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HomeMy WebLinkAbout10-6126F.\FILES\Clients\13949 Cramer\13949.1. complaint Hubert X. Gilroy, Esquire I.D. No. 29943 R. Christopher VanLandingham, Esquire I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOSEPH R. CRAMER Plaintiff, V. RICHARD L. MELLINGER and SHARON E. MELLINGER Defendants, 1 _ (? ? 1.+'. ? t ?. t ly S I IVisiV 1A R 1 03 -%, FR'' L 'D couNTY F, fh IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. /D-?1,21,f CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LAWYER Contact: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 ?y?zaaPC ( 1-800-990-9108 Cg6' 3007 717-249-3166 Ro 4e FARLES\Clients\I3949 Cramer\13949. (.complaint Hubert X. Gilroy, Esquire I.D. No. 29943 R. Christopher VanLandingham, Esquire I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOSEPH R. CRAMER IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. ; RICHARD L. MELLINGER and : NO. SHARON E. MELLINGER Defendants, CIVIL ACTION - LAW : JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Joseph R. Cramer, by and through his attorneys MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and makes this Complaint averring as follows: 1. Plaintiff Joseph R. Cramer is an adult individual residing at 12507 Lakewood Court, Fort Meyers, FL 33908 (herein referred to as the "Plaintiff'). 2. Defendants Richard L. Mellinger and Sharon E. Mellinger are adult individuals residing at 255 Creek Road, Newville, Pennsylvania (herein collectively referred to as "Defendants"). 3. Plaintiff is the owner of a parcel of land and house located at 298 Creek Road, Newville, Cumberland County, Pennsylvania 17241 (herein referred to as the "Property"). 4. Defendants own a parcel of land that borders the Property on the southern and eastern sides (herein referred to as "Defendants' Land") 5. The Property was subdivided from Defendants' Land by Recorded Subdivision Plan dated May 20, 1983, and recorded in the Cumberland County Recorder of Deeds Office on August 8, 1983, in Book 43, Page 150, a copy of which is attached hereto as Exhibit "A." 6. Following subdivision, the Property was conveyed to Kirk E. Jacobs, Linda F. Jacobs, Richard L. Mellinger and Sharon E. Mellinger. 7. The Property was subsequently conveyed to Travis L. Mellinger and his wife, Darlene F. Mellinger, by deed dated March 30, 2005, and recorded in the Cumberland County Recorder of Deeds Office in Book 268, Page 291 (herein referred to as the "Deed" and attached hereto as Exhibit "B"). 8. The Pennsylvania Turnpike Commission owns the land on the northern border of the Property, which is a strip of land running parallel to Interstate 76 (a map of the Property and surrounding area is attached hereto as Exhibit "C") 9. Creek Road is a township road and controlled by West Pennsboro Township (herein referred to as the "Township"). Creek Road borders and runs parallel to the Property on the western side as shown on Exhibit "C." 10. The Property falls within the jurisdiction of the Township. 11. There is no direct access to the Property from Creek Road because Creek Road is separated from the Property by a steep rock incline and metal guardrail. The Township has inspected the Property and has determined by letter, attached hereto as Exhibit "D," that due to the difference in elevation between the Property and Creek Road, as well as the location of the guardrail, it would be unsafe to construct a driveway directly from Creek Road to the Property and thus determined that a driveway permit from Creek Road to the Property should be denied. 12. The Property is landlocked from all other roads by Defendants' Land and the Pennsylvania Turnpike Commission's land. 13. The only access to the Property is a driveway which runs from Creek Road across a small piece of Defendant's Land to the Property (herein referred to as the "Driveway") 14. Prior owners of the Property used the Driveway to access the Property. 15. Defendants have erected fenceposts along Creek Road blocking access from Creek Road to the Driveway. Defendants have further dug out the portion of the driveway located on Defendants' Land. 16. Due to Defendants' actions, there is no access to the Property, and therefore Plaintiff is denied the use and enjoyment of the Property. CLAIM I-EASEMENT BY IMPLICATION 17. Paragraphs 1-16 are hereby incorporated by reference as if fully set forth herein. 18. The Plaintiff is the successor in title to the conveyee. Defendants were the conveyors. 19. Plaintiff's predecessors in title used the Driveway to access the Property for five years. 20. The Driveway provides the only access to the Property. 21. It is clear from the Subdivision Plan that access to the Property would be over the Driveway even though there was not a specific reservation of an easement on the Subdivision Plan over the Driveway. The absence of the recorded easement on the Subdivision Plan was obviously an oversight in that the Defendants were aware at the time of the subdivision that the Property could not access Creek Road directly and that the owners of the Property would need to access Creek Road over the Driveway. WHEREFORE, Plaintiff Joseph R. Cramer requests this Court grant an easement by implication. CLAIM II-EASEMENT BY NECESSITY 22. Paragraphs 1-21 are hereby incorporated by reference as if fully set forth herein. 23. There is no access to the Property except through the Driveway. 24. The Township will not grant a permit to construct a new driveway directly from Creek Road to the Property due to safety concerns. 25. There is no other road from which a driveway could be constructed to access the Property. 26. In order for Plaintiff to access the Property, it is necessary for him to have an easement through the Driveway. WHEREFORE, Plaintiff Joseph R. Cramer requests this Court grant an easement by necessity. MARTSON LAW OFFICES By: HubertGilroy, Esquire I.D. N6. 29943 R. Christopher VanLandingham, Esquire I.D. No. 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: 7en, / la01-/c?610 EXHIBIT "A" • a m ? P5R i Yee ?c • ? _ ???? ff` ? o v w 2 ; _ i A 0 Cb air a ? 'p s 3 ? M S • ? o.?y,? .. Y.: .pn S 10 363 . 6 z ? a ? tie Q o ?o • S - a 3 • W oe. •y ? O. `sr W J Q• •?3` J C iN as d ? a'' r G north ?q n ( a.I .y H ? CO C ? • w 0, 4 • o Q? y? o • h C p .$ s fD ' e r \. 0 ?? \? o ff I ZA c n a p? o o N po Vf i O 47 ro ? '? N w . 4\ ?' ' s _14 a ?Qa? W ?1 O e H ,00 n PD LN W"'tgs ?.LSS??YiS J . •?rlp 4dh .: ,r 1- ?' EXHIBIT "B" /0 qty i_ F i i G u -Er ' Parcel No.: 46-07-0479-001C 2005 MR 30 Aft 10 48 DE MADE THE 23rd day of March in the year of our Lord Two Thousand Five (2005). BETWEEN KIRK E. JACOBS and LINDA F. JACOBS, husband and wife, and RICHARD L. MELLINGER and SHARON E. MELLINGER, husband and wife, all of Cumberland County, Pennsylvania, hereinafter referred to as: Grantors, and TRAVIS L. MELLINGER and DARLENE F. MELLINGER, husband and wife, of Cumberland County, Pennsylvania, hereinafter referred to as: Grantees, WITNESSETH, that in consideration of One Hundred Two Thousand and 00/100 Dollars ($102,000.00) in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantees, their heirs and assigns: ALL THAT CERTAIN tract of ground situate in West Pennsboro Township, Cumberland County, Pennsylvania, known as Lot No. 2 on the Final Subdivision Plan for D. Frank Mellinger, prepared by Stephen G. Fisher, R.S., dated May 20,1983, being known and numbered as 298 Creek Road, Newville, Cumberland County, more fully bounded and described as follows: BEGINNING at a point in the centerline of the dedicated right-of-way of Creek Road (T-427) at lands now or formerly of the Pennsylvania Turnpike Commission; thence along lands now or formerly of the Pennsylvania Turnpike Commission, North 86 degrees 43 minutes 33 seconds East, 336.64 feet to an iron pin; thence along lands now or formerly of D. Frank Mellinger and Ruth M. Mellinger, South 50 degrees 17 minutes 50 seconds West, 272.20 feet to an iron pin; thence along same, South 84 degrees 41 minutes 34 seconds West, 248.16 feet to a point in the centerline of Creek Road; thence along said centerline, North 34 degrees 08 minutes 34 seconds East, 214.59 feet to a point, the Place of BEGINNING. CONTAINING 1.096 acres. BEING the same premises which Eugene F. Mellinger and Karen Susan Beam, Co- Executors of the Last Will and Testament of D. Frank Mellinger, by Deed dated April 30,1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 176, Page 379, granted and conveyed unto Kirk E. Jacobs and Linda F. Jacobs and Richard L. Mellinger and Sharon E. Mellinger, Grantors herein. 6i x 2GS F;? 791 AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF kk El 04x?? (seal) KIRK . JACOBS seal LINDA F. JAC (seal) RI ARD L. M GER (seal) SHARON E. MELLING COMMONWEALTH OF PENNSYLVANIA ) ): SS. COUNTY OF CUMBERLAND ) On this, the ?fday of M GL mk . 2005, before me, the undersigned officer, personally appeared Kirk E. Jacobs and Linda F. Jacobs known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. OLM.a-n-? Vl 9454U-'1. (seal) OM NWI: LTA OF P Y VAN Notarial Sal Amanda L. Fisher, Noqarryy Public Carlisleftro. Cumbvlad Cu my Commission E ices A 17 X06 *We Assoeistlone(Notadaa Li'(/h F uc ?' COMMONWEALTH OF PENNSYLVANIA ) ): SS. COUNTY OF CUMBERLAND ) On this, the2?0 day of M a- (-W , 2005, before me, the undersigned officer, personally appeared Richard L. Mellinger and Sharon E. Mellinger known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. am A'- V ?? (seal) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amanda L. Fisher. Nay Public Carlisle BoM Cum land County M Commission Ex ' Apr. 17 Member. Pwwwihonia Asaodedw d NoWbs I hereby certify that the precise resi encce and o plete post office address of the within Grantees is 298 qr1 is 17241. In Cumberland County A A4 a,zft a 3 , 2005. i X. `;. eds c ' Attorney for Grantees e+ C" 20 F'•• ? ? ? M?1 7Q ? ,.a '.'?-? a i iii ? .•? r• r ¦ --? {{Y111?? r p..? "n e.. -ma ep p 70 ? 7D y O' BRIEN, BARIC & SCHERER W ?w ? 19 WEST SOUTH STREET CARLISLE PENNSYLVANIA 17013 w c 'r , 793 Q w w ? ~ 1r?? 'M ? 1-? ' MM M GI V? LQI N C ??'?$O?OCSv?0?0 CJ'1 s"a•. EXHIBIT "C" ?Q n `C3 V v N N O_ O _ a n ? x m c v v W o _p N _ N N '° on n n ? m ? Z o o n a O) o 7 N Ln ID a 'f O m o o m a N 11 at J 4 v p -, a A n V A (n -0 n T Z n N o n x V rn a o o m 3 a a CL N N N 3. 