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Home My WebLink About03-1261ROBERT F. DOVER, Vo JOHN DILLER Plaintiff Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -(E~UIT~ JURY TRIAL DEMANDED NOTICE TO: John Diller 339 High Mountain Road Shippensburg, PA 17257 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 attomey 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 (800) 990-9108 Document #: 215527.1 ROBERT F. DOVER, Vo JOHN DILLER Plaintiff Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - EQUITY : : NO. : : JURY TRIAL DEMANDED NOTICIA TO: John Diller 339 High Mountain Road Shippensburg, PA 17257 USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siquientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o 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 le 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 reclamada en la demanda o cualquier otra reclamacion or remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17103 (717) 249-3166 (800) 990-9108 Document #.. 215527.1 ROBERTF. DOVER, Vo JOHN DILLER Plaintiff Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY / LAW NO. : : JURY TRIAL DEMANDED COMPLAINT COUNT I - EQUITY AND NOW, comes Plaintiff, Robert F. Dover, by and through his attorneys, Metzger, Wickersham, Knauss & Erb, P.C., and states the following cause of action and in support thereof, avers as follows: 1. Plaintiff, Robert F. Dover, is a adult individual having his primary residence at 413 Pearlbush Square, N.E., Leesburg, Virginia. 2. Plainfiffis the owner of real property located at 303 High Mountain Road, Shippensburg, Cumberland County, Pennsylvania (hereafter referred to as the "Property"). A true and correct copy of the current Deed to the Property is attached as Exhibit "A". 3. Defendant, John Diller, is an adult individual, with his principal residence at, 339 High Mountain Road, Shippensburg, PA 17257, Cumberland County, Pennsylvania. 4. The Property is Lot No. 1 of the Plan of Lots for Reuben E. Diller Estate, dated June 20, 1884. A true and correct copy of the Plan of Lots is attached as Exhibit "B". Document #: 169592.1 5. As indicated in Exhibit "A" and illustrated on Exhibit "B", the Property is subject to a 50 foot right-of-way in favor of all of the lots in the aforementioned Plan of Lots. path. way. There does exist on the Property a dirt cartway within the right-of-way. Defendant has proposed, and indeed has begun, improvements to the cartway. As part of Defendant's improvements to the cartway, Defendant has bulldozed a The path bulldozed by Defendant does not follow the existing cartway. The path bulldozed by Defendant extends beyond the limits of the fifty foot right-of- 11. The path bulldozed by Defendant emers into that part of the Property not subject to the right-of-way. 12. Upon information and belief, Defendant has not obtained any permit for the construction of an approved road on the Property. 13. Plaintiff has suffered injury in that Defendant has disrupted the Property. 14. Plaintiff has suffered injury in that Defendant has removed landscaping / vegetation from the Property. 15. If Defendant is allowed to continue to improved the bulldozed path, Plaintiff will be injured in that Defendant will construct a road over that part of the Property not subject to any right- of-way. 16. nature. In Defendant is allowed to continue, the damage to Plaintiff will be continuing in Document #: 169592.1 17. Plaintiff has no adequate remedy at law. WHEREFORE, the Plaintiff prays that this Honorable Court (1) preliminarily enjoin Defendant from constructing, improving or maintaining any cartway, roadway or any similar pathway until such time as an independent survey can establish the limits of the right-of-way; and (2) permanently enjoin Defendant from constructing, improving or maintaining any cartway, roadway or any similar pathway or from positioning any equipment involved in such construction on any part of Plaintiff's property not subject to a right-of-way; and (3) grant Plaintiffs such other and further relief as may be deemed necessary and appropriate. COUNT II - LAW 18. 