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Home My WebLink About94-02221 ~. " ~-; '(l) ~ 3 I ~ \ ! i I ,/ , , ~I r J ROBERT B. WEBER and MARGARET CHERYL L. CAREY, A.K.A. MARGARET CHERYL L. CAREY WEBER, Plaintiffs IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CL~ No. 'l'f- ~]~J 1994 ~ v. CIVIL ACTION - LAW GWENETH MONGELLI, JOHN MONGELLI AND DEREK MONGELLI, Defendants IN EJECTMENT HQrl.Q~ 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 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 HA'~ A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 ROBERT B. WEBER and MARGARET CHERYL L. CAREY, A.K.A. MARGARET CHERYL L. CAREY WEBER, IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . . NO. 1994 Plaintiffs v. : CIVIL ACTION - LAW . . GWENETH MONGELLI, JOHN MONGELLI AND DEREK MONGELLI, Defendants . . : IN EJECTMENT NOT I C I A La han demandado a usted en la corte. si usted quiere defenderse de estas demandas expuestas en las paginas sequientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demand a y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demand as en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DlRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. COURT ADMINISTRATOR 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 ROBERT B. WEBER and MARGARET CHERYL L. CAREY, A.K.A. MARGARET CHERYL L. CAREY WEBER, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . NO. 1994 Plaintiffs . . v. CIVIL ACTION - LAW GWENETH MONGELLI, JOHN MONGELLI AND DEREK MONGELLI, Defendants IN EJECTMENT . . COMPLAINT 1. plaintiffs Robert B. Weber and Margaret cheryl L. carey, a.k.a. Margaret Cheryl L. Carey Weber are adult individuals, currently residing at 68 sinclair Road, Mechanicsburg, cumberland County, Pennsylvania. 2. Defendants Gweneth Mongelli, John Mongelli and Derek Mongelli are adult individuals, currently residing at 615 williams Grove Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. For the time period of June 5, 1954 to March 31, 1994, the property was owned by Robert B. Weber and Evelyn N. Weber (Recorder of Deeds of Cumberland County, Book 15-U-294). Evelyn N. Weber died on September 13, 1992. Robert B. Weber and Evelyn N. Weber were involved in divorce litigation at that time. R. Bernard Weber was substituted as the Defendant in the case, Docket No. 4330 civil, 1991 after Evelyn N. Weber's death in September 1992. 3. The Plaintiffs acquired the property known as 615 Williams Grove Road, Mechanicsburg, Cumberland county, pennsylvania by Stipulation and Agreement of the parties dated March 31, 1994. The deed transferring the property to them was dated April 1, 1994 and recorded on April 25, 1994. 4. The Defendants have lived in the premises at 615 Williams Grove Road, Mechanicsburg r Cumberland County, Pennsylvania for approximately 23 years with the consent of Plaintiff and his late wife, Evelyn N. Weber. During that time period there has been no written lease agreement and the Defendants have paid no rent. 5. By letter of April 4, 1994 addressed to Gweneth Mongelli, the Plaintiffs informed her to vacate the premises. (See Exhibit Al 6. Defendants have been aware since early March 1994 when an agreement was reached before the Master in the divorce action that Plaintiff was receiving title to said residence and expected full possession. 7. Plaintiffs were informed through Defendants I attorney that Gweneth Mongelli would not vacate the premises. By letter of April 4th, Plaintiffs attorney notified Defendants' attorney that the parties should vacate the premises by May 1, 1994. (See Exhibit B) 8. The Defendants have not vacated the premises. 9. Plaintiffs Abstract of Title is attached hereto as Exhibit c. WHEREFORE, Plaintiffs demand judgment against the Defendants in ejectment for recovery of premises described in Exhibit D attached hereto and made a part hereof, rental income in the amount of $800.00 per month beginning May 1r 1994 and any other damages caused by Defendants plus attorneys fees and costs of suit. Respectf~"~l~ sr:mi tt~d, ': Q, . IV !, \",\.~ tv ".\,J , Lori K. Serratelli, Esq. SERRAT LLI, SCHIFFMAN AND BROWN 2040 Linglestown Rd., Suite 106 Harrisburg, PA 17110-9483 (717) 540-9170 Attorney for Plaintiffs VERIFICATION We verify that the statement made in the foregoing Complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904, relating to Dated: unsworn falsification 4"h \-j 9 y , ./ ;- ~ / ( /\," f~' ttU ~(:::.:> Dated: <//::; r /,7 '/ I y",- ( , r LIllU K. S~JU{.\IHLI April 4, 1994 Sln~" J. SCHI~~\H~ :.oIICH\H. F. UIl.t)\\'" Gweneth Mongelli 615 Williams Grove Mechanicsburg, PA Road 17055 RON.\llll. C\lJ~IIII~ C ~!\, L. BUt t... Dear Ms. Mongelli: As you know, the property in which you are residing was transferred to your father pursuant to the divorce settlement between your mother's Estate and your father. Pursuant to that transfer, we are hereby asking that you vacate the premises within two (2) weeks of the date of this notice. G~aY l.. R\\IH~, HIll' GAa IH .