HomeMy WebLinkAbout99-04455
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GUY A. ECKERT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: N0.99.4y???CIVIL 1999
V.
GEORGE F. SULLENBERGER, JR.
and ELLEN MARIE SULLENBERGER,
Husband and Wife,
Defendants IN EJECTMENT
N O T I C E
You have been sued in court. If you wish to defend against the
claims set forth in the following pages, you must take action within
twenty (20) days after this complaint and notice are served, by entering
a written appearance personally or by attorney and filing in writing with
the court your defenses or objections to the claims set forth against
you. You are warned that if you fail to do so the case may proceed
without you and a judgment may be entered against you by the court
without further notice for any money claimed in the complaint or for any
other claim or relief requested by the plaintiff. You may lose money or
property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Court Administrator
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
(717) 697-0371
(717) 240-6200
B
Jades D. gocfa4 Esquire
Pa. I.D. No.. 475
1 West Main Street
Shiremanstown, PA 17011
(717) 737-8761
Attorney for Plaintiff,
Guy A. Eckert
GUY A. ECKERT,
V.
Plaintiff
GEORGE F. SULLENBERGER, JR.
and ELLEN MARIE SULLENBERGER,
Husband and Wife,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 9'9-yyy1 CIVIL 1999
IN EJECTMENT
COMPLAINT IN EJECTMENT
1. Plaintiff is Guy A. Eckert, an adult individual, who resides
at 475 Sample Bridge Road, Enola, Silver Spring Township, Cumberland
County, Pennsylvania.
2. Defendants George F. Sullenberger, Jr. and Ellen Marie
Sullenberger, husband and wife, are adult individuals residing at 65
Millers Gap Road, Enola, Silver Spring Township, Cumberland County,
Pennsylvania.
3. Plaintiff is the record legal owner of real property with
certain improvements erected thereon situate in Silver Spring Township,
Cumberland County, Pennsylvania, being bounded and described as
follows:
ALL THAT CERTAIN tract of land situate in Silver Spring Township,
Cumberland County, Pennsylvania, being bounded and described as
follows, to wit:
BEGINNING at a nail in the center of Sample Bridge road, said nail
being 0.6 mile East of Millers Gap Road (Public Township Road T-
596); thence along the center line of said Sample Bridge Road,
North 63 degrees 38 minutes East, a distance of three hundred
thirty-nine and sixty-five one-hundredths (339.65) feet to a point
on the line between the herein described land and land now or
formerly of Ray Lowery; thence along the aforesaid line between
property herein conveyed and lands now or formerly of Ray Lowery,
2
South 04 degrees East, a distance of eight hundred forty-five and
zero one-hundredths (845.00) feet to an iron pipe; thence along
the line of lands of the Mechanicsburg Sportman's Association,
South 79 degrees 06 minutes 00 seconds West, a distance of three
hundred sixteen and forty one-hundredths (316.40) feet to a point;
thanco al nn? *he 1,-- -s I__?_ ___ _
`=Iojl , oaiuule criaae xoaa, the point and place of BEGINNING.
Emphasis supplied)
CONTAINING 5.77 acres.
BEING the same premises which Aaron Potteiger and Donna M.
Potteiger, husband and wife, by Deed dated June 15, 1993 and
recorded June 16, 1993 in the Cumberland County Recorder of Deeds
Office in Deed Book "I", Volume 36, Page 653, granted and conveyed
unto Guy A. Eckert.
A copy of the Deed containing the legal description is attached hereto,
marked Exhibit "A" and incorporated herein.
4. The abstract of the title on which Plaintiff relies is as
follows:
On August 2, 1787, the Commonwealth of Pennsylvania issued a
Warrant to Survey a parcel of land in Silver Springs Township,
Cumberland County, Pennsylvania, in the name of James McKinstry,
Warrant No. C-130-299. A Return of Survey was filed April 9, 1788
for one hundred thirty-two (132) acres seventy (70) perches and
allowances. On May 3, 1796 a Patent was issued to James McIlroy,
Patent No. P-28-169. (See Exhibit "B", which is attached hereto
and incorporated herein.)
Sometime at, about or after the mid-1800's, this Warrant was
divided into eight (8) parcels. These parcels were then further
subdivided. The real estate of Plaintiff as described in
3
Paragraph 3 hereinabove, as well as the real estate purportedly
owned by Defendants as described hereinbelow, are portions of two
(2) of these parcels. The two (2) parcels are adjacent. (See
Exhibit "C", which is attached hereto and incorporated herein.)
The abstract of the title on which Plaintiff relies becomes
clear with the deed conveyance into J. Frank Sheriff, which is
dated November 7, 1917 and recorded in the Cumberland County
Recorder of Deeds Office in Deed Book "0", Volume 8, Page 255.
From that point on, the abstract is as follows:
(A) The Estate of J. Frank Sheriff to Ray and Janet C. Kenney by
Deed dated September 6, 1963 and recorded in the Cumberland
County Recorder of Deeds Office in Deed Book "Y", Volume 20,
Page 1042.
(B) Ray Kenney et. al., to Glen R. and Dorothy L. Herman by Deed
dated April 29, 1977 and recorded in the Cumberland County
Recorder of Deeds Office in Deed Book "D", Volume 27, Page
259. f
(C) Glen R. Herman and Dorothy L. Herman to S. S. Potteiger by
Deed dated January 28, 1978 and recorded in the Cumberland
County Recorder of Deeds Office in Deed Book "C", Volume 29,
Page 627.
(D) S. S. Potteiger to Aaron Potteiger by Deed dated November 18,
1992 and recorded in the Cumberland County Recorder of Deeds
Office in Deed Book "A", Volume 36, Page 52.
(E) Aaron Potteiger to Aaron Potteiger and Donna M. Potteiger by
4
Deed dated June lo, 1993 and recorded in the Cumberland
County Recorder of Deeds Office in Deed Book "I", Volume 36,
Page 536.
(F) Aaron Potteiger and Donna M. Potteiger to Guy A. Eckert
(Plaintiff) by Deed dated June 15, 1993 and recorded in the
Cumberland County Recorder of Deeds Office in Deed Book "I",
Volume 36, Page 653.
5. As to Defendants, George F. Sullenberger, Jr. and Ellen Marie
Sullenberger, husband and wife, their abstract of title becomes clear
with the conveyance into W. A. Shellahamer, Jr., by Deed dated November
6, 1890 and recorded in the Cumberland County Recorder of Deeds Office
in Deed Book "T", Volume 13, Page 539.
From that point on, the abstract is as follows:
(A) The Estate of W. A. Shellehamer to Sara E. Whitzel by Deed
dated November 30, 1948 and recorded in the Cumberland County
Recorder of Deeds Office in Deed Book "Y", Volume 13, Page
491.