3 m a n s Z a n s W c 3 A N N `a C'! c 3 yr {p 4i fl. n 0 c `G a n, x 3 d a S R w a x 3 a S z to b UQ O EXHIBIT "D" WEST PENNSBORO TOWNSHIP 2150 Newville Road, Carlisle, PA 17015-7746 • Phone: (717) 243-8220 • Fax: (717) 243-1592 August 13, 2010 Martson Deardorff Williams Otto Gilroy & Faller Ten East High Street Carlisle, Pennsylvania 17013-3015 Attn: Attorney Hubert X. Gilroy Dear Attorney Gilroy, This letter is a follow up to a meeting held on August 12, 2010, at property located at 298 Creek Road, Newville, PA 17241, within West Pennsboro Township. At your request, we were asked to make a determination as to whether or not a driveway permit could be issued for this property, in its current condition. The existing driveway that accessed this parcel has been partially removed, and a newly constructed wood post and metal wire fence has been placed along the portion of Creek Road (T-427) which used to the driveway entrance to this parcel. At this time, vehicular access has been completely blocked. The West Pennsboro Township Road Superintendant and I reviewed this issue to see if the Township could issue a new driveway permit to allow access to this site. Given the extreme difference in elevation from the road surface to the average gradient of the parcel, and the placement of guide rail along Creek Road that traverses the entire frontage of the parcel, it is our determination that West Pennsboro could not issue a driveway permit due to these serious safety issues. I would suggest that the owner of the property contact a Civil Engineer to determine if an alternate driveway could be constructed, as we see many variables that undermine any safe ingress or egress to this site. The Pennsylvania Turnpike had replaced the bridge at the northeast corner of this parcel, approximately three to five years ago, and the road elevation was changed considerably along the parcel frontage. I would also suggest that the Turnpike Commission be contacted as to any easements that most likely exist along this parcel, which could further hinder the possibility of safe access. Please do not hesitate to contact me if you wish to discuss this matter further with either myself or Road Superintendant Jeffrey Shope at 717-243-8220. Very Truly Yours, Pohn M. Epley West Pennsboro Township Manager Cc: Paul L. Zeigler, Solicitor Jeffrey Shope, Road Superintendant Permit Manager-298 Creek Road VERIFICATION I, Joseph R. Cramer, certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. osep R. Cramer Hubert X. Gilroy, Esquire I.D. No. 29943 R. Christopher VanLandingham, Esquire I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOSEPH R. CRAMER Plaintiff, V. RICHARD L. MELLINGER and SHARON E. MELLINGER Defendants, ? tuL. ,.. • 1?3 " ` _, ?~L[(`r, G}}JCG{{UNTY t `_I?4J ,lr L7?i?lt1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10 - 60-6 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION TO AVOID IMMEDIATE IRREPARABLE HARM TO PROPERTY AND NOW, comes the Plaintiff, Joseph R. Cramer, by and through his attorneys MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and hereby moves this Court for a preliminary injunction under Pa.R.C.P. 1531, enjoining and restraining Defendant, pending final hearing and determination of this action, from preventing Plaintiff from accessing Plaintiff's property, which is improved by a single family dwelling, currently unoccupied, by erecting a barrier across the driveway to Plaintiff's property. Attached hereto as Exhibit "A" is a Complaint for Prescriptive Easement being filed concurrently by Plaintiff. In support of its Motion, Plaintiff avers as follows: This preliminary injunction is to prevent irreparable harm to Plaintiff's property which consists of a single family dwelling on a parcel of land. 2. Plaintiff's daughter Darlene Cramer ("Darlene") and Defendant's son, Travis Mellinger ("Travis") were formerly married. 3. On or about March 23, 2005, Darlene and Travis borrowed from and agreed to repay to Plaintiff the sum of $103,792.50 ("Loan"), in order to purchase a tract of land and home located at 298 Creek Road, Newville, West Pennsboro Township, Pennsylvania ("Property") from Defendant. As security for the Loan, Darlene and Travis executed and delivered a Mortgage on the Property to Plaintiff, a copy of which is attached to the Complaint as Exhibit "B." 4. The only access to the property is across a driveway from Creek Road and over Defendant's land ("Driveway"). 5. Darlene and Travis subsequently divorced and ceased making payments to Plaintiff. 6. Plaintiff foreclosed on the Property and received possession of the Property on or about May 20, 2010. 7. Thereafter, Defendant erected barriers across the Driveway which serves as the only access to the Property. 8. Unless Defendant is effectively restrained and enjoined from preventing Plaintiff access to the Property, Plaintiff will suffer immediate, substantial, and irreparable harm as more fully explained below. 9. Plaintiff is unable to maintain the Property in compliance with the ordinances of West Pennsboro Township and the Township has threatened legal action against Plaintiff by letter, a copy of which is attached hereto as Exhibit "B." "[T]he continuing violation of a township's ordinance is unlawful conduct which constitutes immediate and irreparable harm." PA. Central Realty Investment. Inc. v Township of Middlesex, 130 Pa.Cmwlth. 18, 25, 566 A.2d 931, 934 (1989). 10. The blocked Driveway creates a public hazard because emergency vehicles, such as fire engines, cannot access the Property in the event of a fire or other emergency. Therefore, the Property could be destroyed causing substantial irreparable harm. IL Plaintiff will be unable to sell the Property to recoup the amount of the Loan without access to the Property. 12. Plaintiff is unable to use and enjoy the Property. WHEREFORE, Plaintiff respectfully requests that this Court issue a preliminary injunction to enjoin and restrain Defendant from blocking access to the Property. MARTSON LAW OFFICES By: Hubert ilroy, Esquire I.D. N . 29943 R. Christopher VanLandingham, Esquire I.D. No. 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: q ar?-lcc?j 0 EXHIBIT "A" FAFILES\Clients\13949 Cramer\13949. (.complaint Hubert X. Gilroy, Esquire I.D. No. 29943 R. Christopher VanLandingham, Esquire I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOSEPH R. CRAMER Plaintiff, V. RICHARD L. MELLINGER and SHARON E. MELLINGER Defendants, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM : CIVIL ACTION - LAW : JURY TRIAL DEMANDED NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCE FEE OR NO FEE: IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD A LAWYER Contact: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1-800-990-9108 717-249-3166 FAFILES\Clients\13949 Cramer\13949.1.complsint Hubert X. Gilroy, Esquire I.D. No. 29943 R. Christopher VanLandingham, Esquire I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOSEPH R. CRAMER Plaintiff, V. RICHARD L. MELLINGER and SHARON E. MELLINGER Defendants, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW JURY TRIAL DEMANDED COMPLAINT AND NOW, comes the Plaintiff, Joseph R. Cramer, by and through his attorneys MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and makes this Complaint averring as follows: 1. Plaintiff Joseph R. Cramer is an adult individual residing at 12507 Lakewood Court, Fort Meyers, FL 33908 (herein referred to as the "Plaintiff'). 2. Defendants Richard L. Mellinger and Sharon E. Mellinger are adult individuals residing at 255 Creek Road, Newville, Pennsylvania (herein collectively referred to as "Defendants") 3. Plaintiff is the owner of a parcel of land and house located at 298 Creek Road, Newville, Cumberland County, Pennsylvania 17241 (herein referred to as the "Property") 4. Defendants own a parcel of land that borders the Property on the southern and eastern sides (herein referred to as "Defendants' Land") 5. The Property was subdivided from Defendants' Land by Recorded Subdivision Plan dated May 20, 1983, and recorded in the Cumberland County Recorder of Deeds Office on August 8, 1983, in Book 43, Page 150, a copy of which is attached hereto as Exhibit "A." 6. Following subdivision, the Property was conveyed to Kirk E. Jacobs, Linda F. Jacobs, Richard L. Mellinger and Sharon E. Mellinger. 7. The Property was subsequently conveyed to Travis L. Mellinger and his wife, Darlene F. Mellinger, by deed dated March 30, 2005, and recorded in the Cumberland County Recorder of Deeds Office in Book 268, Page 291 (herein referred to as the "Deed" and attached hereto as Exhibit "B"). 8. The Pennsylvania Turnpike Commission owns the land on the northern border of the Property, which is a strip of land running parallel to Interstate 76 (a map of the Property and surrounding area is attached hereto as Exhibit "C"). 9. Creek Road is a township road and controlled by West Pennsboro Township (herein referred to as the "Township"). Creek Road borders and runs parallel to the Property on the western side as shown on Exhibit "C." 10. The Property falls within the jurisdiction of the Township. 11. There is no direct access to the Property from Creek Road because Creek Road is separated from the Property by a steep rock incline and metal guardrail. The Township has inspected the Property and has determined by letter, attached hereto as Exhibit "D," that due to the difference in elevation between the Property and Creek Road, as well as the location of the guardrail, it would be unsafe to construct a driveway directly from Creek Road to the Property and thus determined that a driveway permit from Creek. Road to the Property should be denied. 12. The Property is landlocked from all other roads by Defendants' Land and the Pennsylvania Turnpike Commission's land. 13. The only access to the Property is a driveway which runs from Creek Road across a small piece of Defendant's Land to the Property (herein referred to as the "Driveway"). 14. Prior owners of the Property used the Driveway to access the Property. 15. Defendants have erected fenceposts along Creek Road blocking access from Creek Road to the Driveway. Defendants have further dug out the portion of the driveway located on Defendants' Land. 16. Due to Defendants' actions, there is no access to the Property, and therefore Plaintiff is denied the use and enjoyment of the Property. CLAIM I-EASEMENT BY IMPLICATION 17. Paragraphs 1-16 are hereby incorporated by reference as if fully set forth herein. 