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HomeMy WebLinkAbout00-01580 '" "--" .' ~. .'~ . ""c~" "-'"'" __" _ ~ .' ,- ,,~---"-',' -- ~ ~"",~-, '" ~'''--'''".,,,,,;;,~.' ;-, ",->_("~"-",,,_"j;.-_v,~_"""_-, H~-" .,,,," "," ,,_' --.>F'oiiJ '( ':) < STANLEY BRITT and JOSEPHINE BRITT, husband and wife, P AULA LAWRENCE, GLORIA TONKIN, RITA HARVEY, MICHAEL HOLTZER and ROBYN HOLTZER, husband and wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA Plaintiffs : No.: 06 - I Scfb ~cr...UA-J.y I~ v. : Civil Action in Equity and Law l~ ii ~ I I ! i ! I , I I ! ! ! I I " ~ BRIAN J. MOTTER and HUGH JONES, Defendants 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 Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013-3387 (717) 240-6200 .," ,.,," . '.'. , ," .' -,.., << '_,._;:~"d _ ~-'-" '. O. . '~ '" . . ,-,''',' C" - n- ,',~~ " ~e--<< ~, , -1";"",-, __; > ( STANLEY BRITT and JOSEPHINE BRITT, husband and wife, PAULA LAWRENCE, GLORIA TONKIN, RITA HARVEY, MICHAEL HOLTZER and ROBYN HOLTZER, husband and wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : No.: Plaintiffs v. : Civil Action in Equity and Law BRIAN J. MOTTER and HUGH JONES, Defendants NOTICIA USTED HA smo DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y A viso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero rec1amada en la demanda 0 cualquier otra rec1amacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. U sted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE PAGARLE A UNO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, P A 17013-3387 (717) 240-6200 "W" H .. -~, -.' >, >C'. _,. "k" ..c;,-, .~. ",C,-,O " '"" "",<,;.~" .," ':~' < . ~' .',,:.;.; '''> " ,1,,,~, _-' '-" ,,~'. ."~~'-;;""""",';'-"'--",~,,.:,, ,:. ,. /,,"' , ~ STANLEY BRITT and JOSEPHINE BRITT, husband and wife, P AULA LAWRENCE, GLORIA TONKIN, RITA HARVEY, MICHAEL HOLTZER and ROBYN HOLTZER, husband and wife, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA ~ No.: 0-0- J5'10 ~ ~ v. : Civil Action in Equity and Law BRIAN J. MOTTER and HUGH JONES, Defendants COMPLAINT I. Plaintiffs, Stanley Britt and Josephine Britt (hereinafter "Britt") are husband and wife, with an address of6199 Haymarket Way, Mechanicsburg, PA 17055. 2. Plaintiff, Paula Lawrence, (hereinafter "Lawrence"), is an adult individual with an address of6203 Haymarket Way, Mechanicsburg, PA 17055. 3. Plaintiff, Gloria Tonkin, (hereinafter "Tonkin") is an adult individual with an address of 6205 Haymarket Way, Mechanicsburg, PA 17055. 4. Plaintiff, Rita Harvey (hereinafter "Harvey") is an adult individual, with an address of6201 Haymarket Way, Mechanicsburg, PA 17055. 5. Plaintiffs, Michael Holtzer and Robyn Holtzer (hereinafter "Holtzer) are husband and wife, with an address of6195 Haymarket Way, Mechanicsburg, PA 17055. 6. Defendant, Brian J. Motter (hereinafter "Motter") is an adult individual who is the legal title holder of the property located at 6197 Haymarket Way, Mechanicsburg, PA 17055 and who has an address at 1541 Haven Croft Road, Harrisburg, PA 17110. 7. It is believed and therefor averred that Defendant, Hugh Jones (hereinafter "Jones'') has an address at and is the equitable title holder of the property located at 6197 Haymarket Way, Mechanicsburg, PA 17055. 8. The deeds ofthe Plaintiffs, Britt, Lawrence, Tonkin, Harvey and Holtzer, and .< - ", -_'A ^' ' --,'--- -~ .' "- ';';'. ,,,-__." _,_",-",,,,,;_.'.," ". ",".'C .~,,--,-. ;i~~" -'~'C-" -'~~";~"'_" _ ,"___',-. ;,>~ , , , .\ Defendant Motter, contain a grant of an easement to, "use an 18 foot wide right of way for purposes of ingress, egress and regress from Haymarket Way as more particularly set forth in Plan Book 68, page 56, in common with other lot owners on said Plan.", a copy of said deeds are attached hereto and incorporated herein as Exhibit "A". 9. The Plaintiffs' and Defendants' property is subject to a Declaration of Protective Covenants, Reservations and Restrictions of Hampden Court, Phase 4 (hereinafter "Declaration") as filed in Book 478, page 500 et seq. A true and correct copy of said Declaration is attached hereto and incorporated herein as Exhibit "B". 1 O. The Declaration provides interali: A. Section 2.a, No Lot or structure thereon shall be used for business, commercial or manufacturing purposes. R Section 2.d, No activity shall be carried on upon any Lot nor shall anything be done thereon which may be or may become a nuisance to the neighborhood. C. Section 2.1, No trailers. . . may be parked or maintained on or in front of any Lot unless stored entirely within a garage. 11. Said Declaration was intended to and run with the land and is binding on all parties and all persons claiming title thereunder and allows any owner of any Lot to prosecute any proceeding at law or in equity against the person or persons violating or attempting to violate any of the protective covenants, reservation and restrictions in the Declaration for the purpose of preventing the violation or to recover damages for such violation. 12. It is believed and therefore averred that Defendant Jones is in the business of: A. Selling and/or reconditioning used vehicles to third parties; and B. Transporting said vehicles for sale at a used car dealership and/or Auctions. , , .'" " '^". ., " ~ - ~, - , , - ~'---' '" ',", C",' '0'; " ,;" _,- ";,';.~'''__':-~':_'o-,, ,,__, .,__ "o.,_,~ -",:;"':'~"-, _', "''''Jr.''',)",-,'''''';'' :-.-" +':~""-'-.,"- ~-"i > , 13. Defendant Jones, on numerous occasions has parked and continues to park motor vehicles in such a manner as to prevent the Plaintiffs the free use of said 18 foot easement for ingress, egress and regress from Haymarket Way contained in the deeds attached as Exhibit "A". 14. On November 13, 1999, Defendant Jones parked three (3) motor vehicles and a trailer on the easement which prevented the Plaintiffs from the free use of said 18 foot easement for ingress, egress and regress from Haymarket Way. 15. One of said vehicles mentioned in paragraph 14 was a 1994 VW Jetta, VIN 3VWSA81H6RM045881, was un1icenced and displayed crayon markings and warranty sticker on the windows owned by Linda M. Isgro, 130 Old English Road, Pittsburgh, P A 15237. A true and correct copy of said photographs evidencing said vehicles interfering with the easement is attached hereto and incorporated herein as Exhibit "C". 16. On November 13, 1999, Defendant Jones parked two (2) motor vehicles, license plate number F70-589F and license plate number H22-300H on the easement which prevented the Plaintiffs from the free use of said 18 foot easement for ingress, egress and regress from Haymarket Way. A true and correct copy of said photographs evidencing said vehicles interfering with the easement is attached hereto and incorporated herein as Exhibit "D. 17. On December 17 & 18, 1999, DefendantJones, parked a motor vehicle, license plate number F79-589F which interfered with the easement and a trailer on a Lot encumbered by the Declaration which prevented the Plaintiffs from the free use of said 18 foot easement for ingress, egress and regress from Haymarket Way. A true and correct copy of said photograph evidencing said vehicle interfering with the easement and the trailer is attached hereto and incorporated herein as Exhibit "E". 18. On January 9 & 10,2000, Defendant Jones, parked a trailer on a Lot encumbered by the Declaration. A true and correct copy of said photograph evidencing said trailer on the Lot is attached hereto and incorporated herein as Exhibit "F". .,-- , o.-'~ "". ",. ,,~,. _ _C,",,_ ". L. ~_'" ~".~'.' ~_,_,~,,,,,,,_~~,_,, _ ',.<>- " ~ ,. p-,;",~;:." -" ~~ """'1 > 19. It is believed and therefore averred that Defendant Jones on several occasions has met with third parties and sold vehicles on the Lot encumbered by the Declaration owned by Defendant Motter. 20. It is believed and therefore averred that Defendant Jones is using the Lot owned by Defendant Motter and encumbered by the Declaration for a business or commercial purpose. 21. The actions of Defendant Jones of parking vehicles in the easement; parking a trailer ona Lot encumbered by the Declaration; conducting a business on a Lot encumbered by the Declaration is a nuisance to the neighborhood, in violation of the Declaration and prevents Plaintiffs the right to use the easement as recited in their deed. 22. Defendant Motter, as legal title owner of a Lot in Hampden Court, Phase 4, has allowed Defendant Jones to prevent the free use of the 18 foot easement as recited in Plaintiffs' deeds and to violate the Declaration which runs with the land. 23. The action of Defendant Jones should be imputed to Defendant Motter as the legal title owner of a Lot in Phase 4, Hampden Court. WHEREFORE, the Plaintiffs respectfully request that this Honorable Court enter an Order against Defendants, Jones and Defendant Motter, preventing them from: A. Blocking the free use of the 18 foot wide right of way for the purpose of ingress, egress and regress from Haymarket Way. B. Parking trailers on any Lot in Hampden Court, Phase 4 which is not entirely enclosed in a garage. C. Operating a business on any Lot in Hampden Court, Phase 4. - C'~.U~ _, ~,.'-<._ ; -:H _~d .;_ -- ,-',., , ,,?'_ ~ ,_0-'. ,,"',0. .:_""" ;,~i,":'"' ,;;<<,^,",\I" D. Having more than two (2) vehicles on the Lot known as 6197 Haymarket Way or any other Lot or area in Hampden Court, Phase 4. FURTHER, to enter an Order against Defendant Jones and Defendant Motter requiring them to pay attorney fees and costs for this action. Dated: ..3-- /S-OO By: tho J. Foschi, LD. #55895 SHUMAKER WILLIAMS, P.C. P. O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Counsel for Plaintiffs ,~",.,,~,' .-..-" - ',',-' ,~ " - - '~.., ,~ - '~>{"'" .,;"" '_c".c_._ " ~ - "i > VERIFICATION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. I hereby verifY that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. - ,,~'-,- "'~,,,,,,~,'",-~="~ "' ., ~","o"._- -- "'-"', . :.;",," _.,- . " ~_ ,,;.,rtO.' ;;., :i,:,',;-., '.-i,"'i VERIFICATION COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND I hereby verif'y that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein ate subject to the penalties contained in 18 Pa. C.S. 9 4904, relating to unsworn falsification to authorities. : 104970 ~~~~ J ephi Britt ~ "'~."d__ .,~ ~-'-.- , H .'.-- ',"d."''''' ~" , ',~- , "". ~ ",,-y" ",'~-.- ,~',~ , VERIFICATION COMMONWEALTH OF PENNSYL VANIA SS. COUNTY OF CUMBERLAND I hereby verify that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C.S. Ii 4904, relating to unsworn falsification to authorities. {JfhJio laJl~UL Pallia Lawrence ,-- "' ~-'--'- . .