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IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY
PENNSYLVANIA
CIVIL ACTION LAW
Department of Pennsylvania,
Veterans of Foreign Wars of the
United States successor in interest to
Dougherty McGee Mazepink Post No 6349 and No 2013 9096 ( cf
Dougherty McGee Mazepink Post Home fig Q i
Association 12 ‘83
Plaintiff, : {1 if k 3“”
VS : 3, WE it i,i E
Dougherty McGee Mazepink Post Home ACTION TO QUIET HELE 34D
Association POSSESSION ‘ 5% c3 “’
l 100 Jefferson Avenue 3 53 I
Woodlyn PA 19094
Defendant
COMPLAINT
1 This action to Quiet Title is brought pursuant to Pa RCP 1061(b)(2) to
determine the right, title, or interest in a parcel of real property presently 1n the possession of
Dougherty McGee Mazepink Post Home Association, the Situs of said property is in Delaware
County, Pennsylvania
2 Plaintiff, Department of Pennsylvania, Veterans of Foreign Wars of the United
States, is a non profit corporation, organized and existing under the laws of the Commonwealth
of Pennsylvania, with a principal place of business at 4002 Fenton Avenue Harrisburg Pa
17109
3 Defendant, Dougherty McGee Mazepink Post Home Association, is a non profit
corporation, organized and existing under the laws of the Commonwealth of Pennsylvania with
a principal place of business at 1100 Jefferson Avenue, Woodlyn, PA 19094 also known as 6349
1
Jefferson & Garfield, Woodlyn, PA 19094, also known as 1100 Jefferson Avenue, Ridley
Township, County of Delaware, PA
4 The relevant parcel of property is more accurately described as follows
ALL THAT CERTAIN lot or piece of ground w1th the building and improvements thereon
erected
SITUATE in Ridley Township, Delaware County, PA and described according to a Plan of
Reverse Subdivision of G Leonard Rappold III and VFW Post #6349 said plan made by
Thomas W Burns Registered Surveyor dated 1/14/1987 and recorded 4/23/1987 in Plan
Volume 15 page 193 and as follows, to w1t
BEGINNING at a point on the Southerly side of Jefferson Avenue, 50’ wise, and the Easterly
side of Morris Avenue, 50’ wide, thence along the side of Jefferson Avenue N 73° 42’ 40” E
196 63’ to a point the intersection of Jefferson Avenue and the Southwesterly side of Garfield
Avenue, 50’ wide; thence S 24° 00’ W 150 00’ to a point; thence S 66°00’ E 59 75’ to a point;
thence S 82° 45’ W 159 79’ to a point on the side of Morris Avenue; thence along the Side of
Morris Avenue N 7° 15’ W 96 96’ to the point and place of beginning
BEING the same premises which G Leonard Rappold III and Dougherty McGee Mazepink
Post home Association, a Pennsylvania non profit corporation, dated 5/ 12/ 1987 and recorded
6/ 1/ 1987 in the County of Delaware in Volume 468 page 1420 conveyed unto Dougherty
McGee Mazepink Post Home Association, a Pennsylvania non profit corporation, in fee
(Exhibit A)
5 Plaintiff claims ownership in the above mentioned parcel adverse to Defendant
Dougherty McGee Mazepink Post Home Association, and brings this action not as a Plaintiff in
possession but to determine its rights and interest in the property
6 On March 24 1946 the Dougherty McGee Mazepink Post No 6349 was
mustered (Exhibit B)
7 The members of the Dougherty McGee Mazepink Post No 6349 met at the
Woodlyn Fire House, Fairview Road Woodlyn, PA, until they were able to purchase land and a
building of their own (See Exhlbit B)
2
8 In 1955 members of the Dougherty McGee Mazepink Post No 6349 had the
“Dougherty McGee Mazepink Post Home Association” incorporated as a Pennsylvania Non
Profit Corporation, which was approved by the Pennsylvania Department of State, on April 18,
1955 (Exhibit C)
9 The members of the Home Association were members of VFW Post No 6349,
and both were subordinate units of the Veterans of Foreign Wars of the United States
10 On September 14 1964 Myron F Willert and Dolores M Willert his wife
deeded part of the above identified property to Defendant, Dougherty McGee Mazepink Post
Home Association, recorded in Delaware County, Deed Book 2234, Page 1034 (Exhibit A)
11 On May 13 1987 G Leonard Rappold III deeded the remaining part of the
above identified property to Defendant, Dougherty McGee Mazepink Post Home Association,
recorded on June 1 1987 in Delaware County Deed Book 0468 Page 1420 (Exhibit A)
12 The property was deeded for the benefit and use by VFW Post No 6349 (See
‘Plan for Reverse Subdivision for G Leonard Rappold III & V F W Post # 6349” attached to the
Deed (Exhibit A))
13 The property was in fact used solely by Post No 6349 as a VFW post from