18. The Plaintiff is the successor in title to the conveyee. Defendants were the conveyors. 19. Plaintiff's predecessors in title used the Driveway to access the Property for five years. 20. The Driveway provides the only access to the Property. 21. It is clear from the Subdivision Plan that access to the Property would be over the Driveway even though there was not a specific reservation of an easement on the Subdivision Plan over the Driveway. The absence of the recorded easement on the Subdivision Plan was obviously an oversight in that the Defendants were aware at the time of the subdivision that the Property could not access Creek Road directly and that the owners of the Property would need to access Creek Road over the Driveway. WHEREFORE, Plaintiff Joseph R. Cramer requests this Court grant an easement by implication. CLAIM II-EASEMENT BY NECESSITY 22. Paragraphs 1-21 are hereby incorporated by reference as if fully set forth herein. 23. There is no access to the Property except through the Driveway. 24. The Township will not grant a permit to construct a new driveway directly from Creek Road to the Property due to safety concerns. 25. There is no other road from which a driveway could be constructed to access the Property. 26. In order for Plaintiff to access the Property, it is necessary for him to have an easement through the Driveway. WHEREFORE, Plaintiff Joseph R. Cramer requests this Court grant an easement by necessity. MARTSON LAW OFFICES By: oy, Esquire Hube?29943 I.D. R. Christopher VanLandingham, Esquire I.D. No. 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: EXHIBIT "A" I r `r NI°wl"pnlS?' - :• : ' g 46 . e 31 i ?, ;. t T. _ is-t•_ 3a S Lit ; A ? o..i e M a -? ; C s SCR; 3 •?. • co ?'' ?.. ? ? qty viq• T 'Jill C t S , " ;0 gam ` y, ?i. , ? •t 2 b o C L7 S 4k.. M. 8 i s;l CFito i tq co o gib ??, 1 A ? ro?a h? ? da ?+ . e2? ;.a•? ?a IV ?.: ;has t ?GD to e? J w .a ? (D a ? W j w 0 n. a a 1 ,. w J u 1 M J j north WA e .g EXHIBIT "B" /o(? ge ^'"'?f 7 pZ1 J 'FrLr? ? f\ r r • r . •. n .- •r.• y., r. Parcel No.: 46-07-0479-0010 ,,!uUYIr IZ Gr j: I 2005 PIRO 30 RM 10 48 DEW MADE THE 23rd day of March in the year of our Lord Two Thousand Five (2005 . BE" wEEN KIRK E. JACOBS and LINDA F. JACOBS, husband and wife, and RICHARD L. MELLINGER and SHARON E. MELLINGER, husband and wife, all of Cumberland County, Pennsylvania, hereinafter referred to as: Grantors, I and TRAVIS L. MELLINGER and DARLENE F. MELLINGER, husband and wife, of Cumberland County, Pennsylvania, hereinafter referred to as: Grantees, WITNESSETH, that in consideration of One Hundred Two Thousand and 00/ 100 Dollars ($102,000.00) in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey to the said Grantees, their heirs and assigns: ALL THAT CERTAIN tract of ground situate in West Pennsboro Township, Cumberland County, Pennsylvania, known as Lot No. 2 on the Final Subdivision Plan for D. Frank Mellinger, prepared by Stephen G. Fisher, R.S., dated May 20,1983, being known and numbered as 298 Creek Road, Newville, Cumberland County, more fully bounded and described as follows: BEGINNING at a point in the centerline of the dedicated right-of-way of Creek Road (T-427) at lands now or formerly of the Pennsylvania Turnpike Commission; thence along lands now or formerly of the Pennsylvania Turnpike Commission, North 86 degrees 43 minutes 33 seconds East, 336.64 feet to an iron pin; thence along lands now or formerly of D. Frank Mellinger and Ruth M. Mellinger, South 50 degrees 17 minutes 50 seconds West, 272.20 feet to an iron pin; thence along same, South 84 degrees 41 minutes 34 seconds West, 248.16 feet to a point in the centerline of Creek Road; thence along said centerline, North 34 degrees 08 minutes 34 seconds East, 214.59 feet to a point, the Place of BEGINNING. CONTAINING 1.096 acres. BEING the same premises which Eugene F. Mellinger and Karen Susan Beam, Co- Executors of the Last Will and Testament of D. Frank Mellinger, by Deed dated April 30,1998 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 176, Page 379, granted and conveyed unto Kirk E. Jacobs and Linda F. Jacobs and Richard L. Mellinger and Sharon E. Mellinger, Grantors herein. Lic x 268 ru 791 AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day and year first above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF /yj & (seal) KIRK . JACOBS (seal) LINDA F. JACCAS ' 'f I (seal) RI ARD L. MEffl&GER ? /?? (seal} SHARON E. MELLING COMMONWEALTH OF PENNSYLVANIA ) ): SS. COUNTY OF CUMBERLAND ) On this, the rr'day of M cL rc k . 2005, before me, the undersigned officer, personally appeared Kirk E. Jacobs and Linda F. Jacobs known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. A 7f l 99s4u-'?' (seal) Cm;aOF V NOMW ,NPubli?cy • 1177 2 " ?p Auocrdon of Nould u """'?"? L::Ur, i??iV PAGc " COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) On this, the & day of M 0. rW 2005, before me, the undersigned officer, personally appeared Richard L. Mellinger and Sharon E. Mellinger known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (seal) Nw 7N OF Pg Y VAN 17.206 Notarial Seal Amanda L. Fisher= Public My ;.d. Enka Car1Cu . o So county MwnW, Penegbanb Amdatloe 10 Notulaa .??Prr?rr s'TR OF RESIDENCE I hereby certify that the revise r*e,a,l oePnce and o plete post office address Grantees is 298 Qis 17241. of the within In Cumberland County A Maxr14 A3 .2005. Y eds ReeIg for Grantees -?, L g ' BRIEN BARIC & SCHERER 19 WEST SOUTH STREET CARLISLE, PENNSYLVANIA 17013 -, ,lox WS wF 793 e '?1+ MM M ? d W ?Il ? iAA W fV 8 8 yy?? Crr qq 8p II P O ig pp O pp O O O O O EXHIBIT "C" N 00 N O O a a n Li Li -0 .1 I'D L Ll!L i v ?o m c v M w o v ^ o°i ?• c v_ =• 3 3 a a 3 i 1 N 33 O s n to ^ o G W O = O (n O 0 CL LA M '" fn o CA of rt U J a A m 6 O (v 06 a N th !.1 of A T Z n Cnl O N o O A 9 M X N V ? V A r v o d s v o a ? o r n 9 z ?y 7 t- % (> A c 3 Q' fD Si a n c C r? C V i a x d .a fD 0 m 'a G1 M K 3 ,.., l7? EXHIBIT "D" WEST PENNSBORO TOWNSHIP 2150 Nevwille Road, Carlisle, PA 17015-7746 • Phone: (717) 243-8220 • Fax: (717) 2434592 August 13, 2010 Martson Deardorff Williams Otto Gilroy & Faller Ten East High Street Carlisle, Pennsylvania 17013-3015 Attn: Attorney Hubert X. Gilroy Dear Attorney Gilroy, This letter is a follow up to a meeting held on August 12, 2010, at property located at 298 Creek Road, Newviile, PA 17241, within West Pennsboro Township. At your request, we were asked to make a determination as to whether or not a driveway permit could be issued for this property, in its current condition. The existing driveway that accessed this parcel has been partially removed, and a newly constructed wood post and metal wire fence has been placed along the portion of Creek Road (T-427) which used to the driveway entrance to this parcel. At this time, vehicular access has been completely blocked. The West Pennsboro Township Road Superintendant and I reviewed this issue to see if the Township could issue a new driveway permit to allow access to this site. Given the extreme difference in elevation from the road surface to the average gradient of the parcel, and the placement of guide rail along Creek Road that traverses the entire frontage of the parcel, it is our determination that West Pennsboro could not issue a driveway permit due to these serious safety issues. I would suggest that the owner of the property contact a Civil Engineer to determine if an alternate driveway could be constructed, as we see many variables that undermine any safe ingress or egress to this site. The Pennsylvania Turnpike had replaced the bridge at the northeast corner of this parcel, approximately three to five years ago, and the road elevation was changed considerably along the parcel frontage. I would also suggest that the Turnpike Commission be contacted as to any easements that most likely exist along this parcel, which could further hinder the possibility of safe access. Please do not hesitate to contact me if you wish to discuss this matter further with either myself or Road Superintendant Jeffrey Shope at 717-243-8220. Very Truly Yours, /'- /f , , 4 iohn M. Epley West Pennsboro Township Manager Cc: Paul L. Zeigler, Solicitor Jeffrey Shope, Road Superintendant Permit Manager-298 Creek Road VERIFICATION I, Joseph R. Cramer, certify that the foregoing Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent the content of the Complaint is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. osep R. Cramer EXHIBIT "B" S N 2 150 NeNvville Road, Carlisle, PA 17015-774(-) Phone: (717) 243-8220 Fax: (717) 243-1592 y June 28, 2010 Mr. Joseph Cramer 12507 Lakewood Court Fort Myers, FL 33908 RE: HIGH GRASS AT 298 CREEK ROAD, NEWVILLE, PA Dear Mr. Cramer, On June 28, 2010, the West Pennsboro Township Codes Enforcement Officer observed grass on the above referenced property in excess of 12". According to Cumberland County Tax Records you are the recorded owner of this property. The height of the grass constitutes a violation of West Pennsboro Township Ordinance #2008- 09, a copy which is enclosed. Also enclosed is an aerial view of the property as well as a picture of the property at ground level. It is the desire of West Pennsboro Township Officials to seek voluntary compliance of the Township Ordinances rather than seek legal action to compel compliance. However, the Township will not hesitate to take the necessary action under Section 9 of the cited ordinance to compel compliance. A copy of the cited ordinance is enclosed. If you have questions in reference to this issue you may contact me at 717-243-8220 or email me at dshears@wptwp.org. Respectfully, Darrell ShearsM Assistant Zoning/Codes Enforcement Officer c: File- Ordinance Violations Paul L. Zeigler, Township Solicitor Enclosures SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff T i' ~ ~-~ ~ ~ ~ ~ i j ~~1`}. p E~ ~a ~~~p1o pt ~'il~tia~rrrf~~A ~a t i1~ ~~'~~ I ~~~~tJ IY.i's 1 Jody S Smith Chief Deputy ,~~' ~ 4?