HomeMy WebLinkAbout10-5885
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ROY M. SINGER, JR.,and PATRICIA A. SINGER
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
HARRY J. ARNOLD and DONNA L. ARNOLD and ROBERT HARPSTER
. NO. I o - 588s 0,iyi I -kp 2?hl
Defendant
: Civil Term
NOTICE TO DEFEND
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN
TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A
WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILLING 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 JUDGEMENT 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 PEOPERTY
OR OTHER RIGHTS RAPORTANT 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 THE TELEPHONE OR THE OFFICE
SET FORTH BELOW TO FIND WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
1-800-990-9108
717-249-3166
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Robert Radebach, Esquire
912 North River Road
Halifax, PA 17032
717-896-2666
robradebachatty@aol.com
Attorney for Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROY M. SINGER, JR and
PATRICIA A. SINGER, his wife
Plaintiffs
HARRY J. ARNOLD and
DONNA L. ARNOLD, his wife, and
ROBERT HARPSTER,
Defendants
CIVIL ACTION - LAW
: NO.
COMPLAINT
1. Plaintiffs Roy M. Singer, Jr. And Patricia A. Singer, his wife are adult
individuals residing at 402 Brick Church Road, East Pennsboro Township, Cumberland
County, Pennsylvania
2. Defendants Harry J. Arnold and Donna L. Arnold, his wife are adult
individuals residing at 406 Brick Church Road, East Pennsboro Township, Cumberland
County, Pennsylvania.
3. Defendant Robert Harpster is an adult individual residing at 404 Brick Church
Road, East Pennsboro Township, Cumberland County, Pennsylvania
4. Plaintiffs Roy M. Singer, Jr. And Patricia A. Singer, his wife are the owners of
one tract of land situate in East Pennsboro Township, Cumberland County,
Pennsylvania, described in Cumberland County Deed Book Y-24, Page 154, as follows:
All THAT CERTAIN tract or parcel of land with improvements thereon erected situate in
East Pennsboro Township, Cumberland County, Pennsylvania, bounded and described in
accordance with a plan Of survey by Gerrit J. Betz, dated November 13, 19721 as follows, to wit:
BEGINNING at a point on the Westerly line of Brick Church Road which point is 154.42
feet North of the Northwesterly corner of Dauphin Street and Brick Church Road and at Northerly
line of a ten (10) feet wide unopened public alley;
thence along same South 85 degrees 20 minuted West 150 feet to a point on the Easterly line of
a 10 feet unopened public alley;
thence along same North 4 degrees 40 minutes West 50 feet to a point; thence North 85 decrees
20 minutes East 150 feet to a point on the Westerly line of Brick Church Road aforesaid;
thence along same South 4 degrees 40 minutes East 50 feet to a point the place of BEGINNING.
HAVING thereon erected a two and one-half (2'/Z) story frame dwelling numbered 402
Brick Church Road.
5. Defendants Harry J. Arnold and Donna L. Arnold, his wife are the owners of
one tract of land situate in East Pennsboro Township, Cumberland County,
Pennsylvania, described in Cumberland County Deed Book 276, Page 2664, as
follows:
ALL THAT CERTAIN lot or piece of ground situate in East Pennsboro Township, Cumberland
County, Pennsylvania, bounded and described in accordance with a survey by Michael C. D'Angelo,
registered Surveyor, dated June 13, 1975, as follows:
BEGINNING at a point on the westerly side of Brick Church Road (50 feet wide) at the Northeast
corner of Lot No. 15 on the hereinafter mentioned plan; said point being measured along said road in a
Northwardly direction 269.0 feet from the centerline of Dauphin Street;
thence extending from said beginning point along the Northerly said of Lot No. 15 North 82 degrees 15
minutes West 150.0 feet to a pin on the Easterly side of a 10 foot alley; thence extending along said alley,
North 8 degrees 22 minutes East 45.0 feet to a found stake a corner of lot No. 13;
thence extending along side lot South 82 degrees 15 minutes East 150.0 feet to a found pin on the
Westerly side of Brick Church Road;
thence extending along said road, South 8 degrees 22 minutes West 45.0 feet to the point and place of
BEGINNING.
BEING Lot No. 14, Block A on Plan of Lots of Enola Terrace, recorded in Plan Book 1, Page 3.
BEING known and numbered as 406 Brick Church Road.