-\. S I U'HI.:--', 1.... OrCt'{',I,H. .,\111....111 lI"I,I".l" Thank you very much for your cooperation and attention. Sincerely, SERRATELLI, SCHIFFMAN ANp BROWN, P.C. ',-_ " /' I '~.' ,', -,-, ( ( 0'. '_~ '.,. t _ Lori K. Serratelli LKS:ted cc: Dr. Robert Weber Richard C. Rupp, Esquire SL;n 100 ~OiO ll:-;t;U..'lro\l:.'N ROAD H.\RRhBl.:Rt;. PA n 1O,.).Mj 1;"1~1 ;..0.1)("0 F\.\ ,-:-; ,..t).~..HI Exhibit B LAW OFFICES IRWIN IRWIN & McKNIGHT ROGER B. IRWW 1WlOUlS./RImIll, MARCUS A ItAd<NlGHT. II JAMES 0. HUGHES ' REBECCA R. HUGHES WESTPOMFRETPROFES~ONA~BWLDWG 60 WEST POMFRET STREET CARUSLE, PENNSY~VANIA 1701~3222 (717) 249-2353 FAX (717) 249-63S4 HAROLD S. IRWW (tD2J.'Om HAROW s.1R'nW. JR. 'f$Sf.fNO) fM'W.IRWIN'1RWIN (,OMoIN4J April 14, 1994 LORI K SERRATEUI ESQ SERRATEUI SCHIFFMAN & BROWN PC 2040 LINGLESTOWN RD STE 106 HARRISBURG PA 17110-9483 RE: WEBBER VS. MONGEllI Dear Lori: I have now had the opportunity to discuss the matters addressed in your letter of April 4, 1994 and our subsequent phone call, Although it is correct that Mrs, Mongelli was aware that the property was being deeded over to Mr. Webber in the settlement, it nevertheless comes as a shock to her that her father is attempting to evict her, You must understand that she has lived in this home for over 23 years, she has a family there and a business, She has been living there under an arrangement with her father all of these years, taking care of his animals and making all the repairs and improvements to the property at her expense over the years, It is simply not possible for her to vacate the property at this time, She proposes to waive all claims for reimbursement for repairs, maintenance and improvements in return for Me, Webber's agreement to permit her to remain in the property for at least one more year. She is financially unable to pick up and move her family and her business on what has basically been a moment's notice, Please discuss this with your client and advise, Sincerely, IRWlN'/fWIN & McKNIGHT t(L Harold S. Imin, III hsi,i;; GWENETH MONGELLI lORJ K. SERRAiEUl STfVE:-l J. :5'HIFF~tAN ~(U.:H..u:.i. F. BRl>\VN RONAI.D L. C\LH()()N GA"\' L. BI.\~~ G^/tY l. RUTHS~HILO GARTH .-\. S rErH ~:-:S{)f'i OF CuL':'<'EL lMD~ ~,: 3~iU0~l1'I $l.m :06 1040 L:NC:..E.:a-;,"\)WN ROAD HAAAlSBL:i\C.i'.o\ 1';'110.'l411; ( .. t :" I 5 ~ 0." I .. 0 F..'\ .:"!-' ;...}.;..ltl -' ~ I , ,..... I April 18, 1994 Harold S. Irwin, III, Esq. IRWIN, IRWIN & MCKNIGHT West Promfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 Re: Weber/Monoelli Dear Mr. Ir..in: I am in receipt of your letter of April 14, 1994. Dr. Weber is not willing to allow Ms. Mongelli to remain in the property. As we discussed, the property is now solely his pursuant to the agreement and stipulation of the parties dated March 31, 1994. If Ms. Mongelli has not vacated the premises by May 1, 1994, Dr. Weber will file either an ejectment action and/or a contempt action on that day in which, among other things, he will be seeking damages in the amount of $800.00 representing the amount of rental income he is losing. Ms. Mongelli has had much more than a moment's notice to vacate. Thank you for your attention. Sincerely, SERRATELLI, SCHIFFMAN AND Ijl-~OWN, P.C. . ' (,'/ ( . { .............. /..1 \ '. . _I... . 1..,- Uoi,J.-"L.l.-l--L -- Lori -i{. Serratelli LKS:dae Enclosure cc: Dr. Weber Richard C. Rupp, Esq. Exhibit r. :.::..,,',:.;ro":",-t PLAINTIFF'S ABSTRACT OF TITLE 1. Property acquired by Plaintiffs pursuant to a stipulation and Agreement of the parties dated March 31, 1994 and approved by the Court of Common Pleas of Cumberland County on April 5, 1994. 2. Deed from the Estate of Evelyn N. Weber and Robert B. Weber dated April 1r 1994 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 104, Page 501, to Robert B. Weber. Deed from Robert B. Weber dated April 1, 1994 and recorded in the Office of the Recorder of Deeds in and for Dauphin County, Pennsylvania, in Record Book 104, Page 512, to Robert B. Weber and Margaret Cheryl L. Carey a.k.a. Margaret Cheryl L. Carey Weber. EXHIBIT "c" Exhibit 0 (TAX PARCEL No. 42 250032122) EXHIBIT "D" ALL THAT CERTAIN house and lot of ground situate in the Township of Upper Allen, County of Cumberland and state of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point marked by a set monument in the Easterly right-of-way line of state highway known as Williams Grove Road, said point also being the northwesterly corner of lands now or formerly of Robert W. Miller; thence along the easterly right-of- way line of state highway known as Williams Grove Road in a northerly direction by the arc of a curve curving to the right, said circle having a radius of 2834.93 feet, the arc distance of 241.80 feet to a point marked by a hub, being the division line between Lots No. 1 and 2 on the hereinafter mentioned