HomeMy WebLinkAbout04-3042ELMER H. POTTEIGER, JR. : IN THE COURT OF COMMON PLEAS OF
and ADONNA D. POTTEIGER, : CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
: () y`? ?`e C t 7c?
V. :NO. 04-
CIVIL DIVISION - EQUITY
STEVEN M. REESE and LEOTA E.
REESE and KENNETH L. RHOADES : BOUNDARY DISPUTE
and MARJORIE A. RHOADES, : PERMANENT INJUNCTION
Defendants
: JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following Complaint, you must take action within twenty (20) days after this Complaint and
Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so, the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the Complaint
or for any other claim or relief requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
ELMER H. POTTEIGER, JR.
and ADONNA D. POTTEIGER,
Plaintiffs
V.
STEVEN M. REESE and LEOTA E.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 04- j' 6C4 L'4)6tZ7l
: CIVIL DIVISION - EQUITY
REESE and KENNETH L. RHOADES BOUNDARY DISPUTE
and MARJORIE A. RHOADES, PERMANENT INJUNCTION
Defendants
: JURY TRIAL DEMANDED
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the
following Complaint, you must take action within twenty (20) days after this Complaint and
Notice are served, by entering a written appearance personally or by attorney and filing in
writing with the Court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so, the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the Complaint
or for any other claim or relief requested by the Plaintiff. You may lose money or property or
other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
ELMER H. POTTEIGER, JR.
and ADONNA D. POTTEIGER,
Plaintiffs
V.
STEVEN M. REESE and LEOTA E.
REESE and KENNETH L. RHOADES
and MARJORIE A. RHOADES,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 04 - 30 4/"2-
CIVIL DIVISION - EQUITY
BOUNDARY DISPUTE
PERMANENT INJUNCTION
: JURY TRIAL DEMANDED
COMPLAINT
Elmer H. Potteiger, Jr. and Adonna D. Potteiger, through their attorney John H. Broujos
of Broujos & Gilroy, P.C., set forth the following:
1. Plaintiffs are Elmer H. Potteiger, Jr. and Adonna D. Potteiger, adult individuals residing
at 1247 W. Trindle Road, Mechanicsburg, PA 17055.
2. Defendants Steven M. Reese and Lema E. Reese, are adult individuals residing at 1250
Hillside Drive, Mechanicsburg, PA 17055.
3. Defendants Kenneth L. Rhoades and Marjorie A. Rhoades are adult individuals residing
at 7 Mary Avenue, Mechanicsburg, PA 17055.
4. Plaintiffs own two tracts of real estate at the corner of West Trindle Road and Mary
Avenue, in Monroe Township, Cumberland County, Pennsylvania, more particularly bounded
and described as set forth in Exhibits attached hereto and made a part hereof.
5. Tract A, no lot number, was purchased by Plaintiffs from Paul E. Rebert and Helen C.
Rebert on May 24, 1960 with deed recorded on June 25, 1960 in Deed Book 19 X 174 at the
Recorder of Deeds of Cumberland County. Deed is attached hereto and made a part hereof as
Exhibit A. This was an original tract (prior to subdivision).
6. Tract A had been conveyed to Paul E. Rebert and Helen C. Rebert, his wife, by Samuel
M. Simmons and Elsie J. Simmons, his wife, by deed dated March 28, 1932 and recorded in
Deed Book 11 H 199. Deed is attached hereto and made a part hereof as Exhibit B.
7. Tract B, being Lot No. 2, was conveyed to Elmer H. Potteiger, Jr. and Adona D. Potteiger
Plaintiffs by from Edlu Corporation on April 25, 1974 with deed recorded in Deed Book 25 O
945. Deed is attached hereto and made a part hereof as Exhibit C.
8. Tract B had been conveyed by Dennis A. Darr and Barbara A. Darr to Edlu Corporation,
by deed dated and recorded February 29, 1972 in Deed Book 24 M 983. Deed is attached hereto
and made a part hereof as Exhibit D and has the same description as Paragraph 7.
9. Tract B had been conveyed by Paul E. Rebert and Helen C. Rebert, his wife, to Dennis A.
Darr and Barbara A. Darr, his wife, on May 29, 1971 and recorded June 2, 1971 in Deed Book
24 C 602. Deed is attached hereto and made a part hereof as Exhibit E.
10. Defendants Steven M. Reese and Leota E. Reese live on Hillside Road at Lot 14 on Plan
of Rebert Acres, Section 1, recorded in Plan Book 17, Page 47. The premises presently owned
by Defendants were conveyed to them by Melvin O. Murtorff, Jr. and Marian M. Murtorff, his
wife, by deed dated and recorded March 29, 1968 in Deed Book 22 S 200, attached hereto and
made a part hereof as Exhibit F.
11. The premises were conveyed to Melvin O. Murtorff, Jr. and Marian M. Murtorff by Paul
E. Rebert and Helen C. Rebert by deed dated August 25, 1967 and recorded in Deed Book 22 M
109.
12. Defendants Rhoades live at the southwest corner of Hillside Road and Mary Avenue,
Monroe Township, Cumberland County, Pennsylvania. They are owner of premises identified
as Lot 15 on Plan of Rebert Acres, Section 1, recorded in Plan Book 17, Page 47.
13. Lot 15 was conveyed by Paul E. Rebert and Helen C. Rebert, his wife, to Kenneth L.
Rhoades and Marjorie A. Rhoades, his wife, by deed dated July 30, 1970 and recorded July 30,
1970 in Deed Book 23 S 819. Deed is attached hereto and made a part hereof as Exhibit G.
14. The lots are set forth in Plan of Lots of Rebert Acres, Section 1, recorded on January 10,
1966 in Plan Book 17, Page 47.
COUNT I. PLAINTIFFS AGAINST BOTH DEFENDANTS
15. Defendants Reese and Defendants Rhoades are trespassing and encroaching two and one-
half feet and five feet respectively onto the property of Plaintiffs; by both Defendants as an
extension of their property identified as Lot 14 and Lot 15 respectively onto the rear portion of
the original tract conveyed to Plaintiffs and a subsequent tract identified as Lot No. 2 herein.
16. Plaintiffs have continually and consistently informed both Defendants that they have
encroached upon the two tracts of Plaintiffs to the north in the amount of two and one-half feet to
five feet.
17. Defendants Reese and Rhoades have trespassed upon and erected trees and bushes on
Plaintiffs' property as described herein.
18. Defendants have been asked to refrain from trespassing and to remove trees and bushes
but have refused to do so.
19. Defendants have changed the grade of the property at and around the boundary line so
that water drains from the rear of Defendants' lots onto the property of Plaintiffs, whereas prior
to their grading, the water did not drain on Plaintiffs' property.
20. Defendants have without authorization or consent of Plaintiffs increased the height of the
ground on the south side of the boundary line at least a foot, altering and causing the water to fall
over to and on the land of Plaintiffs.
21. Both Defendants claim the boundary line is two and one-half to five feet beyond what is
the location of the actual boundary line, in a northerly direction, creating a boundary dispute.
22. Plaintiffs are the owners of property in the original tract and in Lot 2 that were conveyed
to Plaintiffs prior to the conveyances of Lot 15 owned by Defendants Rhoades and Lot 14 owned
by Defendants Reese.
23. Defendants Reese and Rhoades have unlawfully entered upon the property of Plaintiffs,
which constitutes a trespass.
