Loading...
HomeMy WebLinkAbout05-444806 29-05 13:29 FROM-SAS 'I DAVID RYAN and KIMBERLY RYAN, Plaintiffs, V. DAVID MARTIN and DENISE MARTIN, Defendants. 7172343611 T-074 P. 002/003 F-693 IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0!9 - g4NIO CIVIL ACTION - EQUITY AND LAW N O T I C E 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, 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. LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 08-29-05 13;30 FROM-SAS 7172343611 7-074 P.003/003 F-893 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan etas adelante en las siguientes pa'ginas, debe toruar acci6n dentin de los pr6ximos veinte (20) dins despu6s de ]a notificaci6n de esta Denranda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accik Como se describe anteriormente, el caso puede proceder sin usted y un £allo por cualquier sums de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin ma's aviso adicional. Usted puede perder dinero o propiedad u otros derechos importames para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TMNE UN X30GADO, LLAME O VAYA A LA SIGUIENTE OFICINA- ESTA OFICINA PUEDE PROVEERLE INFORiMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BA70 COSTO A PERSONAS QUE CUALIFICAN. LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 DAVID E. RYAN and KIMBERLY A. RYAN, Plaintiffs, V. DAVID MARTIN and DENISE MARTIN, Defendants. IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. D s - Wil? Ctv-LL Tin CIVIL ACTION - EQUITY AND LAW COMPLAINT AND NOW COME, Plaintiffs DAVID E. RYAN and KIMBERLY A. RYAN, by and through their counsel, Smigel, Anderson & Sacks, L.L.P., who file the within Complaint against Defendants DAVID MARTIN AND DENISE MARTIN by averring as follows: Parties: Plaintiffs David E. Ryan and Kimberly A. Ryan ("Plaintiffs" or "the Ryans"), husband and wife, are adult individuals and residents of the Commonwealth of Pennsylvania with an address of 114 Wayne Avenue, East Pennsboro Township, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendants David Martin and Denise Martin ("Defendants" or "the Martins"), husband and wife, are adult individuals and residents of the Commonwealth of Pennsylvania with an address of 116 South Humer Street, East Pennsboro Township, Enola, Cumberland County, Pennsylvania, 17025. Jurisdiction and Venue: 3. This Court has jurisdiction over the parties and subject matter of this case. 4. Venue is appropriate in Cumberland County, Pennsylvania pursuant to Pa. R.Civ. P. 1503, as it is where the causes of action arose, where transactions and occurrences took place out of which the causes of action arose, and/or where the property in question is located. Factual Back round: 5. Plaintiffs and Defendants own adjacent properties at the above-listed addresses in East Pennsboro Township, Enola, Cumberland County, Pennsylvania. 6. Plaintiffs are the owners of the real property referenced, ¶ 1 supra, and legally described as follows: BEGINNING at a point marked by a hub on the East side of Wayne Avenue (30 feet side), said point being 232.5 feet South of the intersection of Wayne Avenue with the projected center line of Huntington Avenue; thence extending along the line of land formerly of David Goodyear, thence by the same, North 03 degrees 50 minutes East, 9.10 feet to a point; thence still by the same, South 86 degrees 43 minutes East, 211.94 feet to a hub on the West line of Valley Road (presently unopened); thence extending along the West line of Valley Road, South 10 degrees 10 minutes East, 378.38 feet to a hub on the NorthErn line of 50 feet wide unnamed street (presently unopened)p thence along the same, North 66 degrees 14 minutes West, 350.0 feet to a hub on the East side of Wayne Avenue, aforesaid; thence along the East side of Wayne Avenue, North 03 degrees 00 minutes West, 235.0 feet to a hub at the point and place of BEGINNING. BEING ALL OF LOTS NOS 12 and 13 on the major portion of Lot. No. 14 and a small part of Lot No. 15, Section "H" on the Plan of West Enola, which plan is recorded in the Cumberland County Recorder's Office in Plan Book 1, page 29 and a revised plan of which is recorded in said Recorder's Office in Plan Book 2, page 20. ("the Ryan Property"). A true and correct copy of the deed is attached and made a part of this Complaint as Exhibit "A ". Plaintiffs acquired title to the Ryan Property on May 27, 1998 when they purchased it from William R. Ryan, Jr. and his wife, Mildred J. Ryan; the Deed was recorded in the Record of Deed's office of Cumberland County on June 4, 1998, on page 741 in deed book volume 178. 