Plan of Lots; thence along the division line between Lot No. 1 and Lot No.2 South 75 degrees 00 minutes East, a distance of 177.42 feet to a point marked by a hub; thence continuing along said division line between Lots No. 1 and Lot No. 2 North 34 degrees 26 minutes East, a distance of 80.00 feet to a point marked by a monument on the southwesterly right-of-way of Old Grove Road; thence along the southwesterly right-of-way of Old Grove Road South 59 degrees 31 minutes 10 seconds East, a distance of 125.06 feet to a point marked by a post on the northeasterly corner of lands now or formerly of Robert W. Miller; thence along lands now or formerly of Robert W. Miller, South 34 degrees 26 minutes West, a distance of 287.23 feet to a point being the point and PLACE OF BEGINNING. BEING Lot No. 1 on the Final Subdivision Plan for Robert Weber, said plan being recorded in the Office of the Recorder of Deeds of Cumberland County in Plan Book 27, Page 147. SUBJECT, nevertheless to an easement for the septic tank field system and right of way as set forth on said plan. -:r ere - ~1 ~ i-l ~ ? V'I~ ~ ~l.{) ~ ~ 00 '>;2. l'('):::i- ~~ ~~ ~ 1=. .-,r en <'oJ> ,...~ 0&_ ~. -":~l,. ~~,"-r ~ ~:; :.:. .'r - ~ lJ) :::t-- ~ n: "'- oe:% .;,...... ~~,~: '-' -'U c.. "Ill:. ol: Ul ~~ ..:1>< e-o Po.Ul Z~ Z ~ '" '" 0 O~ ~ -a:. ~Po. e-o <- U 2 - ~ 7- is '" 0 . ":l l!l · , u>< . 0 e-o Ul . ~ - ~ c:'" r..z ..... .-l+l Z ~ \J .'^ 0::> ...... III a \J III H '^ 7- ~ - 0 "M .:J ~ = <- e-ou .-l+l +l'tl e-o 0 I~ ~ III a Q) a " ::>0 'M Q) Z N OZ +llll . ...... H ~~ Q).-l ::- H Q) ~ Po. ..:10 . ..:1 Po. :I:~ p: ~ ~ e-o~ ~ t!l 0 c:Q Z u z::> ~ ~ HU 't I... UII"" SERRATElLl, SCIUFFMAN & BROWN, r,c. \1'111 rtw. lo.to I ''''t.1I \H'......, I\cl~l) IIU.IU'"II<",I'A !i"IW.'J4H\ SHERIFF'S RETURN CCM10NWEALTH OF PENNSYLVANIA: COlJNI'Y OF CLMBERLAND In The Court of Common Pleas of Cumberland County, Pennsylvania No. 94-2221 Civil Term Complaint in Ejectment and Notice Robert B. Weber and Margaret Cheryl L. Carey a/k/a Margaret Cheryl L. Carey Weber VS Gweneth Mongelli, John Mongelli and Derek Mongelli Michael Barrick , SllelCX~dl()OlC Depu ty Sherif f of Cumberland County, Pennsylvania, who being duly sworn according to law, says, that he served the within Complaint in E;ectment and Notice upon Gweneth Monae1lL John and Derek Mongelli P .M.~:i/ / EDST, on the Monqe:L11!;le defendant, at 2: 41 o'clock day of May , 1994 at 02 615 Williams Grove Road. Mechanicsburq , Cumberland County, Pennsylvania, by handing to Gweneth Monqelli, defendant and adult in charge a true and attested copy of the Complaint in E;ectment and Notice and at the same time directing her attention to the contents thereof and the "Notice to Plead" endorsed thereon. Sheriff's Costs: Docketing Service Affidavit Surcharge 22.00 5.60 So answers: -.r'-'/ ~ r--- ~;;::;.1'''.:td''''--!' 7- ~~ R. Thomas Kline, Sheriff 6.00 33.60 Pd. by Atty. 5-03-94 /7p by..--, /./ v2?Z~ C~./- ~ Deputy Sheriff Sworn and subscribed to before Ire this .2"<:'_ day of ')/t,,? 19 vii A.D. .-JL~/''-- (,. nl..ic4'-"-. A,J/-"". Prothonotary ...... -" ".. ROBERT B. WEBER and MARGARET : IN THE COURT OF COMMON PLEAS OF CHERYL L. CAREY, aka MARGARET: CUMBERLAND COUNTY, PENNSYLVANIA CHERYL L. CAREY WEBER, Plaintiffs : CIVIL ACTION - LAW v. GWENETH MONGELLI, JOHN : NO. ;J.)..) I CIVIL 1994 MONGELLI and DEREK MONGELLI Defendants : IN EJECTMENT PREUMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFFS' COMPI..AINT NOW come the defendants, by their attorneys, Irwin, Irwin & McKnight, Esquires, and preliminarily object to plaintiffs' complaint, representing as follows: MOTION TO STRIKE \, Defendants make this motion to strike plaintiffs complaint for lack of confonnity to law or rule of court pursuant to Rule No. 10\7 and Rule No, \028 (a)(2) of the PeMsylvania Rules of Civil Procedure, 2, Plaintiffs demand a judgment against the defendants for attorney fees, However, no aIlegations of any contractual provisions between the parties are stated which would give rise to a claim for attorney fees from defendants, should plaintiffs' general claim be successful and no statutory authority has been alleged for the imposition of attorney fees in this matter. 