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HomeMy WebLinkAbout00-07936 - JU t 17 1001 ::td IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY OF PENNSYLVANIA LARRY E. FERRELL, Plaintiff : No. 2000-736 vs. : Civil Action -Law THOMAS D. DAIHL and KAREN L. DAIHL Defendants DEFENDANTS' PRETRIAL MEMORANDUM 1. FACTS OF THE CASE On or about March 5, 1999, Larry E. Ferrell purchased a parcel of ground located in Hopewell Township, Cumberland County, Pennsylvania. The ground purchased by Mr. Ferrell is situate atthe foot of the Blue Mountains and is unenclosed woodland. Defendants are the owners of property in close proximity (sharing part of a border) with the lands purchased by Larry E. Ferrell. Defendants purchased their lands in October of 1999. Plaintiff began to develop the lot purchased by him and also began to use a small dirt bike trail through the land of Defendants as access to his property. The land of Defendants is not and has never been subject to a right of way benefiting the land of Plaintiff. Defendants blocked the dirt path and closed and obstructed the use of the path by Defendants. This suit to declare an easement followed Defendants' action. Plaintiff continued to develop the lot that he purchased and.in doing so has caused damage to the land of Defendants. 2. DAMAGES The Defendants claim damages for trespass and destruction of property in an estimated amount of $3,000.00. Defendants further request an order requiring the removal of Plaintiff's sand mound which has been constructed beyond the boundary line of the property. ,~. - I. ." ,~ 3. ISSURES OF LIABILITY AND DAYS Is the land unenclosed woodland? Is the land of the Plaintiff served by an alternate right of way? 4. LEGAL ISSUES The Defendants do not anticipate any unique legal issues.. 5. WITNESSES Thomas Daihl Karen Daihl Fred Shriner Craig Kishbaugh 6. EXHIBITS a. Deeds to the various properties b. Survey of Sandra Myers subdivision c. Exhibits Attached to Plaintiff's complaint 7. NEGOTIATION There exits no current negotiations 8. LENGTH OF TRIAL Trial is expected to last a full day Respectfully submitted, J\C(~~- ~~--; ~ H. Anthony Adams, Esquire Attorney for Defendants 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 -<~-- I' " LAW OPFICE t~ Jut 11 ZQQ1\f(1 H. ANTHONY ADAMS 49 WEST ORANGE STREET, SUITE 3 SHIPPENSBURG, PENNSYLVANIA 172.57 TELEPHONE (717) .532-3270 PAX (717).532-6673 July 16, 2003 Honorable Judge Edward Guido Chambers Cumberland County Courthouse Carlisle, PA 17013 Dear Judge Guido: Enclosed are two copies of the Defendants' Pretrial Memorandum. I apologize for the late filing but I have received no notice that the case was being or had been listed and the first information I received was your court order of JUly 9, 2003. . Sincerely, l~~ '--,........."......, -- H. Anthony Adams HAA: dmb Enclosure '.- .-, -' ~', '-:-~-- , , ~> ,'--' --- ~,. ';'-~ - . -1;-' , -, h ...,.~, ,,~> , JUl 11 2001" IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY OF PENNSYLVANIA LARRY E. FERRELL, Plaintiff : No. 2000-736 vs. : Civil Action -Law THOMAs D. DAIHL and KAREN L. DAIHL Defendants DEFENDANTS' PRETRIAL MEMORANDUM 1. FAGS OF THE CASE On or about March 5, 1999, Larry E. Ferrell purchased a parcel of ground located in Hopewell Township, Cumberland County, Pennsylvania. The ground purchased by Mr. Ferrell is situate at the foot of the Blue Mountains and is unenclosed woodland. Defendants are the owners of property in close proximity (sharing part of a border) with the lands purchased by Larry E. Ferrell. Defendants purchased their lands in October of 1999. Plaintiff began to develop the lot purchased by him and also began to use a small dirt bike trail through the land of Defendants as access to his property. The land of Defendants is not and has never been subject to a right of way benefiting the land of Plaintiff. Defendants blocked the dirt path and closed and obstructed the use of the path by Defendants. This suit to declare an easement followed Defendants' action. Plaintiff continued to develop the lot that he purchased and.in doing so has caused damage to the land of Defendants. 2. DAMAGES The Defendants claim damages for trespass and destruction of property in an estimated amount of $3,000.00. Defendants further request an order requiring the removal of Plaintiff's sand mound which has been constructed beyond the boundary line of the property. ~+, -"- I, .' - ~"""",,' , T 3. ISSURES OF LIABILTIY AND DAYS Is the land unenclosed woodland? Is the land of the Plaintiff served by an alternate right of way? 4. LEGAL ISSUES The Defendants do not anticipate any unique legal issues. 5. WITNESSES Thomas Daihl Karen Daihl Fred Shriner Craig Kishbaugh 6. EXHIBITS a. Deeds to the various properties b. Survey of Sandra Myers subdivision c. Exhibits Attached to Plaintiff's complaint 7. NEGOTIATION There exits no current negotiations 8. LENGTH OF TRIAL Trial is expected to last a full day Respectfully submitted, J-~~ __ H. Anthony Adams, Esquire Attorney for Defendants 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 t' COpy LARRY E. FERRELL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS D. DAIHL and KAREN L. DAIHL NO. 2000-7936 CIVIL CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 9TH day of JULY, 2003, a pretrial conference in the above-captioned matter is SCHEDULED for FRIDAY, JULY 18, 2003, at 1:00 p.m. in Chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five (5) days prior to the pretrial conference. TRIAL in the matter will be scheduled at the pretrial conference. Counsel are directed to have their calendars available. Steven C. Courtney, Esq. H. Anthony Adams, Esq. Taryn Dixon Court Administrator Edward E. Guido, J. "i~._\1I>1~wrf!I""l' ~ ~ ~ , ,"~' " ~ - ~'''''- ~"""' - ~" " -~ ,...".",.. -._-" , ~~~"~ - ~"c'_-<".",-_j"_'~.~MHH"!i(^,,,,"~'''I~~-,,:,,,..''M,*,',;<;''''''''''''-''_''''''(<,(-\1&<ti1~_">>L""~'~~,"~~l~1l;1j OF !: !',;' I'r !': U.~~..::! II n I ,- !,j .,)~;r_ ' U !. ,) {. .-0-_ Ii :: " CU/.qL;..", " , " . ~ Y'l~c,=r-,~~'-\; l~J i__'~I;J'~ j '{ PtNNSYLVANLt\ ,"iN''''',' ',"',',"', ^~' Ii"'" "",' , ",VD ~ JUL 1 5 Z003 1t' ., 6' Godfrey & Courtney, P.C. BY: Steven C. Courtney, Esquire Attorney I.D. No. 74669 P.O. Box 62S0 Harrisburg, PA 17112 (717) 540-3900 Attorney for Plaintiff Plaintiff IN THE COURT OF COMMOM PLEAS, CUMBERLAND COUNTY, PENNSYL VANIA LARRY E. FERRELL, v. THOMAS D. DAIHL and KAREN L. DAIHL, NO. 7936 CIVIL 2000 Defendants ACTION IN EQUITY MEMORANDUM FOR PRE-TRIAL CONFERENCE Submitted by: Steven. C. Courtney, Esquire, Counsel for Larry E. Ferrell, Plaintiff I. BRIEF SUMMARY OF CASE. Plaintiff acquired a piece of real property on March 5, 1999 in Hopewell Township, Cumberland County, Pennsylvania. The previous owners told Plaintiff that there was an easement being a dirt road connecting Plaintiff's property with the main road. The aforesaid dirt road is the only means by which the Plaintiff has of gaining ingress and egress to his property. Without the use of the dirt road, Plaintiff has no means of gaining access to his property. Defendants have intentionally and willfully blocked the dirt road whereby preventing the Plaintiff from gaining access to his property. This problem has continued to date. Despite Plaintiff's complaints, the problem continues and Defendants have not opened the dirt road nor allowed Plaintiffto gain access to his property. II. STATEMENT OF ISSUES A. Does an easement exist through Defendants' property whereby Plaintiffhas a means of gaining ingress and egress to his real property? B. Do the Defendants have a right to block Plaintiff's easement whereby preventing him from again access to his property? III. REQUESTED AMENDMENT TO PLEADINGS None at this time. IV. ADMISSIONS FROM PLEADINGS TO BE MADE PART OF THE RECORD. , o None, V, Stipulations None. VI. WITNESSES TO BE CALLED: Name Address Subject of Testimony Larry E. Ferrell C/o Steven C. Courtney, Esq. P.O. Box 6280 Harrisburg, PA 17112 Transactions of the purchase of the property. Nature and extent of the problems with the defendants. Jim Armstrong C/o Steven Courtney, Esq. Transactions of the purchase of the property. Thomas E. Shelly C/o Steven Courtney, Esq. Survey the property. Existence of boundary lines and means of gaining ingress and egress to the property. Raymond and Laura C/o Steven Courtney, Esq. Smith Previous owners of the property. Use and existence of the easement. VII. Exhibits 1. Copy of Deeds 2. Copy of Survey 3. Pictures of the property VIII. DAMAGES A. Itemized list of special damages None. B. Description of general damages -Attorney's fees. -Loss of use and enjoyment of property IX. STATEMENT OF ANY OBJECTIONS OR EVIDENTIARY PROBLEMS TO BE RESOLVED PRIOR TO TRIAL None 'i1~ _~ ~ I, -" a X. SPECIAL REQUESTS A. Desired additional discovery, together with explanation of why the same has not been waived, or could not be obtained prior to the Conference. B. Deposition( s) upon oral examination to be taken of medical witnesses, other than a party, for use at trial. C. Other special requests. XI. BEST OFFER OF SETTLEMENT AUTHORIZED BY CLIENT: To be decided XII. ESTIMATED TIME NEEDED FOR TRIAL: 2 hours Respectfully submitted, GODFREY & COURTNEY, P.C. """", ~ 2003 :~~~ P.O. Harrisburg, P A 17112 (717) 540-3900 I.D. # 74669 ^^~--<~- ^~, -,- - "'~ ,~~ GODF~Y & COVR,JnEY, P. C. - -- - - " JUL 1 5 Z003 0/ 14 July 2003 Cumberland County Prothontary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 RE: Ferrell v Daihl Dear Prothontary: Enclosed herein for filing please find an original and three (3) copies of Plaintiff' s Memorandum for Pre-Trial Conference. Please file the enclosed documents and return the copies to my office in the provided envelope. Please call me with any questions. Very truly yours, Y & COURTNEY Enclosure cc: Larry Ferrell wi encl. H. Anthony Adams, Esquire wi encl. 2215 Forest Hills Drive Suite36 P.O, Box 6280 Harrisburg, PA 17112-0280 telephone 717-540-3900 fax 717-540-3555 ~L " . ".h,-",,"_'~,'''W_''_ _'" ",,"~, .'