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HomeMy WebLinkAbout05-3236Stephen L. Grose, Esquire Gary E. French, Esquire Keefer Wood Allen & Rahal, LLP Attorneys for Plaintiff 415 Fallowfield Road Camp Hill, PA 17011 Ph: (717) 612-5802 Fx: (717) 612-5805 saroseceeferwood. corn ANGEL J. ANILE, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005 -1,2 3 (a_ TWG, LLC; 4815 ASSOCIATES, LLC; and THOMAS R. GEORGE, JR. Defendant Eq== ACTION NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Stephen L. Grose, Esquire Gary E. French, Esquire Keefer Wood Allen & Rahal, LLP Attorneys for Plaintiff 415 Fallowfield Road Camp Hill, PA 17011 Ph: (717) 612-5802 Fx: (717) 612-5805 sgrose(a keeferwood.com ANGEL J. ANILE, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2005 _336 TWG, LLC; 4815 ASSOCIATES, LLC; and THOMAS R. GEORGE, JR. Co v, f Defendant FACTION COMPLAINT NOW COMES, Plaintiff, ANGEL J. ANILE, by her attorneys, Keefer Wood Allen & Rahal, LLP, and makes the following Complaint, averring as follows: Plaintiff is ANGEL J. ANILE, an adult individual residing in Boiling Springs, Cumberland County, Pennsylvania. 2. Upon information and belief, Defendant TWG, LLC, is a Pennsylvania limited liability company having its registered office located at 510 North Front Street, Wormleysburg, Cumberland County, Pennsylvania (hereinafter "TWG"). Upon information and belief, Defendant 4815 ASSOCIATES, LLC, is a Pennsylvania limited liability company having its registered office located at 323 Williams Drive, Hershey, Dauphin County, Pennsylvania (hereinafter "Associates"). 4. Defendant THOMAS R. GEORGE, JR., is an adult individual residing at 14 Mill Street, Deny Township, Dauphin County, Pennsylvania (hereinafter "George"). On or about April 18, 2005, TWG conveyed to Anile a parcel of land containing approximately one (1) acre of land, together with improvements, located at 4819 East Trindle Road, Hampden Township, Cumberland County, Pennsylvania (hereinafter the "Property") 6. At the time of the conveyance, Anile intended to use, and is now using, the Property as the principal place of business for her wholly owned corporation, Guardian Angel Mortgage Services, Inc., a Pennsylvania business corporation. Prior to the conveyance of the Property to Anile, on or about March 23, 2005, TWG attempted to enter into a mutual cross-easement agreement with a neighboring, but related, property owner, Associates, whereby Associates would have the right to install all or a major portion of a detention basin on the Property. The detention basin would service the property at 4815 East Trindle Road owned by Associates. A true and correct copy of the purported Easement Agreement dated March 23, 2005 (hereinafter the "Easement Agreement'), is attached hereto as Exhibit "A" and incorporated herein by this reference. 8. Anile believes, and therefore avers, that TWG and Associates are owned and/or controlled by George. 9. TWG, Associates and George held the executed Easement Agreement in confidence and did not disclose its existence to Anile. Notwithstanding that it was signed by the last signor on March 31, 2005, the Easement Agreement was not recorded in the Office of the Recorder of Deeds in and for Cumberland County until April 15, 2005, the last business day prior to the April 18, 2005, closing on the conveyance of the Property to Anile. -2- 10. The Easement Agreement is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Book 716, Page 3735. 11. The Easement Agreement was not reported on Anile's title commitment. 12. At closing on the conveyance of the Property, TWG executed an Owner's Affidavit which affirmed that there were no easements of record other than those appearing on the title commitment accompanying the Owner's Affidavit. A true and correct copy of the Owner's Affidavit is attached hereto as Exhibit "B." 13. TWG's affirmation on the Owner's Affidavit was, upon information and belief, intentionally or negligently false in order to avoid disclosure of the Easement Agreement at closing. 