19. his property. The averments of Paragraphs 1 through 17 are incorporated by reference. Plaintiff has suffered damages in the amount necessary to repair the damage done to WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendant for the aforesaid damages, which exceed the limits for compulsory arbitration in Cumberland County, and demands costs, interest and/or damages for delay against Defendant as allowed by law. Document #: 169592.1 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Date: By: David H. Martineau, Esquire Attorney I.D. No. 84127 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Document #: 169592.1 VERIFICATION I, Robert F. Dover, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which we have furnished to counsel, as well as upon information which has been gathered by counsel and/or others acting on my behalf in this matter. The language of the Complaint is that of counsel and not my own. I have read the Complaint, and to the extent that it is based upon information which we have given to counsel, it is tree and correct to the best of our knowledge, information, and belief. To the extent that the content of the Complaint is that of counsel, I have relied upon such counsel in making this Verification. I hereby acknowledge that the facts set forth in the aforesaid Complaint are made subject to the penalties of 18 Pa. C.S.A. {}4904 relating to unswom falsification to authorities. Robert F. Dover Date: Document ti: 169592.1 0~×~?×~00~ ..~-~ 16:23 MAIL BOXES ETC m 17172349478 ' · r': ,. * : , ,, .... .' vv~*~g"' ' '' 11'(.:'~([9 Jill '83J,U 8 P~ 5 27 THIS :DEED; BETWEEN R, EDWARD LINN and SUSAN Y. LINN, ho;b; Town;hip. (sallies a~d~a;: 2246 Lincoln Way ~L Ch~mbe~;bar Franklin Century. Pennaylv~tl~ panics et the flra~ p~rt, ehtp~ Cumber3and ~unt¥~ Panne~lvanie, b~und~ scoordanee, with ~lsn of &o~$ ~or Reuben S. P111~ by ~ohn R.' ~teeinge~ Rag;stewed Su~veyo:~ dar, co~y of which ~. ~eoQrded in the hereinafter OCgioe ~n Plan Book 47, PaVe 7, end inter can~e~ltne o~ ~o~rnehip Road ~-334, known as Bi! v£th the norths~n 1Lne of e 50-~ae~ wide private as Laurel. Lane; thence from said railroad Beginning a~ong as~d cents;line of ToW~sh~p, Rom Righ Keen;ets Rosd, She ~ol~ow~ng three (3) cou: (1~ Bo~th 19 degrees 22 minutes 11 e~oonds 72.33 feet to s point; {2) North 29 degcees 03 ~emt a d/stance se 103.34 ~eet to a point; degrees 24 minutes 47 second, west a ~lataflce tail;sad api~e in the dividing l~ns between thence aZong said dividing line between ea~d Rs;th 6g degrees 17 minutes 26 seconds East a ua~d Lots ,ne. I end 2, Rorbh 25 degree. 30 miami a distance o~ 210.61 ~ee~ to an i~on p~n at Hca. 1, Z and 4~ thenoe alon~ the d~vidin~ 1Lne and 4, ~o=th 62 degrees 19 m~nutee 34 seconds 406.77 ~eet tO an 1res ptn Ln line cf lend no T~oma. R. Orlous~¥1 thence along line of Batd se Thomas H. O;lousky, South 52 der=ess 57 minq a ~ietance of 337.43 ~eet to an 1ran pin on the said 50-~ee~ wide private right-of-way known as still South 52 degrees 57 minutes OB seconds w npprox~matel~ 30 feet, more or lees, to an eo~mon to enid land now o~ formerly o~ Thomas ff, now or ~etmerly o~ John R. Oilier/ thence mien now or ~orme~ly o: John R, Diller~ South I; de seconds Bast a distance o~ approximately 35 ~eet an /Eon pin on ~he