~ ~~ ~ ~ ~1;~ _ ~ +~~ ~: ~ 5 Richard W Stewart `~ SOl1CltOr QFFiCE ~ '~•~: =r;RIF~ ~~~"~~~O~Ft~E~ ~~~a~F ~ cif ~'._ ; ~ : s :i it ~.t~ ~~ ~" Joseph R. Cramer Case Number vs. Richard L. McNinger (et al.) 2010-6126 SHERIFF'S RETURN OF SERVICE 10/01/2010 04:40 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 30, 2010 at 1640 hours, he served a true copy of the within Complaint and Notice and PlaintifFs Motion for Preliminary Injunction to Avoid immediate Irreparable harm to Property, upon the within named defendant, to wit: Sharon E. Mellinger, by making known unto herself personally, at 255 Creek Road, Newville, Cumberland County, Pennsylvania 17241 its contents and at the same time handing to her personally the said true and correct copy of the same. NOAH CLINE, DEPUTY SHERIFF COST: $38.80 October 01, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF (c) CountySuite Sheriff. T'eleosoft. Inc. 6 ~Pz4zoro JOSEPH R. CRAMER : IN THE COURT OF COMMON P~,EAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. RICHARD L. MELLINGER and NO. /~" ~t~o~-4 CIVIL TERM SHARON E. MELLINGER Defendants, CIVIL ACTION -LAW JURY TRIAL DEMANDED ORDER AND NOW, this ~ ~ day of ~~~, 2010, a hearing is hereby scheduled for oto// • ,3l~ a.m.,. on ~ . ,3 , 26-t$, in courtroom number ___ j__ to hear evidence related to and make a determination on Plaintiff's Motion for Preliminary Injunction. .~ ~r~V ___ ~w r k_ i~,_r~ Lx iy_ ~ _,.-- C~ ` _f C:`~ G:~ C :_ t -? i ~, -x_ .~. , ~ .~> ~~,k Zr ; _ 6 C 1..:-. . ..-- . L.z_ c~i CJ T ~ 1 TT TT !Y ll T TTl T Matthew E. Hamlin, Esquire Sup. Ct. I.D. No. 86142 PERSUN & HEIM, P.C. P.O. Box 659 1700 Bent Creek Boulevard Suite 160 Mechanicsburg, PA 17055-0659 (717) 620 -2440 - Phone (717) 620 -2442 - Fax mehamlin(a,persunheim.com Attorneys for Defendants NOTAR JOSEPH R. CRAMER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA VS. ; NO. 10-6126 RICHARD L. MELLINGER and CIVIL ACTION - LAW SHARON E. MELLINGER, Defendants. DEFENDANTS' ANSWER TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION AND NOW, come Defendants, Richard L. Mellinger and Sharon E. Mellinger (hereinafter referred to, collectively, as "Mellinger"), by and through their attorneys, Persun & Heim, P.C., respectfully file this Answer to Plaintiff s Motion for Preliminary Injunction and in support thereof aver the following: 1. Denied. The averments of this paragraph 1 constitute legal conclusions to which no response is required. To the extent a response is deemed to be required, the averments of this paragraph are denied. 2. Admitted. 3. Admitted. 4. Denied. 5. Denied as stated. It is admitted that Darlene and Travis divorced; however, after reasonable investigation, Mellinger is without knowledge or information sufficient to form a belief as to the accuracy of the remaining averments in this paragraph 5 and therefore, denies the same. 6. After reasonable investigation, Mellinger is without knowledge or information sufficient to form a belief as to the accuracy of the averments contained in this paragraph 6 and therefore, denies the same. 7. Denied as stated. Mellinger erected a fence line on his property on or about July 14, 2010; however plaintiff can construct a driveway and have access to Creek Road directly from plaintiffs property. 8. Denied. The averments of this paragraph 8 constitute legal conclusions to which no response is required. To the extent a response is deemed required, the averments of this paragraph are denied. 9. After reasonable investigation, Mellinger is without knowledge or information sufficient to form a belief as to the accuracy of the averments contained in this paragraph 9 and therefore, denies the same. 10. Denied. 11. Denied. 12. Denied. 2 v WHEREFORE, defendants, Richard L. Mellinger and Sharon E. Mellinger, respectfully request that this Honorable Court enter an Order denying plaintiff's motion in this matter, together with reasonable costs, attorney's fees, and such other further relief this Court deems just and proper. Respectfully submitted, PERSUN & HEIM, P.C. By: M tthew E. Ififilin, Esquire Supreme Court I.D. No. 86142 P.O. Box 659 1700 Bent Creek Boulevard, Suite 160 Mechanicsburg, PA 17055-0659 (717) 620 -2440 - Phone (717) 620 -2442 - Fax Attorneys for Defendants, Richard L. Mellinger and Sharon E. Mellinger Date: October 7, 2010 VERIFICATION Richard L. Mellinger in the within action, certifies that the statements made in the foregoing Defendants' Answer to Plaintiff's Motion for Preliminary Injunction are true and correct to the best of his knowledge, information and belief. He understands that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. By: Richard L. Mellinger Date: October 7, 2010 VERIFICATION Sharon E. Mellinger in the within action, certifies that the statements made in the foregoing Defendants' Answer to Plaintiff's Motion for Preliminary Injunction are true and correct to the best of her knowledge, information and belief. She understands that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. By: Sharon E. Mellinger Date: October 7, 2010 CERTIFICATE OF SERVICE I, MATTHEW E. HAMLIN, ESQUIRE, hereby certify that I am serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Civil Rules of Procedure, by depositing a copy of the same in the United States Mail at Mechanicsburg, Pennsylvania, with first-class postage, prepaid, as follows: Hubert X. Gilroy, Esq. Martson Deardorff Williams Otto Gilroy & Faller Martson Law Offices 10 East High Street Carlisle, PA 17013 PERSUN & HEIM, P.C. By: M hew E. in 'n, Esquire Supreme Court I.D. No. 96142 P.O. Box 659 1700 Bent Creek Boulevard, Suite 160 Mechanicsburg, PA 17055-0659 (717)620-2440- Phone (717) 620 -2442 - Fax Attorneys for Defendants, Richard L. Mellinger and Sharon E. Mellinger Date: October 7, 2010 18834v1 r Matthew E. Hamlin, Esquire Sup. Ct. I.D. No. 86142 PERSUN & HEIM, P.C. P.O. Box 659 1700 Bent Creek Boulevard Suite 160 Mechanicsburg, PA 17055-0659 (717) 620 -2440 - Phone (717) 620 -2442 - Fax mehamlin@persunheim.com Attorneys for Defendants ? 7 ??r1gv? tth •.?i i• ? i JOSEPH R. CRAMER, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, VS. RICHARD L. MELLINGER and SHARON E. MELLINGER, . PENNSYLVANIA NO. 10-6126 : CIVIL ACTION - LAW Defendants NOTICE YOU ARE HEREBY NOTIFIED that you must responsively plead to the within New Matter of the Defendants, pursuant to Pa. R.C.P. 1026, within twenty (20) days after service, or a default judgment may be entered against you. PERSUN & HEIM, P.C. By: M tthew E. HpAlinj Esquire Supreme Cou o. 86142 P.O. Box 659 1700 Bent Creek Boulevard, Suite 160 Mechanicsburg, PA 17055-0659 (717) 620 -2440 - Phone (717) 620 -2442 - Fax Attorneys for Defendants, Richard L. Mellinger and Sharon E. Mellinger Date: October 7, 2010 Matthew E. Hamlin, Esquire Sup. Ct. I.D. No. 86142 PERSUN & HEIM, P.C. P.O. Box 659 1700 Bent Creek Boulevard Suite 160 Mechanicsburg, PA 17055-0659 (717) 620 -2440 - Phone (717) 620 -2442 - Fax mehamlin(a),persunheim. com Attorneys for Defendants JOSEPH R. CRAMER, Plaintiff, VS. RICHARD L. MELLINGER and SHARON E. MELLINGER, Defendants. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6126 . CIVIL ACTION - LAW DEFENDANTS' ANSWER WITH NEW MATTER AND NOW; come defendants, Richard L. Mellinger and Sharon E. Mellinger (hereinafter referred to, collectively, as "Mellinger"), by and through their attorneys, Persun & Heim, P.C., respectfully file this Answer with New Matter to plaintiff's Complaint, dated September 22, 2010 and in support thereof aver the following: After reasonable investigation, Mellinger is without knowledge or information sufficient to form a belief as to the accuracy of the averments contained in this paragraph 1 and therefore, denies the same. 2. Admitted. 3. After reasonable investigation, Mellinger is without knowledge or information sufficient to form a belief as to the accuracy of the averments contained in this paragraph 3 and therefore, denies the same. 4. Admitted. 5. Denied as stated. Mellinger did not own the property at the time it was subdivided. 6. Admitted. 7. Admitted. 8. After reasonable investigation, Mellinger is without knowledge or information sufficient to form a belief as to the accuracy of the averments contained in this paragraph 8 and therefore, denies the same. 9. The averments of this paragraph 9 constitute legal conclusions to which no response is required. To the extent a response is deemed to be required, the averments of this paragraph are denied. 10. The averments of this paragraph 10 constitute legal conclusions to which no response is required. To the extent a response is deemed to be required, the averments of this paragraph are denied. 11. Denied. 12. Denied. 13. Denied. 14. Denied as stated. After the creation of a separate lot under the subdivision, occupants of defendant's lot used a lane over Mellinger's property with the knowledge, permission and consent of Mellinger to access defendant's lot. 2 15. Denied as stated. Defendant has access to his property from Creek Road if he so chooses by constructing a driveway from Creek Road to the lane located on defendant's lot. Mellinger further denies each and any other averment set forth in this paragraph 15. 16. Denied. AS IN FOR AN ANSWER TO CLAIM I OF THE COMPLAINT 17. The answers set forth in paragraphs 1-16 above inclusive are incorporated herein by reference as a fully set forth below. 18. The averments of this paragraph 18 constitute legal conclusions to which no response is required. To the extent a response is deemed to be required, the averments of this paragraph are denied. 19. Denied as stated. Plaintiff's predecessors in title used the lane to access the property with the knowledge, permission and consent of Mellinger for approximately five years prior to commencement of this action. 20. Denied. 21. Denied as stated. The involved subdivision plan did not provide access to plaintiff's property over Mellinger's property since, at the time the subdivision was filed through the current date, the property has direct access to Creek Road. WHEREFORE, defendants, Richard L. Mellinger and Sharon E. Mellinger, respectfully request that this Honorable Court enter judgment in their favor and against plaintiff, Joseph R. Cramer, in this matter, together with reasonable costs, attorney's fees, and such other further relief this Court deems just and proper. 3 AS IN FOR AN ANSWER TO CLAIM 11 OF THE COMPLAINT 22. The answers in paragraphs 1-21 above inclusive are incorporated herein by reference as a fully set forth below. 23. Denied as stated. Plaintiff can access the property by constructing a new driveway connecting the property with Creek Road. 24. After reasonable investigation, Mellinger is without knowledge or information sufficient to form a belief as to the accuracy of the averments contained in this paragraph 24 and therefore, denies the same. 25. Denied. 