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Home My WebLink About07-2758,~ i EMILY L. STINE, v. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA M. C. PROCOPE and CAROLE A. PROCOPE, husband and wife, Defendants N0.2007 - ~ ~75~' ~~ CIVIL ACTION -LAW IN EJECTMENT NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with a court your defenses or objections to the claims set forth against you. You aze warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER & BRENNEMAN, P. C. By: ~ Attorneys for Plaintiff LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. t ~ EMILY L. STINE, v. 1N THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA M. C. PROCOPE and CAROLE A. PROCOPE, husband and wife, Defendants N0.2007 - -~ ~ S~ CIVIL ACTION -LAW IN EJECTMENT COMPLAINT Plaintiff Emily L. Stine, by her attorneys, Snelbaker & Brenneman, P. C., submits this Complaint and in support thereof states the following: 1. Plaintiff Emily L. Stine is an adult individual residing at 45 Woodmyre Lane, Enola, Cumberland County, Pennsylvania. 2. Defendants M. C. Procope and Carole A. Procope, husband and wife, are adult individuals residing at 809 Valley Street, Enola, Cumberland County, Pennsylvania. 3. Plaintiff is the owner of real property improved with a residential dwelling commonly LAW OFFICES SNELBAKER SC BRENNEMAN, P.C. identified as 45 Woodmyre Lane, East Pennsboro Township, Enola, which real property and improvements Plaintiff acquired by Deed dated December 28, 2004 and recorded January 10, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 267, Page 399 (hereinafter "Plaintiffs Property"). 4. Defendants are the owner of real property improved with a residential dwelling commonly identified as 809 Valley Street, East Pennsboro Township, Enola, which real property end improvements Defendants acquired by Deed dated April 28, 1982 and recorded May 3, 1982 n the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book "T", Volume 29, Page 437 (hereinafter "Defendants' Property"). 5. Plaintiffs Property is more particulazly described in the legal description attached hereto and incorporated by reference herein as "Exhibit A". 6. An abstract of the title upon which Plaintiff relies respecting Plaintiffs Property is attached hereto and incorporated by reference herein as "Exhibit B". 7. Plaintiffs Property and Defendants' Property aze adjacent to each other, with a southern boundary of Plaintiffs Property adjoining the northern boundary of Defendants' property for a distance of 74 feet. 8. Since at least the Spring of 2005, Defendants have mowed grass and maintained periodically a swing on a portion of Plaintiff s Property, which portion is located directly north of the northern boundary of Defendants' Property in the azea of Plaintiffs Property more fully described in the legal description attached hereto and incorporated by reference herein as "Exhibit C". 9. Since at least the Spring of 2005, Defendants have exercised and continue to exercise exclusive possession and control of that portion of Plaintiffs property described in Exhibit C. hereto. 10. Despite request and demand by Plaintiff, Defendants have failed and refused to release and relinquish possession and control of Plaintiff s Property described above. WHEREFORE, Plaintiff requests this Court to: A. Enter judgment in favor of Plaintiff and against Defendants for possession of the real property identified on Exhibit C hereto; LAW OFFICES II SNELBAKER EC _2_ BRENNEMAN, F.C. B. Enter an Order directing Defendants to remove any and all swings, objects and landscaping of Defendants therefrom; and C. Grant such other relief to Plaintiff this Court decrees just and appropriate. SNELBAKER & BRENNEMAN, P. C. ~~----" BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: May 4, 2007 Attorneys for Plaintiff Emily L. Stine LAW OFFICES II SNELBAKER & -~- BRENNEMAN, P.C. ALL THAT CERTAIN lot or tract of land situated in East Pennsboro Township, Cumberland County, Commonwealth of Pennsylvania more particularly bounded and described as follows, to wit: BEGINNING at a point on the western line, of a fifty (50) foot right-of--way known as Woodmyre Lane, as it appears on the aforesaid