3. Plaintiffs demand a judgment against the defendants for "rental income of $800,00 per month beginning May \, \994, However, no allegations of any contractual provisions between the parties are stated which would give rise to a claim for "rental income" from defendants, should plaintiffs' general claim be successful. In fact, plaintiffs specifically aver that the defendants have been residing in the premises for 23 years with consent, without a written lease agreement and without paying any rent, Furthermore, no statutory authority has been alleged for the imposition of "rental income" in this matter, In fact, plaintiffs specifically aver that the defendants have been residing in the premises for 23 years with consent, without a written lease agreement and without paying any rent. 4, Plaintiffs demand a judgment against the defendants for possession of the premises, However, plaintiffs, while admitting that the premise has been subject to an oral lease between the parties, have alleged no facts concerning the giving of any notice to quit such as is recognizable under the laws of this Commonwealth, In fact, the "notice" attached to plaintiff's complaint as Exhibit "B" provided defendants with only two weeks notice to vacate the premises, which notice to quit is clearly not in compliance with the laws of this Commonwealth either i:t its content, nor in its method or time of service, nor in the time period for compliance provir.ed therein, WHEREFORE, defendants demand that the plaintiffs' complaint be stricken for lack of conformity to law or rule of court and that judgment be entered in favor of defendants and against plaintiff, with prejudice, DEMURRER 1, Defendants make this demurrer to plaintiffs complaint for failure to state a casue of action pursuant to Rule No, 1017 and Rule No, 1028 (a)(4) of the Pennsylvania Rules of Civil Procedure, 2, Plaintiffs demand a judgment against the defendants for attorney fees, However, no allegations of any contractual provisions between the parties are stated which would give rise to a claim for attorney fees from defendants, should plaintiffs' general claim be successful and no statutory authority has been alleged for the imposition of attorney fees in this matter, 3, Plaintiffs demand a judgment against the defendants for "rental income of $800,00 per month beginning May I, 1994, However, no allegations of any contractual provisions between the parties are stated which would give rise to a claim for "rental income" from defendants, should plaintiffs' general claim be successful. In fact, plaintiffs specifically aver that the defendants have been residing in the premises for 23 years with consent, without a written lease agreement and without paying any rent. Furthennore, no statutory authority has been alleged for the imposition of "rental income" in this matter, In fact, plaintiffs specifically aver that the defendants have been residing in the premises for 23 years with consent, without a written lease agreement and without paying any rent. 4, Plaintiffs demand a judgment against the defendants for possession of the premises, However, plaintiffs, while admitting that the premise has been subject to an oral lease between the parties, have alleged no facts concerning the giving of any notice to quit such as is recognizable under the laws of this Commonwealth, In fact, the "notice" attached to plain tift's complaint as Exhibit "B" provided defendants with only two weeks notice to vacate the premises, which notice to quit is clearly not in compliance with the laws of this Commonwealth either in its content, nor in its method or time of selVice, nor in the time period for compliance provided therein. WHEREFORE, defendants demand that the complaint be dismissed and that judgment be entered against the plaintiffs and in favor of defendant, with prejudice, , . . . MOTION FOR MORE SPECIFIC PLEADING 1. Defendants make this motion for a more specific pleading pursuant to Rule No, 1017 and Rule No. 1028 (a)(3) of the Pennsylvania Rules of Civil Procedure, 2, Plaintiffs demands judgment against the defendants for "any other damages caused by Defendants" without stating what damages, if any, have ever been caused by the defendants, what the cost of repairs to the premises for such damages may be or any other pertinent infonnation sufficient to adequately infonn defendants of the nature of plaintiffs' claim so that defendants can properly prepare their defense, WHEREFORE, defendants demand that the complaint be dismissed and that judgment be entered against the plaintiffs and in favor of defendant, with prejudice, ... May (p ,1994 IRWIN, IRWIN & McKNIGHT i~ ~ by: HAROLD S, IRWIN, III Attorney for defendants West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court ID No, 29920 ~< 0.... "'~ i:'i::i ..l>< ll.ttf.l::J:~ zi:jj~ ot.JJ .....E-t ~ p., I Z o ..z ~ ~ u><o:>~ E-!I-lI-lU ~ZEo<U'" o=>u "'l 0< '" Eo<U g;~;:l ~ o :>. U ....0 UZ '" ~'" Z~ ....U -=r en :'.:?i U"I ," '::" ":;-:: .. :=! c:> ;..J ,... ;]. en ~~ ~ ~~ 'a ~~ .... ~ i! .~ i! c>:p., ",]:;l ~ns~ . ~~~ ~UU . . . "'..l..l ~~~ "''''''' 0== c>:UU , . . > en ... . l: .... ns ..l'" ..l l: '" .. ~..... ZZ" =Oc:l 0:0: ~~ ..l'" ..lc:l '" ~'" Z l: ons :0: .... =..l Eo<..l "'''' ~1i ~~ ~ III o ~ t-f" ~ Z S I- ;, ~ " ::: CJ ~ a: g ~~~~~ u 0 I- Z ~ GlJ : ~ ~ aZ~~~ ~~i~~ ~ ~ ~ ~ lL to-( f ~ Ii ... 0 ~ Z :1 fD ::; .... ~ ~ ~ ... '" Eo< es Z ....0.... t;Eo<j "''''~ "'lEo<O ~~U c:l >< Z- c>:"'''' <~~ Z"'~ ....c:l.... :0: Eo< ....~Z ..l0.... ~ j p., p., . . . . I.m.. 011;('(." IUWIN, IRWIN & )!cKNIGUT . i~.t:; "_:;'rt.