANLEY D.
ADLER, JR.., CHARLES ADLER III and
EST ATE OF STANLEY ADLER as
Co-Trustees of the TRUST UNDER WILL
OF CHARLES ADLER II,
CORNERSTONE DEVELOPMENT
GROUP, and PENNSYL V ANIA-
AMERICAN WATER COMP ANY,
Defendants.
ACCEPTANCE OF SERVICE
I accept service ofthe Complaint in this action on behalf of Pennsylvania-American
IWater Company and certify that I am authorized to do so.
PENNSYLVANIA-AMERICAN WATER COMP ANY
ByAU::.I<-II ~.d_J. ~
Print Name -kf-ir II. frfe/1d<'../.:SoL.,,J
Title l2ej ;0/1",1 ~$60CfQle Co,'n$~ J
Dated: .; /V7/0S'
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ADG-1300 PLAZA WEST
ASSOCIATES, a Limited Partnership
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v. : Civil Action No. 05-2077
BOROUGH OF LEMOYNE, DAVID J.
and SANDRA K. CORDIER, husband and : ACTION TO QUIET TITLE
and wife, ESTATE OF STANLEY D.
ADLER, JR.., CHARLES ADLER III and
EST ATE OF STANLEY ADLER as
Co-Trustees of the TRUST UNDER WILL
OF CHARLES ADLER II,
CORNERSTONE DEVELOPMENT
GROUP, and PENNSYL V ANIA-
AMERICAN WATER COMP ANY,
Defendants.
ACCEPTANCE OF SERVICE
I accept service of the Complaint in this action on behalf of the Borough of Lemoyen and
certify that I am authorized to do so.
JOHNSON DUFFIE STEWART & WEIDNER
ByL' ~(' ~-
Michael assldy, Esq.
301 Market Street
P.O. Box 109
Lemoyne, P A 17043
Attorneys for the Borough of Lemoyne
Dated: 5'.10' oS-
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ADO-l300 PLAZA WEST
ASSOCIATES, a Limited Partnership
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
: Civil Action No. 05-2077
v.
BOROUGH OF LEMOYNE, DAVID J.
and SANDRA K. CORDIER, husband and : ACTION TO QUIET TITLE
wife, ESTATE OF STANLEY D.
ADLER, JR., CHARLES ADLER III and
ESTATE OF STANLEY ADLER as
Co- Trustees of the TRUST UNDER WILL
OF CHARLES ADLER II,
CORNERSTONE DEVELOPMENT
GROUP, and PENNYL V ANIA-
AMERICAN WATER COMPANY,
Defendants
ACCEPTANCE OF SERVIC~
I accept service of the Complaint in this action on behalf of Charles Adler III, Trustee of
the Trust Under Will of Charles Adler II and certify that I am authorized to do so.
METTE, EVANS & WOODSIDE
.-'
i n L. oleva, Esq.
3401 N. Front Street
Harrisburg, P A 1711 0
(717) 232-5000
Attorneys for Charles Adler III
Dated: 9/1'f{os
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ADG-1300 PLAZA WEST
ASSOCIATES, a Limited Partnership
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v. : Civil Action No. 05-2077
BOROUGH OF LEMOYNE, DAVID 1.
and SANDRA K. CORDIER, husband and : ACTION TO QUIET TITLE
and wife, ESTATE OF STANLEY D.
ADLER, JR., CHARLES ADLER III and
ESTATE OF STANLEY ADLER as
Co- Trustees ofthe TRUST UNDER WILL
OF CHARLES ADLER II,
CORNERSTONE DEVELOPMENT
GROUP, and PENNSYL V ANIA-
AMERICAN WATER COMPANY,
TO PROTHONOTARY:
The undersigned counsel of record requests that the Prothonotary reinstate the Complaint
in this action, for service upon Defendant Estate of Stanley D. Adler, Jr.
MCNEES WALLACE & NURICK LLC
By
~.U-.
Helen . Gemmill
J.D. No. 60661
Kimberly M. Colonna
J.D. No. 80362
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
Telephone: (717) 232-8000
Dated: October 21, 2005
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the foregoing
was served by first class United States mail upon the following:
Kristen L. Doleva, Esq.
Mette, Evans & Woodside
3401 N. Front Street
Harrisburg, P A 17110
Attorneys for Charles Adler III
Michael Cassidy, Esq.
Johnson Duffie Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, P A 17043
Attorneys for Borough of Lemoyne
Seth A. Mendelsohn, Esq.
Regional Associate Counsel
Pennsylvania-American Water Company
800 West Hersheypark Drive
Hershey, P A 17033
Attorney for Pennsylvania-American Water Company
John Baranski, Esq.