6. Defendant Robert Harpster is the owner of two tracts of land situate in East
Pennsboro Township, Cumberland County, Pennsylvania, described in Cumberland
County Deed Book 199, Page 535, as follows:
Parcel 1
ALL THAT CERTAIN lot of land situate in East Pennsboro Township, bounded and
described as follows:
BEGINNING at a pin on the East side of Carlisle Avenue and the southern line of
the land formerly of Jacob R. and Elsie M. Bender;
thence East along the land formerly of the aforesaid Jacob R. and Elsie M. Bender eighty-two and
eight tenths (82.8) feet, more or less, to a pin on an unnamed alley; thence southwardly along the
West side of the alley last mentioned, ninety-five and eight tenths (95.8) feet more or less, to the
North side of another unnamed alley;
thence westwardly along the North side of the alley last mentioned, fifty-four and three tenths
(54.3) feet, more or less, to the East side of Carlisle Avenue;
thence nouhwardly along the East side of Carlisle Avenue, ninety-six (96) feet, more or less, to a
point, the place of BEGINNING.
Parcel 2
ALL THAT CERTAIN lot of ground situate in East Pennsboro Township, County of
Cumberland and State of Pennsylvania, bounded and described as follows, to wit:
On the North by Lot No. 14, Block A;
On the West by an alley;
On the South by Lot No. 16, Block A; and
On the East by State Street.
CONTAINING fifty feet in front on State Street and extending back an even width of one hundred
and fifty feet (150) to the aforesaid alley;
BEING Lot No, 15, Block A, according to plan of lots laid out and adopted by Arthur R.
Rupley, called Enola Terrace, said plan being recorded in the Recorder's Office in and for
Cumberland County, at Carlisle, Pennsylvania, in Plan Book 1, Page 3.
HAVING thereon erected a frame dwelling house No. 404 Brick Church Road, Enola,
7. Plaintiffs aver that there is an alley approximately ten feet (10') in width
leading west from Brick Church Road along lands of William C. Rheem, Jr.,
known as 408 Brick Church Road, which then bends to the south along the lands
of Defendants Arnold, which has been constituted as an alley for many years and
has been used by the partes to this action without objection, obstruction or
interference except at the lands of Arnolds. The Rheem property is described as
follows:
ALL THAT CERTAIN tract of land with the improvements thereon erected situate in East
Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and
described as follows, to wit:
BEGINNING at a point at the Southwest corner of Brick Church Road (formerly called
State Street) and a ten-foot wide alley;
thence Southwardly along the west line of Brick Church Road 66 feet, more or less, to a point at
line of lands now or late of Edgar L. Weller and wife;
thence along said Weller lands, North 82 degrees 15 minutes West, 150 feet to the East line of
another ten-foot wide alley;
thence by the latter alley, North 5 degrees 45 minutes East, 17.7 feet to the Southern side of the
ten-foot wide alley first mentioned;
thence by the Southern side of said alley, North 78 degrees 12 minutes East, 157 feet, more or
less, to the Place of BEGINNING.
8. Plaintiffs aver that each of the tracts of the parties hereto which have frontage
on Brick Church Road abut a ten foot wide unnamed alley on the west of said lots,
which provides access to the western end of each such lot.
9. The said alley was laid out on the plan of Enola Terrace by A. R. Rupley, and
recorded in Cumberland County Plan Book 1, Page 3, and is shown on Block "A" of
the said Plan.
10. Plaintiffs aver that ever since Defendants Arnold acquired ownership of Lot
No. 14, Block A, of Enola Terrace, they have claimed ownership of the bed of the
aforesaid alley and have hindered, blocked and wrongfully excluded the Plaintiffs from
their clear right to the use of the said alley, by parking vehicles and trailers thereon and
have now blocked the said alley by erection of a small concrete block wall so that the
Plaintiffs are unable to access the rear of their property and the garage erected at the
west end of their lot.
11. Plaintiffs aver that they sought assistance from East Pennsboro Township to
regain use of the said alley, but were unable to obtain any relief from what has
developed into a substantial conflict which has the potential for serious bodily harm and
property damage.
12. On June 20, 2010, Plaintiffs were loading a truck parked on the alley in
question adjacent to the north side of Arnold property for purposes of loading items of
personal property, when Harry Arnold demanded that Plaintiffs move the truck, and
when Plaintiffs failed to move the truck, Defendant Harry Arnold towed the vehicle off
the alley and caused substantial damages to the four wheel drive hubs and the
transmission of the Plaintiffs' vehicle, the costs of repair for said damages being
$1701.30, and required Plaintiffs to have the vehicle towed to a garage for an additional
expense of $130.00
13. Plaintiffs aver that the vehicle used to tow their truck was owned by
Defendant Harpster, who permitted Harry Arnold to use said truck to tow the vehicle of
Plaintiffs and Plaintiffs aver that Defendant Harpster is also liable for the damages to
the truck of the Plaintiffs, by permitting Harry Arnold to use it to tow and damage the
Plaintiffs' truck.
