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Home My WebLink About11-1434r Fiona K. Fadness, Esquire Attorney I.D. No. 65283 301 South Hanover Street Carlisle, PA 17013 Telephone: (717) 243-4711 Facsimile: (717) 243-9113 Email: fklesquire cgaol.com Attorney for Plaintiff IRON TRIANGLE LLC, Plaintiff _ €" LED-0F Fk";7 ?.; 4:. i s ";1R1 ,. -24 C t.i U N E i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GARRY M. AND MERRILYN QUIET TITLE FAILOR, AND PAUL E. AND NO. DARLA J. FRYE, JR., Defendants 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 a writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 PW Co. elo C" lGG 3 AeI/ Aqb I IRON TRIANGLE LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA GARRY M. AND MERRILYN QUIET TITLE FAILOR, AND PAUL E. AND NO. DARLA J. FRYE, JR., Defendants AVISO USTED HA SIDO DEMANDADO EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las segulentes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demands y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defenses de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede procder sin usted y un fallo por cualquier soma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propeidad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Fiona K. Fadness, Esquire Attorney I.D. No. 65283 301 South Hanover Street Carlisle, PA 17013 Telephone: (717) 243-4711 Facsimile: (717) 243-9113 Email: fklesquirenaol.com Attorney for Plaintiff IRON TRIANGLE LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA GARRY M. AND MERRILYN QUIET TITLE FAILOR, SR. AND PAUL E. AND NO. DARLA J. FRYE, JR., Defendants COMPLAINT 1. Plaintiff, Iron Triangle, LLC, is a Pennsylvania limited liability company with an address of 452 Crossroad School Road, Carlisle, PA 17015. 2. Defendants Garry M. and Merrilyn Failor, Sr., Husband and Wife, are adult individuals residing at 456 Crossroad School Road, Carlisle, PA 17015. 3. Defendants Paul E. and Darla J. Frye, Jr., Husband and Wife, are adult individuals residing at 452 Crossroad School Road, Carlisle, PA 17015. 4. On July 22, 2003, Vincent S. Failor purchased certain property from the Estate of Robert Failor, Sr., on Crossroad School Road, Carlisle, West Pennsboro Township, Cumberland County, Pennsylvania, by deed recorded in the Recorder of Deeds of Cumberland County at Book 258 Page 3463, which property included a salvage yard ("Salvage Yard Property"). (a copy of said deed is attached hereto and marked Exhibit A). 5. On July 11, 2005, Vincent S. Failor granted and conveyed a one/half (1/2) interest in the Salvage Yard Property to his brother, Steven A. Failor. (a copy of said deed is attached hereto and marked Exhibit B). 6. On December 22, 2006, Medusa Metals, LLC, purchased the Salvage Yard Property from Vincent S. and Steven A. Failor by deed recorded in the Recorder of Deeds of Cumberland County at Book 278 Page 1624. (a copy of said deed is attached hereto and marked Exhibit Q. 7. On January 7, 2009, Iron Triangle, LLC, purchased the Salvage Yard Property, consisting of 17.18 acres, from Medusa Metals, LLC, on Crossroad School Road, Carlisle, West Pennsboro Township, Cumberland County, Pennsylvania, by deed recorded in the Recorder of Deeds of Cumberland County Instrument No. 200900872, (a copy of said deed is attached hereto and marked Exhibit D). 8. At the time Iron Triangle, LLC purchased the Salvage Yard Property, Defendants, Paul E. and Darla J. Frye, Jr., resided in the residential home located on the property with a mailing address of 452 Crossroad School Road, Carlisle, PA 17015. 9. At the time Iron Triangle, LLC purchased the Salvage Yard Property, Defendants, Garry M. and Merrilyn Failor, Sr resided in a trailer located on the Salvage Yard Property with a mailing address of 456 Crossroad School Road, Carlisle, PA 17015. 10. Defendants, Paul E. and Darla J. Frye, Jr. and Garry M. and Merrilyn Failor, Sr., claim to have a life estate on the property purchased by Iron Triangle, LLC. Defendants, Paul E. and Darla J. Frye Jr. claim to have a life estate in the residential home located on the Salvage Yard Property. Defendants, Garry M. and Merrilyn Failor, Sr., claim to have a life estate in the real estate on which they have placed a trailer as their residence. 11. Defendants have produced a copy of an agreement from the Executrix of the Estate of Robert Failor, Sr. which they claim to have given them the life estate on the Salvage Yard Property on. 12. The first copy of said agreement was received by fax on December 7, 2009 from the Law Offices of Irwin & Mcknight. This copy was not executed and had no date on the agreement. Said copy of agreement is attached hereto and marked Exhibit E. 13. The second copy of said agreement(s) was received as an enclosure to a letter dated February 26, 2010 from the Law Offices of Paul Bradford Orr. The copies of said agreements were not dated or witnessed. Said copy of the letter and agreements are attached hereto and marked Exhibit F. 14. The final copy was received from the Law Offices of Irwin & Mcknight as an enclosure to a letter dated March 4, 2010 and was dated July 9, 2003, signed and witnessed. Said copy of the agreements are attached hereto and marked Exhibit G. 15. Said agreement is not recorded in the Cumberland County Courthouse. Said agreement is not notarized. 16. Plaintiffs are the responsible party for the real estate taxes on the Salvage Yard Property. 17. No Deed dated after July 9, 2003 has a reference to any life estates, nor do the deeds prior to July 9, 2003 have references to life estates. 18. The title search performed during the purchase of the Salvage Yard Property by Iron Triangle, LLC did not produce any documentation indicating any life estates on the said property. 19. Iron Triangle, LLC was informed by Medusa Metals, LLC that the Defendants claimed life estates on the Salvage Yard Property, but the Defendants did not produce any documentation at or before settlement when requested by Iron Triangle, LLC. 20. Plaintiff purchased the Salvage Yard Property in fee simple with no recorded evidence of a life estate encumbering said property. 21. Iron Triangle, LLC has requested the Defendants, Paul E. and Darla J. Frye, Jr. to enter into residential lease agreements for the lease of the residential home located on the Salvage Yard Property. The request was made to Defendants on January 20, 2010 for a period of one year, beginning February 1, 2010. 22. Iron Triangle, LLC has requested the Defendants, Garry M. and Merrilyn Failor, Sr., to enter into a residential lease agreement for the real estate on which their trailer is located on the Salvage Yard Property. The request was made to Defendants on January 20, 2010 for a period of one year, beginning February 1, 2010. 23. Defendants have refused to sign the leases, claiming a life estate on the Salvage Yard Property. 24. Based on the foregoing, Iron Triangle, LLC seeks to quiet title against the Defendants claiming life estates. WHEREFORE, Plaintiff requests that this Court issue an order granting Iron Triangle, LLC ownership of the Salvage Yard Property in Fee Simple with no life estates encumbering said property. If the Court determines that the Defendants do have valid life estates, the Plaintiff respectfully requests this Court issue an order determining the boundaries of said life estates and the responsibilities of the Defendants for the payment of real estate taxes and other maintenance to said property. Respectfully submitted, Dated Fiona K. adness, Esquire Attorney I.D. No. 65283 301 South Hanover Street Carlisle, PA 17013 Telephone: (717) 243-4711 IRON TRIANGLE LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA GARRY M. AND MERRILYN : QUIET TITLE FAILOR, AND PAUL E. AND : NO. DARLA J. FRYE, JR., Defendants VERIFICATION I, Daniel Emery, Member of Iron Triangle, LLC, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn verification to authorities. Iron Triangle, LLC By: D-Q g-2?? Daniel Emery, Me er Parcel #46-09-0521-041 4 3%)-q THIS INDENTURE U1. P o >- 014ADE this day of 2003 _, ? r- CD u.? o w AA- 4 BETWEEN ` ``,&EN-A. HIPPENSTEEL, Executrix of the Last Will and Testament of Robert W. Failor ' Za'Robert W. Failor Sr., late of West Pennsboro Township, Cumberland County, Ff nnffvania, AND GRANTOR VINCENT S. FAILOR, a married man, of Gardners, Pennsylvania; GRANTEE WHEREAS Robert W. Failor a/k/a Robert W. Failor Sr. died November 6, 2000, testate seized of certain land situate in West Pennsboro Township, Cumberland County, Pennsylvania; and WHEREAS the Will of the said Robert W. Failor a/k/a Robert W. Failor Sr. dated March 24, 1998, was duly probated in the Office of the Register of Wills in and for Cumberland County, Pennsylvania, on January 4, 2001, and Letters Testamentary were granted to Robert W. Failor Jr. and Gwen A. Hippensteel, the above named Co- Executors to #21-01-0013; and WHEREAS the said Robert W. Failor, Jr. was removed as Co-Executor of the Estate of Robert W. Failor, Sr., deceased, and the said Gwen A. Hippensteel was appointed as sole Executor by Order of Court dated July 12, 2002 and docketed at #21- 01-0013, from which no appeal has been filed; and WHEREAS Section 3351 of the Probate, Estates and Fiduciaries Code (20 PS. 3351) confers upon Executor(s) the power to sell at public or private sale, any real estate not specifically devised; and WHEREAS the hereinafter described premises were not specifically devised; and WHEREAS the said Executorix was not required to file any bond to secure faithful performance of her duties. NOW THIS INDENTURE WITNESSETH that Gwen A. Hippensteel, Executrix of the Estate of Robert W. Failor a/k/a Robert W. Failor Sr., deceased, for and in EXHIBIT 463 02/04/2011 3:33:36 PM CUMBERLAND COUNTY Inst.# 200343824 - Page 1 of 4 consideration of the sum of One and 00/100 Dollars ($1.00) in lawful money of the United States, to him in hand paid by the said GRANTEE at and before the sealing and delivery hereof, the receipt whereof is hereby acknowledged they have granted, bargained, sold, aliened, released and confirmed, and by these presents does grant, bargain, sell, alien, release and confirm unto the said GRANTEE, his heirs and assigns: ALL THAT CERTAIN tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, described as follows: BEGINNING at a point in the center of a public road leading from the Ritner Highway to the Crossroads School House on the Carlisle to Newvllle Public Road; thence along lands now or formerly of Gordon L. Morrison, South 40 degrees 45 minutes West a distance of 264.2 feet to a post; thence by the same South 32 degrees 15 minutes East a distance of 92 feet to a Cherry Tree; thence by the same South 63 degrees 40 minutes West a distance of 1189.2 feet to a post; thence along the lands now or formerly of Samuel Kitzmiller North 24 degrees 30 minutes West a distance of 127 feet to a post; thence by the same North 77 degrees 30 minutes West a distance of 300 feet to a post; thence along the lands now or formerly of Norman Jones, North 64 degrees 15 minutes East distance of 1575 feet to a point in the center of the public road above described; thence by the center of the above public road South 50 degrees 30 minutes East a distance of 139 feet to a point, the place of BEGINNING. BEING the same property which Gordon L. Morrison and Rose R. Morrison, husband and wife, by their Deed dated October 29, 1949, and recorded in Cumberland County Recorder of Deeds Book "E", Vol. 14, Page 432, granted and conveyed unto Robert W. Failor and Shirley L. Failor, his wife. The said Shirley L. Failor died November 19, 1999, thereby vesting full title in Robert W. Failor. THIS TRANSFER IS BEING MADE FROM ESTATE OF FATHER TO SON AND IS THEREFORE EXEMPT FROM REALTY TRANSFER TAX. TOGETHER with all and singular ways, water;, water-courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and also, all the estate right, title, interest, use trust, property, possession, claim and demand whatsoever, in law, equity or otherwise howsoever, of, in, to or out of the same. TO HAVE AND TO HOLD, the said hereditaments and premises hereby granted and released, or mentioned and intended so to be, with the appurtenances, unto the said GRANTEE and his heirs and assigns, to and f?rAhe only roper use and behoof of the said GRANTEE his heirs and assigns, forever. c' f r 1Y I' ? s to he, re, c? i c? ec? C01.111ty PA Recorder of Deeds Box 258 PACE3464 02/04/2011 3:33:36 PM CUMBERLAND COUNTY Inst.# 200343824 - Page 2 of 4 AND the said Executrix of the Estate of Robert W. Failor a/k/a Robert W. Failor Sr., deceased, covenants, promises, and agrees to and with the said GRANTEE his heirs and assigns, by these presents, that she, the said Executrix has not done, committed, knowingly or willingly suffered to be done or committed, any act, matter or thing whatsoever whereby the premises hereby granted, or an part thereof, shall or may be impeached, charged or encumbered, in title, charge, estatea or otherwise howsoever. WITNESS the due execution hereof the day, month and year first above written. Signed, Sealed and Delivered in the Presence of: Estate of Robert W. Failor a/k/a Robert W. Failor Sr. 3.? COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND GWEN A. HIPPENST , Executrix ss On this, the 11-f day of 2003, before me, undersigned officer, personally appeared wen A. Hippensteel known to me (the or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed same as Executrix for the Estate of Robert W. Failor a/k/a Robert W. Failor Sr. for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Nota w Seal CAf CLmbaiiiwdC_?oulpey - My ComrNsaion Evirm Oct. s..ma_ YWV0WAWcWm0fN&Wdee '--3, cz?' I do hereby certify that the precise residence and complete post office address of the within named Grantee is: 1184 Myerstown Road. Gardners PA 17324 Date "00x 256 PAGE3465 02/04/2011 3:33:36 PM CUMBERLAND COUNTY Inst.