subdivision plan; thence along the northern line of Lot T-43 of Westwood Hills Phase III, South zero degrees twenty-four minutes twenty-six seconds East (S 00° 24' 26" E) sixteen and seventy-four hundredths (19.74) feet to an iron pin (previously South zero degrees forty-five minutes twenty-three seconds East (S 00° 45' 23" E), seventeen and thirty-seven hundredths (17.37) feet on Westwood Hills Phase III Plan); thence South seventy-seven degrees thirty-one minutes thirty-seven seconds West (S 77 31' 37" W), one hundred seventy-eight and ninety-eight hundredths (178.98) feet to an iron pin; thence South twelve degrees twenty-eight minutes twenty-three seconds East (S 12° 28' 23'E), sixty-five and zero hundredths (65.00) feet to an iron pin; thence South seventy-seven degrees fifty-two minutes twenty-two seconds West (S 77° 52' 22" W), one hundred eighteen and twenty-four hundredths (118.24) feet to an iron pin; thence North twelve degrees seven minutes thirty-eight seconds West (N 12° 07' 38" W), forty-nine and sixty-two hundredths (49.62) feet to an iron pin; thence North twelve degrees seven minutes thirty-eight seconds West (N 12° 07' 38" W), twenty- four and nine hundredths (24.09) feet to an iron pin; thence along the southern line of Lot T-37, passing through a party wall of Lot T-37 and T-38, North fifty-three degrees zero minutes eleven seconds East (N 53° 00' 11" E), two hundred twenty-eight and three-three hundredths (228.33) feet to an iron pin; said iron pin being on the western line of a fifty (50) foot right-of--way known as Woodmyre Lane; thence along the aforesaid western right-of--way line South fifty-nine degrees thirty-six minutes two seconds East (S 59° 36' 02" E), one hundred twenty-five and sixty-two hundredths (125.62) feet to an iron pin, the place of BEGINNING. BEING Lot #T-38 on the Final Subdivision Plan for Westwood Hills, Phase III, recorded in Plan Book 81, Page 54. LAW OFFICES II EXHIBIT A SNELBAKER & BRENNEMAN, P.C. Emily L. Stine Chain of Title 1. Present Deed: deed dated December 28, 2004 and recorded January 10, 2005 in Cumberland County Deed Book 267, Page 399 Grantor: Village Homes at Westwood Glen, Inc. Grantee: Emily L. Stine Recital: p/o Deed Book 260, Page 4484 2. Deed dated October 31, 2003 and recorded December 19, 2003 in Cumberland County Deed Book 260, Page 4484 Grantor: Westwood Hills Associates, LLC Grantee: Village Homes at Westwood Glen, Inc. Recital: p/o Deed Book 180, Page 936 3. Deed dated June 17, 1998 and recorded July 6, 1998 in Cumberland County Deed Book 180, Page 936 Grantor: Deluxe Development Corp. Grantee: Westwood Hills Associates, LLC Recital: Deed Book "I", Volume 34, Page 669 4. Deed dated December 12, 1989 and recorded in Cumberland County Deed Book "I", Volume 34, Page 669 Grantor: Centrust Trust Grantee: Deluxe Development Corp. Recital: Deed Book "D", Volume 28, Page 524 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. 5. Deed dated November 13, 1978 and recorded November 14, 1978 in Cumberland County Deed Book "D", Volume 28, Page 524 Grantor: Robert B. Failor, Sheriff Grantee: The Westport Company (known as Centrust Trust) Recital: (Tract 2) Deed Book "J", Volume 23, Page 346 EXHIBIT B 6. Deed dated July 29, 1969 and recorded September 8, 1969 in Cumberland County Deed Book "J", Volume 23, Page 346 Grantor: George B. Schriver and Dorothea E. Schriver, husband and wife Grantee: East Pennsboro Associates Recital: p/o Deed Book "Y", Volume 9, Page 535 7. Deed dated December 30, 1924 and recorded March 16, 1925 in Cumberland County Deed Book "Y", Volume 9, Page 535 Grantor: Amelia B. (Seiders) Zieders' heirs Grantee: J. R. Eslinger Recital: Deed Book "E", Volume 4, Page 420 (Note: Amelia B. Seiders died intestate survived by husband William H. Seiders (sometimes spelled Zeiders)) M: C. Procope and Carole A Procope Chain of Title 1. Present Deed: deed dated Apri120, 1982 and recorded May 3, 1982 in Cumberland County Deed Book "T", Volume 29, Page 437. Grantor: James E. Grandon, Jr., et al. Grantee: M. C. Procope and Carole A. Procope Recital: Deed Book "F", Volume 28, Page 803. 