~ >'.. . -'.,,' =,,'." /~.." -j,.-" 'C'.'''; " ,-j >, "",.;.,- " '-.., ,,~ -,~~ ), ,";,c ,"~-"-'<--- --, ,::"i"d VERIFICATION COMMONWEALTH OF PENNSYL VANIA SS. COUNTY OF CUMBERLAND I hereby verify that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ~~.) Gloria Tonkin . __h',-, ,,~> "._'-" '4'~",", -,~'''''^'' ,"'.,"--~~ ,. 0,< '0,_.' _, ';'_ "'."., ,,,.--.~:-ti__O" \',.,:' ' .,-.-"",,,,",,'.., VERIFICATION COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND I hereby verifY that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. ~Wv\-Wrv~ 3~3~~OOb Rita Harvey _'i ,,' 0 ~'~.,S~, ,,,:' ~,_ ",~cL"'_" _~_'"""'C -~_":~-';O~"'h,",_-;'-;':;"";""";':';-'_'~~~'__;~'':;;:'"'' '>-"':;;'0" ,,",,,,,_'~ ,-.._:~-.".J. VERIFICATION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. I hereby verify that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. ""'" , -~ '''~-h _',' "'.~,-,~-, --~,<".,-, '~~ -"',,,,-,:",,,; -",,,,,,-" _,~"~'- "'~'-" ~',~--, -'~-'<':''''';;'';'--";1 VERIFICATION COMMONWEALTH OF PENNSYL VANIA SS. COUNTY OF CUMBERLAND I hereby verifY that the statements of fact made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. ~~~ R~byn Hol zer '''IlIIvl'"'-I''''''lIIP~I'I'OUl>!'~I''l'Il'Ie''''r,.'~',~",''~'' " '. '" 'r."'.~"" rp." ,~W,~...N.f"'fli"'II'I....oill"$"'Iill;'. ~ ~ I <;JOS7 e-.- Fee Simpl:: Deed I l~ mbis 3Jnbenture ~ttween Jrlabe this 21if1 day of June 19 96 Wyncrest, Inc., a Penna. corporation AND (hereinaCter called the Grantor ), Stanley J. Britt and Josephine J. Britt, husband and wife (hereinaCter called the Grante'S ), 'Witnessetb That the said Grantor for and in consideration of the sum of ONE HUNDRED THIRTY-THREE THOUSAND ONE HUNDRED AND 00/100--------------($133,100.00)---------------------------- lawful money of the United States of America, unto ; t well and truly paid by the said GranteeS, at or before the sealing and deliver)' hereof, the receipt whereof is hereby acknowledged, has granted, bargained and sold, released and confirmed, and hy these preleDts does grant, bargain and lell, release and confirm unto the said Grantee ~ the; r hei rs and assigns, ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County. Commonwealth of Pennsylvania. more particularly bounded and described as follows. to wit: ~ BEGINNING at a point on the Southern right of way line of Haymarket Way at the dividing line of Lot No. l-C and Lot No. 1-0 as shown on hereinafter mentioned Plan of Recording; thence by aforementioned rIgl11 of way line South 56 degrees 30 minutes 56 seconds Eat 201.0 feel to a point on the dividing line of Lot No. I-D and Lot No. l-Ei thence by aforementioned dividing line and partially through the center of a partition,wall South 27 degrees 41 minutes 50 seconds West 173.35 (erroneously set forth as 131.35 feet in deeds of prior record) feet to a point on line of lands n/f of Q'Dot:lnell Pontiac. Inc.; thence by aforementioned line North 66 degrees 13 minutes 43 seconds West 20.05 feet to a point on the dividing line of Lot No. l-C and Lot No. 1-0, thence by aforementioned dividing line and partially through the center of a partition w~11 North 27 degrees 41 minutes 50 seconds East 176.75 feet to a point being the Place of BEGINNING. BEING Lot No. I-D as shown on a Plan of Recording of Hampden Court, Phase 4, recorded in Pian Book 68, page 56. CONTAINING 3,501.02 square feet and BEING No. 6199 Haymarket Way. BEING part of the same premises which Susan Q. Robarl. now by marriage Susan Q. Latham and Drew Latham, her husband by Deed dated November 13, 1995 and recorded in Cumberland County. in Deed Book 131 page 199 conveyed unto Wyncrest, Inc.. a Penna. corporation. TOGETHER with the right to use an 18 foot wide right of way for purpose of ingress. egress. and regress from Haymarket Way as more particularly set forth in Plan 800k 68, page 56. in common with other lot owners on said Plan. COOK 141 PAGE 659 EXHIBIT "A" "'" ~" m:ogetbrr with all and singular the buildings improvements, wa~'s, 5treels, alle~'s, driveways, passages, walt"ts'l water-courses, rights, liberties, privill."gl."s, hereditaments and appurtenanres. whatsoever unlo the hereby granted premises belonging, or in an~' wise appertaining. and the reversions and rt'mainders, reU:ts, il!isues, and profits thereof; and all the estate, right. tille, interel!it. property. claim and demand whatsoever of the said Grantor as well at law as in equit~., of, in, and to the same, m:o babe anlJ to bo(lJ the said lot or piece oC ground above described with the buildings .and improvements thereon erected hereditaments and premises hereby granted, or mentioned. and intended so to be, with the appurtenances, unto the said Grantee s, their heirs and assigns, to and for the only proper use and behoof of the said Grantee s, their heirs and assigns forever. ~nb the l!iaid Grantor ,for itself, its successors and assigns do es by these presents, covenant. grant and agree, to and with the said GranteeS , their heirs andassigns, that it thesaidGrantor ,its successors and assigns all and singular the hereditaments and premises herein above described and granted. or mentioned and inltllllled so to be, wilh the appurtenances, unto the said Grantee s, thei r hei rs and assigns, against it. the said Grantor , its successors and assi gnad against all and every person or persons whomsoever lawfully claiming or to claim the same or any part thereof. by, from or undel' him. her 0' any of them ,hall and will speci ally WARRANT and forever DEFEND. 3Jn .itnei~ mbereof. The l!iaid Grantor has caused these presents to be duly executed the day and year first b w~~nctz ? Lt-~ David R,Quatmann. Pre.sident BOOK 141 PACf 660 <,,,"', ,- ., . COM~,WNWEA!J'H OF PENNSYLVANIA COUNTY OFC'Vlmb. David R. Quatmann (IND.) , L~_ l__ ,'-" . 'h On lhi., theZ,/,,-'- day of June 19 96. before me, the undersigned officer, penonally appeared known to me (or satislactorily proven) to be the person the within instrument, and acknowledged that he contained. I whose name subscribed to executed the same for the purposes therein or who acknowledged himself to be the (CORP.) President . of Wyncrpst.,Inc. . a corporation, and that he a,a"~uch President being authorized to do 80, executed the foregoing i trument for the purp'osc therein contained by signing tbe Dame oCthe corporation hy himself Pr ident '. ,.,.;, FMln3y~vauia 1. S8 'l" '1A Cumberland . ,:':,,:; in. tho o'ffice i'or the r.c~(;.r)rd;ng of rjr~~"""~" \1 ~ ');?"'~ fO'r Ctunberland C:ountVi !....eQ, '1e''<l.' ,;,.),,~LY1_ \101:-:::::._.. Pa~a !..Q.~_. , > "11' hr.md ~llf ~8al of or:;I~" of (], J _ i.,Y I", Ihis _..s;;t!i._~ay OftJ~_~- ~'l;:t.lJ. ~.-f A~;' .r' ._.~~~ '.J . "r, ..,t . v'l '1.\ x~J1~t' -~?',~! ~';~.";~\' j;;.';'u..., -'~~-'.' ~.=::( i', ",.":;t " ~~~~r~~&~:. . ,J;'~"",--;a',:;,..~':';;''';......~' @ t::; \,() u ~ ~ ~K~ ~-'~ . ' 1 ~.: tij,.<f ~ ~'~: ~ o .~' " -g ~'v( .8 ~v '~\l.' ~ ~..~: It ~ '0 ::t, ~ .~ ~ ~'i d:: ~~.~.~ 3J1t mitne~~ mbeteol, . '.( ~ UJ ...; ~ co >- Ln ' J,~ , ~1.J ,- CJ _..I t,:) I... ...; ~ a => ,.. co E:: ... ,~ OJ '" u a:: " n::: Q ~ I.... 1".1 "- :,0 l'~ (::) <, N ,.. ll: -, r:: '" 0 L.U :::; ,',1 U en (:'. ~ . I -, ,~-; .. W :-1 IT) ~ 9 Q~,;'!p;?; 8l'ii~fi~ ~ .:..."~ ;;:, 1'1:, ", ?=:::"./I<: t"'ll;;1~ ~~,fo~~.R-.~r..,_~~'=' :#:::#: '*I: ,*p rl, >> I t ~., ::Ji::r=- ::!:~ ;:;~Lit(jli..,l"'-1:ft:~~ ~!:.l:I ~!:j~[~~ t::::J ~~ ..;:; r...:. = <::::(.1'3 rp. o:.l"~--I Q., o:;;~ ::i~ l- ::t> : 00 ~~~ ,- - t..., ..... " "',.......... ..... 0--0--0-.1;..-1._0-.0:.'..0;....1 ~B131~~:;f,1r.;;~~ ::: :::. ;:~'1 VI 0 ~:;::. C.11 c..11 :0 t..o e.,,\ OOC~OOOOC>C:><:>C>C> NOTARIALe" LINDA K. TIlIVELY. vu. ... Harrisbprg, DaUPhi~C/;Jry Public "'r CommiSSion E:ip;res n~'!"ty, PA -.15,1997 ;:..:,' '" 1:: ... ;;'::"' ';l~ ~. '" ,. ~ ... ,~ ..., " ,. g ... - " '" -"'- '" ..., ~""') ....0 ~ " c ::::1 !lQ- '" ~'" .. ~... .....1;"..1 ~.~ ~. c. " .. '" ... ~. -" "4::1 0_ , .", ~ co ... " .. 2 ~. ." :;t n = 3Ii ~ ~ ii! i ".. .... ~ ;:;: '" ~ ! a ~. = o +' co '" .. .. W"OOK . .<: ... 141 PAGE 661 -,~, . .~"" ~' '"]"" --',i , 'Fee Slmpl. Deed ~bf!i 3lnbenture /~ttWttn ~abt this 16th day ol June 1997"'- WYNCREST. INC.. a Penna. Corp. to (hereinalter called the Grantor ). PauaR. Lawrence and Randy L. Lawrence. a married couple. (hereinalter called the Grantee ). WitntSSttb . That the .aid Grantor lor and in con.ideration ol the .um ol One hundred Twenty Thousand and 00/100 Dollars ---------------------------------------($120.000.00) ---- lawlul money ol the United States ol America, unto it well and truly paid by the .aid Grantee ,at or belore the sealing and delivery hereof. the receipt whereof i. hereby acknowledged, has granted, bargained and sold, released and confirmed, and by the.e presento does grant, bargain and sell, release and confirm "nto the .aid Grantee . her hei rs and a.signs, ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point of the southern right of way line of Haymarket Way at the dividing line of Lot No. I-A and Lot I-B as shown on the hereinafter mentioned Plan of Recording; thence by aforementioned right of way by a curve to the right having a radius of 75.00 feet to an arc length of 8.80 feet to a point; thence by same South 56 de~rees 30 minutes 56 seconds East 11.27 feet to a point on the divid~ng line of Lot No. l-B and Lot No. l-C; thence by aforementioned dividing line and partially through the center of a partition wall South 27 degrees 41 minutes 50 seconds West 180.15 feet to a point onthe line of lands now or formerly of O'Donnell Pontiac, Inc.; thence by aforementioned line North 66 degrees 13 minutes 43 seconds West 20.05 feet to a point on the dividing line of Lot No. I-A and Lot No. I-B; thence by aforementioned dividing line and partially through the center of a partition wall North 27 degrees 41 minutes 50 seconds East 183.03 feet to a point bieng the place of BEGINNING. Being Lot No. I-B as shown on a Plan of recording of Hampden Court, Phase 4, recorded in Plan Book 68, Page 56. Containing 3,635.48 square feet and being known and numbered as 6203 Haymarket Way. Being part of the same premises which Susan Q. Robart, by her deed dated NOVEMBER 13,1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 131, Page 19, granted and conveyed unto Wyncrest, Inc., a Penna. Corp., GRANTOR HEREIN. -c~ " ~,! > tIl:ogetber with all and singular the buildings improvements, ways, Btreets, alleys, driveways, passages. waters, water..courses, rights, liberties, privileges, hereditaments and appurtenani'es, whatsoever unto the hereby granted premises