^ .,. _ __ ,_~_ ^'.4,. >, __ , . ,'_'_ ~~b'__I_,~' =.' ".. ,,, t" ,'_~_.__~ __~_,,""",",~ ", .,-'. ,_>. _,._ '.."... .~.~.. ,W __ , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LARRY E. FERRELL, Plaintiff NO. 00 - 79310 eJ-o iL /Efi..n( vs. THOMAS D. DAIHL and KAREN L. DAIHL, Defendants CIVIL ACTION - LAW 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 is 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 document, 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. NOTICIA Le han demandado a used en la corte. Si used quiere defenderse de estas demandas expuestas en las paginas siguientes, used tiene viente (20) dias de plazo al partir de la fecha de lademanda y la notificacion. Used debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si used no se defienda, la corte tomara medidas y puede entrar una orden contra used sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Used puede perder dinero 0 sus propiedades 0 otros derechos importantes para used. LLEVE ESTA DEMANDA A UN ABODAGO INMEDlATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE P AGAR TAL SERVICIO, V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DlRECCION SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUlR ASSISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 800-990-9108 Document #: 185847.1 ~. ~ ",""" " , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LARRY E. FERRELL, NO. ()-()- 193(, (2U;J, ~ Plaintiff VS. THOMAS D. DAIHL and KAREN L. DAIHL, Defendants CIVIL ACTION - LAW COMPLAINT AND NOW, comes Plaintiff, Larry E. Ferrell, by and through his attorneys, Steven C. Courtney, Esquire, and Metzger, Wickersham, Knauss & Erb, P .C., and states the following cause of action and in support thereof, avers as follows: 1. Plaintiff, Larry E. Ferrell, is an adult individual residing at P.O. Box 13, Orrstown, Franklin County, Pennsylvania. 2. Defendants, Thomas D. and Karen 1. Daihl, are adult individuals with a last known address of 130 Pinnacle Drive, Newburg, Cumberland County, Pennsylvania 17240. 3. Plaintiff is the lawful owner of land located in Hopewell Township, Cumberland County, as a result ofa deed dated March 5, 1999, said deed recorded on March 5, 1999, in the office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Book 195, at page 806. A true and correct copy of said Deed is attached hereto, incorporated herein and marked as Exhibit "A". 4. Plaintiff's land is more fully described as follows: Document #: 185847.1 -< ~ " '11. -, , , ALL the following described real estate lying and being situate in the Hopewell Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at the Southeast corner oflands now or formerly of V ernon H. Bricker and Caroline M. Bricker, his wife, thence along the said lands in a Northerly direction a distance of two hundred seven (207) feet, more or less, to a point oflands now or formerly of Wilbur A. Fogelsonger; thence in an easterly direction also lands now or formerly of Wilbur A. Fogelsonger, a distance of one hundred twenty (120) feet, more or less, to a point, the line of land now or formerly of Mitchell Heirs; thence along lands now or. formerly of Mitchell Heirs in a southerly direction a distance of three hundred sixty-five (365) feet, more or less, to a point; thence in a westerly direction along lands now or formerly of Flyer, a distance of two hundred (200) feet, more or less, to a point the place of BEGINNING. BEING the same real estate that Richard E. Wilson and Elizabeth A. Wilson, husband and wife, by deed dated May 6, 1990, and recorded in Cumberland County Deed Book Volume 034, page 90 conveyed to Raymond M. Smith and Laura E. Smith, husband and wife, Grantors herein. 5. Said Plaintiff s land described in Paragraph 4 hereinabove is not open or unenclosed woodland. 6. Defendants are the present owners ofland surrounding the land of the Plaintiff. 7. Defendants acquired title to Defendants' land by deed dated October 15, 1999 recorded on October 15, 1999, in the Office of the Recorder of Deeds in Cumberland County, Pennsylvania, in Deed Book 209, at Page 991. A true and correct copy of said Deed is attached hereto, incorporated herein and marked as Exhibit "B". 8. Defendants' land was formerly owed by Fred 1. and Lucille R. Shriner, husband and wife, o[Cumberland County, Pennsylvania. 9. Plaintiffs land is routinely used by the Plaintiff and intended to be used as a residence. -2- Document #: 185847.1 ',~, --.' ,_. ~ 10. Plaintiff has enjoyed free access and uninterrupted use and right of way over Defendants' land on a dirt road approximately ten (10) feet in width. 11. Plaintiff has enjoyed free access and uninterrupted use and right of way over Defendants' land on a dirt road until September 1999. 12. Plaintiff s land was formerly owed by Raymond M. and Laura E. Smith. The Smiths enjoyed free access and uninterrupted use and right of way over Defendants' land on the aforesaid dirt road for a period well over nine (9) years. 13. Plaintiff s land was also formerly owned by Richard E. and Elizabeth Wilson, Vernon H. and Caroline Bricker and Wilbur A. Fogelsonger, all of whom are believed to have enjoyed free access and uninterrupted use and right of way over Defendants' land on the aforesaid dirt road for a period well over one hundred (100) years. The aforesaid dirt road has been in hostile, open, visible and notorious and continuous use by Plaintiff and his predecessors in title for a period in excess of twenty-one (21) years. 14. On December 9, 1983, a Consent and Acknowledgment was filed in the Office of the Recorder of Deeds in Cumberland County, Pennsylvania, in Deed Book 291, at page 453, relative to the aforesaid described property. A true and correct copy of said Consent and Acknowledgement is attached hereto, incorporated herein and marked as Exhibit "C". 15. Said Consent and Acknowledgement described in Paragraph 14 provides, inter alia, for the use and enjoyment of the private unimproved mountain roads as identified on the survey attached hereto by owners ofland underlying, abutting and adjacent to the said road. See Exhibit "C" - 3 - Document #: 185847. J 'L,," Jllii'1f\ '.,"', 16. The aforesaid dirt road has been in hostile, open, visible and notorious and continuous use by Plaintiff and his predecessors in title for a period in excess of twenty-one (21) years. 17. Said road was in open and visible use of Plaintiff or his predecessors at the time Defendants purchased the property. 18. On or about September 1999, Defendants blocked the aforesaid dirt road with landfill thereby preventing Plaintiff from obtaining access to the land by use of the said road. 19. Defendants have refused to remove said obstructions and have continued to assert their right to obstruct and close the road and have threatened to obstruct and close the road on various occasions to date and are presently obstructing the road. 20. Plaintiff must use the dirt road to gain access to his land by use of a motor vehicle over the land belonging to Defendants who have blocked the Plaintiff from using the dirt road by obstructing said road with various items. 21. Defendants have threatened Plaintiff with physical harm if the dirt road is used by Plaintiff or if Plaintiff crosses Defendants' land to gain access to Plaintiffs land. 22. If Defendants carry out their threat to obstruct and close the road again, Plaintiff will suffer irreparable damage, injury and harm in that he will be denied ingress and egress to his property and will be deprived of the right to occupy and enjoy his property to his great damage and loss. 23. Defendants obstructed and closed the dirt road in violation of the Consent and Acknowledgement attached hereto as Exhibit "C". -4- Document #: 185847.1 " ,-, C', ..,. F' 24. Plaintiff alleges that the dirt road is a connecting road between Old Saw Mill Road and the enclosed parcels of land and is the sole method of ingress and egress to and from Plaintiff s property, and the use of the dirt road is necessary for the beneficial use and enjoyment of Plaintiff's property . 25. Plaintiff alleges that said right of way has been used on a regular basis by previous owners of Plaintiff's land, present and previous owners of lands appurtenant thereto, and by members of the general public, for a period in excess of 100 years. 26. Plaintiff further alleges that the hostile, open, visible, notorious and continuous use of the dirt road established an easement by prescription in favor of the Plaintiff. COUNT I - EASEMENT IMPLIED BY NECESSITY 27. Plaintiff incorporates paragraphs 1 through 26 of this Complaint by reference as if set forth in their entirety. 28. Plaintiff alleges that Defendants, upon their purchase of the lands through which the dirt road runs, were aware of the existence of the use of the road and its permanent nature. 29. The dirt road is an open and visible roadbed, which has been used continuously by Plaintiff since his purchase and prior to that by the former owners. 30. There exists no public road or other means of ingress or egress to the land locked property belonging to Plaintiff or other owners except across the dirt road, thereby making use of the dirt road right of way an actual necessity. - 5 - Document #: J 85847.1 ;;\~ ~c 31. Plaintiff's land is completely land locked with no public road frontage or access road for ingress or egress, other than the aforementioned dirt road. Plaintiff alleges that an easement by necessity has arisen, thereby affording Plaintiff an easement across Defendants' land for ingress, egress and regress for the beneficial use and enjoyment of Plaintiff's property. COUNT II - PUBLIC ROAD RIGHT OF WAY 32. Plaintiff incorporates paragraphs 1 through 31 of this Complaint by reference as if set forth in their entirety. 33. Plaintiff and his predecessors in title have not used the dirt road with any permission or willing consent ofthe Defendants. 