2. Deed dated December 26, 1978 and recorded January S, 1979 in Cumberland County Deed Book "F", Volume 28, Page 803. Grantor: Robert B. Failor, Sheriff Grantee: James E. Grandon, Jr. and Jean Grandon, husband and wife Recital: Deed Book "M", Volume 26, Page 588 LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. 3. Deed dated October 29, 1975 and recorded March 19, 1976 in Cumberland County Deed Book "M", Volume 26, Page 588 Grantor: James E. Grandon, Jr. and Jean Grandon, husband and wife Grantee: John R. Yetter Recital: p/o Deed Book "G", Volume 26, Page 975 4. Deed dated October 1, 1975 and recorded October 7, 1975 in Cumberland County Deed Book "G", Volume 26, Page 975 Grantor: George B. and Dorothea E. Schriver Grantee: James E. Grandon and Jean Grandon, husband and wife Recital: Deed Book "L", Volume 15, Page 595 5. Deed dated September 11, 1951 and recorded January 9, 1954 in Cumberland County Deed Book "L", Volume 15, Page 595 Grantor: Jacob R. Eslinger Grantee: George B. Schriver and Dorothea E. Schriver, husband and wife Recital: p/o Property granted by William H. Zeiders to Jacob R. Eslinger (no specific deed reference recited) LAW OFFICES SNELBAKER SC BRENNEMAN, f .C. BEGINNING at a point on the northeast corner of lands of M. C. Procope and Carole A. Procope, said point also being at the southeast corner of lands of Emily L. Stine; thence South 77 degrees 52 minutes 22 second West 118.24 feet to a point; thence North 12 degrees 7 minutes 38 seconds West 50 feet to a point; thence North 77 degrees 52 minutes 22 seconds East 118.24 feet to a point; thence South 12 degrees 28 minutes 23 seconds East 50 feet to a point, the place of Beginning. EXHIBIT C LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Complaint 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. _,~~~ ~ ~. R Emily L. 'ne Date: May 4, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ~~ ~_ _ -fin ~ ~ r7~ ~' ~ cp - ~s- ? ~~ v J i - ~ - t R~ ~ _ -' ~~ pr~ \' F.R. Martsolf, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, PC 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 fmartsolf(a~ ssbc-law. com EMILY L. STINE, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2007-2758 CIVIL M.C. PROCOPE and CAROLE A. PROCOPE, Husband and Wife, :CIVIL ACTION -LAW Defendants : IN EJECTMENT NOTICE TO PLEAD To:Plaintiff, Emily L. Stine c/o Keith O. Brenneman, Esquire 44 West Main Street PO Box 318 Mechanicsburg, PA 17055 You are hereby advised to file a written response to the enclosed New Matter within twenty (20) days or judgment may be entered against you. SERRATELLI, SCHIFFMAN, BROWN & CALHOON, PC Dated: By F Suite 201, 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Attorneys for Defendants I.D. No.: 15859 F. R. Martsolf, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 fmartsolf@ssbc-la w. com EMILY L. STINE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-2758 CIVIL CIVIL ACTION -LAW v. M. C. PROCOPE and CAROLE A. PROCOPE, husband and wife, Defendants IN EJECTMENT ANSWER TO COMPLAINT WITH NEW MATTER AND COUNTERCLAIM AND NOW come Defendants, M. C. Procope and Carole A. Procope, husband and wife, by and through their counsel, Serratelli, Schiffman, Brown & Calhoon P.C., and submit this Answer to Complaint with New Matter and Counterclaim and, in support thereof, aver as follows: 1. Admitted. 2. Admitted: 3. Admitted in part and denied in part. It is admitted that Plaintiff is the owner of real property improved with a residential dwelling identified as 45 Woodmyre Lane, East Pennsboro Township, Enola. To the extent the averment implies that Plaintiff is the owner of real property described on Exhibit C to the Complaint, the averment is denied. 4. Admitted. 5. Admitted in part and denied in part. To the extent the averment implies that Plaintiff is the owner of real property described on Exhibit C to the Complaint, the averment is denied. 6. Denied. After reasonable investigation, Defendants are without sufficient knowledge or information to form a belief as to the truth of the averment set forth in Paragraph 6 of the Complaint and proof thereof is demanded at the trial of this cause if relevant. 7. Admitted. 