COUNT II. PLAINTIFFS AGAINST DEFENDANTS RHOADES
24. Defendants Rhoades have placed ground and about four loads of stones in such a manner
that the level of the ground of Defendants was increased in the rear of their property at a height
higher than Plaintiffs' ground, causing diversion of water at a level that overflows onto
Plaintiffs' ground.
25. Defendants Rhoades' sewer system is less than ten feet from Plaintiffs' property line, in
violation of township ordinance.
26. When the sewage of Defendants Rhoades backed up onto their property, they permitted it
to overflow and to flow southward across the boundary line between the property of Plaintiffs
and Defendants Rhoades.
WHEREFORE, Plaintiffs pray the Honorable Court to provide the following relief and
order that:
A. Defendants Reese and Defendants Rhoades be compelled to vacate immediately
the five foot strip of land and to cease and desist from maintaining encroaching trees and
bushes upon the five foot strip of land.
B. Defendants Reese and Defendants Rhoades reimburse Plaintiffs for damages as a
result of Defendants' unlawful occupancy of the five foot strip of land, drainage upon
Plaintiff s land, and planting of trees and shrubs.
C. Defendant Reese and Defendant Rhoades be ordered to remove the trees and
bushes from the five foot strip of land and grade the land to prevent water flow onto
Plaintiff s land.
D. Defendants Reese and Defendants Rhoades be ordered to construct an on site
sewage disposal system at an elevation and condition that does not drain onto Plaintiff s
property.
E. Defendants Reese and Defendants Rhoades be ordered to identify and mark the
precise location of the boundary markers upon adjoining property and pay costs thereof
to Plaintiffs.
F. A permanent injunction be issued, restraining and enjoining Defendants Reese
and Defendants Rhoades from interfering with Plaintiffs' possession and use of the five
foot strip of land.
G. Other relief to be granted as the court shall deem
Date: June 30, 2004
John H. ro os, Esquire #6268
B JOS & GILROY, P.C.
4 North Hanover Street
Carlisle, Pennsylvania 17013
717/243-4574; 717/766-1690
We verify that the statements made in this pleading are true and correct. We understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
7
Date: ?$ es Y""^" "`?
Elmer H. Potteiger, Jr.
Adonna D. Potteiger
TO DEFENDANTS:
NOTICE TO PLEAD
YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ABOVE
PLEADING WITHIN 20 DAYS FROM THE DATE OF SERVICE HEREOF OR A
JUDGMENT MAY BE ENTERED AGAINST YOU.
os, Attorney for
WXX 19 PAG 174
?. rww-14 ISM-4N1V M MrareMV
MADE THE '?36* day of MAY in the year
of our Lord owe thousand sine hundred and sheep (1960)
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BETWEEN PAUL Z. RIBIV and UM C. RJR, Ms rife, of the Township
of Silver Spring, Coant; of Cumberland and 8tato oL PomatyI", parties
of the first part,
Grantoin .
and ILM E. PO!ffiD<S, ML and IDMA D. POTI' GM, his Vito, of
the Tawnehlp of SLIvor Opting, County of Caborland and State of pmsylvamia,
p""U" ofthe "DO" Art,
Grantees
W/TNESSBTH, that in consideration of Seventeen Thousand Seven Hundred
Mfty ({17 750.00) Dollars,
in hand paid, tRe receipt whereof is hereby acknowledged, the said grantors do hereby grant
and convey to the mid grantees,
LT.L THLT C MATIM Hates and Lot of Oroaod situate in the Township of
Noaxoes County at Cumberland and State of Pennsylvania, bounded and described
as follows, to Vitt
MISSING i at a point in the
which said point is North 85 Bes 11 tdaur tes West?L distaRoad nce ( of five hun-
seventy-five o of Charfeet les measured the center Lim of "U road from
the line of Lnde thence along the lines of other elands
of the grantors herein, of which this Is a part, Soath 4 degrees 49 m'mttss
_ Hest, a distance of two hundred (200) feet to a stakel thence along the line of
".? f,t other lands of the grantors, North 85 degrees 11 minutes Peet, a distance
of nighty-five (65) feet to a stake} thence still along the line of said other
lands of the grantors berain, North 4 degrees 49 minates Rest, a distance of
tue hundred (200) feet to a point In the center of the Triads Road (Roots No.
1 641), aforosaidl thence along the center live of said Trindle Road (Route No.
641), South 85 degrees 11 minates last, a distance of eighty-five (85) feet
+I to a point, at the place of RZOINNINO.
REINO a part of the same promises which Samuel N. Simons and Elsie
a J. Simons, his wife, by their Deed dated the 28th day of Hatch, 1932, attl
recorded in the Office of the Recorder of Deeds is and for Curbeziatd County,
WMI Pennsylvania, in Deed Rook eHe, Volume Us at Page 199, granted and conveyed
j unto Pool E. Robert and Helen C. Robert, his wife, the grantors herein.
. .I
UNDER AND SOSJRCT, NEVRRDUMESS, to the following matrictione and
aonditio at
r l.. The promises heroin conveyed shall be used for reeldentia:.
purposes may. //
2. to trailer, garages baom4ot shack or tent shall be used for
dwell! or residential purposes on the promises, either
,j temporarily or permanently.
"I 3. No duelling boom shall be erected upon the promises having
II less than 1100 egoars teat of floor space.
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4. No open or exposed toilets are allowed and all sewage disposal
shall be by use of septic tank or connection to municipal sewer
system.
$. No public garage, gasoline service station, tannery, slaughter-
house, junk yard, chicken coops, hog pens, or other similar or
obnoxious type of business.shall be constnrcted or maintained
on the premises.
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by ELMER H. PoTr E/4ER,JR•
,Vloneor Twv. Cufne. Co., PA.
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No. 1063 i ? fRIB DEED
DEED ? MADE the twenty-eighth day of March in the year nineteen
h9AMUEL Y. SIUUONS Or UR (hundred and thirty-two.
TO ?
hm E. REPENT ? BETWEEN SWOEL Y. SIMONB$ OF THE Township of Monroe, in the
AND (County of Cumberland. and State of Pennsylvania, end ELSIE .T,
HELEN C. HEBERT. HIS WIFE ?SIMMONS, his wife, hereinafter called the Creators.
CONS. 91.00 and
LOC. SILVER SPRING TOWNSHIP # PAUL E. REBUT And MEN C. HEBERT. his wife, of the Borough
AND
MONROE TOWNSHIP ?or Mechanicsburg, In the County and State aforesaid, hereinafter
DATED MARCH 28, 1932 1"1144 the grantees:
ENTERED JUNE 3, 1932 ?