14. TWG, Associates and George, upon information and belief, intentionally or negligently deceived Anile into acquiring the Property subject to an undisclosed easement that substantially and adversely impacts the use of her Property. 15. The recorded Easement Agreement is defective and fails to convey any easement rights in the Property to any of the Defendants, in that it fails to identify the Property in the text of the document and depicts a sanitary sewer line located on an adjacent parcel as Exhibit "A" to the Agreement. Therefore, there is no description of the easement or reference to the Property filed of record, nor was Plaintiff aware of the same. 16. TWG, Associates and George should be enjoined from enforcing rights to utilize a cross-easement under the defective Easement Agreement, and the Easement Agreement should be stricken from the record. -3- 17. Anile would suffer immediate and irreparable harm if the Defendants are not enjoined from exercising rights granted by the unlawful Easement Agreement, in that Defendants have already sent construction equipment onto the Property for the purpose of cutting down trees and constructing a detention basin thereon. Anile has blocked the construction equipment by parking automobiles on the disputed area, but trees have already been cut and removed. Further, holes have been drilled on the Property to determine percolation. 18. Anile cannot be compensated by monetary damages because of the uniqueness of land and the loss of ability to utilize the area subject to the unlawful easement. WHEREFORE, Anile respectfully requests this Honorable Court to grant an injunction restraining Defendants from exercising any of the rights obtained under the Easement Agreement and further to enter an Order striking the Easement Agreement from the records of the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania and grant such other relief as this Court deems fair and just. KEEFER WOOD ALLEN & RAHAL, LLP -r Dated: June ??, 2005 By - 'Step en L. Grose, Esquire Attorney I.D. 31006 Gary E. French, Esquire Attorney I.D. 25810 415 Fallowfield Road Camp Hill, PA 17011 Ph: (717) 612-5802 Fax: (717) 612-5805 Attorneys for Plaintiff, Angel J. Anile -4- VERIFICATION I, ANGEL J. ANILE, hereby certify that the facts in the foregoing Complaint are true and correct to the best of my knowledge, information and belief, and further state that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. EASEMENT AGREE THIS EASEMENT AGREEMENT, dated this day of and between TWG, LLC, of Derry Township, Dauphin County, Pennsylvania, hereinadk referred to as "Party of the First Part", and 4815 ASSOCIATES, LLC, of Derry Township, 1113 Dauphin County, Pennsylvania, hereinafter referred to as "Party of the Second Part". WITNESSETH: WHEREAS, the Party of the Second Part is proposing improvements to certain tracts of property in Hampden Township, Cumberland County, Pennsylvania known as Tax Map Parcel No. 10-22-5279-109 and Tax Map Parcel No. 10-22-527-110 along Trindle Road (herein jointly and severally referred to as "the Property"), as shown on a Plan by Light-Heigel & Associates, Inc., titled "Preliminary/Final Land Development Plan for 4815 Trindle Road (hereinafter referred to as the "Plan"); and WHEREAS, the Party of the Second Part seeks approval of the Plan from Hampden Township, and the Plan includes a storm water management basin which occupies and benefits both tax map parcels referenced above; and WHEREAS, for purposes of installing and maintaining the storm water management basin on the Property, the Party of the Second Part is further desirous of giving to the Party of the First Part over Party of the Second Part's property, and Party of the Second Part is desirous of accepting a storm water easement (herein referred to as "Easement"), as shown on the attached Plan, which Easement is more fully described in the Plan attached hereto as Exhibit "A" and incorporated herein by reference; and WHEREAS, for purposes