-..''1 ROBERT B. WEBER and MARGARET CHERYL L. CAREY, A.K.A. MARGARET CHERYL L. CAREY WEBERr : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2221 Civil Term Plaintiffs v. CIVIL ACTION - LAW GWENETH MONGELLlr JOHN MONGELLI AND DEREK MONGELLI, Defendants . . : IN EJECTMENT . . FIRST AMENDED COMPLAINT 1. Plaintiffs Robert B. Weber and Margaret Cheryl L. Carey, a.k.a. Margaret Cheryl L. Carey Weber are adult individuals, currently residing at 68 Sinclair Road, Mechanicsburg, Cumberland county, Pennsylvania. 2. Defendants Gweneth Mongelli, John Mongelli and Derek Mongelli are adult individuals, currently residing at 615 Williams Grove Road, Mechanicsburg, Cumberland county, Pennsylvania. 3. For the time period of June 5, 1954 to March 31, 1994, the \ property was owned by Robert B. Weber and Evelyn N. Weber (Recorder of Deeds of Cumberland County, Book 15-U-294). Evelyn N. Weber died on September 13, 1992. Robert B. Weber and Evelyn N. Weber were involved in divorce litigation at that time. R. Bernard Weber was substituted as the Defendant in the case, Docket No. 4330 Civil, 1991 after Evelyn N. Weber's death in September 1992. 3. The Plaintiffs acquired the property known as 615 Williams Grove Road, Mechanicsburg, Cumberland County, pennsyl vania by Stipulation and Agreement of the parties dated March 31, 1994. The deed transferring the property to them was dated April 1, 1994 and recorded on April 25, 1994. 4. The Defendants have lived in the premises at 615 Williams Grove Road, Mechanicsburg, Cumberland County , Pennsylvania for approximately 23 years with the consent of Plaintiff and his late wife, Evelyn N. Weber. 5. By letter of April 4, 1994 addressed to Gweneth Mongelli, the Plaintiffs informed her to vacate the premises. (See Exhibit A) 6. plaintiffs were informed through Defendants I attorney that Gweneth Mongelli would not vacate the premises. By letter of April 1Bthr Plaintiffs attorney notified Defendants' attorney that the parties should vacate the premises by May 1, 1994. (See Exhibit B) 7. Defendants have been aware since early March 1994 when an agreement was reached before the Master in the divorce action that Plaintiff was receiving title to said residence and expected full possession. B. The Defendants have not vacated the premises. 9. Defendants have no claim to title of said premises, no written or oral lease agreement and therefore, no right by law to possession of said premises. 10. Plaintiffs Abstract of Title is attached hereto as Exhibit c. WHEREFORE, Plaintiffs demand judgment against the Defendants in ejectment for recovery of premises described in Exhibit D attached hereto and made a part hereof. . K. Serratell , Esq. SE TELLI, SCHIFFMAN AND BROWN 2040 Linglestown Rd., suite 106 Harrisburg, PA 17110-9483 (717) 540-9170 Attorney for Plaintiffs ~ I' !' VERIFICATION We verify that the statement made in the foregoing First Amended Complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904, relating to unsworn Dated: 1\4 z...lR I G.:l...:/ Dated: \\It ~)'i \ \ ()<\ 1.\ ,~~~~ .~ ROBERT B. WEBER and MARGARET CHERYL L. CAREY, A.K.A. MARGARET CHERYL L. CAREY WEBER, : IN THE COURT OF COMMON pr~AS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2221 civil Term plaintiffs v. CIVIL ACTION - LAW GWENETH MONGELLI, JOHN MONGELLI AND DEREK MONGELLI, Defendants IN EJECTMENT CERTIFICATE OF SERVICE I, Lori K. serratellir do hereby certify that a copy of the foreoing was served upon the Defendants on May 4, 1994 by depositing it in the United states mail, postage prepaid, addressed as follows: Harold S. Irwin, III, Esq. IRWIN, IRWIN & MCKNIGHT West Pomfret Professional Bldg. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendants ~1.. . Serratelli, Esq. S TELLI, SCHIFFMAN AND BROWN 2040 Linglestown Rd., Suite 106 Harrisburg, PA 17110-9483 (717) 540-9170 Attorney for Plaintiffs Exhibit A ~ .".......-..... ,.., /....... , ldK: K Sf:-tK.HfUI .~pri1 4, 1994 Slr,\'F.:"O ,. S\:rUH\I.",'\ ~1!LH."t'.1. F. BiU l\"~1 Gweneth Mongelli 615 Williams Grove Mechanicsburg, FA " Rl'.,\.\ID L. C\U"ltl\; Road 17055 Dear Ms. Mongelli: Gi.IH'L. 31.~l.i\ G.,,'; L. :\"!~I'\ ~1I:) As you know, ~~e prope~~: in which you are residing was transferred to your rather pursuan~ ~o the divorce se~~lemen~ be~ween your mother's Estate and your father. ?ursuan~ to the~ ~~ansfer, we are hereby asking that you vacate the premises within two (2) weeks of ~he da~e of t~is notice. Gl\iC':-i A. S ri:l'!"!I-,.'."" VI: C'L"~r.!. ....ln~ ill :1,.;.,1,,,,, Thank you ve~y much for your cocperation and a~'tention. :::; .....c"'r=l P' w_.l - --:t I SER.~TELL!, SCHIPFMAN All!) BROWN, P.C. ~ .~ . .... '-':,'. . I " i / ---". (.. ~ Lori K. Ser~atelli L'\S : ted co: Dr. Robert Weber Richard C. Rupp, Esquire il.::i't :O(J :0..0 L,r,..!.JTOWS ~O.'l) ;';"'\AAlSiU...;U:,!'.