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HomeMy WebLinkAbout95-06731 '''-, '- ~ .,,' .,- , ff'L;,-.:,.._. ';r' ., 1 iR;~ '. _ ' . -~-.- . -,.. -."., ' , ;L F~~;~'. .:'_.- 'J""'" ~<:,_:, , '. . ::~, , _~1-~: -: i~;_i .t~ ~i..:o;~ '~~ _.+~: ';,,: ;; LILLIAN LANDIS, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 95- l;'T'J, 1 EQUITY TERM v. MARY CRIBARI, Defendant RULli AND NOW, this day of , 1995, upon consideration of Plaintiff's complaint, a Rule is hereby issed upon the Defendant, Mary cribari, to filing an accounting detailing the Defendant's management of plaintiff's funds while Defendant maintained power of attorney on behalf of Plaintiff. Rule to be served upon Defendant by United States Mail, certified, restricted delivery. Rule returnable days from the date of service. BY THE COURT, J. c,wcw.~Ul.UNt1l. ~, ' ( forma .scrita sus defensas 0 sus objeciones alas demandas en contra de au persona, Sea avisado que si usted no se defiende, la cort. tomara medidas Y puede entrar una orden contra usted sin previo aviBo 0 notificacion Y por cualguier queja 0 alivio que es pedido en la petie ion de demanda. Usted puede perder dinero 0 BUB propiendadea 0 otroa derechos importantes para usted. LLIVII 1.'fA DIJIUI)U 011 UOOADQ IlIIIlDIATUurrl, 81.0 TInl AIOGaPO 0 81 .0 '11"1 IL DI..aO 80'ICI...,1 DI ,aGAR TaL ."VICO, vaya n ,"'OJaL 0 LLlXI ,oa T.LI'O.O A LA O'ICI.A Cuya DI.ICCIO. II IIICUIII'l'U IlcaITA uuo ,an aVnIGUAR DOII1lI 81 'UIDI CQlIIGUI. AlIITnCIA LIGaL, Court Administrator Fourth Floor, cumberland county Courthouse carlisle, PA 17013 (717) 240-6200 IlUlJ'T .. VOR8 W 1 m Attorney 10 No. 65208 11 West pomfret street, suite 2 carlisle, PA 17013 (717)249-5373 Attorneys for plaintiff ~IL ~' v, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 95- V I ~ I EQUITY TERM LILLIAN LANDIS, Plaintiff MARY CRIBARI, Defendant COIIPLAIIIT AND NOW, this 28 day of November, 1995, comes Plaintiff, Lillian Landis, by and through her attorneys, Hanft' Vohs, and files this complaint alleging, inter alia, all right, title, ..tate, lien or interest in the real property described herein, a. follows: 1. Plaintiff, Lillian Landis, is an adult individual r..iding at 14 Hickory Lane, Mechanicsburg, Pennsylvania. 2. Defendant, Mary Cribari, is an adult individual residing at 1101 Indiana Avenue, Lemoyne, Pennsylvania. COUll'!' I QUIlT TITLB 3. Paragraphs 1 and 2 of the Complaint are incorporated herein by reference as if fully set forth. 4. Plaintiff brings this action pursuant to Pennsylvania Rule of civil Procedure 1061(b) (1-4) providing, inter alla, that any action to quiet title may be brought to determine "any right, lien, title, or interest in the land or determine the validity or discharge of any document, obligation or deed affecting a right, ['\~na. 01 v. IN THE COURT OF COMNON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 95- ((,f I ~ I EQUITY TERM LILLIAN LANDIS, Plaintiff MARY CRIBARI, Defendant (lOJlPLAIIIT AND NOW, this 28 day of November, 1995, comes Plaintiff, Lillian Landis, by and through her attorneys, Hanft & Vohs, and files this Complaint alleging, inter alia, all right, title, e.tate, lien or interest in the real property described herein, a. follows: 1. Plaintiff, Lillian Landis, is an adult individual residing at 14 Hickory Lane, Mechanicsburg, Pennsylvania. 2. Defendant, Mary Cribari, is an adult individual residing at 1101 Indiana Avenue, Lemoyne, Pennsylvania. COUIIT I QUIlT TITLB 3. Paragraphs 1 and 2 of the Complaint are incorporated herein by reference as if fully set forth. 