about 1964 until 2011
14 On October 26 2011 the charter of the Dougherty McGee Mazepink Post No
6349 was canceled and the Post declared defunct (Exhibit D)
15 Section 212 of the Bylaws of the Veterans of Foreign Wars of the United States,
as amended on September 1, 2011, states in pertinent part what happens with regard to
disposition of property of defunct Posts, namely “in all cases of surrender, revocation or
forfeiture of a charter, title to all real and personal property shall immediately pass to the
3
Department who shall take possession and control for dlsposition as directed by the Department
Council of Administration for the purposes set forth in the Congressional charter ” (Exhibit E;
see also Exhibit F)
16 Section 708 of the Bylaws of the Veterans of Foreign Wars of the United States,
as amended on September 1, 2011, states in pertinent part “No unit charted by the Veterans of
Foreign Wars of the United States, and no activities, clubrooms, holding companies or units
sponsored or conducted or operated by, for or in behalf of any such chartered unit, shall
separately from the Post, incorporate under the laws of the state in which it is located for any
purposes whatsoever unless the Articles of Incorporation of such charted unit and any
incorporated activities, clubrooms, holding companies or united sponsored, conducted or
operated by, for or in its behalf shall include those provision specific in the Manual of
Procedure ” (Exhibit E; see also Exhibit F)
17 Further, Section 709 of the Bylaws of the Veterans of Foreign Wars of the United
States, as amended on September 1 2011, states in pertinent part “any activity clubroom,
holding company or unit sponsored, conducted or operated by, for or in behalf of a Post, County
Council, District or Department shall be at all times under the direct control of such Post, County
Council, District or Department and all funds derived there from shall be at all times under the
direct control of such Post, County Council, District or Department” (Exhibit E; see also
Exhibit F)
18 Moreover, Section 709 of the Bylaws of the Veterans of Foreign Wars of the
United States, as amended on September 1, 2011, states in pertinent part “In addition, to other
legal requirements under existing local laws or Department By Laws, no Post, County Council,
District, or any holding company or corporation subordinate thereto, shall purchase, sell or
4
otherwise transfer title or any interest in any real estate unless written notice of such proposal has
first been given to each member of said unit ten (10) days prior to such regular or special
meeting at which the proposal is to be con31dered, and then only by two thirds (2/3) vote of
approval of those members present and voting at such regular or special meeting In addition, at
least thirty (30) days prior to such meeting, notice shall be provided to the Department
Commander who shall review any sale, purchase, transfer or encumbrance to determine whether
such transaction serves the purposes of the Veterans of Foreign Wars of the United States as
prescribed in the Congressional Charter Failure to comply with these provisions shall nullify
said transaction ” (Exhibit E; see also Exhibit F)
19 On February 6, 2012, counsel for Plaintiff sent correspondence to counsel for
Defendant, noting the Post’s obligation to transfer all property to the Veterans of Foreign Wars,
pursuant to the above noted By Laws (Exhibit G)
20 By letter dated, March 9, 2012, counsel for Defendant advised that it was
Defendants’ position that the subject property was owned by Defendant, Dougherty McGee
Mazepink Post Home Association, only, and not the property of Dougherty McGee Mazepink
Post No 6349, nor, by implication, subject to transfer to the Veterans of Foreign Wars (Exhibit
H)
21 To the contrary, both the Home Association and Post No 6349 were subordinate
units of Department of Pennsylvania Veterans of Foreign Wars of the United States and subject
to the above By Laws regarding the ownership and transfer of property
22 The Dougherty McGee Mazepink Post Home Association was created for the
purpose of supporting the Dougherty McGee Mazepink Post No 6349 and holding title to
property for the benefit of Post No 6349 such that Post No 6349 was the rightful owner of the
5
relevant property, and subject to the above By Laws regarding the ownership and transfer of
property
23 The Dougherty McGee Mazepink Post Home Assocration was wholly owned and