26. Denied. WHEREFORE, defendants, Richard L. Mellinger and Sharon E. Mellinger, respectfully request that this Honorable Court enter judgment in their favor and against plaintiff, Joseph R. Cramer, in this matter, together with reasonable costs, attorney's fees, and such other further relief this Court deems just and proper. NEW MATTER 27. The Complaint fails to state a cause of action upon which relief can be granted. 28. The parcel designated Lot No. 2 on Exhibit "A" attached to the Complaint was subdivided from a larger parcel owned by D. Frank Mellinger and Ruth Mellinger. The Subdivision Plan, dated May 20, 1983, was recorded in the Cumberland County Recorder of Deeds office on August 8, 1983, book 43, page 150, a copy of which is attached to the Complaint as Exhibit "A". 29. Mellinger purchased the farm property designated as Lot 1 on the Subdivision Plan from D. Frank Mellinger and Ruth Mellinger on or about May 1, 1989. 4 30. Upon the filing of the Subdivision Plan, Lot No. 1 subsequently owned by Mellinger and Lot No. 2 purportedly owned by plaintiff were created. 31. Prior to and at the time of the severance of title in 1983 to the said lots, the use that plaintiff alleges gives rise to the claimed easement by implication did not exist and, as such was not open and obvious so as to be deemed permanent. 32. That at the time of the subdivision and with the conveyance of Lot No. 1 to Mellinger, it was not the intention of the parties through the subdivision and said conveyance to grant an easement by implication for the benefit of Lot No. 2. 33. During the period of 1983 through 1998, D. Frank Mellinger and up until her death in 1983, Ruth Mellinger, resided in the residence located on Lot 2 designated in the Subdivision Plan which plaintiff claims is his property. 34. Following the death of D. Frank Mellinger in 1998, on or about April 30, 1998, Mellinger and Linda F. Jacobs and Kirk E. Jacobs, sister and brother-in-law of defendant, Richard L. Mellinger (hereinafter, collectively, "Jacobs"), purchased Lot No. 2. 35. During the period of April 30, 1998 until approximately one month before the property was conveyed to Travis L. Mellinger and Darlene F. Mellinger by deed, dated March 30, 2005, Lot No. 2 was leased by Mellinger and Jacobs to third party tenants. 36. The use of the lane over Mellinger's property was with the knowledge, permission and consent of Mellinger by D. Frank Mellinger and Ruth Mellinger, several tenants who leased the property during the period of 1998 through 2005 and from 2005 to 2010 until plaintiff purportedly took title to Lot No. 2. 37. The use of the involved lane was not adverse to Mellinger's interest in Lot No. 1. 38. Until plaintiff purportedly took title to Lot No. 2, the involved lane was used with the permission of Mellinger. 39. That the easements sought by plaintiff are not necessary since there is access available from Lot No. 2 to Creek Road. 40. Mellinger's property over which plaintiff seeks easement rights is subject to an agricultural conservation easement and, as such, the relief requested by plaintiff in this action cannot be granted. 41. Since Mellinger's property is subject to an agricultural conservation easement, plaintiff failed to name as necessary parties, Commonwealth of Pennsylvania and Cumberland County, Pennsylvania, the holders of that beneficial easement. WHEREFORE, defendants, Richard L. Mellinger and Sharon E. Mellinger, respectfully request that this Honorable Court enter a judgment in their favor and against plaintiff, Joseph R. Cramer, in this matter, together with reasonable costs, attorney's fees, and such other further relief this Court deems just and proper. Respectfully submitted, PERSUN & HEIM, P.C. By: ?Y? xu," aN,fatthew E. Adrilin, Esquire Supreme Court I.D. No. 86142 P.O. Box 659 1700 Bent Creek Boulevard, Suite 160 Mechanicsburg, PA 17055-0659 (717)620-2440- Phone (717) 620 -2442 - Fax Attorneys for Defendants, Richard L. Mellinger and Sharon E. Mellinger Date: October 7, 2010 6 VERIFICATION Richard L. Mellinger in the within action, certifies that the statements made in the foregoing Answer with New Matter of Defendants, Richard L. Mellinger and Sharon E. Mellinger, are true and correct to the best of his knowledge, information and belief. He understands that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. By: Richard L. Mellinger Date: October 7, 2010 VERIFICATION Sharon E. Mellinger in the within action, certifies that the statements made in the foregoing Answer with New Matter of Defendants, Richard L. Mellinger and Sharon E. Mellinger, are true and correct to the best of her knowledge, information and belief. She understands that any false statements herein are made subject to penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. By: ?' Sharon E. Mellinger Date: October 7, 2010 CERTIFICATE OF SgRVICE I, MATTHEW E. HAMLIN, ESQUIRE, hereby certify that I am serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Civil Rules of Procedure, by depositing a copy of the same in the United States Mail at Mechanicsburg, Pennsylvania, with first-class postage, prepaid, as follows: Hubert X. Gilroy, Esq. Martson Deardorff Williams Otto Gilroy & Faller Martson Law Offices 10 East High Street Carlisle, PA 17013 PERSUN & HEIM, P.C. By: 4 Ma thew E. H life n?uire Supreme Court I.D. No. 86142 P.O. Box 659 1700 Bent Creek Boulevard, Suite 160 Mechanicsburg, PA 17055-0659 (717)' 620 -2440 - Phone (717) 620 -2442 - Fax Attorneys for Defendants, Richard L. Mellinger and Sharon E. Mellinger Date: October 7, 2010 188320 r ~I~~t7-~~~~lr~ F:\FILES\Clienp\13949 Cramer\13949.1.reaponac to new matter ('; "- ~' ~~ ~: ~Y ~ f'1 j r.~ (} ~j ~ry F ~` ~ `, Hubert X. Gilroy, Esquire ~~ ~ ~ OCT' ~ 7 P~ ~' I.D. No. 29943 ~UMBERLA~~t ~;~I~J~ ~ `~' R. Christopher V anLandingham, Esquire ~ ~ ~ ~¢ g y L~,~ ~y ~ ~ LD. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOSEPH R. CRAMER IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. . RICHARD L. MELLINGER and N0.2010-6126 CIVIL TERM SHARON E. MELLINGER Defendants, CIVIL ACTION -LAW JURY TRIAL DEMANDED PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER AND NOW, comes the Plaintiff, Joseph R. Cramer, by and through his attorneys MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and answers Defendants' New Matter, averring as follows: 27. Denied. 28. Admitted. 29. Admitted. 30. Admitted. 31. Denied. After reasonable investigation, Plaintiff is without sufficient knowledge or information to form a belief and therefore denies. 32. Denied. After reasonable investigation, Plaintiff is without sufficient knowledge or information to form a belief and therefore denies. 33. Denied. After reasonable investigation, Plaintiff is without sufficient knowledge or information to form a belief and therefore denies. 34. Admitted. 35. Denied. After reasonable investigation, Plaintiff is without sufficient knowledge or information to form a belief and therefore denies. 36. Denied. After reasonable investigation, Plaintiff is without sufficient knowledge or information to form a belief and therefore denies. 37. Denied. After reasonable investigation, Plaintiff is without sufficient knowledge or information to form a belief and therefore denies. 38. Denied. After reasonable investigation, Plaintiff is without sufficient knowledge or information to form a belief and therefore denies. 39. Denied. On the contrary, there is no access from Lot 2 to Creek Road except over the easement area sought by the Plaintiff because of restrictions that would be imposed by West Pennsboro Township relative to access, safety reasons in connection with a roadway that is immediately adjacent to an interstate highway and the impracticality of employing an access different than the easement area proposed by Plaintiff. 40. Denied. After reasonable investigation, Plaintiff is without sufficient knowledge or information to form a belief and therefore denies. 41. The averments of this paragraph constitute conclusions of law to which no response is required. WHEREFORE, Plaintiff requests this Court grant Plaintiff easements by implication and by necessity. Date: October~~, 2010 Respectfully submitted, MARTSON LAW OFFICES ~/ N By: Hubert ilroy, Esquire I.D. No. 29943 R. Christopher VanLandingham, Esquire I.D. No. 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff I, Joseph R, Cramer, certify that the foregoing Answer to New Matter is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of this document is that of counsel and not my own. I have read the document and to the extent the Complaint is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, infon~nation and belief. To the extent the content of the Complaint is that of counsel, l have reliod upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities, which provides that if I knowingly make false averments, I may be subject to criminal penalties. seph Cramer ~ FAFQ,ES\Clients\13949 Cramer\13949. I.OrderCorrected ILi? r r. F 6 n r+'!? i tit •. n; Hubert X. Gilroy, Esquire 'X 0011 JAN I 1 PM 2: 15 I.D. No. 29943 R. Christopher VanLandin am, Esquire "UMBERLAI'.`D ['O`BINIT'm' I.D. No. 307424 PENNS ` LVAHM MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOSEPH R. CRAMER Plaintiff, V. RICHARD L. MELLINGER and SHARON E. MELLINGER Defendants, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010-6126 CIVIL TERM : CIVIL ACTION - LAW : JURY TRIAL DEMANDED ORDER AND NOW this __10"day of January, 2011, counsel for the Plaintiff in the above matter having advised the Court that the Plaintiff desires to withdraw his request for a Preliminary Injunction at this point and it being related to the Court that counsel for the Defendants has no objection to this request, the Motion for a Preliminary Injunction filed by the Plaintiff is deemed to be withdrawn and the hearing scheduled on Monday, January 3, 2010, is cancelled. cc: 'Hubert X. Gilroy, Esquire J /Matthew E. Hamlin, Esquire AP ?pll iPs M u C '11411 BY THE COURT, F T ip ILEQ-OFF1C~ FAClients113949Cramer\13949.1. motl.joindermpd t0 7u1 r114 0 TAR Y Hubert X. Gilroy, Esquire , AU C 24 I.D. No. 29943 CUN8 p? © R. Christopher VanLandingham, Esquire AJRLAND I.D. No. 307424 PA S YLYq ki/A Y MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOSEPH R. CRAMER IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. SHARON E. MELLINGER NO. 10-6126 CIVIL TERM Defendant, CIVIL ACTION - LAW JURY TRIAL DEMANDED CONSENT TO JOIN ADDITIONAL DEFENDANTS AND NOW comes Plaintiff Joseph R. Cramer (herein referred to as "Plaintiff') by and through his attorneys MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER and Defendant Sharon E. Mellinger ("Defendant") by and through her attorneys PERSUN & HEIM, P.C. and jointly file this Consent to Join Additional Defendants as follows: 1. Plaintiff and Defendant (herein collectively referred to as the "Parties") have reached an agreement for settlement of the above captioned action. 