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HomeMy WebLinkAbout07-3506Law Offices of Peter J. Russo, P.C. Attorneys for Fredric Chubb By: Scott A. Stein, Esquire Attorney I.D. No. 81738 3800 Market Street Camp Hill, PA 17011 (717)591-1755 (717) 591-1756 Facsimile sstein@pjrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDRIC CHUBB, ACTION NO. 6 ~ " 3 S 0 ~ ~ ~ `'` l tti~ Plaintiff, CIVIL TERM v. JEFFREY A. AND MARTHA J. ALEXANDER, Defendants. ACTION IN EQUITY NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 Law Offices of Peter J. Russo, P.C. Attorneys for Fredric Chubb By: Scott A. Stein, Esquire Attorney I.D. No. 81738 3800 Market Street Camp Hill, PA 17011 (717)591-1755 (717) 591-1756 Facsimile sstein@pjrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDRIC CHUBB, ACTION NO. O~ `" 3 SU ~ ~~" ` te~~ Plaintiff, CIVIL TERM vi. JEFFREY A. AND ACTION IN EQUITY MARTHA J. ALEXANDER, Defendants. COMPLAINT Plaintiff, Frederic Chubb (hereinafter "Chubb"), by and through his attorneys, the Law Offices of Peter J. Russo, P.C., states the following in support of his Complaint: 1. Plaintiff, Fredric Chubb, is an adult individual residing at 237 South Enola Drive, Enola, Pennsylvania 17025 2. Defendants, Jeffrey A. and Martha J. Alexander, are adult individuals believed to be residing and are the owners of property located at 191 Gum Run Lane, Shippensburg, Pennsylvania 17257 3. Plaintiff is the owner of land locked property located in close proximity to Gum Run Lane and identified by Cumberland County Tax Parcel Number 39-15-0177-010B. 4. Defendants own two parcels of land adjoining Plaintiffs land, which completely surround and land lock Plaintiff from access to Gum Run Lane, such land is identified by Cumberland County Tax Parcel Numbers 39-15-0177-015A and 39-15-0177-016. 5. Plaintiffs land is currently undeveloped consisting of mature trees suitable for lumbering and the remnants of a cabin 6. Defendants' land is improved with a single family dwelling. 7. Plaintiff has accessed his land by virtue of a gravel roadway traversing from Gum Run Lane approximately 136 feet along the edge of the property line of Defendant and a third party parcel until reaching the border of Defendants' and Plaintiffs property, where Plaintiff would cross the property line and enter onto his property. 8. On or about October 2001, Defendants' placed a gate across the driveway preventing plaintiff from having unfettered access to his property via the gravel roadway. 9. Subsequently, Plaintiff began using the fire road which traverses from Gum Run Lane across the adjacent parcel located along the west side of his property to access the lot. 10. On or about the Spring of 2003, Defendants, who had acquired the parcel on the west side of Plaintiffs parcel, physically blocked access to this roadway by placing large boulders at the entrance, thereby preventing plaintiff from having access to his property. 11. Plaintiff, his parents before him and their predecessors in title have accessed the property via the roadway across Defendant's property since 1950 and have done so continuously for well over 21 years. COUNT I -EASEMENT BY IMPLICATION 12. Plaintiff avers each and every allegation set forth in Paragraphs 1 though 11 of the Complaint and incorporates each and every one herein by reference as previously set forth herein. 13. Plaintiff s predecessors in title utilized the same roadway for access across Defendants property throughout their periods of ownership due to the landlocked nature of the parcel. 14. The roadway across Defendant's property has always been the primary means of ingress and egress to Plaintiff's property. 15. Plaintiff avers upon information and belief that Defendant's property is subject to an easement by implication. WHEREFORE, Chubb requests that this Court: (a) enjoin Defendants from interfering with or obstructing plaintiffs easement or right of way over their property; and/or (b) grant such other relief as the Court may deem appropriate and just. COUNT II -- EASEMENT BY NECESSITY 16. Plaintiff avers each and every allegation set forth in Paragraphs 1 though 15 of the Complaint and incorporates each and every one herein by reference as previously set forth herein. 