(B) Sara E. Whitzel to Alfred and May Hartman by Deed dated April
30, 1951 and recorded in the Cumberland County Recorder of
Deeds Office in Deed Book "S", Volume 14, Page 104.
(C) Alfred and May Hartman to George F. Sullenberger, Jr., by
Deed dated April 25, 1978 and recorded in the Cumberland
County Recorder of Deeds Office in Deed Book "T", Volume 27,
Page 576.
(D) George F. Sullenberger, Jr., and Ellen Marie Sullenberger to
5
George F. Sullenberger, Sr., and Aleatha E. Sullenberger by
Deed dated December 28, 1983 and recorded in the Cumberland
County Recorder of Deeds Office in Deed Book "H", Volume 33,
Page 1193.
(E) George F. Sullenberger, Sr., and Aleatha E. Sullenberger to
George F. Sullenberger, Jr., and Ellen Marie Sullenberger by
Deed dated May 16, 1988 and recorded in the Cumberland County
Recorder of Deeds Office in Deed Book "J", Volume 33, Page
601.
6. Defendants, George F. Sullenberger, Jr., and Ellen Marie
Sullenberger, husband and wife, are the legal record owners of real
property with certain improvements erected thereon situate in Silver
Spring Township, Cumberland County, Pennsylvania, being bounded and
described as follows:
ALL THAT CERTAIN tract of land situate in Silver Spring Township,
Cumberland County, Pennsylvania, bounded and described as follows,
to wit:
BEGINNING at a point on the southern dedicated right-of-way line
of Sample Bridge Road, said point being referenced and located two
thousand seven hundred ninety and zero one-hundredths (2,790.00)
+/- feet from the intersection of Millers Gap Road and Samples
Bridge Road; thence from said point of beginning in an easterly
direction along an arc of a curve, curving to the left, having a
radius of one thousand eight hundred fifty and zero one-hundredths
(1,850.00) feet and an arc length of one hundred twenty-nine and
two one-hundredths (129.02) feet to a point; thence along land now
rirry-seven one-nunoreaths (284.57) feet to a point; thence along
other land now or late of the Mechanicsburg Sportsmans Club North
87 degrees 31 minutes 41 seconds West, a distance of one hundred
thirty-four and twenty one-hundredths (134.20) feet to a point;
thence along other land now or late of the Mechanicsburg
Sportsmans Club North 07 degrees 35 minutes 15 seconds East, a
6
distance of two hundred fifty-five and fifty-six one-hundredths
(255.56) feet to a point the place of BEGINNING. (emphasis
supplied)
7. Plaintiff's property and Defendants' property are adjacent
and share a common boundary, which common boundary is indicated by the
underlined portions of the respective legal descriptions for the two
(2) properties, said legal descriptions appearing in Paragraph 3 and
Paragraph 7 hereinabove.
8. Plaintiff and Defendants have a common source of title to
their respective properties, same being the Patent issued to James
McIlroy, Patent No. P-28-169 as set forth hereinabove and depicted on
Exhibit "B".
9. Plaintiff has had his property surveyed by Milton H. Davis,
L.S., said survey being reduced to a drawing, same being dated November
15, 1993, a copy of which is attached hereto, marked Exhibit "D" and
incorporated herein.
10. Since November 15, 1993, the date on which Milton H. Davis,
L.S., completed the drawing (legal description) for Plaintiff's
property, Defendant has maintained an apartment building, an oil tank,
a private utility pole, a water line and a retaining wall, being
encroachments, on Plaintiff's property, all to the exclusion of
Plaintiff, and all as located and described on Exhibit "D"
hereinabove.
11. Since on or after November 15, 1993, Plaintiff has
continually notified Defendants to remove said items from Plaintiff's
property (an apartment building, an oil tank, a private utility pole, a
7
water line and a retaining wall), all without success.
12. Defendant, since November 15, 1993, has exercised and
continues to exercise exclusive possession and control over that
portion of Plaintiff's property as described and referred to in
Paragraph 10 hereinabove.
13. Defendant continues to maintain a house, an oil tank, a
private utility pole, a portion of a septic system and a retaining wall
on Plaintiff's property as described herein, all to the exclusion of
Plaintiff.
14. Plaintiff is entitled to immediate and exclusive possession
of that portion of his property which Defendants occupy as set forth
herein.
WHEREFORE, Plaintiff respectfully requests that your Honorable
Court grant the following relief:
(1) Enter judgement in favor of Plaintiff and against Defendants
George F. Sullenberger, Jr., and Ellen Marie Sullenberger, husband
and wife, for immediate and exclusive possession of real property
as described herein:
ALL THAT CERTAIN tract of land situate in Silver Spring
Township, Cumberland County, Pennsylvania, being bounded and
described as follows, to wit:
BEGINNING at a nail in the center of Sample Bridge road, said
nail being 0.6 mile East of Millers Gap Road (Public Township
Road T-596) ; thence along the center line of said Sample
Bridge Road, North 63 degrees 38 minutes East, a distance of
three hundred thirty-nine and sixty-five one-hundredths
(339.65) feet to a point on the line between the herein
described land and land now or formerly of Ray Lowery; thence
along the aforesaid line between property herein conveyed and
lands now or formerly of Ray Lowery, South 04 degrees East, a
distance of eight hundred forty-five and zero one-hundredths
8
(845.00) feet to an iron pipe; thence along the line of lands
of the Mechanicsburg Sportman's Association, South 79 degrees
06 minutes 00 seconds West, a distance of three hundred
sixteen and forty one-hundredths (316.40) feet to a point;
thence along the line of lands now or formerly of Susan M.
Magaro and lands now or formerly of Alfred W. Hartman, North
04 degrees West, a distance of seven hundred fifty-four and
zero one-hundredths (754.00) feet to a point in the Public
Township Road (T-596), Sample Bridge Road, the point and
place of BEGINNING.
CONTAINING 5.77 acres.
(2) Enter an Order of Court directing Defendants, George
F. Sullenberger, Jr., and Ellen Marie Sullenberger, husband
and wife, to immediately remove any and all obstructions,
including, but not necessarily being limited to, an apartment
building, an oil tank, a private utility pole, a water line
and a retaining wall, said obstacles being placed on the
property by either Defendants or their predecessors in title
and, further, to restore Plaintiff's land to its original
condition, all at Defendants' sole cost and expense;
(3) Enter an Order of Court directing Defendants to pay
for and assume Plaintiff's court costs, engineering fees,
surveying fees, and legal costs and fees; and
(4) Any other relief deemed just and equitable.
Respectfully submitted,
jz. a,&
DATED: July ?)Z , 1999 Ja es D. Boga Esquire
Attorney for Plaintiff
1 West Main Street
Shiremanstown, PA 17011
717-737-8761
9
VERIFICATION
I verify that the statements made in this Complaint are true and
correct. I understand that unsworn statements herein are made subject
to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn
falsification to authorities.