WITNES86Tfl that in consideration or one dollar •n1 other
Wsslusslbo considerations, In band paid, the receipt whereof is hereby acknowledged, the said
grantors do here by grant and convey to the said grantees, all that certain term ant tract of
land, with the improvements, thereon erected, situated partly in Silver Spring Township and
partly in Monroe Township. Cumberland County. Pennsylvania, bounded and described as follows.
to wits
BEGINNING at a stone in the Contra of the Trind14 Road, theme south eighty-flue (05)
degrees and torty-flue (ash minutes east seventy-four and tour-tenths (76,6) perches to a ppins
in the Centre of 1414 road; theme north eight 18) degrees and forty-five (46) minutes east
along the Centre of a public road eighty-four ('84) pe robe s to a point wore • hickory stood;
theme north along the Cantle of said road. ten (10) degreel and forty-five (45) minutes west
twenty-six and two-tenshl (26,2) perches to a ltono in Contra of s dd road; theme meth seventy
one (71) degrees and forty-five (46) minutes east forty-two and flvegtenths (42.5) perches, Alm,
a nrivate road. to a stone; theme south forty-five (45) minutes west, a1Qng land now or formerl;
of J. EoWrd one hundred and twouty-five (125) perches to a stone in the Centre of said Trlndle
Road; theme forth seven (7) degrees and fifteen (15) minutes wart along lands now or formerly
of J. Eoherd and J. Norman Boller fifty-five and om-tantb (56.1) perches to a stone; theme sou
eighty-siz (86) degrees and thirty (30) minutes most along land now or formerly of George C
Sy Affer, seventy-five and three-tenths (75.3 perches to a stone; thence north seven (7) 4agres'
wait thirteen and eight-tenths (13,0) perches to a stow; theme south eighty-six (86) degrees
watt along land now or formerly of George Ris.gwalt twenty-nine and seven -tenths (29,7) perches
to • storm; thence north seven (7) degrees and forty-five (45) minutes west along lam now or
formerly of Gaorgs Spare, fifty-six and five-touths (58.5) perches to the place of BEGINNING.
ContaIning seventy (70) acres and fifty-three (53) porches.
It being the same property which Charles A. Simmons, Trustee in Bankruptcy of the estate
of Laurome Braokbill, Badnrapt, by deed d4te4 March 28, 1932. and to he forthwith recorded in
the Recorder's Drfioe In and for said Cumberland County. convoye0 to Samuel 1(. Simmons, a Grantor
herein.
AND the said grantors do hereby Cosecant that they will warrant generally the property
hereby conveyed.
IN WITNESS WHUEuP. said grantors have hereunto sit their bands and seals the day and year
first abov s written,
Signed. Sealed and Delivered rl
in the presence of Samuel M. Simmons (SEAL)
Samuel E. Basehoro 31114 J. Simmons (ORAL)
Myrtle V. Milletsen
STATE OF PENNSYLVANIA)
COVITY OF CODBERLAND )SS
On this 20tb day of Maroh A. 0. 1932, before me, a Notary Public in and for Slid State
and County osme the above named Samuel M. Simmons and Ellis It. Simmons, his wife, and aoknow-
ledged the foregoing deed to be-their act and dead, and destred the same might be recorded as
soh.
WITNESS my hand and mtarial seal the day and year aforesaid.
Myrtle H. Mlllsisen
Notary Public
' M.V.M. F My commission expires March 9, 1933
t'
N. P.
CERTIFICATE OF RESIDENCE
NJ do hereby certify that the precise residence of the within named grantee is Silver
Suring Township. Cwherland County, Pa, Marob 28. 1932.
Paul H. lbhert
Helen C. Robert
R Orontes
.? ? YrT-AM6?bnwM»LWYW win.
MADE THS 25th day of April in the year of
our Lord one thousand nine hundred seventy-four.
BETWEEN EDLU CORPORATION, a corporation organized and existing under
the laws of the Commonwealth of Pennsylvania having its office and principal
place of business at 5 South Hanover Street in the Borough of Carlisle, Cumberland
County, Pennsylvania, party of the first part,
,t
GRANTOR,
AND
f
ELMER H. POTTEIGER, JR. and ADONA D. POTTEIGER, husband and wife,
of Monroe Township, (R. D. $ 1, Mechanicsburg, Pennsylvania), Cumberland
County, parties of the second part,
GRANTEES,
WITNESSSTH, that the said Grantor ..
lorand in oonaideration of the sum of Four Thousand ($4, 000.00) Dollars
lawful money of the United States of Amorka, unto it weU and truly paid by
the aid Grantees
at and before the seating and detivery of thus presonis,
the reeeipt whereof is hereby acknowledged, has granted, bargained, sold, olkeed,
enfoofled, rekastd and confirmed, and by these presents does grant, bargain, 80,
alien, enfeof, reltase and esnfirm unto the said Grantees, their heirs
end assigns,
as tenants by the entireties,
ALL that certain lot of ground situate in the Township of Monroe, County
of Cumberland, and State of Pennsylvania, bounded and described as follows,
to wit;
' BEGINNING at a point in the Southern right-of-way line of the Trindle Road,
(Route 641), which said point is at the Southeast corner of said Trfndle Road and
Mary Avenue (50 feet wide); thence extending along the Southern right-of-way
line of the Trindle Road, (Route 641), South 85 degrees it minutes East, Ninety
(90) feet to a point in the Western line of lot now or late of Elmer Potteiger and
wife; thence along said line of lot now or late of Elmer Potteiger and wife,
South 04 degrees 49 minutes West, One Hundred Seventy (170) feet to a point In
the division line between Lots Nos. 2 and 15 on the hereinafter mentioned Plan of
Lots; thence along the division line between Lots Nos, 2 and 15, North 85 degrees
11 minutes West, Ninety (90) feet to a point in the Eastern line of Mary Avenue,
(50 feet wide), aforementioned; thence along the Eastern line of Mary Avenue,
North 04 degrees 49 minutes East, One Hundred Seventy (170) feet to a point in the
Southern right-of-way line of the Trindle Road (Route 641), aforementioned, at the
point and place of BEGINNING.
BEING Lot No. 2 on the Plan of Hebert Acres, Section 1, which said Plan is
recorded in the Cumberland County Recorder's Office in Plan Book 17, page 47,
BEING the same premises which Dennis A. Darr and wife, by deed dated
February 29, 1972 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County at Carlisle, Pennsylvania, in Deed Book "M", Vol. 24, page
983, granted and conveyed to Edlu Corporation, a Pennsylvania corporation,
Grantor herein.
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UNDER AND SUBJECT, nevertheless, to the following restrictions, to
wit:
1. The premises herein conveyed shall be used for residential purposes
only.
2. No trailer, garage, basement, shack or tent shall be used for dwelling
or residential purposes on the premises, either temporarily or permanently.
3. No dwelling house shall be erected upon the premises having lees than
1100 square feet of floor space.
4. No open or exposed toilets are allowed and all sewage disposal shall
be by use of a septic tank or connection to municipal sewer system.
5. No public garage, gasoline service station,, tannery, slaughterhouse,
junk yard, chicken coops, hog pens, or other similar obnoxious type of business
shall be constructed and/or maintained on the premises.
E7 X)?h C.
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I.I-AT-W-n W.,. W t\-. - Y I,M.
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AIADE THE day of February in the year
of our Lord one thmuand nine hundred seventy-two.
BETWEEN DENNIS A. DARR and BARBARA A. DARR. husband and wife, of
the Borough of Carlisle, Cumberland County, Pennsylvania, parties of the first
part,
Grantors .
and EDLU CORPORATION, a corporation organized and existing under the laws
of the Commonwealth of Pennsylvania having its office and principal place of
business at 5 South Hanover Street in the Borough of Carlisle, Cumberland
County, Pennsylvania, party of the second part,
Grantee .
