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HomeMy WebLinkAbout07-3994Matthew M. Haar, Esq. (85688) Saul Ewing LLP 2 N. Second Street, 7th Floor Harrisburg, PA 17101 717-257-7508 Attorneys for Plaintiffs --------------------------------------------------------------------------------------------------------------------- JACK GAUGHEN, INC., IN THE COURT OF COMMON PLEAS OF DONALD L. RUNK and :CUMBERLAND COUNTY, PENNSYLVANIA JOYCE L. RUNK, husband and wife Plaintiffs, PATRICK J. CAMPBELL and LEAH H. CAMPBELL, husband and wife, Defendants. :Civil Action NOTICE TO DEFEND YOU HAVE BEEN SUED 1N 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 S. Bedford Street, Carlisle, PA 17013 717-249-3166 800-990-9108 134136.1 7/2/D7 Matthew M. Haar, Esq. (85688) Saul Ewing LLP 2 N. Second Street, 7th Floor Harrisburg, PA 17101 717-257-7508 Attorneys for Plaintiffs --------------------------------------------------------------------------------------------------------------------- JACK GAUGHEN, INC., : IN THE COURT OF COMMON PLEAS OF DONALD L. RUNK and :CUMBERLAND COUNTY, PENNSYLVANIA JOYCE L. RUNK, husband and wife Plaintiffs, . v. No. O'ff' ., PATRICK J. CAMPBELL and . LEAH H. CAMPBELL, , husband and wife, , Defendants. :Civil Action COMPLAINT ~QY C~~~L`r~ Jack Gaughen, Inc. ("Jack Gaughen") and Donald L. Runk and Joyce L. Runk, husband and wife ("Runks"), by and through their undersigned counsel, aver as follows: 1. Jack Gaughen, Inc. is a Pennsylvania corporation with offices at 3915 Market Street, Camp Hill, Cumberland County, Pennsylvania. Jack Gaughen is a real estate broker licensed by the Commonwealth of Pennsylvania, assigned broker's license number RB043533C. 2. Donald L. Runk and Joyce L. Runk are adult individuals and husband and wife residing at 6350 North Powderhorn Road, Mechanicsburg, Cumberland County, Pennsylvania. 3. Patrick J. Campbell and Leah H. Campbell are adult individuals and husband and wife residing at 110 Orchard Street, Mechanicsburg, Cumberland County, Pennsylvania. 4. On or about December 19, 2006, Runks engaged Jack Gaughen and its agent Mary Eberly to represent them in the sale of their two adjoining properties consisting of a residence and property at 110 Orchard Street, Mechanicsburg, Cumberland County, Pennsylvania (the "Home") and adjacent building lot along Longmeadow Way (the "Lot"). The Lot had previously been subdivided from the Home, although the approved subdivision plan had never been filed with the Recorder of Deeds. Jack Gaughen listed the Home for sale at $189,800, and the Lot at $79,800. 6. In early January 2007 the Campbells were shown the Home by their real estate agent, Debbi Loving of The Homestead Group. 7. When they were shown the Home, the Campbells understood that the Home and the Lot were separate parcels. 8. On or about January 11, 2007, the Campbells offered to purchase the Home for $185,000. The Campbells did not offer to purchase the Lot, and they understood that their offer to purchase the Home did not include the Lot. 9. The Runks accepted the Campbells' offer to purchase the Home. 10. The Runks and the Campbells proceeded to closing on February 27, 2007. 11. The Campbells knew at all times up to and including closing that they were only purchasing the Home and were not purchasing the Lot. 12. Due to a clerical error, the deed that was delivered to Campbells at closing (the "Deed") described both the Home and the Lot, rather than just the Home. A copy of the Deed is attached hereto as Exhibit 1. 