DATE: 1999
Q Guy A. Eckert
?-6-Q-63W
Rec;INncll or Nteus
Cullul( 1LA110 couHfy-I'A
'93 JUN 16 !)P) 0 15
THIS DEED
MARL this 15th day of Jane, One Thousand Nine Hundred Ninety-
three (199:1) by acid hetweell:
AARON PO'1TEIGLN and DONNA M. POTTEIGER,
husband and wife, of Silver Spring Township,
Cumberland County, Pennsylvania, parties of
the first part, hereinafter called
"Grantors",
AND
GUY A. ECKERT, single person, of the same
place, party of the second part, hereinafter
tolled "Grantee":
WITNLSSET11: that in consideration of the sum of One and No/100
($1.00) Dollar in hand paid by Grantee to Grantors, the receipt
whereof is hereby acknowledged by said Grantors, the said
Grantors do hereby grant and convey unto the said Grantee, his
heirs and assigns, "
ALL T11AT CERTAIN tract of land situate in the Township of
Silver Spring, county of Cumberland slid State of Penney lvanla,
bounded and described in accordance with a Survey made by Ernest
Walker, Professional Engineer, on March 10, 1976, as follows, to
wit:
IILGI14111NG at a nall in the center of Sample Bridge Road,
said nail being 0.6 mile Last of Millers Gap Road (Public
Township Road 1P-596); thence along the center line of said Sample
Bridge Road, North 63 degrees 30 minutes East, a distance of
three hundred thirty-nine and sixty-five hundredths (339.65) feet
to a point on the line between the herein described land and land
now or formerly of Ray Lowery; thence along the aforesaid line
between property herein conveyed and lands now or formerly of Ray
Lowery, South 4 degrees East, a distance of eight hundred forty-
five (645) feet to an iron pipe; thence along the line of lands
of the Mechanicsburg sportman's Association, South 79 degrees 6
minutes West, it distance of three hundred sixteen and forty
hundredths (316.40) feet to a point; thence along the line of
lands now or formerly of Susan M. Magaro and lands now or
formerly of Alfred W. Hartman, North 4 degrees West, a distance
of seven hundred fifty-four (754) feet to a point in the Public
'rownahip Road ('1'-596), Sample Bridge Road, the point and place of
BEGINNINC.
CONTAINING 5.77 acres.
BEING the same premises which Aaron Potteiger by his deed
dated June 10, 1993, and recorded in the office of the Recorder
of Deeds in and for Cumberland County, Pennsylvania, in Deed Book
"I", Volume 36, Page 536, granted and conveyed Unto himself and
Donna M. Potteiger, his wife, the GranLors herein.
This deed is it transfer from mother and step-father to
son/stepson; and, therefore, is exempt from realty transfer tax.
.,,
Jam.
DNS)- 36 WE 653
EXHIBIT A
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FIGURE I `^XHIEIT B
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Ana the uald Granturs hureby covenant and agree that they will
war runt Npeu lal ly the pruperty Ile ruby uunveyed.
IN WITNESS WN EREOF, the Grantors have hereunto Net their handu
and Neale tale day and year above written.
W1'1-N'SSE 11.1-:
`./ Aaron Pot •e ger
(SEAL)
Donna M. Potts g
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
On this, the /.Su day of 19.co„.c?, 1999, pefore me,
a Notary Public in and for the Commonwealth Lnd County aforesaid,
the undersigned officer, personally appeared. AARON POTTEIGER and
DONNA M. POTTL••IGER, husband and wife, known to too (or
satisfactorily proven) to be the persons whose names are
subscribed to the within ipstrument, and acknowledged that they
executed the same for the purposes therein contained. '
IN WITNESS WHEREOF, 1 herounto set my hand and official
seal.
N tary Public
"CERTIFICATE OF RESIDENCE
S;eta of Ponnaylvallla SS
County of Cumborlond
l: ,:urdaJ In Iha offloe for the rocortling of Dueds
d to( Cumth'(1(I County r I
ctn
in,c. Ise.d< _a_vel.>!?i- tk.p*
Y,.In ac my 11"11(1 " dd ".&I of offlc of
Curial", I.A 11 1fC_Vey o 1?- 1Y ?
?E
H rds. ?-?
bons- 36 A PACE 654
I hareby certify that the precise residence and complete
post office address of the within named antee is -A75 Sonpt?
TA 1-la-LV
J tlnc /s , 1999 .?L(??L/
?-whey Por Grantee
EXHIBIT 4
EXHIBIT
N/L COMMONWEALTH OFPENNSYLVANIA
' PENNSYLVANIA STATE CAME LANDS I
L- 3101
i
NIL MARGARET R. HENRY - \ .
:OOZE. 0.9,29-0-239 f \
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NIL NEVIN L, NAILON
D. B, 31_1-1020
` MIL CP
v NIL GEORGE F. SULLEHBEROER, JR. -` - -
S.OA•00'00 E OB 33-,1.6016603 L61
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k NOTE: REPUTED TO BE SUSAN MAG4R0. NO RECORDED
OEEO FOUND FOR THIS TRACT.
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DRAWING OF PROPERTY.
FOR
GUY A. ECKERT
SILVER SPRING TWP. CUMBERLANb COUNTY
PENNSYLVANIA
DATE: NOVEMBER, 15,19WAW
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']NI'IYNCiLYNq{M ?61Y16'lT' M.p YT9616IY" I,
GUY A. ECKERT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 99.yv?f CIVIL 1999
V.
GEORGE F. SULLENBERGER, JR.
and ELLEN MARIE SULLENBERGER,
Husband and Wife,
Defendants IN EJECTMENT
PRAECIPE FOR LIS PENDENB
To the Prothonotary:
Please index the above-captioned Action of Ejectment as a
Lis Pendens against the following real property:
ALL THAT CERTAIN tract of land situate in Silver Spring
Township, Cumberland County, Pennsylvania, bounded and
described as follows, to wit:
BEGINNING at a point on the southern dedicated right-of-way
line of Sample Bridge Road, said point being referenced and
located two thousand seven hundred ninety and zero one-
hundredths (2,790.00) +/- feet from the intersection of
Millers Gap Road and Samples Bridge Road; thence from said
point of beginning in an easterly direction along an arc of
a curve, curving to the left, having a radius of one
thousand eight hundred fifty and zero one-hundredths
(1,850.00) feet and an arc length of one hundred twenty-nine
and two one-hundredths (129.02) feet to a point; thence
along land now or late of the Mechanicsburg Sportsman Club
South 05 degrees 19 minutes 19 seconds West, a distance of
two hundred eighty-four and fifty-seven one-hundredths
(284.57) feet to a point, (emphasis supplied) thence along
other land now or late of the Mechanicsburg Sportsmans Club
North 87 degrees 31 minutes 41 seconds West, a distance of
one hundred thirty-four and twenty one-hundredths (134.20)
feet to a point; thence along other land now or late of the
Mechanicsburg Sportsmans Club North 07 degrees 35 minutes 15
seconds East, a distance of two hundred fifty-five and
fifty-six one-hundredths (255.56) feet to a point the place
of BEGINNING.