2. The action involves a dispute regarding easement rights over real property located on Creek Road in Newville, Cumberland County, Pennsylvania owned by Defendants (herein referred to as the "Property"). 3. The Parties are willing to settle the case whereby upon payment of consideration and other terms and conditions outlined in a settlement agreement, Defendant will grant an easement over a small stretch of the Property to Plaintiff so that Plaintiff and his successors and assigns may access certain real property owned by him. 4. The Property is subject to an agricultural conservation easement, attached hereto and incorporated herein as Exhibit "A," in favor of the Commonwealth of Pennsylvania and the County of Cumberland jointly. 5. Therefore, the Parties wish to join the Commonwealth of Pennsylvania and County of Cumberland as an additional defendants so that the Parties may petition this Court for approval of their settlement agreement. WHEREFORE, the Parties request this Court grant approval to join the Commonwealth of Pennsylvania and the County of Cumberland as an additional defendants. Dated: V Dated: d4ijvs/- / 2011 Respectfully submitted, MARTSON LAW OFFICES By: av- &"9 Hubert X Gilroy, squire I.D. No. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff PERSUN & HEIM, P.C. By:rtc,u ':?. Matthew E. Hamlin, Esquire I.D. No. 86142 P.O. Box 659 1700 Bent Creek Blvd. Suite 160 Mechanicsburg, PA 17055-0659 (717) 620-2440 Attorneys for Defendants EXHIBIT "A" C"/ / H%bo f Dlal ' (S/pi) Ono Or aaaCDL' W" causa aAm faifl?r Ta Tm camm aifi wn Or pa10mm a Am a O=wr JOnmT = rxorn m T"m now this day o?If..d RaL it cmumman= bLL" betam a (. o"Qe= bee") 99M to In Joint peaal»?evaaia (heeaimotbar ?valy areas laomeitl) Low ((I.L. Biases ?P 43) ss m= "mot") to .ado Oranaot to the Act. raw, Osantor to the sole amm of Belli that certain lead situate im 1Mt astioalarly Oisoeibs a R T fsaaaylvaa?a mere "7?" a ?asl?ai 1?ssrto-aoasiabiay o! acres and all bulldiags mad laosovaaast. ereatedthe subject Lamr) I = WOMMi the Stake a4sioultmral Load lhresssvatica Scam ham datesLaed to Fmcb asa as awcal aeai aoasssvatiaa easement is the sabjoet land pmramot to the hat/ AM NN1RW, the agriaulh+e t Lead psesesvatica Board of Coamtr, ieammrlvaaia bas dmtaealaod to Cora is am ay asltasai oosservatios easement in the .object leas parsesatt to the eat: AND mC , an bolaasa of liess or otbes easumbreaoea u the subject land have agreed to release or subordinate their iataswta in the subject Land to this Dail of ageicuiturat Coaiosvation Seaway and to refrsis troy any aatiaa iaccanisteat with. its perposel on T1 , in caasideratien of the Sao of dollars, the rsoeioot and suffiatemay of whieb is here aelematledgd, <aeaatow doss vaiaaly grmmt? basyais and sell, and convey to the Commmnaaltb of r mw1vemin o 9?.7f pesoeat ioiab osass mad the Canty of peaasyivaaia as joist owner, MAC Waoemenre ads , (b iiemltee "batees") am Osaateee voiua? aoaspt, an mgeiceltarsl conservation eassanst in fallout tares and oonditioust Lod, gnaw Ow jest to the mot and the 20 -4-,A Ant, • Dasifp the tree of the agriaultmal 1. coaserva iom easement aonered bsrsia? the subject lead shall be used solely for the pa+oduntiaa toe oonmereial o! and IS 8, mamm xog"Iing or rot*" marketing a amb cropm? livestock livestock products if move Ow tatty peacamt of suob processed as mt:abmmaisd ?redunts use produced an the subject land (hereinafter agricaltuni psoda Waco). For puspose of this good, "crops, livestock and livestock am 481 = 4a 10/19=10 10:24:20 AAA CUMBERLAND COUNTY had.* 199504800 - Pape 1 of 10 psoduots" include, but ate not limited to% (m) Held age", lmohring Gump wbMbr oats, ryes bat1sr. bar. tome and dry b""O {b) llui .0. inolvdin! applset peaafwr 4Ypeer dosriY and burst"/ (o) Vsgetablse, leg tamabeM, soap beano, bag aasseb, beeb, eels" ama mssbaeasml ? (A? 9oetiouikusal rgeelaitlM, ieolual?N auraasp stook osmamw?tal sbsube, amammawtml =.air llwesa (e) - uveebaale and 11"embods proiwle, laoludi%.ltle, a6e.p. 1?. raw, boas", wiLc, eN "s trey( Umber, read. Wd othee wood peoduete dssly" Eram l9) aynatio plamte aed animate ad their byproduste. sieoept Y permitb" is th%==, es aeates near me agents, balsa, =00=40= wecenown and assigns, mss ay ps. eesgosatisa or otbes smtity olaimimg title umdss os aseagtee, os their seat otb?tb s?modownweal psoiuskio:. an the 21 she oometswssae or use ON SW o? eawo ear= as the subleet land etMe tb w M as tM to as tbM wer of tbia bead L psebibL , ausspt than (s) sbe woo" at fsmeee•for agricultural paaduotiae and peetestiem of ambamcpusw suck ss lab", streams, spsings.amd resssyoise is permitted. (b) construction at additional 'swidmptiml (i) she construction sad use of the reeidemti" str"twe !e limited tb fao?idiwe bemsw w eubinot od a "p'4'iar =?iell`?mlo bo le, (ii) iwa otbW reeidNtial etseee" - has bees aa"tseebed as the ssetsieted land at Mar time Siaee the dsliverr of the oeed, (iii) she residential atsuotwe and its of 9ilea/n md than two aatem (iv) she localiew of the residential strustuse ana its dsi will mat sigwifseaatlr berm the eonaft riabilltr of the subieat land for agriawlturai production. (o) tmtwe for av??? amr bmsl other ptodaatias oe, In p srmltted. Boar 46 09 433 10/19/2010 10:24:20 AM CUMBEM AND COUNTY If"" 1996000 - Page 2 of 10 (d) an ?be these teslaoled Land dati tmatuce ng'? of the easement is permitted. 3. Tbe subj?w* Ind MT be subdivided is SUMIL o •t lend San agsieellbWal? z= t ose??sot in" is subdivided, the Deeds to all es tM seadividd pareels man state an waist of the sebAvidea paseels the ss.samtsal atsc•bwe permitted by We 08ed mar be coaatseoted. geed/ to all otter peffeals, do -recite that Be Wesel. residential A , M A I ire 4. amum - Tae Wresting of ridht•-otw•r ar the 0•••en?tpoee, • iss0?o?•e•e•to. , ?, en•wposs aaa satih'vl•ta title ?tMei? iw or tae sebinot land 9006 the o! us" for Water, soft", elm% "*; -O ML by mining methods, yes, oil or oil pee4 1 is MINIMA. Tae tes• - sting of si_dat•-et-May" ""lodes the atom to construct or iwttsuatlam of utility limes other ! Hof the tme stated Lm this pasapra-I is peabibited oa the eabjeat land. ?•. S. lua"a -sae greeting of lames, assignments ar other oeaverane•s or the Lowel" et pommites. lioem•es etr?olIMs as Baum 61mr am 904 dow re' ?0 1 of coal by uniee¢oent nlnlmg oil and gas by the owner of the oe"eet lead as the amer of the underlying heal bw g- makh9ft, oil and gas or the owner of the r is to aeve ip M" eadesyrouad all ad on or the Aerelopmmat of appeetmeat facilities seLtsd to the removal, of oesl by Off aott?inoid-- t r OLI OW or or rvmevel o development tof saob Mixers" is permitted. 0. L- Q s'angy past-time ee off-season minor ar sesaz ense?epei•e• WE a•tivltia• Unkiea an p•a?idad for in the Ooamtr celtessi sasamsat !•seaa•s prove" approved by tan stn Bond are peraitt"* 7. - All agsiculbWal VZOOSSUGM; om the 200340% LOM SMU be conduct" in accordance with a Bombe vatiom pl I •ppI- M by tae Leantr am•esvatica ol•triet OR thO OMMkF 200194. seek plea AM be updabad even too you mod Saw In the basic s seat laandd.rAl?adeitiea "I• Wp? am" sttabkhe ushed by the Couctr Coasesvation District ar the Camay worn the conservation plea shall messe thats cis TM use of the lead for growing sea, aarserr stows orammeat" trees, and shrubs does not remove us Va as X34 0119=0 1&.24:20 AM CUMBERLAND (.OLWrY irnt d IN5D4=- Pops 3 of 10 ewmadve wit from the subject laid, and (ii) 4!w aroiratiao of MAL, said, gso1?el, atone or : hm estesials for sae in agrieaitsrml pscAsotion the land is aeniseted in a loeaties and maaiwr that pwowwvw the VidAutf of the smset IN A for agriosltaral prod Ou". ipeoi i?oaa? o a no sae awp ae other rsspamsibilicy on bee snmabooeis?ssss*ssoss or aseigos. aeantor obeli Oanbians to 6 solaw rrmp"Sude tow pa of all tarp aM assasrnants levied against the Set lead and all araotnd tbmemoa. Grantee eontiare to to s See tile mslatamaeoe ate aN nledpw of aeanie14W haps esh-wd t-2-issew notice of OR "air"" wpte stared as or miss t5e t land. erantmefs onewebw am Ladioa be swwamdse aq ooaterred by the sgriaoitur" o0ssmevati0n aasasmnb not be dassmd be be eanagpaat or ematsol of aetivities on the wAdeft lot 1988 (p 916. 