Blakey, Yost, Bupp & Rausch, LLP
17 E. Market Street
York, PA 17401
Attorneys for Cornerstone Development Group
~N.~
Kimberly . Colonna
Date: October 24,2005
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ADG-1300 PLAZA WEST
ASSOCIATES, a Limited Partnership
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
BOROUGH OF LEMOYNE, DAVID J.
and SANDRA K. CORDIER, husband and
and wife, ESTATE OF STANLEY D.
ADLER, JR.., CHARLES ADLER III and : No. 05-2077
ESTATE OF STANLEY ADLER as
Co-Trustees of the TRUST UNDER WILL
OF CHARLES ADLER II,
CORNERSTONE DEVELOPMENT
GROUP, and PENNSYL V ANIA-
AMERICAN WATER COMPANY,
Defendants
AFFIDAVIT OF SERVICE OF COMPLAINT
UPON ESTATE OF STANLEY D. ADLER JR.
'.
.
AFFIDAVIT
State of Pennsylvania
ss:
County of Dauphin
Before me the subscriber personally appeared Melissa I.
Baten
to me known, being duly sworn according to
law, doth depose and say that on November 3, 2005 @ 8:00
PM I served a copy of a Notice of Action TO Quit Title and
Complaint in the matter of ADG-1300 Plaza West Associates,
LP v. Borough of Lemoyne, David J. and Sandra K. Cordier,
Estate of Stanley D. Adler, Jr., Et AL, Civil Action NO.
05-2007 Court of Common Pleas Cumberland County, PA by
serving in person to Paul Killion at 545 S. 3rd ST. ,
Lemoyne, PA l7043.
and further deponent sayeth not.
, ~ ~0xa-
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Met'tssa I. Ba n
5235 N. Front St.
Harrisburg, PA 17110
Sworn and subscribed before me this
:./i:/'} day of IlIoYP/1l0P r 2005
X .('/1' j.>)]l~ . .... .
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ADG-1300 PLAZA WEST
ASSOCIATES, a Limited Partnership
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
V. Civil Action No. 05-2077
BOROUGH OF LEMOYNE, DAVID J.
and SANDRA K. CORDIER, husband and : ACTION TO QUIET TITLE
and wife, ESTATE OF STANLEY D.
ADLER, JR.., CHARLES ADLER III and
ESTATE OF STANLEY ADLER as
Co-Trustees of the TRUST UNDER WILL
OF CHARLES ADLER II,
CORNERSTONE DEVELOPMENT
GROUP, and PENNSYL V ANIA-
AMERICAN WATER COMPANY,
Defendants.
MOTION FOR ENTRY OF JUDGMENT
PURSUANT TO PA. R. CIV. P. 1066
Plaintiff, ADG-1300 Plaza West Associates, by and through its undersigned counsel,
respectfully moves the Court to enter judgment in its favor, in the form of the attached order. In
support of this motion for entry of judgment, Plaintiff avers as follows:
1. On April 21, 2005, Plaintiff instituted this action to quiet title by filing a
Complaint against the Defendants.
2. Paragraph 8 of the Complaint provided a legal description of the property at issue
(the "Claimed Premises").
3. The following Defendants accepted service of the Complaint: Borough of
Lemoyne, David J. Cordier, Sandra K. Cordier, Cornerstone Development Group, and
Pennsylvania-American Water Company. Additionally, Charles Adler III, as Co-Trustee ofthe
",
Trust Under Will of Charles Adler II, also accepted service. The Acceptance of Service forms
for these Defendants have been filed with the Court.
4. Personal service of the Complaint was made upon the Estate of Stanley D. Adler
Jr. on November 4,2005. An affidavit of service has been filed with the Court.
5. More than twenty days have passed since the Complaint, with a Notice to Defend,
was served upon all of the Defendants.
6. None of the Defendants have filed any answer or response to the Complaint.
7. Pa. R. Civ. P. 1066(a) provides that in a action to quiet title, the Court "shall grant
appropriate relief upon affidavit that a complaint containing a notice to defend has been served
and that the defendant has not filed an answer..,,"
8. The Affidavit of Kimberly M. Colonna filed concurrently herewith conforms to
the requirements ofPa. R. Civ. P. 1066(a).
9. Pa. R. Civ. P. 1066(b) provides that the Court upon granting relief;
(I) shall order that the defendant be forever barred from asserting any right, lien,
title or interest in the land inconsistent with the interest or claim of plaintiff
set forth in the complaint,
(3) shall enter a final judgment ordering the defendant, the prothonotary, or the
recorder of deeds to file, record, cancel, surrender or satisfy of record, as the
case may be, any plan, document, obligation or deed determined to be valid,
invalid, satisfied or discharged, and to execute and deliver any document,
obligation or deed necessary to make the order effective; or
(4) shall enter any other order necessary for the granting of proper relief.