8. William R. Ryan, Jr. and Mildred J. Ryan had previously owned the Ryan Property since May 9, 1973, when they purchased the same from Francis W. McConnell and his wife, Patricia L. McConnell. 9. Defendants are the owners of the real property referenced, 12 supra, and legally described as follows: TRACT NO. 1: On the North by Lot No. 5, Block "H" on the hereinafter mentioned Plan of Lots, on the East by Wayne Avenue, on the South by Lot No. 7, Block "H", on the hereinafter mentioned Plan of Lots, and on the West by Humer Street (formerly named Somerset Street) and extending in depth an even width of 200 feet to Wayne Avenue, and being Lot No. 6, Block "H" on Plan of Lots of West Enola, which plan is recorded in the Recorder of Deeds Office in and for Cumberland County at Carlisle, Pennsylvania, in Plan Book 1, Page 29. TRACT NO. 2: 295 feet frontage on Somerset (n/k/a South Humer Street), 200 feet adjacent to an alley, 295 feet of frontage on Wayne Avenue, and 200 feet adjoining Lot 6, Block "H" (a/k/a Tax Parcel 09- 15-1290-055). BEING Tax Parcel #09-15-1290-054, Lot 5-H, Humer Street. Lot 5-H is bounded by the alley on the north, Wayne Avenue on the East, Tax Parcel 055 on the South and South Humer Street on the West. ("the Martin Property"). A true and correct copy of the deed is attached and made a part of this Complaint as Exhibit "B " 10. Defendant Denise Martin acquired title to the Martin Property on May 7, 2003, through a deed recorded on May 14, 2003, in the recorder's office of Cumberland County, on page 156 in deed book volume 257, by purchasing the same from Charles E. Baker. ("Baker"). 11. Baker had previously owned the Martin Property since June 22, 1993, when he purchased it from David Martin and his wife, Denise Martin by deed recorded on July 8, 1993, in the Office of the Recorder of deeds of Cumberland County, Pennsylvania, in Deed Book volume 690, Page 4400. 12. The Ryan property and the Martin property are adjacent and the parties herein share the common use of an undeveloped portion of Wayne Avenue located between the two properties known as the Paper Street. ("the Paper Street"). 13. The Paper Street is in no way more so attached to the Martin property than it is to the Ryanproperty. See Plan of Building Lots, a true and correct copy of which is attached hereto and made a part of this Complaint as Exhibit "C" 14. All residents in the area shown on the Plan own a portion of the Paper Street up to the centerline of the property. 15. The Plaintiffs have been using without reservation, the Paper Street to enter and exit their driveway since the time they purchased their property. 16. On or about January 5, 2005, Defendants planted six (6) trees in the middle of the Paper Street and excavated portion thereby preventing Plaintiffs from accessing the right of way. 17. Plaintiffs voiced their objections to the newly planted trees and the obstruction of the Paper Street created by the Defendants. 18. Defendants disregarded Plaintiffs request to discontinue planting trees on the Paper Street, as well as their request for the newly planted trees to be removed. 19. On or about February 8, 2005, Defendants posted a hand-written notice on one of the newly planted trees, which advised Plaintiffs not to "trespass" on the property in dispute. 20. Defendants Notice suggests that the Defendants purportedly have sole possessory rights to the Paper Street. A true and correct copy of the Notice is attached and made a part of this Complaint as Exhibit "D". 21. The Paper Street has not been deeded out to any owner. 22. Plaintiffs have attempted to avoid litigation in this matter, yet Defendants have repeatedly refused to resolve this dispute in an amicable fashion prior to the filing of this Complaint. 23. Plaintiffs desire to have the trees removed and the Paper Street restored to its original form thereby allowing all residents in the area to make use of the right of way. COUNTI QUIET TITLE 24. Plaintiffs hereby incorporate paragraphs 1 though 23 of this Complaint by reference as if fully stated herein. 