controlled by, and/or the alter ego of, the Dougherty McGee Mazepink Post No 6349, such that
Post No 6349 was the rightful owner of the relevant property, and subject to the above By Laws
regarding the ownership and transfer of property
WHEREFORE, Plaintiffs prays Your Honorable Court to enter an Order provrding as
follows
1 That the Defendant, Dougherty McGee Mazepink Post Home Association, its
successors and assigns, and all persons or entities having or claiming to have any right, lien, title,
interest in or claim against the aforesaid land, herein named, shall forever be barred from
ascertaining any right, lien, title, 1nterest in or claim against the aforesaid land inconsistent with
the title and interest of the Plaintiff and that the title of the Plaintiff to this aforesaid premises is
valid and indefeasible against all rights, liens, title, interests and claims whatsoever and the
Plaintiff is entitled to possession of the aforesaid premises unless exceptions are filed within
thirty (30 days hereafter and that the Prothonotary be directed to enter final judgment upon
Praecipe of the Plaintiff if exceptions are not filed within thirty (30) days of the Order
2 For possession of the aforesaid premises, 1100 Jefferson Avenue, Woodlyn, PA
19094, in favor of Plaintiff and against Defendant Dougherty McGee Mazepink Post Home
Association, its successors and assigns and all persons or entities havrng or claimrng to have any
right, lien, title, interest in or claim agarnst the aforesaid land, herein named
3 For costs of this action
6
4 For all such other and further relief as the Court deems just, equitable and proper
Date 2 [9/1 )1! ‘Z Frank J McGovern, Esqu1re
Attorney for Plaintiff
ID No 79826
PO Box 842
Drexel Hill PA 19026
610 284 1891
7
VERIFICATION
1, Frank J McGovern, Esquire, states that I am the attorney of record for the Plaintiff
herein; that I am acquainted With the facts set forth in the foregoing document; that the facts set
forth in the foregoing document are true and correct to the best of my knowledge, information
and belief and the this statement is made subject to the penalties of 18 Pa C SA Section 4904
relating to unswom falsification to authorities
Q4
2{‘/{)‘/\7 /” 27/
Date Frank J cGovern, Esq
Attorney for Plaintiff
l
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IN THE COURT OF COMMON PLEAS OF DELAWARE COUNTY PENNSYLVANIA CIVIL ACTION LAW Department of Pennsylvania, Veterans of Foreign Wars of the United States successor in interest to Dougherty McGee Mazepink Post No 6349 and No 2013 9096 ( cf Dougherty McGee Mazepink Post Home fig Q i Association 12 ‘83 Plaintiff, : {1 if k 3“” VS : 3, WE it i,i E Dougherty McGee Mazepink Post Home ACTION TO QUIET HELE 34D Association POSSESSION ‘ 5% c3 “’ l 100 Jefferson Avenue 3 53 I Woodlyn PA 19094 Defendant COMPLAINT 1 This action to Quiet Title is brought pursuant to Pa RCP 1061(b)(2) to determine the right, title, or interest in a parcel of real property presently 1n the possession of Dougherty McGee Mazepink Post Home Association, the Situs of said property is in Delaware County, Pennsylvania 2 Plaintiff, Department of Pennsylvania, Veterans of Foreign Wars of the United States, is a non profit corporation, organized and existing under the laws of the Commonwealth of Pennsylvania, with a principal place of business at 4002 Fenton Avenue Harrisburg Pa 17109 3 Defendant, Dougherty McGee Mazepink Post Home Association, is a non profit corporation, organized and existing under the laws of the Commonwealth of Pennsylvania with a principal place of business at 1100 Jefferson Avenue, Woodlyn, PA 19094 also known as 6349 1 Jefferson & Garfield, Woodlyn, PA 19094, also known as 1100 Jefferson Avenue, Ridley Township, County of Delaware, PA 4 The relevant parcel of property is more accurately described as follows ALL THAT CERTAIN lot or piece of ground w1th the building and improvements thereon erected SITUATE in Ridley Township, Delaware County, PA and described according to a Plan of Reverse Subdivision of G Leonard Rappold III and VFW Post #6349 said plan made by Thomas W Burns Registered Surveyor dated 1/14/1987 and recorded 4/23/1987 in Plan Volume 15 page 193 and as follows, to w1t BEGINNING at a point on the Southerly side of Jefferson Avenue, 50’ wise, and the Easterly side of Morris Avenue, 50’ wide, thence along the side of Jefferson Avenue N 73° 42’ 40” E 196 63’ to a point the intersection of Jefferson Avenue and the Southwesterly side of Garfield Avenue, 50’ wide; thence S 