# 200343824 - Page 3 of 4 REV. 193 EX (6-96) RECORDER'S USE ONLY tah az of REALTY TRANSFER TAX Book Number COMMONWEALTH OF PENNSYLVANIA STATEMENT OF VALUE DEPARTMENT OF REVENUE Pope Nam « f BUREAU OF INDIVIDUAL TAXES W DEPT. 280603 ate Recorded HARRISBURG, PA 17128-0603 See Reverse for instructions Complete each section and file in duplicate with Recorder of Deeds when (1) the full value/consideration is not set forth in the deed, (2) when the deed is without consideration, or by gift, or (3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from tax based on (1) family relationship or (2) public utility easement If more spas is needed, attach additional sheet(s). A CORRESPONDENT - All inquiries may be directed to the following person: Nomw- r Telephone Number: D ?[J - , f [ w ?YL,J ? Area Code (?1;2 r? y9 03 S`? State Zip code Street ?u f , W , .?-=n VL& ? ity ? `IjJ ??. /7 D ?C3 B TRANSFER DATA (Dote of Acceptance of Document 10 S Street Address " orreet ^aaress Asa ? ?oca -S,ka?k 2 a / q /(lJ f?1 State Zip Code City G Slate Zip Code ?"a, 70 V C PROPERTY LOCATION Ij 6 S nr1-L? Ll 6- : a1 - o -?- I .o D VALUATION DATA I 2. Check Appropriate Box Below for Exempt?n Cl imed Will or intestate succession RO"^ r `l) 0013 (Name Decedent) (Estate File Number) ? Transfer to Industrial Development Agency. ? Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ? Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.) ? Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. (If condemnation or in lieu of condemnation, attach copy of resolution.) ? Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number ? Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.) ? Statutory corporate consolidation, merger or division. (Attach copy of articles.) ? Other (Please explain exemption claimed, if other than listed above.) Under pessaAies of law, l declare that 1 have examined this Statement, including accompanying information, and to the best of my knowledge and belief, it is true, correct and complete. /7o Signature o Correspontlent or R e Party Date w / 0 3 °AILURE TO COMPLETE THIS FURM PROPERLY OR ATTACH PLICA DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAI TO RECORD THE DEED. BOOK 258 PacE3466 02/04/2011 3:33:36 PM CUMBERLAND COUNTY , Page Number Inst.# 200343824 - Page 4 of 4 E EXEMPTION DATA Ia. Amount of Exemption Claimed I lb. Percentage of Interest Conveys q. 54o °1 /7 THIS DEED MADE THE (/"- day of Ju+ in the year two thousand five (2005). BETWEEN VINCENT S. FAII.OR, a married man, of Gardners, Cumberland County, Pennsylvania, hereinafter called Grantor: AND STEVEN A. FAILOR, a married man, of West Pennsboro Township, Cumberland County, Pennsylvania, hereinafter called Grantee: WITNESSEM that in consideration of the sum of One and no/100 ($1.00) Dollar, in hand paid, the receipt whereof is hereby acknowledged, the Grantor does hereby grant and convey unto the said Grantee, his heirs and assigns, A ONE/HALF (1/2) INTEREST in all that certain tract of land situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of a public road leading from the Ritner Highway to the Crossroads School House on the Carlisle to Newville Public Road; thence along lands now or formerly of Gordon L. Morrison, South 40 degrees 45 minutes West a distance of 264.2 feet to a post; thence by the same South 32 degrees 15 minutes East a distance of 92 feet to a Cherry Tree; thence by the same South 63 degrees 40 minutes West a distance of 1189.2 feet to a post; thence along the lands now or formerly of Samuel Kitzmiller North 24 degrees 30 minutes West a distance of 127 feet to a post; thence by the same North 77 degrees 30 minutes West a distance of 300 feet to a post; thence along the lands now or formerly of Norman Jones, North 64 degrees 15 minutes East distance of 1575 feet to a point in the center of the public road above described; thence by the center of the above public road South 50 degrees 30 minutes East a distance of 139 feet to a point, the Place of BEGINNING. BEING the same property which the Estate of Robert W. Failor, Sr, granted and conveyed unto Vincent S. Failor, Grantor herein, by Deed dated July 22, 2003 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book, 258, Page 3463. EXHIBIT 4 02/0212011 4:26:06 PM CUMBERLAND COUNTY Boo 272 PAlEJ083 Inst.# 200545609 - Page 1 of 3 This conveyance is a non-taxable transfer from brother to brother. AND the said Grantor hereby covenants and agrees that he will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantor has hereunto set his hand and seal the day, month and year first above written. Signed, Sealed and DeUwmd in the presence of 03, I /zj;?-z & -/;e-- A e (SEAL) VINCENT S. AILOR COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: On this, the ff, day ofJJ?005, before me, the undersigned officer, appeared VINCENT S. FAILO . personally R, man, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. I. (SEAL) f'miw Ma" %W 8. WOM,, Nab" F ft QAft eta Q nwftm county My omwwwm Envies Oct. 3, MW 2 800K 272 PA dO84 02/02/2011 4:26:06 PM CUMBERLAND COUNTY Inst.# 200545609 - Page 2 of 3 . . 2 L 7 :_ ... 2 1 Jai 9 PR 12 32 THIS DEED MADE THE 131.4 day of December in the year two thousand six (2006). BETWEEN VINCENT S. FAILOR mW STEVEN A. FAILOR, of Cumberland County, Pennsylvania, hereinafter called Grantors: AND MEDUSA METALS, LLC, Cumberland County, Pennsylvania, hereinafter called Grantee: WITNESSETH, that in consideration of the sum of Two Hundred Fifty Thousand and no/100 ($250,000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the Grantor does hereby grant and convey unto the said Grantee, its successors and assigns ALL that certain tract of land with the improvements thereon erected situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of a public road leading from the Ritner Highway to the Crossroads School House on the Carlisle to Newville Public Road; thence along lands now or formerly of Gordon L. Morrison, South 40 degrees 45 minutes West a distance of 264.2 feet to a post; thence by the same South 32 degrees 15 minutes East a distance of 92 feet to a Cherry Tree; thence by the same South 63 degrees 40 minutes West a distance of 1189.2 feet to a post; thence along the lands now or formerly of Samuel Kitzmiller North 24 degrees 30 minutes West a distance of 127 feet to a post; thence by the same North 77 degrees 30 minutes West a distance of 300 feet to a post; thence along the lands now or formerly of Norman Jones, North 64 degrees 15 minutes East distance of 1575 feet to a point in the center of the public road above described; thence by the center of the above public road South 50 degrees 30 minutes East a distance of 139 feet to a point, the Place of BEGINNING. EXHIBIT 600K 278 PACE jG24 02/02/2011 4.01:42 PM CUMBERLAND COUNTY Inst.# 200701014 - Page 1 of 4 BEING the same property which the Fstate of Robert W. Failor, Sr, granted and conveyed unto Vincent S. Failor, one of the Grantors herein, by Deed dated July 22, 2003 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book, 258, Page 3463. ALSO BEING the same property which Vincent S. Failor granted and conveyed an undivided onMWf (1/2) interest to Steven A. Failor, one of the Grantors herein, by deed dated July 11, 2005 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 272, Page 1083. AND the said Grantors hereby certify that no divorce proceedings are pending or contemplated in any jurisdiction. 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, month and year first above writtm Signed, Sealed and Deltmwd In Me presence of VINCENT S. F III del (SEAL) STEVEN A. FAILOR 2 bm* 278 PACEN25 02/02/2011 4:01:42 PM CUMBERLAND COUNTY Inst.# 200701014 - Page 2 of 4 COMMONWEALTH OF PENNSYLVANIA . : SS: COUNTY OF CUMBERLAND On this, the Lz?" day of December, 2006, before me, the undersigned officer, personally appeared VINCENT S. FAILOR, nuuT icd man, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and aclmowledged that he executed same for the purposes therein'contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. 3 C&--- ISM) NOW W Seel Rapar S. Uuilrt, NOlery PUW- Cie em, ameelan,d Cotxtty My CanmMMon Expires Oct. 3, 2008 Member. Pennsylvania Association O( Notaries COMMONWEALTH OF PENNSYLVANIA . : SS: COUNTY OF CUMBERLAND On this, the V"' day of December, 2006, before me, the undersigned officer, personally appeared STEVEN A. FAILOR, married man, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained- IN WITNESS WHHEREOF, I hereunto set my hand and seal. 3. coj.--. (om) Notary p4W &W*U NOWY -Oc Cofrtnrie W ER*w OcL 3.2008 ibex p0rdwVWW A non of Not 3 i* 278 PAcE1626 02/02/2011 4:01:42 PM CUMBERLAND COUNTY Inst.# 200701014 - Page 3 of 4 I do hereby certify that the precise residence and complete post office address of the within named Grantee is: \.Po December ZZ-? 2006 RAP.- 7c, ac x ac cn cn 4 C= o z c t_+ -v Q 4 G O 4 O O p b O C.3. O D Aao IRW,VV R McAMVIGHT ATTORNEYS AT LAW 60 West Pomfi t Street Carlisle, PA 17013 717-249-2353 R7 t-a L ? _s 77 ro Q C? as ? a [ C(.,,-" fy this to be recorded V =6 F h) Cumberland County PA r? r n F 'K - Itl .'+O Ste .4 pQp O`. ? p Rcc: aer of Deeds 4 v BOOK 278 mcEi627 02/02/2011 4:01:42 PM CUMBERLAND COUNTY Inst.# 200701014 - Page 4 of 4 i `,WCSRL{`.DI DWedusa A4clals - to Iron'I'Ming!C 11 1-l l / 0017KY ( ,?w - ? TAX PARCEL NO.: 46-09-0521-041 zsiz ADDRESS: 452 Crossroad School ]toad Carlisle, PA 17015 THIS DEED MADE THE -? day in the year of our Lord two thousand nine (2009). BETWEEN MEDUSA METALS, LLC, Cumberland County, Pennsylvania, hereinafter called Grantor, and IRON TRIANGLE, LLC, hereinafter called Grantee, WITNESSETH, that in consideration of ONE HUNDRED FIFTY THOUSAND and NO/] 00 -------(S150,000-00)---------Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grant and convey to the said Grantee, their heirs and assigns, ALL that certain tract of land with the improvements thereon erected situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of a public road leading from the Ritner Highway to the Crossroads School House Oil the Carlisle to Newville Public Road; thence along lands now or formerly of Gordon L. Morrison, South 40 degrees 45 minutes West a distance of 264.2 feet to a post; thence by the same South 32 degrees 15 minutes East a distance of 92 feet to a Cherry Tree; thence by the same South 63 degrees 40 minutes West a distance of 1189.2 feet to a post; thence along the lands now or formerly of Samuel Kitzmiller North 24 degrees 30 minutes West a distance of 127 feet to a post; thence by the same North 77 degrees 30 minutes West a distance of 300 feet to a post; thence along the lands now or formerly of Norman Jones, North 64 degrees 15 minutes East distance of 1575 feet to a point in the center of the public road above described; thence by the center of the above public road South 50 degrees 30 minutes East a distance of 139 feet to a point, the Place of BEGINNING. 02/02/2011 3:56:43 PM EXHIBIT O -1- CUMBERLAND COUNTY Inst.# 200900872 - Page 1 of 4 BEING the same property which Vincent S. Failor and Steven A. Failor, of Cumberland County, Pennsylvania, by deed dated December 22, 2006 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 278, Page 1624 granted and conveyed unto Medusa Metals, LLC, Cumberland County, Pennsylvania, Grantor herein. AND the said Grantor hereby covenants and agrees that they will warrant specialty the property hereby conveyed. IN WITNESS WHEREOF, said Grantor has caused this deed to be executed by its authorized member who has hereunto set his hand and seal the day and year first above written. Signed, Sealed, and Delivered in the Presence of : MEDUSA METALS, LLC :BY ALD FALOR, member BY: (SEAL) TERR , member (SEAL) :BY--- r----_ . (SEAL) STEVEN W LEY, member -2- THOMAS SHEAFFER, member 02/02/2011 3:56:43 PM CUMBERLAND COUNTY Inst.# 200900872 - Page 2 of 4 COMMONWEALTH OF PENNSYLVANIA: : SS: COUNTY OF CUMBERLAND On this, the day of 2009, before me the undersigned officer, a Notary Public, personally appeared, TERRY RYAN, THOMAS SHEAFFER, DONALD FAILOR, and STEVEN WORLEY, members oI'MEDUSA METALS, LLC, a Pennsylvania limited liability company, 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 have hereunto set my hand and official seal the day and year first above written. COMMONWEALTH OF PENNSYLVANIA v NOTARIAL SEAL CAROL L. TROXELL, Notary Public LMNew Notar Public Cumberland Boro. Cumberland Co. Y y Commission Expire Dec. 27, 2009 I hereby certify that the precise residence and complete post office address of the within named Grantee is: CY06 Q 01 5;J-X)04 RaO t ,Sly , DATED: oq. Attorney or GPANTO -3- 02/02/2011 3:56:43 PM CUMBERLAND COUNTY Inst.# 200900872 - Page 3 of 4 ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200900872 Recorded On 1/12/2009 At 1:52:56 PM * Instrument Type - DEED Invoice Number - 35186 User ID - MSW * Grantor - MEDUSA METALS LLC * Grantee - IRON TRIANGLE LLC * Customer - ANDREA BOWER * FEES STATE TRANSFER TAX STATE WRIT TAR STATE JCS/ACCESS TO JUSTICE RECORDING FEES - RECORDER OF DEEDS PARCEL CERTIFICATION FEES AFFORDABLE HOUSING COUNTY ARCHIVES FEE ROD ARCHIVES FEE BIG SPRING SCHOOL DISTRICT WEST PENNSBORO TOWNSHIP TOTAL PAID $1,500.00 $0.50 $10.00 $12.50 $10.00 $11.50 $2.00 $3.00 $750.00 $750.00 $3,049.50 I Certify this to be recorded in Cumberland County PA RECORDER O D EDS r?ao * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 1111111111111111111111 02/02/2011 3:56:43 PM CUMBERLAND COUNTY Inst.# 200900872 - Page 4 of 4 DEC-07-2009 15:26 FROM-IRWIN & McKNIGHT LAW OFFICES ROGER 9. 1AWW MaWWA AW :6Aff-111 1AAtFA/lVOKS AMICC4 R, NUG AS pOG'Yw G. Mu.!w +7172496354 T-311 P 002/003 F-226 LAW OFFICES IRVvW McKNIG ff & HUGHES WFS7' POMPRET PROFESSIONAL BUILDING $0 WEST POMFRE7 SW&T CARUSL& PENNSYLVANIA 77013.3222 1717122353 A4X 17770 2Q9-6334 E v?o,(,: MMM1.oWf?.SNPVRNE7:GOAt ARTICLES OF AGREEMENT MADE TWS day of July, 2003 HAROLD S :RM (19IS-1976 NARGafl? ? 1RI9ZM. JR fj9Jt-,'i?4S) 1R1N?Ar, IRWIN?IRWlN 11916-19861 1R(?7u. IRMd Afc NCHT #§96.1Opt) MWV VmVX 7d#0WESr trvi- 1 BETWEEN GWEN A. IiIPPENSTEU, F.XEr_%rn X OF THE ESTATE. OF ROBERT W. FA3LOR, SR. hereinafter :: yled the party of the first part, and PAL7L E. FRYE, JIL and DARLA I FRYIE, his wife Hminaftcr ..tyled. the party of the second part WT'1'NESSEM that the said party of the fot part, in considmtion of the `- and coven= h:c.Teinafter mentioned, doth demise and lease unto the said party of the stooao p _ * ':< be Wised as .? lot for a dwelling house, the premises situate in the County of Cumberland rd Commonwe,4th of Pennsylvwiia, described as follovis; BEING the lot known as 452 :mss Road School Roast Carlisle, PA 17013 TO IIAVE AND TO HOLD unto the said party of the second part, subject to the conditions of this agreement for the term beginning on July 22), 2003, and ending 60 days after the death of i:he survivor of PAUL E. FRYE, JR or his wife, DARLA J. FRYE. IN (:ONSIDERA110IN 4..)F VVMCH the said party of the second pant ate-.