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The inf n-mation collected on this,form is used solely for court administration purposes. This form does not
supplement or replace ihe.fling and service ofpleadings or other papers as required b),law or rules ofcourt.
. Commencement of Action:
® Petition
� Complaint � Writ of Summons
Transfer from Another Jurisdiction ® Declaration of Taking
Ca Lead Plaintiffs Name: Lead Defendant's Name:
M. Toquaiah Jackson John C. Flathmann
Dollar Amount Requested: Owithin arbitration limits
I. Are money damages requested? 0 Yes 0 No (check one) Ooutside arbitration limits
N Is this a Class Action Suit? ®Yes 0 No Is this an MDJAppeal? 0 Yes 0 No
f�A� Name of Plaintiff/Appellant's Attorney: William R. Church, Esq.
Check here if you have no.attorney(are aSelf-Represented [Pro Se] Litigant)
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TORT(do not include A9ass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS
J Intentional
z ® Buyer Plaintiff Administrative Agencies
0 Malicious Prosecution ® Debt Collection: Credit Card 13 Board of Assessment
n- 0 Motor Vehicle 0 Debt Collection: Other ® Board of Elections
k 0Nuisance ® Dept.of Transportation
e 0 Premises Liability 0 Statutory Appeal: Other
❑ Product Liability (does not include _
t`y� Employment Dispute:� mass tort) 0
? E{, —
Slander/Libel/Defamation Discrimination
Cx 0 Other: 0 Employment Dispute:Other 0 Zoning Board
Banc"v�'t
® Other:
0 Other:
MASS TORT
0 Asbestos
F_�N 0 Tobacco
4 0 Toxic Tort-DES
h� 0 Toxic Tort-Implant
. :; REAL PROPERTY MISCELLANEOUS
0 Toxic Waste
,r.
Other: ElEjectment 0 Common Law/Statutory Arbitration
0 Eminent Domain/Condemnation 0 Declaratory Judgment
BAf
0 Ground Rent Mandamus.
® Landlord/Tenant Dispute
p Non-Domestic Relations
, R•v 0 Mortgage Foreclosure:Residential Restraining Order
3, PROFESSIONAL LIABLITY 0 Mortgage Foreclosure:Commercial 0 Quo Warranto
0 Dental 0 Partition 0 Replevin
r ' 0 Legal 0 Quiet Title 0 Other:
0 Medical 0 Other:
0 Other Professional:
Updated 1/1/2011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
M. Toquaiah Jackson
: IN THE COURT OF COMMON PLEA
Plaintiff : CUMBERLAND COUNTY, C-i -
• PENNSYLVANIA
rf •, -"
vsr
CIVIL ACTION — EJECTMENT U'
John C. Flathmann : No poi �� 3 � Z-
r�r
Defendant
NOTICE TO DEFEND
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 REDUECED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE,PA 17013
1-800-990-9108
717-249-3166
M. TOQUAIAH JACKSON : IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION—EJECTMENT
vs.
JOHN C. FLATHMANN : NO.:
Defendant
COMPLAINT
AND NOW comes M. TOQUAIAH JACKSON (hereinafter, "Plaintiff'), by her
attorneys, Keefer Wood Allen & Rahal, LLP, and asserts the following complaint in ejectment
against defendant, JOHN C. FLATHMANN (hereinafter, "Defendant"), averring as follows:
Parties
1. Plaintiff is an adult individual of Camp Hill, Cumberland County, Pennsylvania.
2. Defendant is an adult individual of the same place.
Background
3. By that certain Deed, dated July 22, 2013, and recorded as Instrument
#201325184 on July 30, 2013, in the Office of the Cumberland County Recorder of Deeds, a true
and correct copy of which is attached hereto and fully incorporated herein as Exhibit "A,"
Plaintiff is the record owner of residential real estate located at 7 East Red Gold Circle, Camp
Hill, Pennsylvania 17011, consisting of land and improvements thereon, including a multi-story
dwelling house (hereinafter, the "Premises"), more particularly bounded and described as
follows:
BEGINNING at a point on the eastern right of way of the cul-de-sac line of East Red
Gold Circle (50 feet wide) at the northeast corner of Lot E-10; thence along the eastern
boundary line of Lot E-10, South 47 degrees 10 minutes 40 seconds East, a distance of
251.14 feet to a point along Community Open Space; thence along said Community Open
Space,North 69 degrees 14 minutes 23 seconds East, a distance of 108.05 feet to a point
on Oyster Mill Road; thence along the western right of way line of Oyster Mill Road,
North 25 degrees 18 minutes 09 seconds West, a distance of 301.42 feet to a point at the
southeast corner of Lot E-12; thence along the southern boundary line of Lot E-12, South
61 degrees 12 minutes 30 seconds West, a distance of 170.32 feet to a point on:right of
way line of East Red Gold Circle; thence along East Red Gold Circle by a curve to the
right having a radius of 50.00 feet and an arc length of 62.49 feet to a point, the point and
place of BEGINNING.