14. Plaintiffs aver that neither Defendants Arnold nor Defendant Harpster have
acquired sufficient ownership rights in the said alley to exclude Plaintiffs from their
lawful right to use the said alley either by conveyance or adverse possession, so that
their actions on June 20, 2010, constitute an actionable trespass entitling the Plaintiffs
to damages.
15. Plaintiffs further aver that they are entitled to an Order from this Honorable
Court declaring that the Plaintiffs have the right to use the aforesaid alley free and clear
of any objection, obstruction and enjoining the said Defendants from interfering with the
Plaintiffs use of the said alley.
WHEREFORE, Plaintiffs demand Judgment against the Defendants in the
amount of $1831.30, together with interest and costs from June 20, 2010, and further
that this Honorable Court enter an Order declaring that the Plaintiffs have the free right
of passage over and upon the alley abutting the lands of Defendants in common with
the said Defendants, and further enjoining the said Defendants from obstructing,
blocking or interfering with the Plaintiffs lawful use of the said alley, and such other
relief as the Court deems proper...... and Pla
Robert G. Radebach, Esquire
912 North River Road
Halifax, PA 17032
717-896-2666
I.D. 19255
Attorney for Plaintiffs
We verify that the statements made in this Complaint are true and correct. We
understand thatfalse statements herein are made subjectto the penalties of 18 Pa. C.S.A.
§4904 relating to unswom falsification to authorities.
Dated:September 11, 2010 P4,
C
ROY SINGER or ft.-4-it
ROY M. SINGER, JR. and : IN THE COURT OF COMMON PLEAS
PATRICIA A. SINGER, :CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 10-5885 Civil Term
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HARRY 3. ARNOLD and DONNA
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ANSWER ~
AND NOW come the defendants, by and through their attorney, James H. Turner,
Esquire, and makes the following Answer:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted and denied. The alley in question has been never developed nor
dedicated to the public. It has been obstructed by plaintiff when plaintiff constructed a carport
on his property. Plaintiff has further obstructed it by the accumulation of trash and debris.
8. Denied. Access to the western end of plaintiff s lot is by an alley running along
the southern side of plaintiff's property which has been obstructed by plaintiff.
9. Admitted.
10. Denied. Plaintiff has access to the rear of his property by means of the alley
which plaintiff has obstructed.
11. Denied. Defendant is unaware of any efforts by plaintiff to contact East
Pennsboro Township nor does the situation have the potential for serious bodily harm or property
damage.
12. Denied. Plaintiff was obstructing the alleyway for two days but was not loading
any property into the truck nor was he in its vicinity. Defendant Harry Arnold repeatedly
requested plaintiff to remove the truck which was obstructing the alleyway as did an East
Pennsboro Township police officer, which requests plaintiff refused. Defendant Harry Arnold
did tow the truck a short distance so the alleyway would be clear to vehicular access after
advising plaintiff of his intention to do so on three occasions. Defendants are unaware of any
damages to plaintiff s vehicle.
13. Denied. Defendant Harry Arnold obtained permission to use the truck but did not
inform defendant Harpster of his purpose for using the truck.
14. Denied. Plaintiff was trespassing on the alleyway on June 20, 2010 by
obstructing it for no purpose and by refusing to remove the obstruction.
15. Denied. By obstructing the alleyway on the south side of the property, plaintiff
has forfeited any rights to the remainder of the alleyway.
WHEREFORE, plaintiff requests your Honorable Court to dismiss the complaint of
plaintiff.
Jars H. Turner, Esquire
TURNER AND O' CONNELL
4701 North Front Street
Harrisburg, PA 17110
717/232-4551
Attorney for defendant
Verification
I verify that the statements made in the foregoing are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C.S.A.
Section 4904 relating to unsworn falsification to authorities.