111ITNESSETI1, that in consideration of Two Thousand Two Hundred Fifty
($2,250.00) ------------ --------- --- ---- -------- --------------Dollar,,
in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant
and convey to the said grantee , its successors and assigns,
ALL that certain lot of ground situate in the Township of Monroe, County of
Cumberland, and State of Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the Southern right-of-way line of the Trindle Road,
(Route 641), which said point is at the Southeast corner of said Trindle Road and
Mary Avenue (50 feet wide); thence extending along the Southern right-of-way
line of the Trindle Road, (Route 641), South 85 degrees 11 minutes East, Ninety
(90) feet to a point in the Western line of lot now or late of Elmer Potteiger and
wife; thence along said line of Ito now or late of Elmer Potteiger and wife,
South 04 degrees 49 minutes West, One Hundred Seventy (170) feet to a point in
the division line between Lots Nos. 2 and 15 on the hereinafter mentioned Plan of
Lots; thence along the division line between Lots Nos. 2 and 15, North 85 degrees
11 minutes West, Ninety (90) feet to a point in the Eastern line of Mary Avenue, (50
feet wide), aforementioned; thence along the Eastern line of Mary Avenue, North
04 degrees 49 minutes East, One Hundred Seventy (170) feet to a point in the Southern
right-of-way line of the Trindle Road (Route 641), aforementioned, at the point and
place of BEGINNING.
BEING Lot No. 2 on the Plan of Rebert Acres, Section 1, which said Plan is recorded '
in the Cumberland County Recorder's Office in Plan Book 17, page 47.
BEING the same premises which Paul E. Rebert and wife, by deed dated May 29,
1971 and recorded June 2, 1971 in the Office of the Recorder of Deeds in and for
Cumberland County at Carlisle. Pennsylvania, in Deed Book "C11, Vol. 24, page 602,
granted and conveyed to Dennis A. Darr and Barbara A. Darr, husband and wife,
Grantors herein.
UNDER AND SUBJECT, nevertheless, to the following restrictions, to wit:
1. The premises herein conveyed shall be used for residential purposes only.
2. No trailer, garage, basement, shack or tent shall be used for dwelling or
residential purposes on the premises, either temporarily or permanently.
3. No dwelling house shall be erected upon the premises having less than 1100
square feet of floor space.
6c' 27fAw 983
EF XN
4. No open or exposed toilets are allowed and all sewage disposal shall be
by use of a septic tank or connection to municipal sewer system.
5. No public garage, gasoline service station, tannery, slaughterhouse,
funk yard, chicken coops, hog pens, or other similar obnoxious type of business
shall be constructed and/or maintained on the premises.
AND the said grantors hereby covenant and agree that
generally the property hereby conveyed.
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they will warrant
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IN WITNESS WHEREOF, sold grantors have hereuntoset their hands and eeala
the day and year first above written.
t9ieneD, b,-Ub ul P,lu„A
W th. h^/m,vn d
Dennis A. Darr
................ ?..........`.....
-../../,./J/? .. ,J? _? NY'w4
Barbara A. Darr
.ewL
I do hereby certify that the precise residence and complete post office address
of the within named grantee is 5 South Hanover Street, Carlisle, Pennsylvania
17013.
e....h:r .. ....................
Cumb Co., Pa. $cheol Dirt. dumb, Ca.. Pa
41 OW Z0. T.... W t. Lt MJ 4bb l,u t.. 1,.
C..,l. C.. Dm. CA Nt. /Pb pyyb. G. M.1. C.L A*./I
On this, the 9 Z day o f c;r YLI't-: 5. 1,
State of Pennsylvania I
}
Cnmty of Cumberland a.
- J
Attorney for Gra ee
February , 1972 , before me,
thr undersigned officer, pereanally appeared Dennis A. Darr and Barbara A. Darr,
husband and wife,
k,wwn to me for satisfactorily proven) to be the persona whoa name a are subscribed to the
within instrument, and acknowledged that they exended the same for the purpw,a therein
contained.
IN WITNESS WHEREOF, I hereunto se my hand and o eiat s .... ......•,
a
.IIMMLIUSUG ............. .......... .r_......
.
............
__. _.ani,u. Cumbenwb Cwnry TitkN Offeer.
MY ca-MIM. Edna Much 16. 1911 L?. • •.. t, •<.
rnA424PAu 984 ?'i.. ?.• .
i
Ii
IM ; LLL' L L 4;V VIM, ., t iM.
TbrtAdhw ?eeb,
MADE THE Z f 7OL17 day of May in the year
of our Lord one thousand nine hundred and seventy-one (1971) .
BETWEEN PAUL E. REBERT and FXLEN C. REBERT, his wife, of the
Township of Monroe, County of Cumberland and State of Pennsylvania,
parties of the first part,
Grantor s,
and DENNIS A. DARR and BARBARA A. DARR, his wife, of the Borough
of Carlisle, County of Cumberland and State of Pennsylvania, parties
of the second part,
Grantee a :
WITNESSETH, that in conetdenation of the sum of Two Thousand One Hundred
($2,100.00) Dollars,
in hand paid, the receipt whereof is hereby acknowledged, the said grantor a do hereby grant
and convey to the said grantee y their heirs and assigns,
ALL that certain Lot of Ground situate in the Township of Monroe,
County of Cumberland and State of Pennsylvania, bounded and described
as follows, to wit:-
BRGINNINC. at a point in the Southern right-of-way line of the Trindle
Road (Route 641), which said point is at the Southeast corner of
said Trindle Road and Mary Avenue (50 feet wide); thence extending
along the Southern right-of-way line of the Trindle Road (Route 641),
South 85 degrees 11 minutes East, ninety (90) feet to a point in
the WesternJlt.ne of Lot now or late of Elmer Potteiger and wife; thence
along said line of Lot now or late of Elmer Potteioer and wife,
South 04 degrees 49 minutes West, one hundred seventy (170) feet
to a pot.nt in the division line between Lots Nos. 2 and 15 on the
hereinafter mentioned Plan of Lots; thence along the division line
between Lots Nos. 2 and 15, North 85 degrees 11 minutes West,
ninety (90) feet to a point in the Eastern line of Mary Avenuo (50
feet wide), aforementioned; thence alone the Eastern line of Mary
Avenue, North % de;;rees 1?9 minutes .East, one hundred seventy (170)
feet to a point in the Sou:htrn right-of-way line of the Trindle
Read (P.oute 641), aforementioned, at the point and place of BEGINNING.
k
BEING Lot No. 2 on the Plan of REBERT ACRES, Section 1, which said Plan
is recorded in the Cumberland County Recorder's Office in Plan Book
Yo. 17, Page 47. E X N
BEING a part of the same premises which Samuel M. Simmons and Elsie J.
Simnons, his wife, by their Deed dated March 28, 1932 and recorded in
the Cumberland County Retorder's Office in Deed Book "H", Volume 11,
Page 199, granted and conveyed unto Paul F. Rebert and Helen C. Rebert,
his wife, the grantors herein.
UHDER AND SUBJECT, NEVERTHELESS, to the following restrictions, to wit:
i .
1. The premises herein conveyed shall be used for residential
purposes only.
2: No trailer, garage, basement, shack or tent shall be used
for dwelling or residential purposes on the premises, either
temporarily or,permanently.
3. No dwelling house shall be erected upon the premises having
less than 1100 square feet of floor space.
BOMC-24rm 602 a
i
t
4: No open or'exposed'toilets are allowed and.all alwage .
disposal shall be by use of septic tank or connection'to
municipal sewer system.
5. No public garage, gasoline service station, tanne?y,•
slaughterhouse, junk yard, chicken coops, hog pens, Or_.•'='
other similar obnoxious type of business shall be
constructed and/dr maintained on the premises.
,
X?