4. Plaintiff,, at all times here relevant, was and currently is the sole legal owner of the
Premises.
5. On January 2, 2015, Plaintiff, in writing, notified Defendant of Plaintiff's demand
for exclusive possession of the Premises; Plaintiff's written notice and demand was posted at the
Premises, and also sent to Defendant via email. A true and correct copy of Plaintiff's written
notice and demand to Defendant is attached hereto and fully incorporated herein as Exhibit "B."
6. On January 16, 2015, despite receiving Plaintiff's written notice and demand, and
with knowledge of Plaintiff's legal ownership of the Premises, Defendant unlawfully entered the
Premises and, without right or authority of law, ousted Plaintiff from it.
-2-
7. Despite receiving Plaintiff's written notice and demand, and with knowledge of
Plaintiff's legal ownership of the Premises, Defendant has continuously occupied and still
occupies the Premises as of the date of this complaint.
8. Throughout the period of Defendant's unpermitted occupancy, Defendant has
used, occupied and enjoyed the Premises by residing in the dwelling house.
COUNT
(For Possession, Against Defendant)
9. Plaintiff incorporates here by reference, as if fully restated, the foregoing
averments of paragraphs 1 through 8 of this complaint.
WHEREFORE, Plaintiff requests that the Court enter judgment in favor of Plaintiff and
against Defendant for possession of the Premises located at 7 East Red Gold Circle, Camp Hill,
Pennsylvania 17011, together with an award of costs, and such other and further relief as the
Court deems fair and just.
Respectfully submitted,
Dated: 1 /*12016 KEEFER WOOD ALLEN & RAHAL, LLP
By YI Y=
William R. Church, Esquire
Attorney I.D. 318955
417 Walnut Street, 4t" Floor
Harrisburg, PA 17108
Ph: (717) 255-8065
Fax: (717) 255-8050
Attorneys for Plaintiff
-3-
.03-18-2014 3 :25 PM 19254985379 17172558050 Pg 217
RECORDATION REQUESTED BY:
00 zB
�^}� Reager&Adler,P.C. 0 PYJ
��\lL, 2331 Market Street
Camp Hill,PA 17011
,ry TAX PARCEL NO. 09.16.1054.220
PROPERTY ADDRESS:
7 East Red Gold Circle
Camp Hill,PA 17011
SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY
THIS DEED,
Made the st'41' day of --Z--1'j _,2013,
BETWEEN PETER M. BRIER and DANIELLE J. BRIER, adult individuals, hereinafter
designated as the Grantors,
AND
M.TOQUAIAH JACKSON,adult individual,hereinafter designated as the Grantee.
WITNESSETH, that the Grantors for and in consideration of Six Hundred Seventy-Five
Thousand Dollars($675,000.00),lawful money of The United States of America,to the Grantors in hand
well and truly paid by the Gramm,at or before the sealing and delivery of these presents,the receipt whereof
is hereby acknowledged and the Grantors being Therewith Hilly satisfied,do by these presents grant,bargain,
sell Laid convey unto the Grantee forever.
ALL THAT CERTAIN piece or parcel of land situate in East Pennsboro Township,Cumberland
County,Pennsylvania,being bounded and described as follows,to wit:
BEGCNNING at a point on the eastern right of way of the cul-de-sac line of East Red Gold Circle
(50 feet wide)at the northeast corner of Lot E-10;thence along the eastern boundary line of Lot E-10,South
47 degrees 10 minutes 40 seconds East,a distance of 251,14 feet to a point along Community Open Space;
thence along said Community Open Space,North 69 degrees 14 minutes 23 seconds East, a distance of
108.05 feet to a point on Oyster Mill Road;thence along the western right of way line of Oyster Mill Road,
North 25 degrees 18 minutes 09 seconds West,a distance of 301.42 feet to a point at the southeast corner of
Lot&12;thence along the southern boundary line of Lot E-12, South 61 degrees 12 minutes 30 seconds
West, a distance of 170.32 feet to a point ou right of way line of Last Red Gold Circle; thence along East
Red Gold Circle by a curve to the right having a radius of 50,00 feet and an arc length of 62.49 feet to a
point,the point and place of BEGINNING.