17. Plaintiff has enjoyed a free and uninterrupted easement or right of way over the land of Defendants for ingress and egress to enter his landlocked parcel 39-15-0177- 0106 until it was obstructed by Defendants. 18. Without access across Defendants' property, Plaintiff cannot access or utilize his property and its value will be greatly diminished. 19. Plaintiff avers upon information and belief that the Defendants' parcel is subject to an easement by necessity. WHEREFORE, Chubb requests that this Court: (a) enjoin defendants from interFering with or obstructing plaintiff's easement or right of way over the Defendants' parcel 39-15-0177-016; and/or (b) grant such other relief as the Court may deem appropriate and just. COUNT III -EASEMENT BY PRESCRIPTION 20. Plaintiff avers each and every allegation set forth in Paragraphs 1 though 19 of the Complaint and incorporates each and every one herein by reference as previously set forth herein. 21. The plaintiff and prior owners' use of the land was open, visible, notorious, uninterrupted, and adverse for a period of overtwenty-one (21) years, and plaintiff has thereby acquired a prescriptive easement or right of way over defendants' land. 22. Chubb avers upon information and belief that the Gum Run Lane lot of Defendants is subject to an easement by prescription. WHEREFORE, Chubb requests that this Court: (a) enjoin defendants from interfering with or obstructing plaintiff's easement or right of way over the Defendants' parcel 39-15-0177-016; and/or (b) grant such other relief as the Court may deem appropriate and just. Respectfully submitted, Law Offices of Peter J. Russo, P.C. S ott A. Stein, Esquire ID No. 81738 Peter J. Russo, Esquire I D No. 72897 Elizabeth J. Saylor, Esquire ID No. 200139 Attorneys for Fredric Chubb VERIFICATION I, 1- ~ ~ b ~ ~ C, G ~ l' ~ g verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. °~ ~ ,~ Dated: I~ v ~~;,~ h m ~ ~~6 Fredric Chubb r" z r- ,jp _ ~~ ~ , ~ ~ ~' O - - :' ~ ~~. ' l ~/ _1 © ~ \ v . ` ~ A ~o c a Q o -~-~ f °M T (il ~~ i e.i /^^~ ` ( / ~t r T V ~.1~ l ~.r 7 i fl py~~ ~ .j ' Y ~ ^ ~ ~../ -1 t ~.., Law Offices of Peter J. Russo, P.C. Attorneys for Fredric Chubb By: Scott A. Stein, Esquire Attorney I.D. No. 81738 3800 Market Street Camp Hill, PA 17011 (717)591-1755 (717) 591-1756 Facsimile sstein@pjrlaw.com FREDRIC CHUBB, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :ACTION NO. 07-3506 CIVIL TERM JEFFREY A. AND MARTHA J. ALEXANDER, Defendants :ACTION IN EQUITY NOTICE OF INTENT TO ENTER DEFAULT JUDGMENT TO: Jeffrey A. and Martha J. Alexander Date of Notice: August 3, 2007 191 Gum Run Lane Shippensburg, PA 17257 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLA.IlVIS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 Scott A. Stein, Esquire r -- ,. Attorney for Plaintiff Law Offices of Peter J. Russo, P.C. Attorneys for Fredric Chubb By: Scott A. Stein, Esquire Attorney I.D. No. 81738 3800 Market Street Camp Hill, PA 17011 (717)591-1755 (717) 591-1756 Facsimile stein@pjrlaw.com FREDRIC CHUBB, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. JEFFREY A. AND MARTHA J. ALEXANDER, Defendants ACTION NO. 07-3506 CNIL TERM ACTION IN EQUITY CERTIFICATE OF SERVICE I, Scott A. Stein, Esquire, hereby certify that I am on this day serving a copy of the Notice of Default Judgment upon the person(s) and in the manner indicated below: US Mail addressed as follows: Jeffrey A. and Martha J. Alexander 191 Gum Run Lane Shippensburg, PA 17257 '~ t fy- ~ u 7 Scott A. Stein, Esquire Date: d r.~ Q C~ ~~ -r-~ -__, ~ - ~ ;•z ! c- ~x~ -r~ ~ ~ ~; ~ ' ~ ~ ~ - ~. "C1 -rf -r- :'t`1 fer} ~w ,.~ SHERIFF'S RETURN - REGULAR .M + CASE NO: 2007-03506 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHUBB FREDRIC VS ALEXANDER JEFFREY A ET AL MEGAN HARLOW Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon ALEXANDER MARTHA J DEFENDANT the at 1912:00 HOURS, on the 9th day of July 2007 at 191 GUN RUN LANE SHIPPENSBURG, PA 17257 MARTHA ALEXANDER by handing to a true and attested copy of COMPLAINT - EQUITY together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 .00 .00 10.00 .00 16.00 Sworn and Subscibed to before me this day So Answers: .