G
Lot
T
]LADS THS 29 - day of March in the year D
eJ oar Lord one MowaM Hite Annirad sixty-eight (1968).
VZrW$EN MELVIN 0. MURTORFF, JR. and MARIAN M. MURTORFF, his wife,
of Idaville, Adams County, Pennsylvania, hereinafter called
Grantors ,
a„d STEVEN M. REESE and LEOTA E. REESE, his wife, of Monroe
Township, Cumberland County, Pennsylvania, hereinafter called
Crania s
WITNROW11, that in consideration of Twenty Thousand Five Hundred and no//100
_---.._---_- -----------(520,500.00) DoNars.
in hand paid, the receipt w horeol is hereby acl aomiadged, the aid greater a de hereby grant
and toaery to the said grantee a, their heirs and assigns, as tenants by the
entireties,
ALL that certain lot of. ground with the improvements thereon
erected, situate in Monroe Township, Cumberland County, Pennsylvania,
bounded and described as follows:
BEGINNING at a point in the Northern line of,Hillside Drive
! (50 feet wide), which said point is in the division line between
Lots Nos. 14 and 15 on the hereinafter mentioned Plan of Lots;
thence along the division line between Lots Nos. 14 and 15, North
+ 04 degrees 49 minutes East 197.40 feet to a point; thence South 85
degrees 11 minutes Epat, a distance of 83 feet to a point In the
division line between Lots Nos, 13 and 14 on said Plan; thence along
the division line between Lots Nos. 13 and 14, South 04 degrees 49
minutes West, a distance of 197.40 feet toa point in the Northern
line of Hillside Drive, aforementioned; thence along the Northern
line of Hillside Drive, North 85 degrees 11 minutes West, a distance
of 83. feet to a point in the division line between Lots Nos. 14 and
15, aforementioned, at the point and place of Beginning.
BEING the greater portion of Lot No. 14 In the Plan of Lots known
as Rebert Acres, Section 1, which said Plan is of record in the Cumber-
land County Recorder's Office in Plan Book 17, Page 47.
+I
NOL022rVA 200
Ex _
L
I? -
?V
f
F_
BEING improved with a brick rancher with attached carport.
AND BEING the same property which Paul E. Hebert and Helen C.
Robert, his wife, granted and conveyed to Melvin 0. Murtorff, Jr.
and Marlon M. Murtorff, his wire, Grantors herein, by deed dated
August 25th, 1967, and recorded In the Office aforesaid in Deed
Book "M", Vol. 22, Page 109.
j UNDER AND SUBJECT,.Nevertheleas, to certain restrictions.
I AND tM said grantors hereby eftemat and spree that they ad each of thew wig uarre t
generally the property Umbveomoeyed.
M
Sehoal Ditf. Carob. Co., rig. ? ??. ,n . ?:,r`/, ? ? R?
IL tech 10.6 Tn.J. Ti{ 1 !'.? }.! L?• ' -
1 D,N 3a?..:41" MI..."1.Ti? Y-•• ? ?. ?i± F?3 ? i7.C? .
C.??. G. ale. W. Mr. l?
IN WITNB$S IVROBSOF, Said tim"I a have hernsto Set their • hands, and eeab
the day ea year f"t ebow wniltem.
I
6yneA 8ealeb gob Dwwmb LL? emsr
j MELVIN 0. MURTO?JR,
y? Sit, Ito ITe.e.n s1
. J` ema4
t ? . Gfn.4..?:
MARIAN M. MURTORF L,
? • eme4
!
u ,
F
4 ?.
r
F ?
,
514ts of PENNSYLVANIA
cowsty Of 'CUMBERLAND
On this, the if I day of March .10 68, before me,
Ne wmtenipnad oFieer, Dereonatty aypegsed Melvin 0, Murtorff, Jr, and Marian M.
Murtorff, his wire,
known to wit (- Sattefaetority Pmoea) to be the ye om what wanes are ewbeer4a to the
wrfthim inet+wmeet, end (that the 02
Y sewted came /or tM pwrposa thenim
00"146"
W18"OF, 1 harewnto Set my hand and odietat seal.
A. t•kL.,.,._
nu
Moat .-"it mina Vatic
m wuosua A y TWO of OOtcer.
hemby of the within warned oTam t" a 4 eeVdify that the praise reetdemee and eomptete pw! odiee address
mtee R•D.-/, .a7. //?.a?v.7,
March z9 , 11P 68. p, i7ot/
p Attorney for Grantees
D22ehe1 201
' I., 1...W x,.x,r II M. Fl n. M i1 1111. '.
Il.. rr II.II. I.r.. INw.u Iul ?
'`
,, ^ , ;? ate/, (a )sic I
t? MADE THE - 3d- _ day e/ ,/`N. P.y j tr /la'tAllfid/"^' vl
3 of mn La,d one thoaaaad Mae A¢adrW and seventy (1970)J. JJ o f
T! BETWEEN PAUL E. RESERT and HELEN C. HEBERT, his IT., of the
Township of Monroe, County of Oumberland and State of Pennsylvania,
s parties of the first part,
ti
1
Grantors,
and KENNETH L. RHOADES and MARJORIE A. RROADES, his wife, or
the Borough of Carlisle, County of Cumberland and State of
Pennsylvania, parties of the second part, i
' Gmntae a:
WITNESSETH, that to ddmdderattae of the sum of One ($1. 00)
Dol(¢n,
in Amid patd, the g mAanv/ u hereby aaAnomledpad, the raid pranlora d¢ Aereby proof
slid eonvey to a. .. sau id prantaas .
?,? .. ALL thet certain Lot of Ground situate in the Township of Monroe,
County of Cumberland and State of Pennsylvania, bounded and
I.. described as follows, to wit:
BEGINNING at a point in the Northern line of Hillside Drive (50
feet wide), which said point is in the division line between Lots
Nos. 14 and 15, on the hereinafter mentioned Plan of Lots; thence
along the division line between Lots Nos. 14 and 15, North 04 degrees
49 minutes East, two hundred (200) feet to a point at corner of
Lot No. 2 on said Plan: thence along the division line between Lots
Nov. 2 and 15 on Baid Plan, North 85 degrees 11 minutes Nest,
ninety-two (92) feet to a point in the Eastern line of Mary Avenue
(50 feet wide); thence along the Eastern line of Mary Avenue, South
i 04 degrade 49 minutes Neat, two hundred (200) feet to a point in
E the Northern line of Hillside Drive, aforementioned; thence along
7 the Northern line of Hillside Drive, South 85 degrees 11 minutes
East, ninety-two (92) feet to a point in the division line between
Lots Nos. 14 and 15, aforementioned, at the point and place of
BEGINNING, j
BEING Lot No. 15 on the Plan of Lots of RESENT ACRES, Section 1,
which said Plan is recorded in the e Clpaberland County R.o.rd.rls Office
- in Plan Hook No. 17, Page 47.
BEING part of the same premises which Samuel M. Simmons and Elsie J.
Simmorst his wife, by their Deed dated March March 28, 1932 and recorded
in the i.?
in the Cumberland County ent Office in Dead d Boo Book , Volume 11,
Page 199, granted and conveyed yed onto o Paul E. Robert and Held len C. I
' Reber t, his wife, the, grantors herein. i?.
UNDER AND SUBJECT, NEVERTHELESS, to the following restrictions, to wit:
1. The premises herein conveyed shall be used for residential
purposes only.