8. To the extent the averment set forth in Paragraph 8 of the Complaint implies that Defendants have mowed grass and maintained periodically a swing on a portion of Plaintiffs property only since the spring of 2005, the averment is denied. 9. To the extent the averment set forth in Paragraph 9 of the Complaint implies that Defendants have exercised exclusive possession and control of a portion of Plaintiffs property only since the spring of 2005, the averment is denied. 10. Admitted. WHEREFORE, Defendants request this Honorable Court to dismiss Plaintiffs Complaint with prejudice. NEW MATTER 11. The responses set forth in Paragraphs 1 through 10 above are incorporated herein by reference. 12. Since at feast November of 1982, Defendants have continuously maintained the property described on Exhibit C to Plaintiffs Complaint, including periodically building structures thereon. 13. Since at least November of 1982, Defendants' possession of that portion of Plaintiffs property described on Exhibit C to the Complaint has been actual, continuous and notorious, distinct and exclusive and hostile. 14. Defendants' possession as described in Paragraph 13 of this New Matter has 2 been for a period in excess of twenty-one (21) years, establishing Defendants' title to the property described on Exhibit C to the Complaint by adverse possession. COUNTERCLAIM 15. The responses and averments set forth in Paragraphs 1 through 14 above are incorporated herein by reference. WHEREFORE, Plaintiff requests this Honorable Court to: (a) Enter judgment in favor of Defendants and against Plaintiff for possession and ownership of the real property identified on Exhibit C attached to the Complaint; and (b) Grant such other relief to Defendants as this Court decrees just and appropriate. Respectfully submitted, ~/ ~ 7 Date Date ~3~ ~ o~ SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C~ /1 _ By F. R. Martsolf, Esquird Pa. Attorney I.D. No. 1 Paige Macdonald-Matthes, Esquire Pa. Attorney I.D. No. 66266 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorneys for Defendants 3 VERIFICATION I verify that the statements made in the attached pleading are true and correct, partially upon personal knowledge and partially upon my belief; to the extent language in the attached pleading is that of my attorneys, I have relied upon my attorneys in making this Verification. 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 3 Date ~(3i~~~ Maurice C. Procope Carole A. own as M. C. Procope CERTIFICATE OF SERVICE I hereby certify that I today served a true and correct copy of the foregoing Answer with New Matter and Counterclaim, by placing the same in the U.S. mail, postage prepaid, addressed to: Keith O. Brenneman, Esquire SNELBAKER & BRENNEMAN P.C. 44 West Main Street P. O. Box 318 Mechanicsburg, PA 17055 Date 3~ ~ ~ F. R. Martsolf, Esquire c~ r- r" ~ ~ "^-i 'Y7 '' ~ ~ ~~ r ~_ ! '~~' 1> z=`~ N ~ i it ~; • • --t ~1 ~ /~ro w'~ ,. Y L. STINE, v. : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA C. FROCOPE and CAROLE A. SCOPE, husband and wife, Defendants N0.2007 - 2758 CIVIL ACTION -LAW IN EJECTMENT NOTICE TO PLEAD M. C. Procope and Carole A. Procope, Defendants and F. R. Martsolf, Esquire Serratelli, Schiffman, Brown & Calhoon, PC 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 You are hereby notified that you have twenty (20) days in which to plead to the enclosed ew Matter or a Default Judgment may be entered against you. SNELBAKER & BRENNEMAN, P. C. Bv: ~~ ~' - June 14, 2007 Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Emily L. Stine LAW OFFICES SNELBAKER 8G BRENNEMAN, P.C. Y L. STINE, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2007 - 2758 C. PROCOPE and CAROLE A. :CIVIL ACTION -LAW SCOPE, husband and wife, Defendants IN EJECTMENT REPLY TO NEW MATTER AND COUNTERCLAIM WITH NEW MATTER Plaintiff submits this Reply to New Matter and Counterclaim With New Matter as REPLY TO NEW MATTER 11. Paragraph 11 of Defendants' New Matter should be stricken as improperly requiring reply to an answer which is not a recognized pleading under the Pennsylvania Rules of Civil The allegations of fact set forth in Defendants' Answer are denied in their entirety to extent they include facts contrary to the averments of Plaintiff s Complaint or facts not contained in Defendants' New Matter not specifically denied in this Reply. 