be1onging, or in an)' wise appertaining, and the reversions and rtmaind"trs. fent'S, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of the said Grantor , as well at law as in equit~., -01, in, and to the same. ~"- "" " tEo babe anb to bolb the Baid lot or piece of ground above described with the buildings and improvements thereon erected hereditaments and premises Iiereby granted, or mentioned, and intended so to be, with the appurtenances, unto the said Grantee ,her heirs and assigns, to and for the only proper use and behoof of the said Grantee, her heirs and assigns forever. ~nb the said Grantor ,(or itself, its successors and assigns doe S. by these presents, covenant, grant and agree. to and with the \, said Grantee . her heirs and assigns. that thesaidGrantor . its successors & assignl all and singular the hereditaments and premises herein above described and granted. or mentioned and intended so to be. with the appurtenances. unto the said Grantee . her hei rs and assigns. against . the said Grantor i.ts successorA & assignlnd against all and every person or persons whomsoever lawfully claiming or to claim the same or any part thereof. by. from or under him, her, them or anyofthem shall andwil\ SPECIALLY WARRANT and forever DEFEND. ", 3Jn lIitnrllll IIbrtrof, The said Grantor has caused these presents to be duly executed the day and year first herein above written. &lralrb anb :l9rlibmb Wyncrest. Inc. " COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On this, the 16th day ol June 19 91 belore me, the undersigned officer, Personally appeared David R. Quatmann . known to me (or satis(actorily proven) to be the person, whose name subscribed to the within instrument, and acknowledged that he executed the same lor the purposes therein contained. , ' ,jiL (IND.) or (CORP.) who acknowledged himselCtobe the President ol Wyncrest, Inc. ,a corporation, and that he as such President being authorized to do so, executed the loregoing inotrument (or the purpose therein contained by signing the name olthe corporation by rinselC preside.nt In lIitneii IIbenof, I hereunto Jt a d an,~al. K,/,/1/J ......................... ......... .NOTARY PUBLIC NOTARIAL SEAl LINDA K. TRIVElY, Notary Public Harrisb~rQ, Dauphin Counly, PA My Commission Expires Dec.15, 1997 t , ~ I V) '~ z~! ~ . " .. .. I.lI ~ o . .~ ." " E ; ~ 1->! .. <011 ;. \J: J ...: .. ~! ~ ~; ~~; ;.. ~~Ij ill 1--""""; r: f ~:~o l~~ ,,-S' , r: .:l .1IC.' ~ ili ~ - ~ ... o ~! ," ~ I.lI " .r: ~ - Fee Simple Deed Cf501 E: UCbts lfnbentute JjeUUten .fflabe this 12 day of April 1996 Wyncrest, Inc., a Penna. corporation AND (hereinafter called the Grantor ), Gloria J. Tonkin (hereinafter called the Grantee ), Wttntssetb Thar the said Grantor for and in consideration of the sum of ONE HUNDRED TWENTY SEVEN THOUSAND THREE HUNDRED SEVENTY FIVE AND 00/100 DOLLARS -------($127,375.00) ______ lawful mOney of the United States of America, unto it well and truly paid by the said Grantee , at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, has granted, bargained and sold, released and confirmed, and hy these presents does grant, bargain and sell, release and confirm unto the said Grantee , her hei rs and assigns, ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania. more particularly bounded and described as follows, to wit: I; I I Ii Ii I,; ri I" I ri Ii ~ I' I " I" i. , fi BEGINNING at a point on the Southern right of way line of Haymarket Way at the dividing line of Lot No. I-A and Lot No. I-B as shown on hereinafter mentioned Plan of Recordinl; thence by aforementioned dividing line and partially through the center of a partition wall South 27 degrees 41 minutes 50 seconds West 183.03 feet to a point on line of land nlf of O'Donnell Potiac, Inc.; thence by aforementioned line North 66 degrees 13 minutes 43 seconds West 35.08 feet to a point on the Eastern line of Common Space 4; thence by aforementioned line North 27 degrees 41 minutes 50 seconds East 176.11 feet to a point on the Southern right of way line of Haymarket Way; thence by aforementioned right of way line by a curve to the right having a radius of 75.00 feet an arc length of 36.58 feet to a point being the Place of BEGINNING. BEING Lot No. I-A as shown on a Plan of Recording of Hampden Court, Phase 4, recorded in Plan Book 68, page 56. CONTAINING 6,338.77 square feet and BEING No. 6205 Haymarket Way. BEING part of the same premises which Susan Q. Robart, now by marriage Susan Q. Latham, and Drew Latham, her husband by Deed dated November 13, 1995 and recorded in Cumberland County, in Deed Book 131 page 199 conveyed unto Wyncrest Inc., a Penna. corporation. TOGETHER with the right to use an 18 foot wide right of way for purpose of ingress, egress and regress from Haymarket Way as more particularly set forth in Plan Book 68, page 56 in common with other lot owners on said Plan. eoo.: 137 PACE 713 -~ "..i Qrogetber with all and singular the buildings improvements, ways, streets, alleys, driveways, passages~ waters, w~ter~couf8es, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises betonging, or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of the said Grantor as well at law as in equity, of, in, and to the same. m::o babe anb to bolb the said lot or piece of ground above described with the buildings and improvements thereon erected hereditaments and premises hereby granted, 0' mentioned, and intended so to be, with the appurtenances, unto the said Grantee her hei rs and assigns, to and for the only proper use and behoof of the said Grantee her hei rs and assigns forever. ';1 :i: ~nb the said Grantor , for itself, its successors and assigns do es by these presents, covenant, grant and agree, to and with the said Grantee her heirs and assigns, that it the said Grantor , its successors and assigns all and singular the hereditaments and premises herein above described and granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantee her hei rs and assigns, against it, the said Granto, ,i ts successors and assi gnlnd against all and every person or persons whomsoever lawfully claiming or to claim the same or any part thereof, by, from or under him, her or any of them shall and will specially WARRANT and forever DEFEND. said Grantor has caused these presents to be duly executed the day and year first ~tm~n~~ BOOK 137 PAGE 714 .. " , COMMONWEALTH OF PENNSYLVANIA COUNTY OF . Dauphin . '+10 On this, the.;I. day of April. 1996 . before me, the undersigned officer, personally appeared David R. Quatmann mmX9tllll'Xfx>xll<<lMtx~.lIlOOeltb:'XlIl(:d(<<IUOlIIlVCx.xXJ(k__xxxxxxxxxxJOOlJtlllli:MllX ~~lOOOl.lOOlk~~RXllXkXXlOOcxxxxlOOllt<lxkoxJlll(J(<<kxxbJl)O(Illl!KXllk\IIXioc 1l001100CRX (IND.) . or who acknowledged himself to be the President of Wyncrest, Inc. , a corporation, and tbat be as sucb President being authorized to do so, executed the foregoin .instrument for the purpose therein contained by signing tbe name of tbe corporation hy himself s Pr i dent (CORP.) 3Jn lIIitnt55 IIIbmof. - NOTARiAL SEAL LINDA K. TRIVELY. Notary Public Harrisburg, Dauphin County, PA My Commission Expires Dec.15. 1997 . ., ,.."" of Pennsylvania } SS . m ..unty of Cumberland I. :~,':M . Jrd<;d. in the office tor the recording of Dnds ~;~ ."IW)\ iilnd for Cu!"berla~ Counw..,PlI.. ..'~. ;fiE1!lOOk~)Jol._f>age~ ~il~~h....) ;tr.'''r:s ,:"y hand and re:I 01 office ft n ()j ".'~ ~'."',"a, PA this day of ~ 19':lll- ~ ~R~~ "~;~t~t;~::S~ ;:::;1 9 9 ~} ~j~~ ~~ Pf-Il~ FF: ~~ ~ :~~ ;:'~~!;lgg ,.......,....?::-;:>::-l:::;:I/'Tl ~li:J;i:lj'.p:I;:!:~1~;.Ci 1 ~ ~ ..::.....J::-.-:::~ S;:::;o:, ~ ..... '-O...oq:;!'--l~.z:;--I.;:O rtl (.J'lrJIt..l1l:::::tt..:::1--1~ J-" 0-. D~. CI~. ;e::: --I .0:;: ...p..p....l:.-::z:<:U'J ~~~c~!f!Ft~ If _. r'--f If "':;1 rr1 rr1 " -< ........_"""'. r...)I-'-l-..... >j ... .., I-"- <J1 (..oJ r...:: ....... ,~... 0'. r..,) _ ~gc:i~~.~h~b::!2i r- (..ll ~_J :~J C) ;:0 co ~ c.n (_11 .:::;:. CJ1c..f}O:;::;> -.J CO(..'" <> <> :::0 ~ t'rl '" .. ,n Ct.l ,.. -, ....1 ;:>:;-- ;+', '-.:.~ ,- '..0 '..0 ,-, .:.'... c..? I ~ g c;o ~o Z 1:..)1 "" <::0 pool _., ibi! ~ =r.: ~. r- '. ~ .~ ", = ..... - -< ...a ~ ...0 -< ".. r- m ~ ~. Z "', "" 1.:' .,-, = c:> -L' .", ;;:0 '" ,-, 'D ~. ~~ - ~;:? i'a ?if -, ..... '" '" !::;i"::'" ?-i- E' ., !::; ~ ~. ~ .-t- :;:Q on '-r,,'-, ....... CJ .-" .~~ ,- ~ .J ,'0 t.l~ -1 ~g N 2: '" .;, '=' '" ,." BOOK 1.3'7 PACE '715 t.D 0" :n , ~.: ; "'t:J C) c: ;:t:; , , , 1-' ,-' :;) a! '-=..1 ,') , ...J ::0 " c:.. ::3 0 -" f-' c ( , ~ ~- p'] = -; ,.. ;..s:: -< C") .,; ., f-' u; w -u '" ,- ~ ~ ~ -' <) ~ " ~ () " ~ -.; .1' = ~~- .. .. t.:J "'" ~ ,; -"1 " E .. ~ ~ ~ = ~ }~~~ > 0 .c .. " V 0 ~ .<: C:;;~ I ~ '- ~~~~ . 0 w w " .. "'" ~~ "'" .. " .<: ... ,~ .., , '.-.~ Fee Simr>Je Deed '. \!Cbts 3lnbenture ~tUtlten . ;i$labt this -~. ,~ f7 ()r;-tfu day C~J2\ 11 19 96. Wyncrest. Inc.. a Penna. corporation AND S tt W H d R't 'd...; ..' . (hereinafter called the Grantor l, co . arvey an 1 a...... ~!:Ve.Y.: ~d:fI as joint tenants with right of survivorshiJ;>. (hereinafter called the Grantee sl, Witntssttb That the said Grantor for and in consideration of the sum of ONE HUNDRED FImEN THOUSAND AND 00/100-----------------($115.000.00)---------------------------------- lawful money of the United States of America, unto it well and truly paid by the said GranteeS, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, has granted, hargained and sold, released and confirmed, and by these presents does grant, bargain and sell, release and confirm unto the said Grantee s, thei r hei rs and assigns, ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County, Commonwealth of PennsYlvania, more particularly bounded and desc~ibed as follows, to wit: BEGINNING at a point on the Southern right of way line of Haymarket Way at the dividing line of Lot No. 1-B and Lot No. 1-C as shown on hereinafter mentioned Plan of Recording; thence by aforementioned right of way line South 56 degrees 30 minutes 56 seconds East 20.10 feet to a point on the dividing line of Lot No. 1-C and Lot No. 1-D; then.ce by aforementioend dividing line and partially through the center of a partition wall South 27 degrees 41 minutes 50 seconds West 176.75 feet to a point on line of lands nlf of O'Donnell Pontiac, Inc.; thence by aforementioned line North 66 degrees 13 minutes 43 seconds West 20.05 feet to a point on the dividing line of Lot No. 1-B and Lot No. 1-C; thence by aforementioned dividing line and partially through the center of a partition wall North 27 degrees 41 minutes 50 seconds East 180.15 feet to a point, being the Place of BEGINNING. BEING Lot No. 1-C as shown on a Plan of Recording of Hampden Court, Phase 4, recorde.d in Plan Book 68, page 56. CONTAINING 3,569.01 squar.e feet and BEING No. 6201 Haymarket Way. TOGETHER with the right to use an 18 foot wide right of way for purpose of ingress. egre and regress from Haymarket Way as more particularly set forth in Plan Book 68. page 56. in cOlllJJon with other lot owners on said Plan. / BEING the same premises which Susan Q. Robart, now by marriage, Susan Q. Latham and Drew Latham, her husband by Deed dated November. 