25. The Paper Street has never been offered or dedicated to the township of Pennsboro and therefore, the owners of property within the Plan have private rights of easement by implication over the Paper Street. 26. On March 30, 1993, Defendants petitioned this Court to Quiet Title the land known as Lot No. 5, Block "H" on the Plan, yet this petition did not include the Paper Street currently at issue in this Complaint 27. To date, the Paper Street remains undeveloped, as shown on the Plan for the area in which the two properties are located, and is available for use as ingress and egress by any person owning real estate in this area. 28. The Paper Street is a public right of way whereby defendants actions of planting trees constitutes an encroachment upon the land and a violation of the public ownership rights of the plaintiffs, as well as other residents in the area. WHEREFORE, Plaintiffs respectfully request this Honorable Court to: a. Declare the rights of the parties to this matter, in and to Wayne Avenue and the Paper Street between the Martin property and Ryan property. b. Declare that the Defendants do not possess sole ownership of the Paper Street in dispute but in fact, share a common use of the land with all residents in the area as shown on the Plan. C. Enter an order that Defendants have no legal right to prohibit the use of the Paper Street by the Plaintiffs or any other residents in the area. C. En*er an Injunction Order barring Defendants from asserting sole right, lien, title or interest in and to the Paper Street inconsistent with the interest or claim of the Plaintiffs or any other residents in the area any time in the future. d. Enter an Order directing Defendants to reimburse Plaintiffs for Attorneys fees and costs expended in the litigation of this matter; and e. Such other relief as this Court may deem just, reasonable and proper. COUNT II TRESPASS 29. Plaintiffs incorporate paragraphs 1 through 28 of this Complaint by reference as if fully stated herein. 30. As a result of maintaining the six (6) trees on the Paper Street, Defendants have deprived Plaintiffs of the use and enjoyment of the property. 31. From time to time since June of 2003, Plaintiffs have notified Defendants not to trespass or cause any trespass on the portion of the Paper Street that belongs to them and to desist from activities that would result in breaching Plaintiffs property line as stated more fully supra. 32. Notwithstanding such notice, Defendants have persisted, and continue to persist, in committing the above-referenced acts of trespass upon the Paper Street. WHEREFORE, Plaintiffs respectfully request this Honorable Court to: a. Enter an Order directing Defendants to remove any and all trees and any other objects or personal property affixed or placed by them or their agents on the Paper Street within thirty (30) days of the Order's entry; b. Enter an Order prohibiting Defendants from planting trees or placing other objects or personal property on the whole of the Paper Street in the future; C. Enter an Order directing Defendants to reimburse Plaintiffs for Attorneys fees and costs expended in the litigation of this matter; and d. Such other relief as this Court may deem just, reasonable and proper. Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP Date: By: IZ [ )hw Peter M. Good, Esquire I.D. #64316 Susan M. Zeamer, Esquire I.D. # 82023 4431 North Front Street Harrisburg, PA 17110-1709 (717) 234-2401 Attorneys for Plaintiffs VERIFICATION I, David Ryan, verify that the statements contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of I8 Pa,C.S. § 4904, relating to unworn falsification to authorities. Date: T t % 9 46115- t David Ryan, aintiff VERIFICATION I, Kimberly Ryan, verify that the statements contained in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Date: 1 ©J? -/4'r LJI (I 406? mberly Rya Plaintiff Parcel #09-14-0834-253 This Indenture _J i' i 2 A MADE the day of 19 i" , BETWEEN WILLIAM R. RYAN, JR. and MILDRED J. RYAN, his wife, Grantors, parties of the first part and DAVID RYAN and KIMBERLY RYAN, his wife, as Tenants by