HomeMy WebLinkAbout06-5863LISA D. WEARY, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
RICKEY L. GROUP, KATHRYN A.:
GROUP, JOHN GARMAN,
ANGELA GARMAN, RICHARD
FEESER, NANCY FEESER, AND
AHLSTROM TECHNICAL
SPECIALTIES
Defendants
No. ( - ? Civil 2006
ACTION TO QUIET TITLE
N O T I C E
You have been sued in Court. If you wish to defend against the claim 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. 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
Cumberland County Bar Association
32 South Bedford St.
Carlisle, Pennsylvania 17013
717-249-3166
or 1-800-990-9108 in PA only
LISA D. WEARY, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. CIVIL ACTION - LAW
RICKEY L. GROUP, KATHRYN A.:
GROUP, JOHN GARMAN,
ANGELA GARMAN, RICHARD
FEESER, NANCY FEESER, AND No. 06 • Y-PZ 3 Civil 2006
AHLSTROM TECHNICAL
SPECIALTIES
Defendants : ACTION TO QUIET TITLE
COMPLAINT TO QUIET TITLE
AND NOW, this day of October, 2006, comes Lisa D. Weary, by her attorney,
Anthony L. DeLuca, Esquire, and complains of Defendants above named and also all other
persons unknown, claiming any right, title, estate, lien, or interest in the real property
described in the complaint adverse to Plaintiffs ownership, or any claim upon Plaintiffs title
thereto, and for claims of action alleges:
1.
Plaintiff is Lisa D. Weary, an adult individual, residing at 399 North Walnut Street,
Mt. Holly Springs, Cumberland County, Pennsylvania, which property is owned by the
Plaintiff.
2.
The Defendants, Rickey L. Group and Kathryn A. Group, are adult individuals
residing at 407 North Walnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania,
which property is owned by the Defendants.
3.
The Defendants, John Garman and Angela Garman, are adult individuals residing at
401 North Walnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania, which
property is owned by the Defendants.
4.
The Defendants, Richard Feeser and Nancy Feeser, are adult individuals residing at 323
North Walnut Street, Mt. Holly Springs, Cumberland County, Pennsylvania, which property
is owned by the Defendants.
5.
The Defendant, Ahlstrom Technical Specialties, is a Limited Liability Corporation
organized and existing under the laws of the State of Delaware having its principal place of
business in Pennsylvania at 122 West Butler Street, Mt. Holly Springs, Cumberland County,
Pennsylvania and owns property abutting land that is the subject of this action.
6.
The lands which are the subject of this action consist of two (2) tracts of land.
7.
One tract of land is situated at the rear of Plaintiff's property off of McLwee Street,
which property within Plaintiff's boundary lines, is approximately 81 feet long and 62 feet
wide at its widest point. The remainder of the land is to the rear of the Defendants', Feeser,
property and is not subject to this action. A drawing of the subject land is attached hereto,
marked as Plaintiff's Exhibit "A" and incorporated herein by reference.
8.
The second tract of land, McLwee Street, approximately twelve (12) feet wide, is not
dedicated and is a stone lane that runs west off of North Walnut Street, in Mount Holly
Springs along Plaintiff's property approximately 180 feet and is used by the Plaintiff and the
defendants, John Garman, Angela Garman, Rickey L. Group and Kathryn A. Group.
9.
Records of the Tax Map Office, in and for Cumberland County, Pennsylvania do not
contain any indicia of the ownership of the two (2) tracts of land.
10.
The Plaintiff is in actual possession of the first tract of land referred to hereinabove
and approximately 180 feet in depth and 6 feet in width of the second tract of land situated
on McLwee Street which are the subject of this action and which lands are more
particularly set forth in the Cumberland County Tax Map attached hereto, marked as
Plaintiff's Exhibit "B", and incorporated herein by reference.
11.
The Plaintiff has been, by herself and her predecessors in interest, in actual, open,
exclusive, and adverse possession of the two (2) tracts of land as described hereinabove
continuously for at least twenty-one years prior to the filing of this Complaint, claiming to
own the same in fee against the whole world.