- 2, No trailer, garage,, basement,. shack or tent. shall ba.uaed for
dwe llinq or residential purposes on the premises, either
temporarily or permanent 1.
t
j 3• ilo dwelling house shall be erected upon the premises having i
leas than 1100 square feet of floor space..
Baas S 23Hn 813 I+i
EX4 c-
r-
I
! L, 4+ No open or exposed toilets are alltwod and all sewage disposal
shell be by use of septic tank or connection to municipal sewer
system.
$. We public garage, gasoline service station, tannery, slaughter.
. house, Junk .yard, chicken coops, hog pens, or other similar
or obnoxious type of business shall be contrructed or msintained?
r on the premises.
I
AND the eeW praetor a A by eeveeaet led acres tAat they .0 soarmnf
Generally the property Aemby mr sod.
nNn5
Cumb. Co. Pe. 56oo1 Dbl. Cumb C ?, CIF t?? p ( I ,. /'C
k p n'.
yea ,..i l...I. e.,... ,. : Is. CL?Cu;,?DSh..hd . (\CQm&DSix?tu'4 :4' 7?1 lu lii'.GS?.,,r
0.ns. C.Ain. G. M., lL GnY fA. pn. G. M. L. _ .. ..
IN WITNESS WHEREOF, v,U pma o, Days Aemm o set their Ueda sadled a
f w day aed veer At above wietes. ?q
f ay.n. y..m .eS PNw.S (el
p , et Paul E. Robert •?Ea
Heim v. soot
f54
i, mm
SWa of Pennsylvania
155.
Coe of Cumberland
0 1
On tA4, the - ,A0 =D day el July • 1p70 r Defon au.
the nedes'i'ami optcer, pnemssR, appeared Paul E, Robert and Helen C. Robert,
his wife,
Anouse Is me I., eetu/.Icni m proven) to DE the pereees suhoee mm.e a an Subscribed is the
wiNin i,wt.ent, and acAn.msd ed that see y Eae<nted the owns for 1h. ASM.IviO en
EantainEd. .'e.l l.. j
IN WITNESS WHEREOF, 7 Metmta Lmet e4y Aae6 and Edwi'a?f seal i'l:? • !y? O
(,
YEl E4pv51. aFlY. no,nn ryE4: ?5 J ^^-i
4[bYXeH-d' M?MVEry O` ??,4
urmmaspan mm?a E[c. n. nn '.
T hereby certify that the precise residence and pals oftle'd
Ymh•Yn, of the prenteee Set RItG N. Pitt St., Carlleler Pe. 17613
BwKS 23rHC 820 -) -- a < 41. t?F,.aedE
EkH Gr
,,...
,:?-
f.
u, ? cam; C?
Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID NO. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
ELMER H. POTTEIGER, JR,
and ADONNA D. POTTEIGER,
Plaintiffs
v.
STEVEN M. REESE and LEOTA E,
REESE and KENNETH L. RHOADES
and MARJORIE A. RHOADES,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. 04-3042
: CIVIL DIVISION - EQUITY
: BOUNDARY DISPUTE
: PERMANENT INJUNCTION
JURY TRIAL DEMANDED
TO: Elmer H. Potteiger, Jr. and
Adonna D. Potteiger, Plaintiffs,
BROUJOS & GILROY, P.C.
John H. Broujos, Esquire
4 North Hanover Street
Carlisle, PA 17013
You are hereby notified to file a written response to
the enclosed New matter and counterclaims within twenty (20)
days from service hereof or a judgment may be entered against
you.
DATE: July 2 , 2004
13
Andrew C. Sheely, Esquire
PA ID # 62469
Attorney for Defendants
Kenneth L. Rhoades and
Marjorie A. ]Rhoades
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717-697-7050
Andrew C. Sheely, Esquire
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
PA ID No. 62469
717-697-7050 (Phone)
717-697-7065 (Fax)
ELMER H. POTTEIGER, JR,
and ADONNA D. POTTEIGER,
Plaintiffs
v.
STEVEN M. REESE and LEOTA E,
REESE and KENNETH L. RHOADES
and MARJORIE A. RHOADES,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: No. 04-3042
: CIVIL DIVISION - EQUITY
: BOUNDARY DISPUTE
: PERMANENT INJUNCTION
JURY TRIAL DEMANDED
ANSWER, NEW MATTER AND COUNTERCLAIMS OF DEFENDANTS
KENNETH L. RHOADES AND MARJORIE A. RHOADES
Kenneth L. Rhoades and Marjorie A. Rhoades, Defendants, by
and through counsel of Andrew C. Sheely, Esquire, hereby file
this responsive pleading to the Complaint filed by Plaintiffs,
and respectfully states as follows:
1. Admitted.
2. Denied. To the contrary, it is believed that Leota E.
Reese is deceased and that Defendant Steven M. Reese no longer
resides at the address set forth in Plaintiffs, Complaint.
3. Admitted.
4. Admitted in Part/Denied in Part. It is admitted that
Plaintiffs own two (2) tracts of real estate near the corner of
West Trindle Road and Mary Avenue in Monroe Township. It is
admitted that certain exhibits are attached to the Complaint.
It is specifically denied that the two (2) tracts of land are
correctly bounded and described as set forth in Exhibit's
attached to Plaintiffs' Complaint, and strict proof thereof is
demanded at trial or hearing.
5. Admitted upon
6. Admitted upon
7. Admitted upon
8. Admitted upon
9. Admitted upon
10. Denied, and st
information
information
information
information
information
:rict proof
and
and
and
and
and
:her(
belief.
belief.
belief.
belief.
belief .
aof demanded at trial or
hearing. To the contrary, it is believed that Leota E. Reese is
deceased and that Steven M. Reese resides at another location.
11. Defendants Rhoades are without knowledge as to the
veracity of the information contained in paragraph 11 of
Plaintiffs' Complaint. To the extent a response is required,
the allegations are denied and strict proof thereof demanded at
trial or hearing.
12. Admitted in Part/Denied in Part. It is admitted that
Defendants reside at the location described. It is denied that
the plan referenced in Plaintiffs allegations accurately sets
forth the legal descriptions of Plaintiffs and Defendants
properties. To the contrary, Defendants Rhoades legal
description is referenced in their deed attached to Plaintiffs'
Complaint as Exhibit "G".
13. Admitted.
14. Admitted in Part/Denied in part. It is admitted that a
2
plan of lots was recorded. It is denied that the plan of lots
is correct and accurately reflects the common property line or
correct legal description the Tract B, Lot 2 of Plaintiffs, and
strict proof thereof demanded at trial or arbitration.
COUNT I. PLAINTIFFS AGAINST BOTH DEFENDANTS
15. Denied, and strict proof thereof demanded at trial or
hearing as to Defendants Rhoades. To the contrary, Plaintiffs
have repeatedly trespassed and encroached upon the lands of
Defendants Rhoades without permission or legal right. Defendants
Rhoades are without sufficient information to form an opinion as
to the remaining allegations as to Defendants Reese, and to the
extent a response is required, the allegations are denied.
16. Admitted in Part/Denied in Part. It is admitted that
Plaintiffs and counsel have contacted Defendants on occasion
concerning the common property line between Defendants Rhoades'
property and Tract B, Lot 2, as owned by Plaintiffs. It is
specifically denied, and strict proof thereof demanded at trial
or hearing that Defendants Rhoades have encroached upon the
lands of Plaintiffs. To the contrary, Plaintiffs have
repeatedly trespassed and encroached upon the lands of
Defendants Rhoades without permission or legal right.