\ :-;:O,'l4tl) ,~1- ;..0.')1-0 :: '.. ..:... '..11. ~"/); Exhibit B LAW OFFICES IRWIN IRWiN & NIcKNIGHT ROGER a. IRYt'IN ~s.IM1H... IrIARCUS A. Ul;KNX;Hr. :I JAIIES 0. HUGHES ~ REBECCA R. HlJGHES WEST POMFRET PROFESSIONAL BU/WING 80WESTPOMFRETSTRE-=T CARUSLE, PENNSYLVANIA 17013-3222 rn7} 2411-2353 FAX (717) 249-0354 ~ IRWWI.IRWIN (fOMo'DUl HAROLDs'/RWIN tto::J."T7) HAROLD s. iRWIN. JR. . (1~'8Ia, April 14, 1994 LORi K SERRATELLI ESQ SERRATELLl SCHIFFMAN & BROWN PC 2040 LINGLESTOWN RD STE 106 HARRISBURG PA 1 ill 0-9483 RE: WEBBER VS. 1\1/0NGELLl Dear Lori: I have now had the opportUnity to discuss the matters addressed in your letter of April 4, 1994 and our subsequent phone call. Although it is correct that MIS, Mongelli was aware that the property was being deeded over to Mr, Webber in the settlement, it nevenheless c,omes as a shock to her that her father is attempting to evict her, You must understand that she has lived in this home for over 23 years, she has a family there and a business, She has' been living there under an arrangement with her father all of these years, taking care of his animals and making all the repairs and improvements to the property at her e.'Cpense over the years. It is simply not possible for her to vacate the property at this time, She proposes to waive all claims for reimbursement for repairs, maintenance and improvements in rerum for rvrr, Webber's agreement to pennit her to remain in the property for at least one more year. She is financially unable to pick up and move her family and her business on what has basically been a moment's notice. Please discuss this with your client :md advise. hsi,iii Sincerely, IRw,IN, JRWIN & McKNIGHT ;" I l...~ ~'L- Harold S. Inyin, ill GWENETH MONGELLI ;_h~,~_".- LORI K. SERAAnul SrEVE.'l]. S';HIFF\iI\N ~h<":H.m:=. 9ROWN RoNALD L C\LH()()N G.;.R\'L 31.u,;;.; G,,"y L R()TH~~HILO GART:oof .i.. :irc.rH~";SOl'i OFCllL':'<SEL IMOJo:Ct.:3"AJiO~m Sl,.1'Tt : 06 :040 l..!.'1C:..EJTOW'N ROAD l-'.MR1SIURC. r'.\ I:": lo."4dj ( .. 1 ..: ; 11) . " I ..!) ~'.'\ -;"~:--~ :"O.~...il .- I , r April 18, 1994 Harold s. IrNin, III, Esq. IRWIN, IRWIN & MCKNIGHT West promrret Professional Building 60 West Pomfret street . . Carlisle, PA 17013-3222 Re: Weber/Monaelli Dear Mr. Ir.rin: I am in receipt of your letter of April 14, 1994. Dr. Weber is not willing to allow Ms. Mongelli to remain in the property. As we discussed, the property is now solely his pursuant to the agreement and stipulation of the pa~ies dated March 31, 1994. If Ms. Mongelli has not vacated the premises by May 1, 1994, Dr. Weber will file either an ejectment action and/or a contempt action on that day in which, among other ~~ings, he will be seeking damages in the amount of saoo.oo representing the amount of rental income he is losing. Ms. Mongelli has had much more than a moment's notice to vacate. Thank you for your attention. sincerely, SERRAT~LLI, SCHIFFMAN Am) BROWN, P.C. " JJ;' . / . I..,,-l uLL.'-L..L.:-L ' !.ori;K. Serratelli US:dae . Enclosure cc: Dr. Weber Richard C. RUP9, ~sq. I=vhi...ll,.. ,'-.... - "'" PLAINTIFF'S ABSTRACT OF TITLE 1. ,~roperty acquired r-y Plaintiffs pursuant to a StipUlation and Agreement of the parties dated March J~, 1994 and approved by the Court of Common Pleas of Cumberland County'on AprilS, 1994. 2. Deed from the Estate of Evelyn N. Weber and Rob~rt B. Weber dated April 1, 1994 and recorded in the Office of the Recorder of Deeds in and for CUmberland County, Pennsylvania in Record Book 104, Page 501, to Robert B. Weber. Deed from Robert B. Weber dated April 1, 1994 and recorded in the Office of the Recorder of Deeds in and for Dauphin County, Pennsylvania, in Record Book 104, Page 512, to Robert B. Weber and Margaret Cheryl L. Carey a.k.a. Margaret Cheryl L. Carey Weber. EXHIBIT "e" ~....L..IL..U F"\ " ALL ~~T CERTAIN house and lot of ground situate in the Township ot Upper Allen, County of Cumberland and State of pennsylv~nia, more particularly bounded and described as follows, to wit: BEGINNING at a point marked by a set monument in ~~e Easterly right-or-way line of s~ate highway known as Williams Grove Road, said point also being the northwesterly corner of lands now or to~erly or Robere W. Miller; thence along the easterly right-of- way line of state highway known as Williams Grove Roa~ in a nor-~erly direction by the arc of a curve curving to the right, said circle having a radius of 2834.93 feet, the arc distance of 241.80 feet to a point marked by a hub, being the division line betNeen Lots No. 1 and 2 on the hereinafter mentioned Plan of Lots; thence along the division line betNeen Lot No. 1 and Lot No.2 South 75 degrees 00 minutes Eas~, a distance of 177.42 feet to a point marked by a hub; thence continuing along said division line between Lots No. 1 and Lot No. 2 North 34 degrees 26 minutes East, a distance of ao.oo feet to a point marked by a monument on the southwesterly right-of-way of Old Grove Road; thence along the southwesterly righ~-of-way of Old Grove Road South 59 degrees 31 minutes ~o seconds East, a distance or 125.06 fee~ to a point marked by a pcst on the northeasterly corner of lands now or fo~erly of Robert W. Miller; thence alcng lands ncw or formerly of Robert W. Miller, South 34 degrees 26 minutes West, a distance of 287.23 fee~ to a point being the point and PLACE OF BEGINNING. BEING Lot No. 1 on the Final Subdivision Plan for Robert Weber, said plan being recorded in the Office of the Recor=er of Deeds of Cumberland Coun~y in Plan Book 27, page 147. SUBu~CT, nevertheless to an easement fcr the septic tank field system and right of way as set forth on said plan. (TAX PA.qCEL No. 42 250032122) :::{'~!3!'