24° 00’ W 150 00’ to a point; thence S 66°00’ E 59 75’ to a point; thence S 82° 45’ W 159 79’ to a point on the side of Morris Avenue; thence along the Side of Morris Avenue N 7° 15’ W 96 96’ to the point and place of beginning BEING the same premises which G Leonard Rappold III and Dougherty McGee Mazepink Post home Association, a Pennsylvania non profit corporation, dated 5/ 12/ 1987 and recorded 6/ 1/ 1987 in the County of Delaware in Volume 468 page 1420 conveyed unto Dougherty McGee Mazepink Post Home Association, a Pennsylvania non profit corporation, in fee (Exhibit A) 5 Plaintiff claims ownership in the above mentioned parcel adverse to Defendant Dougherty McGee Mazepink Post Home Association, and brings this action not as a Plaintiff in possession but to determine its rights and interest in the property 6 On March 24 1946 the Dougherty McGee Mazepink Post No 6349 was mustered (Exhibit B) 7 The members of the Dougherty McGee Mazepink Post No 6349 met at the Woodlyn Fire House, Fairview Road Woodlyn, PA, until they were able to purchase land and a building of their own (See Exhlbit B) 2 8 In 1955 members of the Dougherty McGee Mazepink Post No 6349 had the “Dougherty McGee Mazepink Post Home Association” incorporated as a Pennsylvania Non Profit Corporation, which was approved by the Pennsylvania Department of State, on April 18, 1955 (Exhibit C) 9 The members of the Home Association were members of VFW Post No 6349, and both were subordinate units of the Veterans of Foreign Wars of the United States 10 On September 14 1964 Myron F Willert and Dolores M Willert his wife deeded part of the above identified property to Defendant, Dougherty McGee Mazepink Post Home Association, recorded in Delaware County, Deed Book 2234, Page 1034 (Exhibit A) 11 On May 13 1987 G Leonard Rappold III deeded the remaining part of the above identified property to Defendant, Dougherty McGee Mazepink Post Home Association, recorded on June 1 1987 in Delaware County Deed Book 0468 Page 1420 (Exhibit A) 12 The property was deeded for the benefit and use by VFW Post No 6349 (See ‘Plan for Reverse Subdivision for G Leonard Rappold III & V F W Post # 6349” attached to the Deed (Exhibit A)) 13 The property was in fact used solely by Post No 6349 as a VFW post from about 1964 until 2011 14 On October 26 2011 the charter of the Dougherty McGee Mazepink Post No 6349 was canceled and the Post declared defunct (Exhibit D) 15 Section 212 of the Bylaws of the Veterans of Foreign Wars of the United States, as amended on September 1, 2011, states in pertinent part what happens with regard to disposition of property of defunct Posts, namely “in all cases of surrender, revocation or forfeiture of a charter, title to all real and personal property shall immediately pass to the 3 Department who shall take possession and control for dlsposition as directed by the Department Council of Administration for the purposes set forth in the Congressional charter ” (Exhibit E; see also Exhibit F) 16 Section 708 of the Bylaws of the Veterans of Foreign Wars of the United States, as amended on September 1, 2011, states in pertinent part “No unit charted by the Veterans of Foreign Wars of the United States, and no activities, clubrooms, holding companies or units sponsored or conducted or operated by, for or in behalf of any such chartered unit, shall separately from the Post, incorporate under the laws of the state in which it is located for any purposes whatsoever unless the Articles of Incorporation of such charted unit and any incorporated activities, clubrooms, holding companies or united sponsored, conducted or operated by, for or in its behalf shall include those provision specific in the Manual of Procedure ” (Exhibit E; see also Exhibit F) 17 Further, Section 709 of the Bylaws of the Veterans of Foreign Wars of the United States, as amended on September 1 2011, states in pertinent part “any activity clubroom, holding company or unit sponsored, conducted or operated by, for or in behalf of a Post, County Council, District or Department shall be at all times under the direct control of such Post, County Council, District or Department and all funds derived there from shall be at all times under the direct control of such Post, County Council, District or Department” (Exhibit E; see also Exhibit F) 18 Moreover, Section 709 of the Bylaws of the Veterans of Foreign Wars of the United States, as amended on September 1, 2011, states in pertinent part “In addition, to other legal