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HomeMy WebLinkAbout07-4877STEPHEN and JEAN C. PELLETIERE, IN THE COURT OF COMMON PLEAS Petitioners CUMBERLAND COUNTY, PENNSYLVANIA ~. NO. ~~ - ~8'1'i C ~ vi l Ter~r+ JEFFERY and DEBRA PIERSON, Respondents COMPLAINT 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 maybe 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. Court Administrator Cumberland County Court House 1 Courthouse Square Carlisle, PA 17011 (717) 240-6200 STEPHEN and JEAN C. PELLETIERE, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA NO. d 7- JEFFERY and DEBRA PIERSON, Defendant COMPLAINT IN EQUITY COMPLAINT 1. The Plaintiffs are Stephen Pelletiere and Jean C. Pelletiere, his wife, who reside at 74 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendants are Jeffery and Debra Pierson who reside at PO Box 206, New Kingston, Pennsylvania 17072. 3. The Defendants are owners of property known as 6 and 8 North Frederick St., Mechanicsburg, Cumberland County, Pennsylvania 17055 4. The Defendants' property, anon-residential single story structure, is located directly behind the Pelletieres' property. 5. Plaintiffs purchased the residence n Mechanicsburg, Pennsylvania on February 1, 1992. Attached hereto, incorporated herein and marked Exhibit "A" is a copy of the Plaintiffs' deed. 6. The Defendants purchased the property located at 6 and 8 North Frederick St., Mechanicsburg, PA sometime in 2006. 7. Located at the reaz of and attached to the Plaintiffs' residence is an apartment they own and rent. 8. Ingress and egress to the apartment is provided by a stairway and a walkway located at the back of the apartment owned by the Plaintiffs. 9. A certain portion of the stairway and walkway is located on Defendants' property. 10. Plaintiffs' residence, Defendants' property, and the subj ect stairway and walkway for ingress and egress to the apartment is set forth in a sketch attached hereto, incorporated herein and marked Exhibit "B". 11. A photocopy of a photograph setting forth the disputed area is attached hereto, incorporated herein and marked Exhibit "C". 12. The ingress and egress walkway and stairs to the apartment is the only practical method of entering and exiting the apartment. 13. The ingress and egress walkway and stairs has been used without interruption since at least 1976. 14. The use of this means of ingress and egress has been physical, conspicuous and notorious in that the use is open and visible from Plaintiffs' property, Defendants; property and North Frederick St., Harrisburg, PA since at least 1976. 15. The use of this means of ingress and egress has been exclusive and has not been shared with any other party except the Plaintiffs' and predecessors and the occupants of the apartment. 16. The Plaintiffs, and their predecessors in title, have acted since 1976, as if the property were theirs, and has been hostile to the present owner, his predecessors in title and others. 17. Sometime on or about August 11, 2007 the Defendants placed a barrier across the steps for ingress and egress to Plaintiffs' apartment and are now denying Plaintiffs' and their renters the right to use the stairway and pathway to Frederick St. 18. Said conduct on the part of the Defendants will interfere with the Plaintiffs' ability to rent their apartment and the ability of the tenants of the apartment to gain access to the apartment all of which will cause economic damages to the Plaintiffs now and in the future 19. The purpose of this action is to determine the Plaintiffs' right, title and interest in the use of this walkway and stairs set forth in Exhibit "B" and to establish a permanent easement to use the stairway and walkway. 20. T'he Plaintiffs acquired the right to use the stairway and walkway as a prescriptive easement and an easement by necessity and have satisfied all of the criteria set forth to establish their claim. 21. Furthermore, by virtue of the conduct of Defendants' predecessors in title, Defendants are estopped from barring Plaintiffs' access to the stairway and walkway. WHEREFORE, Plaintiffs request that this Court enter an Order: A. Declaring the Plaintiffs, their successors in title and any tenants of the subject apartment have a legal easement now and in the future to use the stairway and walkway which is set forth in Exhibit "B". B. Entering a Preliminary Injunction barring the Defendants from blocking access to the walkway and stairway which is situated on the section of land which is the subject of this suit and set forth in Exhibit "B". C. Entering judgment against the Defendants and in favor of the Plaintiffs for any economic harm done to the Plaintiffs. D. Such other and further relief as should be just and proper under the circumstances. L. Rex cley 114 outh St. Harrisburg, PA 17101 717-234-0577 ? 17-234-7832 fax VERIFICATION We, Stephen Pelletiere and Jean C. Pelletiere, hereby verify that the information contained in the foregoing document are true and correct to the best of our information, knowledge and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904 relating to unsworn falsification to authorities. j ~ Date: ~ ~ ~ ~ ~ I Q~ Stephen Pelletiere ,~ ean C. Pelletiere f DEED .s~' THIS DEED made the ~~ day of ~,~ ~,~- 1992, between EDWIN W. GREGORY and SUELLEN G. GARGALLI, Co-Exe tors of the Estate of DOROTHY LEHMAN OSHER, deceased, late of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, Grantors, parties of the first part AND STEPHEN C. PELLETIERE and JEAN C. PELLETIERE, his wife, of Cumberland County, Pennsylvania, Grantees, parties of the second part WITNESSETH, that in consideration of the sum of Two Hundred Eight Thousand ($208,000.00) in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantees: ALL THAT CERTAIN TRACT or parcel of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described ad follows, to wit: BEGINNING at a point on the north side of Main Street, said point being at the line of land now or formerly of the heirs of R. H. Thomas, Jr.; thence along the northern line of Main Street, in a westerly direction 38.35 feet more or less, to a point on the northeast corner of Main Street and North Frederick Street; thence along the eastern line of North Frederick Street in a northerly direction 118 feet, more or less, to an iron pin in the eastern line of North Frederick Street, said point also being at the line of lands now or formerly of William H. Gable, William G. Magaro, David W. Magaro and Nelson F. Spangler, partners trading and doing business as Variety Amusement; thence along the southern line of land now or formerly of William H. Gable, William G. Magaro, David W. Magaro and Nelson F. Spangler, partners trading and doing business as Variety Amusement, in an easterly direction 38.35 feet, more or less, to an iton pin on the line of lands now or formerly of William H. Gable, William G. Magaro, David W. Magaro and Nelson F. Spangler, partners trading and doing business as Variety Amusement; thence along land now or formerly of the heirs of R. H. Thomas, Jr., in a southerly direction 118 feet, more or less, to a point on the ~ooK ~ 35 ~acfiU 57 EXHIBIT "A" northern side of Main Street, the place of BEGINNING. HAVING THEREON ERECTED a dwelling house known and numbered as 74 West Main Street. BEING the same premises which Edwin J. Baker and Mary L. Baker, his wife, by their deed dated September 27, 1990, and recorded October 2, 1990, in the Cumberland County Recorder of Deeds Office in Deed Book U, Volume 34, Page 729, granted and conveyed unto Dorothy Lehman Osher. The said Dorothy Lehman Osher died April 2, 1991 and Letters Testamentary were granted April 5, 1991 to Edwin W. Gregory and Suellen G. Gargalli, Co-Executors, grantors herein. TOGETHER