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HomeMy WebLinkAbout02-3751GEORGE MALLIOS and TESSIE MALLIOS, Plaintiffs BETTY FRENCH, PATRICIA WOLFE, SANDRA NEFF, BARBARA FRENCH HANAK, CAROL O'HEARN, KARL R. : FRENCH, JR., ROXANE CRAWFORD, : PAMELA WISE and SHERRY BENNETT,: Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - ~7,5-/ CWIL ACTION TO QUIET TITLE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MARTSON DEARDORFF WILLIAMS & OTTO Edward L. Sch'orptp, Esquiire PA ID No. 17495 Ten East High Street Carlisle, PA 17013 (717) 243-3341 GEORGE MALLIOS and TESSIE MALLIOS, Plaintiffs BETTY FRENCH, PATRICIA WOLFE, SANDRA NEFF, BARBARA FRENCH : HANAK, CAROL O'HEARN, KARL R. : FRENCH, JR., ROXANE CRAWFORD, : PAMELA WISE and SHERRY BENNETT,: Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - CIVIL ACTION TO QUIET TITLE COMPLAINT AND NOW, comes the Plaintiffs, George Mallios and Tessie Mallios, by and through their attorneys, MARTSON DEARDORFF WiLLIAMS & OTTO, who bring this action to quiet title against Defendants upon the following: 1. Plaintiffs, George Mallios and Tessie Mallios, are husband and wife and adult individuals having an address c/o 1116 Trindle Road, Carlisle, Pennsylvania. 2. Betty French, the widow of Karl R. French, is an adult individual residing at 749 South Third Avenue, Lebanon, Pennsylvania 17042. The said Karl R. French having died intestate on September 28, 1993 in Lebanon County, Pennsylvania. 3. Patricia Wolfe, a daughter of Karl R. French, is an adult individual residing at 4309 Lookout Road, Virginia Beach, Virginia 23455. 4. Sandra Neff, a daughter of Karl R. French, is an adult individual residing at 618 Capon Street, Strasburg, Virginia 26757. 5. Barbara French Hanak, a daughter of Karl R. French, is an adult individual residing at 304 Treasure Lake, DuBois, Pennsylvania 15801. 6. Carol O'Heam, a daughter of Karl R. French, is an adult individual residing at 1539 Beta Avenue, Lebanon, Pennsylvania 17046. 7. Karl R. French, Jr., a son of Karl R. French, is an adult individual residing at 875 Jay Street, Lebanon, Pennsylvania 17046. 8. Roxane Crawford, a daughter of Karl R. French, is an adult individual residing at 1610 Greenwood Drive, Lebanon, Pennsylvania 17046. 9. Pamela Wise, a daughter of Karl R. French, is an adult individual residing at 1910 South Fifth Avenue, Lebanon, Pennsylvania 17042. 10. Sherry Bennett, a daughter of Karl R. French, is an adult individual residing at 1310 Valley Drive, Lansdale, Pennsylvania 19446. 11. At the time of his death, the defendants named herein were the sole intestate heirs of the decedent, Karl R. French, to wit, his widow and eight children, and no children predeceased him or have since died. 12. The land which is the subject matter of this action to quiet title is the southern portion of Lot No. 21, Fairfield Plan, Block "D", Cumberland County Plan Book 2, Page 80 and is a tract having a width on Fairfield Street of seventy-five (75) feet and a depth to Lot No. 20 of twenty-five (25) feet. 13. Karl R. French, deceased, became vested in fee simple title to the tract of land described in paragraph 12 of this Complaint by Deed from Mervin P. Stone and Myrtle A. Stone, husband and wife, dated July 19, 1945, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "G", Volume 13, Page 397. 14. Thereafter, by proceedings held by the Tax Claim Bureau of Cumberland County, certain lots in said Fairfield Plan were sold at tax sale against Karl French, owner or reputed owner. 15. By Deed dated February 26, 1965, and recorded in Cumberland County Deed Book "M," Vol. 21, Page 834, the said Tax Claim Bureau of the County of Cumberland did grant and convey unto William I. Burkey and Evelyn G. Burkey, husband and wife, certain real estate described as: "1 Lot Southern portion [sic] of Lots 14-20, inc;" said real estate was sold as the property or reputed properly of Karl R. French. 