13. The Deed does not accurately describe the property that was conveyed by the Runks to the Campbells, as only the Home was to be conveyed to the Campbells, not the Lot. -2- 14. Jack Gaughen discovered the error after closing and provided proposed corrected deeds (the "Corrected Deed") to the Campbells. A copy of the Corrected Deed is attached hereto as Exhibit 2. 15. The Campbells know or should know that the Deed does not accurately describe the property that they purchased from the Runks and that the Corrected Deed does accurately describe the property that they purchased from the Runks. 16. Despite repeated demands by Jack Gaughen for them to execute the Corrected Deed, Campbells have refused to do so. 17. Since closing Runks have continued to market the Lot in an attempt to sell the Lot. 18. Jack Gaughen and the Runks' ongoing efforts to sell the Lot have been frustrated by Campbell's refusal to sign the Corrected Deed. COUNT I -Preliminary and Permanent Injunctive Relief 19. Plaintiffs incorporate the averments of paragraph 1 through 18. 20. Plaintiffs are entitled to injunctive relief because they can establish: 1) that the injunction is necessary to prevent immediate and irreparable harm that could not be compensated by damages; 2) that greater injury would result by refusing the injunction than by granting it; 3) that the injunction restores the parties to the status quo that existed immediately before the alleged wrong; 4) that the wrong is manifest and the injunction is reasonably suited to abate it; 5) the applicant's right to relief is clear. In re Milton Hershey School Trust, 807 A.2d 324, 326-27 (Pa. Commw. Ct. 2002); Tinicum Township v. Delaware Valley Concrete Inc , 812 A.2d 758, 762 n.8 (Pa. Commw. Ct. 2002). -3- 21. An injunction is necessary to stop the Campbell's inappropriate and unlawful refusal to clear title to the Home and the Lot, and to restore clear title to the Lot to the Runks so that they can freely market and sell the Lot. 22. Greater injury will result by refusing the injunction than by granting it. The Campbells will suffer no injury if an injunction is granted because they did not purchase the Lot and they acknowledge that they did not purchase the Lot. Runks and Jack Gaughen will continue to suffer ongoing injury if the Campbells refuse to clear title to the Home and Lot. 23. The injunction will restore the parties to the status quo as it existed immediately before Defendants' unlawful conduct. The status quo to be maintained is that the Campbells purchased the Home only, and not the Lot. 24. Defendants' wrong is manifest and the requested injunction is reasonably suited to abate it. Defendants have no right whatsoever to claim an interest in the Lot, and the requested injunction would eliminate Defendants' inappropriate claim to title to the Lot. 25. Plaintiff s right to relief is clear. The Defendants' acknowledge that they did not purchase the Lot, and the deeds should reflect that. WHEREFORE, Plaintiffs respectfully request that the Court grant the following relief: a. issue preliminary injunctive relief pursuant to Pa. R. Civ. P. 1531 requiring the Campbells to execute the Corrected Deed immediately; b. issue permanent injunctive relief requiring the Campbells to execute the Corrected Deed; -4- order Defendants to pay restitution to Plaintiffs for the fees and costs incurred in forcing Defendants to correct the title documentation regarding the Home and the Lot; and d. grant such further relief as the Court deems just and equitable. COUNT II -Declaratory Relief 26. Plaintiffs incorporate the averments of paragraphs 1 through 25. 