southern line of said 50- ~ivht-of-wa¥ known aa LeaFs1 ~ane! thence lend now or ~et~erly of ~ohfl R, D~lere Bough 1( 14 .seoanda Bast s d~etenoe of 464.64 ~eet ~o mr t~enee ,~.et~ll along l~ne o! said Zand now or fo Dllle~, gouth 54 deqrese sO minutes 56 es=on,s; 324,59 feet to an oak tree a~ oo~e: ~Qmmon to and land n~ et Eo~ecly Of ~ehn a, L and wife, of Guilford Pennsylvani~ 17/01), ins ~es~: 33 ~ Gr~rw: tod and cellO0 --- acknowledse4, rke ~l~s, 3uth Newton Town- d June 20r 1984, & .'named Recozde='e orated herei~ by egSeo~ton o~ ~he right~o~-way known · st the Place o~ T-334, known as sos and distances~ minu~es 55' secede d (3) Hotth 35 f 25,93 ieet to a s Non. 1 and S Nos. 1 and ~etance o£ 612.~4 ~dinv 1;ne between es 41 seconds Wee; er col~o~ to Je~ween [,O~S Nog. last s d~etance o£ md no~ or fo=marly :es 08 seconds East mute/ Lane~ then~ mt a d~aeance OrLousky and ~and line si said land ~em. 36 mLnu~es eot wide private along line og Said ex~st~ng ~ron ~erlV o~ ~ohn ~eet a distance )tS NOS. 1, 7, 9, thence along the N0.036 P03 03/i?/2003 16:23 MAIL BOXES ETC a i?172349478 N0.036 Q04 ', / minutes 49 seconds Ws.t a ~letanes o~ 3gB.?l Esot ~ a point on the ~aurel ~ane; thence otassing .aid ~au~e! Lane~ No: :h 46 defteee 04 point on the northern line o~ .aid 5G-teat vide p: Lvate way known as ~aurel Lane/ thence alon~ the north~:n line o~ said 50-gee~ vide private tighb-o~-wa¥ known a; ~s,re~ ~ine the ing t~ree (3) courses and dl~tance~; (l) ~ a a~ve to the right havln9 a tad£~s o~ 399.62 ~eet an &Fo die~ence o£~pptoximst~l¥ 75 a radius o~ 1969.~3 ~eet an arc distance o~ 370.001£eet ~est~ardly #est s distance cE 245,56 ~eet to a ~ailroad spik~ in ~he cente~- · H A t-o~-~a o~ s0-~ et ~lde ares exolunive og the ~iqh Y ~oad T-334t known as uigh M~unt~l~ Roa~f n d ~e shove on said ~l~n o~ Lots tot Reuben B. Pillar ~tate, date 20, 1984, and cecotded an ~o~eaaid, T~B ABO~ deaariba~ LO~ No. i ~a c~veyod ~ b~eot ~o and to- recorded aa a~oroaaid, In co. on ~th such :~eta aa ~y be G~antees and their respective suaoeaaora in eit] shall have the Mural Lane aa ehow~ on said Plau O~ ~tm am m publid township road, but none o~ them obaXI ba under any obligat on to 4o hereinafter named Re~ordat*80~eico on Oocemlor' 13, lg84~ ~n Kiucellaneoue Recold Book 301, Page 4?5, ~O~ tho location o~ ~vrel ~ne aa ~hown on enid ~lan O~ ~t6 fo~ Reuben E. Dillon. Es~e BEING the same premises which ~ohn Reuben B. Dlllerp Oeoeaeed, by deed dated 3anuaEy fog Cumberland County at Carlisle~ ~ennsylvania, Volume 32, page 569, end re-~eeo~ded in on ~ovembsr L0~ 1986, tn Deed Book 'H'~ Volume and conveyed to R. Edward ~lnn and Susan Y. Grantors TffS ABOVE described trsc:'e~ land le toffy ~ect to the following building end use reetric binding upon the within described tract of l~nd · be deemed binding upon other Land aC tho building and usc resteiatione tho within Grant canoe of this deed, expressly agree to complyt l. ~h&s tract of land sh~ll be used agricultural purpose~. 2, auildina set-back l/nas chili be.a~ Cc ti~e by appropriate governmental authorit~el set-bask lines shown on the Subdivision plan ~. Diller recorded in Plan Book 46, Page ~6~ requirements aS O~ the date of said Plan and change ~rom time t~ time as appropriate gave; ~a¥ determine, located on this lot, temporarily ~r po=manant soevere 4. No wrecked or unlicensed vehicle a~ thSa Lo'-at any time unless the maRacAs s~orsd o o-" 3G $9: Pillar and Jeanne testament o£ Reuben 1986~ sad ~ecorded o~ Deeds in and ~n Deed Rook a~., &ecorder'a SEmite Page 388~ granted husband and vita, ,ed under and sub- .aaa which shell ~e )sly and shall not store, with 'which est by the Recap- itabiished £zom t~ne , and tho building ur BeCete o£ I~euben reflect tho eet-hac~ shall be sub~acC to ~mentsl authorities for ~n¥ uae what- inside a building. 