EXHIBIT A
03-18-2014 3 :25 PM 19254985379 17172558050 Pg 3/7
CONTAINING 46,153 square feet or 1.06 acre.
BEING LotNo,B-11,on the Final Subdivision Platz of Floribunda,Phase 1,Section 9 and recorded
in the Office of the Recorder of Deeds, Cumberland County,Pennsylvania,in Plan Book 91,Page 40-B.
UNDER AND SUBJECT,to half of a 30'stormwater and drainage easement along the western side
of said lot,half of a 30' sanitary sewer easement along the northern side of the said lot,half of a 25' by 25'
snow dump casomcnt at the northwest comer of said lot,all as referenced on said plan,as well as a 30'utility
and drainage easement as referenced in Plan Book 46,Page 4.
UNDER AND SUBJECT,NEVERTHELESS,to all easements,restrictions,encumbrances and
other matters of record or that which a physical inspection or survey of the premises would reveal.
BEING THE SAME rREIVIISES which Floribunda Associatas Limited Partnership,aPennaylvania
Limited Partnership, by their deed dated Junc 26, 2006 and recorded July 5, 2006 in the Office of the
Recorder of Deeds in and for Cumberland County,Pennsylvania,in Deed Book 275,Page 2411,granted and
conveyed unto Peter M.Brier and Danielle J. Brier,the Grantors herein.
TOGETHER with all and singular the buildings,improvernents,ways,woods,waters,watercourses,
rights, liberties, privileges, 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 of every part and parcel thereof; AND ALSO all the estate, right, title, interest, use, possession,
property,claim and demand whatsoever of the Grantors both in law and in equity,of,in and to the premises
herein described and every part and parcel thereof with the appurtenances, TO HAVE AND TO HOLD all
and singular the premises herein described together with the hereditaments and appurtenances unto the
Grantee and to the Grantees' proper use and benefit forever.
AND the Grantors covenant that, except as may be herein set forth, they do and will forever
specially warrant and defend the lands and premises,hereditaments and appurtenances hereby conveyed,
against the Grantors and all other persons lawfully claiming the same or to claim the same or any part
thereof, by,from or under it,them or any of them.
In all references h=in to any paxrtim,pursoits, cntitics or corporations, the use of any particular
gender or plural or singular numbcr is intended to include the appropriate gender or number as the text of the
within instrument may require.
Wherever in this instrument any party shall be designated or mforred to by name or general reference,
such designation is intended to and shall have the same cffcct as if the words "heirs, executors
administrators,personal or legal representatives, successors and assigns"had been.inserted after each and
every such designation.
,03-18-2014 3:25 PM 19254985379 17172558050 Pg 417
IN WITNESS WE EREOF,the Grantors have hereunto set their hands and seals the day and year
first above wrinen.
Signed, Sealed and Delivered
In the presence of
r r
• I
PETER M.BRIER
DANIELLE 3.BRIER
COMMONWEALTH OF PENNSYLVANIA )
�SS.
COUNTY OF t.rr�Q
BE IT REMEMBERED, that on •.�i;.�y .x)6�F' 2013, before me the subscriber personally
appeared PETER M.,BRIER known to me (or satisfactorily proven) to be the person whose name is
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.
'Notary Public
1i�n•��y^f w
�r.n.,�l„ nl<,AaROf')A�l'�7i piq��plc7
03-18-2014 3:25 PM 19254985379 17172558050 Pg 517
IN WITNESS WHEREOF,the Grantors have hereunto set their hands and seals the day and year
first above written.
Signed,Sealed and Delivered
in the presence of
PETER M.BRIER.
DANIELLE T,BRIJZR
f
SS.
COUNTY OF
RE IT REMEMBERED, that on , 2013, before me the subscriber personally
appeared PETER M. BRIER known to me (o 'sZisfac rily proven) to be the person whose narne is
subscribed to the within instrument and acknowledged that he executed the same for the purposes therein
contained.
�pNHuai�q�q
IN WITNESS WHEREOF, I hereunto set my hand and official
SON f v
X
��28�2p1a��
.03-16-2014 3 :25 PM 19254965379 17172558050 Pg 617
STATE OF /��,,AF1DA )
f n -. SS.