27. There is uncertainty and controversy based upon the actions of the Defendants which could be terminated by a declaration from this Court that the Deed incorrectly describes the property transferred from the Runks to the Campbells and that the Corrected Deed accurately describes the transaction. 28. Declaratory relief is necessary and proper, and will settle and afford relief from uncertainty and insecurity with respect to rights, status and other legal relations. 29. Plaintiffs are entitled to a declaration from this Court that the Corrected Deed accurately describes the property transfer from Runks to Campbells. WHEREFORE, Plaintiffs respectfully request that the Court grant the following relief: a. declare that the Deed does not accurately reflect the real estate transfer from Runks to Campbells, that the Corrected Deed does accurately reflect the real estate transfer from Runks to Campbells, that the Campbells should execute the Corrected Deed and the Corrected Deed should be recorded with the Recorder of Deeds; and b. grant such further relief as the Court deems just and equitable. -5- Respectfully submitted, Dated: July 2, 2007 Matthew M. Haar, Esquife`~85688) Saul Ewing LLP 2 N. Second Street, 7`h Floor Harrisburg, PA 17101 717-257-7508 Attorneys for Plaintiffs -6- 1~~I~ CN:~~~i~ I, Mary Eberly, hereby verify that I am authorized to execute this ve~rif cation on behalf of Jack Gaughen, Inc., a I'laimtiff ir! the attached lawsuit, that I have read the foregoing Complaint, and that the averments of fact therein are true and correct to the best of zx~y knowledge, information and belief. I make this statcxnent pursuant to 18 Pa.C.S.A. § 4904 relating to unsworn falsification to autluozities. Mary Eberi Dated: June ~ 2007 13176.1 y3a/Dt J P[io geed TAX PARCEL NO. 20-24-0785-012 MADE THE day of in the year two thousand seven {2007} BETWEEN DONALD L. RUNIC and JOYCE L. RUNK, husband and wife, of Mechanicsburg, Pcrzxzsylvania, Q~rantors, AND PATRICK J. CAMPBELL and LEAN li. CAMPBELL, husband and wife, of Mechanicsburg, Pennsylvania, Grantees, WI~'N.EISSFT.H, that is~ coxtsideration of ONE HUNDRED EIGHTY-FIVE THOUSAND------------ -----____.._...._~....-------------------~_~.___....,.,..(~ I85,000.00)-------------------------------------Dollars, irx hand paid, the zecexpt wl;xereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantees, their heirs and assigns, ALL THOSE TWQ lots of ground situated partly in the Borough of Mechanicsburg, and partly in Monroe Township, Cumberland County, Pexvasylvania, mare particularly bounded and described as follows, to wit: BEGINNING at a point on the western line of Orchard Street on a Plan of Lots hereinafter xxiezxtiozred, anal at eoixaer of Lot No_ 38 on said Plan of Lots; thence in a Westerly direction along the lint of said Lot No. 38, 2?4.2 feet, more or less, to a point on the eastern line of Longmeadow Street; thence ixx a Northerly direction along the eastern line of said Longmeadow Street, 100.00 feet to a point at corner of Lot No. 35, on the hereinafter mentioned Plan of Lots; thence in an Easterly direction along the line of said Lot No. 35, 280.4 feet, more or less, to a point an the western