the Entireties, Grantees, parties of the second part: This is a tax exempt transfer from parents to son and daughter-in-Caw. WITNESSETH, that the said parties of the first part, in consideration of SIXTY THOUSAND DOLLARS ($60,000.00) to them now paid by the said parties of the second part, do grant, bargain, sell and convey unto the said parties of the second part, their heirs and assigns, ALL THAT CERTAIN House and Lot of ground situate in the Township of East Pennsboro, County of Cumberland and Commonwealth of Pennsylvania, bounded and described according to survey of Gerrit J. Betz, Registered Surveyor, dated April 20, 1973, as follows, to wit: BEGINNING at a point marked by a hub on the East side of Wayne Avenue (30 feet side), said point being 232.5 feet South of the intersection of Wayne Avenue with the projected center line of Huntington Avenue; thence extending along the line of land formerly of David Goodyear, now or late of Virginia M. Warden, South 88 degrees 55 minutes East, 54.18 feet to a hub; thence by the same, North 03 degrees 50 minutes East, 9.10 feet to a point; thence still by the same, South 86 degrees 43 minutes East, 211.94 feet to a hub on the West line of Valley Road (presently unopened); thence extending along the West line of Valley Road, South 10 degrees 10 minutes East, 378.38 feet to a hub on the Northern line of a 50 feet wide unnamed street (presently unopened); thence along the same, North 66 degrees 14 minutes West, 350.0 feet to a hub on the East side of Wayne Avenue, aforesaid; thence along the East side of Wayne Avenue, North 03 degrees 00 minutes West, 235.0 feet to a hub at the point and place of BEGINNING. BEING ALL OF LOTS NOS 12 and 13 on the major portion of Lot No. 14 and a small part of Lot No. 15, Section "H" on the Plan of Lots of West Enola, which Plan is recorded in the Cumberland County Recorder's Office in Plan Book 1, page 29 and a revised plan of which is recorded in said Recorder's Office in Plan Book 2, page 20. HAVING THEREON ERECTED a two-story frame dwelling numbered 114 Wayne Avenue, Enola, Pennsylvania. -ING THE SAME PREMISES Francis W. McConnell and Patricia L. McConnell, his wife, by deed dated May 9, 1973, and recorded May 11, 1973, in the Office of the Recorder of Deeds in Deed Book D Book 25, page 512, granted and conveyed unto William R. Ryan , Jr. and Mildred J. Ryan, his wife, Grantors herein. Under and subject to any and all covenants, conditions, restrictions, right-of-ways, objections, easements, agreements, etc., as they appear of record. With the appurtenances: TO HAVE AND TO HOLD the same unto and for the use of said parties of the second part their heirs and assigns forever, And the said Grantors for their heirs, executors and administrators covenant with the said parties of the second part their heirs and assigns against all lawful claimants the same and every part thereof to Specially Warrant and Defend. WITNESS the hands and seals of the said parties of the first part. WITNESS: nn i ft. 'e (Seal) WILLIAM R. RYAN . (Seal) MILDRED J. RYAN Or ?? 10}6;: L 3HF,r.ra My Comm Exp. VM200i Bonded By Service Ins PUBIIC STATE OF FLORIDA.- Nn.cc662422 / / ',. ) l 1 1(nywn i-Tbthe? 4 COUNTY OF ftwwaY ON ON THIS the day of ill . c _ A.D., 19 % ! , before me, the undersigned officer, personally appeared WILLIAM R. RYAN, JR. and MILDRED J. RYAN, his wife, kY ou1n-tmme (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Nofary Public CERTIFICATE OF RESIDENCE 17025I hereby certify that the precise residence of the Grantee is 114 Wayne Avenue, Enola, PA . ,... W, J ? 08/27/2000 10:21 FAX 717 202 8986 x]002 .I re\dsd\eMEawutin ?? II v Q39 ?? el i (?-t5_l p b55 THIS DEED XADE THE day of in the year of our Lord Two Thousand Three (2003). B€TWENN CHARLES E. BAILER, single man and Grantor, DENISE E. MARTIN, married person, Grant6e, WITNESSETH, that in consideration of THIRTY THOUSAND AND N01100 y j t v n ------------------------ ($30,000.00)------------------------- Doll3rs,o 3 2 ?, r in hand paid, the receipt whereof is hereby acknowledged, the said' Grantor does hereby grant and convey to the said Grantee, her heir P and assigns, 00 TRACT N0. 