with all and singular, the tenements, hereditaments, and appurtenances to the same belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; AND ALSO all the estate, right, title and interest, property claim and demand whatsoever, both in law and equity, of the said party of the first part, of, in, to or out of the said premises, and every part and parcel thereof. TO HAVE AND HOLD the said granted premises to the said STEPHEN C. PELLETIERE and JEAN C. PELLETIERE, his wife, their heirs, executors, administrators and assigns forever. AND the said EDWIN W. GREGORY and SUELLEN G. GARGALLI, Co- Executors of the Last Will and Testament of Dorothy Lehman Osher, deceased, for themselves, their heirs, executors, administrators and assigns doth covenant, promise and agree to and with the said Stephen C. Pelletiere and Jean C. Pelletiere, their heirs, executors, administrators and assigns, that the said Dorothy Lehman Osher, died seized of the premises herein granted and that they, Edwin W. Gregory and Suellen G. Gargalli, Co-Executorr of the Last Will and Testament of Dorothy Lehman Osher, deceased, have not done, committed, or wittingly or willingly suffered to be committed, any 2 b00~ ~~5 PAG:~.o~ act, matter or thing whatsoever whereby the premises aforesaid, or any part thereof, is, are or shall be impeached, charged or encumbered in title, charge or estate or otherwise howsoever. IN WITNESS WHEREOF, the said Edwin W. Gregory and Suellen G. Gargalli, Co-Executors of the Last Will and Testament of Dorothy Lehman Osher, deceased, have hereunto set their hands and seals the day and year first above written. W~~NESS: ' ~-i..f. `' ~ Q '~;.'r'1 ~ , Schoo! Dist Cumb. Co„ Ps. ' L~i'!6 Resl Estate ltensfer Arc (jU Det. 3 ~ZAm:.,... Robert P. Ziegler Cumb. Co. Dist. Coi. Aft. ESTATE F D~OR~OTHY LEHMAN OSHER B ` !Q/~ Edwin W Gregory, Co-E cutor Suellen G. Gargalli, Co-Executor ~ eL~? 2~ 6~'~7 Cutnb~ Cei~, h. ~!6 Reed Este~'Rae-e~t'fiMtt ~ ~, Robert P. Zkpler Ctuttib. Co. Dht. Coi. Aft. G:^T `",..i ~~{!fl\.~I\J ~~11~C. F1 i.11'!i ~,Jr. f)f 4~~~~`~.~ ~:. •Y~~o.'~~) '-,~ ~~ '^~14~11~\~~\l{\}iL'i~~{.i is ~~~i' Nt:; Vi\I ~l\Jj \~la i\{i,`.t .,". _.. ~ ~ ~'J slr{'~~ tv/lrh~ ~F "2~~Y'~I~3'i~~ - '`z ~ F'., ~ °~~' R~V~~I~l~ ".: ._.. ~ c, ~ .......~ _ ._ -. <, _ . d {~ ~~ ~ ~ ~~ ~r<•'.,.- ~r ;HAl~9'9~ +x .~f>ra ~ ?~ ,,,, ~~' ~~ ~; ~ ~ns~~~ `F C~a.'. ~!'9:. ~ `~~-r~' ~ ~~ ;.° ... ~' ~ ~ ~-.' ;. . . ~ .. ~ ~ ,- _.. ~ <,, ~,,~n.i~,~1C?i~~V'JEd~.i`iz-? <'~r {~Fniv `.,.,r~',I~il~'. °~:.. ,...• il`~'r',•;'t'.':1'v1vC'~Y ,.`i' R[:Vsi~iiiE _. _ _ ~, ,_ . ~ ..,...~ ,~ ~ X _.... . .~4. '_~. ~ 1P, r. a ... 3 80!!!(~ 3~ PACEiO S9 ,. Ci'7 n x~ N r- rn ;z3 C? ' ~ " rf1 Q ~ c~ x~ ~ ~~~ D - ~ ~ n r ~ tD a° ~ , ~ 4~ C: " -~ n "~ ~ ...,~ p m c o M ~frmi~0 -{ ~ "Tl fi'1 .~ ~ "'{ .. !.~ n x ni COMMONWEALTH OF PENNSYLVANIA: SS: COUNTY OF DAUPHIN On this the s~--- _~-~ day of February, 1992, before me. a Notary Public, for said Commonwealth and County, personally appeared EDWIN W. GREGORY and SUELLEN G. GARGALLI, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained. Witness my hand and seal the day and year aforesaid. Notary u lic . ~' ~^,`,~,.~1~'~`J,~ ~,~. ••7A. . / .~ .. My Com = ca ~ ::;: ;~ ~ ~, P1074R1AL 511 ,', ~ ~ `' I "y, Pa. ~'iQ~~o~ ..~ ~.. ~ ~~~~ ~ '~~ w '~ ~,-,~...-'.•_.. r ~_i o I c i. ?0, 1995 ,''~ •~ '4' `~ ~~'' Precise residence of Gra ees ~~ ~ ~' ~~.( As ,~ ~ n ' !" f ran ees -- ~t~?e ~~f re ~nsylvania - • - ' ~ .. , i a ` ,(+~~ yy c ~ k R Y Cumberland r~ •., {o f, '"4~ ~~A , y~,rx~ "'~~~:u: coed in the office for the recording of i:~e~;cds ,' ~ ~ ~; a:c sn and far umber9\~~~oUnt , f'a. ~;;" ` r '' ,~ ;~ in3c,~ik ~ ~'ol. ~ ~ a ,F~'', ~ x ,',. Pa a S''] •.~ , ~,ti~., , ~~~i~Cr~ess m hand ~ r, . ~ ~ z~. ,~~.~~'~,~~~~ ~~~; v d ea! of office of ~ €~, '~k~`~~~F~ Carlisle, PA this da ~ ~ # ` ;.~ ~ s 4 ~,•~ ` . ~ ..,. R cord -, ~;' ' ~ . , `° 4 ''.: y `~'~` a ~; ~> • ~ w AmKC1 :~S PAGf~.~6~ N~I~~N v c~ ~l 1~ ~.- 11, ~~ v W~tl~cwuH ~ ., ~ ~ ~f~~~ ~ ~~ EN~C~ANGE fi~ ~Ff ~~ a' ~~{ ~trs'd~ ~1~~ ~~aN~ G~T~'NCE WEST M{~~N STi2EEt EXHIBIT "B" (Photograph taken prior to erection of barrier.) EXHIBIT "C" CERTIFICATE OF SERVICE I, L. Rex Bickley, Esquire, hereby certify that on this 16~' day of August, 2007 I served a true and correct copy of the foregoing document on the following individuals at the following address by first class mail, postage prepaid at Harrisburg, PA: Jeffery and Debra Pierson PO Box 206 New Kingston, PA 17072 Stuart Magdule, Esq. 4431 N. Front St. Harrisburg, PA 17110 L. Rex Bi 114 S th St. H sburg, PA 17101 717-234-0577 717-234-7832 fax C 'I -.._,~ ~7 ^r ~ -°-i _ '~ /~~ ~•~ ~ ~ ~/v O r w ~ ~~ .~ C.) STEPHEN and JEAN C. PELLETIERE, Petitioners . v. . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. d ?. `a' X77 (~,~:.( Tu,,,. JEFFERY and DEBRA PIERSON, Respondents COMPLAINT IN EQUITY PETITION FOR PRELIMINARY INJUNCTION Petitioners, through their undersigned counsel, L. Rex Bickley, petition this Court for an issuance of a Preliminary Injunction pursuant to Pa. R.Civ.P.1531 and in support thereof allege as follows: 1. Plaintiffs have filed a verified Complaint in Equity with the Prothonotary of this Court on August 16, 2007 a true copy of which is incorporated herein, attached hereto and marked Exhibit "A". 2. The action of the Defendants in blocking the walkway and stairway will deny Plaintiffs' tenants practical access to their apartment. 3. Plaintiffs will suffer immediate and irreparable harm if this Injunction is not granted. 4. Plaintiffs have no adequate remedy at law to address the current and pending harm from the Defendants' conduct. 5. The issuance of the injunction will not be contrary to public interest. 6. Plaintiffs are likely to succeed on the merits of their claim. 7. The right of the Plaintiffs to have and to continue to use the walkway and stairway (including tenants), is lawful and is enforceable inequity and Plaintiffs will be entitled upon a final hearing to a permanent Injunction. WHEREFORE, Plaintiffs request that this Court issue a Preliminary Injunction directing the Defendants to remove the barrier blocking the use of the Plaintiffs' apartment until such time as this matter may be heard. L. Rex Bickley 114 South St. Harrisburg, P 7101 717-234-05'17 717-234-7832 fax VERIFICATION We, Stephen Pelletiere and Jean C. Pelletiere, hereby verify that the information contained in the foregoing document are true and correct to the best of our information, knowledge and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904 relating to unsworn falsification to authorities. Date: ~ ~ l ~ 6 ~ b~ 1 Stephen letiere can C. Pelletiere STEPHEN and JEAN C. PELLETIERE, IN THE COURT OF COMMON PLEAS Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA v. NO. v ~- yP~ ~ Curs-! ~.u...t- JEFFERY and DEBRA PIERSON, Defendant COMPLAINT IN EQUITY COMPLAINT 1. The Plaintiffs are Stephen Pelletiere and Jean C. Pelletiere, his wife, who reside at 74 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendants are Jeffery and Debra Pierson who reside at PO Box 206, New Kingston, Pennsylvania 17072. 3. The Defendants are owners of property known as 6 and 8 North Frederick St., Mechanicsburg, Cumberland County, Pennsylvania 17055 4. The Defendants' property, anon-residential single story structure, is located directly behind the Pelletieres' property. 5. Plaintiffs purchased the residence n Mechanicsburg, Pennsylvania on February 1, 1992. Attached hereto, incorporated herein and marked Exhibit "A" is a copy of the Plaintiffs' deed. 6. The Defendants purchased the property located at 6 and 8 North Frederick St., Mechanicsburg, PA sometime in 2006. 