line of said Orchard Street aforesaid; thence in a Southerly direction along the said line of Orchard Street, 100.0(? feet to a point, at tlae place of BEGINNING. BEING Lots Nos. 36 and 37, on a Plan of Lot$ lmown as Orecn Acres, which Plan is rccordcd in the Recorder's Office in azzd for said Cumberland County, in Plan Book 4, Pagc This conveyaxzce is zmade subject to the following express conditions and restrictions, viz: 1. These lots shall not be used as a site fox a restaurant, beverage or refresbxaaent stand or for any purpose other than a home or residence. 2. No building shall be erECted upon these lots so that any part thereof shall be closer than 25 feet from the street lines of sand Orchard and l,,ongmeadow Streets. 3. No dwelling house shall be erected upon these lots that shall cost less than Five Thousand ($5,000.00) Dollars; however, a garage and tool. house may also be erected on said lots of ground provided the same are properly constructed and neatly finished. 4. Open and exposes toilets are prohibited. 5. No hogs, horses axxd cattle of any lid shall be maizatained or cared for on said lots of ground- BEING knowxa and numbered as 110 Orchard Street, Mechanicsburg, Pennsylvania. HEING THE SAME PREMISES which Darlene Runk, now known as Darlene Runk Sworen, and Stephen Sworen, her husband, by Deed dated and recorded June 22, 2006, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvanua, in Deed Book 275, page 1302, granted and conveyed unto Donald L, iZunk and Joyce L. Rurtl~, his wife, Clrantors herein. AND the said graxxtora do hereby Wa~raat Specially the property hereby conveyed. IN ypTq.~gg WHEREOF, said grantors have hereunto set their hand and seal the day and year first above written. Signed, Sealed and Delivered ~ the Presence of DONALD L. RUNK JOYCE L. RUNK STATE OF COUNTY OF On this, the ,day of , 2007, before me, a Notary Public, the undersigned officer, personally appeared DONALD L. RUNK and JOYCE L. RUNK, his wife, known to me (ox satisfactorily proven) to be the persons whose names are subscribed to the within iun$trument, axxd acknowledged that they executed same for the purposes thereitn contained. ~ WITNE.gS ~REOF, I hereunto set my hand and official seal. t$~1 Notary Public CF.RTIFICA7'E OF RESIDENCE I do hereby certify that the precise residence of the within named grantees} is: Attorney/Agent for Grantee(s~ ~s~Y~naf~0o oimpbN.ooe~Q~ ~ sY: ~y~r ~ A~lerr YC ~ ~; PA 1~1 C1i73 7-63-L~3 'qf~ 114wlIi.'>~s >titrkl~.J. ~ Led- ~ Causb~ T~r~xo. 9>~TD TA7i NOTE TO: Paf~tdc J. ~ L~ ~- Csm~ ii! Qro>~e'd ~wR ~ YA 1~ THIS CORRECTIVE DEED, ~~ ~~~~, ~Tw~t ~orts~.~ ~. ~t>tn~c ~,a, Jo~t°tvs L. ~ e ~ ~ ~ ~ J. sad. Y.~',AH 8. d ,A1~ID pATAICB J. CAl1d~:~ amd L H. busbs~ a>ou1 w~fa, ~ip~bed as the praatmes. W~.'X'1NffiBB"!~, that the f3tuuoca far ~ is ~~ of Oae~DolZuar (~'il •~Q}., ]std s~~'Y to the Clraakacs m band vraD aad tYUty. paid b9- dse Gam, >~t or before aftLcUaioed Stgtee of Ate, ~ ! ~ ~ ti-e Gatahbors snd delivery of ~, ~ sell ssd mercy wa~a ~~ tam bdag. ~ ;may , do by tb~ fiocevaar. . ~ of land sitsa~tc in the IIarough ~ bs~'l~, ALL TEAT t~RTAIN p~~ p~ lvania, mate put~srly bau~od .