16. In addition, by Deed dated February 26, 1965 and recorded in Cumberland County Deed Book "M", Volume 21, Page 833 the said Tax Claim Bureau of Cumberland County did grant and convey unto William I. Burkey and Evelyn G. Burkey, his wife, certain real estate described as: "Lots 14 through 20 Block 'D' Fairfield Plan; said lots were sold as the property or reputed property of Karl R. French. 17. The aforementioned Tax Claim Bureau Deeds were in error, as Plaintiffs believe, and thereupon aver, that the Bureau intended to also convey the interest of Karl R. French in Lot No. 21, but inadvertently omitted it in the legal description of both Deeds. 18. Upon information received, Plaintiffs are advised that, notwithstanding that the tax records prior to 1980 are not currently available, the interest of Karl R. French in the southern portions of Lots 14-21, inclusive, was taxed under one real estate tax assessment parcel; this is further evidenced by the deed described in paragraph 15 of this Complaint. 19. The Cumberland County Tax Claim Bureau did not intend to separate Lot No. 21 from the remaining lots for sale proposes, as the real estate taxes under which the sale was made were assessed against Lots 14-21, inclusive and not against separate lots. 20. The said William I. Burkey died April 12, 1973, thereby vesting his interest in LOt No. 21 in Evelyn G. Burkey, his widow, by survivorship. 21. Evelyn G. Burkey, widow, by her Deed dated June 22, 1992 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "S", Volume 35, Page 1157, granted and conveyed her interest in Lot No. 21 to Athena J. Mallios. 22. By her Deed dated March 9, 200! and recorded in Deed Book 252, Page 793, Athena J. Balafoutas, formerly Athena J. Mallios, granted and conveyed her interest in Lot No. 21 to George Mallios and Tessie Mallios, husband and wife, Plaintiffs herein. WHEREFORE, Plaintiffs pray your Honorable Court to order the Defendants, and each of them, to commence an action of ejectment or admit the vesting of fee simple title to the land in Plaintiffs, otherwise to enter an Order discharging any right, title or interest of the Defendants therein. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Date:August 5, 2002 VERIFICATION The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. VERIFICATIO._~_N The foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Tess~e Mallios ~ © GEORGE MALLIOS and TESSIE MALLIOS, Plaintiffs BETTY FRENCH, PATRICIA WOLFE, SANDRA NEFF, BARBARA FRENCH HANAK, CAROL O'HEARN, KARL R. FRENCH, JR., ROXANE CRAWFORD, PAMELA WISE and SHERRY BENNETT,: Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 3751 CIVIL ACTION TO QUIET TITLE ACCEPTANCE OF SERVICE Please enter the appearance of HANAK, GUIDO and TALADAY on behalf of Defendants Betty French, Patricia Wolfe, Barbara French Hanak, Carol O'Hearn, Karl R. French, Jr., Roxane Crawford, Pamela Wise and Sherry Bennett. We hereby accept service of a true copy of the Complaint on behalf of all of the named Defendants, excepting Sandra Neff. Date: August 14, 2002 HANAK,/~ and TALADAY By ~~~~ Robert M. H~m~[k,~ E~squire PA ID No. 03~q// 498 Jeffers Street P.O. Box 487 DuBois, PA 15801 (814) 371-7768 2002 F:~ILES~DATAFILE~Rcal Estat¢~2002\ 102403 -affidavit.neff 10240.3 GEORGE MALLIOS and TESSIE MALLIOS, Plaintiffs BETTY FRENCH, PATRICIA WOLFE, SANDRA NEFF, BARBARA FRENCH HANAK, CAROL O'HEARN, KARL R. FRENCH, JR., ROXANE CRAWFORD, PAMELA WISE and SHERRY BENNETT,: Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 3751 CIVIL ACTION TO QUIET TITLE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint was mailed to Defendant Sandra Neff at 618 Capon Street, Strasburg, VA 26757 on August 6, 2002, by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed and dated August 13, 2002. ard L. Schorpp, Esquire Sworn to and subscribed before me this 16th day of August, 2002 ~ 8. W~LDAY, No~V FM~ I · Com~ tlem~ 1, 2, and 3~ Nao cemple~ so that we can return the card to you. · Attach this card to the back of the mallpiece, oron the front if apace pem~lts. IM~. Sandra Neff 618 Capon Street Strasburg, VA 26757 D. I~ dellve~y addmea dll~l~e~ from r'l yea M~ ~ ~ ~ ~ M~ ~ C.O.D. ' 2. ~ic~ Nu~ ~ ~m~O' 7001 2510 0009 2827 5744 PS Fo~ ~B~ ~, Ma~h 200~ ~t~ R~um R~ ~M.