03/17×2003 16:23 MAIL BOXES ETC ~ 17172349478 ' N0.0~6 ~05 1N WI?NESS WHEREOF, rom Oran~rs ~e here~nm day a~d ytarllrtt a~ove w~nen, Srme of ~o~m~ of Cmt~eHmtd IN W~NE~S WHBRBOF, I COMMO~TH OF P~NSYLV~IA COU~ OF COMBED RBCO~BD o. this A, D, 1~3, In t~ R~cor~r wi ' warrant ,..gPECIALLy the (SEAL) i~ned oj~Icer, pgr~onall~ ~n to r~ (or satl~actorlly within I~trUment, and aMed. ~ce addr~s ~! iht within toe ~ .... Recorder 90~ 9£0'0N 8~P6P£~T£T + 31B SBX08 qI~N £~:9T £00~/6T/£0 ROBERT F. DOVER, Plaintiff VS. JOHN DILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY 03-1261 EQUITY JURY TRIAL DEMANDED IN RE: PETITION FOR PRELIMINARY INJUNCTIVE RELIEF ORDER AND NOW, this ,~ i · day of March, 2003, hearing on the within Petition for Preliminary Injunctive Relief is set for Thursday, March 27, 2003, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, David H. Martineau, Esquire For the Plaintiff Robert Frey, Esquire . ~3._ j~,~_/ For the Defendant :rim ROBERT F. DOVER, Plaintiff Vo JOHN DILLER, Defendant COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. JURY TRIAL DEMANDED PETITIONER'S-PLAINTIFF'S PETITION FOR PRELIMINARY INJUNCTIVE RELIEF Petition-Plaintiff, Robert F. Dover, through his undersigning counsel, petitions your Honorable Court for the issuance of a Preliminary Injunction pursuant to Pa.R.C.P. 1531 and, in support, alleges as follows: 1. Petitioner-Plaintiff, Robert F. Dover, is an adult individual having his primary residence at 413 Pearlbush Square, N.E., Leesburg, Virginia. 2. Petitioner-Plaintiff is the owner of real property located at 303 High Mountain Road, Shippensburg, Cumberland County, Pennsylvania (hereafter referred to as the "Property"). Attached to the Complaint is a tree and correct copy of the current Deed to the Property. 3. Respondent-Defendant, John Diller, is an adult individual with his principal residence at 339 High Mountain Road, Shippensburg, PA 17257, Cumberland County, Pennsylvania. 4. The Property is Lot No. 1 of the Plan of Lots for Reuben E. Diller Estate, dated June 20, 1~4. Attached to the Complaint is a tree and correct copy of the Plan of Lots. 5. As indicated in Exhibit "A" and illustrated on Exhibit "B," the Property is subject to a 50 foot right-of-way in favor of all of the lots in the aforementioned Plan of Lots. Document #265404 path. way. There does exist on the Property a dirt cartway within the right-of-way. Defendant has proposed, and indeed has begun, improvements to the cartway. As part of Defendant's improvements to the cartway, Defendant has bulldozed a The path bulldozed by Defendant does not follow the existing cartway. The path bulldozed by Defendant extends beyond the limits of the 50 foot right-of- 11. The path bulldozed by Defendant enters into that part of the Property not subject to the right-of-way. 12. Upon information and belief, Defendant has not obtained any permit for the construction of an approved road on the Property. 13. Plaintiff has suffered injury in that Defendant has disrupted the Property. 14. Plaintiff has suffered injury in that Defendant has removed landscaping / vegetation from the Property. 15. If Defendant is allowed to continue to improve the bulldozed path, Plaintiff will be injured in that Defendant will construct a road over that part of the Property not subject to any right- of-way. 16. If Defendant is allowed to continue, the damage to Plaintiff will be continuing in nature. 