7. Located at the rear of and attached to the Plaintiffs' residence is an apartment they own and rent. EXHIBIT "A" 8. Ingress and egress to the apartment is provided by a stairway and a walkway located at the back of the apartment owned by the Plaintiffs. 9. A certain portion of the stairway and walkway is located on Defendants' property. 10. Plaintiffs' residence, Defendants' property, and the subject stairway and walkway for ingress and egress to the apartment is set forth in a sketch attached hereto, incorporated herein and marked Exhibit "B". 11. A photocopy of a photograph setting forth the disputed area is attached hereto, incorporated herein and marked Exhibit "C". 12. The ingress and egress walkway and stairs to the apartment is the only practical method of entering and exiting the apartment. 13. The ingress and egress walkway and stairs has been used without interruption since at least 1976. 14. The use of this means of ingress and egress has been physical, conspicuous and notorious in that the use is open and visible from Plaintiffs' property, Defendants; property and North Frederick St., Harrisburg, PA since at least 1976. 15. The use of this means of ingress and egress has been exclusive and has not been shared with any other party except the Plaintiffs' and predecessors and the occupants of the apartment. 16. The Plaintiffs, and their predecessors in title, have acted since 1976, as if the property were theirs, and has been hostile to the present owner, his predecessors in title and others. 17. Sometime on or about August 11, 2007 the Defendants placed a barrier across the steps for ingress and egress to Plaintiffs' apartment and are now denying Plaintiffs' and their renters the right to use the stairway and pathway to Frederick St. 18. Said conduct on the part of the Defendants will interfere with the Plaintiffs' ability to rent their apartment and the ability of the tenants of the apartment to gain access to the apartment all of which will cause economic damages to the Plaintiffs now and in the future 19. The purpose of this action is to determine the Plaintiffs' right, title and interest in the use of this walkway and stairs set forth in Exhibit "B" and to establish a permanent easement to use the stairway and walkway. 20. The Plaintiffs acquired the right to use the stairway and walkway as a prescriptive easement and an easement by necessity and have satisfied all of the criteria set forth to establish their claim. 21. Furthermore, by virtue of the conduct of Defendants' predecessors in title, Defendants are estopped from barring Plaintiffs' access to the stairway and walkway. WHEREFORE, Plaintiffs request that this Court enter an Order: A. Declaring the Plaintiffs, their successors in title and any tenants of the subject apartment have a legal easement now and in the future to use the stairway and walkway which is set forth in Exhibit "B". B. Entering a Preliminary Injunction barring the Defendants from blocking access to the walkway and stairway which is situated on the section of land which is the subject of this suit and set forth in Exhibit "B". C. Entering judgment against the Defendants and in favor of the Plaintiffs for any economic harm done to the Plaintiffs. D. Such other and further relief as should be just and proper under the circumstances. L. Rex ley 114 outh St. Harrisburg, PA 17101 717-234-0577 717-234-7832 fax VERIFICATION We, Stephen Pelletiere and Jean C. Pelletiere, hereby verify that the information contained in the foregoing document are true and correct to the best of our information, knowledge and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904 relating to unsworn falsification to authorities. Date: f1 ~ ~ ~ ~ ~ Q~-- Stephen Pelletiere ~~ ~ - ~ ~ ean C. Pelletiere DEED s~' THIS DEED made the ~_ day of -~~,,-~,~~r 1992, between EDWIN W. GREGORY and SUELLEN G. GARGALLI, Co-Exe utors of the Estate of DOROTHY LEHMAN OSHER, deceased, late of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, Grantors, parties of the first part AND S'T'EPHEN C. PELLETIERE and JEAN C. PELLETIERE, his wife, of Cumberland County, Pennsylvania, Grantees, parties of the second part WT`1NESSE`I'H, that in consideration of the sum of Two Hundred Eight 'thousand ($208,000.00) in hand paid, the receipt wYiereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantees: ALL THAT CERTAIN TRACT or_ parcel of land situate in the Borough of Mechanicsburg, Cumberland County, Pennsylvania, more particularly bounded and described ad follows, to wit: BEGINNING at a point on the north side of Main Street, said point being at the line of land now or formerly of the heirs of R. H. Thomas, .J r.; thence along the northern line of Main Street, in a westerly direction 38.35 feet more or less, to a point on the northeast corner of Main Street and North Frederick Street; thence along the eastern line of North Frederick Street in a northerly direction 118 feet, more or less, to an iron pin in the eastern line of North Frederick Street, said point also being at the line of lands now or formerly of William H. Gable, William G. Magaro, David W. Magaro and Nelson F. Spangler, partners trading and doing business as Variety Amusement; thence along the southern line of land now or formerly of William H. Gable, William G. Magaro, David W. Magaro and Nelson F. Spangler, partners trading and doing business as Variety Amusement, in an easterly direction 38.35 feet, more or less, to an iton pin on the line of lands now or formerly of William H. Gable, William G. Magaro, David W. Magaro and Nelson F, Spangler, partners trading and doing business as Variety Amusement; thence along land now or formerly of the heirs of R. H. 2'homas, Jr., in a southerly direction 118 feet, more or less, to a point on the ~aoK ~ 35 ?acf~.U 57 EXHIBIT "A" northern side of Main Street, the place of BEGINNING. HAVING THEREON ERECTED a dwelling house known and numbered as 74 West Main Street. BEING the same premises which Edwin J. Baker and Mary L. Baker, his wife, by their deed dated September 27, 1990, and recorded October 2, 1990, in the Cumberland County Recorder of Deeds Office in Deed Book U, Volume 34, Page 729, granted and conveyed unto Dorothy Lehman Ocher. The said Dorothy Lehman Ocher died April 2, 1991 and Letters 'T'estamentary were granted April 5, I991 to Edwin W. Gregory and Suellen G. Gargalli, Co-Executors, grantors herein. TOGETHER. with all and singular, the tenements, hereditaments, and appurtenances to the same belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; AND ALSO all the estate, right, title and interest, property claim and demand whatsoever, both in law and equity, of the said party of the first part, of, in, to or out of the said premises, and every part and parcel thereof. TO HAVE AND HOLD the said granted premises to the said STEPHEN C. PELLETIERE and JEAN C. PELLETIERE, his wife, their heirs, executors, administrators and assigns forever. AND the said EDWIN W. GREGORY and SUELLEN G. GARGALLI, Co- Executors of the Last Will and Testament of Dorothy Lehman Ocher, deceased, for themselves, their heirs, executors, administrators and assigns doth covenant, promise and agree to and with the said Stephen C. Pelletiere and Jean C. Pelletiere, their heirs, executors, administrators and assigns, that the said Dorothy Lehman Ocher, died seized of the premises herein granted and that they, Edwin W. Gregory and Suellen G. Gargalli, Co-Executorr of the Last Will and `I'estarnent of Dorothy Lehman Osher, deceased, have not done, committed, or wittingly or willingly suffered to be committed, any 2 ~aa~ ~35 sac: ~.0 ~8 act, matter or thing whatsoever whereby the premises aforesaid, or any part thereof, is, are or shall be impeached, charged or encumbered in title, charge or estate or otherwise howsoever. 