~ Postage ILl rtl ~[ Return Receipt Fee F:~ILES~DATAFILE~ReaI Estate~2002\ 10240-3 .affidavit 102403 GEORGE MALLIOS and TESSIE MALLIOS, Plaintiffs BETTY FRENCH, PATRICIA WOLFE, : SANDRA NEFF, BARBARA FRENCH : HANAK, CAROL O'HEARN, KARL R. : FRENCH, JR., ROXANE CRAWFORD, : PAMELA WISE and SHERRY BENNETT,: Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 3751 CIVIL ACTION TO QUIET TITLE AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ): SS. COUNTY OF CUMBERLAND ) On this, the ~ *th day of November, 2002, appeared betbre me, a Notary Public in and for said County and State, Edward L. Schorpp, Attorney for Plaintiffs, and states as follows: 1. The within Action to Quiet Title was commenced by a Complaint filed in the Office of the Prothonotary of Cumberland County on August 5, 2002; 2. The Complaint was thereafter served upon Robert M. Hanak, Esquire, counsel for all Defendants excepting solely Sandra Neff, who acknowledged acceptance of service by his written appearance duly filed of record on August 14, 2002; 3. The Complaint was served upon the remaining Defendant, Sandra Neff, by certified mail, restricted delivery, return receipt requested with receipt evidencing date of delivery of August 13, 2002; 4. No answer having been filed to the Complaint, the undersigned thereupon served Notice of Intent to Enter a Default Judgment upon all Defendants by regular mail under date of September 30, 2002, one such notice addressed to Attorney H~uaak and the other to Sandra Neff individually; and 5. None of the Defendants have answered or otherwise pled to the Complaint filed in the within action. Sworn and subscribed to before me this Lr rt~ day of November, 2002. Edward L. Schorppr '"' f ' ' N~TARIAL SEAL / _E~.B,=~ E. S'.I~EL, Notap/Public ~_My ~aommmmon ELxpires Feb. 18, 2006J GEORGE MALLIOS and TESSIE MALLIOS, Plaintiffs Vo BETTY FRENCH, PATRICIA WOLFE, SANDRA NEFF, BARBARA FRENCH HANAK, CAROL O'HEARN, KARL R. FRENCH, JR., ROXANE CRAWFORD, PAMELA WISE and SHERRY BENNETT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 3751 CIVIL ACTION TO QUIET TITLE ORDER AND NOW, this ~'~ day of ~, 2002, upon consideration of the within Affidavit, the Defendants, and each of them, shall be forever barred fi:om asserting any right, lien, title or interest in the land described in the Complaint inconsistent with the interests or claims of the Plaintiffs, unless the Defendants, or any of them, commence an action of ejectment against the Plaintiffs or take such other appropriate action to assert any right, title or interest they may have in the land. Jo F:~F1LES~DATAFILE~Real Estate~2003\10240-3.affidavit.2 10240.3 GEORGE MALLIOS and TESSIE MALLIOS, Plaintiffs Vo BETTY FRENCH, PATRICIA WOLFE, : SANDRA NEFF, BARBARA FRENCH : HANAK, CAROL O'HEARN, KARL R. : FRENCH, JR., ROXANE CRAWFORD, : PAMELA WISE and SHERRY BENNETT,: Defendants : · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 3751 CIVIL ACTION TO QUIET TITLE AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) )~ SS. COUNTY OF CUMBERLAND ) On this, the 3rd day of March, 2003, appeared before me, a Notary Public in and for said County and State, Edward L. Schorpp, Attorney for Plaintiffs, and states as follows: 1. That he caused a true copy of the Order of Court dated December 23, 2002, to be served upon Robert M. Hanak, counsel for all Defendants, excepting Sandra Neff, by regular mail deposited on December 23, 2002; and that he caused a true copy of the Order of Court dated December 23, 2002, to be served upon Defendant Sandra Neff, by regular mail deposited on December 23, 2002. Edward L. Schorpp Sworn