34. Plaintiff and his predecessors in title used the dirt road right of way openly and with knowledge of such use communicated to Defendants and their predecessors in title. 35. The dirt road right of way has been continuously and openly used by other members of the general public without let or hindrance for a period in excess of 100 years. 36. The private dirt road is in actuality a public dirt road. COUNT III - EXPRESS EASEMENT 37. Plaintiff incorporates paragraphs 1 through 36 of this Complaint by reference as if set forth in their entirety. 38. Defendants accepted their land as set forth in Exhibit "B" subject to Plaintiff's easement set forth in the Consent and Acknowledgement marked as Exhibit "C". -6- Document #: 185847.1 .'~?l!'~ ~ <; , , 39. Defendants' refusal to open the dirt road is so egregious that attorney's fees expended or expected to be expended by Plaintiff in the amount of $3,000.00 should be awarded to Plaintiff. WHEREFORE, Plaintiff, Larry E. Ferrell, respectfully requests this Honorable Court to enter judgment in favor of Plaintiff and against Defendants and enter an Order of Court on Count I of this Complaint awarding Plaintiff an easement by prescription across Defendants' property; or in the alternative, enter an Order of Court in accord with Count II of this Complaint, awarding Plaintiff an easement by implication and necessity for ingress and egress to and from Plaintiff's property and across Defendants' property; or in the alternative, enter an Order of Court in conformance with Count III of this Complaint, declaring the aforesaid dirt road to be a public right of way to and for authorities; and Plaintiff FUR THER prays this Court issue a preliminary injunction enjoining the Defendants from obstructing, blocking, or otherwise interfering with Plaintiffs right of access through Defendants' lands; and, upon the hearing, enjoin the Defendants from obstructing, blocking or otherwise interfering with Plaintiff s use of the dirt road and Plaintiff s right of access over said dirt road through Defendants' land, and FURTHER that this Court order the Defendants to remove any gates, posts, fences, barriers, barricades or other obstructions, which they may have placed across the dirt road, easement or right of way of Plaintiff, and restore said road and right of way to its existing condition at the time immediately prior to Defendants' acts of obstruction; award monetary damages to Plaintiff for deprivation of use and enjoyment of Plaintiffs property and interference with the same by Defendants; award Plaintiff court costs and reasonable attorney's fees expended in enforcement of Plaintiffs right of access through Defendants' land; and retain -7- Document#:1858471 :?: -~~ t~. _ _, jurisdiction of this matter to ascertain that the Order of Court is obeyed by the Defendants and award such other relief as this Court may deem just and proper. METZGER, WICKERSHAM, KN Respectfully submitted, By Dated: /~!t6 L / Attorneys for Plaintiff - 8 - Document #: 185847.1 '1"]; ,~_ '''r', p 'C .. , , VERIFICATION I, Larry E. Ferrell, hereby certify that the following is correct: The facts set forth in the foregoing Complaint are based upon information which I 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 I have given to counsel, it is true and correct to the best of my 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. 94904 relating to unsworn falsification to authorities. Date: 10 IrAatlJ /7 Document #: 180122.1 10,<< ^., "" ' - r()~-l c..---" MADE the 'THIS DEED !ill day of YrtM-~ ,199ft. BETWEEN Raymond M. Smith and Laura E. Smith, his wife, of Carlisle, Cumberland County, Pennsylvania, hereinafter called GRANT'JF, (S) AND Larry E. Ferrell, of Orrstown, Franklin County, Pennsylvania, hereinafter called GRANTEE, WITNESSETH, That in consideration of the sum of Twelve Thousand ($12,000.00) Dollars in hand paid the receipt ~of is hereby acknowledged, the said grantors do hereby grant~nd convey in fee simple to said grantee, ALL the following described real estate lying and being situate in the Hopewell Township, Cumberland County, Pennsylvania, bounded and limited as follows: BEGINNING at the Southeast corner of lands now or formerly of Vernon H. Bricker and Caroline M. Bricker, his wife, thence along the said lands in a Northerly direction a distance of two hundred seven (207) feet, ~o=~ cr less, to a point of lands n0W Qr formerly of Wilbur A. Fogelsonger; thence in an easterly direction also lands now or formerly of Wilbur A. Fogelsonger, a distance of one hundred twenty (120) feet, more or less, to a point, the line of land now or formerly of Mitchell Heirs; thence along lands now or formerly of Mitchell Heirs in a southerly direction a distance of three hundred sixty-five (365) feet, more or less, to a point; thence in a westerly direction along lands now or formerly of Flyer, a distance of two hundred (200) feet, more or less, to a point the place of BEGINNING. BEING the same real estate that Richard E. Wilson and Elizabeth A. Wilson, husband and wife, by deed dated May 6, 1990, and recorded in Cumberland County Deed Book Volume 034, page 90 conveyed to Raymond M. Smith and Laura E. Smith, husband and wife, Grantors herein. "- bOD~ 195 P,\Gi 80B " " , ..-. AND the said Grantors will warrant specially the property hereby conveyed. ~ IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day and year first above written. WITNESS: 0/" ~ -j/' ~':<AAud:~r7'1t- (J / / . Cj)? ~~-2L STATE OF PENNSYLVANIA COUNTY OF FRANKLIN Itt~.t"'vll7? -J"At.dAL) RayMond M. Smith <> u:, u:, ~ = = 1-4 U1 c: ::" ~Cl t'...; r-", . '-,1 C) ~ ,-) r ~ :;'1: "'.". '..... ;~: I., " t:.~. : I . ~'J""(p e~~(~ (SEAL) Laura E-' Smith SS '"'0 ::3 C) ,.... ~ -,,' ~J ", ~~: ~;. :~~ -_.: nJ r- ~.;,; t:.J rr- IC/);'::;; :l1 - I-> <:::> -..J me, Smith On this ..sF-L. day of 1!lr;/Jf JJ , 1999 before the undersigned officer, personally appeared Raymond M. and Laura E. Smith, husband and wife, known to me (or satisfactorily proven) to be the persons whose name are subscribed to the within instrument, and acknowledged the foregoing deed to be their act and deed, and desired the.,same to be recorded as such. .r '::'~.:',,:.: . _.....~ ..... Wi'tness aforesaid. my hand and NoI8IlaI Se8I T_Il8ftI, Notary Public ~8olo.F~Countv My c...".llllan ExpI... Mer. :!.~008 :"-=-' ...,' ~; .: .~'":~:'!': --:: -;~. .~;'~-, official seal, the day a~:y~a:r~:,;~;;:;='7. :'t"'''-i'''",, .... ".,. ' L","'~""""'-"'''''''',':t;.. .,~ - :~}"~~:.;~,,:;..:t.4-;'--~;.:7~~t:"" tilt '* .3;, .{..;:to---."",,,,, '.".. ~".';''''''1,..",..:'''''''''''C'' ..,', - .~. ,.",...~" ... :..am. ... ' """h,. ,,'- '"n_","", ..- _..(..~.!"-.,- Notary Public ';';.i;~,""'" "'.J' .~_" ..'~:.;'<~.:r I hereby certify that Grantee(s} precise residence and post office address is: l<?o. M /.:3 Date: '1/6}99 hoa;.;. :l...B5 PAGE 807 .,~~~, :. ':.: :.::: '.:~.~o1"~W~!~~ '... ".t,.t,..t1~J.t"~ . _~~:~~'r.r.:r.' '. . . ,~,,~ Dr .. ~ .. "'~:"i ~ ," ~ft~~:'~:~~~':f~~~~~~~'~~ tat..... , ' '86 f' ,,' "If.'~"""";'i:;r.~''''-''''-'' Ce' '.; :..:'.: ' . .,\.:1! . ':i:"t:'f:':~i.~~k'1:-~<:~~,,_"'~.~~~i!f~~ 1')' .. in 111:' c'c:~e lor the recordTnlf.:ll,' r~. ,,~.il$..'~i"t,fi:"':;;I.,"'..,"''i'- . t':J..\I.t'-'I"~~!- .,. '..'\...",~ , A 'or ~"'Iand County ,'" :,;'.~'tl!i:~,,,,:~f';',~1"~,, i;~ ~~",,,_~_'~:~O(.~ . - ~,~'!."~~::~':=~,;;~5.::::;; o ~~, . > .J 7f~"~, .~ oaihl Deed~ok Tax Parcel No. 11-06-0043-010 Made the DEED (, ~ay of de ~cl~ , in the year Nineteen hundred and ninety-nine (1999). Between FRED L. SHRINER and LUCILLE R. SHRINER, husband and wife, of 2799 Ritner Highway, Newville, Cumberland County, Pennsylvania, Grantors and THOMAS D. DAIHL 130 pinnacle Pennsylvania, and KAREN L. DAIHL, Drive, Newburg, husband and wife, of Cumberland County, Grantees Witnesseth, that in consideration of THIRTY THOUSAND and 00/100 DOLLARS ($30,000.00), in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantees, their heirs and assigns, ALL that certain tract of land situate in the Township of Hopewell, County of Cumberland, State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point at a corner of the lands formerly of Peter Swartz and George Reeder; thence North 32 degrees West 20 perches to a point; thence by lands formerly of James F. Wise, North 51 degrees East 45 perches to a post or stone heap; thence by the lands formerly of Simon Heberlig, South 23 degrees East 20.3 perches to a post; thence by lands formerly of Peter Swartz, South 51 degrees West 43.2 perches to the Place of Beginning; containing 5 acres and 78 perches. BEING the same premises which Melva Hensel Fyler, widow, by Deed dated November 17, 1971, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book J, Volume 24, Page 639, granted and conveyed unto Fred L. Shriner and Lucille R. Shriner, his wife, Grantors herein. bOUK ~09 r',IGi 990 -" .-. .~ In Witlless Where ., said Grantors have hereunto set; their llanos ana seals the day,c ...1 year first above written. .WlTNESS ~#- ,-fULL /~4~;A , FRED L. SHRINER ~ J R J j4'LM~Al <t CILLE R. SHRINER Commonwe.ltb o~ Pennaylvania I U county of c~erland I On this, the Iff.jh day of -'JI!.IIJUAJ , 1999, before me, the undersigned officer, personally appeared Fred L. Shriner and Lucille R. Shriner, known to me (or sa.tisfactorily proven) to be the persons whose names are subscribed to the.. within instrument, and acknowledged that they executed the same for, ttJh!!U ..Rq~ ~t(~... therein contained. ~~"ji.~t;:;,..ft~;:f1.=":~,an.~~' ,;;;"r.c., "'~"_"::""''<.'''' '!'.?=i",.ii.~,"'w.' "'''i.i..G:~~~..h\a:-:: and notarial seal. J: ,.,':t.t~.:"'';'''':~;':";,,,,, >#: ~ \ i!j::oio..!l~,"~!<;r,,=, "t~..~ ....f'i~ji.~'I~;;~~.J~ ::" '":' ~'..:'~L"''::, ,t?' '''r . '~:~~..~:'f.-:':""'~-;n~.J.~'$i.~ . -, ., tt!~J(f.,~:.,~~..ti" .