7Ji, 1b? 10•?j0 thnaat the Aak of w an the aaaardms sites Clsarap.;a. dsaater, bis heirs, eauostors adniniatratess. apoass. er ogees to hel? hmlase, tndewity and delend swuntow, owls soeemmm or assigns ftem and against all liabilities 04 anpwas satea p tsms or is aor wag oameokM with an ataiae, asom. leaeass, costs as lwos violet An M State or aawiroananbd atatate oe wagnlatie iwaindtep. hat net limited to, statabes am welrlatiome oensaweing bbs storage oar disposal of hazard boo or, too" ahmsisels air materials. aaaaalig ?raalame, tbmis eaaepaars, "give er slow* dull Mars the t be mater the ao$mot lead for the peas 09 iaepaa dw to dabnoine whether the poevisionm ON thie Dead ass b. Chew" d. tfrittwo notion of sssA --I inepaeI &- -- . be piled to the ermabow, bis beiss, dnaestals, ameameamre os at least tea daps win; to wsb . The aasaal aspselian shall be oemdW" bMwsn haoss of a a.m. mad S m. an a weshift that is not s legal o MOLMMA by the commo srO da and agrssablm to kisaall onaky ad ? the laandosneieat a tm IM 4W NI9 433 IOIIWIO10 10 4:20 AM CUMBERLAND COUNTY Ind.S 199504800 • Pop 4 of 10 Greaten. their successors, ite car aesigaeas shoo also have the right to ioepoot thesuie! land ak afY time, arlthieve at!io? notice, 1! Gssapen Saw reobem or beleoaY3e gaerebesaseitagto the pacovisiaat o! thta Dud bevs violated. aataoviedgnG--I the! attr violative of the ah:sessigasw eataethis Grantor seoaee Dad abali . eatithra nees, . hair sesa a courtgpt obtain iajoK t WOWlr twi ? from sa MaOl11 at sees" to re the" smods" at sees" to == ttheese{ijsst lasi?? comaklow to or it deielw ? i?aslaaHap seososatte -ba eaittosnarto on roan. deft relief any be aoagbt ifiatlr, severalir, or liiieaea fses Z ?i?Defi?aheii be sfeream! smeoiag with the land and abed be? ppessspN?toel In dussu 1. "very prarisim of this Dotd appaiearse to aa:ator Shea "PLY to Grantoe•s heist, executors, sda4nlatraloea saaaefoee?aeereaes A an atei?o?laini=I ltt3e tlaal r. oww sastord" 11. cpumx? ee Tr?e? !!r LuA - Graabwo bin beirs, saoeeesaes, a?inieQaeaa:e wasraaass m Moigns, and ear @maaw* partatasstip, as athee cants olaiwitt p title miles oe tbrapt • aabaLl atolify tharawbes iw writing of or transLes OR oaniatip of the aebiesl?aotifisatlem shall sek forth the mane, address mad belephe a number of the Gtrawtm atw! the party or pertios to whom easesshi oz the sebjest appl dtn in dowmtip of the m"Sa lilasdt. shell The restrictions sofa rertt is this Deed atoll be ifoloded is any Dood pu:postiat to oonney or traaslw m ow =nbip interest in the su"eet land. 12. >rery paeviaicw of this Dated applicable to Gras -sii3l apply to ftswtw• bsLrs, essoutaoaegs, _ pwhmhip, s, suoowsaes, otossiltee gas, ea odo sma laistaas titpss3,e =diet ore fe t! - shin Dad aball be intesproW under, thxvugb greater. the sown t.e comomwaiai at f.na.ylrenla. roe ppuussppoosseesa of inte:peetetion, no per" to this Dad stall be considered to be the drafter of the be". AU paerisioae of this Deed orm intended, and shall be interpreted, to effutoate the now W rat 938 10111h MO 1&.24:20 AM CUMBERLAND COUNTY .-N IrwLS 199804800 - Pepe 5 of 10 intent of the General Assembly of the Coaeaawoaltb of • lensaflwania as expressed is section 2 of the, Act. To have and to hold this Dead of Agricultural Cousew"ticn Resonant uste the Aceatesa, their successors and &solve is p b• Ale the Grantor, Saw blim"S, us heirs, ancestors, fdaisiaaeaI * asooessoes cad asaigas deer wasrast the sWOOltaral oonsastation easowsst hereby Ut I I?, the uadesti}nd howls duly executed this Deed an the day first written abors. CieAlll?OR , Nit11Na1 . ?_? Issall Isea1) , Isea11 10/1912010 10:MO AM NO 4W /fit 437' C COUNTY Install 1996W8W. Pape Q of 10 V Coco" 09 1.10 88% SAM rr us •40 st 438 too 1 00 cum II t f- ji,. . as,? and ;;i:sA o , `eta ?." oo $06% seM3 aiaa• aaaa sea 4N119t o 10:Z;?2d a7oReT I or ALL *Am oartwa two tra I of load dWoOd In Wiwi hambao Towmhlp, Cuwbs*W CouaMs f w=Vkmi dweid a WAWd L 110 8wt and 9aroe F. 1 r40wr and food" a the Ciaabwdwad Cow1M AMw4tae of Dawdw Ofllow at 5aok 3% Vbtow X. PW Ml +, owe *ft dswmmwd m fd m TMCT NiO. It 5MM5at4 at a mloo Crwk flowil new of bni near or iammly or Tables We* dunes by to aaa Nnih 671#2 1 s0ewee *fM 11.5 pore 1 is the arswb dreraw dews uM wawk Nndt 34 dw as rstt 5.65 7wahm d was Norsk 34 112 dooraee lnt 13 pwrdawl t wm Nwdt 21 dsNaoa flat 14 psadewwf dmao North 4 dagn -bet 44 pnahwwl theme Nees) 2 dlwNawe tort 20.4 Pwd ww a lewt pdW om crada 91 4wreee by hw4i now or IN i I- N 5 5o H. My, 4nrtlt 55114 dspw 5wwt 63.4 poa>f4awa owA a Cmk Ilsadt Umewo by wane aN Tnm Ne. 2.4aah 34114 to ss corasrr d OW now er fammly st Semisl A? ? byte newwMM N 114 dwsraww WON 4" 1 1 IS • abnq tf4 - I m by leepe raw or farn4orly of Tobin VhK Nw* =1/4 depme Wbwt 61.4 pw A town Nan 1110a redq thane by the more Nash 61 1141 dWom Wea O1.i pwa-1 tw sa Neu pa sago om* -- d4plooo at CO AII U asi od 444 o W - more men or Nair. 6fE5411pr11V6R the Ao1owI s trot N lowd desid by ewfs M. owighomw to the Psew4wyI IN UvR Oa Cwrwdwtloo by dad daml i w 1 20, 1541, am raowdwd at Seek 12, vbNwa.4.! adw iOt aravwabwdwN caoatyRoeoodNOw.de Ofroo oorNMtMtr N tAo'orMrq OswwlbN tnat N head wlMestwd In tipper FM nkford and tffswt Patod wee TwArAA*t, Csnbnbd County, Fe --d% boon" and deeoribW so kin 5l6pMllrtO Mt a peat a t14w awutoc Rno N the has nlR'f Wr4 um at stwao 770+OM In *a of load am or imumly of 4sw4w If. ft, vao post lo s1w4 h 35 d ge gwkmdwodm41Ofa4amaarkmfeomopmpwMwnnnwemnwnado Mmft mew ae lbmmly N Qm w K f#1r sat ~ loado flow ar lwlawrly N Drill M. 4borM st ta4ra? IMM der4aww 5 mkm rwtb115.5, mw a or ma, to as bm pin in in of kiwis of ww fled. N MW AL am m I IN N Snow AL Swam" 14 0a by wwar wad ark I m p A wad 100 ilea dbtwnse Meat mw raw slow ago 47 ftoPa ? W a Nd4M4Mw 37 aibw4?w ?MwR 1107.7 fast, nan or lone knowly N Amon ft M* " of lords mw Seuft thwt4, by FYI` td? , 2a7 ft" 3M.4 few, flare or but, a a pNnt a ft bw al ~ Imdw new or iaa4wlr N M d M. G@oM% lbrnmlr 4nla M. 64e14w11 wr, mad a croft the ooatwr Ow at the Pbm4syMnisTUn4Nl4e. slotlwa 7Z4+33.34t thwna byda as N othwe bv4dw N 4g4d on 4W Aw 438 14Y19f2010 10:2420 AM CUMBERLAND COUMY lad.d 199604800 - Page 8 of 10 "m *4 attar pea of tIN'aanslrNads Tun*M , NaAb i7dagnss 47 wAwM@ 1MR 9M fast; a nn o MM. im s oolnt la bads raw o fasmtstiy d 8wrga lL *W dwt I by asma Sosdt U dsgwM l Hdmdw RM 114.1 fW% msw er.M" 19 a P" dw pim at 14MN1IINO. CONMIBMN 4.74 son% mm or bw iogaltmr vm as smsatwtt at mob addldond MM I ft otadds dM don ;mwo ? area N as raeaasry for dtseawi dtmttges oooeipl b? a aas d.13 Mora, awd or bw. TRA" NO. 21 mmp0 at s point M ss ewMltaly end" F4wAwtssfa Twapwr Mfd poke babtg Mssim 'a dMWM d 42S.S faint asst d do oNOMM Of CM* Read] thmnms aWy acid aen4lmtf? 8rs d /M PmtwflwAls'flsrtp0tsr Nsrrs N dagrtem4 43 m1sa1M. 22 wooado INM 1.NS.72 faM M a clod PW4 draw slag bads now or ftmAdy of loyd L and Setbft tlMswy, Satdt 44 dspnM.40 niuM?, 30amsettds VWst 1.401.72 bat m • sad pMf dwma dmsg alw ImMs of 0. Fm* 11 0ttgw. Nartb 94 dm0 -, 17 mA A - of aaoatdm West l.sd JW tm m IM POW of e aiN. CoWAMM 2L7B2 matm um novas tla Nllswbmsg dwaa ium d Mndt i. ALL dw omratr vin d Mnd. bdttg Lat NmL d on SubdMd@m PMm Rao , ' ' in PMn look 4,. f ads l M, whleb a P=* 1litgw wd Rttdt U. I - g qst. by dead dead AugaM 29. UM mw" In Om*NWW Ca" Rmatdw of 0asi ONea at Book 30, Vim use w ft es 4490 rsa sad aawmp/i 1s l__d 1.. W*4w and Slwon7. hMNOW and daMtNnd a loss ' NlWB at • pdw bt dw om Mwa#Town ft Rand 417 aba "mama n Cm* pond. an do soudwn as of Pewavkwb TWOPI f lhana by do aatar of am Towt+do Road 427, Booth 24 dmgwms 4 album 14 sam ds won 214.M Nat m s po" ttNtos WON ssnte. $sulk M dsgwms M mMttlM 2S asami ~ 144.72 hat to a pobtlf dwm by Ow Masts on • ataw is do Mt hwbtg s sm" of 921.74 144 n*uw 4111 saoatdsd Vast tMM f in psft tlda by die meat as s owve to the MgM hm h g a rafts d M1.i11ra4 w m dMtass of 209M fast is a pshm lhatss by dw awm Sash i7 dos 1S nOw 1 atoms/ Want 1"fm u a polO dtstas by Mad asw of fWNWIV d J*A R Shndt $BUM 11 dmgwmm is ndtw m 1 Mmaad VYrmt g4.22 fast r a btst pbq dtsaea by *a nw^ Nadi 47 sW e X =71fast le the QissdogMsst Cnshi do= dwm tdd omdk Nash 3S dagwss 44 ndtsMN K ssassds Sat 17SJN fast W s pdo dwaa by the aaau. Nudt 28 d v-t N mbwm 40 aamssds Ntit M0.11 bale a p** dw ms by tM mm% Nardi 12 dsgwms M tmWAw M smumb So 30M bat to a point oa the m-' dde ddn l+rtusybsasTwro td+mams by tlts aaNwn abM of Mid Mnd, Nmnh N *060 43 MM Mss M Meads IM 411.41 hat is thin plans of sOMMO 0. CONTAO M SJ4M Mama. 8= 40 on 40 1011912010 10.24.20 AM CUMBERLAND COUNTY 1 InsL* 199504800 - Pass 9 of 10 L ALL flat eartaln bast of MW whhh 0. Plratk Msa a - std Qulh ML MaOnear by dead doled ^*W 2.1078 and neared b *M*WI red Cow tr Dad gook 24. VWWM K Pala 41% panMd and oenwyM>• fonds P. 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A ?h PI .V 43 P, r' ICY . ? e, :v g?. ;Ca •? ? ?? iii N r fmf 4W 'm 441 10/1&MiO 10:24:20 NM CUMBERLAND COUNTY Inst r 199W4M - Page 10 of 10 r.?a as • 'hlty d t: P ? lA ?? iw ? warrdigaf 0aale FAClients113949 Cramer\ 13949.1.stipulation.wpd FILED-OFFICE OF THE PROTHONOTARY 2011 AUG 24 PM 3: 29 Hubert X. Gilroy, Esquire CUMBERLAND COUNTY I.D. No. 29943 PENNSYLVANIA R. Christopher VanLandingham, Esquire I.D. No. 307424 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOSEPH R. CRAMER Plaintiff, V, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD L. MELLINGER and SHARON E. MELLINGER Defendants, NO. 10-6126 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED STIPULATION TO AMEND CAPTION AND NOW comes Plaintiff Joseph R. Cramer (herein referred to as "Plaintiff") by and through his attorneys MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER and Defendant Sharon E. Mellinger ("Defendant') by and through her attorneys PERSUN & HEIM, P.C. and jointly file this stipulation as follows: 1. Defendant Richard L. Mellinger is now deceased. 2. The Parties stipulate that the caption should be changed to remove Richard L. Mellinger. 3. The sole remaining defendant shall be Sharon E. Mellinger. WHEREFORE, the Parties stipulate that the caption should be amended to remove Richard L. Mellinger, deceased, as a Defendant, and request this Court issue an Order ordering J said caption be amended. Dated: 3 -)3-4f Dated: 4V90s #4 ZD // Respectfully submitted, MARTSON LAW OFFICES By: A?-4 Hubert X G' roy, Esquire I.D. No. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff PERSUN & HEIM, P.C. By: No-niL 24t!-ti M tthew E. Hamlin, Esquire I.D. No. 86142 P.O. Box 659 1700 Bent Creek Blvd. Suite 160 Mechanicsburg, PA 17055-0659 (717) 620-2440 Attorneys for Defendants 5 JOSEPH R. CRAMER Plaintiff, V. SHARON E. MELLINGER Defendant, V. THE COMMONWEALTH OF PENNSYLVANIA and THE COUNTY OF CUMBERLAND PENNSYLVANIA Additional Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6126 CIVIL TERM CIVIL ACTION - LAW : JURY TRIAL DEMANDED c ^`'• _?. u U ' co -v C 71 C_ r?s rte .: r1 RULE TO SHOW CAUSE AND NOW, this )tl? day of 12 1 , 2012, a Rule is hereby issued upon the Commonwealth of Pennsylvania and the Coun rof Cumberland to show cause, within 20 days of the date of service of this Rule, why settlement in the above-captioned matter should not be approved upon the terms outlined within the Petition for a Rule to Show Cause and a permanent easement declared in favor of Plaintiff as outlined in the survey attached to the Petition as Exhibit "C." BY THE COURT: J. Distribution: ?Matthew E. Hamlin, Esquire Y Hubert X. Gilroy, Esquire Persun & Heim, P.C Martson Law Offices 1700 Bent Creek Boulevard, Suite 160 10 East High Street Mechanicsburg, PA 17050 Carlisle, PA 17013 Attorneys for Defendant Sharon E. Mellinger Attorneys for Plaintiff ?Robert G. Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, PA 17013 Attorneys for County of Cumberland '(.Op1?s w?? . (P? Sf ??