Defendants' Rhoades are without sufficient information to form
an opinion as to the remaining allegations as to Defendant
3
Reese.
17. Admitted in Part/Denied in Part. It is admitted that
Defendants Rhoades planted trees, lilacs, bridal wreath bushes,
forsythia plants and other bushes adjacent to Plaintiffs
property. It is specifically denied and strict proof thereof
demanded at trial that Defendants Rhoades trespassed upon or
erected trees or bushes on the lands of Plaintiffs. Defendants
Rhoades are without sufficient information to form an opinion as
to the remaining allegations as to Defendants Reese.
18. Admitted in Part/Denied in Part. It is admitted that
Defendants have been advised by Plaintiffs and their prior
counsel to refrain from trespassing upon Plaintiffs' property.
It is specifically denied that Defendants Rhoades at any time
trespassed on or planted trees or shrubs upon the land of
Plaintiffs which are required to be moved.
19. Denied, and strict proof thereof demanded as to
Defendants Rhoades. By way of further response, Defendants
Rhoades' property is located on a slight grade or hill above
Plaintiffs' property, Defendants Rhoades have not changed the
original property grades and water does not drain on Plaintiffs'
property from Defendants Rhoades' property. Defendants Rhoades
are without sufficient information to form an opinion as to the
remaining allegations as to Defendant Reese.
20. Denied and strict proof thereof demanded as to
Defendant Rhoades. By way of further response, Defendant
4
Rhoades have not increased the height of the ground on the south
side of the boundary line at least a foot and Defendant Rhoades
have not altered the height of ground to cause water to fall
over to and on the lands of Plaintiffs.
21. Denied. To the contrary, Defendants Rhoades believe
that a five (5) foot dispute exists between Plaintiffs and
Defendants Rhoades property due to Plaintiffs incorrect
interpretation of the legal description of Plaintiffs' property.
Defendants Rhoades are without sufficient :information as to form
an opinion as to the belief of Defendant Reese, and the
remaining allegations therefor are denied and strict proof
thereof demanded at trial.
22. Admitted in Part/Denied in part. It is admitted that
Plaintiffs purchased the tract of land described as the original
tract A prior to Defendants Rhoades purchase of Defendants'
Rhoades property. It is denied that Plaintiffs purchased Lot 2
prior to Defendants purchase of Defendants' property. To the
contrary, Defendants owned their lot for a period of
approximately four (4) years prior to Plaintiffs' acquisition of
Tract B, lot 2 as described in Plaintiffs' Complaint.
23. Denied, and strict proof thereof demanded at trial. To
the contrary, Plaintiffs have continually and repeatedly
trespassed upon the lands of Defendants Rhoades.
COUNT II. PLAINTIFFS AGAINST DEFENDANTS RHOADES
24. Denied, and strict proof thereof demanded as to
5
Defendant Rhoades. By way of further response, Defendants'
Rhoades have not increased the height of the ground at the rear
of their property at least a foot and Defendants Rhoades have
not altered the height of ground to cause water to fall over to
and on the lands of Plaintiffs.
25. Denied. To the contrary, Plaintiffs have no
jurisdiction or authority to regulate or enforce the ordinances
of Monroe Township and Defendants Rhoades septic system is in
complete compliance with the applicable township ordinances.
26. Denied, and strict proof demanded thereof at trial or
hearing. To the contrary, Defendants Rhoades have not had any
sewer back ups on their property to impact Plaintiffs' lands and
no sewage entered Plaintiffs property so as to constitute any
form of trespass.
NEW MATTER OF DEFENDANTS' RHOADES
27. The responses and affirmative statements set forth
above are incorporated herein as if set forth at length.
28. Plaintiffs have failed to set forth a recognizable
cause of action against Defendants Rhoades..
29. Plaintiffs are estopped from pursuing the relief
requested and sought in their complaint.
30. Plaintiffs have not set forth any facts warranting
injunctive relief, permanent or temporary.
31. Plaintiffs' claims are barred by the doctrine of
laches.
6
32. The legal right of way line of the Trindle Road, (SR
641) is fifty (50) feet.
33. Plaintiffs are attempting to acquire an additional five
(5) feet of land from Defendants Rhoades without legal right or
authority.
34. Plaintiffs' property described as Tract B, Lot 2
commences at a point at the legal right of way line of the
Trindle Road which is at a distance of twenty-five (25) feet
from the center-line of the Trindle Road (SR 641).
35. The relief sought by Plaintiffs is inconsistent with
existing legal descriptions and results in significant changes
to the boundary lines of a number of property owners within the
development known as Rebert Acres.
36. Plaintiffs have employed several surveyors during
their period of ownership of Tract B, Lot ;?, including a survey
dated July 8, 1975 by D.P. Raffensberger.
37. The surveyors employed by Plaintiffs have reached
results inconsistent with one another and Plaintiffs legal
description of Tract B, Lot 2 attached as exhibits to Plaintiffs
Complaint.
38. The surveyors employed by Plaintiffs have reached
results inconsistent with the legal descriptions as contained
within Plaintiffs deeds.
39. Plaintiffs' Count II is outside the jurisdiction of
this Court in equity as adequate remedies at law exist to
7
address the alleged violations pertaining to sewage/septic waste
involve enforcement of applicable township ordinances.
40. Defendants overhanging branches, to the extent
encroachment exists, have existed for a period in excess of 21
years and easements exist to allow such minimal encroachments to
continue as Plaintiff has acquiesced to such encroachments.
41. Plaintiffs have removed surveyor stakes and markings
placed along the common property lines of Defendants.
WHEREFORE, Defendants Rhoades respectfully request that
this Honorable Court dismiss Plaintiffs complaint, or in the
alternative, establish a boundary line between Defendants
property and Plaintiffs Tract B, Lot No. 2 at a distance one
hundred seventy feet from the legal twenty five (25) foot right
of way line as applicable to the Trindle Road (S.R. 641).
COUNTERCLAIMS
I. RHOADES V. POTTEIGERS ---TRESPASS
42. The statements and affirmative defenses raised in
paragraphs 1 - 41 are incorporated herein as if set forth at
length.
43. Since 1990, Plaintiffs have repeatedly trespassed upon
Defendants Rhoades' property causing damages to existing trees,
lilac bushes, forsythia plants which were lawfully existing on
Defendants Rhoades' property.
44. Plaintiffs periodically enter upon Defendants Rhoades
property to cutting their grass, cutting bushes and trees
8
existing upon the lands of Defendants Rhoades.
45. Plaintiffs have no lawful right to enter the property
of Defendants Rhoades and Plaintiffs received written notices
from Defendants' counsel advising Plaintiffs to refrain from
entering Defendants Rhoades' property.
46. During the Summer of 2000, Plaintiff Elmer Potteiger
entered upon the property of Defendants Rhoades and caused
significant damages to plants and trees that had existed on the
Defendants Rhoades' property owned by Defendants Rhoades for a
period in excess of thirty years.
47. As a result of such trespass, Defendants Rhoades'
plants and trees were damaged, and an amount of $795.38 is
necessary to return the plants and trees to the condition that
existed prior to Plaintiffs' trespass.
48. The trees and plants damaged by Plaintiffs have not
returned to their original condition.
WHEREFORE, Defendants Rhoades respectfully requests that
this Honorable Court enter judgement against Plaintiffs in the
amount of $795.38, plus costs, and any other relief deemed
appropriate.