{-t"f.:,r,)...... InW' NafARIAL IIAL KAREH P. IIVIRI. HafNIY "*-KS CMJlLlIIOROt, CU~tI)'co.. PA ""OOU'-""NlIXPIRI8lW1CHf ... Notary IherebycerdfY that the precise residence and complete post office address of the Grantees herein is 130 pinnacle Drive, Ne , PA 17240. ~ '#. --ljt:! bt_bt__:::t!J~C$ := ~~g88~8g8~~ - ... ill ill J ooo~ 209 r'~Gf <'> c:: ~::o .:;;;0.,." .:.0 en (") <;> "'or..:.J ::O~rTl h:: '''' ~'1 .z ('11 ~': 0::1-" ." . ~ 00,,,,,,,, __nt~ tn "_ C::O fl, ~ 2: m \i') -1m r- ~ !:1"1. 1 .r'~';.:;.; ~~l,~";. . .-"'~.,":'ll':', 'I' ..._, \'" .... .~t. .~"-*~~~....,,,,,A-...,. .,;....... ..~!I.~.;...r....y"l:.'?'::~. .....~.... . "1f"'\Jj~ :..::,,::,. ~.~ .'(. . ~..~;.. ~~..,....t:f:;;~''''#:' oJ' .;.:I:."r,?:I:.:.'-.,: :':.. .,.",iI. ~..~'.jiil"~'(".t"'."""""" .' ,.' '.' .....~"i2l.......- ~. .', .... a\ J:'':-:V..';''ti.;.. ,-~~ RI.. ~l!"",)t. .~~.~~;.~~~~~t,~;,.i;~~~~l.~ 99~ ""'1'""",1;)...1-,. . ""N'.'l...~~,lI\' .:.~ 'i.P.;!j..7t........ .. . .~.........",.~..oe.'..: . . ~ ~ ~ -< '-" en Attorney fo Grantees Conunonwealth oCPcmuylvaala .. County of Oumberland for Q IU mb - R.corit~!; '!.I~ J'~~cotinl ?v:.eeds i and Deed ral $J!II. ' ~ge~ ;:!. ~.~:HUii a::l::; ,5 t . l ,\ Wi....ot my h~ ani ,~Of Off'6l' · .JS:- n of ~, ~ ~i i;j~F;l. I ~. It : - '= ;S g I :ll ~ The CONSENT Aim ACKNOWLEDGMENT C!~ m.~ undersigned, '<'''I--r?. - "./ _EA'.J:f?,___~H{?vo.-.'~ . owner ot one or more tracts of mountaln land In Hopewell TownshIp, beIng; en . Cumberltlnd County, PennsylvanIa, whIch tract(s) underlie, abut or lIe near to a certaIn prIvate road leaeling from L.R. 2]043, thence westerly parallel to the Pennsylvania Turnpike, thence northerly And thence: westerly, does hereby acknowledge the use of the private unimproved mountain road aforesaid by owners or land underlying, abutttng, adjac.ent to or near said road and does hereby consent to the use of such road by the successors In title to Ruth C. Myers and/or Sondra Myers, such land of Myer.;:(es) being Identlfied as Mounts1n Land Tract No.2, containIng 69 aeres and 131 perches, in a certain Decree Awarding Real Estate dated May 6t 1975 and recorded In Cumberland County Deed 800k "BIl, Volume 25t Page 413. ." Q.~Ix.~ X ~~ '}/. ~'-b..c "" (Signature ot Landowner) c:::I ~ Witness; ~\l-. R\\;;o,C), ~ e ;;:: %.:z:r g ~g;:~ ~~g: t.Q t:g, t3:-.o ~. ~ g~~ ~~~ '" -Imo -<",~ ~ ~cn::! ~ ~ m COMMONWEALTH OF PENN8YLV ANIA ) .S8. D':;~ ph f,v ,:1.,- ~'Y of /Jp yo,' I COUNTY OF S' nUL.~~ulJ On this, the 1983, personally appeared r!....,.I"A/'f' At 6',........ ~p_ . , person whose name is subscribed to the within instrument, ~d acknowledged t11at he ..... l;""....A,n.u 1-1 )J?P/;,k",,~. known to me to be the exeCllted the same for the purposes therein contained. In witness whereof, I have hereunto set my hand and official seal. ".>.).:"'"'' .,.:.'.(,I"...~I.t.';/ .. #'~.JX'~#'- ;-: ...... <!j, .~~..." r, ::.."'~~~ ),~<3~arv.PUbliG(ju ~'..) ""t "l..I:;C~'Ol\ (W~l v>.'.Jt:;\V.1, .." i;' YI NO'\~ ~"a?/ t."',', " BOOK 291 bItE ,118 /"""r~" ~/\'.L (...I, -, " ( /J" ; '.' ! i -4 Ir0 ' ;'f/ , , . ~f { ,I, "I" t b p '(f l , ------- I 1""'\ .~~,<;'" . CONSENT AND ACKNOW~EDGMENT f.J L --' r..J'-'-::''- The undersigned, f'(Q6/F,(T '" I Et:J/,J;;: d-. /:,y;;;/Yrl ft. I €!fS!JA= ' '-- being. an owner of one or more tracts ot mountain land In Hopewell Township, Cumberland County, Pennsylvania, whIch tract(s) underlie, abut or Ue near to.8 certain prlvate road leading irom L.R. 21043. thence wes\erly' parallel to the Pennsylvania Turnpike, thence northerly and thence westerly, does. hereby acknowledge the use of the private. W\lmprcved mountain road aforesaid by owners of land underl,ing, abutting, adjacent to or near said road and does hereby consent to the use ot such road by the successors In title to :Ruth C. Myers and/or Sandra Myers, such land of Myers(es) being identified as Mountain Land Tract No.2, containing: 69 acres and 131 perches, in 8 certain Decree Awarding Real Estate dated May 6, 1975 and recorded in Cumberland County Deed Book "8", Volume 26, Page 413. ", Witness: " "/"",,,,~~..2.Y. , /lltw :LP W7l~1 ~~"""'1')1l) , I \ I I I I (Signature ot !,andowner) . e:: g F.i ~ ~~g n fll2s r- :0 "1 &0 ;;~7' "''''0 f1t.H~ P , 1983, person8lly .ea9~ 3 C:::.b~ n/)~PR7'!J), D.A.1.cLIEVF-L'Y.d 1+. 'T6eSfJALJ; Iknowntomet~e~~ . ~ ,g~ person whose name Js subscribed to the within instrument, ~nd acknowledged 'hfat~he ~ executed the same tor the purposes thereJn contained. COMMONWEALTH OF PENNSYLVANIA) . . ISS. COUNTY OF CUMBERLAND ) On thIs, the ::11l ~J. day ot In witness whereo~f I have hereunto set my hand and official seaL ';':'/"',,: (:..,"'" " /',"::- ,,',., ~', ':"" ~~. rjI. "\,,,/ !rC:.. '~. : _~r:-;' '\'''~ ';:: C. {j~l.~~,.,~~ ~~ I II , .'1' \' ~ . . '{O<'-I//SY~'~"'<''''''': /1 )o~'~;:.~~\.~'" "" ~".210 ~,._-, , Notary PubU. GEHt.. SWO't, NOTARY 'UBUC HOPtwEll 'fWP.. ClJIIBf.RlAMD COUIRY MY COMMISSION UPlrES JAI. 2. 1117 Nt.. 'W\,~I'MI&"U"iI'lt-n" ..... BOOK 2911lCE 419 .,c",.... , , <', . {( 'I t) ;:Y' (j t I - ,~",;, . (':t!~.. ,"" '-., ',' .,~ CONSENT AND ACKNOWLEDGMENT The undersIgned, ,..tv,s b A.ul ]r-eRA, B. .,JW/lf/..rz; belng,.an owner of one Ot' more traets of mountain land 1n Hopewell Township, Cumberland County, Pennsylvania, which tract(s) underlie, abut or lie near to a certain private road leadIng trom L.R. 21043, thence westerly parallel to the Pennsylvania Turnpike, thence northerly and thence westerly, does hereby acknowledge the use ot the prlYa~e unirnproved m~unt81n. road aforesaid by owners or land underlying, abutting, adjacent to or near. saId ~08d. and does hereby consent to the use of such road by the successors In title to Ruth C. Myers and/or Sondra Myers, such land ot Myers(es) being identified as Mountain Land Tract No.2, containing 69 acres and 131 perches, In a certain Decree Awarding Real Estate dated May 6, 1915 and recorded In Book "Bl', Volume 26, Page 413. ~tt;p (Signature of Landowner) . co ... "" ~ a :::J,. E:: rI1..' -s::::ag...; t'.O~:;t1"\ I r="oo. , F';Qrr\U' , ~oo I"Q ?:.~' ~..J~ -' -0 ~~~ f./ :z: ~a~~.~ -' '" ....., -"'mO /) -CO~I' Q/ ~ ~O>~l COMMONWEALTH OF PENNSYLVANIA) ",T, ": SSe COUNTY OF CUMBERLAND ) On thIs, the ;( 7 Z1 day of r:~ . 1983, personally appeared /..(< J"~ )) A"''' ~ @A(l. St.-I' R T;<: , known to me to be the person whose name is subscribed to the withIn instrument, ~nd acknowledged that he executed the same tor the purposes therein contained. ............ ,';""~':"""'i~~";"';'" I....: ..,\.i\\ llQi' -,... ". i;f{~r' ~ ~y~~~ ~;. I ,. ;('l..! ~ ,? NA!ary PUbllC'<'~'.".::~ p~~:.~:{.;./ ~;I""'t p.," ~~ (fill-, ....\~O..,.. 'rn-I.. rf --/-/ ~"'~.I.~~!lm\v.\\\'\~. :~" \ r;"./ 'r ,.- ...._-"'(j, \ I \ I BOD! 291 IAGE 450 . 0 40851.' . NG'().11 fJRUNI ~ , " ~ a?, ~p ~:: ~, Om , 0 , . ~~ ~ . .'> ~ <) <:: '" '" '" '" \: " " <) " " .. " c <:: " ~\o ... n, .. '" on .. 0 " ~ '" . - c "-i .... . '" :t: '" ! <0. <:: .. .... .... '" .. .. '" '" " " " ~ r- ~ "=E ~ m.= .. t:ia '} ""4C i ~.., 9 ~:x: .::! ~.O '"- :0:.. <_. on_ ~n '" " " '" " '" .... .... ... " " "> o c: - '" n, '< :t: '" r- "( . . > . i . z c , ~ . ., . . ~. : - . = , . . . ." '" C '" '" :-t r, ) " /'" 'fId ~J ~ fi /' ,," .~. ('~~ ::~< (-....... ''"-' ,q1i\ /); ~ I' ",\l' ~'" ,. '" ~ .. " " on .. '" " ... iii .t\i\ (. (vl /.- . ''ll .6\1$ S '/.~,9'C ~ \ ~r 1 ~Id .~.I~ \:l ;;; " ,. () '" .. " ',. '0 ~S54' 04' 50 W () - '1'" "- .., '~)( . ~ ~ 26/.90 ~ ~ i ~ <0 ~:-4 . '~ ~ .\~ : "-: lI) ~O; ',,> - . : 66'" 0.,' fj()"W /94.00' ~04.o () .. .. '" , .~ .. .. o '-.J- " ':~ \.'--" '-. ~ !'i .. !> .. <), '" '" '" ." '" '" '" .... "> '" " '" '" '" sor ~d3 '939 00 ,_ ~~ .- OV I 3 " ~ N .0 "' >< ~ .. .. () .. on .. ~ t;l3S0 291 ,f,CE '15,1 BOOK ., . !- fI .. .. " .. "' " \:l '" ;;; ci ;'1 ., .. '" () .. .. .. - , 0) . -r/ (;""'-( , il - " , , .' CONSENT AND ACKNOWLEDGMENT The undersigned, (.favy.o. ::J?::5t~ S' &"",.6"..:r GlI1/<u1LLI'_ befng . 8n owner of one or more tracts or mountain land in Ho?ewell Township, Cumberland County, Pennsylvania, whieh traet(s) underlIe, abut ot" lie near to a certain private road leadEng Cr:-om L.R. Zl043t thence westerl;yo parallel to the Pennsylvania Turnpike, thence. northerly and thence westerly, does hereby acknowledge the use or the priva.t'e unimproved mountain read aforesaid by owners 01 land underlyIng, abutting, 'adja.ce~t to or near saki road and dQ~ hereby consent to the use 01 such road by the sUccessors in, ,title to Ruth C. M:y.ers and/or Sondra Myers, suen land or, _Myers(es) be,ing identified as MountaIn Land Tract No.2, containIng 69 aeres and l:Jl perches, in 8 certain Decree Awarding Real Est.ate dated May 6, 1915 and recorded In Cumberland County Deed Book "B", Volume 26, Page 4]3. t1A'~................ ~ t'u.....~/. 70$- Q~ ~f~:tI#6 C7 u , (SIgnature of Landowner) . Witness: On this, the .3<> day or ~n<t. ~"".,,~ tl~'''''''', ,,\, " -1 '( ,./'7 ::...\\'J/17,,(.; Qt.\ J{ '~:.'"~; ~.~f.) ",.;.:.-;. ":~"I'~'f:~'::, f/ ,1983, personally 8:P.l?~, l':-~:,:"'. , known to me to be 'tt:e h" COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA) :55. ) (h,,,,,/ D. Hsk~ ('j"d 8(1v.,..../,~ :T". a/?l""'~"I'/.p person whose name is subscribed to the within instrument, ~nd acknowledged that ~r/"" . U' C'- . . i'" ..', In witness whereof, I have hereU~d end offlclel seal. A~~~/ld- . - Nctarv PUbT1Sl, SHARON (O\.'E/JI.L.N Af,M.~ ~16f"''' lk: Shipp~n\blll1l,Cllfl'l'a~r~"d ~IJ.. Pa, J/.'fCamml"ilJttElr:piruAprUZS.ln,. , : h.,; <> ""I . "" <= 1""\'," = ~~Zi :;q U;l g:~" rgo~ .-:0 :y '" >1;"1 =: 1', . c:.;::-.:l~ ." 2"'::'t? "" ~~t .... --.. .....'