°s to pay to the said part I/ of the first part zbr ehe use and occupancy of the said premises, the sum of Ong and no/100 ($11 D) Dodar payable here%vith. AS 4!1, FURTKEi R CONSIDERATION for the us:: ?L;d occupancy of said prerr,: said party c!'the second part hereby igmes to faithfffly, keep and be bound by the foci covenants, c anditions and agreements. The :laid premises are to be kept and main°:ined ist as good repair ;ern ;.:at3ditio` present and .:It the expiration of flnis lea. !.hcy are ;;:; %; swiendered n like :-epedr aad care i, natural west and damages happenlrv by firs stone cu Otber Cast ::? ? , x: opted. EXHIBIT E DEC-071%009 ;5:29 FROM-IR'WIN & MCKNISHT LAW OFFiCES +717206354 .-311 0 003/003 F-225 The ',Iremises are to be kept in a clean and sanitary condition and all ashes or other garbage wbilah may accumulate thereon during the term are to be removed. Notb;.ag shall be done upon said premises contrary to the conditions of the policies of instuatiee q on the buildings thereon whereby the hazard qty be increased of the insurance invalidated; neither the whole nor any portion of the said premises shall be sublet, nor shall this lease or any Atmst therein be assigned, nor shall the party of the second part remove or attempt to remove fi ,)m said premises during the tc:= of this lease, without the written canaent of the said party o7 the first part; and no unlawful business shalt at any time be carried on upon said premises. It is :Mother agreed that the terms and conditions of this agreement and ire in no way be chiM:!ed or altered except by a writing signed by all of the parties hereto. The c mdition of this agreemeru shall extend to the administmators and executor,; of all the parties heretr . IN VV ITNESS VmEREoF, the parties aforesaid have hereunto s6t their hands and seals the day and y ar first above written. IN THE PRESENCE OF ESTATE OF ROBERT W. FALLOR, SR. o--.e7 -A g ig SEAL) GWEN A. HIPPENSTEIRL PAUL E. FRYE, Jk (SEAT.) DA,RLA J, FR'YE -` (SEAQ 2 LAW OFFICES IRWIN McKNIGHT & HUGHES WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET ROGER B. IRWIN CARLISLE, PENNSYLVANIA 17013-3222 HAROLD S. IRWIN (1925-1977) MARCUS A. McKNIGHT. III HAROLD S. IRWIN, JR. (1954-1986) JAMES D. HUGHES (717) 249-2353 IRWIN, IRWIN & IRWIN (1956-1986) REBECCA R. HUGHES FAX (717) 249-6354 IRWIN, IRWIN & McKNIGHT (1986-1994) DOUGLAS G. MILLER E-MAIL: IMHLAW@SUPERNET.COM IRWIN.MCKNIGHT&HUGHES (1994- ) ARTICLES OF AGREEMENT MADE THIS day of July, 2003 BETWEEN GWEN A. HIPPENSTEEL, EXECUTRIX OF THE ESTATE OF ROBERT W. FAILOR, SR. hereinafter styled the party of the first part, and GARY M. FAILOR and MERRILYN M. FAILOR, his wife Hereinafter styled the party of the second part. WITNESSETH, that the said party of the first part, in consideration of-the rents- 'and-covenants hereinafter mentioned, doth demise and lease unto the said party of the second part to be used as a lot for a mobile home, the premises situate in the County of Cumberland and Commonwealth of Pennsylvania, described as follows: BEING the lot known as 456 Cross Road School Road Carlisle, PA 17013 TO HAVE AND TO HOLD unto the said party of the second part, subject to the conditions of this agreement for the term beginning on July 22, 2003, and ending 60 days after the death of the survivor of GARY M. FAILOR or his wife, MERRILYN M. FAILOR. IN CONSIDERATION OF WHICH the said party of the second part agrees to pay to the said party of the first part for the use and occupancy of the said premises, the sum of One and no/100 ($1.00) Dollar payable herewith. AS A FURTHER CONSIDERATION said party of the second part hereby agrees to covenants, conditions and agreements: for the use and occupancy of said premises the faithfully keep and be bound by the following The said premises are to be kept and maintained in as good repair and condition as at present and at the expiration of this lease, they are to be surrendered in like repair and condition, natural wear and damages happening re storm or other casualties only excepted. EXHIBIT F The premises are to be kept in a clean and sanitary condition and all ashes or other garbage which may accumulate thereon during the term are to be removed. Nothing shall be done upon said premises contrary to the conditions of the policies of insurance upon the buildings thereon whereby the hazard may be increased of the insurance invalidated; neither the whole nor any portion of the said premises shall be sublet, nor shall this lease or any interest therein be assigned, nor shall the party of the second part remove or attempt to remove from said premises during the term of this lease, without the written consent of the said party of the first part; and no unlawful business shall atua any time'_bt carried.on upon said premises. It is further agreed that the terms and conditions of this agreement and lease shall in no way be changed or altered except by a writing signed by all of the parties hereto. The condition of this agreement shall extend to the administrators and executors of all the parties hereto. IN WITNESS WHEREOF, the parties aforesaid have hereunto set their hands and seals the day and year first above written. IN THE PRESENCE OF ESTATE OF ROBERT W. FAILOR, SR. l -,/,, i (SEAL) GWEN A. HI PENST ` (SEAL) GARY M FAII. (SEAL) ME YN I?AILOR 2 LAW OFFICES Ili WIN McKNIGHT & HUGHES WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET ROGER S. IRWIN CARLISLE, PENNSYLVANIA 17013.3222 HAROLD S. IRWIN (1915.1977) MARCUSA. McKNIGHT. III HAROLD S. IRWIN. JR. (1954.19$6) JAMES D. HUGHES (717) 249-2353 IRWIN. IRWIN & IRWGV (1936-1986) REBECCA R HUGHES FAX (7171249-6354 IRWIN. IRWIN & McKN1GHT (1986.1994) DOUGLAS G. MILLER E-MAIL: IMHLAW@SUPERNET. COM IRWIN WcMGHT & HUGHES (I99-f- ) ARTICLES OF AGREEMENT MADE THIS day of July, 2003 BETWEEN GWEN A. HIPPENSTEEL, EXECUTRIX OF THE ESTATE OF ROBERT W. FAILOR, SR. hereinafter styled the party of the first part, and PAUL E. FRYE, JR. and DARLA J. FRYE, his wife Hereinafter styled the party of the second part. WITNESSETH, that the said party of the first part, in consideration of the rents and covenants hereinafter mentioned, doth demise and lease unto the said party of the second part to be used as a lot for a dwelling house, the premises situate in the County of Cumberland and Commonwealth of Pennsylvania, described as follows: BEING the lot known as 452 Cross Road School Road Carlisle, PA 17013 TO HAVE AND TO HOLD unto the said party of the second part, subject to the conditions of this agreement for the term beginning on July 22, 2003, and ending 60 days after the death of the survivor of PAUL E. FRYE, JR. or his wife, DARLA J. FRYE. IN CONSIDERATION OF WHICH the said party of the second part agrees to pay to the said party of the first part for the use and occupancy of the said premises, the sum of One and no/100 ($ 1.00) Dollar payable herewith. AS A FURTHER CONSIDERATION said party of the second part hereby agrees to covenants, conditions and agreements: for the use and occupancy of said premises the faithfully keep and be bound by the following The said premises are to be kept and maintained in as good repair and condition as at present and at the expiration of this lease, they are to be surrendered in like repair and condition, natural wear and damages happening by fire, storm or other casualties only excepted. The premises are to be kept in a clean and sanitary condition and all ashes or other garbage which may accumulate thereon during the term are to be removed. Nothing shall be done upon said premises contrary to the conditions of the policies of insurance upon the buildings thereon whereby the hazard may be increased of the insurance invalidated; neither the whole nor any portion of the said premises shall be sublet, nor shall this lease or any interest therein be assigned, nor shall the party of the second part remove or attempt to remove from said premises during the term of this lease, without the written consent of the said party of the first part; and no unlawful business shall at any time be carried on upon said premises. It is further agreed that the terms and conditions of this agreement and lease shall in no way be changed or altered except by a writing signed by all of the parties hereto. The condition of this agreement shall extend to the administrators and executors of all the parties hereto. IN WITNESS WHEREOF, the parties aforesaid have hereunto set their hands and seals the day and year first above written. IN THE PRESENCE OF ESTATE OF ROBERT W. FAILOR, SR. GWEN A. HIPPENST (SEAL) PAUL E. FR (SEAL) (SEAL) ARLA J. yE 2 LAW OFFICES IRWIN McKNIGHT & HUGHES ROGER S. IRWIN MARCUSA. M"IGIM III JAMES D. HUGHES REBECCA R. HUGHES DOUGLAS G. MILLER WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (7171 249-6354 E-MAIL: IMHLAW@SUPERNET. COM ARTICLES OF AGREEMENT HAROLD S. IRWIN (1915-1977) HAROLD S. IRWIN, JR (1954-1986) IRWIN. IRWIN& IRWIN (1956.1986) IRWIN IRWIN & McKNIGHT (1986.1994) IRWIN, McKMGHT & HUGHES (1994- ) MADE THIS iod- ay of July, 2003 BETWEEN GWEN A. HIPPENSTEEL, EXECUTRIX OF THE ESTATE OF ROBERT W. FAILOR, SR. hereinafter styled the party of the first part, and PAUL E. FRYE, JR. and DARLA J. FRYE, his wife Hereinafter styled the party of the second part. WITNESSETH, that the said party of the first part, in consideration of the rents and covenants hereinafter mentioned, doth demise and lease unto the said party of the second part to be used as a lot for a dwelling house, the premises situate in the County of Cumberland and Commonwealth of Pennsylvania, described as follows: BEING the lot known as 452 Cross Road School Road Carlisle, PA 17013 TO HAVE AND TO HOLD unto the said party of the second part, subject to the conditions of this agreement for the term beginning on July 22, 2003, and ending 60 days after the death of the survivor of PAUL E. FRYE, JR. or his wife, DARLA J. FRYE. IN CONSIDERATION OF WHICH the said party of the second part agrees to pay to the said party of the first part for the use and occupancy of the said premises, the sum of One and no/100 ($1.00) Dollar payable herewith. AS A FURTHER CONSIDERATION said party of the second part hereby agrees to covenants, conditions and agreements: for the use and occupancy of said premises the faithfully keep and be bound by the following The said premises are to be kept and maintained in as good repair and condition as at present and at the expiration of this lease, they are to be surrendered in like repair and condition, natural wear and damages happening by fire, storm or other casualties only excepted. EXHIBIT a-- The premises are to be kept in a clean and sanitary condition and all ashes or other garbage which may accumulate thereon during the term are to be removed. Nothing shall be done upon said premises contrary to the conditions of the policies of insurance upon the buildings thereon whereby the hazard may be increased of the insurance invalidated; neither the whole nor any portion of the said premises shall be sublet, nor shall this lease or any interest therein be assigned, nor shall the party of the second part 'remove or attempt to remove from said premises during the term of this lease, without the written consent of the said party of the first part; and no unlawful business shall at any time be carried on upon said premises. It is further agreed that the terms and conditions of this agreement and lease shall in no way be changed or altered except by a writing signed by all of the parties hereto. The condition of this agreement shall extend to the administrators and executors of all the parties hereto. IN WITNESS WHEREOF, the parties aforesaid have hereunto set their hands and seals the day and year first above written. IN THE PRESENCE OF ESTATE OF ROBERT W. FAILOR, SR. (SEAL) GWEN A. HIPPENSTEML A J rAd 1 .Iv I - (SEAL) PAUL E. FOP, . (SEAL) ARLA J. YE 2 LAW OFFICES IRMN McKNIGHT & HUGHES WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET ROGER B. IRWIN CARLISLE, PENNSYLVANIA 17013-3222 HAROLD S. IRWIN (1925-1977) MARCUS A. McKNIGHT. Ill HAROLD S. IRWN, JR. (1954-1986) JAMES D. HUGHES (717) 248-2353 IRWIN, IRWIN & IRWIN (1956-1986) REBECCA A. HUGHES FAX (717) 248-6354 IRWIN, IRWIN& McKNIGHT (1986-1994) DOUGLAS G. MILLER E-MAIL: IMHLAW@SUPERNET.COM IRWIN, McKNIGHT & HUGHES (1994- ) ARTICLES OF AGREEMENT MADE THIS 46-day of July, 2003 BETWEEN GWEN A. HIPPENSTEEL, EXECUTRIX OF THE ESTATE OF ROBERT W. FAILOR, S& hereinafter styled the party of the first part, and GARY M. FAILOR and MERRILYN M. FAILOR, his wife Hereinafter styled the party of the second part. WITNESSETH, that the said party of the first part, in consideration of the rents and covenants hereinafter mentioned, doth demise and lease unto the said party of the second part to be used as a lot for a mobile home, the premises situate in the County of Cumberland and Commonwealth of Pennsylvania, described as follows: BEING the lot known as 456 Cross Road School Road Carlisle, PA 17013 TO HAVE AND TO HOLD unto the said party of the second part, subject to the conditions of this agreement for the term beginning on July 22, 2003, and ending 60 days after the death of the survivor of GARY M. FAILOR or his wife, MERRILYN M. FAILOR. IN CONSIDERATION OF WHICH the said party of the second part agrees to pay to the said party of the first part for the use and occupancy of the said premises, the sum of One and no/ 100 ($1.00) Dollar payable herewith. AS A FURTHER CONSIDERATION for the use and occupancy of said premises the said party of the second part hereby agrees to faithfully keep and be bound by the following covenants, conditions and agreements: The said premises are to be kept and maintained in as good repair and condition as at present and at the expiration of this lease, they are to be surrendered in like repair and condition, natural wear and damages happening by fire, storm or other casualties only excepted. The premises are to be kept in a clean and sanitary condition and all ashes or other garbage which may accumulate thereon during the term are to be removed. Nothing shall be done upon said premises contrary to the conditions of the policies of insurance upon the buildings thereon whereby the hazard may be increased of the insurance invalidated; neither the whole nor any portion of the said premises shall be sublet, nor shall this lease or any interest therein be assigned, nor shall the party of the second part remove or attempt to remove from said premises during the term of this lease, without the written consent of the said party of the first part; and no unlawful business shall at any time be carried on upon said prenuses. It is further agreed that the terms and conditions of this agreement and lease shall in no way be changed or altered except by a writing signed by all of the parties hereto. The condition of this agreement shall extend to the administrators and executors of all the parties hereto. IN WITNESS WHEREOF, the parties aforesaid have hereunto set their hands and seals the day and year first above written. IN THE PRESENCE OF ESTATE OF ROBERT W. FAILOR, SR. (SEAL) GWEN A. HOPENSTItA lop r (SEAL) GARY FAftOf- ?