13, 1995 and recorded in Cumberland County, in Deed Book 131 page 199 conveyed unto Wyncrest, Inc., a Penna. corporation. ~ ~ ~ , "'-~~"-, ,t!rog~tbtr with all and singular the buildings improvements, ways, streets, alleys, driveways, passages, waterS', waterr-courses, rights, liberties, privileges, hereditaments and appurtenanc~s. what,soever unto the hereby granted premises belonging, or in an)" wise appertaining, and the reversions and remainders, rents,' issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of the said Grantor' as well at law as in equity, of, in, and to the same. t!J;o babt anb to bolb the said lot or piece of ground above described with the buildings and improvements thereon erected hereditaments and premises hereby granted, or mentioned, and intended so to be, with the appurtenances, unto the said GrantelS , thei r hei rs and assigns, to and for the only proper us.e and behoof of the said Grantee s, thei r hei rs and assigns forever. / ~j "I ,:1 :1 ~nb the said Grantor ,for itself. its successors and assigns do e6 by these presents, covenant, grant and agree, to and with the said Grantee S. their heirs andassigns,that it the said Grantor ,its successors and assigr all and singular the hereditaments and premises herein above described and granted, or mentioned and intended so to be, with the appurtenances, unto the said Grantees, thei r hei rs and assigns, against it, the said Grantor ,i ts successors and assi gnsnd against all and every person or persons whomsoever lawfully claiming or to claim the same or any part thereof, by, from or under him. her or any of them shall and will speci all y W A)iRANT and forever DEFEND. 3ln .itne~~ Bbettof. The said Grantor has caused these presents to be duly executed the day and year first herein above written. a;taleb anb J)dibettb IN THE PRESENCE OF US: \3:j~c,: David R. QUa~dent. COMMONWEALTH OF PENNSYLVANIA ~, . , COUNTY OF ValA./:!W7 David R. Quatmann known to me (or satisfactorily proven) to be the person the within instrument, and acknowledged that he contained. .-' ~ ~ . (IND.) 0. (CORP.) .~ I "~ ""'"1 I I I On this, the ,zS--II7day of 'Septelnber 19 9,6 before me, the undersigned officer, personally appeared , whose name suhscribed to executed the same for the purposes therein who acknowledged himself to be the President of Wyncrest. Inc. , a corporation, and that he as such Presi dent being authorized to do so, executed the fore gain instrume for the purpose therein contained by signing the name of the corporation by himsel as dent. 31n l8Iitness I8Ibettof. ... .NOTARY PUBLIC NOTARIAL SEAL lIN~A K. TRlVElY, Notary Publl Hamsb~lli, Dauphin County, PA My CommissIon Expires Dec.15, 1997 . fJa. / ~ ~ fJa ~ " iI " Ii - ,!., c " " - c ~ .. ~ "" " " " E - c ~ ~ c .. " ~ > " 0 ..c ..c .. - ... " 0 ..c ... - - .. ... ..c 0 " ..c ~ c ~ " 0 .. "" "" .. " ...c <- ~ )&14'- e ~lji~ 3Jnbenture .etwttn ,.....~ ..> Fee Simpl. Deed ~abe this 5th day of June 19 96 WYNCREST. INC.. a Penna. Corp.. of 4751 Lind1e Road. Suite 102. Harrisburg. Penna.. County of Dauphin. Commonwealth of Penna.. TO (hereinafter called the Grantor ), MICHAEL A. HOLTZER and ROBYN S. HOLTZER. husband and wife. of 6212 Stanford Court. Mechanicsburg. PA 17055. County of Cumberland. Commonwealth of Penna. (hereinafter called the Grante<s ), lYitnessetb That the said Grantor for and in consideration of the sum of One Hundred .Thi:rty Five Thou~and 'and 00/100 Dollars ----------------------------------($135,000.001 ____________ lawful money of the U"mted1ltates of America, unto it well and truly paid"Iiy the sard l7ra6teeS ,at or .~"before the'...aling and delivery hereof;the"flreeipl"Wheti!Of ii(liere1if'ircknowledged, has granted, bargained'and sold, released and confirmed, and by tbese presents does grant, bargain and sell, release and confirm unto the said Grantees, thei r hei rs and assigns, , I , i I I , ALL THAT CERTAIN lot or tract of land situate in Hampden Township, Cumberland County, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the Southern right of way line of Haymarket Way at the dividing line of Lot No. 1-E and Lot No. 1-F as shown on hereinafter mentioned Plan of Recording; thence by aforementioned right of way line South 56 degrees 30 minutes 56 seconds East 35.18 feet to a point on the Western line of Common Space 3; thence by aforementioned line South 27 degrees 41 minutes 50 seconds West 164.00 feet to a point on line of lands nlf of O'Donnell Pontiac, Inc.; thence by aforementioned line North 66 degrees 13 minutes 43 seconds West 35.08 feet to a point on the dividing line of Lot No. 1-E and Lot No. 1-F; thence by aforementioned dividing line and partially through the center of a partition wall North 27 degrees 41 minutes 50 seconds East 169.95 feet to a point being.the place of BEGINNING. BEING Lot No. 1-F as shown on a Plan of Recording of Hampden Court, Phase 4, recorded in plan Book. 68, page 56. CONTAINING 5,844.20 square feet and BEING No. 6195.,Haymarket Way. "..,.'...,.......,... ,~-,.;--- -,-~-","'~, _., '"'_-i'-"rw,,,"'"_--'" ,.,.~~"- '"" c: li: ::n ;b. OJ ,(1'\. 0 rn g .ft) ::n::n"" ~o~ IT! z;U"lll o . C')ON 0.....- com z m .... "'1T!r- -<0""' 1u>::G ." ~ I I I f! " " , II \i ,I !I I I' I ., ~ ,I ~ ~ j 1, I I I I " I II ; I I I BEING part of the same premises which Susan Q, Robart, now by marriage, Susan Q. Latham and Drew Latham, husbahd and wife, by their deed dated November 13, 1995 and recorded November 14, 1995 in Cumberland County Deed Book 131, page 199, granted and conveyed unto Wyncrest, Inc., a Penna, Corporation. ~ . <D en is .% .~. .. ',"1:" """',;.- ~.,....\.. .."-", .X.,,~ '.' ,~-' , ~ . .... I~ '~ eOQK 140 PAGE 814 . ~ . . . - ~ .~, ~,>,,, ,;;' ;-c" ,~~"-2 --.,"n;' ~"-,,,- '. ~ogttbtr with all and singular the bui 1 di ngs improvements, wa}'s, streets, alleys, driveways, p{ss-ages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises bHonging. or in any wise appertaining, and the reversions and remainders, rent'S, issues, and profits thereof; and all the estate, right, title, interest. property. claim and demand whatsoever of the said Grantor as well at law as in equity, of, in, and to the same. 1;0 babt anb to bolb the said lot or piece of ground above described with the buildings and improvements thereon erected hereditaments and premises hereby granted, or mentioned. and intended so to be. with the appurtenances. unto the said Grante'!; , the i r he i rs and assigns, to and for the only proper use and behoof of the said Grantee S . thei r hei rs and assigns forever. I~~':~~"_!#<'"""'" - ,',::;o~,,: , ,-,~'''''~~'~7r'7>~_" .~.' '" '!"'" "," .. ~~,""""_,,,_~.''''''''_"' , """,,"'.',""''' "'_....-"',.,"'. -," "'~',' _~ ,I!;. -,I .' J,.....-. , """ : ~ '" .~ e. ",_ ,..,' r ~ " ~nb the said Grantor ,for itse 1f, its successors and ass i gns do . by these presents. covenant. grant and agree, to and with the saidGrantees.their heirs and assigns. that it the said Grantor . its successors.andassigns all and singular the hereditaments and premises herein ahove d~scribed and granted. or mentione~. .~nd inten~.,.I so to be. with the. appurrenances.Wito.thesaidGrantee's.;.'.:thei r';hei rs .... . '.:::.; and assign.. against . the said Grantor. its.succe.ssorsand assiglJl!Dd against all and every-person ~""s whomsoever lawfully claiming or to claim the same or any part thereof. by. from or under him, her..t them or anyofthem shall and will specially WARRANT and forever DEFENlJ.. .31n IIIIIttnr.. IlMberrof. The said Grantor has caused these presents to be duly executed the day and year first herein above written. 6ralrb anll JBdtbmll IN THE PREsENCE OF US: WYNCREST, INC. ~~,,- aa K. Qua mann, Pres. BOOK 140 PAGE 815 L-:.-_?-.f . r . , ~,~. ~ _.:c ' "'.,:" .,- --, ;-'. .." ~-- - p-" ,~ ~~ - . -~ -'" -.' "-j COMMONWEALTH OF PENNSYLVANIA COUNTY OF, DAUPHIN On this, the 5th day of ' Jtme 1916, before me, the undersigned officer, personally appeared David R. Quatmann known to me (or satisfactorily proven) to be the person. whose name subscribed to the within instrument. and acknowledged that he executed the same for the purposes therein contained. . (IND.) or who acknowledged himoeIl to be the Pre s . of Wyn c re st. In c . , a corporation, and that he as such Pres i dent being authorized to do 80. executed the foregoing instrument for the purpose therein contained by signing the name of the corporation by himoeIl Pr' dent (CORP,) .in _flnt" _"neof. .---- '-':.: . :,.-J l;i ".~ ~"");,..._,. , " ",.i o ci~7i1 ~.;....~ . .. . . . . . . ., . . ... .. ~0.,.. . t>'.~,ta!~.t'~,~ . '~ .... 'lo1/11A.I'.:.... '" \ l- fI'~~"" 'T~'..O i. : ' .' ,f ,~\~.. : i . j, ....;" ~ .....=" ~ --,;:---.' ';- ~ ... ~ : .;;r ~. ~""~' r~"')': III ..... -"? ....!~II:. .... '" .,$ ....,.,qJ...........a...~'....." '. ~'u""" " n"'.. .....i......~...,...., ,i:~lJIA~m;_PUblic . . . Hanfsburg;Dauphln County, PA My Comm/SSloofJQ!ires Dec.15, 1997 . ~ ~ ~ ~ StIto of ~.nnsvlvani8 } County of Cumberland 58 j~'~rded in the office tor the recording or DeN. JJjf'1!!JIIlnd forJtmber,and County, Pa 8!2!!L 800k OVal. _ Pall8~ Wltn.iIJS mV hand and lI4!,1 of office or Carliele, PA this / / II.. davor <.J (/'1e 1A 7"6 VJ~ecrIi:~ ~ ill '" 51 - ~ ...J o .~~~0""'"'~,_:;'~~:;:.;;~~"<'c..~~.-"'._>~_"_~""'.?~_~~.-..~",,.-.. ...~i;~~1~1~~j;;;.. ~~~$~m~m . f .... ~R-R-:!~ s;j ~ &" _."'::0 I , * ~ g. "Cl " ~ ~iis~ '!l. - " " E - * .... " .... .. .. i!i;g ... " ,~ <: .....zc:UJ I '" ~~~!i!~ ~m co l;'Q.. .. , - ~ ~ ij ... :!;.8" " : e -O!:!JfT1 - .... .... ... ~'" 0~ . c..I .... co _. .. . .... Ii "fI 1:< . .... " . - "" ....~ ... : 1:; ... - "'" --. ..,.,... ! - lR l::;5iI ... '... - " , '..8 --. ! ~Ht ~ ~. - i ....... :<5 ..... a --- Ii' "Cl .......' . .....J............ - "Cl ~~. ........ - ..~. -.J~'"'O'O"w - ~ r;;; R;c:;t<:;1li9 - .. - ." 816 " .ggggggi:!:i:!: ... 140 PAGE ... .. . MOK l:B ... .:i !2 (p ~ (l2h~~ Fee Simple Dee.1 ~bi5 3Jnbenture JBettueert .ff!abe Ihis 1.3.