12. Denied. After reasonable investigation, this party is without sufficient information to form a belief as to the truth of the averments contained in Paragraph 12 of Defendants' New Matter; therefore, same are denied and strict proof thereof demanded. 13. Denied. Paragraph 13 of Defendants' New Matter contains unwarranted conclusions of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d). 14. Denied. Paragraph 14 of Defendants' New Matter contains unwarranted conclusions of law to which no response is required by this party pursuant to Pa.R.C.P. 1029(d). LAW OFFICES SNELBAKER & WHEREFORE, Plaintiff requests that judgment be entered in her favor and against BRENNEMAN, P.C. Defendants in accordance with the demand for relief set forth in her Complaint. REPLY TO COUNTERCLAIM 15. The averments of Paragraphs 1 through 14 of Plaintiff s Complaint and Reply to New are incorporated by reference herein. WHEREFORE, Plaintiff requests that judgment be entered in her favor and against in accordance with the demand for relief set forth in her Complaint. NEW MATTER TO COUNTERCLAIM 16. Defendants' Counterclaim fails to set forth a claim or cause of action upon which may be granted. 17. Defendants' claims are barred in whole or in part by the applicable statute of tations. 18. Defendants' claims are barred under the doctrine of estoppel and/or equitable estoppel. 19. Defendants may have failed to join an indispensable party or parties to this action. WHEREFORE, Plaintiff requests that judgment be entered in her favor and against the Defendants in accordance with the demand for relief set forth in her Complaint. SNELBAKER & BRENNEMAN, P. C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Date: June 14, 2007 Attorneys for Emily L. Stine LAW OFFICES SNELBAKER 8C -2- BRENNEMAN, P.C. VERIFICATION I verify that the statements made in the foregoing Reply With New Matter 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. Emily L. tine Date: ~j/ LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, a true and correct copy of the foregoing Reply to New Matter and Counterclaim with ew Matter be served upon the person and in the manner indicated below: FIRST CLASS MAIL POSTAGE PREPAID ADDRESSED AS FOLLOWS: F. R. Martsolf, Esquire Serratelli, Schiffinan, Brown & Calhoon, PC 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 SNELBAKER & BRENNEMAN, P.C. By: ~ Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Emily L. Stine ,Date: June 19, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. C~ ~'~ _ c~~ v '~7 t~.,_ :'~ ~ a ~ _- . t t'~ .~ - ~ _ '_JC.s . '~ ' _~. _ ---~ - '• ,i ril ~:z] ~ •{ SHERIFF'S RETURN - REGULAR CASE N0: 2007-02758 P 7 r- COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STINE EMILY L VS PROCOPE M C ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon ~r~nrnp~ Tvr r the DEFENDANT at 1650:00 HOURS, on the 9th day of May 2007 at 809 VALLEY STREET ENOLA, PA 17025 M C PROCOPE by handing to a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 6/3o~b~ 18.00 15.36 .39 10.00 .00 43.75 Sworn and Subscibed to before me this day So Answers: ~~is~r~sar.~ ~~a~C=sn'c# R. Thomas Kline 05/10/2007 SNELBAKER & BRENNEMAN By: De ty Sheriff of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-02758 P I ry t ~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STINE EMILY L VS PROCOPE M C ET AL STEPHEN BENDER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EJECTMENT was served upon PROCOPE CAROLS A the DEFENDANT at 1650:00 HOURS, on the 9th day of May 2007 at 809 VALLEY STREET ENOLA, PA 17025 by handing to M C PROCOPE ADULT IN CHARGE a true and attested copy of COMPLAINT - EJECTMENT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 5,3oJo~ ~~,,..~ ~/ 16.00 Sworn and Subscibed to before me this of day So Answers: ~.