\ N L I /"' M, (SEAL) MkRftYN F R 2 Iron Triangle LLC Plaintiff vs Garry M. and Merrilyn Failor, and Paul E. and Darla J. Frye, Jr., Defendants In the Court of Common Pleas of Cumberland County, Pennsylvania No. 11-1434 Civil Term Quiet Title PRAECIPE Please Reinstate the Complaint filed in the above captioned case. David D. Buell, Prothonotary Attorney Info: Fiona K. Fadness, Esq. 20 '4? ?_ __ '?/F. 7 A orney for Plaintiff Attorney ID 65283 301 S. Hanover Street Carlisle, PA 17013 (717) 991-1382 a?.?'w 10,bo ? a at* )cbs V*astD8?.3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson FILED-OFFICE Sheriff P D - THE ca Iy Jody S Smith f Chief Deputy ""MAR 30 PM 3: 24 ;z. Richard W Stewart Solicitor rUMBERLAND COUNTY pert `` PENNSYLVANIA Iron Triangle LLC Case Number vs. Garry M. & Merrilyn Failor (et al.) 2011-1434 SHERIFF'S RETURN OF SERVICE 03/25/2011 06:52 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 25, 2011 at 1852 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Garry M. & Merrilyn Failor, by making known unto Merrilyn Failor, at 456 Crossroad School Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to her personally the said true and correct copy of the same. OH HAWK ALL, DEPUTY 03/25/2011 06:54 PM - Shawn Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on March 25, 2011 at 1854 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Paul E. & Darla J. Frye Jr., by making known unto Paul E. Frye Jr., at 452 Crossroad School Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the same time handing to him personally the said true and correct copy of the same. jL_ GUTSHALL, DEPUTY SHERIFF COST: $56.44 March 28, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF IRON TRIANGLE, LLC, Plaintiff V. GARRY M. FAILOR AND MERRILYN FAILOR and PAUL E. FRYE, JR. AND DARLA J. FRYE, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION -LAW . C= r-o { -, ? 11-1434 CIVIL TERM `S _ r :r. . "--f O y-n n _ (D -"Yz m QUIET TITLE .. ; c a C) ?? .....f1 r V.? 11 .n4I PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter my appearance on behalf of the Defendants, Garry M. Failor and Merrilyn Failor and Paul E. Frye, Jr. and Darla J. Frye in the above captioned case. Respectfully Submitted, IRWIN & McKNIGHT, P.C. V 41 IG Douglas G. Miller; Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: 'q-2 (-tf CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: FIONA K. FADNESS, ESQUIRE 301 SOUTH HANOVER STREET CARLISLE, PA 17013 Date: -7 `- IRWIN & McKNIGHT, P.C. tov ? ? ?-= I ?I 14A- 00', I Le ON Douglas G. iller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 IRON TRIANGLE, LLC : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2011-1434 CIVIL TERM : QUIET TITLE GARRY M. and MERRILYN FAILOR, And PAUL E. and DARLA J. FRYE, JR.: Defendants. JURY TRIAL DEMANDED °` -mot Co ;z ::V "< (? Irv ` NOTICE TO PLEAD Ct3 3 You are hereby notified to file a written response to the enclosed Answer: w ith Nejv Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. IRWIN & McKNIGHT, P.C. Douglas C4 Miller, Esquire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendants Date: June 27, 2011 IRON TRIANGLE, LLC : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2011-1434 CIVIL TERM : QUIET TITLE GARRY M. gnd MERRILYN FAILOR, : And PAUL E. and DARLA J. FRYE, JR. : Defendants. JURY TRIAL DEMANDED ANSWER WITH NEW MATTER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT AND NOW this 27`h day of June, 2011, comes the Defendants, GARY M. FAILOR, MERRILYN D. FAILOR, PAUL E. FRYE, JR., and DARLA J. FRYE, by and through their attorneys, Irwin & McKnight, P.C., and respectfully file this Answer with New Matter and Counterclaim' to the Complaint of the Piaintiff, IRON TRIANGLE, LLC, and in support thereof aver as follows: L After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph one (1) of the Plaintiff's Complaint so they are therefore specifically denied and strict proof thereof is demanded at trial. 2. The averments of fact in paragraph two (2) are admitted. 3. The averments of fact in paragraph three (3) are admitted. 4. The Deed referenced in paragraph four (4) and attached as Exhibit "A" to Plaintiff's Complaint speaks for itself and therefore no response is required. To the extent that a response is required, any inference by Plaintiff that Defendants do not have valid life estate interests in their residences on the subject property is specifically denied and strict proof thereof is demanded at trial. 5. The Deed referenced in paragraph five (5) and attached as Exhibit "B" to Plaintiffs Complaint speaks for itself and therefore no response is required. To the extent that a response is required, any inference by Plaintiff that Defendants do not have valid life estate interests in their residences on the subject property is specifically denied and strict proof thereof is demanded at trial. 6. The Deed referenced in paragraph six (6) and attached as Exhibit "C" to Plaintiff's Complaint speaks for itself and therefore no response is required. To the extent that a response is required, any inference by Plaintiff that Defendants do not have valid life estate interests in their residences on the subject property is specifically denied and strict proof thereof is demanded at trial. 7. The Deed referenced in paragraph seven (7) and attached as Exhibit "D" to Plaintiff's Complaint speaks for itself and therefore no response is required. To the extent that a response is required, any inference by Plaintiff that Defendants do not have valid life estate interests in their residences on the subject property is specifically denied and strict proof thereof is demanded at trial. 8. The averments of fact in paragraph eight (8) are admitted. By way of further answer, at all relevant times herein Defendants were not paying rent but resided in their homes by virtue of their valid life estate interests. 9. The averments of fact in paragraph nine (9) are admitted. By way of further answer, at all relevant times herein Defendants were not paying rent but resided in their homes by virtue of their valid life estate interests. 2 10. The averments of fact in paragraph ten (10) are admitted. By way of further answer, Defendants do not just claim to have, but in fact do have valid life estate interests in their homes, and Plaintiffs representatives were informed of that fact prior to Plaintiff's purchase of the subject property. 11. The averments of fact in paragraph eleven (11) are admitted. By way of further answer, Defendants do not just claim to have, but in fact do have valid life estate interests in their homes, and Plaintiff's representatives were informed of that fact prior to Plaintiff's purchase of the subject property. 12. The averments contained in paragraph twelve (12) are denied as stated. It is admitted that an incomplete copy of one of the life estate agreements was sent to Plaintiff's legal counsel as the Executrix of the Estate of Robert W. Failor, Sr. had possession of the original, completed agreements. The remaining averments in paragraph twelve (12), including any inference that Plaintiff's Exhibit "B" was not signed by the Executrix, are specifically denied and strict proof thereof is demanded at trial. 13. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph thirteen (13) of the Plaintiff's Complaint so they are therefore specifically denied and strict proof thereof is demanded at trial. By way of further answer, the copy of the letter referenced by Plaintiff was not attached as part of Exhibit "F." 14. The averments contained in paragraph fourteen (14) are denied as stated. It is admitted that the original, completed life estate agreements in the possession of the Executrix of the Estate of Robert W. Failor, Sr., were copied and sent to Plaintiff's legal counsel along with 3 correspondence from the undersigned attorney. The remaining averments in paragraph fourteen (14), including any inference by Plaintiff that Defendants do not have valid life estate interests in their residences on the subject property, are specifically denied and strict proof thereof is demanded at trial. 15, The averments contained in paragraph fifteen (15) are denied as stated. It is admitted that the original, completed life estate agreements were not recorded in the Cumberland County Recorder of Deeds Office. The remaining averments in paragraph fifteen (15), including any inference by Plaintiff that Defendants do not have valid life estate interests in their residences on, the subject property, are specifically denied and strict proof thereof is demanded at trial. 16. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph sixteen (16) of the Plaintiff's Complaint so they are therefore specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendants are unaware of the identity of "Plaintiffs" as used that terns is used in paragraph sixteen (16), but upon information and belief Defendants assume that the real estate tax bills for the subject property are sent to Iron Triangle, LLC. 17. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph seventeen (17) of the Plaintiffs Complaint so they are therefore specifically denied and strict proof thereof is demanded at trial. By way of further answer, any inference by Plaintiff that Defendants do not have valid life estate interests in their residences on the subject property is specifically denied and strict proof thereof is demanded at trial. 4 18. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph eighteen (18) of the Plaintiff's Complaint so they are therefore specifically denied and strict proof thereof is demanded at trial. By way of further answer, a proper title search of the subject property should have included a search of the name of Robert W. Failor, Sr., whose estate was contested and resulted in multiple pleadings and causes of action filed in Cumberland County, Pennsylvania. The Order of Court resolving the Orphans' Court litigation specifically acknowledged that certain beneficiaries were to receive life estate interests in the subject property. Any inference by Plaintiff that Defendants do not have valid life estate interests in their residences on the subject property is also specifically denied and strict proof thereof is demanded at trial. 19. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph nineteen (19) of the Plaintiffs Complaint so they are therefore specifically denied and strict proof thereof is demanded at trial. 20. The averments contained in paragraph twenty (20) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. 21. The averments contained in paragraph twenty-one (21) are denied as stated. It is admitted that Plaintiff has continuously sought to have Defendants sign lease agreements for their homes and to pay rent to Plaintiff. The remaining averments in paragraph twenty-one (21), including any inference by Plaintiff that Defendants do not have valid life estate interests in their residences on the subject property, are specifically denied and strict proof thereof is demanded at trial. 5 22. The averments contained in paragraph twenty-two (22) are denied as stated. It is admitted that Plaintiff has continuously sought to have Defendants sign lease agreements for their homes and to pay rent to Plaintiff. The remaining averments in paragraph twenty-two (22), including any inference by Plaintiff that Defendants do not have valid life estate interests in their residences on the subject property, are specifically denied and strict proof thereof is demanded at trial. 23. The averments contained in paragraph twenty-three (23) are denied as stated. It is admitted that Plaintiff has continuously sought to have Defendants sign lease agreements for their homes and to pay rent to Plaintiff. The remaining averments in paragraph twenty-three (23), including any inference by Plaintiff that Defendants do not have valid life estate interests in their residences on the subject property, are specifically denied and strict proof thereof is demanded at trial. 24. The averments contained in paragraph twenty-four (24) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Defendants Gary M. Failor, Merrilyn D. Failor, Paul E. Frye, Jr. and Darla J. Frye respectfully request that this Honorable Court enter a judgment in their favor and against Plaintiff in this matter, together with attorney fees, costs, and such other and further relief as this Court deems just. NEW MATTER 25. The averments contained in the Answers to the Complaint are hereby incorporated by reference and are made part of this New Matter to the Complaint of the Plaintiff. 6 26. Plaintiff had previously been informed by Defendants of the existence of their life estate interests in their residences on the subject property. 27. Plaintiff had also previously been informed by prior owners of the subject property of the Defendants' life estate interests in their residences on the subject property. 