!' U!JII - d = , '.' '::r" C7") >..~ _ .r.~_ ~;r. ~ L4J. ..J~1 o C<..r.;- r .;.J' ~ ~.~ ~; '?~ N "',,, r .-" " m .!\~ , ~I L~~ , ~~I ~ "' ,. .. " o ~ " '" .; - ~ - '" :g 1i;:: , ~ ' ~~ ..i'~ o - " I!~ ~ $ ~ ... ; - ,'" ~~ I~~~ :..l ',",,, . Vl S ~ - . m " . " ~ - > ~q ~ ~ in n ~ ~ ~ , , . I.. nil"" SERRAl'ELU, SCIlIFFMAN & BROWN, r,c, \t:l1l!H(. !f)4n It"l.ll\I""N RIl"1I ll"k~\"lIU,.I'^ J.~llfl "1"' . ROBERT B. WEBER and MARGARET : IN THE COURT OF COMMON PLEAS OF CHERYL L. CAREY, aka MARGARET : CUMBERLAND COUNTY, PENNSYLVANIA CHERYL L. CAREY WEBER, Plaintiffs : CIVIL ACTION - LAW v. GWENETH MONGELLI, JOHN : NO. 94-2221 CIVIL TERM MONGELLI and DEREK MONGELLI Defendants : IN EJECTMENT PRELIMINARY OBJECTIONS OF DEFENDANTS TO PI.AINTIFFS' FIRST AMENDED COMPLAINT ! NOW come the defendants, by their attorneys, Irwin, Irwin & McKnight, Esquires, and preliminarily object to plaintiffs' first amended complaint, representing as follows: MOTION TO STRIKE 1. Defendants make this motion to strike plaintiffs' first amended complaint for lack of confonnity to law or rule of court pursuant to Rule No, 1017 and Rule No, 1028 (a)(2) of the Pennsylvania Rules of Civil Procedure, 2. Plaintiffs demand a judgment against the defendants for possession of the premises, However, plaintiffs, while implying that the premise has been subject to an oral lease between the parties, have alleged no facts concerning the giving of any notice to quit such as is recognizable under the laws of this Commonwealth, In fact, the "notice" attached to plaintiffs' first amended complaint as Exhibit "A" provided defendants with only two weeks notice to vacate the premises. which notice to quit is clearly not in compliance with the laws of this Commonwealth either in its content, nor in its method or time of service, nor in the time period for compliance provided therein, WHEREFORE, defendants demand that the plaintiffs' first amended complaint be stricken for lack of conformity to law or rule of court and that judgment be entered in favor of defendants and against plaintiff, with prejudice, DEMURRER 1, Defendants make this demurrer to plaintiffs' first amended complaint for failure to state a cause of action pursuant to Rule No, 1017 and Rule No, 1028 (a)(4) of the Pennsylvania Rules of Civil Procedure, 2, Plaintiffs demand a judgment against the defendants for possession of the premises, However, plaintiffs, while implying that the premise has been subject to an oral lease between the parties, have alleged no facts concerning the giving of any notice to quit such as is recognizable under the laws of this Commonwealth, In fact, the "notice" attached to plaintiffs' first amended complaint as Exhibit "A" provided defendants with only two weeks notice to vacate the premises, which notice to quit is clearly not in compliance with the laws of this Commonwealth either in its content, nor in its method or time of service, nor in the time period for compliance provided therein, WHEREFORE, defendants demand that the plaintiffs' first amended complaint be dismissed and that judgment be entered against the plaintiffs and in favor of defendant, with prejudice. IRWIN, IRWIN & McKNIGHT , by: HAROLD S, IR Attorney for defend June /1 . 1994 West PorrJret Professional Building 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court ID No, 29920 I certifY that on . 1994, I served a copy of the within preliminary CERTIFICATE OF SERVICE objections upon the plaintiffs' counsel of record by placing a copy thereof in first class mail, postage prepaid, in Carlisle, Pennsylvania, addressed as follows: Lori K. Serratelli, Esquire SERRA TELL! SCHIFFMAN & BROWN 2040 Linglestown Road, Suite 106 Harrisburg, P A 17110-9483 (Attorney for plaintiffs) IRWIN, IRWIN & McKNIGHT June 17 . 1994 ~/LUZA by: HAROLD S. IRWIN, II - ~~ ....-) t"! ') - -'-'" ~ ~5 . lrl ~t'l \:) N '"'~ N M N ~Ei . ~ ~~ ra~ Z z ~ , Il:l ;; '" !:! " . It 5 '" 0 ~~~ 0 . a: ~ i~ e ::;;: ~ ~ ., " ~ III .. . ~ Z ... ~ ell ;; '" "'" .... ~ . a: ~ c::I . .""" w ~ C5 Z . U~ ~ ra ~ ~... ~"'" Oi3lil . ~ > ~ ~S III~ .... r:l r:l . 0 " a ra QI ~~I -! ~ . D. Z ........ ~ ~ z H8:l: U I ....aQl . " '" . D. ~~ ~ z '" gJ~ s;;: . ~ .,j i ~ 8~H M . .J o t;N . . z " 0 " lii~ . U N in I> ~ lQ w " :; <I M . a: ~ ~~~ ~~ ~~~ ~ ~ ~~.... 