1N WITNESS WHEREOF, the said Edwin W, Gregory and Suellen G. Gargalli, Co-Executors of the Last Will and Testament of Dorothy Lehman Osher, deceased, have hereunto set their hands and seals the day anti year first above written. W `NESS } _ /~~ ,: L ~~ r) i ~ ~~~f School Dist Cumb. CQ„ Pa. " fif6 Real Estate Treng{er Tsx L- Dat~ ~ ~ ~.~- / o S~ ~ . ire Amt...._._._._,_ Robert P. Ziegler Cumb, Co. Dist, Col. Agt. ESTATE F DOROTHY LEHMAN OSHER B ~~ Edwin W. Gregory, Co-E tutor By ~. ~ ~~~ Suellen G. Gargalli, Co-Executor Borough of e G ' ~'~ ~' `", G~,1 Cumb. Ca. l~sr ~x Re~i Fwat.rr.~t.i~r~ 3 ./-~z / o ~. a . ~ Date Amt..,,,....,,..,..., Robert P. 2iegier Cumb. Go. Dist. Coi. l4gt. _~ ~ , . i _-~:i,~,.~.,'I`','~1~~~~.!{rti ~.~7j a _ .. ~_.., t.{~~,~i,~i .`''=,'``~I- __~ _ ~ _.:~,",~,~h.)i?.A''r.sir ;.` s~.:~~~l~ii~/~\;'. _. , I. .. . ,- ~ ,,,ri ,;. ,. r. .. _.. ~ . l~~. A'.. L.,~. `; ,. Vi; i~J ,.S `_ _.... ..._ l~ r IC i:~V~~ a e~~~' ~~f_V'*~; jA(I_~~_ ~ ..._ .., _~ Ir 61 f~ f~ ~, ~ .. ~ ~_~ If r~~ .~ fa i - , ,~ [V ~ trt .. ~ •,; ct x.. , . ._ t -- -• ..._ _ r r- Z~ r~~ _m v + F ~ .. ~ to y,, c-~ ~ v ', ~dw ~ 'a~y ,, i Ii ~~ ..~ ~}fl. ~ ~ ~ ~. ~ ~ ~ ~=~ ; ; ., . ~ y ~ _~ i ~ _ ~ a rn H ~ m ~ rn ~ -< p `~ CT1 Zt Ut -i f,Il y, ~: • r. i 3 $oox~ ~~ P~GEioss COMMONWEALTH OF PENNSYLVANIA: . SS: COUN'I'Y Of~' DAUPHIN ..--r- On this the _~ l ~ day of February, 1992, before me. a Notary Public, for said Commonwealth and County, personally appeared EDWIN W. GREGORY and SUELLEN G. GARGALLI, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrurrtent and acknowledged that they executed the same for the purposes therein contained. Witness my hand and seal the day and year aforesaid. '~ ..,. Notary. u lic ~~ I ~\ •'~it"ti l,r ~~ ;~~• ~.t. ;> . ~`~ ~_ R My Com~i-e~-~--I~.p-i--r-~.~..• ~ yr ..~, '~ ~,, ~ ~-' ' ___~ _ .it y ~. ~;,,,,. , Precise residence of Gra ~~•" ees ~_ 1 ~ / ,, 1 ---r ~~ (~~ ~ ` << ~~, ~ ,~ 1 %c~,~ ~ ~, ., - ,•, ., ~.k-c_. , --. _ f ran ees ___ . _..,.,_..._..., . ~ ~ y ~~ .. Y fS~~N / E i)i \.+t..lf ~~I~e r3 C~. ~~ Sa~. Zw. ~ ~. ~~~i ~ ~ .. R ~~~ '~,~ ii cn tfte office for tf7 ~ ' _ ~ "` ; re~cordiro~ ~7f a~:~a~;~ ~:~. pro arae9 f(ar ~urt~berl n ot~a~t P~; a ~ ~ ~s~~ , _. .~"r. "r Y n f : r ~.e ~nrt"1~~:~~, rya hard ° d ~ cal of offi A ,, ~~> ~ i q~ ' .,~ ~- ;. ~? ~ < ` 4 E.drit~le, P/~ t1~ts ce of /~'~ ' ~ , N 3 it (~ f / CtaY~ C L~ "~`i. .____... ~ ~ ~' 9 ~{t'T ~. ~ c r~ 'if am, ~ 4 ~. ; ~• t B ~ -; ,`,; ~, , ~~ , t, .~ ~.~®...q.'' ~ u~~+~ ~ual~v,.,u~ :~ d u -~ ~~ n ~~~ ~ ~~~ ~~' ~ ~ ~~ 2 ENY~~~rGE ~~ V ~-Y-~- _O ~~ U VY f! H C~ ~Rr~' d~ WEST M~iN s7~ee~ EXHIBIT "B" (Photograph taken prior to erection of barrier.) EXHIBIT "C" CERTIFICATE OF SERVICE I, L. Rex Bickley, Esquire, hereby certify that on this 16`h day of August, 2007 I served a true and correct copy of the foregoing document on the following individuals at the following address by first class mail, postage prepaid at Harrisburg, PA: Jeffery and Debra Pierson PO Box 206 New Kingston, PA 17072 Stuart Magdule, Esq. 4431 N. Front St. Harrisburg, PA 17110 L. Rex Bi ey 114 S th St. H sburg, PA 17101 717-234-0577 717-234-7832 fax C'7 °''' - r c> ~~ -~ ~.:-.~'~' ~.._ ~- .'t ;~~ t -..i -'' ~ . "_ ; r'. ~_ -,,~ _ ...~ ~=~~ ii -~ ~'-~ --..t { STEPHEN AND JEAN C. PELLETIERE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFFS :CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFERY AND DEBRA PIERSON, DEFENDANTS 07-4877 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of August, 2007, IT IS ORDERED that a hearing shall be conducted on the within petition for a preliminary injunction at 11:00 a.m., Monday, August 27, 2007, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By th urt, ~ii~.-~ Edgar B. Bayley, J. ~ex Bickley, Esquire For Plaintiffs tuart Magdule, Esquire For Defendants :sal c~ ~~ ~.. ~. ["~ trv ~!4 ~~v ~ y,L i Tt.F~. _ A ~ t ~f ~~ ~_~~ ~ +~. f......~ ':n ~= ~ S SMIGEL, ANDERSON & SACKS, LLP Peter M. Good, Esquire River Chase Office Center, 3rd Floor ysood(a7sasllp.com 4431 North Front Street Darryl J. Liguori, Esquire Harrisburg, PA 17110 dliguori(u~sasllp.com (717) 234-2401 Attorneys for Defendants STEPHEN and JEAN C. IN THE COURT OF COMMON PLEAS PELLETIERE, CUMBERLAND COUNTY, Plaintiffs, PENNSYLVANIA v. N0.07-4877 CIVIL TERM JEFFREY and DEBRA PIERSON, CIVIL ACTION- LAW AND EQUITY Defendants. DEFENDANTS JEFFREY AND DEBRA PIERSON'S RESPONSE IN OPPOSITION TO PLAINTIFFS' PETITION FOR PRELIMINARY INJUNCTION AND NOW COMES Defendants Jeffrey and Debra Pierson (hereinafter "Defendants"), by and through their attorneys, Smigel, Anderson & Sacks, LLP, and file the following Response in Opposition to Plaintiffs' Petition for Preliminary Injunction and aver in support as follows: 1. Admitted. 2. Denied. Long Lane Real Estate Enterprises, LP (hereinafter "Long Lane"), not the Defendants, owns the property that is located at 6 and 8 North Frederick Street, Mechanicsburg, Pennsylvania, 17050. Long Lane, not the Defendants, constructed the fence that blocked the walkway and stairway to Plaintiffs' apartment. The construction of this fence will not deny Plaintiffs, and their tenants, access to the apartment because alternative access to the apartment exists through the garage. 3. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. ..i 4. Denied. The averments of this pazagraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments aze specifically denied. 5. Denied. The averments of this pazagraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 6. Denied. The averments of this pazagraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments aze specifically denied. 7. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. WHEREFORE, Defendants respectfully request that this Honorable Court deny the Plaintiffs' Petition for Preliminary Injunction and enter judgment in favor of Defendants. Respectfully Submitted, SMIGEL, ANDERSON & SACKS, LLP Date: August 27, 2007 By; v p v ~ Peter M. Good, Esquire - ID #64316 Darryl J. Liguori, Esquire - ID #91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Defendants 2 ~_ VERIFICATION I, Debra A. Pierson, verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Date:~~7 •- ~ "~~~ De ra A. Pierson, President r tl ~ +` CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for the Defendants in the above-captioned matter, certify that I this day served a copy of the foregoing Response in Opposition to Plaintiffs' Petition for Preliminary Iniunction upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: L. Rex Bickley 114 South Street Harrisburg, PA 17101 SMIGEL, ANDERSON & SACKS, LLP Date: August 27, 2007 By: Peter M. Good, Esquire - ID #64316 Darryl J. Liguori, Esquire - ID #91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Defendants ~? ~ " ~ -, `P 'y ~ r~• -rz r ~ c~ ~ ~~ r`- -r,~. ~.. »_ ~~1 ~T'ti~ ~...f #~.. 4J .~~ ... yam. y , J ~~ ;Tt ~ ~~ °-~s ;~% w - ..s SMIGEL, ANDERSON & SACKS, LLP Peter M. Good, Esquire River Chase Office Center, 3rd Floor Agood(k?sas]Jp.com 4431 North Front Street Darryl J. Liguori, Esquire Harrisburg, PA 17110 dli ~ii~ri(i~sasllp.com (717) 234-2401 Attorneys for Defendants STEPHEN AND JEAN C. PELLETIERE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs, v. Docket No. 07-4877 CNIL TERM JEFFERY AND DEBRA PIERSON, Defendants. ENTRY OF APPEARANCE Please enter our appearance on behalf of the Defendants, Jeffery and Debra Pierson. SMIGEL /~ & S KS, LLP Date: ~ ~~a By: ~ l 7 Peter M. Good, Esquire ID #64316 Darryl J. Liguori, Esquire ID #91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, hereby certify that I have served a true and correct copy of the Entry of Appearance of Smigel, Anderson & Sacks LLP upon counsel for Plaintiffs as addressed by depositing the same in the U.S. Mail, first class, postage prepaid, on this 24th day of August, 2007: L. Rex Bickley, Esquire 114 South Street Harrisburg, PA 17101 SMIGEL ON & SACKS, LLP By: Peter M. G d, Esquire ID #64316 Darryl J. Liguori, Esquire ID #91715 River Chase Office Center, 3rd Floor 4431 North Front Street Hamsburg, PA 17110 (717) 234-2401 ~r ^TS~,f: ~ r ~ ~ c? ~ 'T9 `~1 ~' ~- ~ ' ~ ~ -,-~ ~„ -~ ;~ --~ , C5 .~: STEPHEN AND JEAN C. PELLETIERE, Petitioners V. JEFFERY AND DEBRA PIERSON,: Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - EQUITY N0. 07-4877 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of August, 2007, the petition of Steven Pelletiere and Jean C. Pelletiere for a preliminary injunction, IS GRANTED. Jeffery Pierson and Debra Pierson shall immediately remove the no trespassing sign and barrier preventing ingress and egress to the subject stairs that provides access to the apartment on plaintiffs' property, and shall place no impediments to ingress and egress from the stairs to North Frederick Street. Plaintiffs shall, pursuant to Pennsylvania Rule of Civil Procedure 1531(b), deposit with the Prothonotary cash in the amount of $1.00 to be held by the Prothonotary pursuant to the c~ Rex Bickley, Esquire For Plaintiffs rJPeter M. Good, Esquire For Defendants • , prs ~ t Cl\\G n~\ 0~~ !' ~ f"1 ~.. r --=a . `.. ~, t.. ( ~ i ' .-: _, " ~- - - } 4 t- , ~" ,'~ - ~ ~ f ~ Q N i. •r ., ~ STEPHEN and JEAN C. PELLETIERE, Plaintiffs v. LONG LANE REAL ESTATE ENTERPRISES, LP Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.07-4877 COMPLAINT IN EQUITY 1. The Plaintiffs are Stephen Pelletiere and Jean C. Pelletiere, his wife, who reside at 74 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Long Lane Real Estate Enterprises, LP, a limited partnership with an address of 458 North Locust Point Road, Mechanicsburg, Cumberland County, PA 17050. 3. The Defendant is the owner of the property known as 6 and 8 North Frederick St., Mechanicsburg, Cumberland County, Pennsylvania 17055 4. The Defendant's property, anon-resid~rrtial single story structure, is located directly behind the Pelletieres' Imoperty. 5. Plaintiffs purchased the residence in Mechanicsburg, Pemrsylvania on February 1, 1992. Attached hez+eto, incorporated herein and marked Exhibit "A" is a copy of the Plaintiffs' deed. 6. The Defendant purchased the property located at 6 and 8 North Frederick St., Mechanicsburg, PA sometime in 2006. 7. Located at the rear of and attached to the Plaintiffs' residence is an apartment they own and rent. +~ i 8. Ingress and egress to the apartment is provided by a stairway and a walkway located at the back of the apartment owned by the Plaintiffs. 9. A certain portion of the stairway and walkway is located on Defendant's properly. 10. Plaintiffs' residence, Defendant's property, and the subject stairway and walkway for ingress and egress to the apartment is set forth in a sketch attached hereto, incorporated herein and marked Exhibit "B". 11. A photocopy of a photograph setting forth the disputed area is attached hereto, incorporated herein aad marked Exhibit "C". 12. The ingress and egress walkway and stairs to the apartment is the only practical method of entering and exiting the apartment. 13. The ingress and egress walkway and stairs has been used without intenvption since at least 1976. 14. The use of this means of ingress and egress has been physical, conspicuous and notorious in that the use is open and visible from Plaintiffs' property, Defendant's property and North Frederick St., Harrisburg, PA since at least 1976. 15. The use of this means of ingress and egress has been exclusive and has not been shared with any other party except the Plaintiffs' and predecessors and the occupants of the 16. The Plaintiffs, and their predecessors in title, have acted since 1976, as ifthe property were theirs, and has been hostile to the present owner, his predecessors in title and others. ., i 17. Sometime onoraboutAugust 11, 2007 the Defendantplaced abarrieracross the steps for ingress and egress to Plaintiffs' apartment and are now denying Plaintiffs' and their renters the right to use the stairway and pathway to Frederick St. 18. Said conduct on the part of the Defendant will interfere with the Plaintiffs' ability to rent their apartment and the ability of the tenants of the apartment to gain access to the apartment all of which will cause economic damages to the Plaintiffs now and in the future 19. The purpose of this action is to determine the Plaintiffs' right, title and interest in the use of this walkway and stairs set forth in Exhibit "B" and to establish a permanent easement to use the stairway and walkway. 20. The Plaintiffs acquired the right to use the stairway and walkway as a prescriptive easement and an easement by necessity and have satisfied all of the criteria set forth to establish their claim. 21. Furthermore, by virtue of the conduct of Defendant's predecessors in title, Defendant is estoppel from barring Plaintiffs' access to the stairway and walkway. WHEREFORE, Plaintiffs request that this Court enter an Order: A. Declaring the Plaintiffs, their successors in title and any tenants of the subject apartment have a legal easement now and in the future to use the stairway and walkway which is set forth in Exhibit "B". B. Entering a Preliminary Injunction barring the Defendant from blocking access to the walkway and stairway which is situated on the section of land which is the subject of this suit and +r i set forth in Exhibit "B". C. Entering judgment a~inst the Defendant aad in favor of the Plaintiffs for arty economic harm done to the Plaintiffs. D. Such other and further relief as should be just and proper user the circumstances. ~/ L. Rex Bickley 114 South St. Harrisburg, P 17101 717-234-0577 717-234-7832 fax .. DEED s"~' 'E'li t ~> Ul.;[I',Ia made theme day of ~1,,,., ., ~~~~, 1`_l~)? , bet~~~c~~~n ' l1 L;I)W LN W. c;tZL',GUt:Y and SUELLfN G. GAI2GALLI, Co-Exe~'uto:rs c~i: t:h<: 1.5t~:rte ~~t I)URc)`l'L1Y L,L?LtMnN OSLi13R, deceased, late of the ]arou~ii c)t Nlc°~~Il<an i caola r: ~_~ , Cumberland County, Pennsylvania, Grantc~.>-:~ , p~Irt ie:; of t i i ~: > L. i .r: ~.; t. L) c i r t- AND :~'l'L~',L'1fl?;N C. t-'I?LLETIE;hE and JLAN C. P~LLE'~':LI/RE;, lzi_s w it~~, cat Cirmhc~r and Cocint:y, Pennsylvania, Grantees, part ies ai t:he second [~u r-l. Wl't'NE„-,`.-~f~;'l'k-l, thr:rt .in consideration of the sum of `l`wo Ht.rndr~>d F~;i.yht 'l'tac:)~a~;,rnd ($24&,000.00) in hand paid, the receipt wiieeoF i.ti h~_~rc~tJy ~acl:nvwlc-edged, the said Grantors cio hereby grant and convey t~, t lli~ >~a id Grantees: AIL, 'L'f-fA'1' CL~R'L`~1:I:N `I'F~ACT or_ parcel of land situate in tiae [3oroudh ~)t Me~ch.inii;:->br.l.rg, Cumberland County, Pennsylvania, moire D~art_ic~ul,~rl~~ bc~uilc.i~~d ~ nd dc~~:crabed ad follows, to wit: Ial~;c I NN I NC. ~_i t a L~oint an the north side of Main Street , ~aict L)o:int k)c~inca ,~i- Lhc~ 1.:i-nc~ i>(. land now or formerly of the Pieirs of I~. k-I. I'kic)iii;l~;, ,J r. thi~nce along the nortkiern line of Malrl Street, in ca wi:;~.1. ~,r l v d i_ re_~ct: ion 38. ~~5 feet more or less, to a point on t hc:, nc,r t h~.~a~~; t c~<~r~ner ok Main Street and North Frederick Street ; t: Licence ~i L~.)ilc.l t:ktc~ ~~~a~,te.rn l:i.ne of North Frederick Street in ~l n<:)r. t:Yl~~rly d_ir_i>cLi.c)n 11ri teat, more or less, to an iron pin in the eastern li.n~~ cal Nc>T:-tL) I:~'rede.:rick Street, said point also beirry at_ the Lane of l~irl~{:; nc:~w vc.