10. Inasmuch as the Defendants have been served with the Complaint containing a
Notice to Defend and Defendants have not filed an answer, Plaintiff is entitled to the entry of
2
judgment under Pa. R. Civ. P. 1066, decreeing (I) that defendants be forever barred from
asserting any right, lien, title or interest in the land inconsistent with the interest or claim of
plaintiff set forth in the complaint, (2) directing the Prothonotary to enter final judgment in this
matter decreeing that Plaintiff has perfect and indefeasible title in fee simple absolute to the
Claimed Premises, and that Defendants, any heirs, devisees, administrators, executors,
successors and assigns, and any person or persons having or claiming any other right, title,
estate, lien or interest in the Claimed Premises through or under any of the Defendants, have no
estate or interest in or to the Claimed Premises, and (3) directing the Recorder of Deeds to record
and index this judgment in the Recorder of Deeds Office.
WHEREFORE, the ADG-1300 Plaza West Associates respectfully requests that the
Court enter judgment in its favor in the form of order attached hereto.
MCNEES WALLACE & NURICK LLC
By I?L L. ~
Helen L. Gemmill
J.D. No. 60661
Kimberly M. Colonna
J.D. No. 80362
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
Telephone: (717) 232-8000
Attorneys for P/aintifJ
ADG-1300 P/aza West Associates
Dated: December 21,2005
3
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the foregoing
was served by first class United States mail upon the following:
Kristen L. Doleva, Esq.
Mette, Evans & Woodside
3401 N. Front Street
Harrisburg, P A 1711 0
Attorneys for Char/es Ad/er III
Michael Cassidy, Esq.
Johnson Duffie Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, P A 17043
Attorneys for Borough of Lemoyne
Seth A. Mendelsohn, Esq.
Regional Associate Counsel
Pennsylvania-American Water Company
800 West Hersheypark Drive
Hershey, P A 17033
Attorney for Pennsy/vania-American Water Company
John Baranski, Esq.
Blakey, Yost, Bupp & Rausch, LLP
17 E. Market Street
York, PA 17401
Attorneys for Cornerstone Deve/opment Group
Paul Killion
545 S. 3'd Street
Lemoyne, P A 17043
Co-Executor, Estate ofStan/ey D. A/der, Jr.
Date: December 21,2005
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He en L. Gemmill
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Kimberly M. Colonna (I.D. No. 80362)
McNees Wallace & Nurick LLC
100 Pine Street, P.O. Box 1166
Harrisburg, PA 17108-1166
Telephone: (717) 232-8000
kcolonnalaJ,mwn.com
ADG-1300 PLAZA WEST
ASSOCIATES, a Limited Partnership
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v. Civil Action No. 05-2077
BOROUGH OF LEMOYNE, DAVID J.
and SANDRA K. CORDIER, husband and ACTION TO QUIET TITLE
and wife, ESTATE OF STANLEY D.
ADLER, JR.., CHARLES ADLER III and
ESTATE OF STANLEY ADLER as
Co-Trustees of the TRUST UNDER WILL
OF CHARLES ADLER II,
CORNERSTONE DEVELOPMENT
GROUP, and PENNSYL V ANIA-
AMERICAN WATER COMPANY,
Defendants.
AFFIDAVIT OF KIMBERLY M. COLONNA
!, Kimberly M. Colonna, based on my personal knowledge verify and state:
I. I am counsel for Plaintiff in the above-captioned al;tion and am competent to
make this affidavit.
2. The Complaint in this action, containing a Notice to Defend, was served upon
each of the Defendants to this action.
...,....
...
3. Proof of service upon each of the Defendants has been filed with the Court.
4. More than twenty days have passed since the Complaint was served upon each of
the Defendants, and none of the Defendants has filed any answer or other response to the
Complaint.
~f1l.---
M. Colonna
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN SS:
SWORN TO and subscribed before
me this 20th day of December, 2005
711. LhM!I. ~ ' Notary Public
'Jfcommission expires:
(SE ONWEALTH F P SYL\(
_I Seal
Mtchelle C. Armour, NoIaIy Public
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this date a true and correct copy of the foregoing
was served by first class United States mail upon the fol1owing:
Kristen L. Doleva, Esq.
Mette, Evans & Woodside
3401 N. Front Street
Harrisburg, P A 1711 0
Attorneys for Char/es Ad/er III
Michael Cassidy, Esq.