Date: ~~f ~/D
~c-T~ ~~l C.L~~
Certificate of Service
I, 3ames H. Turner, hereby certify that I served a true and correct copy of the foregoing
by depositing same in the U.S. mail, first class postage prepaid, addressed as follows:
Robert Radebach, Esquire
912 North River Road
Halifax,PA 17032
Date: 10/15/10 es H. Turner
Robert Radebach, Esquire
912 North River Road
Halifax, PA 17032
717-896-2666
robradebachatty@aol.com
Attorney for Plaintiffs
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROY M. SINGER, JR. and
PATRICIA A. SINGER,
Plaintiffs
: CIVIL ACTION - LAW
V.
HARRY J. ARNOLD,
DONNA L. ARNOLD, and
ROBERT HARPSTER,
Defendants
NO. 10-5885 -CIVIL
PLAINTIFFS' FIRST SET OF INTERROGATORIES DIRECTED TO DEFENDANTS
To: Harry J. Arnold, Donna L. Arnold, and Robert Harpster, Defendants
c/o James Turner, Esquire
Turner and O'Connell
4701 North Front Street
Harrisburg, PA 17110
Pursuant to Rule 4005 of the Pennsylvania Rules of Civil Procedure, you have
been served the within Interrogatories by the Plaintiffs aforementioned, and are
required to answer same, in writing and under oath, within thirty (30) days of the date of
service hereof.
INSTRUCTIONS
1. These Interrogatories are considered to be continuing and, therefore, should
be modified or supplemented as you obtain further or additional information up to the
time of trial of this case.
2. The answers to these Interrogatories shall reflect the cumulative knowledge
of all representatives, agents and employees of the party to whom they are addressed.
3. Where exact information cannot be furnished, estimated information is to be
supplied. Where an estimate is to be used, it should be identified as such and
accompanied by an explanation as to the basis on which the estimate is made and the
reason the exact information cannot be furnished.
4. Where knowledge, information or documents in the possession of a party are
requested, such request includes knowledge, information or documents in the
possession of the party's agents, representatives or attorneys.
5. If any document was, but no longer is in your possession or subject to your
control, state what disposition has been made of it.
DEFINITIONS
1. "Document" or "documents" includes, without limitation, writings and printed
matter of every kind and description, photographs and drawings, notes and records of
oral communication, and recordings (tapes, discs or other) of oral communication. In all
cases where originals are not available, "documents" also means copies of original
documents and copies of non-identical copies.
2. "Identify" as applied to person means to state the following: (a) full name; (b)
title, if any; (c) present home address; (d) present business address; and (e) person, if
any, for whom the person identified was acting at the time to which the interrogatory
relates.
3. "Identify" as applied to any writing means to state the following: (a) its date;
(b) identity of its author(s); (c) identity of its sender(s); (d) identity of person(s), to whom
it is addressed; (e) identity of recipient; (f) format; (g) title; (h) number of pages; (1)
complete summary of contents; and 0) identity of person(s) known or believed to have
possession, custody or access to the writing.
4. "Identify" as applied to an oral statement, conversation or conference means
to (a) identify the person making each statement, the person to whom each statement
was made, and all other persons present at the time of each statement; (b) state the
date of such statement, conversation or conference; (c) state the place where such
statement, conversation or conference was held; (d) if by telephone, identify the person
receiving the telephone call, the person making the call, and the places where the
persons participating in the call were located; and (e) state in detail the substance of
each statement, conversation or conference.
5. "Person" means any individual, firm, association, partnership, corporation, or
trustee and also, where relevant, the person representing or acting for such "person".
6. "Explain" or "state" means to set forth every fact relevant to the answer to the
Interrogatory and to set forth each such fact fully and unambiguously.
INTERROGATORIES
1. Personal Information (for each Defendant). State:
(a) Your full name;
(b) Each other name, if any, which you have used or by which you
have been known;
(c) The name of your spouse at the time of the incident period set forth
in your Complaint and the date and place of your marriage to such
spouse;
(d) The address of your present residence and the address of each
other residence which you have had during the past five years;
(e) Your present occupation and the name and address of your
employer;
(f) Date of your birth;
(g) Your Social Security number;
(h) Your military service and positions held, if any; and
(1) The schools you have attended and the degrees or certificates
awarded, if any.
ANSWER:
Factual basis for claims and defenses. State with particularity the factual
basis for each claim you are asserting in the case.
ANSWER:
3. Witnesses.
(a) Identify each person who:
(1) Was a witness to the incident through sight or hearing and/or
(2) Has knowledge of facts concerning the happening of the incident or
conditions or circumstances at the scene of the incident prior to, at
the time of, or after the incident.