='''':" "" ~<A_ ,- ..., ~ r' .. ' executed the. same for the purposes 'therein contained. BOOK 291 f.ICE 1.52 "" , t"."" CONSENT AND ACKNOWLEDGMENT WHEREAS, the Estate of Wtlbur A. Pogelsonger ls the owner ot that certain tract of mountain land more particularly described by survey attached heretoj and WHEREAS, Edlt~ L. Diehl Is the Executrix of the Estate aforesaid. NOW, THEREFORE, Intending to be legally bound hereby, the said Edith L. Diehl, as Executrix of the Estate of WUbUl" A. Pogelsonger, does hereby acknowledge the use of the private unimproved mountain roads as identified on the survey attached hereto by owners of land underlying, abutting and adjacent to the saId road does hereby consent to the use at Buch roa~ by the succesSors In Utl6 to Ruth C. MYoJrs and/or Sondra M~ers, such land of Myers{es) being IdenUCied an 'Mountain Land Tract No.2, containing 6i :acres and 131 perches, In a certain Decree Awarding Real Estate dated May 6, 1975 and recorded In Cumberland -County Deed Book "Blf. Volume 26, Page 413. [' ,1,'/ l 'I La; -J,f. Edith L. Diehl Exeeutrlx: of the Estate of Wilbur A. Fogelaonger , COMMONWEALTH OF PENNSYLVANIA) . } COUNTY OF CUMBERLAND i 88. ::g On this, the ..:4 =1 -J.,.. da)' of J ~ , 1983, personally 8Ppt Edlth L. DIehl, known to me to be the person whose name Is subserlbed to Ute w contained. lnstrument, and aeknowledged that she executed the same for the Purp0.3e& therein In witness whereat, I have hereunto set my hand and oCClctal seal. ~~J...'~I NOTAlY P\JBLIC. CAltL1SLB, CUMIlEllLAND CXlUNTY. pA Notary Publlo MY COMMISSION 1!XPlRES AUOUST I'. 1983 bOOf, 2:J1. rAGE 453 " ~ i \) eO C) -,0 \.A) e; ;<': ~ ~~91 ~ ~gJ ,.... ~ ....'~ ",.I.:,tCII t.:l .."" ;.S ':~ -;.~ , ""'0 o..:,~l ~ c;.".....-~ ,..., ~~~ ~a~! C::) ~CA~; W l> r.q :~'~:T'~,~".';'~ :.'"q' \ I)l ~r" ...... "', ,_ \ -;i~" . .' :.. :",: ';...9" It\ \ r,:' ,.: t'\.; ~ "');:'~;~:~:;'i'~~ >.. .......,. " " n ,/' C ;' lJGy!f <-.1~ /'" ' (( t./ /) J /1',/ . . 0-::-I-:~~~ /J., /'''/1 ..i. /JI/I:;) ( ,ill... _.lv/..v.,....? t , .;. ~~ - 1J t:, ir) I 'I , , ;1 , '1 "'6oj. -.2:: Y1 d 0 0 c"; C (':::J "Tl " ;--:; n"J -r) b'~ nlr; . 2':-:-9 , 8 ~ i 65 ,":'-. ti) ~- .> -< "', r::= i'J {"') . o. [:5 .- I;ci n1 t:..~-" , , ,/ ,',.. <,,--' '-- " "'::- '":-. ~"-, ." co =< -<. ~ .z:: ~9 80 \ ~!-CJ -g~ ~' ',--,"'\': ~'_"C",_J h~'>'" ',-' 7,",,-'''''''"'''''",,1> -}"'~-'f-"\'-o -",~.~" "--,-."",,,,I~rr~il'~\'jfflI~ '''f\}l;';;'\'''''''f'''n~ >-:;i''''''~~''''''',~'P._''''''''l:",'''","",'''!!"'~!:rl'-m~-''''_'',",;P",,-'~sr' "~~~IlIll.1i~J"r", ~~_. ". ~"",,~;j"''!~_'ffl~'''~ i"",,"' ""~~,~ SHERIFF'S RETURN - REGULAR --" CASE NO: 2000-07936 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FERRELL LARRY E VS DAIHL THOMAS D ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAIHL THOMAS D the DEFENDANT , at 0013:23 HOURS, on the 6th day of December, 2000 at 130 PINNACLE DRIVE NEWBURG, PA 17240 by handing to THOMAS DAIHL a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 12.40 .00 10.00 .00 40.40 S~~~t R. Thomas Kline 12/07/2000 METZGER, WICKE Sworn and Subscribed to before By: me this lor!=: day of ~~ ,;LUVO A.D. ~O. ~.Il# Prothonotary' F';1~__~~ ~~"-' ~. -'"~"".~ SHERIFF'S RETURN - REGULAR .....~'" . ...- CASE NO: 2000-07936 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FERRELL LARRY E VS DAIHL THOMAS D ET AL RICHARD SMITH , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DAIHL KAREN L the DEFENDANT , at 0013:23 HOURS, on the 6th day of December, 2000 at 130 PINNACLE DRIVE NEWBURG, PA 17240 by handing to THOMAS DAIHL (HUSBAND) a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 So Answers: ~K"~~<:~~ R. Thomas Kline 12/07/2000 METZGER, WIC Sworn and Subscribed to before By: me this h-I!::.- day of ULhAA.tu, ~ A.D. CJ"'t' (). 'fu"tf,J ~ Yo thonotary / .'>~4(~'~" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Larry E. Ferrell, Plaintiff : No. 00-7936 vs. : Civil Action - Law Thomas D. Daihl and Karen L. Daihl, Defendants NOTICE YOU ARE HEREBY NOTIFIED TO FILE A WRmEN REPONSE TO THE ENCLOSED NEW MATTER AND COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. )~" H. Anthony Adams, Esquire (25502) Attorney for Defendant 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 '->. -.,'-, - ..^, , -- ,-,_, ',-,_7 _,.___,_'r,,-,-__,'_n',_c,,_~'~_~:~'>'"'" ,-,',',,^, - .< ," ~.. - r--' , >',,-, -~ ."'__c _, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Larry E. Ferrell, Plaintiff : No. 00-7936 vs. Thomas D. Daihl & Karen L. Daihl, Defendants : Civil Action - Law ANSWER TO COMPLAINT Now comes the Defendants, Thomas D. Daihl and Karen L. Daihl, by and through their Attorney, H. Anthony Adams, and set forth the following answers: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied, it is believed the Plaintiff's land has never been surveyed and the description is not consistent through the chain of title. 5. Denied, Plaintiff's land is unenclosed woodland although it has been timbered. Additionally, all the land surrounding Plaintiff's land is unenclosed woodland. 6. Denied, Defendants are the owners of most of the land around the land of Plaintiff but do not surround Plaintiff. L ,"'~,', ~ ,~ .^ . "','10-:''"'' __~' _~ _ 0_'_' _.,,",0 ~ ,,-_, ~ <'., w. 7. Admitted. 8. Admitted. 9. Admitted that the land is used by Plaintiff but Defendants have often demanded that Plaintiff stop crossing their ground. Denied as to the intent to live on the ground in as much as the Defendants are without sufficient information or knowledge to form a belief as to the truth of the matter averred. 10. Denied, there has never been a right of way over the land of the Defendants. 11. Denied, Plaintiff was told before he purchased his land by Defendant, Thomas A. Daihl that there was no right of way into Plaintiffs property. Also, the Supervisors of Hopewell Township informed Plaintiff's predecessor in title that he had no right of way. 12. Denied, Smiths had no access over the land of Defendants. They did however, without consent, cut trees and widen a pre-existing path on the Defendants' land. 13. Denied, the named individuals never owned the property nor did a road exist. 14. Denied the consent agreement concerns a road that is 150 yards to 200 yards from the right of way in question. "f,~ _~__~ ," '__'U ,_,m, ',"~,_~_';' t_,'_ "",~__,_~_ ''''~_'<,'-,",___ _, _._~,~___ '_.N 'I~.~-~,~ _._~. 15. Denied, the consent agreement concerns a road that is 150 yards to 200 yards from the right of way in question. Plaintiff's land does not abut the said road. 16. Denied, there was never a dirt road in use by Plaintiff. 17. Denied, that the road was in use when Defendants bought land and further Plaintiff was informed that there was not right of way. 18. Admitted. 19. Admitted. 20. Denied, Plaintiff has access in another manner to his land. 21. Denied, Defendants have asserted that there is no right to cross their land. 22. Denied, Plaintiff was told that he was buying a landlocked property prior to his purchase of the property. 23. Denied, the consent agreement is not related to the area in question. Defendants never closed the road which is the subject of the consent agreement. ''-';',~" " - '_.,",~C',,,,"_ ~_,"_1,'__''-'" ,'C,_._ ",,~,_ ._'?__ "_eo.. "'".__,c. _ ._,_w,'.~ ~, lI-----__ . . 24. Denied, there exists other means of access to the property of Plaintiff as set forth in Plaintiffs exhibit. 25. Denied, there is no right of way. 26. Denied, there has been no open use of right of way in question. COUNT I 27. Answered as previously set forth. 28. Denied, Defendants have on numerous occasions told Plaintiff that there is no right of way and there was no use of the right of way in question. 29. Denied, the Plaintiff had on occasion used the right of way but only a tiny dirt path existed prior to the Plaintiff's ownership and his immediate predecessor trespass and destruction of Defendants' land. There was absolutely no road existing prior. 30. Denied, there is a right of way to the property owned by the Plaintiff. 31. Denied, there is a right of way to the property owned by the Plaintiff. 32. Answered as previously set forth. ".-~"", --~- --'.'" .\.<'_3:;,._"'0',,",<, ""_,,,, -~-"~~-'r_'_i,'__"""~'_"_"'_____'_'~_'"'"'' '_'_~____ _'I'_"'"'~__ 33. Admitted. 34. Admitted. 35. Denied, Plaintiff's predecessor in title created the road without permission from a small footpath and there was no use prior to his tortious act. 36. Denied, the land is owned by Defendants and no right of passage over this particular area of land exists. 37. Answered as previously set forth. 38. Denied, the easement established through the documents marked Exhibit C has nothing to do with the right of way claimed by Plaintiff. 39. Denied, the land over which Plaintiff desires to pass is private property over which no right of way has existed. NEW MAlTER 40. The claim of the Plaintiff is barred by (68 P.S. Section 411) statute since the land is unenclosed woodland. 41. No consideration of any nature or kind has been given at any time by Plaintiff to Defendants. ~ .", - ,,^,P <",~-,-'f" _>,_'""'___~_ ~,l'<-",-..,."-,,,-~.- ',' >,' < -~ ,~ - c 1 _ ^ _ ,," _".. ='d' __" 42. The Plaintiff was advised prior to his purchase ofthe land that the path which had been widened was not a right of way and that no right of way existed over the Defendants land. 43. The Plaintiff has access to his land by an established right of way to the west of the property. COUNTER CLAIM 44. Plaintiff has trespassed upon the lands of Defendant and continues to do so in as much as: $, a. Plaintiff disregards signs posted on Defendants' land and walls upon the land. , ;,1 b. Plaintiff has in disregard of Defendants' ownership and posting used vehicles to cross Defendants' land and continues to do so. j, 0: c. Plaintiff and or his guest have thrown litter, bottles, cans, and old newspapers on Defendants' land. , ~: d. Plaintiff has cut down trees on Defendants' land valued at $2,000.00. f-i -;j ;0;1 e. Plaintiff has nailed boards into trees on Defendants' land and used the trees for hunting. Further, Plaintiff placed a salt lick on Defendants' land to attract deer unto the land. f. Plaintiff crossed the boundary line when constructing a sand mound and has placed dirt and gravel on the Defendants' land. 4. -~ i ;1 i ; Despite repeated demands to do so, Plaintiff has failed to remedy any and all of the items set forth. ! -,.-': ;.--''""'-- - ,'-- - ",-",-:",_, R. ,;c. "'0' - '^~" """-,-" - - .'1. ,- _ "- "0,- _ - ~ -' '-<"-,-""'J,,~~, ,y - '0, "T:,,' - ';-'". 