~ described as ~berlaad Camay, follows. cv a3t: ~~G at an'~ira~a ptn located on tlu~'a+~ li>os of Ot+chard Stmt oo a FLm of. Logs ~ ~tloned aad :warner of leads cow rnr .idY of Frenld~ ~. : ~ ~~ ~ 1o caompbd.oon pp~Ta ~ 0ll~+clS naw or Ba~erly ~g~+ Sonth ~ 58 a 10 ~1VOi'C, a~ df 137.58 fed for an iron -pia atYhe aoathcaat oo~rnet of Lot loo. 2 on tea a thonct3 ~ the aaaoe~n aitk of Lot No. 2, Noctlt 18 doh S3 m~onces meat, a di~ooc of 100.09 Rego ~ iron pig d the oor~+r of Loot Nor ~ MoC7i~ma. Notdi dag~roes ~; t~ncc alom~g~ ffie ~southnrn lice a~ leads naw Y ~ Orcbard Street: the~p`ce alostg 00 mia~ Bast. a ~ 137.38 feet m a point ~ this arealnra ~ m a po#d, the pow ~ P~ p~ Street. 5o~nth 18 degreea~ 53 no®umes East, s distance of gEGYNNING. - COI~TTAXNING ~13,7~2 .feet #~r 4.315 aezes, be3IIg kiura~ sbd ntim.L~red as 1 YO Orchard Stte~et. Mtch~b~a'8, PennsYl~ B~ATG Lot No. l ee. ~ fottl- oa the P~rY~ Ra~~°II l~ for Dam1d L. Rzmlc tecotd~ July 6,.19'81, ~a Plan BQOk 44, PaSe 41. '!'his cam~-ayaace is ~ .tio the $ i0~ and tnatricriona, viz: 1. This lot eball ncit be naafi as a ~ for s re+ bev~~agn °T ~. ateoosi °~ ~ '~ purpose other thsu.ac hau~e or ~- 2. No bufldmg t~ba1L be tte~xed >~ tbis iQt so that nay pert thereof ahall~ be cl~' tixau ?S Ret l'roaa - the street linos of said Os~'d and 3, l+To d~vdling. h~ shaU' ~ ereCtod ~ this Iota that ~ ~ lei ihaon Five Dollars (85,~0:0~; ~. a 8~~. and t°o1 ~e ~ also be rxectecl on said Iota of wand provided the. aa~e ara pzape~y and fiiniahed• 4. ~ and tu~ets ar° prchi'bimd. - 5. I~'o tbo8s, hrorses and cattle oaf any ]c~qd shaIl be metnta~od or cared for oa said Iats of 8ratmd. BF~NG PAA~ OS+' T~ BASE ~ wh~h Daurleno ii~c, now lmo'a-n ~~ p~leoe ll~ Swacen, s,~. Srrore~ hat h~baad by peed ds~od atsd ~reoocded Jn~e ~. ~~ in Re ~Ol~CC of tha g~+dgr of 1)ae~d: in and i~ G'umbes'lsmd Gamey. ~Yl~+ ~ Deed Book ~3, Page 1302, 8rinted and coavcirod. tmto: Doaatld L. Rimlc tmd Jaya L. Bunt, inio of th~a ~ramrn's lterbhr• AL90 B'~t~ P;ALtT 4p' '1'l~ S~I~ F which Daatdd X.. Itxmk and_Joyt~ L. Runk by thr~r Deed dated Fel~roary ~. ~• ~ ~ - • ~, ht t9~e fltuaberlapd Cattm3' .~reioflt+ed and ooaveymd tmto Patridt J. Ca®pbell . oi'Deeds OffiRx in De~ed~ Book ~,~ ~ . ell and L~ ~• 9~ in and Yeah H. * tiro of tha Cra~ora be~n• ~P+t~ J• C.am~ thB com+esratux !~ the purpose aooep~ ~ ~~ ~' USER Ar1D ~~~~ ~ t~,'B,BB,, zo . p~c6ona, and ri~um-af-way set faa~th ~ ~ of rdrord. to °01~0eUr° '1'OC&T~R wiW. aU and siugaia tb+e btuil~+ ~ wstYs. v~rootts, • ~~~. t3g~,1~ Pdvllagcs, ~~a aad apQtu'~catnpae to tha sasse~bei8 ar i4 wise aJP°°~; and ffie ra~ro sad revarai~, 'md ~~ ~•t Ue~e, P~olha Q~eo~', s~ of eveay part aad pai~rel thecaa!`,: AND ~1I.1~4 aU the ~~ rigs. ~ Pte,, praPat~r, claim sad damend wl~soevec oftha (~ismoa~ bosh in law and is egnlty. of, in and to the ibearein ~ a~ ev~- Pte. ~ P~ t,f~with the ap~• TO ~~ ~ To l~oY.v au and ' ~ ~ haeia dcaGn'bed toge~e~r , ~ ~~ _._..~...,,.,~ „~. ~ c~raflmes and to Ybe [~caea' p nse sad boae~t foreva'- AID au. c3rrentora oov~C~t.- ~ may ~~ 1~-a set forth, t~- do .and will i'orer~ Y.rarraataad~el'mdthe]aada:ara~prmtiaea..h~erodiotaz+ae~aodreaanc~hereby conveyed., against the (lranaosr$ and a]l, oQa~r ~eriovas 1sra+~11Y 8 ~ ~ or to claim t5e same ~ aa~y part theoceodr, by, from a +mdar lt, tvama ar ~' of them. Tn all .rte beret m an7 part. Persona, s ar , +~ nse.af any ps~~ ~a ~ p~ ~ mu'z~r ~~ so iaclade tlta appro gender ~ mamba as the tact ai'the wlthia imR:umeat may srquirc. . Wherever ict thi+a iastirosnemt any parry X11 be ~ oar rehrrod. to by mma or. geaaal ~, ~- ~ is in~rd4d m eIId aliall. bave dtie ,sa~m{ a a~ as if ~e arorda ". eoc ~i WY~s ' ~ ~~~ ~ iiNF ~~M ~ b~ ~~ ~' ~~ ~~1 ~ L7i~t11i~A1~7 iid~ a~. ~ iil~ala 3~Y aGW YI~i d~ ~ ~ ^"` $~'8t abOYC wrlto0n. U~~+ ~ ~~ ~~~ D61~A'1+i) L.. I~iJN~ J0~ Y~. ~tUN~: pl-TjfICK J. CAl1~~I~L LUAS ~. CA14g"BELL ~p~ds~d~MU4c 1b otlrpbM.t~rncJwe CpMb[ON~PEALTS AF YLVANiA ) .. SS. CO[JN'1'Y OF ~ 8~ IT ~~• ~ on April _~. ZOQ7, be~oce me the auhBCriber permally DONALD L. RUNS ~d~ r4YCE L. RUNS lmawn to me {or ~~Y p~~ ~ be tip P~ n~ ma ~~ m tha wlthia mstrnmcat ~md a~owledge+d ~ tlny d the samo for tlse p~orpoees ~N'f~Tl"1~SS fig`,. I ~O ~ ~Y band omud afAc~al e+est. Neaaay Public CQZMiMON~EALTS'4F PENrTB'Y'~.~ANIA SS. CO~l1V1`Y OF } ~ TT $D, tZtu_ on April , X07, b+cfore ~ nto the ~ub~3bes .pecrs~ally fired PA1'RiCB J. ~ ~ auu~ LF~lH H, CA11dPAg~L . ~to m+e {or esti~f~Rx~orlly poroy~ to be the persa~ athoea u'e ~ ~ ~ pia inettwmeoat crud sclmawYedged that ~- exep~ed ~ ssmo~ i~ d~ pis ~. Qi'Vf~ITlVF~S Wi~iQF, I bdareuezo sc~ mqr hand and ai~ca~l aesl. l~totaty PubYic A A ~~~~ ~~~~ ~~ ~~ ~D ~, V ~~ a ~l 3 ~~~ ~d ~~R~ ~~E Nuflk b nmk: ~: ~gCOgD~A-'171ON 131 ~~et ~p ~. Ptl 17li1 ~J~AtA~ TO: D~oa1d L. ~ Jc4ce L. Imnt M~ PA~1'~06~osd Piz[ PARS INTO. ~ TA~LNOT~ TO: ~ b. ~ rirra L. grad ~pPow ~ THIS CORRECTIVE DEED, gLrpW1~ DONAd:D L. jiUNK aad dOY ~ ~ the J. ~ L~ ~. Qratscars, AND YypNALD L. R,t71V~ :call JOXC'E L. hta~aad ~ ~ ~ d~i8tta~ as the dr~eo~• '9V~'!'N1"Y'~ dratth~ Oraaam~rs~~ ~ in co®sidarata~oa of Oae~oII~r (81.00), lawful of tha Unimd. Suwet of Atauio~ica, ~ the tiraoboa'a 1a f ~ ~Y ~ ~Y trie Graatieoa, at of beto~e the eealia~ turd 7' °~ tlu~e per' ~ ~ and tha Ci~o~s t ~ ~S6ed, do by these p~ gtnndt, barpati. ~ and c~nvcy tittGo tho crantecs fOra+iir. ~ of ~md aitaate in tlta of Merchat~l~rg. and kLI. TgAT ca~Jxr~av pea : , pan'°i eat, c~ ~Yi+. mope ~y party is D~u°e~Toy ~ Cou~+. bovadcd. and. did ~ lblla~vs, a~ wit: ~~G at as ircnz pint ~~ ~ tlis eaatts'a ~ of Widow Stroll (SO fat r~t-of wa~-) on a Plan of Y.ots hmtciasfter m and a oot3rer of lands ~-' ar ' ~ ~ F. Nora; ~p~[,1N1R 10 .fig the tuorthara tine of ~ now ar ~oranercly ~~ Nottb. ~~ ~~ ~8 eoi~ttos 18 saaods low at the a~v~ ' of Lot. No. 1 oa the per, a d of 13'1.44 foot to ~a iron pio ~ . theme slate ttte vvc~etn silde of tut No. 1, Y~To~ 18 33 a locrted at t#ue a+aortha+e~ ooaraer of Lot No. l and buds now ~Veet. s di.of 100.07 ~xx to en iron p~- ~ E.. Mme; tiabace aloaa8 the lfiue ~f lama z~r o~ formr~rty of ar "focmdrly 5tmd~ oa the east~ru tisee ~~ 68 Qegtees fl0 miamtes'Wat; a dfstemoe of 142.82 feat 58 Fes, s distanvo ofLo~ Sri; tt~ ~ Strom Soutb 21 da8reos of 100:00 ~ m a point. 'due poi ~ 1 of ~INNYNti. CdNTAII~NG 14,008 egnare i~t or Q.3'22 acme. " BF.nVC;'r ~ I~o• 2 ag sot fio~ on the P=ely Be.Subdivlsion Pfan ~ Donald L. Runk recordAd Jody 6.1981, is Pium Book 40, ~ 41. ~ ~~~ ~.a~de snbjax m the fvllow~$ and resoc~ti;oaey .Yi~~ 1, '~ tat abaft not be need ae a efts for A raa~usut, lerrrera8e or n~ stand or for say poacpose otta~ than s ban;re or re• 2, No bB st>a~ be ~ trn sa thas aRy part ihs'~'eot shall be close flan 25 fem. frata the street lfnes of ~ snd Lbw 3. No dveelti~. house shall be ~ ~ ~ ahaB cost ~ t~ Five Thousand Wolters a ~araga and: tool htstaa aiaY mlea be ctectea an said lots ttf . {S~ ~ fitly ~ and nutty 4. open and oapoeed, Doi]+~t are pioht'ta~• s. I~Ta hobs, horses sad. oatna of~ say ]cfad st~s111x ~ ~ ~ ~ on said late cf groin, arhich Darlene R~auolt, mw tooown~ Dat1eae.l~u~tic $$j1~iG P1~'l~ Ole T~ 8d~tdE p'R 2A06, in ~ v+++•~•. ~ ~~ ~ ~o~s, ~ l~misband by Doocl dated and rem ~uae ~• the Baaord+er og Deods .in and for ~ y• p~ylvamis. iu Deed Book 2.75,. p'a8e 13©2. and ~ usm L. Runk and 3oycc X... ltuak, two of the ~ ~ Deed BEYNCI pABeT dF THB SAME ~ whiff Donald L. ~uu1c~ aial Jayce dated FobroatiY Z7, 200x1. and x~«Ardod .