1: ALL THAT CERTAIN piece or parcel of land with the improvements erected thereon, situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: On the North by Lot No. 5, Block "H", on the hereinafter mentioned Plan of Lots, on the East by Wayne Avenue, on the South by Lot No. 7, Block "H", on the hereinafter mentioned Plan of Lots, and on the west by Humer Street (formerly named Somerset Street) and extending in depth an even width 200 feet to Wayne Avenue, and being Lot No. 6, Block "H" on Plan of Lots of West Enola, which said Plan is recorded in the Recorder of Deeds Office in and for Cumberland County at Carlisle, Pennsylvania, in Plan Book 1, Page 29. TRACT-NO-2: ALL THAT CERTAIN tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: a. 295 feet frontage on Somerset Street (n/k/a South Humer Street) -1- MR 2V PAGE 156 08/27/2000 10:22 FAX 717 202 8988 Z004 b. 200 feet adjacent to an alley c. 295 feet of frontage on Wayne Avenue d. 200 feet adjoining Lot 6, Block "H" (a/k/a Tau Parcel 09-15-1290-055) BEING Tax Parcel #09-15-1290-054, Lot 5-H, Humer Street. HBING ALSO located on the East side of South Humer Street, between Huntington Street and Westmoreland Avenue and has as adjacent parcels, 052, 053 and 055. Lot 5-H is bounded by the alley on the North, Wayne Avenue on the East, Tax Parcel 055 on the South and South Humer Street on the West. BRING Lot 5, Bock H, Plan Book 2, Page 70 in Cumberland County Plan of West Enola. The above stated Tract No. 2 was the subject of a quiet title action filed in the Court of common Pleas of Cumberland County, Pennsylvania to Docket No. 1107, Civil, 1993. BRING the same premises which David J. Martin and Denise E. Martin, husband and wife, by deed dated June 22, 1993, and recorded July 8, 1993, in the office of the Recorder of deeds of Cumberland County, Pennsylvania, in Deed Book 690, Page 4400, granted and conveyed unto Charles E. Baker, Grantor herein. AND the said Grantor hereby covenants and agrees that he will warrant specially the property hereby conveyed. IN WITNESS WHBREOP, said Grantor has hereunto set his hand and seal the day and year first above written. Signed, Sealed, and Delivered in the Presence of (SEAL) CHARLES E. BAKER -2- 0o9K 257 PACE W. 08/27/2003 10:21 FAX 717 232 8888 r COMMONWEALTH OF PENNSYLVANIA: : SS: COUNTY OF CUMBERLAND 2003 On this, the -7-1A day of 2003, before me the undersigned officer, a Notary Public, personally appeared CHARLES E. BAKER, 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 have hereunto set my hand and official seal the day and year first above written. Notary P . lic NOTARIAL SEAL KATHLEEN KEIM, NdW Public New Cumherlatd Dwro OWEI)MW CO. MycOmmis wEkes Dec. S.2MB I do hereby certify that the precise residence and complete poet office address of the within named Grantee is: /i? s. ffrwt.4- S?= rn ?'?[ Z.9 9 Atto for 04 •, i 01 a r'r to t,e recorded o m a County PA tt6. ? ? e o -3-. " f??' PAGE 59 ? Recorder of Deeds j O 6 u A F;-GK 2V io:21 FAX 717 232 8988 Q ? 4 ?- ('17 f--2 f Im 091 1 L A N rC A S T E R 11 l 1 l+J 9 7 nl ? ? i n'..• A /e ?. n o r ? Y J 5 0 M E r2 S E T ST_ h h ) i• rliTr T1 ara ?? / •? J• 1 S J Jti J. H fI ?• rl 1 n ,r U• a r I a ? i N •? j y L C. H ESS, c, v 1 u r N o I a E[ w. /j, / E3 Vlld ing LI1I-s on $rn TE R4AD ? ?. from .c( L.ne S. .. FILNT1LgnON RD -- • - .. • WEST MGFIE L/AY- '<? CE'1-?E>TRc_ -moo Ct?t SfFH - -. , .C InEFSLT ST -- F r: A,. r - , I :' .J 6I o ?. oyo • J I T _ J1I __ f Y!? oc Ll S f/ I LDI N LOTS PLAN 4 B? -'?- ?v ST EN ALA N BE.F. LAND COU T U Petit r1 T S r k L E T r. I F F? n' :. Tr?- < C '`FTC ?- -1 _M E-k' EyT 5TH OMERSE'r •ST• I C 4-i E55, C, V I l f N 4, N[ i 11 S STORE; 717 728 3257; klar-30-05 1 2 04PM; Page 2/2 40. 