Johnson Duffie Stewart & Weidner
301 Market Street
P.O. Box 109
Lemoyne, P A 17043
Attorneys for Borough of Lemoyne
Seth A. Mendelsohn, Esq.
Regional Associate Counsel
Pennsylvania-American Water Company
800 West Hersheypark Drive
Hershey, P A 17033
Attorney for Pennsy/vania-American Water Company
John Baranski, Esq.
Blakey, Yost, Bupp & Rausch, LLP
17 E. Market Street
York, PA 17401
Attorneys for Cornerstone Deve/opment Group
Paul Killion
545 S. 3rd Street
Lemoyne, P A 17043
Co-Executor, Estate of Stan/ey D. A/der, Jr.
I/J- _ L. ~~
Helen L. Gemmil1
Date: December 21,2005
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ADG-1300 PLAZA WEST
ASSOCIATES, a Limited Partnership
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v. Civil Action No. 05-2077
BOROUGH OF LEMOYNE, DAVID J.
and SANDRA K. CORDIER, husband and ACTION TO QUIET TITLE
and wife, ESTATE OF STANLEY D.
ADLER, JR.., CHARLES ADLER III and
ESTATE OF STANLEY ADLER as
Co-Trustees of the TRUST UNDER WILL
OF CHARLES ADLER II,
CORNERSTONE DEVELOPMENT
GROUP, and PENNSYL V ANIA-
AMERICAN WATER COMP ANY,
Defendants.
JUDGMENT ORDER r.,
AND NOW this ~ day of "S 2Cl . ,~ upon consideration of the
Plaintiffs Motion for Entry ofJudgment pursuant to Pa. R. Civ. P. 1066, it is hereby ORDERED
that the following reliefbe granted for Plaintiff:
(1) Defendants, and any heirs, devisees, administrators, executors, successors and
assigns, and any person or persons having or claiming any right, title, estate, lien or interest in
the Claimed Premises through or under any ofthe named Defendants are forever barred from
asserting any claim, right, title, or interest in the Claimed Premises;
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(2) The Prothonotary is directed to enter final judgment in this matter decreeing that
Plaintiff has perfect and indefeasible title in fee simple absolute to the Claimed Premises, and
that Defendants, and any heirs, devisees, administrators, executors, successors and assigns, and
any person or persons having or claiming any other right, title, estate, lien or interest in the
Claimed Premises through or under any of the named Defendants, have no estate or interest in or
to the Claimed Premises;
1.
(3)
The Claimed Premises is located in the Borough of Lemoyne, Cumberland
County, Pennsylvania (hereinafter the "Claimed Premises"), and are further described as follows:
ALL THAT CERTAIN tract or parcel of land located in the
Borough of Lemoyne, Cumberland County, Pennsylvania being
more particularly described as follows:
BEGINNING at a point at the northeast comer of other lands now
of ADG-1300 Plaza West Associates described as Tract A in the
Deed recorded with the Cumberland County Recorder of Deeds
Office in Deed Book 34-G, Page 304 ("Tract A"), also being the
southern line of Walnut Street, a 60 foot right of way; thence
extending along the northern line of Tract A and the southern right
of way line of Walnut Street South 66 degrees 01 minute 41
seconds West a distance of 180.00 feet to a point, said point being
the northwestern corner of Tract A; thence North 36 degrees 45
minutes 00 seconds West 61.52 feet to a point on the northern right
of way line of Walnut Street; thence along said right of way line
North 66 degrees 01 minute 41 seconds East a distance of 193.32
feet to a point; thence South 24 degrees 15 minutes 00 seconds
East a distance of 60.00 feet to the point and place of
BEGINNING.
HAVING THEREON erected a macadam parking lot.
BEING a portion ofthe same premises which Earl. L. Miller,
individually and as trustee, and Edward R. Norford, sole surviving
managing partners, co-partners tldlbla 1300 Plaza West, a
Pennsylvania general partnership, by their deed dated October 31,
1989 and recorded with the Cumberland County Recorder of
Deeds Office in Deed Book 34-G, Page 304, granted and conveyed
2
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unto ADG-1300 Plaza West Associates, a Pennsylvania limited
partnership.
(4) The Recorder of Deeds is directed to record and index this Judgment Order.
SO ORDERED.
BY THE COURT:
J.
January 23, 2006, Final .Q'1.ldgmerit i,? hereby enter in favor of Plaintiff and against
Defendants Pursuant to PA. R.C.P. Rule No. 1066 and Local Rule 1066.4.
Curtis R. L
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