~ /~- R. Thomas Kline 05/10/2007 SNELBAKER & BRENNEMAN By: _ Dep ty Sheriff A.D. w i REPLY TO NEW MATTER TO COUNTERCLAIM AND NOW come Defendants, M. C. Procope and Carole A. Procope, husband and F. R. Martsolf, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717} 540-9170 fmartsolf@ssbc-la w. com EMILY L. STINE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-2758 CIVIL CIVIL ACTION -LAW IN EJECTMENT M. C. PROCOPE and CAROLE A. PROCOPE, husband and wife, Defendants wife, by and through their counsel, Serratelli, Schiffman, Brown & Calhoon P.C., and submit this Reply to New Matter to Counterclaim as follows: 16. The averments set forth in Paragraph 16 of Plaintiffs New Matter to Counterclaim are legal conclusions to which no responsive pleading is required. 17. The averments set forth in Paragraph 17 of Plaintiffs New Matter to Counterclaim are legal conclusions to which no responsive pleading is required. { - Y 18. The averments set forth in Paragraph 18 of Plaintiffs New Matter to Counterclaim are legal conclusions to which no responsive pleading is required. 19. The averments set forth in Paragraph 19 of Plaintiffs New Matter to Counterclaim are legal conclusions to which no responsive pleading is required. WHEREFORE, Defendants request this Honorable Court to discuss Plaintiffs New Matter to Counterclaim with prejudice. Respectfully submitted, Date SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. F. R. ~lllartsolf, Esquire Pa. Attorney I.D. No. 15859 Paige Macdonald-Matthes, Esquire Pa. Attomey I.D. No. 66266 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorneys for Defendants 2 r F ~ ~ CERTIFICATE OF SERVICE I hereby certify that I today served a true and correct copy of the foregoing Reply to New Matter to Counterclaim, by placing the same in the U.S. mail, postage prepaid, addressed to: Keith O. Brenneman, Esquire SNELBAKER & BRENNEMAN P.C. 44 West Main Street P. O. Box 318 Mechanicsburg, PA 17055 Date_ ~ 2S 2~~' ~~ru.h.r~ ~ ~~,~~D ~~.n ~-~-fnr~~ '~~ Paige Macdonald-Matthes, Esquire C.,. ~ „~„ ~ J ~,; ~ ~ _ `~, ,_ - 'GE "' i i ~~. _ ~ ~ L ~ ~~ - =". , ~' ~ '~:, •~ _ s,~ Y L. STINE, Plaintiff v. C. PROCOPE and CAROLE A. SCOPE, husband and wife, Defendants PRAECIPE FOR WRIT TO JOIN ADDITIONAL DEFENDANT THE PROTHONOTARY: Please issue a writ joining Village Homes at Westwood Glen, Inc. with an address of 114 oxshire Drive, Lancaster, PA 17601 as an additional defendant in the above action with respect the counterclaim initiated against Emily L. Stine in the above action. SNELBAKER & BRENNEMAN, P. C. BY: I -~ Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 July 26, 2007 Attorneys for Counterclaim Defendant Emily L. Stine PTO: VILLAGE HOMES AT WESTWOOD GLEN, INC. You are hereby notified that Emily L. Stine has joined you as an Additional Defendant in LAW OFFICES SNELBAKER & BRENNEMAN, P.C. this action, which you are required to defend. Date: G7 `- ~ °~ aZ4 4 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - 2758 CIVIL ACTION -LAW IN EJECTMENT By: /S/ ~~~ ~ ~-j ~~~ ~,~ (Seal) r CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, a true and correct copy of the foregoing Praecipe be served upon the person and in the indicated below: FIRST CLASS MAIL POSTAGE PREPAID. ADDRESSED AS FOLLOWS_ F. R. Martsolf, Esquire Serratelli, Schiffinan, Brown & Calhoon, PC 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Counterclaim Defendant Emily L. Stine July 26, 2007 LAW OFFICES SNELBAKER 8C BRENNEMAN. P.C. <-~ ~`' ~ r_. ~-; ~, _- CR ~YS _ F:.:._ C'.7 `~ ~ ~~ SHERIFF'S RETURN - OUT OF COUNTY C~~SE NO: 2007-02758 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND STINE EMILY L VS PROCOPE M C ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and. inquiry for the within named ADD'TL DEFEND to wit: VILLAGE HOMES AT WESTWOOD GLEN INC but was unable to locate Them in his bailiwick. He therefore deputized the sheriff of LANCASTER serve the within COMPLAINT - EJECTMENT County, Pennsylvania, to On August 20th 2007 this office was in receipt of the attached return from LANCASTER Sheriff's Costs: So answer r=' ---.r-s Docketing 18.00 ~ ~ ~ ~~°_ _ - ~ ~_ .---~'" Out of County 9 . 00 °"' --~ ° ~~ --~ ----~`` Surcharge 10.00 R. Thomas Kline - Dep Lancaster Co 34.38 Sheriff of Cumberland County Postage 1.55 72.93 / 5~~~,D7 Q 08/20/2007 ~"`" SNELBAKER & BRENNEMAN Sworn and subscribe to before me this day of , A.D. SHERIFF'S OFFICE 50 NORTH DUKE STREET, P.O. BOX 83480, LANCASTER, PENNSYLVANIA 17608-3480 • (717) 299-8200 SHERIFF SERVICE PLEASE TYPE OR PF~INT LEGIBLY. PROCESS RECEIPT, and AFFIDAVIT OF RETURN DO NOT' DETACH ANY COPIES. 