7003 21 i o oo 0 6 3 959 8e71) 168RU19RY $, 2005 NO 71RESP,4,SS /V67-/CE 4V/D E RYAN AND klM RYA/V (RY,,W F,4M/Ly) 0' / A/ WAYNE AVE., FA..57- PE/VNSBORo, ENOL,C}, 1702$ GH/LDRVN OF= Of1U/D 1` RYAN ANQ IOf RYAN, p;<75 of zaAVIDE RYAN Afvl:$ KIM RYAN, WD TH/tza 44ZT/ES of A4V/A E RYAN ANp KIM RYAN. D#IV/a 4NA D;?N/SE //70¢2T/N CMA1ZVIN Fi4/?I/LyJ of l/L S. HUmjFR 57, ,9ND //g 6. Hu/*J>=2 s>-C IOCa (r}4xen S. HOME2 AND L-)AY/vP-r o4x?P? EW67- FONN3a;O2o , T NOi-/4 , IPA 170 ZS 7WN5 No -TAESA955 /VO77cE HEREBY T:WFORMS -7-HE 04 SOLE AI*MC-,D RY R-N F09," IL y )F III/ W01VAIE 4V4c., EI\Jovq, P;4 -nyfrr om/no/v1C/rr/ON w/7tj-7HE A(3Oue NIZrED p?hVZ 7N Fiqml" oP ///0 5. ffOME2 4NU //a 5. /40m.e7/Z ST,?NOV¢, PA /S No7- F'e`?r?? lss/13LE vNDER- ANY Fb%e e f C6//ps7u/ylCigT/oN CO/ry MO N (CATTION , 7-HE Fj?)L46WIN6- SS nrO r fF Law> ~D; VER 4344 ,- wRl lr? Co22ESF?snIC i?ECDF AN`l FO2m?), PI'fOAJE, o2 5l CAN [-r N?U,4?E CoF Hrvy Fbarb), 02 C6/7-2pv7E:2 , 7-2W RMAJ FARWLy oR PATS of TAE RYAN F,4/p7/Ly is NO-r ,fL46k?C=D To ?1??D UIb,V 77-fE Pt}y51C.0g4 4?.Ropmm7 y of AND F?Ff MZ.SS/oN OF 7ytr27, t'0g{271Es 0- R y 1'tN ,F"P? 1 Ly 92 R6E/?js -IWSE EOF f32E /VOT' f4-L-6LJt)? ON --rHE Mopffzry DF '7ffE' m)cXrr/N -AW-mlLy. ,4NY VIOL,4TION of-rNIS Ald-ME Wll-4- mEsozT Z'N TiiE I61-ICE ol2- 073iE12- L,¢1N ?N?C?/r%ENT T.3iE/N6 NQTI?IE 1? S mr>?p /A-r-EL.Y. 1YnIAviZ-'?F-Z-N Z-a8-2eos..? / ,IKrt•? r "? z? s/n6 mot. '-z' rat>RrTMGnfi-. ;Z-AS7- icl 1 V i"r 1 Y 1 . U -? C) (7 1 ?? } ,!t J? I On SHERIFF'S RETURN - REGULAR CASE NO: 2005-04448 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RYAN DAVID ET AL VS MARTIN DAVID ET RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE MARTIN DAVID was served upon DEFENDANT the at 1618:00 HOURS, on the 9th day of September, 2005 at 116 SOUTH HUMER STREET PA 17025 by handing to DAVID MARTIN a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 12.80 Postage .37 Surcharge 10.00 .00 41.17 Sworn and Subscribed to before me this day of n OS A.D. Prot- ota y So Answers: R. Thomas Kline 09/12/2005 SMIGEL ANDERSON ACK By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2005-04448 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND RYAN DAVID ET AL VS MARTIN DAVID ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon MARTIN DENISE the DEFENDANT , at 1618:00 HOURS, on the 9th day of September, 2005 at 116 SOUTH HUMER STREET PA 17025 DENISE MARTIN by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this J3 day of Y A.D. Pr not y So Answers R. Thomas Kline 09/12/2005 SMIGEL ANDERSON S KS By: e ffI puty Sheriff Robert Radebach, Esquire 912 North River Road Halifax, PA 17032 717-896-2666 robradebachatty@aol.com Attorney for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAVID E. RYAN and KIMBERLY A. RYAN, Plaintiff CIVIL ACTION - EQUITY & LAW vs DAVID MARTIN and NO. 05-4448 CIVIL DENISE MARTIN, Defendants ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Denied. On the contrary Defendant David Martin has no ownership interest of record for the premises averred by Plaintiffs as identified in Exhibit B of the Complaint and strict proof of the averment is hereby demanded. 6. Denied. Defendants are without knowledge or information as to the truth of the averment because the means of proof thereof are within the exclusive control of Plaintiffs and strict proof of the averment is hereby demanded. 7. Denied. Defendants are without knowledge or information as to the truth of the averment because the means of proof thereof are within the exclusive control of Plaintiffs and strict proof of the averment is hereby demanded. 8. Denied. Defendants are without knowledge or information as to the truth of the averment because the means of proof thereof are within the exclusive control of Plaintiffs and strict proof of the averment is hereby demanded. 9. Denied. On the contrary Defendant David Martin has no ownership interest of record for the premises averred by Plaintiffs as identified in Exhibit B of the Complaint and strict proof of the averment is hereby demanded. Denise Martin further avers that the deed appended to the Complaint is not the most current deed of record. Defendant avers that the legal description for her property is as follows: ALL THAT CERTAIN PIECE, PARCEL or tract of land situate in East Pennsboro Township, Cumberland County, Pennsylvania, as shown on a survey and plan thereof, prepared by Act 1 Associates dated August 25, 2003, a copy of which is attached hereto as Exhibit A, which is hereby made a part hereof and which premises are more particularly bounded and described as follows: BEGINNING at an iron pin set on the east side of Humer Street (50' wide Right- of-Way) at the northwest comer of lands now or formerly of Durham; thence along the east side of Humer Street, North six (06°) degrees zero (00') minutes zero (00") seconds West, a distance of three hundred fifty-five