of installing and maintaining the storm water management basin on the Property, the Party of the First Part is further desirous of giving to the Party of the BOOT( 716 PAGE3'735 Second Part over Party of the First Part's property, and Party of the First Part is desirous of accepting a storm water easement (herein referred to as "Easement') as shown on the attached Plan, which Easement is more fully described in the Plan attached hereto as Exhibit "A" and incorporated herein by reference. NOW, THEREFORE, with the intent to be legally bound hereby, and in consideration of the sum of One Dollar ($1.00), receipt of which is hereby acknowledged, and the mutual promises, covenants and undertakings set forth in this Agreement, the Party of the First Part and Party of the Second Part hereby agree as follows: Easement Parties do hereby grant, convey, release and quitclaim unto each other, their successors and assigns, an Easement described in the Plans attached hereto as Exhibit "A" and incorporated herein by reference in, to, upon, and over the Parties' respective tracts of real property, for purposes of Parties and their agents, servants, employees, and representatives entering in, to, upon or over Parties' premises with equipment and materials during construction of the aforesaid improvements, including without limitation, the repairing, installing, constructing, maintaining, operating, using, removing, relocating, or otherwise improving the storm water management basin, and other improvements on, in, or about the storm water management basin, and for such other purposes and uses as may be consistent with the use of the Easement, as exi ended herein. 2. Leeal Description of Easement. BEGINNING at a point on the Northeast comer of the herein described Easement, said point being on a bearing of South seventy (70) degrees forty-nine (49) minutes eighteen (18) seconds East, a distance of thirty-six and twenty- two hundredths (36.22) feet from the Northwest comer of the lands now or formerly of 4815 Associates, L.L.C.; thence South twenty-six (26) degrees nine (09) minutes sixteen (16) seconds aoun 716 Pn E 31736 East, a distance of seventy-three and fifty-four hundredths (73.54) feet; thence South twenty-six (26) degrees four (04) minutes forty-four (44) seconds West, a distance of fifty-eight and fifty- four hundredths (58.54) feet; thence South seventy-eight (78) degrees twelve (12) minutes nineteen (19) seconds West, a distance of eighty-four and ninety-seven hundredths (84.97) feet; thence North fourteen (14) degrees twenty-four (24) minutes six (06) seconds West, a distance of one hundred ten and ninety-three hundredths (110.93) feet; thence North seventy-four (74) degrees forty (40) minutes fifty-nine (59) seconds East, a distance of one hundred seven and ninety-two hundredths (107.92) feet to the point of BEGINNING. CONTAINING 0.2910 acres, more or less. 3. Inithd Costs of Construction. Parry of the Second Part shall be responsible for the costs of installing and constructing the storm water management basin described herein 4. Continuing Maintenance of Improvemeata. Upon completion of the storm water management basin, the Parties shall share equally the maintenance of the storm water management basin located on their tracts of real property described herein. 5. Duration. This Easement Agreement shall run with the land; shall benefit and burden both Parties' properties respectively; and shall inure to the benefit of, and be binding upon, the Parties and their respective heirs, successors, and assigns. 6. Severability. The provisions of this Easement Agreement shall be deemed independent and severable, and the invalidity or unenforceability of any provision or portion i hereof shall not affect the enforceability or validity of any other provision or portion thereof. 