1" .'''- ____ ~,-,oo,_ '., _ _~ _ _~_,._,.w,,_...,"'___ _ ~', ~_'~__'" _ - - ," ~-" --~ . < - --' . Wherefore, Defendants pray your Honorable Court dismiss the suit filed by Plaintiff and enter judgment in their favor and against the Plaintiff for damages and costs of suit. Respectfully submitted, )\~~ H. Anthony Adams~ Esquire Attorney for Defendants 128 E. King Street Shippensburg, PA 17257 (717)-532- 3270 I"~ , . -"""~-?1;"'-,,,,"?<,'~':';-__-,> ~-. ,'-,- :. ".-' '" "'Z, - .'.-- '_.", '_"- _ ." '-~ ';_,__,' -~ , .. _,-'c' _~ ."",.-,,~-",~~--,,, ~'-- ~- -~ - ~ . We verify that the statements made in this Answer are true and correct. We understand that false statements herein are madE! subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~Jt:# Thomas Daihl I I I I , I I I I I I I I I I I I \ i i I I i I I I I I I I i I i i I i Date: /;? -,J (j -r; () Date: J~-aO-O() j{pAHv\ \\n; 1 P Karen Daihl I , i I I I I' ~., - ."" '_',_" ""0""'_' . ,"- -~-,. ',' '7~'_'__ -- "- --'_"'."';'"~~_" -.-". . ~,_ -,r' -', ^ ~~- ~"~- . CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons in the manner indicated below, by depositing a copy of the same in the United States Mail, Shippensburg, Pennsylvania, with first class postage prepaid as follows: Steven C. Courtney, Esquire Metzger, Wickersham, Knauss & Erb, P.c. P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 Date: 12/21/00 Dawn M. Shoop Legal Assistant for H. Anthony Adams, Esquire 128 E. King Street Shippensburg, PA 17257 (717)-532- 3270 ,:- "_'J~__~_"_~,,,~~,",~_~, "',.",,"' _ ~---_ _"_'"_~_. '~'_-_'" ~",___,_'_ ". _I _,' --~-,- . ~ , - ~-- .-~~=' ::".:J ~~.~" "r"~"y".~ '';-'- " ~- , ". - ., ~'. "." "'-,',' ,su.,'.,_ . . ,-,', -- .,~.",,--,--, ~',. ~---. - >~' ,,- <-.~' ~~, --- ".' ~~JUIIi!'_ 1_ if ~Jll'l~""',~'m"?",,r,P!IlI!~,,'" =~" , . .;e-) :1 {-; "t: - f, " :'.) r:~ '<'1) 5::: '. :~\- /- , .. )> ~~~; r .) ~. -- , -",) :< --.::. (7'1 ^""'!"""'" . 1P''T~"" , IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LARRY E. FERRELL, Plaintiff NO. 00-7936 vs. THOMAS D. DAIHL and KAREN L. DAIHL, Defendants CIVIL ACTION - LAW NOTICE TO PLEAD TO: Thomas D. and Karen Daihl, Defendants C/o H. Anthony Adams, Esquire 128 E. King Street Shippensburg, P A 17257 You are hereby notified to plead to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. V,tOO t/>>A I By Stev . Co ey, Attorney 1.D. No. 74669', P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Document #: 195011.1 ,-'1i<TR , ~ . I . ~- -. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LARRY E. FERRELL, Plaintiff NO. 00-7936 vs. THOMAS D. DAIHL and KAREN L. DAIHL, Defendants CIVIL ACTION - LAW PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER AND PLAINTIFF'S ANSWER TO DEFENDANTS' COUNTERCLAIM WITH NEW MATTER REPLY TO NEW MATTER AND NOW, comes Plaintiff, Larry E. Ferrell, by and through his attorneys, Steven C. Courtney, Esquire, and Metzger, Wickersham, Knauss & Erb, P.C., and states the following Reply to Defendants' New Matter and avers as follows: The allegations contained in paragraph One (I) through Thirty-nine (39) of Plaintiffs original Complaint are incorporated herein by reference as if set forth in full. 40. Denied. The averments contained in Paragraph 40 of Defendants' New Matter are conclusions of law to which no answer is required. To the extent that an answer is required, the same is denied and strict proof is demanded at trial. 41. Denied. After a reasonable investigation, Plaintiff is without sufficient information or knowledge to form a belief as to the truth or veracity of this vague allegation. Therefore, the same is denied and strict proof is demanded at trial. By way of further answer, Defendants are not entitled to receive any monetary or similar consideration from Plaintiff. Any inference or implication that an easement does not exist across Defendants' property is specifically and adamantly denied. Document #: 195011.1 ;.:.R, ,',"' , ,. " 42. Denied. Plaintiff adamantly denies that he was at any point advised that no right of way existed over Defendants' property. To the contrary, the previous owner of Defendants' property advised Plaintiff that the dirt road was routinely and continually used by various other landowners who had cabins located in the immediate vicinity. By way of further answer, see Exhibit "COO attached to Plaintiff's Complaint. 43. Denied. Plaintiff denies that he has access to his land by an established right of way to the west of his property. To the contrary, Plaintiff routinely used the dirt road crossing through Defendants' property prior to Defendants' purchase of said lands. However, Plaintiffwas no longer able to access his property once Defendants' blocked the dirt road with landfill. WHEREFORE, Plaintiff, Larry E. Ferrell, respectfully requests this Honorable Court to dismiss Defendants' New Matter and enter judgment in favor of Plaintiff and against Defendants and enter an Order of Court on Count I of this Complaint awarding Plaintiff an easement by prescription across Defendants' property; or in the alternative, enter an Order of Court in accord with Count II of this Complaint, awarding Plaintiff an easement by implication and necessity for ingress and egress to and from Plaintiff's property and across Defendants' property; or in the alternative, enter an Order of Court in conformance with Count III of this Complaint, declaring the aforesaid dirt road to be a public right of way to and for authorities; and Plaintiff FURTHER prays this Court issue a preliminary injunction enjoining the Defendants from obstructing, blocking, or otherwise interfering with Plaintiff's right of access through Defendants' lands; and, upon the hearing, enjoin the Defendants from obstructing, blocking or otherwise interfering with Plaintiff s use of the dirt road and Plaintiff s right of access over said dirt road through Defendants' land, and FURTHER that this Court order the Defendants to remove any gates, posts, fences, barriers, barricades or other Document #: 195011.1 ~~)" .," c " 'C ~ l_ " obstructions, which they may have placed across the dirt road, easement or right of way of Plaintiff, and restore said road and right of way to its existing condition at the time immediately prior to Defendants' acts of obstruction; award monetary damages to Plaintiff for deprivation of use and enjoyment of Plaintiff' s property and interference with the same by Defendants; award Plaintiff court costs and reasonable attorney's fees expended in enforcement of Plaintiff's right of access through Defendants' land; and retain jurisdiction of this matter to ascertain that the Order of Court is obeyed by the Defendants and award such other relief as this Court may deem just and proper. PLAINTIFF'S ANSWER TO DEFENDANTS' COUNTERCLAIM AND NOW, comes Plaintiff, Larry E. Ferrell, by and through his attorneys, Steven C. Courtney, Esquire, and Metzger, Wickersham, Knauss & Erb, P.C., and states the following Answer to Defendants' Counterclaim and avers as follows: The allegations contained in paragraph One (I) through Thirty-nine (39) of Plaintiffs original Complaint are incorporated herein by reference as if set forth in full. 44. Denied. Plaintiff denies that he has trespassed on Defendants' land and that he continues to do so. To the contrary, Plaintiff has not returned to his property since the day Defendant, Thomas Daihl, assaulted Plaintiffs nephew, James Armstrong, and criminal charges were filed against the Defendant. a. Denied. Plaintiff denies that he has disregarded any signs posted on Defendants' land. To the contrary, Defendants have posted various signs on trees that are located on Plaintiff's property whereby trespassing on Plaintiff's property. b. Denied. Plaintiff denies that he has disregarded Defendants' ownership of their real property and continues to cross Defendants' lands with vehicles. To the contrary, Plaintiff has not DoctJment #: 195011.1 !W'<:,," _~~'''' _", ~_' .. ~ -. - ~ , ,- , returned to his property since the day Defendant, Thomas Daihl, assaulted Plaintiff s nephew, James Armstrong, and criminal charges were filed against the Defendant. c. Denied. Plaintiff denies that he and/or any of his guests have thrown litter, cans, and old newspapers on Defendants' lands. By way of further answer, Plaintiff has not returned to his property since the day Defendant, Thomas Daihl, assaulted Plaintiffs nephew, James Armstrong, and criminal charges were filed against the Defendant. d. Denied. Plaintiff adamantly denies that he has cut down any trees that were located on Defendants' property. To the contrary, Defendants have cut down trees that were located on Plaintiff's property whereby trespassing on Plaintiff's property and committing the act of conversion. e. Denied. Plaintiff adamantly denies that he has nailed any boards into trees located on Defendants' property. Plaintiff also denies that he has hunted on Defendants' property and placed salt licks on Defendants' land to attract deer. By way offurther answer, Plaintiff has not returned to his property since the day Defendant, Thomas Daihl, assaulted Plaintiff's nephew, James Armstrong, and criminal charges were filed against the Defendant f. Denied. Plaintiff denies that he crossed the boundary line when constructing a sand mound. Plaintiff also denies that he has placed dirt and gravel on Defendants' land. By way of further answer, a permit for the installation of sewage disposal system was issued by the Hopewell Township Supervisors and compliance with the applicable laws were made and verified by the enforcement officer, Thomas E. Skelly. 