(b) With respect to each person so identified, state that person's exact
location and activity at the time of the incident.
ANSWER:
4. Statements. If you know of anyone that has given any statement (as
defined by the Rules of Civil Procedure) concerning this action or its subject matter,
state:
(a) The identity of each such person;
(b) When, where, by whom, and to whom each statement was made, and
whether it was reduced to writing or otherwise recorded; and
(c) The identity of any person who has custody of any such statement was
reduced to writing or otherwise recorded.
ANSWER:
5. Reports of incident. Identify documents (except reports of experts subject
to Pa. R.C.P. No. 4003.5) which describe the incident or the cause thereof.
ANSWER:
6. Demonstrative evidence. If you know of the existence of any
photographs, motion pictures, video recordings, maps, diagrams, or models relevant to
the incident, state:
(a) The nature or type of such item;
(b) The date when such item was made;
(c) The identity of the person that prepared or made each item; and
(d) The subject that each item represents or portrays.
ANSWER:
7. Trial preparation material. If you, or someone not an expert subject to Pa.
R.C.P. No. 4003.5, conducted any investigations of the incident, identify:
(a) The identity of any document(s) (except reports of experts subject to Pa.
R.C.P. 4003.5) regarding any survey or investigative reports, setting forth
the author and date of such document(s).
ANSWER:
8. Trial witnesses. Identify each person you intend to call as a non-expert
witness at the trial of this case, and for each person identified state your relationship
with the witness and the substance of the facts to which the witness is expected to
testify.
ANSWER:
9. Expert Witnesses. Identify each expert you intend to call as a witness at
the trial of this matter, and for each expert state:
(a) The subject matter about which the expert is expected to testify; and
(b) The substance of the facts and opinions to which the expert is expected to
testify and a summery of the grounds for each opinion. (You may file as
your answer to this interrogatory the report of the expert of have the
interrogatory answered by your expert.)
ANSWER:
10. Trial Exhibits. Identify all exhibits that you intend to use at the trial of this
matter and state whether they will be used during the liability or damages portions of
the trial.
ANSWER:
11. Books, Magazines, etc. If you intend to use any book, magazine, or other
such writing at trail, state:
(a) The name of the writing;
(b) The author of the writing;
(c) The publisher of the writing;
(d) The date of publication of the writing; and
(e) The identity of the custodian of the writing.
ANSWER:
12. For each Defendant, state:
(a) The period and amount of time they have resided at their current
residence;
(b) The prior owners of their residence, if known;
(c) The current address of any of the prior owners, if known; and
(d) The period and amount of time the prior owners resided at their
residence.
ANSWER:
13. If you intend to use any admission(s) of a party at trial, identify such
admission(s).
ANSWER:
Date:
Halifax, PA 17032
(717) 896-2666
I.D.# 19255
Attorney for Plaintiffs
912 North River Road
Robert Radebach, Esquire
912 North River Road
Halifax, PA 17032
717-896-2666
robradebachatty@aol.com
Attorney for Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROY M. SINGER, JR. and
PATRICIA A. SINGER,
Plaintiffs : CIVIL ACTION - LAW
V.
HARRY J. ARNOLD,
DONNA L. ARNOLD, and :
ROBERT HARPSTER, :NO. 10-5885 -CIVIL
Defendants :
CERTIFICATE OF SERVICE
AND NOW, June 6, 2011, I, Robert G. Radebach, Esquire, Attorney for Plaintiffs,
hereby certify that I served a copy of Plaintiffs' First Set of Interrogatories Directed to
Defendants in the above-captioned matter upon James H. Turner, Esquire, Attorney for
Defendants, on June 6, 2011, by depositing the same in the United States Mail,
postage prepaid in the post office at Harrisburg, Pennsylvania, addressed as follows:
James Turner, Esquire
Turner and O'Connell
4701 North Front Stree
Harrisburg, PA 1711 ,
Robert G. Radebach,
912 North River Road
Halifax, PA 17032
(717) 896-2666
I.D.# 19255
Attorney for Plaintiffs
CA
PRAECIPE FOR LISTING CASE FOR TRIAL
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case:
? for JURY trial at the next term of civil court.
X? for trial without a jury.