SAID lot contains 34,616.06 square feet or 0.795 acres.
BEING the same premises which George F. Sullenberger, Sr.,
and Aleatha E. Sullenberger, husband and wife, by Deed dated
May 16, 1988 and recorded June 3, 1988 in the Cumberland
County Recorder of Deeds Office in Deed Book "J", Volume 33,
A
Page 601, granted and conveyed unto George F. Sullenberger,
Jr., and Ellen Marie Sullenberger, husband and wife, the
Defendants herein.
I hereby certify that this action effects title to or other
interest in the above-described real property.
Date: hgz 19L IQRy
Jame D. Boga Esquire
Pa. 1. D. No. 475
1 West Main Street
Shiremanstown, PA 17011
(717) 737-8761
Attorney for Plaintiff,
Guy A. Eckert
MkECIPE'FOR LISTLNG CASE FOR TRIAL
(Must be typewritten and submitted in duplicate)
TO THE PROTHONOTARY;'OF CUMBERLAND COUNTY
Please USE the following case:
(Check one) ( ) for JURY trial at the next term of civil court,
( X ) for trial without a jury.
CAPTION OF CASE
(entire caption must be stated in full)
GUY A. EaCERT,
(check one)
( ) Assumpsit
( ) Trespass
(EQUITY)
( ) Trespass (Motor Vehicle)
(X ) Equity/Ejectment
(other)
VS.
(Plaintiff)
GEORGE F. SULLENBERGER, JR., and
ELLEN MARIE SULLENBERGER, Husband
and Wife,
VS.
(Defendant)
Pretrials will be held on
(Briefs are due 5 days before
pretrials)
(The party listing this case for '
trial shall provide forthwith a
copy of the praecipe to all
counsel, pursuant to local Rule'
214-1.)
99-4455 99
No. Civil !9_
Indicate the attorney who will try case for the party who tiles this praecipe: James D. Boqar, Esquire,
One West Main Street, Shiremanstown, PA 17011 (717) 737-8761
Indicate trial counsel for other parties if known: Killian & Gephart, LLP - Smith Barton
Gephart, Esquire, 218 Pine Street, P.O. Box 886, Harrisburg, PA -
This case is ready for vial.
Signed: A
Print.Nama: James D. 4, Esquire
Date: July 5, 21100 Attorney for, Guy A. Eckert, Plaintiff
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04455 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ECKERT GUY A
VS.
SULLENBERGER GEORGE F JR ET AL
SHANNON SUNDAY Sheriff or Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within PRECEPIE FOR LIS PENDENS was served
upon SULLENBERGER GEORGE F JR the
defendant, at 11:23 HOURS, on the 2nd day of August
1999 at 65 MILLERS GAP ROAD
ENOLA, PA 17025 CUMBERLAND
County, Pennsylvania, by handing to ELLEN M. SULLENBERGER
a true and attested copy of the PRECEPIE FOR LIS PENDENS
together with AND NOTICE AND COMPLAINT IN EJECTMENT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answer
Docketing 18.00
Service 6.20 2
Affidavit .00
Surcharge 8.00 _ omas ine,
0 eri-
S32-ZU-8fES D.%BOGAR
08/03/1999 1
by uJArcnnr*rl x711
epu y eri
Sworn and subscribed to before me
this dnk day of
19 A.D.
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SHERIFF'S RETURN - REGULAR
CASE NO: 1999-04455 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
ECKERT GUY A
VS.
SULLENBERGER GEORGE F JR ET AL
SHANNON SUNDAY Sheriff 0r Deputy Sheriff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within PRACEPIE FOR LIS PENDENS was served
upon SULLENBERGER ELLEN MARIE the
defendant, at 11:23 HOURS, an the 2nd day of August
1999 at 65 MILLERS GAP ROAD
ENOLA, PA 17025 CUMBERLAND
County, Pennsylvania, by handing to ELLEN M. SULLENBERGER
a true and attested copy of the PRACEPIE FOR LIS PENDENS
together with AND NOTICE AND COMPLAINT IN EJECTMENT
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs: So answers:
Docketing 6.00
Service .00
Affidavit .00 1 .,t?
Surcharge 8.00 hlr i
S74. U-JADES D. BOGAR
08/03/1999
by
11,C I,nf'41 ?7Y1. nG nAi
eri
Sworn and subscribed to before me
this 3.t.1 day of
19-9 A. D.
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ORIGINAL
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iSYLVANIA 17106.0868 -
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GUY A. ECKERT,
Plaintiff
V.
GEORGE F. SULLENBERGER, JR.
and ELLEN MARIE SULLENBERGER,
Husband and Wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 99-4455
IN EJECTMENT
ANSWER TO COMPLAINT IN EJECTMENT
AND NOW come Defendants, GEORGE F. SULLENBERGER, JR., and
ELLEN MARIE SULLENBERGER, by and through their attorneys, Killian
& Gephart, LLP, and set forth the following Answer to Complaint in
Ejectment:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
8. Admitted.
9. Neither admitted nor denied
Defendants are without
Buff icient knowledge upon which to base an answer to the averment
that Plaintiff had his property surveyed by Milton H. Davis, L.S.
By way of further answer, Exhibit "D" of the complaint speaks for
itself.
10. Neither admitted nor denied. Defendants are without
sufficient knowledge upon which to base an answer to the averment
that Defendants have maintained an apartment building, an oil tank,
a private utility pole, a water line and a retaining wall on
Plaintiff's property.
11. Admitted in part and denied in part. It is admitted that
Plaintiff has notified Defendants of the alleged encroachment. By
way of further answer, Plaintiff has not "continually" requested
Defendants to remove said items.
12. Neither admitted nor denied. Defendants are without
sufficient knowledge upon which to base an answer to the averment
that Defendants have exercised exclusive possession and control
over any portion of Plaintiff's property.
13. Neither admitted nor denied. Defendants are without
sufficient knowledge upon which to base an answer to the averment
that they have maintained any portion of Plaintiff's property.
14. No answer required. The averment contained in paragraph
14 is a conclusion of law to which no response is required.
WHEREFORE, Defendants request this Honorable Court to deny
Plaintiff's requests for relief.