II. RHOADES V. POTTEIGER - EQUITABLE RELIEF
49. Paragraphs 1 - 48 are incorporated herein as if set
forth at length.
50. Plaintiffs continually and repeatedly harass
Defendants Rhoades by contacting sewage enforcement officials
9
from Monroe Township and the Department of Environment
Protection alleging violations of the Sewage Facilities Act.
51. Plaintiffs and Defendants Rhoades have been repeatedly
advised by Monroe Township officials and State officials that no
violations exist.
52. Plaintiffs complaints to Township and State officials
cause Defendants Rhoades unnecessary aggravation, waste of
resources and loss of time.
53. Plaintiffs continually and repeatedly enter Defendants
Rhoades property without any legal or lawful right for no
legitimate purpose other than to annoy, harass and bother
Defendants Rhoades.
WHEREFORE, Defendant Rhoades respectfully request that this
Honorable Court enter an Order or Decree:
(a) Permanently enjoining Plaintiffs :Erom entering
Defendants Rhoades' property; and
(b) Enjoining Plaintiffs from reporting unfounded nuisance
complaints to the Township and State officials regarding
Defendants Rhoades' septic system; and
(c) Direct Plaintiffs to refrain from cutting, damaging,
destroying, trimming or interfering with Defendants Rhoades'
trees, plants, lilacs and other hedge plantings lawfully
existing on Defendants Rhoades property; and
(d) Direct Plaintiffs to replace the forsythia, lilac,
bridal wreath and other plants damaged or destroyed by
10
Plaintiffs; and
(e) Any other relief the court shall deem appropriate.
III. RHOADES V. POTTEIGER - :ESTABLISHMENT OF
BOUNDARY LINE
54. Paragraphs 1 - 53 are incorporated herein as if set
forth at length.
55. Defendants Rhoades have owned their property for a
period in excess of twenty one (21) or more years.
56. Past and current efforts by Plaintiffs to acquire an
additional five (5) foot piece of realty results in taking of a
five (5) foot section of Defendants Rhoades existing property.
57. Defendants Rhoades purchased their property several
years prior to Plaintiffs purchase of Tract B, Lot 2.
58. A common boundary line exists between Plaintiffs and
Defendants Rhoades properties at a distance of one hundred
seventy (170) feet from the legal right-of-way line of the
Trindle Road (a fifty foot right-of way), as opposed to a
distance of one hundred seventy (170) feet dedicated right of
way line as maintained by Plaintiffs.
WHEREFORE, Defendants Rhoades respectfully request that
this Honorable Court find and establish that the common boundary
line exists at a distance of one hundred seventy (170) feet from
the twenty-five (25) foot legal right of way line of the Trindle
Road, direct Plaintiffs to refrain from entering Defendants
Rhoades property, and any other just and equitable relief.
11
DATE: July ?,f , 2004
Respec full° submitted,
Andrew C. Sheely, Esquir
PA ID # 62469
Attorney for Defendants
Kenneth L. Rhoades and
Marjorie A. Rhoades
127 S. Market Street
P.O. Box 95
Mechanicsburg, PA 17055
717-697-7050
12
VERIFICATION
I verify that the statements made in this Answer, New
Matter and Counterclaim 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: July29' , 2004 Oco o v"`"° J
Ke neth L. Rhoades
CERTIFICATE OF SERVICE
I, Andrew C. Sheely, Esquire, hereby certify that I am this
day serving the foregoing Defendants Answer, New Matter and
counterclaim to Plaintiff's 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:
BROUJOS & GILROY, P.C.
John H. Broujos, Esc;uire
4 North Hanover Street
Carlisle, PA 17013
Date: July 2? , 2004
13
a
C_.
6,.)
Go Za rl7
OC)
T?
SHERIFF'S RETURN - REGULAR f°-
CASE NO: 2004-03042 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
POTTEIGER ELMER H JR ET AL
VS
REESE STEVEN M ET AL
ROBERT BITNER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EQUITY was served upon
RHOADES KENNETH L the
DEFENDANT , at 1957:00 HOURS, on the 9th day of July 2004
at 7 MARY AVENUE
MECHANICSBURG, PA 17055 by handing to
KENNETH RHOADES
a true and attested copy of COMPLAINT - EQUITY together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service 7.40
Affidavit .00
Surcharge 10.00
.00
23.40
Sworn and Subscribed to before
me this ;?7& day of
A.D.
Prothonotai
So Answers:
R. Thomas Kline
07/22/2004
BROUJOS & GILROY
Deputy Sheriff
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2004-03042 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
POTTEIGER ELMER H JR ET AL
VS
REESE STEVEN M ET AL
R. Thomas Kline Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
REESE STEVEN M but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - EQUITY
NOT FOUND , as to
the within named DEFENDANT REESE STEVEN M
1250 HILLSIDE DRIVE
MECHANICSBURG, PA 17055
PER DAUGHTER, STEVEN LIVES AT
675 YOCUMTOWN ROAD ETTERS, PA 17313.
Sheriff's Costs: So answers:
Docketing 18.00
Service 7.40
Not Found 5.00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
40.40 BROUJOS & GILROY
07/22/2004
Sworn and subscribed to before me
this .27day of /4
,2nvq A.D.
Q. YVLLt? ?jf'
Pr t onotary C??
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2004-03042 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
POTTEIGER ELMER H JR ET AL
VS
REESE STEVEN M ET AL
R. Thomas Kline
,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named DEFENDANT
REESE LEOTA E but was
unable to locate Her in his bailiwick. He therefore returns the
COMPLAINT - EQUITY ,
, NOT FOUND , as to
the within named DEFENDANT , REESE LEOTA E
1250 HILLSIDE DRIVE
MECHANICSBURG, PA 17055
PER DAUGHTER, LEOTA IS DECEASED SINCE 8/14/00.
Sheriff's Costs:
Docketing 6.00
Service .00
Not Found 5.00
Surcharge 10.00
.00
21.00
So answers : R. Thom
Sheriff of Cumberlahd County
BROUJOS & GILROY
07/22/2004
Sworn and subscribed to before me
this g day of P,_
TTT I
py+{ A.D.
?pp, , - )x - , '`?
Pr tlAonotary
SHERIFF'S RETURN - REGULAR
CASE NO: 2004-03042 P
COMMONWEALTH OF PENNSYLVA?1NIA:
COUNTY OF CUMBERLAND
POTTEIGER ELMER H JR ET AL
VS
REESE STEVEN M ET AL
ROBERT BITNER
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - EQUITY was served upon
RHOADES MARJORIE A the
DEFENDANT , at 1955:00 HOURS, on the 9th day of July 2004
at 7 MARY AVENUE
MECHANICSBURG, PA 17055 by handing to
KENNETH RHOADES ADULT IN CHARGE
a true and attested copy of COMPLAINT - EQUITY together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 6.00
Service .00
Affidavit .00
Surcharge 10.00
.00
16.00
Sworn and Subscribed to before
cz
me this a-1 day of
?2-av-f A.D.
n 4'-e'' . 41"t4
P othion, otary
So Answers:
R. Thomas Kline
07/22/2004
BROUJOS & GILROY
B ---?
Deputy Sheriff
Curtis R. Long
Prothonotary
office of the Protbonotarp
Cumberlanb Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
(0 J4 - -3 Q CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 Fax (717) 240-6573