-ftJ--day oC September 1'96 WYNt:REST INC., a Penna. corporation AND BRIAN J. MOTTER (hereinafter called the Grantor ), (hereinafter called the Granlee ), Witnessetb ThaI the said G"nlo, Co, and io considc,",ion oC ,h. sum oC ONE HUNDRED TWENTY-TWO THOUSAND NINE HUNDRED AND 00/100----------($122,900.00)------------------------------ lawful mOlley of the United Slales of America, unto it well and truly paid by the said Gnlltee , at or hefore lIll'. scaling llnd deliver}. hereof. the reecil)t whereof is herehy acknowledged, has granted, bargained and 6old, released and confirmed, and by these presents does grant, hargain and sell, release and confirm IInlo lhe l3uili Granlee, his heirs and assigns. "ALL THAT CERTAIN lol or tract of land situate in Hampden Township, Cumberland Courlty. Commonwealth of PennsylvBllia, more parlicularly bounded and described as follows, to wit: ~ o BEGINNING at a point on the Southern righl of way line of Uaymarket Way at the d-ividing line Df Lot ND. 1-0 and LDt No. l-E as shDwn Dn hereinafter mentioned Plan of Recording; thence by aforementioned right of way line South 56 degrees 30 minutes 56 seconds East 20.10 feet 10 a point on the dividing line of Lot No. l-E and Lot No. I-F; thence by aforementioned dividing line and partially through the center of a _Dartition w~11 South 27 degrees 41 minutes 50 secotlds West 169.95 [eel to a point on-line of lands nlf of O'Donnell Pontiac, Inc.; thence by aforementioned line North 66 degrees 13 minutes 43 seconds West 20.05 feet to a point on the dividing line of Ldt No. 1-0 and Lot No. l-E; tllence by aforementioned dividing line and partially through the cell!er of a partition wall North 27 degrees 41 minutes 50 seconds East 173.35 feet to a palOI' Del11g the Place of BEGINNIN~. BEING Lot No. l-E as shown on a Plan of Recording of Ilampden Callrt, Phase 4, recordell in Plan Book 68, page 56. CONTAINING 3.433.03 square fect and BEING No. 6197 Haymarket Way. TOGETHER WITH the right to use and 18 foot wide right of way for purpose of ingress, egress, and regress from Haymarket Way as more particularly seL forth in Plall Book 68. page 56, in common with other lot owners on said Plan. BEINO [,he same premises which Susan Q. I10bart by Deed dated NovmeheT 13, 1996 <Iud recorded In Cumberland County, In Deed Book 131 puge 199 conveyed unto Wyncrest Inc., a Penna-. corporat Ion. UUUI. i.Jb I'ACt i4J . """""''if i t!r:ogetlJer ~ with all and singular the buildings improvements, wa~.s. streets, alleys. drivewAYs, j1l1Ssagt's, willers, wllh.'r.('(}UrScfl, righlll,lih('rlies. privilegt's. hereditamellts and appurh:nanccs, whatsucvcr 111110 tllt~ hen'by granted premises belonging, or in an~' ".ille appertaining. and the reversions anel f('mainders, rents, issues. and profils t1H'l"rof; and 1111111(' ('5Iall', righl. litle, illlett'sl, properly. claim and demand whatsoever of the suill Grantor os well at law at; iu equity. of. in, and to the same. m:o l)alJe anl) to boll) ,he saiJ lot or piece oC grounJ above JcscribeJ with the buildings and improvements thereon erected hereditaments and premises hereby granted, or mentioned, and intended so to be. with the appurtenances, unto the said Grantee hi 5 hei rs and assigns. 10 and for the only proper use and behooC oC the said Grantee his heirs and assigns forever. t.? ~? '" r3 ... ", ~ " .~ l-I_I .,- .~ r-o:! ,~':l ~ ~ ~ ~ ~ ~ .... 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I_:::a w tJ I:'" .- ~Ilb the said Grantor ,{or itself, its successors and assigns does, by thesc presents, covenant, grant and agree, to and with the said Granlee hi 5 hei rs and assigns, that it the said Grantor . its successors and assigns nil lIlI.! f'inglllnr dll~ h(~n'c1itllllH'ntl'\ RIllI premitics herein "hove descrihed anti granted, or mentioned and inte~Hled till to he, with the appurtenances, unto Lhe said Grautee . hi 5 hei rS and assigns, against it, the said Grantor ,i ts successors and assign!lld against. all and every person or persons wholllsocver lawfully claiming or to claim the same or any part thereof,oy, from or under himt. her or any of them shall and will specially WARRANT and forever DEFEND. lln BUntS'S: mIJIbettor. The said Grantor has caused these present8 to be duly executed the day and year first herein above written. 8!>tnltb nub J!ltIlbtrtb /~ Secretary res. BOOK 1.46 PAGE i 44 '''':;-1;,' (IND.) On lhi., theD]!l day nr ~ep-t- 1996, before me, the undenigned officer, penona\\y appeared David R. Quatmann known to me (or satisfactorily proven) to be the person. whose name subscrihed to the within instrument, and acknowledged that he executed the same (or the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA COUNTY OF 'DCll"j/nrn o. (CORP.) lIn ~ilneBB Mlbmaf, who acknowledged himselt to be the ---~.....- ...-.........- N01AilIAL SEAL LINDA K H11VELY, Nolilry Public Hanisburq, DaUphin Counly, PA My Commlssloo Expires Dee.IS, 1997 <{ "- "" ",<n' ...... l.l.J ~ ~ . c; l.l., :Z .-. . ~ l1.1 a:::) .-. . -. u... 0 E: f'oJ 0 (.) 0:: n: n:: :2 ~ f LJJ ""'""- en I':: C <:[ .-. w rc::...J ~ UJ 0 ~ "- 0'-' '-'-' n: LIJ ~ CI) tr; J.. CD ~ ::.) ~.:- 0') [JOOX 140 PAGE 145 e; ~ ~ W N ill e- ~ i~ ~. '\j '. , '. M I" ,. = ~' 'f. . " '-" ) .. -{J. '. t':J . E ~ - V . "'. \: . :; = ~ l' " : .,.J '~ " > \. ~. ~ . <;:;:-0 .1 ",-. ..0 . ~ \~ .~ . .;; ~ :;; \.:. ~ :t -~ ... . . " ..0"'( ~ I'~ c. \ . IJ' IJ o , " .. '-~ ~ .. . -..';I. . ... . fo< .'., of Ponnsylvania J . '''''y of Cumberland SS -"dedi lh . 11.;n,mnd ~ ~ office forth. recording of Deeds i.,J;.tau.I3::3{lb umberlam! CountY,l~ \>;'.,.,.. vor._Page~ :..r~'.1) my hand and seal of offi eo r....dl".',_ PAthls I~ d 'i.~_qf (V ay of::li:U._ 19.:t.!2. ~~ a..a.d~ . . . :r-'7~ ,J;27oG- Fa. /I1(}flJ.'!- ,...,t:t;1 ~OBEnT P. ZIEGLER REG0nDER Of DEEDS CUM BE RLAHD COUNTY - PA '9'1 JUI. 22 Af'I 8 !fO DECLARATION OF PROTECTIVE COVENANTS. RESERVATIONS AND RESTRICTIONS OF HAMPDEN COURT - PHASE 4 KNOW ALL MEN BY THESE PRESENTS, that William Chanoff, an adult individual, of Philadelphia, Pennsylvania (hereinafter "Declarant") is the owner of certain premises known as Hampden Court - Phase 4, consisting of 9.8383 acres and situate in Hampden Township, Cumberland County, Pennsylvania. Declarant does hereby establish the following covenants, reservations and restrictions with respect to such lands, which are also shown on the Plan of Hampden Court - Phase 4 (hereinafter the "Plan") which has been filed of record by Declarant in the Office of the Recorder "f Deeds of Cumberland County on July 20, 1994 in Plan Book 68, Page 56. - - Except as hereinafter provided, saiq covenants, -reBervation~ and restrictions are intended to and shall apply to all of the real estate comprising the Plan and shall run with the land and be binding on the owners thereof and their grantees and successors in title. A. GENERAL PURPOSES OF CONDITIONS AND DEcLARAnONS -~ The Plan and the lots comprising the Plan are subjected to the protective covenants, reservations and restrictions hereby declared in order to ensure the best use and most appropriate development and improvement thereof; to protect the owners of building sites BOOK 478 PAGE 500 EXHIBIT "B" ,,'- ,., h ',- -~, e "~ ~ against improper use of surrounding building sites; to preserve, so far as practical, the natural beauty of said property; to secure and maintain proper setbacks from 'streets; to assure proper continued rnc\intenance of public improvements and adequate free spaces betw."'n structures; and to comply with the stated purposes and requirements of the Pennsylvania Municipalities Planning Code and the Municipal Ordinances of the Township of Hampden. B. DECLARATIONS These p~otective covenants, reservations and restrictions are intended to and shall run with the land and shall be binding on all parties and all persons claiming title under Declarant. If the owner or owners of a lot located within the Plan, or the heirs, successors or assigns of such owner, shall violate or attempt to violate any of the protective covenants, reservations and restrictions herein set forth, it shall be lawful for Declarant or for the owner of any other lot or lots of the Plan to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any of these protective covenants, reservations and restrictions for the purposes of preventing the violation or to recover damages for such violation. C. ~9.TECTIVE COVENANTS. RESERVATIONS AND RESTRICTIONS 1. The types of structures to be erected upon the lots shown on the Plan, being Lot Nos. 102 limited to one (1) single-family through 110 inclusive, shall be - dwelling house with one private 2 nUOK 478 "ACE 501. ". - . ~ garage pel; lot. , Carports, whether attached, freestanding or of any ether type of description, shall not be erected or maintained on any lot. Townhomes shall be erected upon lots shown on the Plan, being Lot Nos. l-A through l-F inclusive, and Lot Nos. 2 through 21 inclusive. All lots referenced herein shall hereinafter be referred to as "Lots", 2. The following covenants, reservations and restrictions shall apply to all of the Lots in the Plan: a. All Lots in the plan shall be known and described as residential Lots. No Lot or structure thereon shall be used for business, commercial or- manufacturing purposes~ No building having an exterior finish other than brick, stone, wood, stucco or aluminum or vinyl siding shall be constructed on any Lot unless the Building Committee hereinafter provided for shall have approved another material. In no event shall exterior finishes of concrete, block or asphalt material (except for roofs) or any kind be used. Subject to approval of the Building Committee, exterior finishes of brick or stone veneer may be used, b. .No building shall be erected, placed or altered on any Lot in the Plan until the building plans, specifications (including exterior color schemes) and site plan or survey showing the location of such building have been approved in writing as to conformity and harmony of external design with existing structures located on other Lots of the Pian, and as 3 noOK 478 rAGE 502 .. -- ~.iill ,-. , H, to location of tha building with raspect to topography and finished ground elevation, by the Building Committee or by a representative designated by a majority of the members of said Committee. In the event the Committee or its designated . representative fails to approve ~r disapprove such design and location within thirty (30) days after the Plan and specifications have been ~ubmitted to it, such approval shall be de..med to have been given. Neither the members of the Committee nor its designated representative shall be entitled to any compensation for any services performed pursuant to this covenant. c. No animals or poultry of any kind other than house pets shall be kept or maintained on any part of any Lot. Dogs and c6ts may not be kept, bred or maintained for any commercial use or purposes. d. No activity shall be carried on upon any Lot nor shall anything be done thereon which may be or may become a nuisance to the neighborhood. e. No trailer, basement, tent, shack, shed, garage, barn or other outbuildings placed or erected on a Lot shall, at any time, be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted or maintained. 