Respectfully submitted,
KILLIAN & GEPHART
4
B dley Schu Esquire
torney I.D. # j54
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
Dated: September 1, 1999
Attorneys for. Defendants
2
VERIFICATION
I, Bradley A. Schutjer, hereby verify that I am the attorney
for Defendants, George F. Sullenberger, Jr., and Ellen Marie
Sullenberger . I have sufficient knowledge or information based
upon investigation into this matter by my clients, to take this
Verification. I hereby verify that the statements in the foregoing
Answer to Complaint in Ejectment are true and correct to the best
of my knowledge, information, and belief. I understand that false
statements contained herein are made subject to the penalties of 18
Pa. C.S.A. §4904 relative to unsworn falsification to authorities.
Dated: September 1, 1999
CERTIFICATE OF SERVICE
I do certify that I served a true and correct copy of the
within document upon the following via (a) facsimile transmission
to 697-7681 and (b) by depositing a copy of same in the United
States mail, postage prepaid, addressed as follows:
James D. Bogar, Esquire
1 West Main Street
Shiremanstown, PA 17011
91_ /I
Br dleylA. Schutj Esqui
Man & Gephar
218 Pine Street
P. 0. Box 886
Harrisburg, PA 17108-0886
(717) 232-1851
Dated: September 1, 1999
Attorneys for Defendants
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GUY A. ECKERT, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
GEORGE F. SULLENBERGER,
JR., and ELLEN MARIE
SULLENBERGER,
Defendants NO. 99-4455 CIVIL TERM
IN RE: PRETRIAL CONFERENCE
At a pretrial conference held Friday,
September 1, 2000, before the Honorable Edward E. Guido,
Judge, present for the Plaintiff was James D. Bogar,
Esquire, and present for the Defendant was Smith Barton
Gephart, Esquire.
In light of newly discovered evidence, both
counsel agree that additional discovery may be appropriate.
Therefore, they further agree that this matter is not at
issue.
Either counsel may relist this case for
trial at an appropriate time.
James D. Bogar, Esquire
One West Main Street
Shiremanstown, PA 17011
By the Court,
Edward E. Guido, J.
Smith B. Gephart, Esquire
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108
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GUY A. ECKERT,
Plaintiff
V.
GEORGE F. SULLENBERGER, JR.,
and ELLEN MARIE SULLENBERGER,
Defendants
: IN THE COUR
: CUMBERLAND
NO. 99-44
CIVIL ACT
rY?
AND NOW, this 2N day of AUGUST, 2000, a pretrial
conference in the above-captioned matter is SCHEDULED for Friday,
,9eptember i 000 a 8:3o a.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.
By the Cour ,
Edward E. Guido, J.
CC: James D. Bogar, Esquire
/YW?a? ?, 0 3 W
Smith Barton Gephart, Esquire ^
Assistant Court Administrator Taryn Dixon n )
GUY A. ECKERT,
Plaintiff
V.
GEORGE F. SULLENBERGER, JR.,
and ELLEN MARIE SULLENBERGER,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4455 CIVIL TERM
CIVIL ACTION - LAW
AND NOW, this 2M day of AUGUST, 2000, a pretrial
conference in the above-captioned matter is SCHEDULED for Friday,
September 1. 2000. at 8:30 a.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.
CC: James D. Bogar, Esquire
- da" ..t F. 0 3 W a
Smith Barton Gephart, Esquire J
Assistant Court Administrator Taryn Dixon n
By the Cour ,
Edward E. Guido, J.
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GUY A. ECKERT,
Plaintiff
V.
GEORGE F. SULLENBERGER, JR.
and ELLEN MARIE SULLENBERGER,
Husband and Wife,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 99-4455 CIVIL TERM
IN EJECTMENT
PLAINTIFFIS
PRE-TRIAL STATEMENT PURSUANT TO
PA.R.C.P.No. 212.1 AND CUMB. CO.R.C. 212-4
1. STATEMENT OF THE CASE
This is an ejectment action requesting immediate and
exclusive possession of real property and related relief.
II. TYPES AND AMOUNT OF DAMAGES CLAIMED
Plaintiff is requesting immediate and exclusive possession
of certain real property as specifically described in the
Complaint, along with a request that Defendants immediately
remove any and all obstructions that exist on Plaintiff's land
and to restore Plaintiff's land to its original condition.
Plaintiff is also requesting that the Court direct Defendants to
pay for and assume Plaintiffs court costs, engineering fees,
surveying fees, legal costs and fees, all of which are
substantial. Given that this is an Action in Equity, Plaintiff
also requests any other relief deemed just and equitable.
III. NAMES AND ADDRESSES OF PLAINTIFFIS WITNESSES
Guy A. Eckert, 475 Sample Bridge Road, Enola, PA 17025
John Clark, Robert G. Hartman & Associates, Inc.,
2101 Orchard Road, Camp Hill, PA 17011
Milton H. Davis, 107 Slover Road, Mechanicsburg, PA 17055
IV. PLAINTIFFIS EXHIBITS
1. Deed dated June 15, 1993 between Aaron Potteiger and
Donna H. Potteiger, husband and wife, and Guy A. Eckert, recorded
in the Cumberland County Recorder of Deeds Office in Deed Book I,
Volume 36, Page 653. (Exhibit "A" as attached to Complaint)
2. Survey - Boundary Retracement Survey Report for Larry M.
Nelson (Exhibit "B" as attached to Complaint)
3. Survey by Robert G. Hartman & Associates, Inc. (Exhibit
"C" as attached to Complaint)
4. Surveys prepared by Milton H. Davis (Exhibit "D" as
attached to Complaint)
5. Survey prepared by Robert G. Hartman & Associates, Inc.
(Exhibit "E" attached to Complaint)
6. Abstract of Title of Plaintiff as appears in Paragraph 4
of Complaint.
7. Abstract of Title of Defendants' as appears in Paragraph
5 of Complaint.
V. REPORTS OF PLAINTIFF'S EXPERT WITNESSES
John Clark, Robert G. Hartman & Associates, Inc. -
Boundary Retracement Survey Report for Larry M. Nelson as above-
referenced, along with Survey by Robert G. Hartman & Associates,
Inc. as above-referenced.
VI. STIPULATIONS
Plaintiff requests confirmation that the Defendants have
stipulated to the authenticity and admissibility of all
Plaintiff's exhibits as above-stated.
VII. ADDITIONAL INFORMATION PURSUANT TO LOCAL RULE
A. Statement of Principal Issues of Liability and Damages
1. Liability - The principal issue is whether or not
Plaintiff is entitled to immediate and exclusive
possession of certain real property as described in the
Complaint.
2. Damages - Damages are as set forth in Section II
hereinabove.
2
B. Summary of Legal Issues
1. The principal issue is whether or not Plaintiff is
entitled to immediate and exclusive possession of
certain real property as described in the Complaint.
2. Damages - Damages are as set forth in Section II
hereinabove.
C. Status of Settlement Negotiations
1. Plaintiff's Demand - Plaintiff's demand is as per
stated in Section II hereinabove.