~ R. Thomas Kline 07/10/2007 PETER RUSSO By ~ ~.~~ C D puty Sheri f of A.D. SHERIFF'S RETURN - REGULAR ~. ~" CASE NO: 2007-03506 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CHUBB FREDRIC VS ALEXANDER JEFFREY A ET AL MEGAN HARLOW Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - EQUITY was served upon ALEXANDER JEFFREY A DEFENDANT the at 1912:00 HOURS, on the 9th day of July 2007 at 191 GUN RUN LANE SHIPPENSBURG, PA 17257 JEFFREY ALEXANDER by handing to a true and attested copy of COMPLAINT - EQUITY together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 19.20 Postage .58 Surcharge 10.00 .00 ~~~,Lo 1 .~ 47.78 So Answers: ~ ~,/~~ R. Thomas Kline 07/10/2007 PETER RUSSO Sworn and Subscibed to By:~ '2? before me this day eputy Sheriff of A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDRIC CHUBB, v. Plaintiff ACTION NO. 07-3506 CIVIL TERM ACTION IN EQUITY JEFFREY A. AND MARTHA J. ALEXANDER, Defendants PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL To the Prothonotary: Please enter my appearance on behalf of the Defendants Jeffrey A. and Alexander and Martha J. Alexander. WEIGLE & ASSOCIATES, P.C. ,---~ 1 ~- Dated: ~ ~~ Je ~Y. W~igle, Esqui'fe A orney ID #01624 126 East King Street Shippensburg, PA 17257 (717) 532-7388 WEIGLE & ASSOCIATES. P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPEN SBURG, PA 17257-1397 a 4, 1 ~.: r ` 1 -c7 i'!~ . C7D '~' !~ ~ -~~, >~:` = ~ ~ - C7 ~~ C~ f k:7' i_~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDRIC CHUBB, Plaintiff v. ACTION NO. 07-3506 CIVIL TERM ACTION IN EQUITY JEFFREY A. AND MARTHA J. ALEXANDER, Defendants NOTICE TO PLEAD To: Fredric Chubb, Plaintiff You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. WEIGLE & ASSOCIATES, P.C. Date: ~ ._-- i O By, ~ I A. igle, Esquire ttorney for Defendants .D. No. 01624 126 East King Street Shippensburg, Pennsylvania 17257 (717) 532-7388 WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 1Z6 EAST KING STREET - SHIPPENSBURG, PA 77257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDRIC CHUBB, ACTION NO. 07-3506 Plaintiff CIVIL TERM w. ACTION IN EQUITY JEFFREY A. AND MARTHA J. ALEXANDER, Defendants ANSWER TO COMPLAINT AND NOW come the Defendants, Jeffrey A. Alexander and Martha J. Alexander, husband and wife, who through their counsel, Jerry A. Weigle, Esquire, Weigle & Associates, P.C., who answer the Complaint Equity as follows: 1. Admitted. 2. Admitted. 3. Denied as Stated. The Defendants are without sufficient information as to who owns the parcel number in question or as to whether or not said parcel is "land locked", and strict proof thereof is therefore demanded at trial. 4. Denied in Part. It is admitted that the Defendants own two parcels of land, which adjoin the parcel claimed by the Plaintiff to be owned by him. It is denied that Defendants' two tracts of land completely surround the land alleged to be owned by the Plaintiff and completely land lock him from access to Gum Run Lane, and strict proof thereof is demanded at trial. 5. Admitted in Part and Denied in Part. It is admitted that the Plaintiff's land is currently undeveloped with trees. It is denied that Plaintiffs land contains the remnants of a cabin. Byway of further answer, a remnant of a vehicle, possibly a truck at one time, is the only edifice on the property. WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 6. Admitted. It is admitted that one of the Defendants' parcels or tracts of land is improved with a single-family dwelling in which the Defendants reside with their family. 