4 BOOK 478 rACE 503 :- f. No signs t other than a "for sale" 'or "for lease" sign having an area of less than three (3) square feet, shall be erected on any building or Lot. g. The exterior of no dwelling, garage or structure shall be remodeled or changed or the exterior' appearance altered until complete plans, sketches and designs of such changes are submitted to the Building Committee flnd approved by it in the manner provided in Paragraph 2(b) hereof. h. No fences extending more than three and one-half (3-1/2) feet in height shall be erected or maintained in any location on any lot, and only then after the Bnilding Committee has approved the design, location and type of fence, and no fe.nee, or portion thereof, of any si2e, type or description shall be erected or maintained in front of the rear line of the main dwelling located on the Lot, except that trees, hedges and shrubs may be planted on any Lot. i. The location, style and design of mailboxes shall be determined by the Building Committee and ary mailbox erected must have the Building Committee's approval. j. If a separate private garage permitted hereunder is erected or maintained, it shall not accommodate more than three (3) cars and shall not be used for residential purposes. No garage building not attached to the main dwelling mav be located in front of the rear" line of the main dwelling. A~ 5 BOOK 478 pm .')01 - ~ ~~ such building shall be of a design and material harmonious with the main residence. 1.:. No television or radio aerials, antennae or satellite "dishes" or similar equipment shall be 'installed on any Lot or on the exterior of any part of any dwelling, garage or other building. 1. No trailers, buses, trucks, boats, campers or junk motor vehicles may be parked or maintained on or in front of any Lot unless stored entirely within a garage. A junk motor vehicle shall mean any motor vehicle that does not have a current Pennsylvania inspection sticker and is in such condition that a Pennsylvania inspection sticker cannot be obtained for said vehicle. reo The Building Committee shall consist of tha Board of Directors of Hampden Court Joint Ventura, Inc. Upon the death or resignation of any member of the Building Committee, the surviving members may appoint any person owning a Lot or an int..rest therein in the Plan with the approval and consent of Hampden Court Joint Venture, Inc. to fill the vacancy. n. The Building Committee shall have the right, power and authority, from time to time hereafter, to alter, change or modify any of the foregoing protective covenants, reservations and restrictions in any manner deemed by them to be consistent with the "General purposes of Conditions and Declarations" hereinbefore set forth by a writing duly 6 BOOK 478 P^GE 505 ". ~ ~.~. executed and acknowledged by said Committee, as it shall at the time be constituted, and recorded in the public records of Cumberland County, Pennsylvania; provided that any such alterations, changes or modifications shall not increase the restrictions and limitations upon the use, development and improvement of the land shown on the Plan and theretofore sold and conveyed by Declarant. The Building Committee shall have no such right, power and authority to alter, change or amend the Protective Covenants, Reservations and Restrictions stated hereinafter and numbered 2 (0) through 2 (r) inclusive, and 3, 4., 5, 6, 7 and 8. o. No surplus earth, ground or fill shall be removed from any Lot. without the consent of Declarant, or its nominee, at whose direction such surplus earth, ground or fill shall be delivered at the expense of the Lot owner t.o another location within the Plan. p. No trees may be planted by any Lot owner within ten (10) feet of the line of any street without consent of the Building Committee, said area being reserved for street planting, and the Building Committee shall also have the right to plant trees up to five (5) feet inside any Lot line which is the line of a street.. q. The owners of each construction of any building Lot shall, at the thereon, construct time of a hard- 7 BOOK 478 rAGE 50 fj -i surfaced driveway from the surfaced cartway of the street to any garage on the Lot. r. Electric service will be supplied to the Lots shown on th~ Plan only from tha underground system now constructed or to be constructed by the Pennsylvania Power and Light Company. The trenching and construction of property under~round service lines and connections to a residence const':'Jcted on any Lot from the point of connection to the utility's distribution system shall be the responsibility of the Lot owner and not Declarant; 3. No building exceeding thirty-five (35) feet in height shall be erected on any Lot. I \ I I I I I I I I 4. As to Lot Nos. 102 through 110 inclusive, no building or part thereof, including porches, shall be located nearer to any front or side street right-of-way line, nearer to any side Lot line or nearer to any rear Lot line other than as reflected on the Plan. 5. The area depicted on the Plan and labeled Lot 101 shall not be used for residential purposes or for the construction of residential buildings and is reserved for park and playground uses only, for the construction, erection and installation of improvements properly related to such uses and/or for use as a storm water detention basin. 6. No Lot contained within the Plan shall be further subdivided or divided into any number of smaller parcels in any manner or b~ eny method. 8 BOOK it 78 PACE ,507 _I , -~- j," ~~ 7. The ownership of any residential Lot included in the Plan shall entitle the fee title owner to one (1) membership in the Hampden Court Community Corporation, a Pennsylvania nonprofit corporation, or its successors or assigns. In the event legal title to any such Lot is jointly owned by more than one person or entity, each such person or entity shall be entitled to vote a fractional vote in proportion to the interest which each such person holds in legal title to the Lot. 8. Each Lot and the owner of each Lot shall be subject to certain periodic assessments and charges and to certain provisions concerning the payment, collection, lienable nature and enforcement thereof as provided in a certain Deed of Trust between Hamoden Court 30; nt Venture, Inc., William Chanoff and Hampden Conrt- Community cnrooration, dated October 28, 1986 and recorded in the Office of the Recorder of Deeds of Cumberland Countv In ~eed Book I, Volume 32 at Page 593, the maintenance, improvement and other purposes with respect to the park/playground tract hereinbefnra ~~RtisR9g a~n '^~a~Qn wit-hin the Plan, and with respect to additional park/plavQround tracts intended to be_ conveverl in Th,:lo .fni-n.-a Tn Hampden Court Community corooratinn D. SEVERABILITY Invalidation of anyone of these covenants, reservations or restrictions by judgment or order of court shall in no manner 9 BOOK 478 rAGE ,'jO 8 e ." . . . " "' <' affect any other provisions of this Declaration, which shall remain in full force and effect. E. SPOUSAL JOINDER Golda Chanoff joins in the within Declaration in her capacity as spouse of Declarant and for no other purpose. IN WITNESS WHEREOF, Declarant has caused the execution of this document this ~ day of .J.Jj , 1994. WITNESS: Ji.t-.IL- tJr.. Ji,K ~~~ GorfH~~J!j~4- COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ lAW, ~l- 55. On this, the ~ day of Yl<...'4 , 1994, before me, a notary public, the undersigned officer, personally appeared William Chanoff and Golda Chanoff, known to me (or satisfactorily proven) to be the persons whose nameS are subscribed to the within instrument and acknowledged that they executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. Notary Public My commission expires: dtL NOTAIlIAL SEAl. HELENE M. HALL. Notary Public Cily 01 PhUadelphla. Phlla. County My COf:\mi-s&ion EXDires Jan. 8. 1996 10 BOOK 1178 rACE 509 . ~.. _..."'l!.....'e...,...""'."'-' .:]!'.;< ~' :~..i:..-~. ! C/, () ( I I I I I ! ! , ! (i ,( I ( I ('.~C~ ,") I ,-( / . "! ~~-- "M'""",_, "~; '~"-':'. ,~" 1. "\.~L"'':~' " .:~IA.-\-' ",t '. ~;)11 ;:-- ..:,.' ...~'r'., , ~.. ~.... \1f~,~''''''\ . rr .f ~ 1 ( ;' \') i .' I .."-~i-'1 i 'f\( ! !, / 1<,1 f ! / I c~ I' q9 I ~~, ~ / EXHIErT "e", TiD", "E" & "F" .::rir~: '" . -" "...'", . I ~H :: ~E"'" ."'~ 1. ~."~f. .:'.....I.iL..' ..' .c=.~...... I . /~'~,.,,:.,;:'''.~.;:,:.;:':':'I.:;''.,,-'. -,.;;,; l' \ ! / ( j::] I '.." t~"." I I..l-L./ ) i / r . ,,:- ,~. -~,- f~ If'4... " .r . ~'-;.. ',. f~ ,"." fC(('f9'9 ; J I ( ,q~D--'~ .~ I' I !:;.t~ '!. '. . ~ ' "r .' .,. .1':.' . .:.:-11 tJiili/ifi~\., -" ~~,U'~ _, "~~,, _ .i-~-;~,.'"""'-1"...'.'.'. , 1 ; (c ~.) i (. I" I ....~, I ~../ /?7 r:.......:.. .' ~,... ""..- " '...,.'.' ;:,,: r; , i':~, ,;;. , / I ! I I; ! ('e'i" { I , ,., ,/,_~5 / i ! 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STANLEY BRITT and JOSEPHINE ) BRITT, Husband and Wife, PAULA lAWRENCE, GLORIA TONKIN, ) RITA HARVEY, MICHAEL HOLTZER and ROBYN HOLTZER, Husband and ) Wife, Plaintiffs ) VS. ) BRIAN J. MOTTER and ) HUGH JONES, Defendants ) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1580 EQUITY TERM Civil Action in Equity and law NOTICE TO PLEAD To: Stanley Britt & Josephine Britt Paula Lawrence Gloria Tonkin Rita Harvey Michael & Robyn Holtzer CIO Anthony J. Foschi, Esquire SHUMAKER WILLIAMS, P.C. P.O. Box 88 Harrisburg, P A 171 08 (717) 763-1121) Counsel for Plaintiffs You are hereby notified to plead to the enclosed Answer And New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Dated: May 3, 2000 BA1LtTURm ~ By: n Il Madelaine N. Baturin, Esquire Attorney ill No. 68971 Attorney for Defendant Brian J. Motter 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 ~-~-~ '-" STANLEY BRITT and JOSEPHINE ) BRITT, Husband and Wife, PAULA LAWRENCE, GLORIA TONKIN, ) RITA HARVEY, MICHAEL HOLTZER and ROBYN HOLTZER, Husband and ) Wife, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-1580 EQUITY TERM Plaintiffs ) ) ) ) Civil Action in Equity and Law VS. BRIAN J. MOTTER and HUGH JONES, Defendants DEFENDANT BRIAN J. MOTTER'S ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, Comes the Defendant, Brian J. Motter, by and through his attorneys, the Law offices of Baturin & Baturin, and respectfully avers as follows: 1. Admitted. 2. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 3. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 4. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 5. Admitted. 6. Admitted. 1 "~ ''i ...." 7. Admitted in part. It is admitted that the Defendant Hugh Jones has an address at the property located at 6197 Haymarket Way, Mechanicsburg, PA, 17055. By way of further answer, Defendant Jones is Defendant Motter's tenant. 8. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 9. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 10. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 11. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 12. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 13. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 14. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 15. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 16. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 2 " ".~ 17. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 18. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 19. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 20. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 21. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 22. Denied. It is denied that the Defendant, as legal title owner of a Lot in Hampden Court, Phase 4, has allowed Defendant Jones to prevent the free use of the 18 foot easement as recited in Plaintiffs' deeds and to violate the Declaration which runs with the land. 23. Denied. It is denied that the action of Defendant Jones should be imputed to Defendant Motter as the legal title owner of a Lot in Phase 4, Hampden Court. WHEREFORE, the Defendant, Defendant BRIAN J. MOTTER, respectfully, requests your Honorable Court to dismiss the Plaintiffs Complaint with prejudice, award Defendant attorney fees and costs, and order whatever the Court deems just and equitable. 3 ... ." DEFENDANT MOTTER'S NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, BRIAN J. MOTTER, and files this New Matter, and avers as follows: 24. Paragraphs 1 thru 23 are incorporated herein as though textually set forth. 25. The Plaintiffs have never contacted the Defendant by verbal or written communication to inform him of any of the alleged violations prior to their filing the Complaint. 26. Hamden Court Civic Association has never notified the Defendant by verbal or written communication to inform him of any of the alleged violations prior to the Plaintiffs filing their Complaint. WHEREFORE, the Defendant, BRIAN J. MOTTER, herein respectfully requests that your Honorable Court dismiss the Plaintiffs Complaint with Prejudice, order the Plaintiffs to pay attorney's fees and costs, and order whatever else the Court deems just and reasonable. Respectfully, Date: May 3, 2000 ~~:~U"/ /L/j MADELAINE N. BATURIN, ESQUIRE Attorney I.D. # 68971 717 N. Second Street Harrisburg, PA 17102 (717) 234-2427 Attorney for Defendant, Brian J. Motter 4 ~- .~ -" ^ " ." STANLEY BRITT and JOSEPHINE ) IN THE COURT OF COMMON PLEAS BRITT, Husband and Wife, PAULA CUMBERLAND COUNTY, LAWRENCE, GLORIA TONKIN, ) PENNSYLVANIA RITA HARVEY, MICHAEL HOLTZER and ROBYN HOLTZER, Husband and ) NO. 00-1580 EQUITY TERM Wife, Plaintiffs ) VS. ) Civil Action in Equity and Law BRIAN J. MOTTER and ) HUGH JONES, Defendants ) CERTIFICATE OF SERVICE I, Madelaine N. Baturin, Esquire, of the law firm ofBaturin & Baturin, hereby certify that this date, May 3,2000, I have served a true and correct copy of the within Answer And New Matter by depositing same, at the United States Post Office, Harrisburg, Pennsylvania, first class mail, postage prepaid, to the following: Anthony J. Foschi, Esqnire SHUMAKER WILLIAMS, P.e. P.O. Box 88 Harrisburg, P A 17108 (717)763-1121) Counsel for Plaintiffs Respectfully, Date: May 3, 2000 ::~URIN & BATUfY vr M~N. BATURIN, ESQUIRE Attorney I.D. # 68971 717 N. Second Street Harrisburg, PA 17102 (717) 234-2427 Attorney for Defendant, Brian J. Motter '" '- SHERIFF'S RETURN - OUT OF COUNTY C~SE NO: 2000-01580 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRITT STANLEY ET AL VS MOTTER BRIAN J ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: MOTTER BRIAN J but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - EQUITY 29th , 2000 , this office was in receipt of the On March attached return from DAUPHIN Sheriff's Costs: Docketing Out of County Surcharge Dep. Dauphin Co 18.00 9.00 10.00 25.50 .00 62.50 03/17/2000 SHUMAKER WILLIAMS ~~~~... ~~ _~ _T- __~ R. Thomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this 10 e day of ~ :lrnnJ A.D. n. 'jYl.o.- Q YlAA#,....> A (h1li ~ prothonotarf -r,. " ... SHERIFF'S RETURN - REGULAR CASE NO: 2000-01580 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BRITT STANLEY ET AL VS MOTTER BRIAN J ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon JONES HUGH the DEFENDANT , at 0019:40 HOURS, on the 17th day of March , 2000 at 6197 HAYMARKET WAY MECHANICSBURG, PA 17055 by handing to AUDRA JONES (WIFE) a true and attested copy of COMPLAINT - EQUITY together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 6.20 .00 10.00 .00 22.20 So .A. n.swe.rs:. ~~.'l p/'J/ _~ -, . t"JH.;r~ .. R. Thomas Kline 03/29/2000 SHUMAKER WILLIAMS Sworn and Subscribed to before By: me this 1& ~ day of ~ .~ A.D. . ~Q~ -. P othonotary .~ I,'. . before me this 23RD ~Of MARCH, 2000 ",5ti;Oh.n '1 J C!-. (+) a}J~4) I e., @ffh:e of t4~ ~4~riff Mary Jane Snyder Real Estate Deputy Michael W. Rinehart Assistant Chief])eputy Ralph G. McAllister Chief])eputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 171 0 1 ph: (717) 255-2660 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania BRITT STANLEY vs County of Dauphin MOTTER BRIAN J Sheriff's Return No. 0645-T - -2000 OTHER COUNTY NO. 2000-1580 AND NOW: March 22, 2000 at 11:46AM served the within NOTICE & COMPLAINT IN CIVIL ACTION upon MOTTER BRIAN J by personally handing to DEFT 1 true attested copy(ies) of the original NOTICE & COMPLAINT IN CIVIL ACTION and making known to him/her the contents thereof at 1541 HAVEN CROFT ROAD HBG, PA 17110-0000 Sworn and subscribed to So Answers, JR~ PROTHONOTARY Sheriff's Costs: $25.50 PD 03/21/2000 RCPT NO 134846 DC ~. . ' .. In The Court of Common.Pleas of Cumberland County, Pennsylvania Stanley Brit-lo, e~iS. al. Brian J. Motter, et. al. Serve: Brian J. Motter No. 20-1580 Civil Now, 3/17/00 , 200 t) , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Dauphin Cmmty to exe.cute this Writ, this deputation being made at the request and risk of the Plaintiff. . r~~~~l Sheriff of Cumberland County, P A Affidavit of Service Now, ,20 , at o'clock M. served the within . upon at by handing to a copy ofthe original and made lmown to the contents thereof. So answers, Sheriff of County, PA Sworn and subscribed before me this _ day of , 20 COSTS SERVICE , MILEAGE AFFIDAVIT $ $ ~I-'.-;ci ;__:' ";~fiLl1i"lj"_':I;J ". iF&iHlhri"'~""Y-"~'''-! ""~'-'~.~' ~'" .,t \';-"IiJ' \,,'. ,-,"_I"' ~'w "I ".__.,~ ~--'__.w.__ --"., 'n' ,~ ,~, \_.'= __;;. '""-,,,.- _~"~ 'r ,.-' ~J ",_.~__ ~ . ,_"n ~ ''''I~"~ ,,~ .~, ~--'-- I)' .i< 'I"), '"' ,/:y!_,II;-,J COUNT '( ',1tKIH'c O'""'r /.1: _'H:i'i COiJNT~~' [I 'I\'-r"~j (, ,-I:', ;!-;;;ISB(jR,~ f:;, : : ,;;" ", ," ~_ J , t:; :""'-. -. n 'l~~J J \/' L:,: -i. " , , i II II Ii Ii II 1:1 I, I, Ii I' i; II II II I II i: i:~ i Il j . , ... ...~"'l"-'~'="~~ , __ ~ c .,~",~""~}'l!lII'l%!~1!\'!",r;'-i'-"""""'f~.Ii~'0'lFW/i'i1f"'ll!ll!'~~~IiI!ffl~Ill!!lmllll~~~~i = . ~~"-~~ __L .. 0." < STANLEY BRITT and JOSEPHINE ) IN THE COURT OF COMMON PLEAS BRITT, Husband and Wife, PAULA CUMBERLAND COUNTY, LAWRENCE, GLORIA TONKIN, ) PENNSYLVANIA RITA HARVEY, MICHAEL HOLTZER and ROBYN HOLTZER, Husband and ) NO. 00-1580 EQUITY TERM Wife, Plaintiffs ) VS. ) Civil Action in Equity and Law BRIAN J. MOTTER and ) HUGH JONES, Defendants ) NOTICE TO PLEAD To: Stanley Britt & Josephine Britt Paula Lawrence Gloria Tonkin Rita Harvey Michael & Robyn Holtzer CIO Anthony J. Foschi, Esquire SHUMAKER WILLIAMS, P.C. P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121) Counsel for Plaintiffs You are hereby notified to plead to the enclosed Answer And New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Date: May 3, 2000 BATU,fIN & BtTU~ . ~ By: 'I/LJ\ f / ~ A/" "- MADELAINE N. BATURIN, ESQUIRE Attorney I.D. # 68971 717 N. Second Street Harrisburg, PA 17102 (717) 234-2427 Attorney for Defendant,Hugh Jones - ~ c ",-- "-~ , ." STANLEY BRITT and JOSEPHINE ) IN THE COURT OF COMMON PLEAS BRITT, Husband and Wife, PAULA CUMBERLAND COUNTY, LAWRENCE, GLORIA TONKIN, ) PENNSYLVANIA RITA HARVEY, MICHAEL HOLTZER and ROBYN HOLTZER, Husband and ) NO. 00-1580 EQUITY TERM Wife, Plaintiffs ) VS. ) Civil Action in Equity and Law BRIAN J. MOTTER and ) HUGH JONES, Defendants ) DEFENDANT JONES' ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, this 3rd day of May, 2000, Comes the Defendant, HUGH JONES, by and through his attorneys, the Law Offices of Baturin & Baturin, and respectfully avers as follows: 1. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 2. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 3. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 4. Neither Admitted nor Denied. After reasonable investigation Defendant 1 ,~ does not have information to answer this averment. 5. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 6. Admitted. 7. Denied. However, by way of further Answer, the Defendant is a tenant and resides at 6197 Haymarket Way, Mechanicsburg, Pennsylvania. 8. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 9. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 10. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 11. Neither Admitted nor Denied. After reasonable investigation Defendant does not have information to answer this averment. 12. Denied. It is denied that the Defendant Jones is in the business of: A) Selling and/or reconditioning used vehicles to third parties; and B) Transporting said vehicles for sale at a used car dealership and/or Auctions. 13. Denied. It is denied that the Defendant on numerous occasions has parked and continues to park motor vehicles in such a manner as to prevent the Plaintiffs the free use of said 18 foot easement for ingress, egress and regress from 2 .~ . ' Haymarket Way contained in the deeds attached as Exhibit "A". 