45. Denied. Plaintiff adamantly denies that he has committed any of the acts alleged in Defendants' counterclaim that warrant remedying. By way of further answer, Defendants have Document #: 195011.1 f"'''fi'lf!f!IJ,. ., -" . " committed the acts of trespass and conversion which warrant remedying to Plaintiff, but have failed to do so. WHEREFORE, Plaintiff, Larry E. Ferrell, respectfully requests this Honorable Court to dismiss Defendants' Counterclaim and enter judgment in favor of Plaintiff and against Defendants and enter an Order of Court on Count I of this Complaint awarding Plaintiff an easement by prescription across Defendants' property; or in the alternative, enter an Order of Court in accord with Count II of this Complaint, awarding Plaintiff an easement by implication and necessity for ingress and egress to and from Plaintiff s property and across Defendants' property; or in the alternative, enter an Order of Court in conformance with Count III of this Complaint, declaring the aforesaid dirt road to be a public right of way to and for authorities; and Plaintiff FUR THER prays this Court issue a preliminary injunction enjoining the Defendants from obstructing, blocking, or otherwise interfering with Plaintiffs right of access through Defendants' lands; and, upon the hearing, enjoin the Defendants from obstructing, blocking or otherwise interfering with Plaintiff s use of the dirt road and Plaintiff s right of access over said dirt road through Defendants' land, and FURTHER that this Court order the Defendants to remove any gates, posts, fences, barriers, barricades or other obstructions, which they may have placed across the dirt road, easement or right of way of Plaintiff, and restore said road and right of way to its existing condition at the time immediately prior to Defendants' acts of obstruction; award monetary damages to Plaintiff for deprivation of use and enjoyment ofPlaintitI' s property and interference with the same by Defendants; award Plaintiff court costs and reasonable attorney's fees expended in enforcement of Plaintiff s right of access through Defendants' land; and retain jurisdiction ofthis matter to ascertain that the Order of Court is obeyed by the Defendants and award such other relief as this Court may deem just and proper. Document #: 195011.! :~-,.-- r ~- _ - ,. NEW MATTER TO DEFENDANTS' COUNTERCLAIM The allegations contained in paragraph One (I) through Thirty-nine (39) of Plaintiffs original Complaint are incorporated herein by reference as if set forth in full. 46. Defendants failed to mitigate their damages in this matter. 47. Defendants did not incur the losses complained of in their Counterclaim. 48. Defendants' claims and/or causes of action are barred by the applicable doctrine of waiver and or collateral estoppel. 49. Plaintiff acted in good faith and in conformance with his duties under the law. 50. Defendants' Counterclaim fails to state a claim upon which relief can be granted. WHEREFORE, Plaintiff, Larry E. Ferrell, respectfully requests this Honorable Court to dismiss Defendants' Counterclaim and enter judgment in favor of Plaintiff and against Defendants and enter an Order of Court on Count I of this Complaint awarding Plaintiff an easement by prescription across Defendants' property; or in the alternative, enter an Order of Court in accord with Count II of this Complaint, awarding Plaintiff an easement by implication and necessity for ingress and egress to and from Plaintiff's property and across Defendants' property; or in the alternative, enter an Order of Court in conformance with Count III of this Complaint, declaring the aforesaid dirt road to be a public right of way to and for authorities; and Plaintiff FURTHER prays this Court issue a preliminary injunction enjoining the Defendants from obstructing, blocking, or otherwise interfering with Plaintiffs right of access through Defendants' lands; and, upon the hearing, enjoin the Defendants from obstructing, blocking or otherwise interfering with Plaintiff s use of the dirt road and Plaintiff's right of access over said dirt road through Defendants' land, and FURTHER that this Court order the Defendants to remove any gates, posts, fences, barriers, barricades or other D(Jcumen/ #: 195011.1 ~-- ~, , < obstructions, which they may have placed across the dirt road, easement or right of way of Plaintiff, and restore said road and right of way to its existing condition at the time immediately prior to Defendants' acts of obstruction; award monetary damages to Plaintiff for deprivation of use and enjoyment of Plaintiff' s property and interference with the same by Defendants; award Plaintiff court costs and reasonable attorney's fees expended in enforcement of Plaintiffs right of access through Defendants' land; and retain jurisdiction of this matter to ascertain that the Order of Court is obeyed by the Defendants and award such other relief as this Court may deem just and proper. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By o ne Attorney J.D. No. P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: lip J; Document #: 195011.1 !. .'- -~ - , .. , -,~~ ." VERIFICATION I, Larry Ferrell, hereby certify that the facts set forth in the foregoing Reply to New Matter lIlld Answer to Counterclaim are true lIlld correct to the best of my knowledge, information lIlld belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Date /1;( Document #: 185274.1 -~ , , , . " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LARRY E. FERRELL, Plaintiff NO. 00-7936 vs. THOMAS D. DAIHL and KAREN L. DAIHL, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Steven C. Courtney, Esquire, do hereby certifY that on the date set forth below, I did serve a true and correct copy of the foregoing document upon the following person(s) at the following address( es) indicated below by sending same in the United States mail, first-class, postage prepaid: H. Anthony Adams, Esquire 128 E. King Street Shippensburg, P A 17257 RSHAM, KNAUSS & ERB, P.C. Document #: 195011.1 ~':;: . . . ,--',- ~~ - - " (') <::;) c} S;" ~n -oe] L. "'-j ,:::,. !;pm Z ~:r ,:11 _.. -J, 6:5:" ~~ .'"D'Tl j::S2 (.,,) :,oCY s:O ":1 .i?~ )> 2!~) =u;; $0 C Z :;,--1 ::;! -:.,:) < c=) ~J --" , ~,!"~~_~"'.~i!.'I;j~~~W!'lI!'~!!_'_$lf;'1W""~,~,,Ff"'v",'V'1'<-,'l"'''''!''''''T'''''"~.~'*~','0~"""""p.l8""!f>~lj"f.'$1':i'V~iT4!'!\~"l\'~i!!'I'Wi!~~""'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Larry E. Ferrell, Plaintiff : No. 00-7936 vs. Thomas D. Daihl & Karen L. Daihl, Defendants : Civil Action - Law DEFENDANTS ANSWER TO NEW MATTER Now comes the Defendants, Thomas D. Daihl and Karen L. Daihl, by and through their Attorney, H. Anthony Adams, and set forth the following answers: 46. Denied, Defendants have always and at all times attempted to mitigate damages. Defendants were not at their home when the trees were cut, the Township was notified of the problems and Plaintiffs were directed not to continue the trespass and damage on Defendants land. 47. Denied, losses were incurred and will be proven by Defendants. 48. Paragraph 48 is a conclusion of law to which no responsive plead is required. 49. Denied, Plaintiffs acted at all times in bad faith. 50. Paragraph 50 is a conclusion of law to which no responsive pleading is required. Wherefore, Defendants request judgment be granted in their favor. k~~--,_o ~ ''''-'~-,-i''''~~',-.-" ',,'''''''''e -~"-' ",_>"~-,-_"'-" ".'- -.".. ,.,-,:,. c~- " ,-._,_,~,_ _1-"'_'-','. _'0,,- _'. c" '_'~,",," __'~__ '_.'~'_",___ ,,,,, , ~. -'"~ " ~~,,--,-- y- ',~,.7>-'f\,~,'-~ ""'_h,_' -~''',,,,-~,,- -"'-"'f-.- <___'~ " - --"' - , ,P', ., '_, ~ ,__. Respectfully submitted, ~~ H. Anthony Adams, Esquire Attorney for Defendants 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 _ " __ ~ H. ~____ I verify that the statements made in this Answer are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.s. Section 4904 relating to unsworn falsification to authorities. Date: /-;2 '1-(i! ~9;dJ Thomas D. Daihl Date: /,;( 9 - 0/ ;{;;/LLM / ~~ Karen L. Daihl ;~. .-">- ; " -, -"~,,,;"";1!!f',~-~_"_~-"'- '," ""'~ ~-~, "'-,',--~ ',' ,~ ~.~ ~-'-~-~' - '"" , .. - ", .,,- "~ - --~' _." .. -- -. CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons in the manner indicated below, by depositing a copy of the same in the United States Mail, Shippensburg, Pennsylvania, with first class postage prepaid as follows: Steven C. Courtney, Esquire Metzger, Wickersham, Knauss & Erb, P.c. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 Date: c2-j -04 Dawn M. Shoop Legal Assistant for H. Anthony Adams, Esquire 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 ~"",,,~,-,-,,, -,. - "- ','-. "" '-",~,-"- .~~ =. .'" ,. ".', ">." -, ':,~, ,,- '_'_" ._<._ =_ ,____'<' w'~_ _~ _",,, _ _~,__c__ ."_' ~_ y- ~ -- " ~ -" ." --~, ," ~ " ~~" " o -v~ ~,~~,j ZL"_ 5%;;(. r:::;.C:,.; <........ ~~; Sl ,~ '" o -" r" CD \ (}, ~~",,"'~~_' ~~~",,"!,,~- 'f~"'I_';_I!i~~1il ,^, "Jl!:l'~'i,.,.,.-~-,-,- () 'Tl --'" --'r: ,__:;c .--""'1 ,~ '~--:-) :;(J, -::~lf~ '::;~ :":1 -<. ::~~ r:-: '-'" .r-'- :""; ,.lffll!!if ~-,""7 LARRY E. FERRELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 00-7936 vs. THOMAS D. DAlHL and KAREN L. DAlHL, Defendants CIVIL ACTION - LAW STIPULATION TO AMEND CAPTION AND NOW, this 2f.- day of 1J10c0 , 2002, come the parties to this action, by and through their respective counsel and hereby stipulate and agree as follows: 1. On November 9, 2000, Plaintiff filed a Complaint in this Court against Defendants, alleging right of way over Defendants' land. 2. The Complaint was filed as a civil action in law. 3. Plaintiff avers that the Complaint should have been filed in equity. Plaintiff has the right to an equitable remedy and the equitable remedy is practicable in this case. 4. Plaintiff has contacted counsel for Defendants whereby he consented to this change in the above action. ended to reflect this action in equi:\ , F By: . By: N~_ Steven C. Co ey, Esq . H. Anthony Adams, Esquir METZGER, WICKERSHAM, KNAUSS & ERB Attorney for Defendants Attorney for Plaintiff 128 E.King Sreet Attorney J.D. No. 74669 Shippensburg, P A 17257 P.O. Box 5300 (717) 532-3270 Harrisburg, P A 17110-0300 (717) 238-8187 , the undersigned counsels for Plaintiff and Defendants hereby Document #: 230115.1 !" , ,~ "". ,...