17. Plaintiff has no adequate remedy at law. 18. Petitioner-Plaintiff, Robert F. Dover, has brought his Complaint and seeks this Preliminary Injunction on his own behalf. Document #265404 -2- WHEREFORE, Petitioner-Plaintiff, Robert F. Dover, prays that this Honorable Court (1) preliminarily enjoin Defendant from constructing, improving, or maintaining any cartway, roadway or any similar pathway until such time as an independent survey can establish the limits of the right-of-way or (2) issue a Rule to Show Cause why a preliminary injunction should not be granted against Respondent-Defendant, John Diller. Date: March 21, 2003 Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. David H. Martineau, Esquire Attorney ID No. 84127 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Petitioner-Plaintiff Document #265404 -3- SHERIFF'S RETURN - REGULAR CASE NO: 2003-01261 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DOVER ROBERT F VS DILLER JOHN CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon DILLER JOHNthe DEFENDANT , at 1423:00 HOURS, on the at 339 HIGH MOUNTAIN ROAD 4th day of April , 2003 SHIPPENSBURG, PA 17257 JOHN DILLER by handing to a true and attested copy of COMPLAINT - EQUITY together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before me this day of ~.~~3~ A.D. Prothonotary So Answers: R. Thomas Kline 04/07/2003 METZGER WICKERSHAM my: D~uty Sher;j/f f ROBERTF. DOVER, JOHN D1LLER Plaintiff Defendants : IN THE COURT OF COMMON PLEAS : CUMBERLAND COLrNTY, PENNSYLVANIA : : CIVIL ACTION - EQUITY : NO. 12,6,1 : : JURY TRIAL DEMANDED MOTION TO WITI41)RAW AR COIIN~F,I, AND NOW, TO WIT, this~t/2t~' day of June, 2003, comes David H. Martineau, Esquire, and the law firm of Metzger, Wickersham, Knauss & Erb, P.C., and files the within Motion for the following reasons: 1. On or about March 18, 2003, Robert Dover retained the law firm of Metzger, Wickersham, Knauss & Erb, P.C., to represent him in connection with this action. 2. Plaintiff, Robert Dover, commenced this action by filing a Complaint in Equity in the Court of Common Pleas of Cumberland County on or about IvIarch 18, 2003. 3. Since retaining Metzger, Wickersham, Knauss & Erb, P.C., Robert Dover has become extremely abusive towards attorney David H. Martineau, other attorneys and staff at Metzger, Wickersham, Knauss & Erb, P.C. Specifically, Robert [)over has: a. Acted in an extremely belligerent manner towards ail of the attorneys and staff to whom he has spoken. b. Made frequent use of profane phrases directed towards the attorneys and staff to whom he has spoken. 285205-1 c. Directly and expressly accused attorney David H. Martineau and receptionist Barbara A. Moyer or lying to him. d. Called Metzger, Wickersham, Knauss & Erb, P.C. under a false name. e. Threatened to damage or take property l~-longing to Metzger, Wickersham, Knauss & Erb, P.C. and to attomey David H. Martineau. f. Attributed false statements to attorney David H. Martineau despite repeated statements, both oral and written, to the contrary. 4. Counsel's ability to represent Defendant has been compromised. 5. Attomey Robert G. Frey, attorney for Defend;mt John Diller has indicated his consent to this Motion. WHEREFORE, David H. Martineau, Esquire, and the law firm of Metzger, Wickersham, Knauss & Erb, P.C., request that they be withdrawn as counsel. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. David H. Martinean, Esquire Attorney I.D. No. 84127 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Defendant 283205~1 ROBERTF. DOVER, JOHN DILLER Plaintiff Defendants : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - EQUITY : : NO. : : JURY TRIAL DEMANDED CERTIFICATE OF ~ERVICE I, David H. Martineau, Esquire, hereby certify that I served a copy of the foregoing Order and Motion to Withdraw as Counsel upon all parties to this action, by mailing a copy thereof on this,~q r* day of ~- ,2003, to: Robert Dover 413 Pealbush Square, NE Leesburg, VA 20176 Robert G. Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, PA 17013 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. David H. Martineau, Esquire Attorney I.D. No. 84127 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 283205-1 ROBERTF. DOVER, JOHN DILLER Plaintiff Defendants : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CiVIL ACTION - EQUITY : NO. 0'3~ t~61 : : JURY TRIAL DEMANDED AND NOW, this ~ ~ day of c~J~ ,2003, upon consideration of the foregoing Motion, it is ORDERED that the parties to this action show cause, if any they have, why this Motion should not be granted. RULE RETURNABLE l0 days from the date of service hereof. BY THE COURT: 283205-I ROBERT F. DOVER, Plaintiff Vo JOHN DILLER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION -. EQUITY NO. 03-1261 EQUITY JURY TRIAL DEMANDED MOTION TO MAKE RULE ABSOLUTE AND NOW COMES Metzger, Wickersham, Knauss & Erb, P.C. ("Petitioner"), by David H. Martineau, Esquire ("Mr. Martineau"), to file the wi~hin Motion to Make Rule Absolute and, in support thereof, avers: 1. On June 25, 2003, Mr. Martineau filed a Motion to Withdraw as Counsel. 2. On July 7, 2003, the Honorable Kevin A. Hess issued a Rule to Show Cause, a true and correct copy of which is attached hereto as Exhibit "A," requiring Plaintiff/Respondent, Robert F. Dover ("Mr. Dover"), and Defendant/Respondent, John Diller ("Mr. Diller"), to show cause why the Motion to Withdraw should not be granted, returnable ten (10) days from service ("Rule"). 3. Mr. Martineau provided to the Prothonotary stamped envelopes addressed to Mr. Dover and Attorney Robert G. Frey, counsel for Mr. Diller, for service of the signed Rule, as per instruction from the Prothonotary's Office. 4. Neither Mr. Dover nor Attorney Frey filed a response to the Rule as of July 31, 2003. 285704-1 5. Pursuant to Pa.R.C.P. 206.7, this Court has the authority to enter an appropriate Order based upon the Respondents' failure to respond to the Rule. 6. Pa.R.C.P. 206.7(a) provides as follows: If an answer is not filed all averments of fact iht the petition may be deemed admitted for the purposes of this subdivision, and the Court shall enter an appropriate order. WHEREFORE, the Petitioner, Metzger, Wickersham, Knauss & Erb, P.C., respectfully requests this Honorable Court to issue an Order making its July 7, 2003, Rule to Show Cause absolute, granting leave to withdraw as counsel on behalf of Plaintiff Robert F. Dover in this case. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Date: August l ,2003 David H. Martineau, Esquire Attorney I.D. No. 84127 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 285704-1 VERIFICATION I, David H. Martineau, Esquire, verify that the statements made in the foregoing Motion to Make Rule Absolute are tree and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. David H. Martineau Date: August ~/ ,2003 285704-1 JUN 2 6 2003 ROBERT F. DOVER, JOHN DILLER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - EQUITY : NO. : Defendants : JURY TRIAL DEMANDED foregoing Motion, it is ORDERED that the parties to this action show cause, if any they have, why this Motion should not be granted. RULE RETURNABLE / C) days from the date of service hereof. BY THE COURT: CERTIFICATE OF SERVICE AND NOW, this f.