WHEREFORE, Plaintiff prays that Defendants, and also all other persons unknown,
claiming any right, title, estate, lien, or interest in the real property described in the
Complaint adverse to Plaintiffs ownership, or any cloud upon Plaintiffs title thereto, may be
required to set forth the nature of their several claims, that all adverse claims of Defendants
or any of them may be determined by a decree of this Court; that by said decree it be
declared and adjudged that Plaintiff is the owner of said premises and that Defendants, their
heirs, successors and assigns have no estate or interest whatever in or to said land and
premises; that Defendants, their heirs, successors and assigns, be forever barred from
asserting any claim whatever in or to said land and premises adverse to Plaintiffs, and for
such other and further relief as to equity shall seem meet.
Anthony L. DeL a squire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
(717) 258-6844
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VERIFICATION
I hereby verify that the facts and information set forth in the foregoing Complaint to
Quiet Title are true and correct to the best of my knowledge, information, and belief. I
understand that any false statements contained herein are subject to the penalties of 18 Pa.
C.S. Section 4904, relating to unworn falsification to authorities.
Dated:
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-05863 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEARY LISA D
VS
GROUP RICKEY L ET AL
VALERIE WEARY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT -QUIET TITLE was served upon
GROUP RICKEY L the
DEFENDANT , at 2035:00 HOURS, on the 16th day of October , 2006
at 407 NORTH WALNUT STREET
MT HOLLY SPRINGS, PA 17065 by handing to
RICKEY L GROUP
a true and attested copy of COMPLAINT -QUIET TITLE together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing
Service 18.00
6.16 / aE
Postage .87 < ?
Surcharge 10.00 R. Thomas Kline
.00
35.03? 10/19/2006
/ i J p 9 l o (, ANTHONY DELUCA
Sworn and Subscibed to By: /,/, - >.S,,?
before me this day Deputy Sheriff
of A.D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-05863 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEARY LISA D
VS
GROUP RICKEY L ET AL
VALERIE WEARY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT -QUIET TITLE was served upon
GROUP KATHRYN A the
DEFENDANT , at 2035:00 HOURS, on the 16th day of October , 2006
at 407 NORTH WALNUT STREET
MT HOLLY SPRINGS, PA 17065 by handing to
VALERIE WEARY
a true and attested copy of COMPLAINT -QUIET TITLE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
16.00,/ 10/19/2006
4- 1110C410( ANTHONY DELUCA
Sworn and Subscibed to By: ///,?
before me this day eputy Sh riff
of A.D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-05863 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEARY LISA D
VS
GROUP RICKEY L ET AL
VALERIE WEARY
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT -QUIET TITLE was served upon
FEESER RICHARD
the
DEFENDANT , at 2025:00 HOURS, on the 16th day of October , 2006
at 323 NORTH WALNUT STREET
MT HOLLY SPRINGS, PA 17065
NANCY FEESER
by handing to
ADULT IN CHARGE
a true and attested copy of COMPLAINT -QUIET TITLE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00
Service 6.16
Affidavit . 00
Surcharge 10.00 R. Thomas Kline
.00
22.16,/ 10/19/2006
ll/bq/04 ANTHONY DELUCA
Sworn and Subscibed to By: /
before me this day Deputy Sheriff
of A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-05863 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEARY LISA D
VS
GROUP RICKEY L ET AL
VALERIE WEARY , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT -QUIET TITLE was served upon
FEESER NANCY the
DEFENDANT , at 2025:00 HOURS, on the 16th day of October , 2006
at 323 NORTH WALNUT STREET
MT HOLLY SPRINGS, PA 17065
by handing to
a true and attested copy of COMPLAINT -QUIET TITLE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
So Answers:
Surcharge 10.00 R. Thomas Kline
.00
16.00, 10/19/2006
l t ` ANTHONY DELUCA
Sworn and Subscibed to By: _
before me this day eputy S riff
of A.D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-05863 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEARY LISA D
VS
GROUP RICKEY L ET AL
MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT -QUIET TITLE was served upon
GARMAN JOHN
the
DEFENDANT , at 2039:00 HOURS, on the 16th day of October , 2006
at 401 NORTH WALNUT STREET
MT HOLLY SPRINGS, PA 17065
ANGELA GARMAN, WIFE
by handing to
a true and attested copy of COMPLAINT -QUIET TITLE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
Sworn and Subscibed to
before me this
So Answers:
6.00
6.16
.00 {
10.00 R. Thomas Kline
.00
22.16,/ 10/19/2006
I ?' b q'o4 ANTHONY DELUCA ? -?