7. Denied as Stated. The Defendants are without sufficient information to form a belief as to how the Plaintiff gained access to the parcel claimed to be owned by the Plaintiff. By way of further answer, the gravel roadway mentioned does not extend to the property line separating the Defendants' property from that claimed to be owned by the Plaintiff. By way of further answer it is believed and therefore averred that there is no "third party parcel" existing between Gum Run Lane and where the Plaintiff claims to have had access to what he claims belongs to him. 8. Admitted in Part and Denied in Part. It is admitted that the Defendants placed a gate across the driveway running from Gum Run Lane to their home during calendar year 2001. It is specifically denied that the driveway is a roadway and strict proof to the contrary is demanded at trial. 9. Denied. Defendants are without sufficient information to form a belief as to how Plaintiff gained access to the parcel in question or if Plaintiff attempted to gain access. 10. Admitted in Part and Denied in Part. The parcel of real estate acquired by the Defendants as referenced in paragraph 10 of the Complaint lies to the North East of the parcel claimed to be owned by the Plaintiff. The remaining allegations of paragraph 10 of the Complaint are denied and strict proof to the contrary is demanded at trial. 11. Denied as Stated. Defendants lack sufficient information to form a belief as to the truth or falsity of the allegations contained in paragraph 11 of the Complaint and strict proof thereof is demanded at trial. WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 1Z6 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 COUNT I -Easement by Implication 12. Admitted and Denied as Previously Stated. The Defendants incorporate herein paragraphs 1 - 11 of their Answer to the Complaint by reference as previously set forth herein. 13. Denied. The Defendants lack sufficient information to form a belief as to the truth or falsity of the allegations contained in paragraph 13 of the Complaint and strict proof thereof is demanded at trial. 14. Denied. The Defendants lack sufficient information to form a belief as to the truth or falsity of the allegations contained in paragraph 14 of the Complaint. By way of further answer, Plaintiff admitted in paragraph 9 his Complaint that he used a different means to gain access to the parcel of land in question. 15. Denied. Plaintiff has failed to allege the necessary facts for the Defendants to either admit or deny in order to be entitled to an easement by implication. WHEREFORE, Defendants request the Court to deny the equitable relief requested and to dismiss the Complaint in Equity filed. COUNT II -Easement by Necessity 16. Admitted and Denied. The Defendants incorporate herein paragraphs 1 - 15 of their Answer to the Complaint by reference as previously set forth herein. 17. 1~Pni Pri Defendants lack sufficient information to form a belief as to the truth or falsity of the allegations contained in paragraph 17 of the Complaint, and strict proof thereof is demanded at trial. WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 18. Denied. Defendants lack sufficient information to form a belief as to the truth or falsity of the allegations contained in paragraph 18 of the Complaint, and strict proof thereof is demanded at trial. 19. Denied. Plaintiff has failed to allege the necessary facts for the Defendants to either admit or deny in order to be entitled to an easement by necessity. WHEREFORE, Defendants request the Court to deny the equitable relief requested and to dismiss the Complaint in Equity filed. COUNT III -Easement by Prescription 20. Admitted and Denied. The Defendants incorporate herein paragraphs 1 - 19 of their answers to the Complaint by reference as previously set forth herein. 21. Denied. Plaintiffs alleged use of Defendants' land was not open, visible, notorious, uninterrupted and adverse, for any period of time and strict proof to the contrary is demanded at trial. The remainder of Plaintiff s allegations contained in paragraph 21 of the Complaint is a conclusion of law and therefore requires no response. 