28. Robert W. Failor a/k/a Robert W. Failor, Sr. was the father of Defendant Gary M. Failor and Darla J. Frye, and was also a prior record owner of the subject property as well as owner/operator of the former Failor's Salvage Yard business located on the subject property. 29. In addition to the salvage yard business and associated office building, the subject property when owned by Robert W. Failor, Sr. also contained a separate house structure and multiple mobile homes. 30. One of the mobile homes is owned by Defendant Gary M. Failor, and he and his wife have resided in that mobile home since approximately 1974. 31. While his parents were alive, Defendant Gary M. Failor paid rent of $25.00 per month to his father for the lease of the ground on which his mobile home and associated outbuildings are located. 32. After the passing of Robert W. Failor, Sr. on November 6, 2000, Defendants Darla J. Frye and her husband, Paul E. Frye, Jr. subsequently moved into the main residence located on the subject property, and Defendant Gary M. Failor ceased paying rent. 33. The administration of the Estate of Robert W. Failor a/k/a Robert W. Failor, Sr., was highly contested and resulted in multiple pleadings and causes of action filed in Cumberland 7 County, Pennsylvania, including a civil complaint docketed at No. 2001 - 2239, and Orphan's Court litigation docketed at No. 21 - 01 -- 0013. 34. Ultimately, on July 12, 2002, an Opinion and Order of Court resolving the litigation involving the Estate of Robert W. Failor a/k/a Robert W. Failor, Sr. was signed by the Honorable Kevin A. Hess, and docketed in the Orphans' Court action. A true and correct copy of the filed Opinion and Order of Court is attached hereto and incorporated herein as Exhibit "A 35. As part of the Opinion and Order of Court attached hereto Exhibit "A," Judge Hess adopted as fact that the children of Robert W. Failor a/k/a Robert W. Failor, Sr. had a meeting on January 3, 2001, that two (2) of the Decedent's sons would purchase "that portion of the real estate on which the decedent's salvage yard business is located." 36. Also as part of the Opinion and Order of Court attached hereto Exhibit "A," Judge Hess adopted as fact that the children of Robert W. Failor a/k/a Robert W. Failor, Sr. in exchange "would either receive payment in the amount of $25,000.00 or life estates in the real estate in full satisfaction of their respective interests as decedent's beneficiaries." 37. In accordance with the Opinion and Order of Court attached hereto as Exhibit "A" acknowledging the prior agreement of the beneficiaries, the Executrix for the Estate of Robert W. Failor a/k/a Robert W. Failor, Sr. ultimately signed agreements on or about July 9, 2003, granting life estate interests to each of the Defendants. 38. At all relevant times herein since the passing of Robert W. Failor, Sr., Defendants have occupied their respective residences located on the subject property, without paying any rent, in accordance with their life estate interests. 8 39. Prior to the Plaintiff's purchase of the salvage yard business, its representatives and/or owners were informed of the existence of the life estate agreements for the Defendants. 40. Upon information and belief, at the time that Plaintiff purchased the subject property and salvage yard business, no adjustment was made on the appropriate settlement sheet for any rent or security deposits as Defendants did not lease their homes. 41. Nevertheless, on or about January 20, 2010, Plaintiff's legal counsel sent letters to the Defendants demanding that lease agreements be signed and rent be paid to Plaintiff. A true and correct copy of the letter dated January 20, 2010, and sent to Defendants Garry M. and Merrilyn Failor is attached hereto and incorporated herein as Exhibit "B." 42. Plaintiffs legal counsel specifically states in her correspondence attached as Exhibit "B" that the Plaintiff was informed "during the settlement of this property" that certain "'lifetime' leases" were in existence. 43. In response, the undersigned sent correspondence to Plaintiff's legal counsel affirming the existence of the Defendants' valid life estate interests, pointing out that her own letter affirmed the knowledge by Plaintiff of such interests, and refusing the offer of a lease document. A true and correct copy of the correspondence dated March 4, 2010, is attached hereto and incorporated herein as Exhibit "C." 44. 21 P.S. §351 provides that in addition to the recording of the actual document creating an interest in real estate, actual or constructive notice shall also be sufficient. 45. Plaintiff in this matter had both actual and constructive notice of the life estate interests of the Defendants in this matter. 9 46. Plaintiff has also filed suit in the local Magisterial District Office on at least three (3) separate occasions against one or more of the Defendants, attempting at least in part to evict them from their homes. 47. All such prior legal filings were resolved against the Plaintiff. 48. Plaintiff's Complaint fails to state claims or causes of action upon which relief can be granted. WHEREFORE, Defendants Gary M. Failor, Merrilyn D. Failor, Paul E. Frye, Jr. and Darla J. Frye respectfully request that this Honorable Court enter a judgment in their favor and against Plaintiff in this matter, together with attorney fees, costs, and such other and further relief as this Court deems just. COUNTERCLAIM 49. The averments contained in the Answers and New Matter to the Complaint are hereby incorporated by reference and are made part of this Counterclaim to the Complaint of the Plaintiff. 50. Despite these clear wording of 21 P.S. §351 with regard to actual and constructive notice of life estate interests, Plaintiff persists in filing multiple legal proceedings against the Defendants in an attempt to force them to move from their long held residences. 51. Plaintiff, by his own attorney's letter, admits that its representatives and/or officers were aware of the life estate interests held by the Defendants. 10 52. Plaintiff's continued actions in filing this matter and as detailed above are therefore arbitrary, obdurate, vexatious, serving no legitimate purpose, and/or undertaken in bad faith under Pennsylvania law. WHEREFORE, Defendants Gary M. Failor, Merrilyn D. Failor, Paul E. Frye, Jr. and Darla J. Frye respectfully request that this Honorable Court enter a judgment in their favor and against Plaintiff in this matter, together with attorney fees, costs, and such other and further relief as this Court deems just. Respectfully Submitted, IRWIN & McKNIGHT, P.C. By: Douglas Miller, Esquire Supreme Court ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendants Dated: June 27, 2011 11 VERIFICATION The foregoing document is based upon information which has been gathered by our counsel and ourselves in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. ZA1 GARRY . FAIL RRIL Y. F LOR ,,Ytkv Date: June 27, 2011 VERIFICATION The foregoing document is based upon information which has been gathered by our counsel and ourselves in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unworn falsification to authorities. PA E. FR"7. jj,&, C-oT&4'a-11 DARLA J. RY Date: June 27, 2011 •-s IN RE: ESTATE OF ROBERT W. IN THE COURT OF COMMON PLEAS OF' 1 FAILOR a/k/a ROBERT CUMBERLAND COUNTY, PENNSYLVANIA W. FAILOR, SR. ORPHANS' COURT DIVISION NO. 21-01-0013 IN RE: PETITION TO REMOVE CO-EXECUTOR AND PETITION TO RESOLVE DISPUTE BETWEEN PERSONAL REPRESENTATIVES BEFORE HESS, J. ORDER AND NOW, this 2 -4 day of July, 2002, Robert W. Failor, Jr., is herewith removed as co-executor of the estate of Robert W. Failor, Sr., deceased, and Gwen A. Hippensteel is appointed as sole executor. The petition of Robert W. Failor, Jr., and Ross H. Failor, to resolve disagreement between co-executors is DISMISSED as moot. BY THE COURT, Mark Halbruner, Esquire For the Petitioners Roger B. Irwin, Esquire Douglas G. Miller, Esquire For the Respondents rlm Kevin . Hess, J. A TRUE COPY FROM RECORD In Testimony wherol, I hereunto set my hand and the seal a o IN RE: ESTATE OF ROBERT W. IN THE COURT OF COMMON PLEAS OF FAILOR a/k/a ROBERT CUMBERLAND BOUNTY, PENNSYLVANIA W. FAILOR, SR. ORPHANS' COURT DIVISION NO. 21-01-0013 IN RE: PETITION TO REMOVE CO-EXECUTOR AND PETITION TO RESOLVE DISPUTE BETWEEN PERSONAL REPRESENTATIVES BEFORE HESS, J. OPINION AND ORDER This litigation involves a dispute over the administration of the estate of Robert W. Failor, Sr. Letters Testamentary were granted to two of the decedent's children named as co- executors in his Will; namely, Robert Failor, Jr. and Gwen Hippensteel. Mr._ Failor's heirs are his seven children. They met on January 3, 2001, to discuss the disposition of their father's estate which included a salvage business and associated real estate on Crossroads School Road in West Pennsboro Township, Cumberland County. At the meeting, it was decided that the business and property would be conveyed to Steven Failor who would pay his siblings their share of the value of the estate. These monies were tendered almost immediately. On April 17, 2001, Robert W. Failor, Jr., one of the co-executors, along with his brother Ross, brought an action in equity at Cumberland County docket number 01-2239 Equity seeking to enjoin their brother Steven from entering on to the decedent's real property to operate the family salvage business and to enjoin him from constructing a home on the premises. A hearing was held on the matter of preliminary injunctive relief in May of 2001 and the petition was denied. Subsequently, Gwen Hippensteel filed a petition to remove Robert Failor, Jr., as co- executor. Robert and Ross Failor, in turn, have filed a petition to resolve the disagreement e NO. 21-01-0013 between the co-executors over disposition of decedent's real estate and business assets. Both matters were joined for hearing. Following hearings in April of 2002, post-trial memoranda were filed by the parties. We ate satisfied that the findings of fact proposed by petitioner Hippensteel are amply supported by the record and we adopt them in pertinent part as follows: 1. Robert W. Failor a/k/a Robert W. Failor, Sr. ("Decedent") died November 6, 2000, survived by his seven children, Robert W. Failor, Jr., Gwen A. Hippensteel, Gary M. Failor, Sr., Steven A. Failor, Ross H. Failor, Sr., Darla J. Frye, and Vincent S. Failor. 2. Letters Testamentary were granted on January 4, 2001, to two of decedent's children, Robert W. Failor, Jr. and Gwen A. Hippensteel, by the Register of Wills of Cumberland County, Pennsylvania, in accordance with Paragraph Five of decedent's Last Will and Testament. 3. On January 3, 2001, decedent's seven children met at the law offices of Irwin, McKnight & Hughes to discuss and agree upon the disposition of the estate assets and payment of the estate obligations. 4. In addition to decedent's seven children, attorneys Roger B. Irwin and H. Kay Dailey were present. Steven W. Barrett Real Estate & Appraisal Services had performed an appraisal of the decedent's real estate as of the date of death and determined the value to be $133,000.00. 6. At the said meeting on January 3, 2001, decedent's seven children agreed that, among other things, Steven A. Failor would purchase the decedent's real estate, and that Vincent S. Failor would join in the purchase of that portion of the real estate on which the decedent's salvage yard business is located. 2 I , 1 , NO. 21-01-0013 7. After negotiations, the seven beneficiaries agreed that they would either receive payment in the amount of $25,000.00 or life estates in the real estate in full satisfaction of their respective interests as decedent's beneficiaries. 8. In addition, the parties agreed that Steven A. Failor would pay the estate's inheritance taxes, costs of administration, and all outstanding taxes and other bills. 9. Attorney H. Kay Dailey specifically asked each of the seven children if they agreed with the terms of the family settlement agreement and each beneficiary responded affirmatively. 10. Following the meeting on January 3, 2001, Steven A.-Failor paid the principal sum of $35,500.00 towards the existing inheritance taxes, costs of administration, outstanding taxes and other bills of decedent's estate, which sums have in fact been used to pay the existing and continuing inheritance taxes, costs of administration, and outstanding bills. 11. Following the meeting on January 3, 2001, Steven A. Failor delivered checks, each in the amount of $25,000.00, to respondent Robert W. Failor, Jr. and Ross H. Failor. 12. Respondents subsequently refused acceptance of the checks from Steven A. Failor. 13. On January 20, 2001, Attorney H. Kay Dailey sent correspondence on behalf of the co-executor, Robert W. Failor, Jr., to Attorney Irwin in order to memorialize the agreements reached at the meeting of the beneficiaries on January 3, 2001. 14. Attorney Irwin subsequently prepared both the Pennsylvania Inheritance Tax Return and the applicable deeds to transfer the decedent's real estate in accordance with the family settlement agreement, and forwarded the same to Attorney Dailey for her review. 15. Attorney Dailey requested that certain minor changes be made to the documents. Those changes were prepared by Attorney Irwin. 3 6 NO. 21-01-0013 16. Following the meeting on January 3, 2001, and in reliance on the family settlement agreement, Steven A. Failor and Vincent S. Failor expended significant sums in order to accomplish the following: a, Remove numerous salvage vehicles and other debris from the real estate in order to clean the property and bring it into compliance with its salvage license; b. Remove numerous tires and other debris from the real estate in order to bring it into compliance with applicable environmental-regulations; and c. Improve, modernize and expand the salvage yard's office building and garage. 17. Following the meeting on January 3, 2001, and in reliance on the family settlement agreement, Steven A. Failor expended significant sums to construct a residence on the real estate. 18. In reliance on the contract and family settlement agreement, beneficiary Darla J. Frye and her family moved into the decedent's residence on the salvage yard property. 