an_gl subscribed to before me this ,q/CLday of March, 2003. -Notary Public .MBNOTARIAL SEAL ARBARA E. STEEL, Notary Public Carlisle Boro., Cumberland County y Commission Expires Feb. !8, 2006~ F:WILES~DATAFILE~Real Estatek2003\ 10240-3.praecipe\jad 10240.3 GEORGE MALLIOS and TESSIE MALLIOS, Plaintiffs Vo BETTY FRENCH, PATRICIA WOLFE, SANDRA NEFF, BARBARA FRENCH HANAK, CAROL O'HEARN, KARL R. FRENCH, JR., ROXANE CRAWFORD, PAMELA WISE and SHERRY BENNETT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-3751 CIVIL ACTION TO QUIET TITLE PRAECIPE Pursuant to Pa. R.C.P. No. 1066, please enter judgment in favor of Plaintiffs and against the Defendants, and each of them, forever barring them from asserting any right, lien, title or interest in the land described in the Complaint inconsistent with the interests or claims of the Plaintiffs. I certify that a copy of the Order entered by the Court on December 23, 2002, was served on each Defendant at least thirty (30) days prior to the date hereof. MARTSON DEARDORFF WILLIAMS & OTTO Edward L. Schorpp, Esquire I.D. No. 17495 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Date: March 3, 2003 GEORGE MALLIOS and TESSIE MALLIOS, Plaintiffs BETTY FRENCH, PATRICIA WOLFE, SANDRA NEFF, BARBARA FRENCH HANAK, CAROL O'HEARN, KARL R. FRENCH, JR., ROXANE CRAWFORD, PAMELA WISE and SHERRY BENNETT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 3751 CIVIL ACTION TO QUIET TITLE March 3~ 2003~ Final JudGment is the Defend. ants Pursuant to PA. R.C.P. Rule faire ~he action directed. ORDER AND NOW, this ~ day of ~, 2002, upon consideration of the within Affidavit, the Defendants, and each of them, shall be forever barred from asserting any right, lien, title or interest in the land described in the Complaint inconsistent with the interests or claims of the Plaintiffs, unless the Defendants, or any of them, commence an action of ejectment against the Plaintiffs or take such other appropriate action to assert any right, title or interest they may have in the land. B J. hereby entered in favo~f the Plaintiff and against No. 1066/~/~l~~'~and Local Rule .1.'0456.4. The Defendants have Curtis ~~on~ Pr-~hono~ ary F:\FILES\DATAFILE~Re al Estate~2002\ 10240-3.affidavit 10240.3 · 4 ~ ' GEORGE MALLIOS and TESSIE MALLIOS, Plaintiffs Vo BETTY FRENCH, PATRICIA WOLFE, SANDRA NEFF, BARBARA FRENCH HANAK, CAROL O'HEARN, KARL R. FRENCH, JR., ROXANE CRAWFORD, PAMELA WISE and SHERRY BENNETT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002 - 3751 CIVIL ACTION TO QUIET TITLE AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ).' SS. COUNTY OF CUMBERLAND ) On this, the (~ ~h day of November, 2002, appeared before me, a Notary Public in and for said County and State, Edward L. Schorpp, Attorney for Plaintiffs, and states as follows: 1. The within Action to Quiet Title was commenced by a Complaint filed in the Office of the Prothonotary of Cumberland County on August 5, 2002; 2. The Complaint was thereafter served upon Robert M. Hanak, Esquire, counsel for all Defendants excepting solely Sandra Neff, who acknowledged acceptance of service by his written appearance duly filed of record on August 14, 2002; 3. The Complaint was served upon the remaining Defendant, Sandra Neff, by certified mail, restricted delivery, return receipt requested with receipt evidencing date of delivery of August 13, 2002; 4. No answer having been filed to the Compl.aintl the undersigned thereupon served Notice of Intent to Enter a Default Judgment upon all Defendants by regular mail under date of September 30, 2002, one such notice addressed to Attorney Hanak and the other to Sandra Neff individually; and 5. None of the Defendants have answered or otherwise pled to the Complaint filed in the within action. Sworn and subscribed to before me this (pt'h day of November, 2002. Edward L. Schorpp ...... ~-7o~'~'y Public BARBARA E. STEEL, Notary Put)lic Commission F_.xpims Feb. 18, 2006