and zero hundredths (355.00') feet to an iron pin found at the south side of a fifteen (15.00') foot wide unopened alley; thence along same, North eighty-four (84°) degrees zero (00') minutes zero (00") seconds East, a distance of two hundred zero hundredths (200.00') feet to an iron pin found on the west line of Wayne Avenue (30.00' wide Right-of-Way); thence along same South six (06°) degrees zero (00') minutes zero (00") seconds East, a distance of thirty-three and zero hundredths (33.00') feet to an iron pin set; thence North eighty-four (84°) degrees zero (00') minutes zero (00") seconds East, a distance of fifteen and zero hundredths (15.00') feet to an iron pin set; thence along South six (06°) degrees zero (00') minutes zero (00") seconds East, a distance of two hundred twenty-two and zero hundredths (222.00') feet to an iron pin set at line of lands now or formerly of Durham, aforesaid; thence along same, thence South eighty-four (84°) degrees zero (00') minutes zero (00") seconds West, a distance of two hundred fifteen and zero hundredths (215.00') feet to an iron pin set at the east side of Humer Street, at the point and place of BEGINNING. CONTAINING 1.71 acres of land; and BEING all of Lot No. 5, all of Lot No. 6 and the northern 10' of Lot 7, on the Plan of West Enola, Section H, as recorded in Cumberland County Plan Book 1, Page 229. HAVING thereon erected a one story frame dwelling. BEING known and numbered as 116 Humer Street. BEING tracts No. 1 and No. 2, in the deed which CHARLES E. BAKER, Single Man, dated May 7, 2003 and recorded in Cumberland County Deed Book 257, Page 156, granted and conveyed unto DENISE E. MARTIN, one of the Grantors herein. IT IS THE INTENTION OF THE GRANTORS, BY THE EXECUTION AND RECORDING OF THIS DEED TO COMBINE THE TWO SEPARATE TRACTS OF LAND INTO ONE PARCEL WHICH SHALL HEREAFTER REMAIN ONE UNIFIED TRACT, WHICH COULD BE DIVIDED ONLY BY OBTAINING SUBDIVISION APPROVAL FROM THE TOWNSHIP OF EAST PENNSBORO. THIS TRANSFER IS WHOLLY EXEMPT AS A CONVEYANCE BETWEEN HUSBAND AND WIFE. BEING the same premises which Denise E. Martin et vir, by deed dated June 30, 2005 and recorded in Cumberland County Deed Book 269, Page 3870. 10. Admitted. 11. Admitted. 12. Admitted. 13. Denied. On the contrary Defendant Denise Martin avers that Plaintiffs and Defendant each own one half of the bed of the said unopened street, subject to the private easement rights of lot owners on the plan of West Enola to use the full bed of the street for access to their respective lots. Strict proof of the averment is hereby demanded. 14. Admitted. 15. Admitted. 16. Defendants admit to planting six small trees within the bed of Wayne Avenue, however the Plaintiffs immediately pulled them out of the ground and destroyed the said trees. Defendants aver that the Plaintiffs have obstructed the bed of Wayne Avenue in similar fashion without objection by Defendants, since the obstruction in no way interferes with access to the lands of Denise Martin. Strict proof of the averment is hereby demanded.. 17. Admitted. Defendants aver that the Plaintiffs have obstructed the bed of Wayne avenue in similar fashion without objection by Defendants. 18. Denied. On the contrary the Plaintiffs removed the trees and destroyed them. Defendant Denise Martin then replanted trees outside the bed of Wayne Avenue 19. Denied. Defendant Denise Martin never posted no trespassing signs. Strict proof of the averment is hereby demanded. 20. Denied. While the notice speaks for itself, it was mailed to the Plaintiffs. Defendants aver that they sought only to exclude the Plaintiffs from the lands of Defendant outside the bed of Wayne Avenue. Strict proof of the averment is hereby demanded. 21. Admitted. Defendants aver that due to the physical topography of the land which has existed since before the plan of West Enola was laid out, Wayne Avenue was never accepted by East Pennsboro Township as a public street, so that title to the bed of Wayne Avenue has become vested in the parties hereto subject to private easement rights over the whole of the bed of Wayne Avenue, portions of which have been obstructed by Plaintiffs prior to commencement of this action. 