COUNTY OF � �c )
BE IT REMEMBERED,that on % ,2013,before me the subscriber personally
appeued DANIELLE J. BRIER known to me ( r datisfaotorily proven)to be the person whose name is
subscribed to the within instrument and acknowledged that she executed the same for the purposes therein
contained,
IN WITNESS WHEREOF,I hereunto set my haled and official seal. �����1N,�i111111"N
��Z JOSEp big
"I<T065Ci lic :_* ti .._aSO�'1�8 �g�
/� •
Rtoo'
�*
The Undersigned certifies that the precise residence and complete post office address of the Grantee is:
M.Toquaiah Jackson
7 East Red Cold Circle
Camp Hill,PA 17011
Attorncy for Giant=
03-18-2014 3 :25 PM 19254985379 17172558050 P9 7/7
ROBERT P. ZIEGLER
RECORDER OF DEED5 ,,5.,;
CUMBERLAND COUNTY i
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-2406370
Instrument Number-201325184
Recorded On 7/30/2013 At 2:44.52 PM Total Pagea-6
Instrument Typc-DEED
Invoice Number-143319 User ID-SW
*Grantor-BRIER,PETER M
*Grantee-JACKSON,M.TOQUAIAH
"Customer-REAGER
*FEES
STATE TRANSFER TAX $6,750.00 Certification Page
STATE WRIT TAX $0.50
STATE, JCS/ACCESS To $23.50 DO NOT DETACH
JUSTICE
RECORDING FEES - 313.50 This page is now part
RECORDER OF DEEDS
PARCEL CERTIVICATION $15.00 of this legal document,
FEES
APPORDAELE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCIME5 FEE $3.00
EAST PENNSDORO X$3,375.00
SCHOOL DISTRICT
EAST PENNS80RO $3,375.00
TOWNSHIP
TOTAL PAID $13,569.00
1 Certify this to be recorded
in Cumberland County PA
RECORDER,AADS
"-Information denoted by an asterisk may change during
the verification process and may not be rvtlocied on this pogo.
11111111111111111 1111111
KEEFER WOOD ALLEN & RAHAL, LLP
ATTORNEYS AT LAW
417 WALNUT STREET, 4t'' FLOOR
P.O. BOX 11963 OF COUNSEL:
WILLIAM R. CHURCH HARRISBURG, PA 17108-1963 N.DAVID RAHAL
Phone: (717) 255-8065 ESTABLISHED IN 1878 CHARLES W. RUBENDALL II
Fax: (717) 255-8050 - ROBERT L.WELDON
wchurch@keeferwood.com
January 2, 2015
VIA EMAIL AND HAND DELIVERY
John C. Flathmann
Email:jcilath l(a)gmail coin
Re: Notice Re: 7 East Red Gold Circle, Camp Hill, Pennsylvania 17011
Mr. Flathmann:
As you know, our firm represents M. Toquaiah Jackson ("Toquaiah"). You are hereby
notified that, effective January 15, 2015, you are no longer permitted to be on Toguaiah's
property at 7 East Red Gold Circle, Camp Hill, Cumberland County, Pennsylvania 17011.
Furthermore, you are hereby notified that you must remove any and all items of your
personal property from the premises by no later than 11:59 PM on January 15, 2015.
Should you fail to vacate the premises and/or to remove any and all items of your
personal property from the premises on or before January 15, 2015, you could be subject to civil
liability for damages from the unlawful deprivation of, and interference with, Toquaiah's
exclusive possession and use of the premises; you could also be subject to arrest and criminal
prosecution as a"defiant trespasser" under 18 Pa.C.S. § 3503(b).
Toquaiah has signed this letter below(on page 2), to evidence her agreement with the
particular matters addressed herein.
For your information, I am also sending a copy of this letter to the East Pennsboro
Township Police Department, so that they are aware of the foregoing.
Please contact me if you have any questions. My contact information is provided above.
Very truly yours,
KEEFER WOOD ALLEN & RAHAL, LLP
By:
William R. Church, Esq.
EXHIBIT B
John C. Flathmann
Email: jcflathl cr)gmail.com
Re: Notice Re: 7 East Red Gold Circle, Camp Hill, Pennsylvania 17011
January 2, 2015
Page 2
7OU-aiah J ckson
cc: M. Toquaiah Jackson
East Pennsboro Township Police Department (via facsimile only)
Roger R. Laguna, Jr., Esq. (via email only)
1
VERIFICATION
The undersigned, M. TOQUAIAH JACKSON, hereby verifies and states that:
1. She is the complaining plaintiff in the foregoing complaint;
2. The allegations set forth in the foregoing complaint are true and correct to the best
of her knowledge, information and belief, and
3. She is aware that false statements herein are made subject to the penalties of
18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities.
Dated: