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HomeMy WebLinkAbout09-7657a COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney For Plaintiffs Bobby J. Boyer and Yuki Boyer, Husband and Wife, Plaintiffs VS. Harry D. Prowell and Judith C. Prowell, Husband and Wife, Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. CA- "1 US7 Civil Term ACTION IN EJECTMENT AND TRESPASS NOTICE TO DEFEND AND CLAIM RIGHTS 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 NOTICE IS SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN 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 DEFENDANT. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, TO GET LEGAL HELP SHOULD CONTACT: Cumberland County Bar Association 32 South Bedford Street 1-(800)-990-9108 717-249-3166 I Lisa Marie Coyne, Esquire Coyne & Coyne, PC Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney For Plaintiffs Bobby J. Boyer and Yuki Boyer, : IN THE COURT OF COMMON PLEAS OF Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. : NO. Civil Term Harry D. Prowell and Judith C. Prowell, Husband and Wife, Defendants. : ACTION IN EJECTMENT AND TRESPASS COMPLAINT TO THE HONORABLE, Judges of Said Court: NOW COMES the Plaintiffs, Bobby J. Boyer and Yuki Boyer, by their attorneys, COYNE & COYNE, P.C. and avers the following in support of this Complaint for Ejectment: 1. Plaintiffs are Bobby J. Boyer and Yuki Boyer, husband and wife, adult individuals residing at 214 E. Chestnut Street, Borough of Shiremanstown, Cumberland County, Pennsylvania. 2. Defendants are Harry Prowell and Judy Prowell, husband and wife, adult individuals residing at 211 E. Chestnut Street, Borough of Shiremanstown, Cumberland County, Pennsylvania. 2 3. Plaintiffs are title owners of the parcel of land, together with improvements, located at 214 E. Chestnut Street, Borough of Shiremanstown, Cumberland County, Pennsylvania ("Plaintiffs' Tract"), being more particularly bounded and described as set forth per Deed dated June 9, 2005 and recorded in the Office of the Register of Wills of Cumberland County on June 14, 2005 in Deed Book 269 Page 1827. A copy of the Plaintiffs' Deed is attached as "Exhibit A" and incorporated herein by reference. 4. Defendants are title owners of the parcel of land, together with improvements, located at 211 E. Chestnut Street, Borough of Shiremanstown, Cumberland County, Pennsylvania ("Defendants' Tract"), being more particularly bounded and described as set forth per recorded in the Office of the Register of Wills of Cumberland County on August 24, 1966 in Deed Book 22, VolumeB, Page 1091. A copy of the Defendants' Deed is attached as "Exhibit B" and incorporated herein by reference. 5. An abstract of title to Plaintiffs' Tract is attached hereto as "Exhibit C" and incorporated herein by reference. COUNT 1: EJECTMENT 6. Pargraphs 1 through 5 are incorporated herein. 7. Plaintiffs have the immediate and unqualified right of possession over the entirety of Plaintiffs' Tract as identified in their deed, dated June 14, 2005, having granted neither a leasehold interest nor any other possessory right to any party, including the Defendants. 8. Defendants have unlawfully encroached upon the Plaintiffs' Tract by entering upon Plaintiffs' property and planting shrubs upon Plaintiffs' Tract located at the west side of the Plaintiff's Tract . 3 9. Plaintiffs notified Defendants of the unlawful encroachment and requested the shrubs be removed; however, Defendants refuse to remove the shrubs from the Plaintiffs' Tract and have instead taken steps to harass and intimidate Plaintiffs and to prevent them from their quiet use and enjoyment of their property. 10. The encroachment upon Plaintiffs' property has devalued Plaintiffs' property. 11. Defendants and their encroachment should be ejected from the Plaintiffs' Tract. WHEREFORE, Plaintiffs request this Court: 1) enter judgment in favor of Plaintiffs and against the Defendants for possession of the tract of land where Defendants have encroached upon the Plaintiffs land; 2) enter an order directing Defendants, at Defendants' cost and expense, to remove any and all encroachments including, but not limited to fencing, shrubs, or other obstacles placed by them upon the Plaintiff's tract by the Defendants and repair any damage that may be caused by the removal of the encroaching fencing, shrubs, or other obstacles, 3) the costs, filings fees, and attorney fees incurred by Plaintiffs in the prosecution of this action; and 4) all other relief deemed applicable by this Honorable Court. COUNT II: TRESPASS 12. Paragraphs 1 through 11 are incorporated herein. 13. As a result of Defendants trespass upon Plaintiffs' property, Defendants have destroyed a portion of Plaintiff's lawn and damaged Plaintiffs' property 14. As a result of planting the above-described shrubs on the Plaintiffs' property and Defendants' acts of harassment and intimidation towards the Plaintiffs regarding the Plaintiffs' rightful and complete use of Plaintiffs's tract of land, the Defendants have deprived the Plaintiffs of the quiet use and enjoyment of their property. 4 WHEREFORE, Plaintiffs request this Court: 1) enter judgment in favor of the Plaintiffs and against the Defendants 2) enter an order directing Defendants, at Defendants' cost and expense, to remove any and all fencing, shrubs, or other obstacles placed by on the Plaintiff's property by the Defendants repair any damage that may be caused by the removal of the offending fencing, shrubs, or other obstacles, 3) pay costs, filings fees, and attorney fees incurred by Plaintiffs in the prosecution of this action; and 4) all other relief deemed applicable by this Honorable Court. Respectfully submitted: Dated: ?C 2Q. 2Gb9 COYNE & COYNE, P.C. By: ?? ?