22. Denied. On the contrary the Defendants have on several occasions sought to resolve the issues which form the basis of the dispute raised by Plaintiffs, however these efforts have been unavailing. Strict proof of the averment is hereby demanded. 23. Admitted. Defendants aver to the contrary that they have not obstructed the bed of Wayne Avenue and that any existing encroachments in Wayne Avenue have been caused by Plaintiffs. Defendant Denise Martin avers that any Order entered in this case should require that neither Plaintiffs nor Defendant nor their respective heirs, successors, guests or invitees be permitted to make any encroachment upon the bed of Wayne Avenue. Strict proof of the averment is hereby demanded. 24. No. Answer is required to this averment. 25. Admitted. 26. Admitted. 27. Admitted in part and denied in part. Defendant admits that the subject street, Wayne Avenue, was never accepted as a public street and is not now a public street. Defendants aver that the only lot owners who have any practical interest in using Wayne avenue for access are Plaintiffs and Defendant, Denise Martin, while other owners of lots on the plan of West Enola may have rights to use Wayne Avenue, their rights are for all practical purposes moot because there is no street constructed there. Defendant avers that the three trees which had been planted in the bed of Wayne Avenue have been removed, however the Defendant avers that plaintiffs have yet to remove their encroachments in the bed of the "paper street' known as Wayne Avenue. 28. Denied. Wayne Avenue is not a public street and the public has no ownership rights to the said Street as averred by Plaintiffs in paragraph 25 of this Complaint. Strict proof of the averment is hereby demanded. WHEREFORE, Defendant Denise Martin requests that the Court enter an Order: a. Declaring that the parties each have fee simple ownership to one half of the bed of Wayne Avenue abutting their respective tracts of land, subject to the right of access over the whole bed of Wayne Avenue, thirty (30') wide; b. Declaring that neither Plaintiffs nor Defendant have any right of sole possession to the bed of Wayne Avenue, to the exclusion of any other lot owners on the plan of West Enola; c. Enjoining both Plaintiffs and Defendant from making any obstruction of Wayne Avenue and further requiring that any encroachment on Wayne Avenue abutting their respective properties be forthwith removed; c.(sic) Defendant requests that any Order entered in this matter declare that neither party to this action shall assert any rights inconsistent with the private easement rights of the other lot owners on the Plan of West Enola as recorded in Cumberland County Plan Book 2, Page 20. d. Dismissing any claim for reimbursement for costs or fees claimed by Plaintiffs. e. Granting any other relief which the Court deems meet and proper. 29. No answer is required to this averment. 30. Denied. Defendant planted six small arborvitae shrubs which had a stem diameter of less than one inch. These shrubs have been removed and in no way constituted anything more than a de minimis encroachment upon the bed of the unopened street. Strict proof of the averment is hereby demanded.. 31. Denied. Defendant avers that there has existed between the parties a conflict arising from the perceived rights and privileges of the parties to the bed of Wayne Avenue, however the Defendant sought only quiet enjoyment of her lands and unfettered use of Wayne Avenue. Strict proof of the averment is hereby demanded. 32. Denied. De ant actionable tha a of th F demanded. EFOR , Defe Res tf mitted, that her uses of Wayne Avenue are no more s and strict proof of the averment is hereby nt prays that this count be dismissed with prejudice. Roq§WG.Radebach Attorney for Defendants We verify that the statements made in this Answer are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: October 4, 2005 DENISE MARTIN _?- ? j= ro V? fz -/,P- DAVID J. MARTIN n r' -„ ST _. ? ;:r ' ? S ... • .L? N Curtis R. Long Prothonotary office of the Protbonotarp Cumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor -C S _ 'fl'y I S 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 R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square - Carlisle, Pennsylvania 17013 - (717) 240-6195 - Fax (717) 240-6573