4. Plaintiff brings this action pursuant to Pennsylvania Rule of civil Procedure 1061(b) (1-4) providing, inter alia, that any action to quiet title may be brought to determine "any right, lien, title, or interest in the land or determine the validity or discharge of any document, obligation or deed affecting a right, C\~f1L .' lien, title or interest in land." 5. Plaintiff owns in fee simple and is entitled to possession of an undivided interest in that certain parcel of land (hereinafter "the property") located in the county of Comberland, Commonwealth of pennsylvania, and described as follows: ALL THAT CERTAIN tract of land situate in upper Allen Twp., county of cumberland, and commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the southern line of Hickory Lane (50 feet wide), which said point is in the division line between Lots Nos. 127 and 128, on the hereinafter mentioned Plan of Lots; THENCE along the division line between Lots Nos. 127 and 128, South 10 degrees 57 minutes East, one hundred sixty (160) feet to a point; THENCE along the line of other land now or formerly of Paul T. Shearer and Violena M. Shearer, his wife, South 76 degrees 46 minutes 30 seconds West eighty-seven and seventeen one-hundredths (87.17) feet to a point in the division line between Lots Nos. 126 and 127 on said Plan; THENCE along the division line between Lots Nos. 126 and 127, North 15 degrees 29 minutes 30 seconds West, one hundred sixty-two and forty-nine one- hundredths (162.49) feet to a point in the southern line of Hickory Lane, aforesaid; THENCE along said line of Hickory Lane in an eastwardly direction by the arc of a circle curving to the right, the arc distance of thirty-seven and sixty-four one-hundredths (37.64) feet to a point; THENCE continuing along the said line of Hickory Lane, North 79 degrees 03 minutes East, sixty-two and thirty-six one- hundredths (62.36) feet to a point in the division line between Lot Nos. 127 and 128, aforesaid, at the point and Place of BEGINNING. 6. Plainitff acquired this Property by deed dated September 27, 1966 from Paul T. Shearer, et. ux., to plaintiff and her husband (now deceased), recorded in the Cumberland county Recorder of Deeds Office at Deed Book 0, Volume 22, Page 394. 7. By deed dated February 25, 1993, shortly after plaintiff's Husband's death, Plaintiff transferred the Property C\W\.'W.'J>>I1~Al'''lIU'lWP\~I1L .' to herself and Defendant, as tenants in common. A true and correct copy of said Deed is attached hereto and made a part hereof and marked as Exhibit "A". 8. Said transfer was the result of undue influence and duress, suffered by plaintiff as a result of Defendant's coersion. 9. Said transfer was made without any consideration. 10, Plaintiff's signature on the Deed was not made before a notary public, contrary to the presence of a notary seal. 11. Said transfer is thus void, and plaintiff is the sole owner of any and all right, title, and interest in the Property. 12. Defendant's claim to any interest in the Property is without amy right whatever, and Defendant has no estate, right, title, lien or interest in or to Plaintiff's undivided interest in .aid Property. WHEREFORE, Plaintiff, Lillian M. Landis, prays that this Honorable Court will decree the following: A. That Defendant be required to set forth the nature of her claims to said property adverse to Plaintiff; B. For a decree of this Court determining all of Defendant's adverse claims; C. For said decree to declare that Defendant has no estate, right, title, lien or interest whatever in or to plaintiff's undivided interest in said Property or any part thereof, and that Plaintiff owns in fee simple and is entitled to possession of an undivided interest in said Property; C\wr'W.1~nJUPUJHnL . D. For said decree to permanently enjoin Defendant and all persons claiming under her from asserting any estate, right, title, lien, or interest in or to said Plaintiff's undivided interest in said Property; E. For costs of this action and plaintiff's attorney fees to be paid by Defendant; and F. For such other relief as the Court may deem just and proper. COU1lT II ACCOU1lTIMG 13. paragraphs 1 through 12 of the complaint are incorporated herein by reference as if fully set forth. 