2. Defendants Offer - Defendants appear to have agreed to
remove the obstructions and to allow confirmation of
title of real estate as requested. However, no firm
date or commitment has been given. No other offers
relative to the other relief requested by Plaintiff
have been made by Defendants.
Respectfully submitted,
Dated: August 25, 2000 By: o
J mes D. B g r, Esquire
Attorney f Plaintiff
3
CERTIFICATE OF SERVICE
I, James D. Boger, Esquire, hereby certify that I am this
day serving the foregoing Plaintiff's Pre-trial Statement
Pursuant to PA.R.C.P.No. 212.1 and Cumb. CO.R.C. 212-4 upon the
following named individual this day by depositing same in the
United states Mail, First Class, postage prepaid, at
Shiremanstown, Pennsylvania, addressed as follows:
S. Barton Gephart, Esquire
Killian & Gephart
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108-0886
Date: August 25, 2000
Jam s D. Bo a Esquire
Attorney fo laintiff
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-AUG 2 5 ?DDO? Ir
JAMES D. BOGAR '
ATTORNEY AT LAW i -?
ONE WEST MAIN STREET
SHIREMANSTOWN, PENNSYLVANIA 17011 ! :.
c-mall bo8arlaw@czonllne.com TELEPHONE
(717) 737-8761
FACSIMILE
(717) 737-2086
August 25, 2000
Richard J. Pierce
Court Administrator
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013-3387
RE: Guy A. Eckert v. George F.
Sullenberger, Jr., and
Ellen Marie Sullenberger
No. 99-4455 Civil
Dear Mr. Pierce:
In accordance with Local Rules, I enclose herewith
Plaintiff Is Pre-trial Statement Pursuant to PA.R.C.P.No. 212.1
and Cumb. CO.R.C. 212-4. This matter is scheduled for Pre-Trial
Conference before The Honorable Edward E. Guido, at 8:30 a.m. on
Friday, September 1, 2000.
Please advise if any additional information or submittals
are required. As always, your time and consideration is greatly
appreciated.
V tOr? yours,
J ES D. GA
JDB/lak
Enclosure
cc: Guy A. Eckert (w/encl.)
S. Barton Gephart, Esquire (w/encl.)
THE LAW FIRM OF
KILLIAN'& GEPHART
218 PINEBTREET
' P. O. Box BBB
ORIGINAL
.y
CERTIFIED GDPY
SBURG.' PENNSYLVANIA 17105.0866
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GUY A. ECKERT, IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 99-4455 CIVIL TERM
GEORGE F. SULLENBERGER, JR.
and ELLEN MARIE SULLENBERGER,:
Defendants : CIVIL ACTION -LAW
DEFENDANTS' PRE-TRIAL
MEMORANDUM
1. Statement of the Facts as to Liability
Plaintiff has alleged that a portion of Defendants apartment building, an oil tank, a
private utility pole, a water line and a retaining wall are encroaching upon his property.
These facts are undisputed. However, it is Defendants contention that a prior contract was
entered into whereby Defendants' father issued payment to Plaintiff's step-grandfather in the
amount of $25,000 for an easement to build and/or maintain a portion of the apartment
complex on Plaintiff's property along with erecting/constructing the other previously
described items on Plaintiff's property. A note was drafted identifying this agreement,
however, Defendants are not in possession of this contract.
H. Statement of the Facts as to Damages
If it is determined that the note is an enforceable contract, Plaintiff has not sustained
any damages in this case. In the event that the note is not enforceable, Plaintiff requested
that the apartment complex be demolished and the other items be removed from Plaintiff's
property, the alleged note entered into by the step-grandfather of the property be extinguished
without payment or transfer of property and the reimbursement of costs and attorneys fees
for instituting this action against Defendants.
III. Statement of the Issues of Liability
Defendants contend that they obtained an easement to encroach upon Plaintiffs
property which may be evidenced by the contract entered into by Plaintiff's step-grandfather
and Defendants' father.
IV. Statement as to the Issues of Damages
If the note/contract is unenforceable, an issue remains as to what costs and fees
Plaintiff is entitled to be reimbursed by Defendants. It is Defendants' contention that they
do not owe Plaintiff costs and fees since Defendants had a reasonable belief that they
obtained an easement to encroach upon Plaintiffs property.
V. Summary of Legal Issues
Whether the alleged note is enforceable against Plaintiff.
VI. Identity of Witnesses
Defendant, George F. Sullenberger, Jr.
VII. List of Exhibits
A. Copy of the note/contract entered into by the step-grandfather and father ofthe
parties, if one exists.
2
VIII. Status of Settlement Negotiation
Plaintiff has requested a settlement that would require (1) a written agreement to
remove the comer of the apartment building and the other items that encroach upon
Plaintiff's property; (2) a time limit to remove the encroachment with a penalty for each day
the apartment building continues to encroach upon Plaintiff's property after the time limit;
(3) satisfaction of the note entered into between Plaintiffs step-grandfather and Defendants'
father; (4) agreement to pay costs and fees. Defendants have agreed to enter into a written
agreement to remove all encroachments on Plaintiffs' property and establish a time limit in
order to remove the encroachments with a penalty for each day the encroachment continues
beyond the time limit. Also, Defendants have agreed to extinguish the note without any
additional action. However, Defendant does not agree to pay Plaintiffs' costs and fees in this
matter due to their reasonable belief that they obtained an easement allowing them to
encroach upon Plaintiffs property.
Respectfull submitted,
Smith B. ephart, Esquire
Attorney . D. #06864
Michael J. O'Connor, Esquire
Attorney I. D. #76127
Killian & Gephart
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108
(717)232-1851
Dated: August Z5" 2000
Attorneys for Defendants
3
CERTIFICATE OF SERVICE
I, MARIA BARLETTA LaRUE, an employee with the law firm of Killian & Gephart,
do certify that I served a true and correct copy of the within document upon the following
by depositing a copy of same in the United States mail, postage prepaid, addressed as
follows:
James D. Bogar, Esquire
1 West Main Street
Shiremanstown, PA 17011
Maria Barletta LaRue
Killian & Gephart
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108
(717) 232-1851
Dated: August 25, 2000
I ..
-.: THE LAW FIRM OF
KILLIAN.&'GEPHART
EIl PINECWHEET-
P.O.EOMEEE
SBURG..PENNSYLVANIA 17108.0888
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GUY A. ECKERT, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: NO. 99-4455 CIVIL TERM
GEORGE F. SULLENBERGER, JR.
and ELLEN MARIE SULLENBERGER,:
Defendants : CIVIL ACTION - LAW
DEFENDANTS' PRE-TRIAL
MEMORANDUM
1. Statement of the Facts as to Liability
Plaintiff has alleged that a portion of Defendants apartment building, an oil tank, a
private utility pole, a water line and a retaining wall are encroaching upon his property.