/ F.WILES\Clients\13949 Cramer\13949. Lpet2.wpd I/Dwight-Jared Smith, Esquire Pennsylvania Department of Agriculture Governor's Office of General Counsel 2301 North Cameron Street Harrisburg, PA 17110-9408 Attorney for the Commonwealth of Pennsylvania FAMES\Clients\13949 Cramer\13949. I. mot. rule abosolute.wpd r Hubert X. Gilroy, Esquire ?? c' " I.D. No. 29943 G7 ? R. Christopher VanLandingham, Esquire <=' ? rn r I.D. No. 307424 -, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER = =? MARTSON LAW OFFICES ra 10 East High Street r•, Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JOSEPH R. CRAMER IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANI A V. SHARON E. MELLINGER NO. 10-6126 CIVIL TER M Defendant, CIVIL ACTION - LAW JURY TRIAL DEMANDED V. THE COMMONWEALTH OF PENNSYLVANIA and THE : COUNTY OF CUMBERLAND PENNSYLVANIA Additional Defendants PLAINTIFF'S MOTION FOR RULE ABSOLUTE AND NOW, comes Plaintiff Joseph R. Cramer ("Plaintiff'), by and through his attorr MARTSON LAW OFFICES and moves as follows: 1. Plaintiff Joseph R. Cramer is the owner of a parcel of land and house located at Creek Road, Newville, Cumberland County, Pennsylvania 17241 (herein referred to as "Property"). 2. The Property was subdivided from Defendant's Land by Recorded Subdivision I dated May 20, 1983, and recorded in the Cumberland County Recorder of Deeds Office August 8, 1983, in Book 43, Page 150. 3. Plaintiff took ownership of the Property through a foreclosure action and subsequ sheriff sale. 4. Plaintiff contends that the only way to access the Property is through Defendait's land, and commenced this action for an easement to do so. 5. Plaintiff and Defendant have agreed to settle the matter upon the following a) Defendant shall remove the fence and dirt placed over the original area and return the area to its condition prior to Defendant having the fence, at Defendant's own expense, except that Defendant shall not responsible for laying down new stone on the driveway; b) Upon completion of subparagraph (a) above, Plaintiff shall pay to a sum in the amount of $5,000.00. C) Defendant shall convey an easement to Plaintiff in conformance with terms of the Easement Agreement attached hereto as Exhibit "A." 6. Plaintiff has prepared, and Defendant has approved, an instrument survey the location of the easement, which upon approval of the settlement, will be recorded with Cumberland County Recorder of Deeds Office. 7. Defendant's land is subject to an Agricultural Conservation Easement in favor of Commonwealth of Pennsylvania and County of Cumberland as recorded in the Office of Recorder of Deeds of Cumberland County at Deed Book 492 Page 432, and attached to the J Petition for Rule to Show Cause as Exhibit "B." 8. The Agricultural Conservation Easement prohibits the conveyance of an unless approved by the Commonwealth and County of Cumberland or approved by the Court. 9. The Petitioners have joined the Commonwealth and County of Cumberland in action by writ. 10. On or about May 3, 2012, Plaintiff and Defendant filed a Joint Petition for Show Cause requesting this Court issue a Rule upon the Commonwealth of Pennsylvania and County of Cumberland to show cause why this settlement should not be approved upon the to outlined above and a permanent easement declared in favor of Plaintiff as outlined in the sur attached to the Joint Petition for Rule to Show Cause as Exhibit "C." 11. On May 7, 2012, this Court issued a Rule upon the Commonwealth of Pennsyl and the County of Cumberland to show cause, within 20 days of the date of service of this Rule, w y settlement in the above-captioned matter should not be approved upon the terms outlined within t e Petition for a Rule to Show Cause and a permanent easement declared in favor of Plaintiff' outlined in the survey attached to the Joint Petition for Rule to Show Cause as Exhibit "C." 12. As of the date of this Motion neither the Commonwealth nor the County Cumberland has filed any response to the issued Rule. 13. Counsel for the Cumberland County Agricultural Land Preservation Board counsel for Plaintiff by letter, a true and correct copy of which is attached hereto and i herein as Exhibit "B," that the Board was not going to oppose the proposed Easement 14. Counsel for Plaintiff attempted to contact counsel for the Commonwealth by dated May 10, 2012, enclosing a copy of the Joint Petition and the Rule, but has received response. 15. The time frame for the Commonwealth to respond expired on May 28, 2012. 16. Counsel for Plaintiff has sent a copy of this Motion to counsel for Defendant Defendant concurs in this Motion. WHEREFORE, Plaintiff requests this Court issue a Rule Absolute, approving the on the terms outlined in the Joint Petition. Dated: 6/-"- Respectfully submitted, MARTSON LAW OFFICES By: Hubert X Gilroy, Esquire I.D. No. 29943 R. Christopher VanLandingham, I.D. No. 307424 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff EXHIBIT "A" EASEMENT AGREEMENT THIS AGREEMENT made this day of , 2012, by and between E. Mellinger ("Grantor") and Joseph R. Cramer ("Grantee") his heirs and assigns. WHEREAS Grantor is the owner of a certain tract of ground situate in West Township, Cumberland County, Pennsylvania, more particularly described in Deed recorded in Recorder of Deeds Office in and for Cumberland County in Deed Book 33, Volume X, Page 8q1; WHEREAS Grantee is the owner of a certain tract of ground situate in West Township, Cumberland County, Pennsylvania, more particularly described in Deed recorded in Recorder of Deeds Office in and for Cumberland County in Instrument Number 201101181; WHEREAS, pursuant to an Agreement for Settlement in the case Joseph R. Cramer Iv. Sharon E. Mellinger docketed to No. 2010-6126 in the Cumberland County Court of Common and for $5,000.00 and other good and valuable consideration the receipt of which is acknowleged, the Grantor has agreed to grant to Grantee an easement on and through the of Grantor to enable Grantee to ingress and egress to and from the property of Grantee located at 2P8 Creek Road, Newville, Cumberland County, Pennsylvania 17241 (herein referred to as "Property"), upon the following terms and conditions. NOW THEREFORE, intending to be legally bound hereby the parties agree as follows: Grantor hereby grants and conveys to Grantee his heirs, successors and assigns a and perpetual easement as described in the Madden Engineering Services, Inc., survey conducted February 20, 2012, which is recorded in the Cumberland County Recorder of Deeds Office Instrument Number , and attached hereto and made apart hereof as Exhibit "A." easement shall be binding on Grantor's heirs, successors and assigns. Grantee shall have the right to travel, within the easement, over the property of Grantor maintain said easement as a driveway in order to ingress and egress to and from the including but not limited to the construction of a more permanent driveway such as concrete asphalt along the easement. Grantee shall have maintenance responsibilities over the easement Grantor shall not block, grade, plow, plant, farm, cover or otherwise interfere with Grantee's use lof the easement or the driveway thereon. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as ofthe day year first above written. Witness: Witness: Sharon E. Mellinger (Seal Joseph R. Cramer FAFILES\Clients\l 3949 Cramer\ 13949. 1. easement agreement I CERTIFICATE OF SERVICE I, Shelly R. Brooks, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Motion was served this date by depositing in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Matthew E. Hamlin, Esquire Persun & Heim, P.C 1700 Bent Creek Boulevard, Suite 160 Mechanicsburg, PA 17050 Attorneys for Defendant Sharon E. Mellinger Robert G. Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, PA 17013 Attorneys for County of Cumberland Dwight-Jared Smith, Esquire Pennsylvania Department of Agriculture Governor's Office of General Counsel 2301 North Cameron Street Harrisburg, PA 17110-9408 Attorney for the Commonwealth of Pennsylvania MARTSON LAW OFFICES j,,? 7dOU ' $helley R., rooks 10 E. Hi Street Carlisle, A 17013 (717) 243-3341 s JOSEPH R. CRAMER Plaintiff, V. SHARON E. MELLINGER Defendant, V. THE COMMONWEALTH OF PENNSYLVANIA and THE COUNTY OF CUMBERLAND PENNSYLVANIA Additional Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-6126 CIVIL TERM CIVIL ACTION - LAW JURY TRIAL DEMANDED ORDER AND NOW, this day of ? , 2012, upon consideration of Plaintiff's I/ U Motion for Rule Absolute, it appearing that Plaintiff and Defendant are in agreement as to terms of the settlement and it further appearing that the County of Cumberland does not oppose settlement, and the Commonwealth of Pennsylvania having not filed an answer to the Rule to Show Cause issued by this Court on May 7, 2012, it is hereby ordered that settlement is approved. Defendant shall proceed with executing the Easement Agreement in favor of Plaintiff as attached hereto as Exhibit "A," and said Easement Agreement shall be recorded in the Office of the Cumberland County Recorder of Deeds at Plaintiff s expense. Furthermore, Defendant shall remove the fence and dirt placed over the original easement area and return the area to its condition prior to Defendant having constructed the fence, at Defendant's own expense, except that Defendant shall not be responsible for laying down new stone on the driveway. Upon completion of which Plaintiff shall pay to Defendant a sum in the amount of $5,000.00. The granting of this easement shall not be deemed to violate the Agricultural Conservation Easement in favor of the Commonwealth of Pennsylvania and County of Cumberland as recorded in the Office of the Recorder of Deeds of Cumberland County at Deed Book 492 Page 432. BY THE COURT, J. Distribution: Matthew E. Hamlin, Esquire Hubert X. Gilroy, Esquire Persun & Heim, P.C Martson Law Offices 1700 Bent Creek Boulevard, Suite 160 10 East High Street Mechanicsburg, PA 17050 Carlisle, PA 17013 Attorneys for Defendant Sharon E. Mellinger Attorneys for Plaintiff I/ Robert G. Frey, Esquire Frey & Tiley 5 South Hanover Street Carlisle, PA 17013 Attorneys for County of Cumberland j/Dwight-Jared Smith, Esquire Pennsylvania Department of Agriculture Governor's Office of General Counsel 2301 North Cameron Street Harrisburg, PA 17110-9408 Attorney for the Commonwealth of Pennsylvania ?pPA FAFILES\Clients\13949 Cramer\I 3949.1.mot.rule abosolute.wpd C-- ?> N) : 1 r-D S? r j