3 F-I n H r-+ 1. YLAIfVIIf-h/5/ 2 COURT NUMBER F~nily L. Sting 07-2758 civil ~ 3 DEFENDANT/S/ 4 TYPE OF WRIT OR COMPLAINT MC Procope st al Writ to Join Additional Deft o SERVE 5 NAME OF INDIVIDUAL. COMPANY. CORPORATION. ETC., TO BE SERVED. ~ Village Hangs at Westwood Glyn Inc ~ 6 ADDRESS (Street or RFD, Apartment No.. City, Boro. Twp ,State and ZIP Code) AT 114 Foxshirs DrivA LancastQr, PA 17601 7 INDICATE UNUSUAL SERVICE: O DEPUTIZE ^ OTHER Now, ugus 20 , I, SHERIFF OF COUNTY, PA., dg~tf tty. ''' eputize the of ancaster County to execute this Writ: d~~+r~r~tr to law. This deputation being made at the request and risk of the plaintiff. ff E SHERIFF OF 16~~'A COUNTY 6. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: Ctunberland Please mail return of service to Gtimiberland County Sheriff. Thank you. NOTE ONLY APPLICABLE ON WRIT OF EXECUTION: N.B. WAIVER OF WATCHMAN -Any deputy sheriff levying upon or attaching any property under within writ may leave same without a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the part of such deputy or the sheriff to any plaintiff herein for any loss, destruction or removal of any such property before sheriffs sale thereof. 8. SIGNATURE of ATTORNEY or other ORIGINATOR 10. TELEPHONE NUMBER 1 1. DATE KEITH O. IIRENNEMAN, E5Q. 71.7-697-8528 7/26/07 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: (This area must be completed if notice is to be mailed) UMI3ERLANI) COUNTY SHERIFF' ONE COURTHOUSE SQ. CARLISLE ~ PA . 1.7013 SPACE BELOW FOR USE OF SHERIFF ONLY - DO NOT WRITE BELOW THIS LINE 13. I acknowledge receipt of the writ t NAME of Authorized LCSO Deputy or Clerk 14 Date Received 15 Expiration/Hearing date orcomplaintasindicatedabove. ( JACKIE MICCICHE X17-390-2309 I 8/3/07 I 8/27/07 16.1 hereby CERTIFY and RETURN that I ^ have personally served, B'have legal evidence of Service as shown in "Remarks", O have executed as shown in "Remarks", the writ or complaint described on the individual, company, corporation, etc., at the address shown above or on the individual, company, cor- poration, etc., at the address inserted below by handing a TRUE and ATTESTED COPY thereof. 17 ^ I hereby certify and return a NOT FOUND because I am unable to locate the individual, company, corporation, etc., named above. (See remarks below) 18. Name and title of ind/iwi~dtual/~s~erved (it not shown above) (Relationship to Defendant) 19. ONo9ervice ~t~ ~ 7- C . R ry- 1"~fi/..s~C~-( ~ ff ` (~r= >~! ,A. A~ C (~ ~ ~ CL: ~-. See Remarlas Below (No. 30) 20 Address of where served (complete only if different than shown above) (Street or RFD, Apartment No .City, Boro. Twp 21 Date of Sernce 22 Time State and Zip Code) 23 24. Advance Costs R I ~~~~l~ S.T.A.: D to Miles Dep.lnt. Date Milea ~jo ~ M~~ 25 Service Costs 26. 31. AFFIRMED and subscribed to before me this 34. day of 20 E $ r o-off //:0,5' Int. Date Miles Oep.lnt. Date Miles Dep.lnt. 27 M~e/P~ elN I2~ a~ C~ I29 CO~~UE qR REFUND ME ~i~ssA 33 Prothonotary/Deputy/Notary Public SHERIF MY COMMISSION EXPIRES \ 1. WHITE -Issuing Authority 2. PINK -Attorney 3. CANARY -Sheriffs Office d. BLUE -Sheriffs Office ?FILED ?:!F'r-`01 ivn p 17 1!it r •'.' `;.1.ltV.w 27 AM 11: 00 CUMBEK COUNTY PENi0LVANIA EMILY L. STINE, Plaintiff V. M. C. PROCOPE and CAROLE A. PROCOPE, husband and wife, Defendants and AUG car IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007 -z -?L7S'$ VILLAGE HOMES AT WESTWOOD CIVIL ACTION - LAW GLEN, INC., Additional Defendant ORDER OF COURT AND NOW, this day 2010, based upon the stipulation of the Plaintiff and Defendant and the Motion presented by Plaintiff, it is hereby ORDERED, that fee to the following described land is vested in M. C. Procope and Carole .A. Procope by adverse possession against Emily L. Stine, who took title as part of a conveyance in a deed from Village Homes at Westwood Glen, Inc. dated December 28, 2004 and recorded January 10, 2005 in the Office of the Recorder of Deeds of Cumberland County in Deed Book 267, Page 399: ALL that tract of land located in the Township of East Pennsboro, Cumberland County, Pennsylvania, more