-2007', in the C~aberlanRi ~ . g,~,ed and ~ tnmo P~cicr 7. C~'beu of Daods Q#BCa io Dead Hook ~ ~ ~.-- ~ ~ I~ g_ Campbell join in H. two oftlte ~ ~~ • ~~ and Leek Caa1+ of ~~.~y i~arast the3, ham is deaczibod prapGMY• this ooz-rreysoee ~' ~~ P' UNDF•R A1~1D S~~ ~1'13~,B8S. to , ~'~°~, ~ riffs-Of~~Y ~ i~nth i81 ~ retard' ~41dwd~-runic b IunK.oon'~'~ TOCF~~ ..with s11 ~aad siog~ ~ ~' ~r0 ~l+s' woods, luea~ p~• ~editstu~mts said app o'- the awe bek+a~gia8 at im wameraaaiscs~ ~ ~ ~ ~ ~ ,`.~ ~,iadear a~od odes, » ~po~y~i-ire ~IPP°~+~ ~ ~reof; A1~1D AID all ti+a fie, • ~~ l ''~ °f ~ ~ ~ cf tl~e C~az~ bath is lsw ead fn aluity, of>. in end ~-j d~eectibed atyd e~aY P~ m°'d P~~ ~°! with t'!~e ~Fp~. T('~ HAVE all and ~ ~'~ desadied r ~~ the herd ~ ~pnrOemuacxs ~o the Gaas~ a°d fo tl~s gstmtaes' proper' tu~rc sad beoa8t fxn~awer• . ~ ~ be herein act ~oxth~ tbu~y do aad all farr-~' that. ~ arty c~anyey . AND the t3:a~ocs ra~waut affi ~ ~4 ~, wwtr~rot and tbae l~mcls P~• tl~e ssmaa or m claim the same m' any l ~ ~ ~,: otJo`t pees Y .craimin8 tbeaooi, by. ~ or usda ~ 1~ ~ ~-Y of them. a~ca ;~ ~'~, the use of anY P Yn.all refareactr b~ to ~ ~ ~~' ~r ntiadrber as t>a; taxc m P~ or 1s amended w the s9P~ its o~ tine yi~nn ~ ~Y m4°h'°• 'poet in tbis gfl1' ~' X11 ~ d~ or referred t4 by aaeee ~qor ge~ral Vie, each dai~aadao4 ~ inbo~ >n and ehsil.harc t>yo rams cffioct ar it the v~rvtdr "hem, e~ az ~1 r~ea~dver, ~~ ~ " b~cl bcen {~tod aRer each rid ~y ,~ ,uttian, III' WITNFJ46 F~ ~° dr~om han ~ t~ baeds aael seals tt~ day and Yom' tip above written, . 8eslatl a'°'d' ~~ ht the preeatace ~ DOi~1ALD L.1~~TK jQYCE L. xYINK PAT~tICXC ~. ~. iarsas. c b nNc. (011iWSAI.TS OF pYLVANIi~ S~. WtJNTY ~ ~ tbat oa ~ _..----~ ~Orl,ltefio~o nx the $Ut~Cx'ibex pciao~llY B,g ~ ~. ba'bC trie appeared DONAY.D L. ~ JpYt~ L. B'~NH 'd ~ sne t~ ~Y Pa's ~,~ t ara Abed to tb~ widdn aad aclmcsal~l~ed ~t ~ ~ p~u - IN "i~pVTPNL+SB ~F. I ° °°~ ag+ b~ and official sesl_ x~n- ~~ ~~es aF ~vArau- . . cow' ~" } ~' j'1' ' S1,MYR~`~~ tbffi ~ ~ -' 200"~f b~ IDC t~ eobe p~;TRYC'ii .J. aomd LEAB :H. ~ lma~va to m~ (ax ~~Y too tl~ vritltin ~ ~ admowl+od~ed that be ~ zau~ an sub~cxibed ~ the same &tr the purpoaoe d~rdn oo~ned. IN ~"~1~~ Wi'`~ 1 0 ~ ~3!~ Lend aRrd ° ~. rm~rr~na;o w A ~~ V ~p ~i P+.~ ~~ ~a ~. !~G ~ ,j 0 ~~ ~~ ~jE ~~ ~~ ~~~ ~~~ Y ~~~~ ~g ~ ~ ~ ~ ~~ V -~ n ~-- v O -+ -~-~, ~ 'r r _ N r~ T -;~ 7a~~ W '.~ Matthew M. Haar, Esq. (85688) Saul Ewing LLP 2 N. Second Street, 7th Floor Harrisburg, PA 17101 717-257-7508 Attorneys for Plaintiffs --------------------------------------------------------------------------------------------------------------------- JACK GAUGHEN, INC., IN THE COURT OF COMMON PLEAS OF DONALD L. RUNK and :CUMBERLAND COUNTY, PENNSYLVANIA JOYCE L. RUNK, husband and wife Plaintiffs, . v. No. 07-3994 Civil Term PATRICK J. CAMPBELL and LEAH H. CAMPBELL, . husband and wife, . Defendants. :Civil Action --------------------------------------------------------------------------------------------------------------------- AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA . SS COUNTY OF DAUPHIN ; Before me, the undersigned Notary Public, personally appeared Timothy D. Yokes, Investigator for API Investigations of Marysville, Pennsylvania, to me known, who being duly sworn according to law, deposes and says as follows: 1. I am adult individual, over 18 years of age, and not a party, an employee of a party, or a relative of a party to this action. 