~ ',,", "~.., ' . " , ""., ~ ~. " ", C) 0 c; c: 1'.> -n ;g: "'" m..l -001 -0 ;r,:-q mm :;:Q ,~ lF~ Z::r, I ~Qh'1 ~~ .j:"'" '.: ,C;J :-;'~i' I ~L t.::::.,C) '_Z::> "'- -0 :::B ~8 ::g; :ib -n'1 J>c: .- ~ .. ~ 0 ~ -< ..~ M <IIUJ. ~ ._,~,.._.-!!, ~7'f! l IrM;Iif\l!J~~!!lIlM'{(i@i5.;lIF",,",''''''''!'''I'f'''''~'''1'<:'';il'ii'i':i!l\~'V'>!1II_~~~.~illl!lJl'nl/iIW~.,~r;>,,!, I!'!I ,,,,",,..,,,,~ PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE POOTHON:YI'ARY OF CUMBERLAND COUNTY Please list the following case: (Check one) for JURY trial at the next tenn of civil court. (XX) for trial without a jury. ---~------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) Civil Action - Law Larry E. Ferrell Appeal from Arbitration (x) Action;;' R~];ty (other ( Plaintiff) vs. Thomas D. Daihl and Karen L. Daihl The trial list will be called on Angll"t 12 and Trials corrmence on August 20, 2003 (Defendant) Pretrials will be held on 872 () 763:3 (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 7936 Civil 2000 19 Indicate the attorney who will try case for the party who files this praecipe: Steven C. Courtney, Equire Indicate trial counsel for other parties if known: H. Anthony Adams, Esquire \^\,~U? ~ Signed: Print ~t~':::~n~Y This case is ready for trial. Date: Attorney for: Plaintiff "'"",<;,. = - ~~, r_ .-, " - " Ii i'. ~ ~ 0, ~ .'-",",-" .- .-,', ^~ " '"'" "'~ ~'~~.!-~""- , .~" ~~~_'N ,_ ~ ". ,~." ~M" -,- _H () C:d 0 C CAl T) 3'""';: ,- ~.:;.:J '-0 D:J c:: rn !"T' ~!:: -h~~ ...::." :.J.~,' :z;-.'. ~-;:{:~ (f.> )~~ 1'0 J ~."" i~~~, :~) (::) --I :::::2 ""+1 'z:' ---~ :50') )>2~ "''''- ~:: ~5nl ;-~ ;-~l ,~ =2 (^' 5:J -< ffi!MfiII!Il!l'f'!:J1>11"," ,~~~"".JJ/'!'!-'~'t'~'I~_I~~~!I'l;~_'W"""it',P;:'f",*,"~~'1!;""lf"''''"i^,'r_l''')'W'W''''''-~''''''''IP~'''_~'''~~~_I_~ffl~~ ,~~ -'.'. -, ,,)~ , - ~-_:-/.., v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LARRY E. FERRELL, Plaintiff THOMAS D. DAIHL and KAREN L. DAIHL, Defendants ~q"3c., e:.vi{ NO. 2000-9-'1-3-6- IN RE: PRETRIAL CONFERENCE A pretrial conference was held on Friday, July 18th, 2003, in which Steven C. Courtney, Esquire, appeared on behalf of the Plaintiffs and H. Anthony Adams, Esquire, appeared on behalf of the Defendants. This non-jury matter involves a property dispute. Both parties have requested a view of the scene by the Court. It was agreed by counsel that no court reporter need attend the view. If any matters discussed at the scene between the Court and counsel need to be placed on the record, we will do so at the commencement of trial. The Court will meet counsel and the parties at the square in Newburg at 8:30 a.m. on Thursday, September 11, 2003. From there we will proceed to the scene. Counsel expect this matter to take almost a full day to try. Trial will commence at 10:00 a.m. on Thursday, September 11, 2003, before the undersigned. All exhibits shall be pre-marked and exchanged between counsel prior to August 22, 2003. Any objections to the exhibits, other than to relevance, shall be made in the form of a motion in limine. All motions in limine, with supporting authority, shall be filed by September 2, 2003. Any response, with supporting authority, shall be filed by September 8, 2003. The parties have indicated that settlement is not likely. ;-, ~ <- ", .~ 1-,'.-- 'I '.,.,' *. ,. t' - .----- ~even C. Courtney, Esquire Godfrey & Courtney, P.C. P.O. Box 6280 Harrisburg, FA 17112 Attorney for Plaintiff / ~ Anthony Adams, Esquire 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 Attorney for Defendants RK8 o 'h;U . CJ3 srs "'""'~ ,,' -. . '.~ 'P,' , -. . - . YO'" ,<--- I" . . JaMtl "-<> ~i!!til.l~lilil>.!IIl#*~~~~Jiiai1!~_jf,~~.~;;",,'.i!!litj;i/IiIi.W_~~!ilaL ~~~_'iit!".. ~-- ~- .... -'... -,- "-.,. OF _,_/,l.LG~) I .;,' CY"iC'\iARY r;':~ n I' I?~ ,i "'. 1 I "'V,.,n.."._, f'~r-;t I : ~5 CUi'V:t..J,::J~~j<, ',' l ! ;: !'~-J'" PENNSyL\.;;,0iAc}! . , I _..~.,> ~,~ ~- , ~..-, ~,,~. ~~ "I' E I il Iii il I II I ~C), f' 7'"" ~~ fl', 0 OJ ern ~~ .,., ~ tJ o G ~t ~ 5:" oj (l ,. ::. i'!:> "'\ COpy LARRY E. FERRELL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS D. DAIHL and KAREN L. DAIHL NO. 2000-7936 CIVIL CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 9lli day of JULY, 2003, a pretrial conference in the above-captioned matter is SCHEDULED for FRIDAY, JULY 18, 2003, at 1:00 p.m. in chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five (5) days prior to the pretrial conference. TRIAL in the matter will be scheduled at the pretrial conference. Counsel are directed to have their calendars available. Steven C. Courtney, Esq. H. Anthony Adams, Esq. Taryn Dixon Court Administrator Edward E. Guido, J. ^"""""",i1M~~ r_""",,", ,~, ~ _ W., ,~,"_..., ,~ < ~~~ -- , - - , -~"'~"""""""""""'...,-"""" lil>il'!",.~..,.~-;",.-Jj~,,&_j;~,.m;;,,,-,,,-""",,",'.1r'"J..t,ji~'''"''':'''''''",h'",~",."-''>':",,,-:'.'':,-,,:,W~~';,,;,,,,,,, ':"d" "_.l~,",,,,"~,.,illi'::\'''I,;'il>'''''''O?';alWi_OI:W.~~'''''\lii~''',,,_,,,,,,,,,,,~_~~,, I: I OF \-~!} EQ'.-~~\~.fn~;E";T NiY r"" IIi! ! 0 u,) oJ'-"" Pi,,') 1"'01..: L2 .. .1 "..,---. ,.", f''--'',:I'i"IT'V CUM;--:f."t':L;"\ "'IJ \A.....'..J.... I I PENNS'1tVNJiA . ,(:i-t1\i. ,"1,';;:::'" '. ,l:' ~,'1 (;\'.Ji'b.l\ - Taryn N. Dixon Court Administrator OFFICE OF THE COURT ADMINISTRATOR CUMBERLAND COUNTY COURT OF COMMON PLEAS 1 Courthouse Square' Carlisle, PA 17013 Phone Melissa H. Calvanelli (717) 240-6200 Assistant Court Administrator (717) 697-0371 (717) 532-7286 (717) 240-6460 FAX MEMORANDUM TO: The Honorable Edward E. Guido FROM: Melissa H. Calvanelli, Assistant Court Administrator DATE:. June 23, 2003 INRE: 00-7936 Action in Equity Larry E. Ferrell v. Thomas D. Daihl and Karen L. Daihl The above case is assigned to you for a non-jury trial. Please provide me with copies of your scheduling orders and fmal disposition date so that I can monitor the case for statistical purposes. Attachment '~~'" " - ""/,"'-""~""'''~-~''"~' "'-"'~ -~~,-" .- ~ .'" -~. ~,' PRAECIPE FOR LISTING CASE FOR TRIAL JUN 2. 3 2003 ( . (Must be typewritten and submitted in duplicate) TO THE poornOI'UI'ARY OF CUMBERIAND COUNTY ~ 0 ,...., C tA-) ~~ for JURY trial at the next tem of civil~Wrt~ mrh ;:: 'i~; Z:-Li 'II - ';:-1 (XX) for trial without a jury. 6j5~, N.. l, _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~,~,L _~~ _(:;;~Q SE ,f'" r) -"" .'"...1... / CAPTION OF CA Z (-; ". rn (entire caption must be stated in full) (check one) :J>~ ~ ~ -,"- :0 =2 c'"' -< Civil Action - Law Please list the following case: (Check one) Larry E. Ferrell Appeal from Arbitration (X) ACtion(~t~i?t t-y (Plaintiff) vs. Thomas D. Daihl and Karen L. Paihl The trial list will be called on All 9'" ,,1- 12 and Trials comrence on August 20, 2003 (Defendant) Pretrials will be held on 8 7 :2 0 7 <i 3:3 (Briefs are due 5 days before pretrials.) vs. (The party listing this case for trial shall provide forthwith a copy of the praecipe to all counsel, pursuant to local Rule 214.1.) No. 7936 Civil 2000 19 Indicate the attorney who will try case for the party who files this praecipe: Steven C. Courtney, Equire Indicate trial counsel for other parties if known: H. Anthony Adams, Esquire \A \\\V '~ Signed: ' Print N' ' ste'~~MY This case is ready for trial. Date: Attorney for: Plaintiff "~_1i1' il" II .' 1 -' Plaintiff IN THE COURT OF COMMOM PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA LARRY E. FERRELL, v. THOMAS D. DAIHL and KAREN L. DAIHL, NO. 7936 CIVIL 2000 Defendants ACTION IN EQUITY ORDER ?- AND now, this ~ day of September 2003, it is hereby ORDERED that the trial set for September 11, 2003 relative to the above captioned matter is hereby continued until either party requests that the case be re-listed for trial. This matter has been continued because it was recently learned that the Defendants have sold real property to which the Plaintiff was seeking a declaratory judgment against relative to the right of way and/or easement. The Defendants are no longer the legal owners of the real property and may not be the proper party to this action. The Defendants have sold the real property and failed to notify their attorney of the sale. Counsel for both parties just learned of this sale and are now in discussions as to a resolution of this matter. Edward E. Guido, J. cc: H. Anthony Adarns, Esquire 128 E. King Street Shippensburg, P A 17257 Steven C. Courtney, Esquire P.O. Box 6280 Harrisburg, P A 17112 ~.,II.L';'~ I q. /0-03 ~, '~i!\. . ?,"'.-" - "- _'J~M~.ml!ll,~.e~H;""",'"","j"'-'-"'''-';;''!.Jr''-"~''''''''-''';","O'~"-'i!-"~hi',,,,d,*,""'i~-'!I>lc"""-,i.A""iA',k-",8"",,-~p--'lfl~illij,~I,,,*,.lMiI:I'Jij;l>'lili<ii>~~'<L'loll~;h\lIIi,"-",,~~~~:&.IJI~ '"\)"' UI~ FiL ~U ..U! FiCE --'r<.r~l;nY ",'-',','" (13 <:r:-D 1 (j ~ u,_, .... )",'; 2: :35 CUM'~::"i "."('U' ,,,.,,, ~':-"t';;' .!-'~::: .,'....J l..!v'r III i I PcNN::;fLVANIA u. ... ...... . , ~. .. . !J!tlI1:I:Il~ ~ " LARRY E. FERRELL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS D. DAIHL and KAREN L. DAIHL NO. 2000-7936 CIVIL CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 9TH day of JULY, 2003, a pretrial conference in the above-captioned matter is SCHEDULED for FRIDAY, JULY 18, 2003, at 1:00 p.m. in Chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five (5) days prior to the pretrial conference. TRIAL in the matter will be scheduled at the pretrial conference. Counsel are directed to have their calendars available. Steven C. Courtney, Esq. , .~ H. Anthony Adams, Esq. ~ ?-/I-()~ ~ Edward E. Guido, J. Taryn Dixon . Court Administrator--L tb.-I. .:.. .1 . ":<>ll" ""-. . ',' '"'"..,.,.,-, -- . ~^G.i.: :.J.'I'."'"~ ",/I,;ll!I.~"Ii;;J:jii/;;;il.~l~t"-",,~,,~i,.ik~:~lii,,,",,;"Wllg,:I':Hlt<.!Ai~~Mtll.~'iOiiilliill:~i18~IiilliH!liii~,it!iFt:iJWlIlll ~1:.:cl!1'1ii11liJlllllo&. >>." ~ ,. , """. .'''~' .,. OF r!LED---C)~~F]Cr.: !(\.'DT.Jl,RY U'l" 111'. II'." ')" ~ ? J I: i"j >:' , ~';',J'_ .. ,,_. u..... CUiv'j8Ef~~;.../\'~~t !_;QUNTY PENNSYLVANIA \~ \it;~ -, "..- 1!Jli.lIijJIiiI' l I I I