22. Denied. The allegation contained in paragraph 22 of the Complaint is a conclusion of law and therefore requires no response. WHEREFORE, Defendants request the Court to deny the equitable relief requested and to dismiss the Complaint in Equity filed. WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 NEW MATTER 23. Paragraphs 1 - 22 of Defendants' Answer to the Complaint in Equity filed are incorporated herein by reference as though set forth in full. 24. At all times relevant hereto, Defendants have been the owners of two tracts or parcels of real estate, located in Southampton Township, Cumberland County, Pennsylvania, as follows: a. Fifteen acres pursuant to deed dated January 30, 2001, recorded in Cumberland County Deed Book 239, at Page 160. b. .52 acres pursuant to deed dated August 29, 2003, and recorded in Cumberland County Deed Book 258, at Page 4918. 25. The Defendants have constructed a large, single-family residence on the above referenced fifteen acre tract acquired in 2001. 26. The "road" to which Plaintiff claims access across Defendants' fifteen acre tract was nothing more than a dirt and stone grown in path, six (6) feet in width, and accessible by four-wheel drive vehicles only, until portions thereof were improved by the Defendants during calendar years 2001 and 2002. 27. The above referenced "road" in question does not presently extend nor did it ever extend to the property line of the Plaintiff, as alleged in the Complaint. 28. If the Plaintiff and/or his predecessors in title have entered the property of the Defendants herein, they have done so as trespassers. 29. The "fire road" Plaintiff alleges he used to gain access to his property is not physically located on any property owned by the Defendants herein. W EIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 1Z6 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 30. The Plaintiff will be without legal access to a public road (McCulloch Road) whether or not the relief requested is ultimately granted by the Court, since Gum Run Lane is a private road, which traverses the properties of at least four other property owners. 31. Plaintiff has attempted to sell the tract in question to the Defendants at a price of thirty-five thousand ($35,000.00)dollars, which is well in excess of its present fair market value. 32. Defendants' land over which a prescriptive use is alleged was unenclosed woodland subject to the present Pennsylvania Unenclosed Woodlands Act, 68 P.S.§411 et seq. at all times relevant to this proceeding. WHEREFORE, Defendants request that the equitable relief requested be denied and that judgment be entered in favor of the Defendants herein. & ASSOCIATES, P.(~. ~ ~~ ~ ~~ J ry . W 'gle, Esquire IGLE & ASSOCIATES, P.C. 126 East King Street Shippensburg, PA 17257 (717) 532-7388 Attorney ID# 01624 (Attorney for Defendants) WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 1Z6 EAST KING STREET - SHIPPENSBURG, PA ]7257-]397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDRIC CHUBB, Plaintiff v. JEFFREY A. AND MARTHA J. ALEXANDER, Defendants ACTION NO. 07-3506 CIVIL TERM ACTION IN EQUITY VERIFICATION I verify that the statements made in the foregoing Answer to Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.5. 4904, relating to unsworn falsification to authorities. Dated: ~'~ ~- Q ander I1 WEIGLE & ASSOCIATES, P.C. -ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDRIC CHUBB, Plaintiff ACTION NO. 07-3506 CIVIL TERM v. JEFFREY A. AND MARTHA J. ALEXANDER, Defendants ACTION IN EQUITY VERIFICATION I verify that the statements made in the foregoing Answer to Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Dated: ~',~ M a J. Alexander WEIGLE & ASSOCIATES, P. C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPEN SBURG, PA 17257-1397 ~ ~n iz~ r_ ,, '__' . ~ i -r7 j ~ L.~' ~ y~ _- ~ ~. Y ~ ~ {._.' ~ ~ ~k '' '++~~ \J y` C.~ ..;-;r ~ N ~ •'~ •~'~ ~ - 1 Law Offices of Peter J. Russo, P.C. Attorneys for Fredric Chubb By: Scott A. Stein, Esquire Attorney I.D. No. 81738 3800 Market Street Camp Hill, PA 17011 (717)591-1755 (717) 591-1756 Facsimile sstein~pjrlaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FREDRIC CHUBB, ACTION NO. d'f - 35'D~, Plaintiff, CIVIL TERM v. JEFFREY A. AND ACTION IN EQUITY MARTHA J. ALEXANDER, Defendants. ANSWER TO DEFENDANT'S NEW MATTER Plaintiff, Frederic Chubb (hereinafter "Chubb"), by and through his attorneys, the Law Offices of Peter J. Russo, P.C., answers the New Matter of Defendant's as follows: 23. Paragraphs 1 - 22 of Plaintiff s Complaint are incorporated herein by reference as though set forth in full. 24. Admitted. It is admitted that the Defendant's are the owners of the two tracts of land recorded in the referenced Cumberland County Deed books. 