These facts are undisputed. However, it is Defendants contention that a prior contract was
entered into whereby Defendants' father issued payment to Plaintiff's step-grandfather in the
amount of $25,000 for an easement to build and/or maintain a portion of the apartment
complex on Plaintiff's property along with erecting/constructing the other previously
described items on Plaintiff's property. A note was drafted identifying this agreement,
however, Defendants are not in possession of this contract.
II. Statement of the Facts as to Damages
If it is determined that the note is an enforceable contract, Plaintiff has not sustained
any damages in this case. In the event that the note is not enforceable, Plaintiff requested
that the apartment complex be demolished and the other items be removed from Plaintiff's
property, the alleged note entered into by the step-grandfather oftheproperty be extinguished
without payment or transfer of property and the reimbursement of costs and attorneys fees
for instituting this action against Defendants.
III. Statement of the Issues of Liability
Defendants contend that they obtained an easement to encroach upon Plaintiff's
property which may be evidenced by the contract entered into by Plaintiff's step-grandfather
and Defendants' father.
IV. Statement as to the Issues of Damages
If the note/contract is unenforceable, an issue remains as to what costs and fees
Plaintiff is entitled to be reimbursed by Defendants. It is Defendants' contention that they
do not owe Plaintiff costs and fees since Defendants had a reasonable belief that they
obtained an easement to encroach upon Plaintiff's property.
V. Summary of Legal Issues
Whether the alleged note is enforceable against Plaintiff.
VI. Identity of Witnesses
Defendant, George F. Sullenberger, Jr.
VII. List of Exhibits
A. Copy of the note/contract entered into by the step-grandfather and father of the
parties, if one exists.
2
VIII. Status of Settlement Negotiation
Plaintiff has requested a settlement that would require (1) a written agreement to
remove the corner of the apartment building and the other items that encroach upon
Plaintiff's property; (2) a time limit to remove the encroachment with a penalty for each day
the apartment building continues to encroach upon Plaintiff's property after the time limit;
(3) satisfaction of the note entered into between Plaintiff's step-grandfather and Defendants'
father; (4) agreement to pay costs and fees. Defendants have agreed to enter into a written
agreement to remove all encroachments on Plaintiffs' property and establish a time limit in
order to remove the encroachments with a penalty for each day the encroachment continues
beyond the time limit. Also, Defendants have agreed to extinguish the note without any
additional action. However, Defendant does not agree to pay Plaintiffs' costs and fees in this
matter due to their reasonable belief that they obtained an easement allowing them to
encroach upon Plaintiff's property.
Y .
Michael J. O'Connor, Esquire
Attorney I. D. #76127
Killian & Gephart
218 Pine Street
P. O. Box 886
Harrisburg, PA 17108
(717)232-1851
Dated: August 70 , 2000
Attorneys for Defendants
Respectful] submitted,
Smith B. ephart, Esquire
Attorne D. #06864
3
CERTIFICATE OF SERVICE
I, MARIA BARLETTA LaRUE, an employee with the law firm of Killian & Gephart,
do certify that I served a true and correct copy of the within document upon the following
by depositing a copy of same in the United States mail, postage prepaid, addressed as
follows:
James D. Bogar, Esquire
I West Main Street
Shiremanstown, PA 17011
Maria Barletta LaRue
Killian & Gephart
218 Pine Street
P.O. Box 886
Harrisburg, PA 17108
(717) 232-1851
Dated: August 25, 2000
GUY A. ECKERT,
Plaintiff
V.
GEORGE F. SULLENBERGER, JR.
and ELLEN MARIE SULLENBERGER,:
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4455 CIVIL TERM
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 3001 day of Tamar
2001, upon review
of the attached Stipulation and Agreement dated June 25, 2001,
2001, by and between the parties hereto and, further, upon the
representations of James D. Bogar, Esquire, attorney for Guy A.
Eckert and Michael J. O'Connor, Esquire, attorney for George F.
Sullenberger, Jr. and Ellen Marie Sullenberger, it is Ordered and
directed as follows:
1. Guy A. Eckert shall, forthwith, have immediate and
exclusive possession of real property being described as follows:
ALL THAT CERTAIN tract of land situate in Silver Spring
Township, Cumberland County, Pennsylvania, being
bounded and described as follows, to wit:
BEGINNING at a nail in the center of Sample Bridge
road, said nail being 0.6 mile East of Millers Gap Road
(Public Township Road T-596) ; thence along the center
line of said Sample Bridge Road, North 63 degrees 39
minutes East, a distance of three hundred thirty-nine
and sixty-five one-hundredths (339.65) feet to a point
on the line between the herein described land and land
now or formerly of Ray Lowery; thence along the
aforesaid line between property herein conveyed and
lands now or formerly of Ray Lowery, South 04 degrees
East, a distance of eight hundred forty-five and zero
one-hundredths (845.00) feet to an iron pipe; thence
along the line of lands of the Mechanicsburg
Sportsman's Association, South 79 degrees 06 minutes 00
i
i
seconds West, a distance of three hundred sixteen and
forty one-hundredths (316.40) feet to a point; thence
along the line of lands now or formerly of Susan M.
Magaro and lands now or formerly of Alfred W. Hartman,
North 04 degrees West, a distance of seven hundred
fifty-four and zero one-hundredths (754.00) feet to a
point in the Public Township Road (T-596), Sample
Bridge Road, the point and place of BEGINNING.
CONTAINING 5.77 acres.
BEING the same premises which Aaron Potteiger and Donna M.
Potteiger, husband and wife, by Deed dated June 15, 193 and
recorded June 16, 1993 in the Cumberland County Recorder of
Deeds Office in Deed Book "I", Volume 36, Page 653, granted
and conveyed unto Guy A. Eckert.
2. Sullenberger will, on or before August 15, 2001, remove
from Eckert's property, certain obstructions, same being an
apartment building, an oil tank, a private utility pole, a water
line and a retaining wall, said obstacles being placed on the
property by either Sullenberger or Sullenberger's predecessors in
title and, all at Sullenberger's sole cost and expense. In
addition, Sullenberger will fill in the area where the basement
of the apartment building is currently located with clean fill up
to the current level of the ground. Sullenberger is not
obligated to remove the fill located on Eckert's property.
Sullenberger will provide at least forty-eight (48) hours advance
notice to Eckert prior to the commencement of any work and/or
entry upon any portion of Eckert's property. Sullenberger will,
on his behalf and on behalf of any and all of its agents,
employees and the like, indemnify and save harmless Eckert on
account of any and all damages resulting to any individual or
property as a result of any actions or inactions taken by
Sullenberger, their agents, employees and the like.
3. Sullenberger, particularly being George F.
Sullenberger, Jr., agrees to have the Judgment Note in the
following captioned matter marked settled and satisfied in full
of record at the Cumberland County Prothonotary's office and,
further, to provide a properly receipted and time-stamped
praecipe indicating such, all on or before August 15, 2001, said
matter being captioned as follows: George Sullenberger, Jr., vs.