By.
day Deputy Sheriff
of A. D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-05863 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEARY LISA D
VS
GROUP RICKEY L ET AL
MICHAEL BARRICK
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT -QUIET TITLE was served upon
GARMAN ANGELA the
DEFENDANT
at 2039:00 HOURS, on the 16th day of October , 2006
at 401 NORTH WALNUT STREET
MT HOLLY SPRINGS, PA 17065
ANGELA GARMAN
by handing to
a true and attested copy of COMPLAINT -QUIET TITLE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00 LL''
Service .00 Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
16.00 ? 10/19/2006
i (o a `o L. ANTHONY DELUCA
Sworn and Subscibed to By:
before me this day Deputy Sheriff
of A.D.
SHERIFF'S RETURN - REGULAR
CASE NO: 2006-05863 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WEARY LISA D
VS
GROUP RICKEY L ET AL
WILLIAM CLINE
Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT -QUIET TITLE was served upon
AHLSTROM TECHNICAL SPECIALITIES the
DEFENDANT
, at 1048:00 HOURS, on the 18th day of October , 2006
at 122 WEST BUTLER STREET
MT HOLLY SPRINGS, PA 17065
MARIE BERNARD, CFO
by handing to
ADULT IN CHARGE
a true and attested copy of COMPLAINT -QUIET TITLE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 6.00
Service 6.16
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
22.16„/ 10/19/2006
0q (64 ANTHONY DELUCA
Sworn and Subscibed to By:
before me this day D y Sheriff
of , A.D.
LISA D. WEARY.
Plaintiff
vs. Case No. 06-5863
RICKEY L. GROUP, KATHRYN A. GROUP,
JOHN GARMAN, ANGELA GARMAN,
RICHARD FEESER, NANCY FEESER, AND
AHLSTROM TECHNICAL SPECIALTIES.
Defendants
Statement of Intention to Proceed
To the Court:
Lisa D. Weary intends to proceed with the above captioned
matter.
Print Name Anthony L. DeLuca Sign Name
Date: t,,$T Attorney for Lisa D. Weary
OF 'WE A
all OCT 26 AM so. 51
LISA D. WEARY, ,,, ~~1Lrt C~~GFl=(C~:
Plaintiff ~'' ? ~!= ~'R07HQN~7~~,a~s~'.~
-- - ~~~ P" ~= ~~ 06-5863
vs ~t1MBERL~yfl CQU~ i ~~ Case No. _-- ___ --
RICKEY L. GROUP, KATHRYN A. GROUP, JOHN p V f'
GARMAN,RiCHARDFEFSER,NANCYFEESERANb~~~S t ~YQ~{~~
AHLSTROM TECHNICAL SPECIALTIES
Statement of Intention to Proceed
Tc~ th~+e Court:
L. ~ SA ~' WEARY intends to proceed with the above captioned matter.
c ~ ~,
nt ony L. DeLuca ,~ ~. ~~ .-~~
Print Name _ _ _ _ Sign Name - vt~ ~.~ r~ P~~t~ ~~~ ~~
note: _ ~~ i ~~~_ Attorney for L I S A D. WEAR Y
Explanatory Comment
"The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amf;nded Rule of Judicial Administration 190E Two aspects of the recommendation merit
comment.
1. Rule o~~civil Procedure
~Iew Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive case; within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 310,710 A.2d
1 I(>4 (]998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration ]901(b) has been amended to accommodate the new rule of civil procedure. ;['he
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II tractive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. 'The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of Termination on the docket, subdivision (d)(2) provides that the court must grant the ;petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaingff
must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d j(2).
[3. {where the action has not been terminated
An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
LISA D. WEARY,
Plaintiff
VS.
•
•
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION — LAW
RICKEY L. GROUP, KATHRYN A..:
GROUP, JOHN GARMAN,
ANGELA GARMAN, RICHARD :
FEESER, NANCY FEESER, AND :
AHLSTROM TECHNICAL
SPECIALTIES
Defendants :
Dear Mr. Buell,
No. 06 -5863 Civil
ACTION TO QUIET TITLE
PRAECIPE TO DISCONTINUE
Please mark this action discontinued,
TO: David D. Buell, Prothonotary
DATE: March 13, 2014
Anthony L. P etuca, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, PA 17007
(717) 258 -6844
ID #18067