2. On Tuesday, July 3, 2007, at 6:30 p.m. I went to 110 Orchard Street, Mechanicsburg, Cumberland County, Pennsylvania, and handed a certified, time-stamped copy of the Complaint to Defendant Patrick J. Campbell in accordance with Pa. R.C.P. 400(b)(1). I declare under penalty of perjury under the laws of the United States of America that the foregoing information contained in the Affidavit is true and correct. ~~ ~./ _ ~ U ....._- Timothy D. Vo Sworn and subscribed to before me this 5th day of July, 2007. tary Public ~, COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kathy L Sitler, Notary PubUc My Coon E~ires March 23, 2008 Member, Pennsylvania Association of Notaries -2- CERTIFICATE OF SERVICE I, Kathy L. Sitler, an employee of the law offices of Saul Ewing LLP, do hereby certify that on the 6t" day of July, 2007, I did cause to be served a true and correct copy of the foregoing Affidavit by sending same via United States first-class mail, postage prepaid, to the following persons: Patrick J. Campbell Leah H. Campbell 110 Orchard Street Mechanicsburg, PA 17055 Andrew W. Barbin, Esquire Law Offices of Andrew W. Barbin, P.C. 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 ~~. Date: July 6, 2007 ~ ,t Kathy L. itler 134300.17/6/07 ('j ra ~ C~ r-- -~' 'i'1 ~" -c ~ ~'' r .~ ~ ' -_~ rn 1 't'~ ~ ~..y l:~ _ '""3 " .f ~ ')~f ^.` ..~ ~ '-. 1 3 Andrew W. Bazbin, Esquire Atty. LD. #43571 ANDREW W. B.4RBIN, P.C. 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 (717)506-4670 JACK GAUGHEN, INC., DONALD L. RUNK and JOYCE L. RUNK, husband and wife, Plaintiffs v. PATRICK J. CAMPBELL and LEAH H. CAMPBELL, husband and wife, Defendants: Attorney for Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07-3994 Civi12007 PRAECIPE FOR ENTRY OF APPEARANCE TO: CURT LONG, Prothonotary Please enter the appearance of the undersigned as counsel for Defendants Patrick J. Campbell and Leah H. Campbell, husband and wife, in the above captioned matter. Respectfully Andrew ~V. Barbin, Esqui>le Atty. I.D. 43571 ANDREW W. BARBIN, P.C. 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 717-506-4670 Attorney for Defendants DATED: August 16, 2007 Andrew W. Barbin, Esquire Atty. LD. #43571 AxnxEw W. BARBIN, P.C. 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 (717)506-4670 Attorney for Defendants JACK GAUGHEN, INC., : IN THE COURT OF COMMON PLEAS DONALD L. RUNK and :CUMBERLAND COUNTY, PENNSYLVANIA JOYCE L. RUNK, husband and wife, Plaintiffs ~. CIVIL ACTION -LAW PATRICK J. CAMPBELL and LEAH H. CAMPBELL, husband and wife, : N0.07-3994 Civi12007 Defendants: CERTIFICATE OF SERVICE I, ANDREW W. BARBIN, hereby certify and state that I served a true and correct copy of Atty. I.D ~#43571 Andrew W. Barbin, P.C. 5020 Ritter Road, Suite 109 Mechanicsburg, PA 17055 (717) 506-4670 the foregoing PRAECIPE FoR ENTRY OF APPEARANCE on this the 16~` day of August, 2007, by United States First Class Mail, postage prepaid, upon the following counsel of record: Matthew M. Haar, Esquire Saul Ewing, LLP 2 North Second Street, 7~' Floor Harrisburg, PA 17101 Attorney for Defendants r...7 ti G'~ ~ ~= y '=~ _" ~-,~ ~- s_ ~ . _, -,, ,~;:• s e ..C. 1 ~