0 ~ M U~"" ..,~ . . I.,,,,, (JI/i""s IHWIX, lUWIX 8.: ~I('I{XIGlIT PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: please list the within matter for the next Argunent Court. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption IlI.ISt be stated in full) ROBERT B. WEBER and MARGARET CHERYL L. CAREY, a.k.a. MARGARET CHERYL L. CAREY WEBER, (plaintiff) , . ,- VB. GWENETH MONGELLI, JOHN MONGELLI and DEREK MONGELLI, c, C, t.~- >-- ~ (Defendant) U-> ..L:... 19 No. 94-2221 Civil IN EJECTMENT 1. State matter to be argued (i.e., plaintiff'S I1Dtion for new trial, defendant's daJur.ter to carplaint, etc.): PRELIMINARY OBJECTIONS OF DEFENDANTS AND MOTION TO STRIKE 2. Identify ooonsel who will argue case: (a) for plaintiff: Lori K. Serrate11i, Esq. ~: 2040 Linglestown Rd., Suite 106 Harrisburg, PA 17110-9483 (717) 540-9170 (b) for defendant: Harold S. Irwin, III, Esq. ~: 60 West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013 3. I will notify all parties in writing within t'NO days that this case has been listed for argurent. 4. Arg\.IneIlt Court Date: August 10. 1994 Dated: tJ(~ih~ iIJo J AttOr"e'y' for P1a~ntiffs 6-29-94 Law Oll1en IRWIN, IRWIN &, McKNIGHT .-, ""' ., ROBERT B. WEBER and MARGARET : IN THE COURT OF COMMON PLEAS OF CHERYL L. CAREY, aka MARGARET: CUMBERLAND COUNTY, PENNSYLVANIA CHERYL L. CAREY WEBER, Plaintiffs : CML ACTION - LAW v. GWENETH MONGELLI, JOHN : 94-2221 CIVIL TERM MONGELLI and DEREK MONGELLI. : Defendants : IN EJECTMENT STIPUI..ATION The parties to this action, by their attorneys, hereby agree and stipulate as follows: 1. Defendants agree to vacate the premises which are the subject of this action on or before August 31, 1994, 2. The argument scheduled for August 10, 1994, on defendants' preliminary objections may be continued generally, pending the turning of possession of the premises by the defendants over to the plaintiffs on or before August 31, 1994, 3. Upon turning possession of the premises over to plaintiffs by the defendants, plaintiffs will settle and discontinue this action with prejudice, - July..,L)..., 1994 SERRATELLI, SCHIFFMAN & BROWN, PC ";(~~J BY: LORI ,SERRA ELLI, Attorney for Plaintiffs July A. 1994 t.I . ...._..~--~~ ~~!'r' - -~ '" i i: _...Tl"11~ "":r ('J-') fot ~<: tIl OH Ul Ul Ul:i! E-< .... .... 0 N E-<kl .... . " N ;5;:; ~~ ''; H '" ~ N ..J"C Z 0 '" .... z to , ..J>< <:<.:> " ..J " ~ a w '" p..", ~ ~ <.:><>: ''; kl ClJ " W Z <>:~ '" <.:>.... t.l 5 ~ 0 ZZ ..J kl ~ .H ZZClJ . to ~ ::-: " Okl E-<E-< <>:p.. :<:O<=> '" ~ ~ :! ~p.. I Z <llkl 0::<: Z .. 0 to ..Jkl "C-"'''' ..., 0 \J roll ;; w z 0 'ZHjS ,,"'kl ..: H !i;:j . ~ ~ U >< 0> <ll ~ ...:-~ E-< w .. C5 . ~ E-< HHU . j Z 0 ~ .. ~ Z E-<Ukl <>:><>< ..Jkl . 0 ~ 0 ::> U ..., klklkl ..J<=> ::> j ~ . .. z 0 <:Hkl "'~<>: . kl p.. . z E-< U N kl <: > <':>"C H w to W . ~ <>: ..JNZ ~UU Z " E-< . .. z w ::> <=> HNH o <ll Ul 0 ~ Ii 0 :i! > I ::<: ~ . ~ U H.,- "'..J..J H Z . 0 ~ ..J U'" :<:..J . ID ~ w kl ~ E-<..J..J E-<..J . :<: kl <>:><>< klkl ~ ~ E-< ~ kl<>:<>: Z<':> ~ ~ "'klkl klZ Z 0:<::<: ~O I:l:: .... U <>:UU <.:>::<: ~ 1..1111"" SI MMA I fill. SUllflMAN & DMOWN. r.c. \1'111 Wf! WiU 111;l.ll\11_1...... ""....::. 1l"':~I\,.l,.t..I'^ 1.'11tl'J.4"' . ROBERT B. WEBER and MARGARET CHERYL L. CAREY, A.K.A. MARGARET CHERYL L. CAREY WEBER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-2221 Civi1 Term Plaintiffs v. CIVIL ACTION - LAW GWENETH MONGELLI, JOHN MONGELLI AND DEREl< MONGELLI, Defendants IN EJECTMENT PRABCIPB TO THE PROTHONOTARY: Please strike the above-captioned matter from the Argument List for August 10, 1994 as the parties have reached an agreement to resolve this matter. Respectfully aubmittedr 17110 Attorney for Plaintiffs ':r' O"t - ~... ..... t_.l': u.I<.-.,::)'" ~zr.:.:Z u..O(,,)oCl :... :rO:-OO l~ t-:- :r -l ~ ('~ -l ,.. ~ ~ . -' V'J .'.. .,..Z: ~w~j;r . ._ cnUJ ;::Xc.. ...=> 0<'> :c a... CD ::I' O"t '" .... => -. / - / / / '" " ;::: '" J'. /. - - ...-,.. ~- / ., ~ '" " 'J, ... '" ~ ~ ~ EO '" c " t: ~ c: ... ~ '" '" Z ~ .:J ~ ... co j - ;; ... .. - r 4. ROBBRT B. WBBBR AND MARGARET CHBRYL L. CAREY, a/k/a MARGARBT CHBRYL L. CARBY WBBBRr Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v GWENBTH MONGELLI, JOHN MONGBLLI AND DEREK MONGELLIr Defendants NO. 94-2221 CIVIL TERM ORDER OF COURT AND NOW, August 3, 1994, the court having been advised by counsel that the matters are resolved, the matter is removed from the August 10, 1994 Argument list. By ljL~FJZ Harold E. Sheely, P.J. Lori K. Serratelli, Esquire for the Plaintiff Harold S. Irwin, III, Esquire For the Defendant Court Administrator lpbf .zl ~. - :. ~ Fief. or 'io, '.("riOHSTlr.y CUHbE',u ;J c,. "n PFHN<;([ '''.\~;~ AUG ~ 10 55 AH '9~ Bug- Trothonotag of the "'~ } u' /u"'"u =~, - Cum County, — ~- �, ----/''_'_- ~—o`—~Q Solicitor x�x� "�^� ~ CIVIL TERM ORDER OF TERMINATION OF COURT CASES ' AND NOW THIS 28TH 2014,DAY OF OCTOBER, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA RLC.P.2302. BY THE COURT, DAVID D. BUELL