7. Interpretation. This Easement Agreement shall be construed, interpreted and applied in accordance with the laws of the Commonwealth of Pennsylvania. BOOR 7.16 PACE3737 8, Counterparts. This Agreement maybe executed in counterparts, each of which shall constitute an original, but all of which together shall constitute the same instrument. IN WITNESS WHEREOF, and with the intent to be legally bound hereby, the Parties hereto have set their respective hands and seals on the day and year first above written. WITNESS: TWG, LLC By. -'ham WITNESS: 4815 ASSOCIATES, LLC By: BOOK 710 PAGE3738 Commonwealth of Pennsylvania County of Dauphin 11 AND NOW, this 31 ?` da of _ amebt 2005, before me, the undersigned Notary Public, appeared who acknowledged himself to be a Member of TWG, LLC, and he, as such Member being authorized to do so, executed the '?,. U.._ U ant for the purposes therein contained by signing the name of TWG, LLC by IPI' S WHEREOF, I hereunder set m hand and official seal, Ir .ar /Lv n Nsnm Notary Public nn ug BU My commission expires d WO C ?L?p 7:03dN 6 Y Commonwealth of Pennsylvania County of Dauphin AND NQW, this a 3r'? day of M-k r e 2005, before me, the undersigned Notary Public, appeared Thomas R. George, Jr., who acknowledged himself to be a Member of 4815 ASSOCIATES, LLC, and he, as such Member being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of 4815 ASSOCIATES, LLC by himself as Member. IN WITNESS WHEREOF, I hereunder set my hand and official seal. c sutw or NOTARIAL S DrorMyr iy Notary Publi ` My commission expires Certify this to be recorded ,.. ._._ • ,t.. PA w• Boor 7"16 PAGE3739 ry ANPP 'a -?MttsFatCV Awacs oy Mt o>ftft _ N74A 1 'w qL4AW41. - - ae? C%ewuP4 Awo A40L7tfa { !'7rlSrrAf& PRWOM 30' SANITARY SERER EASENM l LANDS N/F OF g 4815ASSOCfATES, LL C. (C/O TOM GEORGE) $ DEED BOOK 264. PARE 0176 TAX NAP PARCEL /10-22-827-110 LINE DATA ir t" Q o MII > 30' SANITARY SEWER EASEMENT PLAN I1CM-HOGS , AM ASSOCIATW, INC. m EN6ZWZffi and SLONEYORS 4815AMO0OM71M LL.Q 430@{STAMlN$NZ%ZPAlA#MkPA 1707A LMAKG 1N OIMAWUR AAKOMMAOaED HgavaMO w-J&V*80 aen HAMPDEN TWP.. CUMBERLAND CO.. PA MWOVAI. 0WZCEB DATE: 03/15/00 SCALE: 1' - 50' OMB.MA.:04-0237.A337 LA AMPIA HAUFAXPA 3CKIRI41IMIAWKPA %WCNO M PA DRAM BY: EAN MAP DMECK: SAM SHEET MO.:1 cr 3 NMia\aMLAA VENAIRSA.AU 11NNNIaO.M EMBIT uan BppL 716 PACE2,:4O ............ TRINDLE ROAD SR 0647 06/20/2005 14:40 717-691-1668 GUARDIAN ANGEL MTG PAGE 13/13 SUN-20-2005 12156 UNIVERSRL. SIMLEPENT SERU P.02 )N this theday of r AA, 2005 Min not, the olltktsgned ot6oq personally appeared the Under IFINI, who being duly mr'am ,carding to la0'Atd lnJtaptd to IeWbbou?Od//ape-74J r(?)a,,?aq(t)IhethalehMhry l/d/yl?e the Rx 11A owner(e)oSrbend aatsp tmo'yn as: 4,4,g%I LLl? 12. 3 0 ._ (PtoPatY Addreu) uBMmt m ilageos following representations, in eonjmalm with and to twhli as the completion ad consummation of the pending st&Woc sgtof the real state reRrmeed above. I That i:,ore ass no mastanding deeds, mortgages, bmi rupoiei, amamemm moMnbrman,jodgmear, paring wlte, lesson, contacts ofsele, land wnnos, opdons o equities of any khrd rat tally disclosed otreemd a un wonlati at *ft the title to said rend tame acrd that there we no perdFs In possession or mgdd to posecdon other then dare shown on der Camdtment to more &114"d 719e Warmest Policy. ;. ThaL no oak, labor or material has beanfantlhd or pa4Nmed or aderd ad or to ad red store Which boa not beer tally and eomphatly, pold for, net has my repair, dtaedon a InVr mwtbow lady comgletrd a about amid AM ante within the Ian 120 days ror which theright to file a rneobanlm'a o mearfslmw'o Iles trdgbe mint Aar boo myuandaBed thing fer lim ardiaputed claim for payment been made for labor or meatial furnished to said pmrNaa. f i. That theta at no court prooeedknge of disputes with mypada wncaettri; d boundary Ilneg of said pmrdsssq that Ilan too no maosclmma upon mid promises from adjawt propatlat net metwbWtl day impiniventl loraad On object rat sine Men dlolnlng land. , I. That that smno limo a me mbrana4 web s jdgmentl, mortgages, ventioia' Ilass, Mot Isms, mshmle'l lies, $On or federal lime, county, municipal, borough or school taxes against the property