~7" day of August, 2003, I, David H. Martineau, Esquire, of METZGER, WICKERSHAM, KNAUSS & ERB, P.C., hereby certify that I have this day served the within Motion by depositing a copy of the same in the United States Mail, First Class, postage prepaid, to the individual(s) addressed below. Robert F. Dover 413 Pearlbush Square Lesburg, VA 20176 Robert G. Frey, Esquire Frey & Tiley Five South Hanover Street Carlisle, PA 17013 By: David H. Martineau 285704-1 ROBERT F. DOVER, Plaintiff JOHN DILLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 03-1261 EQUITY JURY TRIAL DEMANDED ORDER AND NOW, this ~ ~. day of_ ~]o,~,~ ,~ ,2003, the Rule issued by Order of this Court dated July 7, 2003, is hereby made absolute, and the Law Firm of Metzger, Wickersham, Knauss & Erb, P.C., is permitted to withdraw as counsel to Robert F. Dover, pursuant to Pa.R.C.P. 1012(b). BY THE COURT: J~A. Hess, Judge 285704-1 ROBERT F. DOVER, Plaintiff JOHN DILLER, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY NO. 03-1261 EQUITY JURY TR/AL DEMANDED MOTION TO MAKE RULE ABSOLUTE AND NOW COMES Metzger, Wickersham, Knauss & Erb, P.C. ("Petitioner"), by David H. Martineau, Esquire ("Mr. Martineau"), to file the within Motion to Make Rule Absolute and, in support thereof, avers: 1. On June 25, 2003, Mr. Martineau filed a Motion to Withdraw as Counsel. 2. On July 7, 2003, the Honorable Kevin A. Hess issued a Rule to Show Cause, a true and correct copy of which is attached hereto as Exhibit "A," requiting Plaintiff/Respondent, Robert F. Dover ("Mr. Dover"), and Defendant/Respondent, John Diller ("Mr. Diller"), to show cause why the Motion to Withdraw should not be granted, returnable ten (10) days from service ("Rule"). 3. Mr. Martineau provided to the Prothonotary stamped envelopes addressed to Mr. Dover and Attorney Robert G. Frey, counsel for Mr. Diller, for service of the signed Rule, as per instruction from the Prothonotary's Office. 4. Neither Mr. Dover nor Attorney Frey filed a response to the Rule as of July 31, 2003. 285704-1 5. Pursuant to Pa.R.C.P. 206.7, this Court has the authority to enter an appropriate Order based upon the Respondents' failure to respond to the Rule. 6. Pa.R.C.P. 206.7(a) provides as follows: If an answer is not filed all averments of fact in the petition may be deemed admitted for the purposes of this subdivision, and the Court shall enter an appropriate order. WHEREFORE, the Petitioner, Metzger, Wickersham, Knauss & Erb, P.C., respectfully requests this Honorable Court to issue an Order making its July 7, 2003, Rule to Show Cause absolute, granting leave to withdraw as counsel on behalf of Plaintiff Robert F. Dover in this case. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Date: August 1 _, 2003 By: David H. Martineau, Esquire Attorney I.D. No. 84127 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 285704-i VERIFICATION I, David H. Martineau, Esquire, verify that the statements made in the foregoing Motion to Make Rule Absolute are tree and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. David H. Martineau Date: August_._/ ,2003 285704-1 ~ ~ ,. Exhibit A ,JUN 2 6 2003 ROBERT F. DOVER, JOHN DILLER Plaintiff Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CWLL ACTION - EQUITY NO. : : JURY TRIAL DEMANDED RIII ow, i V dayo _ foregoing Motion, it is ORDERED that the parties to this action show cause, if any they have, why this Motion should not be granted. RUI~ R~T~JR~Am,~, / C> days from the date of service hereof. BY THE COURT: CERTIFICATE OF SERVICE AND NOW, this f,~7" day of August, 2003, I, David H. Martineau, Esquire, of METZGER, WICKERSHAM, KNAUSS & ERB, P.C., hereby certify that I have this day served the within Motion by depositing a copy of the same in the United States Mail, First Class, postage prepaid, to the individual(s) addressed below. Robert F. Dover 413 Pearlbush Square Lesburg, VA 20176 Robert G. Frey, Esquire Frey & Tiley Five South Hanover Street Carlisle, PA 17013 By: David H. Martineau 285704-1