& 4 ?,-^ -,?, is rie Coyne, Es ire a V1 Market Street 3 bCamp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Plaintiffs 5 s DEED WARRANTY IND. OR CORP. 7317 PARCEL NO.: 37-23-0555-280 Th is Deed made the day of - = 2005 Between Florence S. Martin and C. Ray Martin, wife and husband herein designated as the Grantors, And Bobby J. Boyer and Yuki Boyer, husband and wife herein designated as the Grantees, Witnesseth, that the Grantors, for and in consideration of One Hundred Fifty Nine Thousand Nine Hundred & 00/100 Dollars ($159,900.00) lawful money of the United States of America, to the Grantors in hand well and truly paid by the Grantees, at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged and the Grantors being therewith fully satisfied, do by these presents grant, bargain, sell and convey unto the Grantees forever, ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Shiremanstown in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the north side of Chestnut Street at the corner of Lot No. 3, Block "C ", as shown in the plan of lots hereinafter mentioned; thence westwardly along the north side of Chestnut Street seventy-five and one one-hundredths (75.01) feet to a point at the corner of Lot No. 5, Block "C", in the hereinafter mentioned plan of lots, thence northwardly along the line of said Lot No. 5 one hundred sixty-seven and twenty-two hundredths (167.22) feet to a point; thence estwardly along the rear line of Lot No. 18, Block "C"; in the plan of lots hereinafter mentioned, seventy-five (75) feet to a point; thence southwardly along the line of Lot No. 3, Block "C", aforesaid, one hundred sixty-seven and s ix-tenths (167.6) feet to a point on the north side of Chestnut Street aforesaid, th place of BEGINNING. 27 EX4I, I?-Jo`. 1q N BEING Lot No. 4, Block "C", in the plan of lots of Clarence G. Stoner as revised and recorded in the Recorder's Office in and for Cumberland County in Plan Book 6, Page 44. HAYING ERECTED THEREON a dwelling house being known and numbered as 214 E. Chestnut Street, Shiremanstown, Pennsylvania. BEING THE SAME PREMISES which Florence S. Martin, formerly Florence S Walters, of the Borough of Shiremanstown, Cumberland County, Pennsylvania by her Deed dated September 10, 1987, recorded September 23, 1987 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book Y32, Page 281, granted and conveyed unto Florence S. Martin and C. Ray Martin, the Grantors herein. Together with all and singular the buildings, improvements, ways, woods, waters, watercourses, rights, liberties, 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 of every part and parcel thereof, And Also all the estate, right, title, interest, use, possession, property, claim and demand whatsoever of the Grantors both in law and in equity, or, in and to the premises herein described and every part and parcel thereof with the appurtenances. To Have And To Hold all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and the Grantees'proper use and benef t forever. And the Grantors covenant that, except as may be herein set forth, they do and will Specially Warrant and Defend the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grantors and all other persons lawfully claiming the same or to claim the same. In all references herein to any parties, persons, entities or corporations, the use of any particular gender or the plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. "erever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have the same effect as if the words "heirs, executors, administrators, personal or legal representatives, successors and assigns" has been inserted after each and every such designation. = r-r - - z - o - o SOQ a' 8 PA"1828 2?y In Witness Whereof, the Grantors have hereunto set their hands and seals, or if a corporation, it has caused these presents to be signed by its proper corporate officers and its corporate seal to be affixed hereto, the day and year first above written. Signed, Sealed and Delivered in the presence of or Attested by Florence S. Martin i 1 C. Ray 'n Commonwealth of Pennsylvania, County of - - )ss: Be It Remembered, that on _. before me the subscriber personally appeared . Florence S. Martin and C. Ray Martin known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within deed and acknowledged that they executed the same for the purposes therein contained. Witness my hand and seal the day and year aforesaid. YiiLCR - 1/ C'C?1? 3ry P'jbIic' Giiy ul Harrisbu Daup,ua Co., PA lViy Commissim Expires LAug. 26, ZCC6 Book ?0 PAv- '9 ??y 2ce2 Florence S. Martin C. Ray Martin TO Bobby J. Boyer Yuki Boyer Dated The Undersigned certifies that the precise residence and complete post office address of the Grantee is: 214 E. Chestnut Street Shiremanstown, Pennsylvania 17011 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF } Recorded in the Office of the Recorder of Deeds, etc., in and for said County, in Deed/Record Book , Page Witness my Hand and Official Seal this day of , 2005. Recorder. 80G 269 Y ?f y ABSTRACT OF TITLE-PLAINTIFFS' TRACT Owners 1959-1987 Florence S. Walters, by deed dated February 13, 1959, and recorded in Deed Book Y-18 Page 31. Owners 1987-2005 Florence S. (Walters) Martin and C. Ray Martin, husband and wife, by deed dated September 10, 1987, and recorded in Deed Book Y-32, Page 281. Owners 2005-Present Bobby J. Boyer and Yuki Boyer, husband and wife by deed dated, June 9, 2005, and recorded in Deed Book 269, Page 1827. &)rlh S/ r 4f VERIFICATION The facts set forth in the foregoing instrument are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S.A. § 4904. Dated: 2 9/0 9 Bobby I Boy 6 N OFF T( IC FLED r ,, 0, k !71 29i -6' 27 CLi r ` ' I l ' r . Lai '18.so Po p- TI Mlt 4 sob a 33 080 r r ?? IV% COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney For Plaintiffs Bobby J. Boyer and Yuki Boyer, : IN THE COURT OF COMMON PLEAS OF Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs VS. : NO. 0? -76 S'l Civil Term Harry D. Prowell and Judith C. Prowell, Husband and Wife, Defendants. : ACTION IN EJECTMENT AND TRESPASS ACCEPTANCE OF SERVICE I, Attorney Andrew C. Sheely, pursuant to Pa. R.C.P. 402 accept original service of Plaintiffs' Complaint sounding in Ejectment and Trespass on behalf of the Defendants, Harry D. Prowell and Judith C. Prowell, Husband and Wife, and certify that I am authorized to do so. Date: A/p,r. of An ew C. Sheely, Esq. Agent for Defendants 127 S. Market Street Mechanicsburg, PA 17055 Cf.- Lisa Marie Coyne, Esquire RLE)--OFRCE OF THE PROTH,(MTIIRY 2009 NOV 19 PM 12: 51 CU,MbE ? "), WUNTY PENNSYLVANIA Andrew C. Sheely, Esquire Attorney for Defendants 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheelv@verizon.net BOBBY J. BOYER and YUKI BOYER, Husband and Wife, Plaintiffs VS. HARRY D. PROWELL and JUDITH C. PROWELL, Husband and Wife, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 7657 Civil Term ACTION IN EJECTMENT AND TRESPASS NOTICE TO PLEAD TO: BOBBY J. BOYER and YUKI BOYER Husband and Wife, Plaintiffs Lisa M. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011 YOU ARE REQUIRED to plead to the within Preliminary Objections of Defendants within 20 days of service hereof or a default judgment may be entered against you. November 2009 By: Andrew C. Sheely, Esquire Pa. ID No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 Attorney for Defendants AAt?u 3e Andrew C. Sheely, Esquire Attorney for Defendants 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net BOBBY J. BOYER and YUKI BOYER, Husband and Wife, Plaintiffs VS. HARRY D. PROWELL and JUDITH C. PROWELL, Husband and Wife, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 7657 Civil Term ACTION IN EJECTMENT AND TRESPASS DEFENDANTS' PRELIMINARY OBJECTIONS Defendants, Harry D. Prowell and Judith C. Prowell, Husband and Wife, by and through counsel of Andrew C. Sheely, Esquire, hereby file these Preliminary Objections to the Plaintiffs' Complaint and respectfully state as follows: 1. Plaintiffs filed a complaint docketed the above- captioned matter on November 6, 2009. 2. Defendants by and through counsel of Andrew C. Sheely, Esquire, accepted service of the Complaint on November 9, 2009. 3. Count I of Plaintiffs' Complaint is captioned "Ejectment" and alleges that Defendants have encroached upon Plaintiffs real property by Defendants alleged planting certain shrubs which prevent Plaintiffs from the quiet use and enjoyment of their property. 4. Plaintiffs demand for relief in the "Wherefore" clause of Count I seeks the award of attorney fees allegedly incurred by Plaintiffs in pursuit of the above-captioned complaint. 5. Count II of Plaintiffs, Complaint is captioned "Trespass" and seeks compensation from Defendants for alleged damages to Plaintiffs yard. 6. Plaintiffs demand for relief in the "Wherefore" clause of Count II seeks the award of attorney fees allegedly incurred by Plaintiffs in pursuit of the above-captioned complaint. DEMURRER PURSUANT TO PA. R.C.P. NO. 1028 (a) (4) 7. Plaintiffs fail to set forth a claim for attorney fees in Counts I and II absent pleading the existence of such claim by agreement or statute authorizing an award of attorney fees. 8. Plaintiffs have failed to set forth the basis of any claim for attorney fees in the above-captioned matter. 9. Counts I and II of Plaintiffs Complaint fail to set forth a cause of action for attorney fees. WHEREFORE, Defendants respectfully request that this Honorable Court grant Defendants preliminary objection in the nature of a demurrer to the claims for attorney fees in Counts I and II of the Complaint by requiring the filing of an amended pleading, or, in the alternative, striking Plaintiffs' claim for attorney fees from both Counts. -2- FAILURE TO COMPLY WITH RULE OF COURT PURSUANT TO PA. R.C.P. NO. 1028 (a) (2) 10. Pa. R.C.P. No. 1020 (a) requires that claims for special damages shall be set forth in separate counts containing a demand for relief. 11. Plaintiffs claims for attorney fees, if applicable, constitute special damages which should be set forth in separate counts seeking separate relief in accordance with the Pa. R.C.P. 1020 (a). 12. Count I of Plaintiffs' complaint in Ejectment fails to comply with Pa. R.C.P. No. 1054 by failing to set forth an abstract of title at least from the source of the adverse titles of Plaintiffs and Defendants. WHEREFORE, Defendants respectfully request that this Honorable Court strike Plaintiffs claim for attorney fees as contained in the "Wherefore" clause of Counts I and II, or, in the alternative, require that Plaintiffs file an amended pleading. Respectfully sub 'tted, November 24, 2009 Andrew C. Shee , Esquire Attorney for Defendants 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) -3- VERIFICATION I verify that the statements made in these Preliminary objections are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: November Z 2009 ) , L?wq dith C. Prowell CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Preliminary objections upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Lisa M. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011 November 2009 A6-lrl A442?1 Andrew C. Sheely, Esquire TUB o?;DTI WV I-)TAJ?Y 2009 NOV 24 i 2: 22 CUM_+ , . , S17' 1, S ?? r•. COYNE, & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney For Plaintiffs Bobby J. Boyer and Yuki Boyer, Husband and Wife, Plaintiffs vs. Harry D. Prowell and Judith C. Prowell, Husband and Wife, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 09-7657 Civil Term : ACTION IN EJECTMENT AND TRESPASS NOTICE TO DEFEND AND CLAIM RIGHTS 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 NOTICE IS SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN 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 DEFENDANT. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, TO GET LEGAL HELP SHOULD CONTACT: Cumberland County Bar Association 32 South Bedford Street 1-(800)-990-9108 717-249-3166 Lisa Marie Coyne, Esquire Coyne & Coyne, PC Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney For Plaintiffs Bobby J. Boyer and Yuki Boyer, Husband and Wife, Plaintiffs VS. Harry D. Prowell and Judith C. Prowell, Husband and Wife, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 09-7657 Civil Term ACTION IN EJECTMENT AND TRESPASS AMENDED COMPLAINT TO THE HONORABLE, Judges of Said Court: NOW COMES the Plaintiffs, Bobby J. Boyer and Yuki Boyer, by their attorneys, COYNE & COYNE, P.C. and avers the following in support of this Complaint for Ejectment: 1. Plaintiffs are Bobby J. Boyer and Yuki Boyer, husband and wife, adult individuals residing at 214 E. Chestnut Street, Borough of Shiremanstown, Cumberland County, Pennsylvania. 2. Defendants are Harry Prowell and Judy Prowell, husband and wife, adult individuals residing at 211 E. Chestnut Street, Borough of Shiremanstown, Cumberland County, Pennsylvania. 2 3. Plaintiffs are title owners of the parcel of land. together with improvements, located at 214 E. Chestnut Street, Borough of Shiremanstown, Cumberland County, Pennsylvania ("Plaintiffs' Tract"), being more particularly bounded and described as set forth per Deed dated June 9. 2005 and recorded in the Office of the Register of Wills of Cumberland County on June 14, 2005 in Deed Book 269 Page 1827. A copy of the Plaintiffs' Deed is attached as "Exhibit A_" and incorporated herein by reference. 4. Defendants are title owners of the parcel of land. together with improvements, located at 211 E. Chestnut Street, Borough of Shiremanstown, Cumberland County., Pennsylvania ("Defendants' Tract"), being more particularly bounded and described as set forth per recorded in the Ufficc of the Register of Wills of Cumberland County on August 24, 1966 in Deed Book 22, Volume B. Page 1091. 5. An abstract of title to Plaintiffs' Tract is attached hereto as "Exhibit B" and incorporated herein by reference. COUNT 1: EJECTMENT 6. Pargraphs 1 through 5 are incorporated herein. 7. Plaintiffs have the immediate and unqualified right of possession over the entirety of Plaintiffs' 'Tract as identified in their deed, dated June 14, 2005, having granted neither a leasehold interest nor any other possessory right to any party, including the Defendants. 8. Defendants have unlawfully encroached upon the Plaintiffs' Tract by entering upon Plaintiffs' property and planting shrubs upon Plaintiffs' Tract located at the west side of, the Plaintiff", Tract . 9. Plaintiffs notified Defendants of the unlawful encroachment and requested the shrubs be removed, however, Defendants refuse to remove the shrubs from the Plaintiffs' Tract and have instead 3 taken steps to harass and intimidate Plaintiffs and to prevent them from their quiet use and enjoyment of their property. 10. The encroachment upon Plaintiffs' property has devalued Plaintiffs' property. 11. Defendants and their encroachment should be ejected from the Plaintiffs' bract. WHEREFORE, Plaintiffs request this Court: 1) enter judgment in favor ofPlainuffs and against the Defendants for possession of the tract of land where Defendants have encroached neon the Plaintiffs land; 2) enter- an order directing Defendants, at Defendants' cost and expense, to renu>me any and all encroachments including, but not limited to fencing, shrubs, or other obstacles placed by them upon the Plaintiff's tract by the Defendants and repair any damage that may be caused by the removal of the encroaching fencing, shrubs, or other obstacles, 3) the costs and filings fees incurred by Plaintiffs in the prosecution of this action; and 4) all other relief deemed applicable by this Honorable Court. COUNT II: TRESPASS 12. Paragraphs 1 through 11 are incorporated herein. 13. As a result of Defendants trespass upon Plaintiffs' property. Defendants have destroyed a portion of Plaintiff's lawn and damaged Plaintiffs' property 14. As a result of planting the above-described shrubs on the Plaintiff, property and Defendants' acts of harassment and intimidation towards the Plaintiffs regarding the Plaintiffs' rightful and complete use of Plaintiffs's tract of land, the Defendants have deprived the Plaintift , of the qwU 21 u?c and enjoyment of their property. 4 WHEREFORE, Plaintiffs request this Court: 1) enter judgment in favor of th Plaintiffs and against the Defendants 2) enter an order directing Defendants, at Defendants' cost and expense, to remove any and all fencing, shrubs, or other obstacles placed by on the Plaintiffs propcrty by the Defendants repair any damage that may be caused by the removal of the offending fencing, shrubs, or other obstacles, 3) pay costs and filings fees incurred by Plaintiffs in the prosecution of this action: and 4) all other relief deemed applicable by this Honorable Court. Respectfully submitted: COYNE & COYNE, P.C. Dated: J By: is Marie Coyne, Esquire 9 1 Market Street .amp p Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney. for Plaintiffs 5 VERIFICATION The facts set forth in the foregoing instrument are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S.A. § 4904. ?(C) Dated: Bobby J. BoyVIJ 6 EXHIBIT A -Now , .a d? t a11-?- DEED WARRANTY IND. OR CORP. 7317 PARCEL NO.: 37-23-0555-280 rVill 1 n is Dee made the L-? 1 day of L-rt e.- 2005 0011% en Florence S. Martin and C. Ray Martin, wife and husband herein designated as the Grantors, And Bobby J. Boyer and Yuki Boyer, husband and wife herein designated as the Grantees, Wltnesseth, that the Grantors, for and in consideration of One Hundred Fifty Nine Thousand Nine Hundred & 00/100 Dollars ($159,900.00) lawful money of the United States of America, to the Grantors in hand well and truly paid by the Grantees, at or before the sealing and delivery of these presents, the receipt whereof is hereby acimowledged and the Grantors being therewith fully satisfted, do by these presents grant, bargain, sell and convey unto the Grantees forever, ALL THAT CERTAIN tract or Parcel of land and premises, situate, lying and being in the Borough of Shiremanstown in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the north side of Chestnut Street at the corner of Lot No. 3, Block "C as shown in the plan of lots hereinafter mentioned; thence westwardly along the north side of Chestnut Street seventy-five and one one-hundredths (73.01) feet to a point at the corner of lot No. S, ,dock "C", in the hereinafter mentioned plan of lots; thence northwardly along the line of said Lot No. S one hundred sixty seven and twenty-two hundredths (167.22) feet to a point; thence estwardly slang the rear line of Lot Na_ 18, Block "C"; in the plan of lots hereinafter mentioned, seventy-five (7S) feet to a point, thence sotuhwardiy along the line of Lot No. 3, Block "C", aforesaid, one hundred sixty-seven and s ix-tenths (167.6) feet to a point on the north side of Chestnut Street aforesaid, th place of BEGINNING. book 2MPACF1827 MEN= BEING Lot No. 4, Block "Cr', in the plan of lots of Clarence G. Stoner as revised and rewrded to the Recorder s Office in rind for Cumberland County in Plan Book 6, Page 44. HAYING ERECTED THEREONa dwelling house being known and numbered as 214 E. Chestnut Street. Shiremanstown, Pennuylvania. .BEING THE SAME PREMfSES which Florence S. Marren,, formerly Florence S Walters, of the Borough of Shiremanstown, Cumberland County, Pennsylvania by her Deed dated September 10, 1987, recorded September 23, 1987 in the Office of the Recorder ofDeeds in and for Cumberland County, Pennsylvania, in Deed Book Y32, Page 261, granted and conveyed unto Florence S. Martin and G Ray ,Martin, the Grantors herein, Together with all and singular the buildings, improvm»entx, ways, woods, waters, watterwurses. rights, liberties, hereditaments and appurtenances to the same belonging or in anywise appertaining; and the reversion and reversions, remainder and remainders, rents, assess and profits thereof, and of every part acrd parcel thereof; And Also all the estate; right, title, interest, ute, possession, property, claim and demand whatsoever of the Grarators both in law and in equity, or, in and to the premises herein described and every part and parcel thereof with the appurtenances, To Have And To Ha(d all and singular the premises herein described together with the hereditaments and appurtenances unto the Grantees and the Grantees'proper use and benefit forever, And the Grantors covenant that, except as may be herein set forth, they do and will Specially Warrant and Defend the lands and premises, hereditaments and appurtenances hereby conveyed, against the Grantors and all other persons lawfully claiming the same or to claim the same. In all references herein to any pw ttes, persons, entities or corporations, the use of arty parttazdar gender or the plural or singular number is intended to include the appropriate gender or number as the text of the within instrument may require. Wherever in this instrument any party shall be designated or referred to by name or general reference, such designation is intended to and shall have tyre same effect as if the words "heirs, executors, administrators, personal or legal representatives, successors and assigns" has been inserted after each and every such designation. » ,. ?.. = r. A ' -eg ?Zy ri r r?m.?', "fir . .? l 0 -. w ,. r I -C r . I rn ? a 1 + ao i. . . .r ?. h? " M ic ? 21 N ui a s? E ce c ? v µ t? ? i , , -, ? ea _4 Q try I YX .. :~? F-4 --+ .,, .. 46 . Q is - - +-• „, j CIC 6-1 A_U W My .p. ,..., r.w _ t iT 47 VP ,7R 4M hi Q ,+ hE, ?