CAPTION OF CASE
(entire caption must be stated in full)
ROY M. SINGER and
PATRICIA A. SINGER
Xrn a1. ^LL,
i7
--"
----y---
'-
(check one)
X1 Civil Action - Law
? Appeal from arbitration
(other)
(Plaintiff)
vs. The trial list will be called on
HARRY J. ARNOLD and
DONNA L. ARNOLD Trials commence on
ROBERT HARPSTER
(Defendant) Pretrials will be held on
vs. (Briefs are due S days before pretrials
No. 10-5885 CIVIL Term
Indicate the attorney who will try case for the party who files this praecipe:
ROBERT G. RADEBACH, Esquire ?- --)
Indicate trial counsel for other parties if known: /
James Turner, Esquire / I
This case is ready for trial.
Date: May 10, 2012
-14.,15. DO PO ATry
e# l3lo/ //3/01
Pl# a 7sOys
Signed: _-Lt,W r(? f!Y
Print Name: ROBERT G. RADEBACH
Attorney for: Plaintiffs
ROY M. SINGER, AND
PATRICIA A. SINGER,
Plaintiffs
V.
HARRY J. ARNOLD, DONNA L. ARNOLD,
and ROBERT HARPSTER,
Defendants
IN THE COURT OF COMMON PLEAS OF
THE NINTH JUDICIAL DISTRICT
CIVIL ACTION - LAW
CIVIL TERM NO: 2010-5885
IN RE: NON-JURY TRIAL
ORDER OF COURT
AND NOW, this 30th day of May 2012, the case having been assigned to this
Court for the scheduling of the Non-Jury Trial, it t is hereby Ordered and Directed that
the Non-Jury Trial will be held on Wednesday, 15 August 2012 at 9:30 a.m. in
Courtroom No. Six of the Cumberland County Courthouse, Carlisle, Pennsylvania.
By the Court,
Thomas A. lacey C.P.J.
Distribution List:
/Robert Radebach, Esq.
912 North River Road '
`
Halifax, PA 17032 %
-` w =1=
'
Attorney for Plaintiffs ° r°
James Turner, Esq.
4701 North Front Street `
Harrisburg, PA 17110
Attorney for Defendants
? Court Administration
,?j?G
ROY M. SINGER, JR. and
PATRICIA A. SINGER,
Plaintiffs
v.
HARRY J. ARNOLD, DONNA L. ARNOLD
and ROBERT HARPSTER,
Defendants
~,,,~w~r
IN THE COURT OF COMMON PLE
OF THE NINTH JUDICIAL DISTRI
NO: 2010-5885 CIVIL TERM
IN RE: NON-JURY TRIAL VERDICT
AND NOW, this 31st day of August 2012, following a non jury trial held 15 August
2012, the court makes the following findings of fact in advance of its verdict:
1. Plaintiffs' property contains two ten-foot wide, unopened public alleys along the
left side of the property and the rear of the property when facing the property
Brick Church Road;
2. Defendants' properties share the rearward, unopened alley with Plaintiff;
3. Defendant Harry J. Arnold has erected a small block wall, parked vehicles, and
stored materials that block the ingress and egress of the rearward, unopened
public alley for Plaintiffs and Defendant Harpster;
4. Defendant Donna L. Arnold is a titled co-owner of the property, but has taken nc
personal action toward blocking the alley;
5. Defendant Robert Harpster owns a property adjoining both the Plaintiffs' and th
other Defendants' properties;
6. Defendant Harpster additionally owns property on the other side of this unopene
alley and has access to his property without the use of this alley. So, he is litera
ly
and figuratively in the middle of this dispute;
~ -
7. Defendant Robert Harpster has made no effort to block the ingress or egress
the rearward, unopened public alley;
8. The truck, allegedly damaged as claimed in this action, is not owned by any pa
to this action.
ORDER OF COURT
In applying the law to the above findings of fact:
1. The action against Defendant Robert Harpster is DISMISSED;
2. Plaintiffs have the right to use the rearward alley, free and clear of any
obstruction, in their quiet and peaceful ingress and egress to their property;
3. Defendants Harry J. and Donna L. Arnold are ENJOINED from interfering with
Plaintiffs' quiet and peaceful use of the rearward, unopened public allley;
4. Judgment on the claim for intentional damage to the truck of a non-party is
in favor of Defendants Harry J. and Donna L. Arnold.
By the Court,
Thoma A Placey C.P.J.
~ Robert Radebach, Esq.
912 North River Road
Halifax, PA 17032 ,, a
For Plaintiffs ~
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/ James Turner, Esq. `~`' ~'
4701 North Front Street .~. x,, -~
Harrisburg, PA 17110 ~""~ _
For Defendants `~ `•~' ~"
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~~