14. At all times relevant to this complaint, Defendant, Mary Cribari, exercised Power of Attorney over Plaintiff, Lillian Landis. 9. During the course of Defendant's exercise of power of attorney she managed Plaintiff's funds. 10. During the course of this managment of plaintiff's funds, Defendant accounted for $ 48,491.55 of united states currency that rightfully belonged to plaintiff. 11. Defendant has only delivered to the Plaintiff approximately $38,000. 12. Defendant has not rendered to plaintiff a full account and report of her adminisration as power of attorney. WHEREFORE, plaintiff, Lillian M. Landis, prays that this Honorable Court will decree the following: 1. That a Rule be issued directing Mary cribari within 10 t'\~...uJNra , day. from the service of such Rule on her to render a full account and report of her administration as power of attorney of the funds of Lillian Landis; and 2. Return of the deficiency which is righfully the property of Lillian Landis, together with interest, costs of this action, and such other relief as this Honorable Court deems just and proper. Respectfully submitted, HANFT & VOHS W 11 am C. re Attorney 10 No. 65208 11 W, Pomfret street, suite 2 carlisle, PA 17013 (717) 249-5373 Counsel for plaintiff " C.\~PIL ~ vnUICATIO. I verify that the statements set forth in the attached complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904 relating to unsworn falsification to authorities. ~ to-~~ L 1 an Landis, Plaintiff C,\~JL '. DEE D MADE this 25th day of February, in the year of our Lord One Thousand Nine Hundred Ninety-three (1993). BETWEEN LILLIAN M. LANDIS, widow, of Lower Allen Township, Cumberland County, Pennsylvania, Grantor and party of the first part, - AND - LILLIAN M. LANDIS, widow, and MARY C, CRIBARI, both of Cumberland County, Pennsylvania, as tenants in common, Grantees and parties of the second part. WITNESSETH, that in consideration of the sum of One ($1.00) Dollar, Grantor does hereby grant and convey to Grantees: --r~,,' ..'I.U:, ALL THAT CERTAIN tract of land situate in Upper Allen/county of Cumberland, and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point in the southern line of Hickory Lane (50 feet wide), which said point is in the division line between Lots Nos, 127 and 128, on the hereinafter mentioned Plan of Lots; thence along the division line between Lots Nos. 127 and 128, South 10 degrees 57 minutes East, one hundred sixty (160) feet to a point; thence along the line of other land now or formerly of Paul T. Shearer and Violena M. Shearer, his wife, South 76 degrees 46 minutes 30 seconds West, eighty-seven and seventeen one-hundredths (87.17) feet to a point in the division line between Lots Nos. 126 and 127 on said Plan; thence along the division line between Lots Nos. 126 and 127, North 15 degrees 29 minutes 30 seconds West, one hundred sixty-two and forty-nine one-hundredths (162.49) feet to a point in the southern line of Hickory Lane, aforesaid; thence along said line of Hickory Lane in an eastwardly direction by the arc of a circle curving to the right, the arc distance of thirty-seven and sixty-four one-hundredths (37,64) feet to a point; thence continuing along the said line of Hickory