14. Denied. It is denied that on November 13,1999, Defendant parked three motor vehicles and a trailer on the easement which prevented the Plaintiffs from the free use of said 18 foot easement for ingress, egress and regress from Haymarket Way. 15. Denied. It is denied that the vehicle mentioned in averment 15 did what was alleged in averment 14. 16. Denied. It is denied that on November 13,1999, the Defendant parked the two motor vehicles (licenses indicated) on the easement which prevented the Plaintiffs from the free use of said 18 foot easement for ingress, egress and regress from Haymarket Way. 17. Denied. It is denied that on December 17 & 18, 1999, the Defendant parked a motor vehicle (license indicated) which interfered with the easement and a trailer on a Lot encumbered by the Declaration which prevented the Plaintiffs from the free use of said 18 foot easement for ingress, egress and regress from Haymarket Way. 18. Denied. It is denied that On January 9 & 10,2000, the Defendant parked a trailer on a Lot encumbered by the Declaration. 19. Denied. It is dined that the Defendant on several occasions has met with third parties and sold vehicles on the Lot encumbered by the Declaration owned by Defendant Motter. 20. Denied. It is denied that the Defendant is using the lot owned by 3 -",.~",. ." Defendant Motter and encumbered by the Declaration for a business or commercial purpose. 21. Denied. It is denied that the Defendant is parking vehicles in the easement, parking a trailer on a Lot encumbered by the Declaration, conducting a business on a Lot encumbered by the Declaration which is a nuisance to the neighborhood, or prevents Plaintiffs the right to use the easement as recited in their deed, or is in violation of the Declaration. 22. Denied. It is denied that the Defendant Motter has allowed Defendant Jones to prevent the free use of the 18 foot easement as recited in Plaintiffs' deeds to violate the alleged Declaration. 23. Neither admitted nor denied. This is a legal conclusion to which the Defendant need not provide an answer. WHEREFORE, the Defendant, HUGH JONES, herein, respectfully requests that your Honorable Court dismiss the Plaintiffs Complaint with Prejudice, order the Plaintiffs to pay attorney's fees and costs, and order whatever else the Court deems just and reasonable. DEFENDANT JONES' ANSWER AND NEW MATTER TO PLAINTIFFS' COMPLAINT AND NOW, comes the Defendant, HUGH JONES, and files this New Matter, and 4 . . :. avers as follows: 24. Paragraphs 1 thru 23 are incorporated herein as though textually set forth. 25. The Plaintiffs, nor any agent acting on their behalf, have ever contacted the Defendant by verbal or written communication to inform him of any of the alleged violations prior to their filing the Complaint. WHEREFORE, the Defendant, HUGH JONES, herein, respectfully requests that your Honorable Court dismiss the Plaintiff's Complaint with Prejudice, order the Plaintiff's to pay attorney's fees and costs, and order whatever else the Court deems just and reasonable. Respectfully, l BAT~'N & BATU~J7. ../ By: M I( . MADELAINE N. BATURIN, ESQUIRE Attorney I.D. # 68971 717 N. Second Street Harrisburg, PA 17102 (717) 234-2427 Attorney for Defendant, Hugh Jones Date: 5/3/00 5 . . . STANLEY BRITT and JOSEPHINE ) IN THE COURT OF COMMON PLEAS BRITT, Husband and Wife, PAULA CUMBERLAND COUNTY, LAWRENCE, GLORIA TONKIN, ) PENNSYLVANIA RITA HARVEY, MICHAEL HOLTZER and ROBYN HOLTZER, Husband and ) NO. 00-1580 EQUITY TERM Wife, Plaintiffs ) VS. ) Civil Action in Equity and Law BRIAN J. MOTTER and ) HUGH JONES, Defendants ) CERTIFICATE OF SERVICE I, Madelaine N. Baturin, Esquire, of the law firm ofBaturin & Baturin, hereby certify that this date, May 3, 2000, I have served a true and correct copy of the within Answer And New Matter by depositing same, at the United States Post Office, Harrisburg, Pennsylvania, first class mail, postage prepaid, to the following: Anthony J. Foschi, Esquire SHUMAKER WILLIAMS, P.C. P.O. Box 88 Harrisburg, PA 17108 (717) 763-1121) Counsel for Plaintiffs Respectfully, Date: May 3, 2000 BATURIN & BAr;~ 71--- By1!LA /-/ J MADELAINE N. BATURIN, ESQUIRE Attorney I.D. # 68971 717 N. Second Street Harrisburg, PA 17102 (717) 234-2427 Attorney for Defendant, Hugh Jones ". C" =. '0" _^ '_''.. C,') '" .- '~__,' . ; - -, - ~"- ,--.( ""'0" STANLEY BRITT and JOSEPHINE BRITT, husband and wife, P AULA LAWRENCE, GLORIA TONKIN, RITA HARVEY, MICHAEL HOLTZER and ROBYN HOLTZER, husband and wife, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : No.: 00-1580 Equity Term Plaintiffs v. : Civil Action in Equity and Law BRIAN J. MOTTER and HUGH JONES, Defendants ANSWER TO NEW MATTER OF DEFENDANT MOTTER AND NOW, comes the Plaintiffs, by and through their attorneys, the Law Office of Shunlaker Williams, P.C., and respectfully answers the New Matter of Defendant Motter; 24. This is a paragraph of incorporation. Thus no responsive pleading is required. To the extent an answer is required the same is specifically denied. 25. Admitted in part and denied in part. It is admitted that Plaintiffs did not forward written communication to Defendant Motter regarding the alleged violations. It is specifically denied that Defendant Motter was not informed verbally of the violations by his tenant, Defendant Hugh Jones. By way of further clarification, Plaintiff, Stanley Britt, informed Defendant Motter of said violations verbally. 26. Neither admitted or denied. After reasonable investigation Plaintiffs do not have information to answer this averment. ~, -,-, " , _.'-<,-;..., ',,-or' '.,--" -b WHEREFORE, the Plaintiffs respectfully request that this Honorable Court enter an Order against Defendant Motter, dismissing his New Matter and preventing him from: A. Blocking the free use of the 18 foot wide right of way for the purpose of ingress, egress and regress from Haymarket Way. B. Parking trailers on any Lot in Hampden Court, Phase 4 which is not entirely enclosed in a garage. C. Operating a business on any Lot in Hampden Court, Phase 4. D. Having more than two (2) vehicles on the Lot known as 6197 Haymarket Way or any other Lot or area in Hampden Court, Phase 4. FURTHER, to enter an Order against Defendant Motter requiring him to pay attorney fees and costs for this action. ANSWER TO NEW MATTER OF DEFENDANT JONES AND NOW, comes the Plaintiffs, by and through their attorneys, the Law Office of Shumaker Williams, P.C., and respectfully answer the New Matter of Defendant Jones: 24. This is a paragraph of incorporation. Thus no responsive pleading is required. To the extent an answer is required the same is specifically denied. 25. Admitted in part and denied in part. It is admitted that Plaintiffs did not forward written communication to Defendant Jones regarding the alleged violations. It is specifically denied that Defendant Jones was not informed verbally of the violations. By way of further clarification, Plaintiff, Stanley Britt, informed Defendant Jones of said violations verbally. WHEREFORE, the Plaintiffs respectfully request that this Honorable Court enter an Order against Defendant Jones, dismissing his New Matter and preventing him from: A. Blocking the free use of the 18 foot wide right of way for the purpose of ingress, ~' - .,c _,:~&._ .'" ,-'<-~- -. -;: egress and regress from Haymarket Way. B. Parking trailers on any Lot in Hampden Court, Phase 4 which is not entirely enclosed in a garage. C. Operating a business on any Lot in Hampden Court, Phase 4. D. Having more than two (2) vehicles on the Lot known as 6197 Haymarket Way or any other Lot or area in Hampden Court, Phase 4. FURTHER, to enter an Order against Defendant Jones requiring him to pay attorney fees and costs for this action. Dated: 6~ /3- CO By: hony J. Foschi, I.D. #55895 SHUMAKER WILLIAMS, P.C. P. O. Box 88 Harrisburg, PA 17108 (717) 763-1121 Counsel for Plaintiffs VERIFICATION COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND I hereby verify that the statements of fact made in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. ~p , ~ Stanle Britt '; VERIFICATION COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND I hereby verify that the statements of fact made in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C.s. S 4904, relating to unsworn falsification to authorities. (/Jp. ~~ i?sep:J1e Britt :1l8724 ~~ " VERIFICATION COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND I hereby verify that the statements of fact made in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. I Ja rOJdv .~ Paula Lawrence , . ~ . -, VERIFICATION COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND I hereby verify that the statements of fact made in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. .~)~.) Gloria Tonkin -- " ~' ,- VERIFICATION COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND I hereby verify that the statements of fact made in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. -.iJ~.tk~ Rita Harvey ."..~~.L , . ,-,-.;.' VERIFICATION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. I hereby verify that the statements of fact made in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the. penalties contained in 18 Pa. C.S. S 4904, relating to unsworn falsification to authorities. 1ft "..-.0 VERIFICATION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. I hereby verify that the statements of fact made in the foregoing Answer to New Matter are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. -.." "e_'""" - ,~", ., '~ -, -" -, -->1, ~--M_'~ ,-" c-c - ,/,,, , ., _, ,"' . , -, "" J ' ~-c;.-,~ ,e- - ~ '~_":-_" ,-, "~', ~,_i;S. ",'-C"'R'. _~ _~L'" "",,,,,,,:,-~,~~_,,, > "c--i;;1 CERTIFICATE OF SERVICE I, Anthony J. Foschi, Esquire, of the law firm of Shumaker Williams, P.C., hereby certify that I served a true and correct copy ofthe foregoing Answer to New Matter on this date by depositing a copy of the same in the possession of the United States mail, first class postage prepaid, addressed as follows: Madelaine N. Baturin, Esquire BATURIN & BATURIN 717 North Second Street Harrisburg, P A 17102 Dated: June 13, 2000 By: IAMS, P.C. ony 1. Foschi, I.D. #55895 P.O. Box 88 Harrisburg, P A 171 08 (717) 763-1121 Attorney for Plaintiffs : 120036 ,...." ........ __,J~' ~"'_~' " ._,_1_>,.,,,.,_,. "~ ",' __ ,'; _~.~~ I., -= "',"C'".,,- -,,,, ",'"', "-{-"- f!'" ~:r- n c: ~k~ Z::.-' -;:,....,-- ~\~; i;() ~-=Cf >..... ~ -< CJ C) C) r'Ll L c.-: z .-,.! ~ --1 ~~J <...n --:./'" ---~'O ~-~',: (~) ---I ::.';"--,--, ;~{?~ \.....1 ~ -< ~} ~'..- w w ',.j ,-r-;-~ "",.-"~_>H.'I~_ ~_,_"""_'O;"~'_~"'___''''>~~'_ ,-"<.' '" "I,