25. Admitted. It is admitted that the Defendant's have constructed a large home on the property and that said home is within ahundred-fifty feet of Plaintiffs parcel. 26. Admitted in part and denied in part. It is admitted that the Defendant's made improvements to the roadway in 2001 and 2002, but it is denied that access was only by four- wheel drive vehicles or that the roadway was a dirt and stone grown-in path. 27. Denied. Plaintiff and Plaintiffs predecessors in tiNe have accessed plaintiffs parcel by way of Gum Run Lane and the roadway that was improved by Defendant's in 2001 and 2002. 28. Denied. Until improved by Defendant's with a single family dwelling, all the predecessors in title to both Plaintiff and Defendants accessed the properties in question for recreational, hunting, and other purposes in an open and notorious manner. 29. Admitted in part. The fire road is not physically located on Defendants' property, and is inaccessible except by off-road vehicles. 30. Denied. Gum Run Lane is the mailing address used by all of the properties located along said roadway and is recognized as a roadway by the Postal authorities and the County. 31. Admitted in part and denied in part. Plaintiff has offered to sell the property to Defendant's for thirty-five thousand ($35,000.00) dollars, and has previously made an offer to swap his land for comparable acreage adjacent to Gum Run Lane. It is denied that said offer was in excess of its fair market value as Defendant's obstruction of access to the property has an effect of reducing the value of the property to which they should not be permitted to benefd at the expense of Plaintiff. 32. Denied. It is denied that the Pennsylvania Unenclosed Woodlands Act applies to this parcel. WHEREFORE, Plaintiff requests that this Court: (a) enjoin Defendants from interfering with or obstructing plaintiff's easement or right of way over their property; and/or (b) grant such other relief as the Court may deem appropriate and just. Respectfully submitted, Law Offices of Peter J. Russo, P.C. Scott A. Stein, Es uire I D No. 81738 Peter J. Russo, Esquire ID No. 72897 Elizabeth J. Saylor, Esquire I D No. 200139 Attorneys for Fredric Chubb .. , VERIFICATION I , ~l\ ~ ~ /C' j C ~ ~ ~ V ~3 Q verify that the statements made in the foregoing document are true and con-ect. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Dated: ~~? mss.. Fredric Chubb ~ ~" `~ `=~ K ~ ~~ ~ '~ ~ , ' ~~ , =~ c°~ ~ i '~.r ~ ti r% FlLED4''' ' ., Law Offices of Peter J. Russo, P.C. By: Peter J. Russo, Esquire Attorney I.D. No. 72897 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 C4i1' (717)591-1755 PEiN v LVN%,A (717) 5914756 Facsimile prusso@pjrlaw.com FREDRIC CHUBB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ACTION NO. 07-3506 CIVIL TERM JEFFREY A. AND : IIA J.A L EXAi,, 1R MAR: ' Defendants ACTION INEQUITY PRAECIPE TO SETTLE, DISCONTINUE AND END TO THE PROTHONOTARY: Kindly mark the above-captioned matter as Settled, Discontinued and Ended. Peter J. Russo, Esqu Attorney for Plaintiff •+h Law Offices of Peter J. Russo, P.C. By: Peter J. Russo, Esquire Attorney I.D. No. 72897 5006 E. Trindle Road, Suite100 Mechanicsburg, PA 17050 (717)591-1755 (717) 591-1756 Facsimile prusso@pjrlaw.com FREDRIC CHUBB, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY A. AND MARTHA J. ALEXANDER, Defendants ACTION NO. 07-3506 CIVIL TERM : ACTION INEQUITY CERTIFICATE OF SERVICE I, Ashley R. Malcolm, hereby certify that I am on this day serving a copy of the Order to Settle, Discontinue and End upon the person(s) and in the manner indicated below: US Mail addressed as follows: Weigle & Associates, P.C 126 East King Street Shippensburg, PA 17257 Date: qh J i 1-3_ ?? 'Ashley Ma A l colm, Paralegal