-'? ' 299 4* C> 4% 49 9 9 9;g k9 9 K y J, y PAliEM28 EXHIBIT B ABSTRACT OF TITLE-PLAINTIFFS' TRACT Owner 1952 Estate of Arthur K. Rupp Owner 1952-1959 Clarence G. Stoner and Blanche V. Stoner, husband and wife, by deed dated July 7, 1952, and recorded in Deed Book B-15, Page 102. Owners 1959-1987 Florence S. Walters, by deed dated February 13, 1959, and recorded in Deed Book Y-18 Page 31. Owners 1987-2005 Florence S. (Walters) Martin and C. Ray Martin, husband and wife, by deed dated September 10, 1987, and recorded in Deed Book Y-32, Page 281. Owners 2005-Present Bobby J. Boyer and Yuki Boyer, husband and wife by deed dated, .tune 9, 2005, and recorded in Deed Book 269, Page 1827. CERTIFICATE OF SERVICE 1, Lisa Marie Coyne, Esquire, hereby certify that true copies of the Amended Complaint has been served upon the below-referenced individual by sending the same by first class mail, postage prepaid, addressed as follows: Andrew C. Sheely, Esquire 127 South Market Street P. O. Box 95 Mechanicsburg, PA 17055 Dated: _q tl ?(J COYNE & COYNE, P.C. By: IS MARIE COYNE, SQUIRE 9 Market Street Camp Hill., PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Plaintiffs Andrew C. Sheely, Esquire Attorney for Defendants 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net ~IL~'7-~'~= iC lei" ~~'~~ ~°°~~VI ~a~sr~~}~ °t~ 20'~';~~ -~ P~=3 3~ 17 LF`:«,~k l "r3~ BOBBY J. BOYER and YUKI BOYER, IN THE COURT OF COMMON PLEAS OF Husband and Wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. NO. 09 - 7657 Civil Term HARRY D. PROWELL and JUDITH C. PROWELL, Husband and Wife, Defendants ACTION IN EJECTMENT AND TRESPASS ~D ~Ea/ r~t~Tr~ti DEFENDANTS ANSWERrTO AMENDED COMPLAINT Defendants, Harry D. Prowell and Judith C. Prowell, Husband and Wife, by and through counsel of Andrew C. Sheely, Esquire, hereby file this Answer to Plaintiffs Amended Complaint and respectfully state as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. COUNT 1. EJECTMENT 6. No response required. 7. Denied. The allegations of paragraph 7 are conclusions of law to which no response is required. To the extent a response is required, the allegations are denied and strict proof thereof demanded at trial, arbitration or final hearing. 8. Denied. The allegations of paragraph 8 are conclusions of law to which no response is required. To the extent a response is required, the allegations are denied and strict proof thereof demanded at trial, arbitration or final hearing. By way of further answer, any encroachment upon lands of Plaintiffs by Defendants was unintentional and occurred due to Defendants belief that they owned the area where the shrubs were planted based upon the common boundary line used and maintained by the parties and their predecessors in title. 9. Denied, and strict proof thereof demanded at demanded at trial, arbitration or final hearing. 10. Denied, and strict proof thereof proof demanded at trial, arbitration or final hearing. 11. Denied. The allegations of paragraph 11 are conclusions of law to which no response is required. To the extent a response is required, the allegations are denied and strict proof thereof demanded at trial, arbitration or final hearing. WHEREFORE, Defendants respectfully request that this Court enter judgment in favor of Defendants, enter judgment against Plaintiffs, together with any other applicable relief deemed appropriate by the Court. 2 COUNT II: TRESPASS 12. No response required. 13. Denied, and strict proof thereof demanded at trial, arbitration or final hearing. By way of further answer, Plaintiffs never complained or objected to the shrubs until other disputes prompted multiple surveys and a deteriorating neighbor relationships between Plaintiffs and Defendants. 14. Denied. It is specifically denied that Defendants harassed or intimidated Plaintiffs at any time relevant to the allegations set forth in Plaintiffs' complaint. The remaining allegations of paragraph 14 are conclusions of law to which no response is required. To the extent a response is required, the allegations are denied and strict proof thereof demanded at trial, arbitration or final hearing. WHEREFORE, Defendants respectfully request that this Court enter judgment in favor of Defendants and enter judgment against Plaintiffs, together with any other applicable relief deemed appropriate by the Court. NEW MATTER 15. The allegations contained in preceding paragraphs 1 - 14 are incorporated herein. 16. Plaintiffs over a period of years acquiesced to the placement of the shrubs by Defendants. 17. The placement of the shrubs improves the value of 3 Plaintiffs property by providing a natural and green visual barrier between the respective properties. 18. The removal of the maturing shrubs will deprive Plaintiffs of valuable shrubs that have grown to a size and dimension costly to replace and a visual benefit to both properties. 19. Any encroachment upon lands of Plaintiffs by Defendants was unintentional and occurred due to Defendants belief that they owned the area where the shrubs were planted based upon the common boundary line used and maintained by the parties and their predecessors in title for over 21 years. 20. Plaintiffs are estopped from pursuing the relief requested. 