\ 1'or.irler:Ly of William 1-l. Gable, William G. Malta:ro, David W. M~.l~~,_lr~, ~:irrd Nelson F'. Spangler, partners trading ar~d do:incf k)I.IS l_nC`ti;; E3S V~~arl.f='.ty Amusement; thence dlOI1C) the 3UUth?rn I.1r1E' Ol: f~u)ci nc~w c)r l:c.)r-me.rl.y of William H. Gable, Willicun C:;. Mac3ari.), Davi~1 W. M~:ic3~-r.r.c:~ ~:inc{ Nel.sc-~n I~'. Spangler, partners tradir)g ~~nd clc)ing k)ll:-; i Weis;; ~r,; V~ir:ie;~ty Amusement, in an easterly direi,t:ion 38.35 .Lett, nic>rt) ~~r 1_~;_;s, t:o ~:in icon pin on the line of hands now or ti~nnerly of Wi_L t i~rni tk. C~~-rba.e, Wil.:Liam G. Magaro, David W. Mayaro and Ne_I_,on I'. '_1L)an<7lr~r, L7tra:-trrE.rs trading Ind doing business as V~-rrsety Aniusc,rnent; L kic:~nc;~~ t:I Lc~nri a_and now or formerly of the heirs of h. H. '1'hornas, .:J c . , i ri ~i ?,c~iit:lz~~r-l y r~=ire.<-tion L18 feet, more or less, to a tx~ int.: on i:k1e. aagx ~ 35 ?acfii~ 57 EXRTRTT "A" •.. nvr Lhc~r~r~ ::; icic~ <>t Main Street, ttie place of BEGINNING. liAV1 NC, `l'tdt~~l;IsUN I~:4:EG`J:'ED a dwelling house known and nw~tbert~d ,z~, 7 Lsl~;tNc; tft~~ .;~:t~rtc~ premises which Edwin J. Halter and M4riy 1.,. 13tke:~r, ttis w i t ~~ , i:,~; l t_tE, i_ t- c~lt~t~c1. dated September 27 , 1900 , and recorded ~)r_ t~>b~~r :' , 1 ~~~)t1 , i it t ltc~ Cumberland County I;ecor.der of Deeds Ot t:i c: c' i n t>ee~d I~~x:~{< t1, vc,lutn~: _3~1, 1~age %29, granted and conveyed t_tntu uorc~tla~; 1,clun.-pct C);k~~~r. 'l'11e said Dorothy Lehman Osher died ~1~i.il 2, 190.1 ;arid l,c?LLNr:~; '1'c ~~~~ametrl~-+:ry were granted April. 5, 1991 to E',dwin W. Grego:r.y ~rnti `~;rr~~_l l~,rl (:~. C~cr:r.-gall_i, Co-Executors, grantors h~rei.tl. 'I'~)(;t~','{'111~',l: w:itt~ ~::tl..l and singular, the t~.:nemerrts, hc~z~~<~ti tttnt<~rlt:, ~tn~i ~.r~~l~iirli:~rl;-rtt~:e:; t<:~ the same beloncJing, or in anywi~;e ,rp1~~~r.tz~ni.rty, ~anc.i ttrc~ t:'<~.ver-=, i.un anal reversions, remainder and remait~der°" ~~-.nls, i ;st.r~~::~.; <tnd F~~r_cifit:s thereof; AND Ai,SO al_1 the estate,. -r_'_ight, t:itlc~ r:;~n<i i rttc, r<,., l prohE~rty claim and demand whatsoever, boot i n law and ~.'r~ui.t.y, ~_~i: t11~~ said p~lr~ty of the first part, of, :i.n, to or c?t~tt o~t t:hc~ ~>,tiC,t prr.tn.ses, grad every part and. parcel theeot. 'l'c,) tlflVk.', f1NB HOLD the said granted p.r.etnises to t11r' s.a:i_c1 r>'1'L:k't-lEN C. I'l~;f,L~l~;`t'I k~'E:l? ~-~nd JGAN C. PELLETIERE, his wife, i_hei_r hei-r.~,, c~x~.~ru t ~> r: ~; , aclntir~ i~_~ tr~it.ors and assigns forever. l~Nl:t 1:1t~~ ~~~_t ic1 1/DWIN W. GREGORY and 5U1~ 1:.~LEN G. GAI~GAL,L,.k. , <'o- k;xr>r:r tc,r~; ot. thc.~ L~cist Will and Testament of Dorottly 1,ehntan O~,ht~r°, ~it;~~;:>,r:;i-~c:i , C~~ r: tklc~mselves , their heirs , executors , adrni.tl :i.~ t. ~ ~iti~.r:: ~rnci a~s:, i_ctn~s ti~~~t:h ec~v~anant, ~t'omise and agree to and wit11 the Said `~t~~k,h<:~rt c'. fc: L.L.c~ti_k~re and Jean G. Pelletiere, ttreir he.i.rs, r~xr~c•tit c,r ~-;, t.r~itrt.i.ni~;tx~ators and assigns, that the Said Do..rothy I,~~hittan c,:;Itc~r , ri i c~ci ~c~i.~~e~~l c~L the prer~tises herein granted and that ttrcy, I•:dw i n W . Gr t.cTory and Suellen G. Gargalli, Co-Execu lost of thE>. l.. cast Will sand c>:; te:unc~nt of Dorothy t~ehman Osher, dece~~s~:d, tic_cve not done, ~:onui~:~ti:c,~~i, r~r 4vir:t:ir7y_l.y or willingly suffered to b~~ ronuuit~ted, any 2 ~oo~ r~35 Pic: ~.4 ~r ~ic~t.,. nt~tt.t~r~ ~,~- l:l~ing. whatsoever whereby the prertlises atuz~e;aid, or c.itty h,-t r l 1. h~~ rt~o L , i.:, , are. or shall be irn~eached, cha rg~~~l ~~r ~:~.tacttml~~~i~c~i1 i r~ t _i.tle, charge, or estate or other~ai~~e t~i~~w~_;~~t ~'e':r~. LN W l'L'Nt~;:~S Wl-IL,hEOf~', tl~ie said Edwi^ W. Gregory aitd Su~:~1..len G. c;~ticl,.,lLi, i_'o-1_~ec~utors of the Last Wi:ll and 'I'estameT~t at 1)oJ_'otliy i;~~lzttt~tri c)~;ltc.~r: , ~~~c~ lsc.d, Have heret.into set their hand:; and :~e:.-~1 thr~ ~i~.ty .atici y~~.:~tr L' i_r'st <=ib~~'ve written. W~'l:N l~;`' `; . , -' I i A °~ .; , , ,~ M.~. _. ._. _ ___ ~. f ~ ~. J Y• ~. Q. ^^~. t' ( ~ J > ~~ ~._ Y r ~~~~I - School Dist Cumb. Co., ptia, 19b Heal estate Trene~'er True '- c~ ..7. U Det+s `' ~ '~ Amt. ~ ~ ~ ~ ~ ~ Hobert P ZiQgier Cumb. Co. Diei. Cul. Agt, ~:S`lA`l'E 1' D~RO'1'HY LL~HNIAN USI L', I: ~'' ,~ - ,~ By f' - G~~~- Edwin W,f'Gre~3ozy Co 1:', e~utor:~ Suellen G. 'Gargalli, C,o-1 ~4cutc~r ~p1~h dN' : L Gj 1 ilw~~ J Cutrb. Co., t~. ~% Re+b1 Ee~++Ta1n~r''~ ~ o r: ~; Oat9-~ z Arrgt.~~~"^` rr~o0art P. Ziagiet Cumb. Co. Qist. Car. ~ ,_. ,' f ~ `~ U C'J -- rrt .._ _~ ~;i~t~~ 1 0 ' ..D `. -17 r> c- l:.a I n ITt i ~ , 't C.I"1 .~v> --a CIl y _i. r:, 3 ~oOK ~ 35 PAr;E10;59 •y .. ~r c;<>MM~>l~wL~~nL,~l'li or' PL;NNSYLVANZA: ss. C~:iUN'k'~' ~?!~' 1_anUl'l-C IN ~ , __, ~~ ~-=- t>I+ tlr.i.s tlt~' _ _ ~ ( _ day of l;'ebruary, 199?, lJetor~ ntc~. ,r NuL,lt y t'I_Ik71. ic, for said Commonwealth and County, {personally ~al.~(_>~.~~_+.t:~~~~<t t~'i>W:CN W. Gh1:,GC?I:Y and SUELLEN C. GARGALLI, known to rue (or ~}~ l.it>1.~I~~Lc_,t: i_.Lv prc;~ven) to be the persons whose name~~ ,sire sub~~~'L:i.bt~ci to t lt~, w i_ L It i u i n:, L rt,urtcan L and acknowledged that they ~~~~~ trt ~~d l hc~ ::,cun~+ f'+~r~ C1i~' l~clt-~l,<~:;~~.~, 1.herein Contained. W i L ric,~>~~ any hand and seal the day and year afort:;;a:id. `,-_~ F-, ~ , ~~' f z- z ~. - ~ --. _ - _ - __T _ -.;., , ~ ~ t 1 Notary~Pui~rl is ~ `~ ~~ ~ c ~` ' M y Comm-s 5a~ra-.-lJ ~ ~ -L ~,;~_. •', ~'~ ;; r ~~ ~~ : ~., ~.0,~~.~'~ ~, ~, l'l:e'c.'-1 `~C~ _{{ __ _ _~ i l .___ ~~~ , ~ . t' C'r'ti I dt'11Ce Ot r~ra Z2S ,\j f. f ~. , ~. ~ ~~~ , ~c~- ~ ~~ - ~.. __ fit ran et.s ~, *., ~ ,.+;, G ~, ,~t.,,,lta~rt<~rad ,~ • ~~ cry tt'ic' oftrc.erc~r tts r'r:„~i>rdirr~ a~ ~ r,~;, ' ~~ s ~ ~c cr t~:~r uraZber! ~ t~ . ; ~ `c cr:.iniy. Py <, . i~Ci+i, -ill. ~ --~.._. .. c'r,t~t.~ rr~r% II~:,irc:i ~ ci t~nl ~ ~ ~ 1 1h ~ ~; f,:~tt 4~ ~~s h',~, t'rlrs ~~~ ~ ~ ~ ~ _ // ', .:.; .~ ~~~,w.,.,,. ~ ~~ ~~ ~ 0 " i~ = `~ ~1+~\"""~"' `~'"' ~ ~J U r ~~~~~i ~ pU `~ ~/ . ~. ~N ~ ~, i~~`~" N ~~~~~ yL~S ~~~ t ~ ~ iz c ~ ~{ '~ t ra~u ~~G>T MP~N STf~EET c~-- 1-' ~- ~ a l~ ',.,~.' a `'1 ~~,,~- ."'~ ^Qf% if ~ ~~ .~ ,. F ~ ~,,~ ,~, ~ ~ ..~ ,gyp, ~ ~~ 4 ~,. .,. ~ ~~ _~...r. EXtIIBIT "S,~ ,~ , ti Y ~ J~ ~~ ~ i r~,~sa:'axar:~ t. .... (Photograph taken prior to erection of barrier.) EXHIBIT "C" v ~ a~ ~~ tr • VERIFICATION We, Stephen Pelletiere and Sean C. Peiletiere, hereby verify that the information contained in this Amended Complaint are true and correct to the best of our informatioq lmowledge and belief. We understand that false statements herein are made subject to the penalties of 18 Pa. Section 4904 relating to unsworn falsification to authorities. Date: ~~` ~ ~ [ ~~- f Stephen Pelletiere f C. Pelletiete~v~ .~ CERTIFICATE OF SERVICE I, L. Rex Bickley, Esquire, hereby certify that on this 13"' day of September, 2007, I served a true and correct copy of the foregoing document on the following individual at the following address by first class mail, postage prepaid at Harrisburg, PA: Stuart Magdule, Esq. 4431 N. Front St. Harrisburg, PA 17110 L. Rex Bi ley 114 South Harrisburg, PA 1 101 717-234-0577 717-234-7832 ax ~ ~ ~. _' t ra €~,, ~ .`~~... ' T~' ~ ~~ ..., ~~ ~~'f ~` t"'? {~ '~ (~ ~ t~ -~G ~ SMIGEL, ANDERSON & SACKS, LLP Peter M. Good, Esquire River Chase Office Center, 3rd Floor p~-oad~i?sasllp.com 4431 North Front Street Darryl J. Liguori, Esquire Harrisburg, PA 17110 dli~uori(~sasllp.con:~ (717) 234-2401 Attorneys for Defendants STEPHEN and JEAN C. PELLETIERE, v. Plaintiffs, LONG LANE REAL ESTATE ENTERPRISES, LP, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.07-4877 CIVIL TERM CNIL ACTION- EQUITY NOTICE TO PLEAD TO: Stephen and Jean C. Pelletiere, Plaintiffs c/o L. Rex Bickley 114 South Street Harrisburg, PA 17101 You are hereby advised to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof, or judgment maybe entered against you. SMIGEL, ANDERSON & SACKS, L.L.P. Date: v e- '~ By; t / ° ' Peter M. Good, Esquire - #64316 Darryl J. Liguori, Esquire - ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant SMIGEL, ANDERSON & SACKS, LLP Peter M. Good, Esquire River Chase Office Center, 3rd Floor ns~ood[c~sasllp.com 4431 North Front Street Darryl J. Liguori, Esquire Harrisburg, PA 17110 dli~Tuori(a?sasllp.con~ (717) 234-2401 Attorneys for Defendants STEPHEN and JEAN C. IN THE COURT OF COMMON PLEAS PELLETIERE, CUMBERLAND COUNTY, Plaintiffs, PENNSYLVANIA v. N0. 07-4877 CIVIL TERM LONG LANE REAL ESTATE CIVIL ACTION- LAW AND EQUITY ENTERPRISES, LP, Defendant. DEFENDANT'S ANSWER WITH NEW MATTER TO PLAINTIFFS' AMENDED COMPLAINT ANSWER AND NOW COMES the Defendant, Long Lane Real Estate Enterprises, LP, (hereinafter "Defendant"), by and through its attorneys, Smigel, Anderson & Sacks, LLP and file this Answer with New Matter to the Complaint filed by Stephen and Jean C. Pelletiere (hereinafter "Plaintiffs"): 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted with clarification. Defendant purchased the property located at 6 and 8 North Frederick St., Mechanicsburg, PA 17055 on March 16, 2006. 7. Admitted upon information and belief. 1 8. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore specifically denied, with strict proof thereof demanded at trial. By way of further denial, Defendant is without knowledge as to the extent that there are not alternative methods of ingress and egress. 9. Admitted. 10. Admitted in part and denied in part. It is admitted that the sketch sets forth Plaintiffs' residence and Defendant's property. It is denied that the subject stairway and walkway are for ingress and egress to the apartment. As stated in paragraph 8, Defendant is without knowledge as to the extent that there are not alternative methods of ingress and egress. 11. Admitted. 12. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore specifically denied, with strict proof thereof demanded at trial. By way of further denial, Defendant is without knowledge as to the extent that there are not alternative methods of ingress and egress. Defendant is of the understanding that alternative access to the apartment exists through Plaintiffs' workshop and through the side entrance of their home. 13. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore specifically denied, with strict proof thereof demanded at trial. By way of further denial, sometime after 1990, Plaintiffs' neighbor, Janet Brackbill, completed a partially erected fence located between her property and Plaintiffs' property, thereby preventing Plaintiffs' and their predecessors' tenants from exiting or entering the apartment through the use of her 2 property. Prior to this time, Defendant avers that the tenants would exit the apartment and use Ms. Brackbill's property, not Defendant's property. This averment is further supported by the fact that at least one of the previous tenants leased a parking spot from Ms. Brackbill and her predecessor and, therefore, the tenant would not need to enter Defendant's property to exit or enter the apartment because the tenant's vehicle was located in the opposite direction. 14. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 15. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied, with strict proof thereof demanded at trial. 16. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 17. Admitted in part and denied in part. It is admitted that Defendant placed a barrier across the steps preventing Plaintiffs and their tenants from using the walkway and stairway to access Plaintiffs' apartment. It is denied that Defendant is still preventing Plaintiffs and their tenants from using the walkway and stairway. To the contrary, by order of this Honorable Court, dated August 31, 2007, Defendant removed the barrier and Plaintiffs and their tenants have been permitted to use the walkway and stairway on Defendant's property to access the apartment. 18. Denied. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments 3 are therefore specifically denied, with strict proof thereof demanded at trial. By way of further denial, Defendant has removed the barrier and, therefore, Defendant is not presently interfering with Plaintiffs' ability to rent the apartment and the tenants' ability to access the apartment. As such, Defendant is not causing Plaintiffs economic damage. In response to the averment that Defendant will cause Plaintiffs future economic harm by the erection of the barrier, as stated previously, Defendant has removed the barrier and has no intention of re-erecting the barrier in violation of this Court's order. 19. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 20. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied, with strict proof thereof demanded at trial. 21. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. NEW MATTER 22. Paragraphs 1 through 21 are incorporated herein by reference. 23. Plaintiffs' Complaint fails to state a claim for the establishment of an easement by prescription for which relief can be granted. 24. Plaintiffs' Complaint fails to state a clam for the establishment of an easement by necessity for which relief can be granted. 4 25. Plaintiffs' Complaint fails to state a claim for economic damage done to Plaintiffs by Defendant for which relief can be granted. 26. Plaintiffs' claims may be barred, in whole or in part, by the Doctrine of Unclean Hands. 27. Janet Brackbill owns the property located at 70 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 28. Ms. Brackbill has owned said property since 1987. 29. The previous owner of Ms. Brackbill's property leased a parking spot to the tenant of Plaintiffs' predecessors who was living in the apartment at that time. 30. When Ms. Brackbill purchased the property she continued to lease the parking space to said tenant. 31. During the time that the tenant leased the parking space, the tenant would enter and exit the apartment located on Plaintiffs' property through the use of Ms. Brackbill's property because there was no need to enter Defendant's property when the tenant's vehicle was located in the opposite direction. 32. Sometime after 1990, Ms. Brackbill completed a partially erected fence located between her property and Plaintiffs' property in order to prevent people from traveling across her property. 33. Since the commencement of this litigation, Plaintiffs have begun to use Defendant's property not only for ingress and egress, but for the storage of garbage bags and personal items. WHEREFORE, Defendant requests Judgment in its favor and against Plaintiffs Stephen and Jean C. Pelletiere, together with costs and any other relief that this Court deems just. 5 Respectfully Submitted, Date: ~ 4 (S d SMIGEL, ANDERSON & SACKS, LLP B Z~~'`/ ~ y• Peter M. Good, Es uire - 1D #64316 Darryl 3. Liguori, Esquire - ID #91715 River Chase Office Center, 3rd Floor 4431 North Front Street Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Defendant 6 VERIFICATION I, Debra A. Pierson, verify that the statements contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. ~, ~~ Date: i0-lq -O~ De .Pierson esident CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, hereby certify that a true and correct copy of the foregoing Answer with New Matter was served upon the following as addressed below by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania on this ~l ~. day of October, 2007: L. Rex Bickley 114 South Street Harrisburg, PA 17101 SMIGEL, ANDERSON & SACKS, LLP By: Peter M. Good, Es uire ID #64316 Darryl J. Liguori, Esquire ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant 7 n "..' ~ ~-. ~ -11 _f ]> °- --; r - ~ r t.~~ _~ f ~.