particularly bounded and described s follows: BEGINNING at a point on the northeast corner of lands of M. C. Procope and Carole A. Procope, said point also being at the southeast corner of lands of Emily L. Stine; thence South 77 degrees 52 minutes 22 seconds West 118.24 feet to a point; thence North l.2 degrees 7 minutes 38 seconds West 50 feet to a point; thence North 77 degrees 52 minutes 22 seconds East 118.24 feet to a point; thence South 12 degrees 28 minutes 23 seconds East 50 feet to a point, the place of Beginning. LAW OFFICES SNELBAKER 8C BRENNEMAN, P.C. Emily Stine is forever barred from asserting any right, lien, title or interest in said land inconsistent with the interest of M. C. Procope and Carole A. Procope in the fee by adverse possession. BY THE COURT: J. cith O. Brenneman, Esquire for Plaintiff 'age Macdonald-Matthes, Esquire for Defendant ?illage Homes at Westwood Glen, Inc. I 00 1 1-11 LAW OFFICES SNELBAKER 8C -2- BRENNEMAN, P.C. FILE 1~ ^'(v !' F 74r 0`- ')T? Y 1 AU k" 3 ! PN 12: 26 CUMBEr-R 41% COUNTY PENNSS'(L VA A EMILY L. STINE, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA M. C. PROCOPE and CAROLE A. PROCOPE, husband and wife, Defendants and VILLAGE HOMES AT WESTWOOD GLEN, INC., Additional Defendant : NO. 2007 - 2758 CIVIL ACTION -LAW PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned action against Defendants and Additional Defendant discontinued and ended with prejudice upon your docket and indices. SNELBAKER & BRENNEMAN, P.C. Bv: Date: August 31, 2010 Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Emily L. Stine LAW OFFICES SNELBAKER& BRENNEMAN, P.C. CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Praecipe to be served upon the persons and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Paige Macdonald-Matthes, Esquire Serratelli, Schiffman, Brown & Calhoun, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110-9670 Village Homes at Westwood Glen, Inc. 114 Foxshire Drive Lancaster, PA 17601 SNELBAKER & BRENNEMAN, P. C. By: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Emily L. Stine Date: August 31, 2010 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. vs Case No. 7 • l 7 S - L? r J-11 l.. ,? 0?r-C Statement of Intention to Proceed=; •^v ''j To the Court: N pjar.,< intends to proceed with the above captioned matter. Print Name /-? ?j7f G rte' _Sign Name Date: _ 6134 Attorney for ??/?? Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901.° Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. 11 Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for ailurc to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. I a, SERRATELL], SCHIFFAIAN & BROWN, P. C. Paige Macdonald-Matthes, Esquire Supreme Court ID No. 66266 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Telephone (717) 540-5481 facsimile Email: PMacdonald-Matthes@ssbc-law.com FILED-OM F CE .t, A 10: 49 curs . CLUNTY PENNSy-TVAN1A EMILY STINE PLAINTIFF V. M.C. PROCOPE AND CAROLE A. PROCOPE, HUSBAND AND WIFE, DEFENDANTS , AND VILLAGE HOMES AT WESTWOOD GLEN, INC. , ADDITIONAL DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DocKET No. 2007-2758 CIVIL ACTION - EQUITY PRAECIPE TO DISCONTINUE AND END, WITH PREJUDICE To the Cumberland County Prothonotary: Please discontinue, with prejudice, the Counterclaim filed by Defendants M.C. Procope and Carole E. Procope, against Plaintiff Emily Stine in the above captioned matter. Respectfully submitted, ?-i?, `-1.1?.(?P `, ?w 'r,_.l7?.(?_,!?!'????.ra.?K:.J?' ...?. ??1,1ti?i.?L i. "?t%'7 Paige Macdonald-Matthes, Esquire Attorney ID No. 66266 Serratelli, Schiffman & Brown, PC 2080 Linglestown Road Harrisburg, PA 17110 (717) 540-9170 Telephone (717) 540-5481 Facsimile Email: PMacdonald-Matthesgssbc-law.com Date: September 1, 2010 CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, hereby certify that on this I't day of September, 2010, I served a true and correct copy of Praecipe via United States First Class Mail, Postage Paid on the following: Keith O. Brenneman, Esquire Snelbaker & Brenneman, P.C. 44 West Main Street Mechanicsburg, PA 17055 Village Homes at Westwood Glen, Inc. 114 Foxshire Drive Lancaster, PA 17601 Paige Macdonald-Matthes, Esquire