at it's a gene(s) and lomm byAfdea Mat awe net been property disposed bten the serdement aftemem enewred on apart at this nensodm. i. Thor drew tee no ounrmdiwg sutrmnd ageism old reai cues norhs my gotlw bean rengtvd s to pradmg sasammn 6yeny govemmmnl agency, municipality, county or township for any btgwvanaat at ownift 'Met there has been no nods by my govenanmW nibairy fa the mmovsl ci abatement of mynuismoe deg to violations of bulld(es ends, mhfnS regulellna, resbtalenss, net mdemalim of arty poMn afdrepremdst. The planar trcanrtim h net Itada W die purpose ofladetng, delaying or de@audinga any aedilors. TIM AIRo l te the grantor in this tmweodan ad 10 of Wage and fully competent to convey tide to cold premiem or the Laski Repreeelradve of Me Grantor and des haaby mum to said legal age ad norgeaay. Neither the ARamtrat cry aneNUe to theIM"ldge oftho Attica; hss My other pawn cord or pemdrad cry hserdous, We or dangerous wuw, mbaanw or materiel to be pined, hold, locetd a disposed of an, Order or at the pternlsee or my pea thereof. Neftha has the premiss, war my pert thwat beat used base need an a dump alit a storage site, (whether paromew or oastmary) fir my initiations sea. 0. that Ott A9lset to not a Ws m pens, feredge wApengen, foreign partnerabip, fefelgn trust or foreign (es those tome are de4rtd in the IRS Code and Income To ltegula xam) 1. If any Pr the AIBm s to a porgatsupOr narpaotioR, it's Offidill agmadng the doom te%including this a0ldwW; are properly authorized to do too and the parthaablpacorporatlonuvnlls We officials ad the mrdedigmd shell behound by this atttdwlt 2. The Makin Acknowledges payment in full of the contract ale prim If the manootton is subject to any min obhbaoL 3. All bil is forwata and cover at web removal ahags rand prier w We dare drove bow 1441y P.M. I a Bob ABlan; anmewledgs ftt bershelthey as ea a party to any pending diwme proceeding in anyjuriadiafon, ad the no Interest In said prendet has over been swadd a distributed to a Bad in Pbver of my forma spouse. 3. Bach MIAMI herby Car* (Ind laws ssgttVMMly to Amobb, MW ensign mydocunwm requsted by the Lender, Mortgage Brake; Closing Agent or Title Insumnee Staving for the completion or correction of my documents relative to this interaction, s. NfAmgs)dobaebyauthmize a,d drdr=Mnatiws m pgofrw ales ayOpa god LowA Una of Credit or Home equity Loam anrd by o a s ct toah o Ws Nether lommayou to pay No pulun Advanw Prom this date on Sash loam. ABfanu do fuaba mthmke% to make gill payments, parrW pcymm s or ANY OTHER payment they deem mossy an ea menus 7. ABimw do hereby erxborma dx dtlRlbul"nm,qf'"from 4_aettperi is gPodh on drc Settlement Saamndasd to make peymmw an amnnMon my/tea behattand to der Naka atdarlae,/11crtto dr ?i-Yfis?3f'LI mg gW mpticacgtgg to mdun my=mt der maim for s. A10anw aoknewldg0 than thry have benss dvirad atthsb rigbt to potions ooneld tide Innoenos a the dos MolalnB or at aY time in the future end q' 0a reel lbrsuaJt eoyuafa ha nos been secamted grr n Me seMemmt fixer eueh eovoegahts been declined. gthpeach ,Incl;ac WMns andted tide alfidwit ten tine ,r the revdaes, indding, wKhsm Bm{atlon, to " me port Ithe pum+l price to the pervia.. to Induee aurenee policies w the purdura andror the it proseortin end the they ass no ad waea to the bast of the •e being relied upon by the Interacted pemies to thin transaction WIN F tnnnctten(s) all an man hhey hays and get foregoing swermod and mprmeneBos ere M"Itoat to the ba llsalon ad melt combined In the instruments of cowneyorme, teem OR Jpd mbecd befo no 6,71#17-1' 4?Yr1 Al maryPublie %y? l/ NOIAM "Al. BRnW J. WHMCKER Notary public, LOCK HAVEN CAN ClJNMN COUNTY my Commwan saphek May 13,1008 U, W 1J V Nrl r ^A 1 Ut G L.'1 ^d d-" -G i ) -T1 -i ,- 3 ?-1 J :j Curtis R. Long Prothonotary Office of the i9rotbonotarp Cumberranb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 09-3-23L CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA RCP230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573