< ~, ~ t~'t z a .. ~~ ~~ C.,7 ;~ L. Rex Bickley 114 South St. Harrisburg, PA 17101 717-234-0577 717-234-7832 fax STEPHEN and JEAN C. PELLETIERE, Plaintiffs v. LONG LANE REAL ESTATE ENTERPRISES, LP Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.07-4877 COMPLAINT IN EQUITY PLAINTIFFS' ANSWER TO DEFENDANT'S NEW MATTER AND NOW, come the Plaintiffs, Stephen and Jean Pelletiere, by and through their attorney, L. Rex Bickley, who file this Answer to New Matter: 22. No response necessary. 23. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 24. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 25. Denied. The averments of this paragraph contain conclusions of law to which no response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 26. Denied. The averments of this paragraph contain conclusions of law to which no ~ .- response is required under the Pennsylvania Rules of Civil Procedure. To the extent that a response is deemed required, the averments are specifically denied. 27. Denied. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore specifically denied, with strict proof thereof demanded at trial. 28. Denied. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore specifically denied, with strict proof thereof demanded at trial. 29. Denied. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore specifically denied, with strict proof thereof demanded at trial. 30. Denied. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore specifically denied, with strict proof thereof demanded at trial. 31. Denied. After reasonable investigation, Plaintiffs are without knowledge or information sufficient to form a belief as to the averments of this paragraph and the averments are therefore specifically denied, with strict proof thereof demanded at trial. By way of further answer, it is denied the tenant would use exclusively Ms. Brackbill's property for ingress and egress. 32. Admitted in part and denied in part. Plaintiffs believe and therefore aver that the partially erected fence was completed sometime in late 1992 or early 1993 after the Plaintiffs had purchased their property. During this time prior to the completion of the fence Plaintiffs' tenant used the walkway and stairway which is the subject of this litigation. A relative of Plaintiffs' tenant living at the apartment would from time to time cross over Ms. Brackbill's property for the purpose of y ~ walking to his place of employment. 33. Admitted in part and denied in part. The Plaintiffs and Plaintiffs' tenants have continuously used this property as a walkway and stairway for an ingress and egress. On one occasion Plaintiffs' tenant did use the walkway for garbage. Plaintiffs instructed their tenant not to use it for that purpose and since that one time they have not. WHEREFORE, Plaintiffs request judgment in their favor and against Defendants, together with costs and any other relief this Court deems just. L. Rex Bic 114 So St. H urg, PA 17101 7 -234-0577 17-234-7832 fax Attorney for Plaintiffs r VERIFICATION We, Stephen and Jean Pelletiere, hereby verify that the information contained in the foregoing document is true and correct to the best of our information, knowledge and belief. We understand that false statements herein aze made subject to the penalties of 18 Pa. Section 4904 relating to unsworn falsification to authorities. Date: ~ ~ ~ ~ ~ I ~~ Step en Pelletiere Date: I (~ 3 % b'T ,~ an Pelletiere t-'] ""'' ~~ c~ ___, d,_ CT -: :~ : ti _.,_ . . F ~ - ~ ';-ti .. ` -i : a_y G.d? "` .. PRAECIPE FOR LISTING CASE FOR TRIAL TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case: ^ for JURY trial at the next term of the civil court. Q'for trial without a jury. ----------------------------------------------------------------------------------------------------------------- STEPHEN and JEAN C. IN THE COURT OF COMMON PLEAS OF PELLETIERE, CUMBERLAND COUNTY, Plaintiffs, PENNSYLVANIA v. LONG LANE REAL ESTATE ENTERPRISES, LP, Defendant. NG. 07-4877 CIVIL TERM CNIL ACTION- EQUITY The trial list will be called on May 27t", 2008. Trials commence on June 23, 2008. Pretrials will be held on June 4, 2008. (Briefs are due 5 days before pretrials) Indicate the attorney who will try the case for the party who files this praecipe: Peter M. Good, Esquire Indicate trial counsel for other parties if known: L. Rex Bickley, Esquire This case is ready for trial. Date: Apri13, 2008 By: //Q~`~l~ ~ ''~ ~ Peter M. Good, Esquire - ID #64316 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendants STEPHEN and JEAN C. 1N THE COURT OF COMMON PLEAS OF PELLETIERE, CUMBERLAND COUNTY, Plaintiffs, PENNSYLVANIA v• N0.07-4877 CIVIL TERM LONG LANE REAL ESTATE CIVIL ACTION- EQUITY ENTERPRISES, LP, Defendant. : CERTIFICATE OF SERVICE I, Peter M. Good, Esquire, attorney for the Defendant in the above-captioned matter, certify that I this day served a copy of the foregoing Defendants' Praecipe for Listing Case for Trial upon the person(s) indicated below by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, and addressed as follows: L. Rex Bickley 114 -South Street Harrisburg, PA 17101 SMIGEL, ANDERSON & SACKS, L.L.P Date: Apri13, 2008 By; ~ / eter M. Good, Equire - ID #64316 Darryl J. Liguori, Esquire - ID #91715 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant ~ _ ~ ~ ~ ~. a -~~s © ~ r-~ ~, ~ ~.~ ~- STEPHEN AND JEAN C. PELLETIERE, : IN THE COURT OF COMMON PLEAS OF PLAINTIFFS :CUMBERLAND COUNTY, PENNSYLVANIA V. LONG LANE REAL ESTATE ENTERPRISES, LP, DEFENDANT 07-4877 CIVIL TERM ORDER OF COURT AND NOW, this ~ day of April, 2008, IT IS ORDERED that a bench trial shall be conducted in this case at 8:45 a.m., Thursday, June 12, 2008, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. it L. Rex Beckley, Esqu e For Plaintiffs / Peter M. Good, Esquire For Defendant sal ~o~~~s m~.c ~~ ~/~?~~~ -.~ C_~ f~t ~ - ^3 . ` ~ ;~ +::. ,~, ~-~ p N C.? STEPHEN AND JEAN C. PELLETIERE, IN THE COURT OF COMMON PLEAS OF Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA v. LONG LANE REAL ESTATE 07-4877 CIVIL TERM ENTERPRISES, LP., Defendant JOINT MOTION FOR TRIAL CONTINUANCE 1 • Your Petitioners are L. Rex Bickley, Esquire, and Peter M. Good, Esquire, attorneys for the respective above captioned parties. 2 • By Order of Court dated Apri117, 2008 a trial in this matter is scheduled for Thursday, June 12, 2008. 3 • The Parties are presently engaged in serious settlement negotiations which in all likelihood will produce a settlement without the necessity of a trial. 4• Both parties, through their counsel, request a continuance to complete these negotiations. WHEREFORE, your petitioners request that the trial scheduled in this matter for June 12, 2008 be continued. sl~~l.~ L. Rex Bickley 114 South St. Harrisburg, P 7101 717-234- 7 717-234-7832 fax f t: a CERTIFICATE OF SERVICE I, L. Rex Bickley, Esquire, certify that on this 2 Ln day of May, 2008 I served a true and correct copy of the foregoing Joint Motion for Trial Continuance on the following by first class mail, postage prepaid, at Harrisburg, PA: Stephen & Jean Pelletiere 74 W. Main St. Mechanicsburg, PA 17055 and on the attorney for Long Lane Real Estate Enterprises, LP at: Peter Good, Esquire 4431 N. Front St. Harrisburg, PA 17110 L. Rex Bickl 114 South St. Harrisburg, PA 17101 717-234-0577 ~° C"` C» .7 C:.J ~ ._:? R. , ~ . '~ ,s::: i ~ _. '~: ' T ~ ~ (~ "!-. !V _ .. =-{ . _• ~i` _"" ,~ ~ '~ yar is zooe~,.. STEPHEN AND JEAN C. PELLETIERE, Plaintiffs IN THE COURT OF COMMON PLEAS OF • CUMBERLAND COUNTY, ' PE v. LONG LANE REAL ESTATE ENTERPRISES, LP., Defendant ' NNSYLVANIA 07-4877 CIVIL TERM 0--1 AND NOW, this`~a of Y May, 2008 it is ORDERED that the trial Presently scheduled for June 12, 2008 at 8:45 A.M. in Court Room #2, C umberland Coun Courthouse, Carlisle, PA is y continued ~}: f ~y„ ~ ~ /~ V " I ~~ ~C""r` <~ ~ ~~ .Kc ~ G N ~~ ~~. <=' au) ~ ~ ; >- ~ ~ ~~ r ' ; ~ ~ _ : ~ t- " a -' ~~: ~. Q c.~ ~ ~~ ~J '~ r J ~- .. .J W ~ (~- 7L ~- ~ ~~