21. Plaintiffs are barred by the applicable statute of limitations. WHEREFORE, Defendants respectfully request that this Court enter judgment in favor of Defendants and enter judgment against Plaintiffs, together with any other applicable relief deemed appropriate by the Court. Respectfully submitted, October (p 2010 Andrew C. Sheely, squire Attorney for Defendants 127 South Market St., P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) 4 VERIFICATION I verify that the statements made in this Answer to Plaintiffs Amended Complaint are true and correct. I understand that unsworn statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: October ~ , 2010 a udith C. Prowell CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Answer to Plaintiffs Amended Complaint upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Lisa M. Coyne, Esquire Coyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011 October ~ , 2010 Andrew C. Sheely, Es ire r ~' COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 1 70 1 1-4227 (717) 737-0464 Attorney For Plaintiffs Bobby J. Boyer and Yuki Boyer, Husband and Wife, Plaintiffs vs. Harry D. Prowell and Judith C. Prowell, Husband and Wife, Defendants. TO: Harry D. Prowell and Judith C. Prowell C/O Andrew C. Sheely, Esq. P.O. Box 95 Mechanicsburg, PA 17055 DATE OF NOTICE: October 6, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7657 Civil Term ACTION IN EJECTMENT AND TRESPASS IMPORTANT NOTICE ti°? ~ ~ ~..~ +~ --4 ~ Eye+1 ~ 1°1 - ... ~J e 4 .... ~ i.;.a ~ r.....F ~,~ C"A "'~ ``:: 4+~ ~ f"r3 •, -':. YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 1-800-990-9108 or 717-249-3166 Date: October 6, 2010 COYNE & COYNE, P.C. By: LI ARIE OYNE, E UIRE 39 Market Street Camp Hill, PA 1 70 1 1-4227 (717) 737-0464 Pa. S. Ct. No. 53788 ~~ CERTIFICATE OF SERVICE I, Lisa Marie Coyne, Esquire, hereby certify that a true copy of Plaintiff's Ten Day Notice of Default was served upon the below-referenced individual by sending the same by first class mail, postage prepaid, addressed as follows: Harry D. Prowell and Judith C. Prowell C/O Andrew C. Sheely, Esq. P.O. Box 95 Mechanicsburg, PA 17055 Dated: l U -' ~ -'t v LIS ARIE COYNE, ESQU 2 Andrew C. Sheely, Esquire Attorney for Defendants 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net BOBBY J. BOYER and YUKI BOYER, Husband and Wife, Plaintiffs vs. OF THE PROTHo, aa, ,A y 1011 APR 19 AEI 9: t0f CUMBERLAND COU111 PENPIS YLVAtvj IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 7657 Civil Term HARRY D. PROWELL and JUDITH C. PROWELL, Husband and Wife, Defendants ACTION IN EJECTMENT AND TRESPASS TO: Ida. r r?) 6 LA C4-L_ PROTHONOTARY, CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 JOINT PRAECIPE FOR ENTRY OF COURT ORDER Plaintiffs, BOBBY J. BOYER and YUKI BOYER, by and through counsel of Lisa M. Coyne, Esquire, and Defendants, HARRY D. PROWELL and JUDITH C. PROWELL, by and through counsel of Andrew C. Sheely, Esquire, hereby file this Joint Praecipe for a Court Order incorporating the terms of the attached Settlement Agreement, dated April 18, 2011. By: ?I + L'sa M. Coyne, squi e torney for P aintiffs cyne & Coyne, P.C. 3901 Market Street Camp Hill, PA 17011 Date: 2011 By. Andrew C. Sheely, Esquire Attorney for Defendants 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 Date: /IJ if , 2011 Inp Andrew C. Sheely, Esquire Attorney for Defendants 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net BOBBY J. BOYER and YUKI BOYER, IN THE COURT OF COMMON PLEAS OF Husband and Wife, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs vs. NO. 09 - 7657 Civil Term HARRY D. PROWELL and JUDITH C. PROWELL, Husband and Wife, Defendants ACTION IN EJECTMENT AND TRESPASS SETTLEMENT AGREEMENT WHEREAS, Plaintiffs, Bobby J. Boyer and Yuki Boyer, husband and wife, (hereinafter referred to as " BOYERS '') commenced a civil action docketed to No. 09-7657 in the Court of Common Pleas of Cumberland County against Harry D. Prowell and Judith C. Prowell, husband and wife, (hereinafter referred to as 11 PROWELLS''); and WHEREAS, COUNT 1 of BOYERS' Complaint seeks the removal of twelve (12) juniper trees planted on BOYERS' property by PROWELLS in 2006; and WHEREAS, COUNT 2 of BOYERS' Complaint seeks to enjoin alleged harassment, intimidation and trespass by PROWELLS on property owned by BOYERS' who seek the quiet use and enjoyment of their property; and WHEREAS, PROWELLS filed an answer and new matter to BOYERS' Complaint denying the allegations set forth in the complaint and raising various alleged issues in New Matter; and WHEREAS, BOYERS and PROWELLS, prior to and subsequent to the filing of the complaint, have each employed surveyors to identify the common boundary line between their respective properties and residential uses; and WHEREAS, BOYERS and PROWELLS desire to settle various disputes and claims arising between them in association with the claims in Counts 1 and 2 of Plaintiff's Complaint as outlined above, together with other issues associated with the common boundary line separating their respective lands and residential uses of BOYERS and PROWELLS; and NOW, THEREFORE, in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, together with the,mutual promises, terms and conditions set forth herein, BOYERS and PROWELLS hereby stipulate and agree as follows: 1. Removal of Juniper shrubs and Elevation of Tree Branches. PROWELLS, at their sole cost and expense, shall remove or cause the removal of twelve (12) juniper shrubs (including grinding and removal of shrubs stumps/roots) from the western and northwestern area of BOYERS' property, on or before May 1, 2011. Prowells agree at their sole cost and expense to trim and elevate their dogwood tree located in the side-yard abutting Boyer's property 2 so that the limbs are trimmed to the common property time and to the elevation of ten (10) feet from the ground and to also trim and elevate the evergreen spruce tree located in the rear yard of the PROWELLS