Samuel S. Potteiger, No. 1490 Civil 1993-Judgment Note.
4. The parties hereto will each bear any and all costs
incurred by them with respect to the above-captioned matter,
including, but not necessarily being limited to, court costs,
filing fees, costs of service and attorneys' fees.
5. Upon compliance with the terms and conditions set forth
in the attached Agreement and Stipulation, the parties hereto
will file praecipes indicating that the above-captioned matter
has been and will be settled and discontinued.
6. A true and correct copy of this Order of Court and
attached Agreement and Stipulation may be entered of record in
the Cumberland County Recorder of Deeds office for the purpose of
establishing full, free and clear title to the real property
described hereinabove as between Guy A. Eckert and George F.
Sullenberger, Jr., and Ellen Marie Sullenberger, and their
collective heirs and assigns.
By the C ,
Edward E. Guido, J.
cc: James D. Bogar, Esquire qw,c
Michael J. O'Connor, Esq:9ire?q ?'? ?_ 3v_oI
,/
GUY A. ECKERT,
Plaintiff
V.
GEORGE F. SULLENBERGER, JR.
and ELLEN MARIE SULLENBERGER,:
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 99-4455 CIVIL TERM
CIVIL ACTION - LAW
STIPULATION AND AGREEMENT
GUY A. ECKERT, Plaintiff in the above-captioned matter
(hereinafter referred to as "Eckert"), and GEORGE F.
SULLENBERGER, JR., and ELLEN MARIE SULLENBERGER, Defendants in
the above-captioned matter (hereinafter collectively referred to
as "Sullenberger"), in an effort to reach a complete agreement in
the above-captioned matter hereby stipulate and agreca as follows:
1. The Complaint in the above-captioned matter was filed
by Eckert on July 23, 1999, said Complaint requesting, among
other things, the entry of judgment in favor of Eckert and
against Sullenberger for immediate and exclusive possession of
certain real property described therein, said property being
located in Silver Spring Township, Cumberland County,
Pennsylvania.
2. Eckert and Sullenberger have reached an agreement with
respect to certain matters involving the above-captioned matter,
said agreement being as follows:
(A) Eckert shall, forthwith, have immediate and
exclusive possession of real property being described
as follows:
ALL THAT CERTAIN tract of land situate in Silver Spring
Township, Cumberland County, Pennsylvania, being
bounded and described as follows, to wit:
BEGINNING at a nail in the center of. Sample Bridge
road, said nail being 0.6 mile East of Millers Gap Road
(Public Township Road T-596) ; thence along the center
line of said Sample Bridge Road, North 63 degrees 39
minutes East, a distance of three hundred thirty-nine
and sixty-five one-hundredths (339.65) feet to a point
on the line between the herein described land and land
now or formerly of Ray Lowery; thence along the
aforesaid line between property herein conveyed and
lands now or formerly of Ray Lowery, South 04 degrees
East, a distance of eight hundred forty-five and zero
one-hundredths (845.00) feet to an iron pipe; thence
along the line of lands of the Mechanicsburg
Sportsman's Association, South 79 degrees 06 minutes 00
seconds West, a distance of three hundred sixteen and
forty one-hundredths (316.40) feet to a point; thence
along the line of lands now or formerly of Susan M.
Magaro and lands now or formerly of Alfred W. Hartman,
North 04 degrees West, a distance of seven hundred
fifty-four and zero one-hundredths (754.00) feet to a
point in the Public Township Road (T-596), Sample
Bridge Road, the point and place of BEGINNING.
CONTAINING 5.77 acres.
BEING the same premises which Aaron Potteiger and Donna M.
Potteiger, husband and wife, by Deed dated June 15, 193 and
recorded June 16, 1993 in the Cumberland County Recorder of
Deeds Office in Deed Book "I", Volume 36, Page 653, granted
and conveyed unto Guy A. Eckert.
(B) Sullenberger will, on or before Ae-30-
2001, remove from Eckert's property, certain /
obstructions, same being an apartment building, an oil
tank, a private utility pole, a water line and a
retaining wall, said obstacles being placed on the
property by either Sullenberger or Sullenberger's
predecessors in title and, all at Sullenberger's sole
cost and expense. In addition, Sullenberger will fill
in the area where the basement of the apartment
building is currently located with clean fill up to the
current level of the ground. Sullenberger is not
obligated to remove the fill located on Eckert's
property. Sullenberger will provide at least forty-
eight (48) hours advance notice to Eckert prior to the
commencement of any work and/or entry upon any portion
of Eckert's property. Sullenberger will, on his behalf
and on behalf of any and all of its agents, employees
and the like, indemnify and save harmless Eckert on
account of any and all damages resulting to any
individual or property as a result of any actions or
inactions taken by Sullenberger, their agents,
employees and the like.
(C) Sullenberger, particularly being George F.
Sullenberger, Jr., agrees to have the Judgment Note in
the following captioned matter marked settled and
satisfied in full of record at the Cumberland County
Prothonotary's Office and, further, to provide a
properly receipted and t' e-stamped praecipe indicating
PkVo- IS "7d
such, all on or before Apr4-1-90,2001, said matter
3 /'n/yE
being captioned as follows: George Sullenberger, Jr.,
vs. Samuel S. Potteiger, No. 1490 Civil 1993-Judgment
Note.
(D) Eckert and Sullenberger will each bear any
and all costs incurred by them with respect to the
above-captioned matter, including, but not necessarily
being limited to, court costs, filing fees, costs of
service and attorneys' fees.
(E) Upon compliance with the terms and conditions
set forth herein, Eckert and Sullenberger will file
praecipes indicating that the above-captioned matter
has been and will be settled and discontinued.
3. Eckert and Sullenberger agree that the terms and
conditions of this Agreement and stipulation shall be
incorporated into an Order of Court.
6. Eckert and Sullenberger agree that a true and correct
copy of this Order of Court and attached Agreement and
Stipulation may be entered of record in the Cumberland County
Recorder of Deeds Office for the purpose of establishing full,
free and clear title to the real property described hereinabove
as between Guy A. Eckert and George F. Sullenberger, Jr., and
Ellen Marie Sullenberger, and their collective heirs and assigns.
4
This Agreement and stipulation entered into this is day
of , 2001.
WITNESS:
?im n Lo ? ?C?JG?arv?> ?`?' /7I-tom----
GUY A. ECKERT
GEORGE F. SULLE ERGER, JR.
6,&
ELLEN MARIE, SULLENSERGER
J S D. , Esquire
Attorney f r 'uy A. Eckert
KILLIAN & GEPHART, LLP
By: 1') MICHAEL J. 'CONNOR, Esquire
Attorney for George F.
Sullenberger, Jr. and Ellen
Marie Sullenberger