requirements under existing local laws or Department By Laws, no Post, County Council, District, or any holding company or corporation subordinate thereto, shall purchase, sell or 4 otherwise transfer title or any interest in any real estate unless written notice of such proposal has first been given to each member of said unit ten (10) days prior to such regular or special meeting at which the proposal is to be con31dered, and then only by two thirds (2/3) vote of approval of those members present and voting at such regular or special meeting In addition, at least thirty (30) days prior to such meeting, notice shall be provided to the Department Commander who shall review any sale, purchase, transfer or encumbrance to determine whether such transaction serves the purposes of the Veterans of Foreign Wars of the United States as prescribed in the Congressional Charter Failure to comply with these provisions shall nullify said transaction ” (Exhibit E; see also Exhibit F) 19 On February 6, 2012, counsel for Plaintiff sent correspondence to counsel for Defendant, noting the Post’s obligation to transfer all property to the Veterans of Foreign Wars, pursuant to the above noted By Laws (Exhibit G) 20 By letter dated, March 9, 2012, counsel for Defendant advised that it was Defendants’ position that the subject property was owned by Defendant, Dougherty McGee Mazepink Post Home Association, only, and not the property of Dougherty McGee Mazepink Post No 6349, nor, by implication, subject to transfer to the Veterans of Foreign Wars (Exhibit H) 21 To the contrary, both the Home Association and Post No 6349 were subordinate units of Department of Pennsylvania Veterans of Foreign Wars of the United States and subject to the above By Laws regarding the ownership and transfer of property 22 The Dougherty McGee Mazepink Post Home Association was created for the purpose of supporting the Dougherty McGee Mazepink Post No 6349 and holding title to property for the benefit of Post No 6349 such that Post No 6349 was the rightful owner of the 5 relevant property, and subject to the above By Laws regarding the ownership and transfer of property 23 The Dougherty McGee Mazepink Post Home Assocration was wholly owned and controlled by, and/or the alter ego of, the Dougherty McGee Mazepink Post No 6349, such that Post No 6349 was the rightful owner of the relevant property, and subject to the above By Laws regarding the ownership and transfer of property WHEREFORE, Plaintiffs prays Your Honorable Court to enter an Order provrding as follows 1 That the Defendant, Dougherty McGee Mazepink Post Home Association, its successors and assigns, and all persons or entities having or claiming to have any right, lien, title, interest in or claim against the aforesaid land, herein named, shall forever be barred from ascertaining any right, lien, title, 1nterest in or claim against the aforesaid land inconsistent with the title and interest of the Plaintiff and that the title of the Plaintiff to this aforesaid premises is valid and indefeasible against all rights, liens, title, interests and claims whatsoever and the Plaintiff is entitled to possession of the aforesaid premises unless exceptions are filed within thirty (30 days hereafter and that the Prothonotary be directed to enter final judgment upon Praecipe of the Plaintiff if exceptions are not filed within thirty (30) days of the Order 2 For possession of the aforesaid premises, 1100 Jefferson Avenue, Woodlyn, PA 19094, in favor of Plaintiff and against Defendant Dougherty McGee Mazepink Post Home Association, its successors and assigns and all persons or entities havrng or claimrng to have any right, lien, title, interest in or claim agarnst the aforesaid land, herein named 3 For costs of this action 6 4 For all such other and further relief as the Court deems just, equitable and proper Date 2 [9/1 )1! ‘Z Frank J McGovern, Esqu1re Attorney for Plaintiff ID No 79826 PO Box 842 Drexel Hill PA 19026 610 284 1891 7 VERIFICATION 1, Frank J McGovern, Esquire, states that I am the attorney of record for the Plaintiff herein; that I am acquainted With the facts set forth in the foregoing document; that the facts set forth in the foregoing document are true and correct to the best of my knowledge, information and belief and the this statement is made subject to the penalties of 18 Pa C SA Section 4904 relating to unswom falsification to authorities Q4 2{‘/{)‘/\7 /” 27/ Date Frank J cGovern, Esq Attorney for Plaintiff l