Lane, North 79 degrees 03 minutes East, sixty-two and thirty-six one-hundredths (62,36) feet to a point in the division line between Lots Nos. 127 and 128, aforesaid, at the point and Place of BEGINNING. BEING Lot No. 127, Block "G", in a certain Plan of Lots known as Webercroft, which Plan is of record in the Cumberland County Recorder's Office in Plan Book K, at page 35. "(' ~l_~[ ":'J; t ~QrJ/ uU ", ,,,.. , '. HAVING thereon erected a dwelling house known as 14 Hickory Lane, Mechanicsburg, Pennsylvania, 17055. BEING the same premises which Paul T. Shearer, et UK" by their deed dated September 27, 1966, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book D, Volume 22, Page 394, granted and conveyed unto John K. Landis and Lillian M. Landis, his wife. Said John K. Landis died October 5, 1992, thereby vesting the entire fee simple title in the surviving tenant by the entireties, Lillian M. Landis, the Grantor herein. UNDER AND SUBJECT to all restrictions and conditions of record, THIS DEED IS EXEMPT FROM THE PAYMENT OF THE PENNSYLVANIA TRANSFER REAL ESTATE TAX SINCE IT IS BETWEEN SISTERS. TOGETHER with all and singular the tenements, hereditaments and appurtenances to the same belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; AND ALSO all the estate, title, interest, property, claim and demand Whatsoever, both in law and equity, of the said party of the first part, of, in, to or out of said premises, and every part and parcel thereof. TO HAVE AND TO HOLD the said premises, with all and singular the appurtenances, unto the said party of the second part, his heirs and assigns, to and for the only proper use and behoot of said party of the second part his heirs and assigns forever. AND the said Grantor will Warrant Specially the property hereby conveyed. IN WITHESS WHEREOF, the said Grantor has hereunto set her hand and seal the date and year first above written. Signed, Sealed and Delivered i )n the Prese~ce ot . /44 ' , ., ;' . / 1" I I f .- >hi;' 'd" LA"/{ 'lfi '/ I LILLIAN~, LANDIS M, c PM\ (5) , . ,I' .. - 2 - ~r'lh 36 Fl,cr ~. r. f'. t U~. ~~ CASE NOI 1995-06731 P COftftONWEALTH OP PENNSYLVANIA I COUNTY OP CUftBERLAND SHERIPP'S RETURN - REGULAR LANDIS LILLIAN VS. CRIBARI ftARY WESLEY COOK CUftBERLAND County, Pennsylvania, who to law, .ay., the within COMPLAINT - upon CRIBARI ftARY defendant, at 1813100 HOURS, on the 13th day of December 19~ at 1101 INDIANA AVENUE LEftOYNE, PA 17043 . Sheriff or Deputy Sheriff of being duly sworn according EQUITY WIIS served the . CUrl BERLAND County, Pennsylvania, by handing to nARY CRIBARI a true and atte.ted copy of the COMPLAINT - EQUITY to;ether with NOTICE and at the same time directing ~ attention to the contents thereof. Sheriff'. CoStSI Docketing Service Affidavit Surcharge 18.00 8.96 .00 2.00 ; ~;;Z~~ ~ R. Thomas K11~~! S28.9b HANPT AND VOHS 12l15/~:95 /~~ ~ D~ Sworn and subscribed to before me this J.o!!: day of ~u--/....-- 19 4" A. D. (j ... 0, 1J41/.. L_~ ~ 1trotnono~rr- .' . CI.TIWICATI ow SI.VICI AND NOW, this 15th day of March, 1995, I, William C. vohs, Esquire, hereby certify that I have this day served the following person with a copy of the foregoing document, by depositing same in the United states Mail, First class, postage prepaid, addressed as follows: Leonard Tintner, Esquire BOSWELL, SYNDER, TINTNER , PICCOLA 315 North Front street P. o. Box 741 Harrisburg, PA 17108-0741 'tV- W 11 am C. Vohs, Esqu re Attorney ID No. 65208 11 West pomfret street, suite 2 carlisle, PA 17013 (717) 249-5373 C\~ >- ~. (~ t...; "J 1:::- 11(: (_~l ,~ o. f ' f~~ ' ....,; : - 0'. '.::J , c !(J ," r:.)' .,......! U-' I. "," L:!l ,,- r'1 I . , ' L~.. " , '1 I Cl e" , j .