so that the limbs of that tree are off the common property line with Boyers and tree limbs are trimmed to the elevation of ten (10) feet from the ground; and 2. Restoration of Yard/Lawn area. PROWELLS, at their sole cost and expense, shall restore or cause the restoration of the area of BOYERS' yard/lawn where the juniper shrubs are removed by planting sufficient, top soil, sod, and grass seed on or upon the yard/lawn area on or before May 1, 2011, together with initial reasonable watering to insure growth and development of the grass, until installation of a vinyl fence as contemplated below in paragraph 3; and 3. Installation of Fence along common boundary line. PROWELLS, at their sole cost and expense, shall obtain a permit from the Borough of Shiremanstown to install a vinyl fence on PROWELLS' property along the common boundary line as determined by BOYERS' surveyor in 2009, as verified by PROWELLS' surveyor by May 15, 2011 and that PROWELLS will provide BOYERS with 48 hour advance notice of survey and side-yard marking. Any disputes as to the location of the common property line shall be resolved by the respective surveyors for BOYERS and PROWELLS. PROWELLS, at their sole cost and expense, shall install or cause the 3 installation of the vinyl fence along portions of the common boundary line in the front, side and year yards in accordance with the permit issued by the Borough of Shiremanstown by a professional fence installer on PROWELLS' property on before July 15, 2011; and 4. Limited access, ingress and egress. BOYERS shall permit PROWELLS or their respective contractors with limited access, ingress and egress to enter upon BOYERS' property to remove said trees and install the vinyl fence on or before July 15, 2011. PROWELLS or their contractor shall provide forty-eight (48) hour notice to BOYERS in person or by counsel as to the date and time when the shrubs will be removed and the date when the fence will be installed so as to insure that BOYERS are present to observe the placement of the shrubs and fence; and 5. Incidental damages. PROWELLS and their contractors shall use all reasonable efforts to avoid incidental or direct damage to BOYERS' lawn and yard during the shrub removal and fence installation, and shall restore BOYERS' lawn and yard in the event any incidental or direct damage is caused to BOYERS' lawn and yard during the period of shrub removal and fence installation; and 6. Future Maintenance. PROWELLS and BOYERS mutually agree to maintain their respective properties on either side of the fence to prevent the encroachment of any grass, vegetative 4 growth, tree branches or other plant to enter upon the property of the other party; and 7. No trespass. With the exception of the notice requirements and time limits set forth herein to permit the removal of the juniper shrubs and install the fence as contemplated within this Agreement, PROWELLS and BOYERS mutually agree to refrain from entering upon the property of the other and acknowledge that such entry, without written consent, will constitute unlawful trespass and constitute a violation of this Agreement; and 8. Refrain from harassing, obnoxious, intimidating and threatening behavior. PROWELLS and BOYERS mutually agree to refrain acting or behaving in any manner or form which would be reasonably considered harassment, intimidation or threatening behavior, and further acknowledge that such harassment, intimidation or threatening behavior will constitute a violation of this Agreement; and 9. Court Order. PROWELLS and BOYERS mutually agree that this Agreement shall be incorporated within a Court Order for enforcement purposes. In the event of any judicial determination finding any breach of a term or condition of this Agreement by PROWELLS or BOYERS, the moving party shall be entitled to reasonable and customary attorney fees associated with the filing of any petition and hearing thereon seeking enforcement of any condition of this Agreement by either party. In the event of any judicial determination denying any allegation of breach of a term 5 or condition of this Agreement by PROWELLS or BOYERS, the non- moving party shall be entitled to reasonable and customary attorney fees associated with defending the filing of any petition and hearing thereon seeking enforcement of any condition of this Agreement by either party. 10. Contract Interpretation. PROWELLS and BOYERS mutually agree that this Agreement was prepared by their respective counsel and shall be construed as jointly prepared for purposes of contract interpretation. 11. Joint Praecipe. Upon execution of this Agreement, PROWELLS and BOYERS agree that counsel for PROWELLS and BOYERS shall file a joint praecipe to obtain a Court Order incorporating the terms and conditions of this Agreement. Executed and signed, this /ff µ day of 2011. WITNESS: 4N Bobby J. r Y i Boyer 6 WITNESS: 3 BOBBY J. BOYER and YUKI BOYER, Husband and Wife, Plaintiffs VS. HARRY D. PROWELL and JUDITH C. PROWELL, Husband and Wife, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 7657 Civil Term ACTION IN EJECTMENT AND TRESPASS ORDER OF COURT AND NOW, this ;Lr day of 2011, upon consideration of the attached joint praecipe for entry of a court order, the Settlement Agreement dated April 18, 2011 is hereby incorporated as an Order of Court. BY ?TH-tOURT, J. Lisa M. Coyne, Esquire ? Attorney for Plaintiffs Andrew C. Sheely, Esquire =rn Attorney for Defendants N -urn ?.? -v non 0-01zite's malLect 3>cj =K