19. On April 17, 2001, respondent Robert W. Failor, Jr. and Ross H. Failor, as a co- executor and as a beneficiary respectively, filed a "Complaint/Petition for Injunction" against petitioner and Steven A. Failor in the Court of Common Pleas of Cumberland County at Civil Docket No. 2001-2239. 20. The "Complaint/Petition for Injunction" sought, among other things, a new family settlement agreement with the real estate to be transferred to the new highest bidder, an injunction against Steven A. Failor and his agents and employees, enjoining their entry onto the 4 NO. 21-01-0013 real estate, and a direction to petitioner "to cooperate with Robert W. Failor, Jr. to obtain the best results financially from the estate of her father." 21. Following a lengthy hearing on May 30, 2001, this court issued an Opinion and Order on August 2, 2001, denying the request for a preliminary injunction. 22. Only after the denial of the request for a preliminary injunction did respondent Robert W. Failor, Jr. and Ross H. Failor obtain the services of Leon D. Gerlach to perform a subsequent appraisal of the decedent's real estate. 23. The appraisal was performed by Mr. Gerlach on September 18, 2001, ten months after the decedent's death, and subsequent to the significant clean-up and improvement of the salvage yard, the office and the garage. 24. The appraisal performed by Mr. Gerlach is only $92,000.00 more than the initial appraisal performed by Steven W. Barrett Real Estate & Appraisal Services and $63,720.00 less than the Cumberland County tax assessment relied upon by respondent and Ross H. Failor at their preliminary injunction hearing. 25. Following the denial of the preliminary injunction by this court, the gross and net income of the salvage yard has steadily declined. 26. Following the denial of the preliminary injunction by this court, the Pennsylvania State Police have responded on several occasions to anonymous complaints involving the operation of the salvage yard. 27. Following the denial of the preliminary injunction by this court, the Pennsylvania Department of Transportation withdrew the salvage yard's dealership license, following telephone calls from respondent's wife, Kaye N. Failor. a NO. 21-01-0013 28. Following the denial of the preliminary injunction by this court, the Pennsylvania Department of Environmental Protection visited the salvage yard in response to an anonymous complaint of tires being burned at the property. 29. Although no evidence of tire burning was discovered, the Pennsylvania DEP has issued a directive to the co-executors and to Steven A. Failor to remove at least 300 tires per month until all waste tires have been removed. 30. Respondent has refused and continues to refuse to sign deeds transferring the decedent's real estate to Steven A. Failor and Vincent S. Failor. 31. Respondent has refused and continues to refuse to sign the required Pennsylvania Inheritance Tax Return for decedent's estate, even though it has been prepared in accordance with the suggested changes of his initial legal counsel. 32. The Pennsylvania Department of Revenue may assess interest and penalties for the inability to file an Inheritance Tax Return. 33. Respondent Robert W. Failor, Jr., has admitted both in testimony and in his own "Complaint/Petition for Injunction" that he and the petitioner have been unable to cooperate in finalizing the estate of the decedent. DISCUSSION Even though a family settlement agreement is entirely oral, it is valid if properly proven. In re Estate of Brojack, 321 Pa.Super. 154, 164-165, 467 A.2d 1175, 1181 (1983). The existence of a family settlement agreement must be shown by clear and unambiguous evidence; the agreement must be binding on all parties. Id. at 160-61, 467 A.2d at 1179. Furthermore, family settlement agreements are favored in this Commonwealth because they are an attempt to avoid 6 NO. 21-01-0013 potentially divisive litigation. Id. at 160, 467 A.2d at 1179. We are satisfied that a valid family agreement exists in this case. The agreement was described in our foregoing findings of fact. It should be noted that the heirs, who now object to the agreement, were represented by separate counsel, Kay Dailey, at the family meeting. At the hearing of this case, Attorney Roger B. Irwin, Esquire, described the agreement in considerable detail. Robert and Ross Failor now object to the agreement because the most recent appraisal valued the estate at $225,000. This, of course, is only after Steven Failor has expended considerable effort in clean-up and improvement. When questioned by the court, Mr. Irwin gave the following answers with respect to the valuation of the estate and to the wisdom of the family agreement. Q .....[Y]ou arrived at the expenses of the estate at $35,500, am I correct? A That's correct. Q And am I right under the law ... that if the property had not been sold to one of these children but had been sold on the open market, the child would receive the value of the estate, minus $35,500, divided by seven, right? A That's correct. Q Okay. So my math indicates that in order for them each to receive $25,000.00, the value of the estate has to be at least $210,500.00. A That's correct. And may I just make one explanation? The problem that was the [sic] big scare was the environmental problem. When I discovered that 7 NO. 21-01-0013 they had all these hundreds of vehicles and motors and things like that, the whole question of putting this up on the open market was an impossibility. And when they told me the family is going to -- somebody in the family will take this, that was a big relief to me, because there was no way possible we could have sold this property on the open market and gotten any kind of money for it. It couldn't be done today even with what's been done. Q Even today? A Even today. It is an environmental problem. As DEP is already saying with all these tires. So that's why I thought in my experience this was a wonderful way to settle it. And I thought everybody was satisfied and happy. So we proceeded on that basis. We see nothing in the current proposals of Robert and Ross Failor which put the heirs any further ahead than they would be under the terms of the family agreement. In the meantime, as co-executor, Robert Failor, Jr. has been unwilling to perform his fiduciary duty. He has refused to sign the Pennsylvania Inheritance Tax Return form which has since passed a nine- month filing deadline. The grounds for removing an executor are governed by 20 Pa.C.S.A. Section 3182. Pertinent to this case are the grounds which appear at Section 3182(1) and (5). Specifically, the court shall have exclusive power to remove a personal representative when he: (1) is wasting or mismanaging the estate, is or is likely to become insolvent, or has failed to perform any duty imposed by law; or (5) when, for any other reason, the interests of the estate are likely to be jeopardized by his continuance in office. NO. 21-01-0013 The removal of a personal representative chosen by a testator is, of course, a drastic action which should be taken only when the estate within the control of such a personal representative is endangered. In re Beichner's Estate, 432 Pa. 150, 156, 247 A.2d 779, 782 (1968). To justify the removal of a testamentary personal representative, the proof of the cause for such removal must be clear. Id. The mere existence of animosity between Robert Failor and Gwen Hippensteel is not enough, of course, to justify the removal of an executor. However, when animosity has an adverse affect', on the estate or the rights of any beneficiaries, removal is justified. Id. at 157, 247 A.2d at 782. There is clearly more than mere animosity in this case. Mr. Failor has his own, although at best unclear, proposal for the disposition of the estate. He has enmeshed the estate in substantial litigation in an attempt to upset a disposition of the estate to which he had earlier agreed. He has failed to sign tax returns, all to the detriment of the remaining beneficiaries. He has tied the administration of this estate into something of a Gordian knot, which can be cut only by his removal. ORDER AND NOW, this / 7-'o day of July, 2002, Robert W. Failor, Jr., is herewith removed as co-executor of the estate of Robert W. Failor, Sr., deceased, and Gwen A. Hippensteel is appointed as sole executor. The petition of Robert W. Failor, Jr., and Ross H. Failor, to resolve disagreement' between co-executors is DISMISSED as moot. BY THE COURT, 9 I. NO. 21-01-0013 Mark Halbruner, Esquire For the Petitioners Roger B. Irwin, Esquire Douglas G. Miller, Esquire For the Respondents Am 10 P.O. BOX 16 CARLISLE, PA 1.7013 (717) 991-1382 January 20, 2010 Garry M. and Merrilyn Failor 456 Crossroad School Roa(l Carlisle, PA 17015 Re: Residential Lease Dear Mr. and Mrs. Fa ilor: Please be advised th;:it I have been retained by Iron Triangle LLC, d/b/a West Pennsboro Auto Wreckers. Enclosed you will find a residential lease for the premises, in which you currently reside, for execution. It is my understanding that you have alleged thews exists a "lifetime" lease on this property with no obligation to pay any rent. However, upon thorough investigation and searching at the Cum berland County Courthouse, there exists no such Document. I have been in contact with Roger Irwin, Esq. to see if he had an executed copy of the lease which you have referred. An executes copy of said lease was unable to be obtained. Additionally, during the settlement of this property, Iron Triangle, LLC requested documentation that this "lifetime" lease existed, and no documentation was provided at settlement. Therefore, it is the position of Iron Triangle, LLC, that th(ire is no "lifetime" lease as it did not purchase said property with notice of said lease. It is not the intention cf iron "triangle LLC to request that you vacate said property, but that a lease be executed to a;nsure that both parties understand the obligation of each other and that a more than fair rent be paid for the lease of said premises. Iron Triangle LLC believes it is being more than fair to placE the monthly rental payment at two hundred and fifty dollars. Please review the enclosed lease, consult with your attorney and execute the lease where indicated with a witness signature where indicated and return it to me in the enclosed self addressed and stamped envelope. Additionally, all personal property must be removed from the property of Iron Triangle, LLC, specifically the personal property in the truck trailer adjacent to your residence. Thank you in advance for your attention to this matter. Should you have, any questions, please feel free to contact me at (717) 991-1382. Kind regards, Fiona K. Line, Esq. . 1' ? .. LAW OFFICES IRWIN & McKNIGHT, P. C. March 4, 2010 ROGER B. IRWIN MARCUS A. McKiVIGHT, III DOUGLAS G. MILLER SYEPHEtYL BLOOM MATTHEW A. McKNIGHT FIONA K. LINE, ESQUIRE P.O. BOX 16 CARLISLE, PA 17013 RE: ESTATE OF ROBERT W. FAILOR, SR. GARY M. FAILOR and MERRILYN M. FAILOR PAUL E. FRYE, JR. and DARLA J. FRYE Dear Attorney Line: As you should already be aware, our firm represented the Estate of Robert W. Failor, Sr. and was involved in the administration and associated litigation involving the heirs of the estate. You previously spoke with. Attorney Roger Irwin of our firm, who informed you that Mr. and Mrs. Gary Tailor and Mr. and Mrs. Paul E. Frye, Jr. were not tenants at the property now owned by your client, Iron Triangle, LLC. As part of the prior resolution of the estate, they were permitted to continue to reside on the property owned by Mr. Robert W. Failor, Sr., and in the settlement of the Orphans' Court litigation they were granted life estate interests in their homes. Despite being provided with this information, however, you apparently sent letters to the Failors and Fryes requesting that they execute Residential Lease Agreements. In your correspondence dated January 20, 2010, you correctly note that life estate agreements have not been recorded in the Cumberland County Recorder of Deeds office. However, in the same correspondence you also expressly reference your client's knowledge at the time of settlement of the presence of the Failors and Fryes. Furthermore, both homes are accessed by the same driveway utilized for the business located on the property. Your client therefore had actual and/or constructive knowledge of the presence of the Failors and Fryes as well as the fact that they were not paying any type of rent. Under clearly established legal precedent, either actual or constructive' knowledge of the existence of the life estates is sufficient for them to be binding upon a successive purchaser. WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANIA 17013-3222 (717) 249-2353 FAX (717) 249-6354 WWW.IRWINMCKNIGHT. COM HAROLD S. IRW1N (1925-1977) HAROLD S. IRWIN, JR (1954-1986) IRWBV, IRWIN & IRWDV (1956-1986) IRWIN. IRWRV & McKNIGHT (1986-1994) IRWBV. McKNIGHT & HUGHES (1994-2003) IRM & McKNIGHT (1003-1008) f/?? ?,oPr By your own admissions, your client was told of the life estate arrangements prior to the purchase of the business. would also expect that at the time of settlement there was not any proration of rent, transfer of security deposits, or assignment of leases, all of which would be standard in the sale of real estate encumbered by leases. Furthermore, the Executrix has provided her copies of the signed agreements with the Failors and Fryes, copies of which are enclosed for your additional reference. Given these facts, there is no basis under Pennsylvania law to proceed with any claims that the parties are leasing their homes or are holdover tenants. FIONA K. LINE, ESQUIRE RE: FAILOR and FRYE March 4, 2010 Page 2 of 2 In light of the above, if your client persists in pursuing this matter, I will be recommending that the Failors and Fryes ultimately initiate wrongful use of civil proceedings and/or abuse of process claims. This correspondence shall serve as notice to both you and your client of the reservation of all future claims that may accrue under the Pennsylvania "Dragonetti" Statute. Such legal actions would entitle them to seek reimbursement for their damages and attorney fees expended to defend the frivolous assertions of you client. I trust that such legal action will not prove necessary. In the event that you have any additional questions or concerns, however, please do not hesitate to contact me. Very truly yours, IRWIN & McKNIGHT, P.C. Dougl G. Miller DGM:tds Enclosures cc: Paul B. Orr, Esquire Mr. and Mrs. Paul E. Frye, Jr. Gwen A. Hippensteel, Executrix CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by facsimile or first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: FIONA K. FADNESS, ESQUIRE 301 SOUTH HANOVER STREET CARLISLE, PA 17013 Date: June 27, 2011 IRWIN & McKNIGHT, P.C. 741-1? t Douglas. Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Fiona K. Fadness, Esquire Attorney I.D. No. 65283 301 South Hanover Street Carlisle, PA 17013 Telephone: (717) 243-4711 Facsimile: (717) 243-9113 Email: fklesquiregaol.com Attorney for Plaintiff IRON TRIANGLE LLC, Plaintiff GARRY M. AND MERRILYN FAILOR, AND PAUL E. AND DARLA J. FRYE, JR., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA QUIET TITLE NO. 2011-1434 CIVIL TERM C-3 c -? 3 rn zM t_a rn -0 ANSWER TO NEW MATTER AND COUNTERCLAIM NEW MATTER r -a N r ri AND NOW comes Plaintiff, IRON TRIANGLE LLC, by and through its attorney, Fiona K. Fadness, Esq., and states the following in response to the New Matter and Counterclaim: 25. The averments contained in the Complaint and answers to the Complaint are hereby incorporated by reference and are made part of the Answer to New Matter to the Complaint of the Plaintiff. 26. The averments of fact in paragraph twenty-six (26) are denied as stated. It is admitted that Plaintiff had been informed by Defendants that they claimed to have a life estate interest in their residences on the subject property after the purchase of the subject property. It is denied that Defendants informed Plaintiff of their claim to a life estate prior to Plaintiff's purchase of the subject property. By way of further answer, Plaintiff was not provided with an executed copy of the document which Defendants allege provide them with a life estate until after Plaintiff started to inquire about the claimed life estate. Additionally, any inference by Defendants that Defendants have valid life estate interests in their residences on the subject property is specifically denied and strict proof thereof is demanded at trial. -r, m -o ? C) ° --a C? r -n o-n ??t 27. The averments of fact in paragraph twenty-seven (27) are denied as stated. It is admitted that Plaintiff had been informed by the prior owners that the Defendants claimed to have a life estate interest in the residence on the subject property. It is denied that the prior owners provided any documentation or proof to evidence any life estate interests existed. By way of further answer, any inference by Defendants that Defendants have valid life estate interests in their residences on the subject property is specifically denied and strict proof thereof is demanded at trial. 28. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph twenty-eight (28) of the Defendants' New Matter so they are therefore specifically denied and strict proof thereof is demanded at trial. 29. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph twenty-nine (29) of the Defendants' New Matter so they are therefore specifically denied and strict proof thereof is demanded at trial. 30. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph thirty (30) of the Defendants' New Matter so they are therefore specifically denied and strict proof thereof is demanded at trial. 31. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph thirty-one (31) of the Defendants' New Matter so they are therefore specifically denied and strict proof thereof is demanded at trial. 32. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph thirty-two (32) of the Defendants' New Matter so they are therefore specifically denied and strict proof thereof is demanded at trial. By way of further answer, any inference by Defendants that Defendants have valid life estate interests in their residences on the subject property is specifically denied and strict proof thereof is demanded at trial. 33. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph thirty-three (33) of the Defendants' New Matter so they are therefore specifically denied and strict proof thereof is demanded at trial. By way of further answer, the civil complaint and Orphan's Court litigation documentation referenced to in paragraph thirty-three (33) speak for themselves and therefore no response is required. 34. The Order referenced in paragraph thirty-four (34) and attached as Exhibit "A" to Defendants' New Matter speaks for itself and therefore no response is required. By the way of further answer, any inference by Defendants that Defendants have valid life estate interests in their residences on the subject property is specifically denied and strict proof thereof is demanded at trial. 35. The Order referenced in paragraph thirty-five (35) and attached as Exhibit "A" to Defendants' New Matter speaks for itself and therefore no response is required. By way of further answer, any inference by Defendants that Defendants have valid life estate interests in their residences on the subject property is specifically denied and strict proof thereof is demanded at trial. 36. The Order referenced in paragraph thirty-six (36) and attached as Exhibit "A" to Defendants' New Matter speaks for itself and therefore no response is required. By way of further answer, any inference by Defendants that Defendants have valid life estate interests in their residences on the subject property is specifically denied and strict proof thereof is demanded at trial. 37. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph thirty-seven (37) of the Defendants' New Matter so they are therefore specifically denied and strict proof thereof is demanded at trial. By way of further answer, the agreements referenced to in paragraph thirty-seven (37) are not notarized so as to prove when the agreements were, in fact, signed. Additionally, any inference by Defendants that Defendants have valid life estate interests in their residences on the subject property is specifically denied and strict proof thereof is demanded at trial. 38. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph thirty-eight (38) of the Defendants' New Matter so they are therefore specifically denied and strict proof thereof is demanded at trial. By way of further answer, any inference by Defendants that Defendants have valid life estate interests in their residences on the subject property is specifically denied and strict proof thereof is demanded at trial. 39. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph thirty-nine (39) of the Defendants' New Matter so they are therefore specifically denied and strict proof thereof is demanded at trial. By way of further answer, it is admitted that Plaintiff had been informed by the prior owners that the Defendants claimed to have a life estate interest in the residence on the subject property. It is denied that the prior owners provided any documentation or proof to evidence any life estate interests existed. Additionally, any inference by Defendants that Defendants have valid life estate interests in their residences on the subject property is specifically denied and strict proof thereof is demanded at trial. 40. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph forty (40) of the Defendants' New Matter so they are therefore specifically denied and strict proof thereof is demanded at trial. By way of further answer, any inference by Defendants that Defendants have valid life estate interests in their residences on the subject property is specifically denied and strict proof thereof is demanded at trial. 41. The letter referenced in paragraph forty-one (41) and attached as Exhibit "B" to Defendants' New Matter speaks for itself and therefore no response is required. 42. The letter referenced in paragraph forty-two (42) and attached as Exhibit 111311 to Defendants' New Matter speaks for itself and therefore no response is required. To the extent a response is required, any inference by Defendants that the letter from Plaintiff's attorney stated that Plaintiff was informed that certain lifetime leases were in existence is specifically denied. By way of further answer, it is admitted that Plaintiff was informed that the Defendants claimed that they had lifetime leases in the residence on the subject property but that no proof was offered as evidence of the lifetime leases. Additionally, any inference by Defendants that Defendants have valid life estate interests in their residences on the subject property is specifically denied and strict proof thereof is demanded at trial. 43. The letter referenced in paragraph forty-three (43) and attached as Exhibit "C" to Defendants' New Matter speaks for itself and therefore no response is required. To the extent a response is required, any inference by Defendants that Plaintiff had knowledge of any valid life estate interests is specifically denied and strict proof thereof is demanded at trial. Additionally, any inference by Defendants that Defendants have valid life estate interests in their residences on the subject property is specifically denied and strict proof thereof is demanded at trial. 44. The averments contained in paragraph forty-four (44) are conclusions of law to which no response is required. By way of further answer, any inference by Defendants that Defendants have valid life estate interests in their residences on the subject property is specifically denied and strict proof thereof is demanded at trial. 45. The averments contained in paragraph forty-five (45) are conclusions of law to which no response is required. By way of further answer, any inference by Defendants that Defendants have valid life estate interests in their residences on the subject property is specifically denied and strict proof thereof is demanded at trial. 46. The averments contained in paragraph forty-six (46) are conclusions of law to which no response is required. To the extent a response is required, any inference by Defendants that Plaintiff attempted to evict them from their homes is specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff specifically denies filing suit in the local Magisterial District Office on three (3) separate occasions against one or more of the Defendants. Plaintiff does admit to filing suit in the local Magisterial District Office on two (2) separate occasions with regard to personal property issues. 47. The averments contained in paragraph forty-seven (47) include conclusions of law to which no response is required. To the extent a response is required, it is admitted that Plaintiff did not receive a resolution in favor of Plaintiff and against Defendant but neither did Defendant receive a resolution in favor of Defendant against Plaintiff for any counterclaim(s). 48. The averments contained in paragraph forty-eight (48) are conclusions of law to which no response is required. To the extent a response is required, any inference by Defendants that Plaintiff does not state a claim or cause of action upon which relief can be granted is specifically denied. By way of further answer, according to Pennsylvania Rules of Civil Procedure 1061, actions to quiet title "determine any right, lien, title or interest in the land or determine the validity or discharge of any document, obligation or deed affecting any right, lien, title or interest in land". Additionally, the purpose of a quiet title action is to resolve a conflict over an interest in real property. COUNTERCLAIM 49. The averments contained in the Answers to New Matter to the Complaint are hereby incorporated by reference and are made part of the Answers to the Counterclaim to the Complaint of the Plaintiff. 50. The averments contained in paragraph fifty (50) are conclusions of law to which no response is required. To the extent a response is required the averments contained in paragraph fifty (50) are specifically denied and strict proof thereof is demanded at trial. Additionally, the averments that Plaintiff persists in filing multiple legal proceedings against the Defendants in an attempt to force them to move from their long held residences is specifically denied and strict proof thereof is demanded at trial. 51. The averments contained in paragraph fifty-on (51) are denied as stated. It is denied that any inference by Defendants that Plaintiff was informed that certain lifetime leases were in existence is specifically denied. By way of further answer, it is admitted that Plaintiff was informed that the Defendants claimed that they had lifetime leases in the residence on the subject property but that no proof was offered as evidence of the lifetime leases. Additionally, any inference by Defendants that Defendants have valid life estate interests in their residences on the subject property is specifically denied and strict proof thereof is demanded at trial. 52. The averments contained in paragraph fifty-two (52) are conclusions of law to which no response is required. To the extent a response is required the averments contained in paragraph fifty-two (52) are specifically denied and strict proof thereof is demanded at trial. WHEREFORE, Plaintiff, Iron Triangle LLC respectfully requests that this Honorable Court enter a judgment in its favor and against Defendant in this matter, and such other and further relief as this Court deems just. Respectfully submitted, Dated Jul 15 2011 ?d- iona K. Fadness, Esquire Attorney I.D. No. 65283 301 South Hanover Street Carlisle, PA 17013 Telephone: (717) 243-4711 IRON TRIANGLE LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA GARRY M. AND MERRILYN QUIET TITLE FAILOR, AND PAUL E. AND NO. .70 1 / - / 4/31-l 0a : l Tc ^M DARLA J. FRYE, JR., Defendants VERIFICATION I, Daniel Emery, Member of Iron Triangle, LLC, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn verification to authorities. Iron Trian le, LLC By: Daniel Emery, l mber IRON TRIANGLE, LLC, Plaintiff V. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY M. FAILOR & MERRILYN NO. 2011-1434 CIVIL - FAILOR AND PAUL E. FRYE, JR. "-A' ? c4: c:a AND DARLA J. FRYE M ORDER OF COURT AND NOW, this 20TH day of OCTOBER, 2011, a pret7i4l conference in the above captioned matter is SCHEDULED for ?)Mhot? A in Courtroom # 3 of the undersigned judge, Cumberland County Courthouse, Carlisle, C? iar'r's_I Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five (5) days prior to the pretrial conference. B e Cour , Edwar E. Guido, J. ? FIONA K. FADNESS, ESQUIRE ? DOUGLAS G. MILLER, ESQUIRE COURT ADMINISTRATOR-in CP ( : sld ll??? 0 IRON TRIANGLE, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA GARRY M. & MERRILYN r-n FAILOR: rrn ? ?r- w AND PAUL E. & DARLA J. ° rn FRYE, JR., QUIET TITLE r CO C-Ji c Defendants NO. 2011-1434 CIVIL TE iF CD IN RE : PRETRIAL CONFERENCE A pretrial conference was held on Monday, November` 14, 2011, before the Honorable Edward E. Guido, Judge. Present for the Plaintiff was Fiona K. Fadness, Esquire, and present for the Defendants was Douglas G. Miller, Esquire. This is a quiet title action which the parties feel will take a day to try. Trial in this matter is scheduled for February 23, 2012, commencing at 9:15 a.m. We are advised that there is some outstanding discovery, and all discovery shall be completed by January 3, 2012. Counsel are directed to check the availability of the parties and their witnesses. No request for a continuance absent emergency circumstances will be entertained after January 6, 2012. Counsel are directed to use their best efforts to stipulate to as many facts as possible. All exhibits shall be pre-marked and exchanged with opposing counsel by January 9, 2012. All objections except to relevance shall be made in the form of a motion in limine. All motions in limine to be filed, with supporting legal authority, by January 20, 2012. All responses with supporting authority to be filed by February 3, 2012. Settlement is not likely. By the Court, Edward E. Guido, J. ?Fiona K. Fadness, Esquire For the Plaintiff , Douglas G. Miller, Esquire Oet'( For the Defendants 00 :lfh IRON TRIANGLE, LLC : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA C V. : NO. 2011-1434 CIVIL TERM n n X10 r- =r : QUIET TITLE x rn GARRY M. and MERRILYN FAILOR, : Carte n° And PAUL E. and DARLA J. FRYE, JR. : {= ,, Q° Defendants. JURY TRIAL DEMANDEIId c) o 3c . =C `D MOTION FOR CONTINUANCE AND NOW, this 5TH day of January, 2012, come the Defendants, Garry M. and Merrilyn Failor and Paul E. and Darla J. Frye, Jr., by and through their attorneys, Irwin & McKnight, P.C., and make the following Motion for Continuance, averring as follows: 1. The Plaintiff is Iron Triangle, LLC, a Pennsylvania limited liability company operating at 452 Crossroad School Road, Carlisle, Pennsylvania 17015. 2. The Defendants are Garry M. and Merrilyn Failor who reside in a mobile home numbered as 456 Crossroad School Road, Carlisle, and Paul E. Frye, Jr. and Darla J. Frye, who reside in the fixed residence numbered as 452 Crossroad School Road. 3. On or about February 7, 2011 Plaintiff filed a Quiet Title complaint seeking to terminate the life estate agreements of the Defendants who have all been living on the property without paying rent since at least November 2000. 4. Plaintiff listed this matter for trial on or about October 14, 2011, prior to any discovery having taken place. 5. On November 8, 2011, legal counsel for the Defendants served Requests for Production of Documents upon the Plaintiff's legal counsel. A true and correct copy of the discovery requests are attached hereto and incorporated herein as Exhibit "A." 6. A pretrial conference was held on November 14, 2011, before the Honorable Edward E. Guido, at which time a trial date was scheduled for February 23, 2012. 7. Furthermore at the pretrial conference, discovery was ordered to be completed by January 3, 2012, and all non-emergency requests for continuances were ordered to be filed no later than January 6, 2012. 8. As of January 3, 2012; the undersigned legal counsel had not received any answers to the outstanding requests for documents. 9. On January 4, 2012, Plaintiffs legal counsel faxed a letter with certain attachments purporting to be responses to the Defendants' Requests for Production of Documents. A true and correct copy of the fax dated January 4, 2012, is attached hereto and incorporated herein as Exhibit "B." 10. The attached Exhibit `B;' is not a formal response to the Defendants' Requests for Production of Documents, but to date it is the only response that has been provided to the undersigned legal counsel. 11. Furthermore, some of the faxed documents and pictures in the attached Exhibit "B" are not legible, and Plaintiff does not specifically identify what numbered requests to which it is responding. 12. Of even greater concern to the Defendants, Plaintiff apparently does not have possession of its HUD-1 sheet or any other real estate settlement paperwork from when it purchased the subject property on or about January 7, 2009. 13. Plaintiff also does not have possession of the title search report that was prepared in advance of settlement. 14. Defendants view receipt of these real estate documents in particular to be integral to their defense of this litigation. 15. According to the attached Exhibit "B," some of these documents may be in the possession of another attorney who has failed to respond to the Plaintiff or its current attorney. 16. The Defendants require additional time to obtain the necessary documents from either the Plaintiff and/or a third party. . 2 17. Based upon the representations in Exhibit "B," Plaintiffs counsel does not concur with this request for a continuance of the trial date. 18. The Honorable Edward. E. Guido issued the PreTrial Conference Order in the above-captioned matter. WHEREFORE, the Defendants respectfully request this Honorable Court to enter an Order continuing the trial scheduled for February 23, 2012 at 9:15 a.m. Respectfully submitted, IRWIN & McKNIGHT, P.C. A Yj By: r?iM....__ A ? -% A Douglas G. filler, squire Supreme Court I.D. No: 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Date: January 5, 2012 Attorney for Defendant 3 G(O90) EXKIBIT IRON TRIANGLE, LLC Plaintiff, V. GARRY M. and MERRILYN FAILOR, And PAUL E. and DARLA J. FRYE, JR. Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2011-1434 CIVIL TERM : QUIET TITLE JURY TRIAL DEMANDED DEFENDANTS' REQUESTS FOR PRODUCTION OF DOCUMENTS BY PLAINTIFF TO: Iron Triangle, LLC, Plaintiff c/o Fiona K. Fadness, Esquire FIL E 301 South Hanover Street cop Y Carlisle, PA 17013 YOUARE SEREBYNOTIFIED that pursuant to Pa. R. Civ. P. 4009.1, that Defendants, by and through their legal counsel, hwin & McKnight, P.C. hereby propound the following Requests for Production of Documents and tangible things which are in the possession, custody, or control of the party to whom this request is directed, their designated agents, representatives, and attorneys within thirty (30) days after service. The documents and tangible things requested herein must be produced at the law offices of Irwin & McKnight, P.C., West Pomfret Professional Building, 60 West Pomfret Street, Carlisle, Pennsylvania in accordance with Pennsylvania Rules of Civil Procedure or applicable local rule of Cumberland County prior to the indicated time for production thereof. This request is intended to cover all documents in the possession, custody, and control of Plaintiff, its agents, officers, employees, insurance carriers and attorneys, and is considered to be continuing. PlaintifTs response to the Requests should be modified- or supplemented as Plaintiff, and/or its attorneys, obtain further or additional documents up to the time of trial. IRWIN & McEMGHT, P.C. Date: November 8, 2011 x Douglas Gkkillei, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 (717) 249-2353 Attorney for Defendants /. INSTRUCTIONS AND DEFINMONS 1. "You" or "yours" means the Plaintiff and/or all corporations, partnerships or sole proprietorships that Plaintiff owns or in which it has a controlling interest, and any employee, member, officer, agent, servant, or independent contractor of Plaintiff. 2. "Plaintiff" unless otherwise specified, shall mean the Plaintiff answering the Interrogatories. 3. "Document," "record," "file," or "report" all refer to and mean the original, all drafts thereof, and all copies of any written, printed, recorded or other graphic matter, whether on paper, cards, tapes, film, electronic facsimile, computer storage devices or any other means of information retrieval and storage, however produced, reproduced, or prepared. 4. "Person" or "individual" means a natural person, a partnership, a corporation, a limited liability company, an unincorporated association, a government (or agency thereof), a quasi-public entity, or any other form of entity. 5. "Property" means the salvage yard business property, land, and any and all appurtenances and improvements known and numbered as 452 Crossroad School Road, Carlisle, Cumberland County, Pennsylvania, as further identified in that Deed dated January 7, 2009, and recorded in the Office of the Recorder of Deeds for Cumberland County at instrument #200900872. 6. This Request applies to all documents in your possession, custody or control or in the possession, custody or control of persons acting or purporting to act on your behalf, including, but not limited to your present and former agents, servants, contractors, employees, members, officers, accountants, attorneys, investigators, indemnitors, insurers, consultants and sureties. 7. Each of the following is intended to be a separate request. Where a request has subparts, please respond to each subpart separately and in full. Do not limit any response to the numbered requests as a whole. 8. If you have objection to any request, please state your objection fully and set forth the factual basis for your objection in lieu of production of the documents. 9. Before responding to this Request, you are required to make a diligent search of your files and records to ascertain whether you have documents which would be responsive to a given request. Your agents, representatives, employees, officers, members, attorneys and other individuals acting or purporting to act on your behalf must do the same. 2 . .. • ' . DOCUMENT REQUESTS Copies of all plans, diagrams, designs, drawings, or other similar writings and documents regarding the Property. 2. Copies of any and all title search reports and associated documents performed prior to or at the time of Plaintiff's purchase of the subject Property. 3. Copies of any affidavits, documents, records, HUD-1 Settlement Statements, or other writings either signed by Plaintiff or provided to Plaintiff as part of the purchase of the subject Property on or about January 7, 2009. 4. Copies of all correspondence sent by Plaintiff or another person on behalf of Plaintiff, or received by Plaintiff or another` person on behalf of Plaintiff, with regard to the subject Property prior to or at the time of Plaintiff's purchase of the Property. . 5. Copies of any appraisals performed by reason of or as part of Plaintiff s purchase of the subject Property. 6. Copies of any lease agreements or similar documents currently involving any part of the subject Property. 7. Copies of all photographs regarding the subject Property. 8. Copies of any and all complaints or other legal proceedings initiated by Plaintiff or any of its owners, members, officers, or representatives against any one or more of the Defendants, other than the instant quiet title proceeding, along with any and all decisions, judgments, orders, or other similar documents issued or filed as a result of the initiation of legal proceedings. Respectfully Submitted, IRWIN & McKNIGHT, P.C. ->- A, ?,V, A -1, Douglas 1# Mil r, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, PA 17013-3222 (717) 249-2353 Date: November 8, 2011 Attorney for Defendants 3 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by facsimile or first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: FIONA K. FADNESS, ESQUIRE 301 SOUTH HANOVER STREET CARLISLE, PA 17013 Date: November 8, 2011 IRWIN & McKNIGHT, P.C. prem West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 c Douglas G er, Esquire Su e C urt I.D. No. 83776 EXHIBIT B LAW OFFICE OF FIONA K. FADNESS 301 SOUTH HANOVER STREET CARLISLE, PA 17013 (717) "1.1382 (717) 243-4711 January 3, 2012 Douglas G. Miller, Esquire Irwin & McKnight PC 60 W. Pomfret Strut Carlisle, PA 17013 1 1.x?.?`t77??t3 P. Re: Iron Triangle, LLC vs Garry M. & Merrilyn Failor and Paul E. and Darla J. Frye, Jr. Dear Attorney Miller: Please find enclosed the documents that have been obtained in response to your discovery request. I have tried to contact the attorney for Iron Triangle, LLC to obtain any documentation that she may have, but have had no response from her concerning the request. 1. was hoping to get any information to you earlier but was waiting on hearing back from the settlement attorney for the purchase of the subject property. When I returned this evening from being away for just over a week I still had no responses from her. There are no copies of plans, diagrams, designs, drawings or other similar writings and documents regarding the subject property that Iron Triangle, LLC has in its possession or has knowledge about. We have not had any response from the settlement attorney for copies of any and all title search reports or other such documents as of today's date. Iron Triangle has not been able to locate a copy of the HUD-1 settlement sheet and the settlement attorney has not responded to the request for the settlement information. Iron Triangle, LLC does not have in its possession the other items listed in paragraph 4 and is waiting on the settlement attorney to respond to said request. Iron Triangle, LLC does not recall any appraisal on said property as it did not finance the property and did not need to have an appraisal completed. However, it has requested the settlement attorney to confirm this fact. Additionally, Iron Triangle does not recall initiating any legal proceedings but has included the information on the legal proceeding initiated by the Failors against Dan Emery. Enclosed are any photos that Iron Triangle, LLC has in its possession of the property, information on the law suit with regard to the storage trailer which was initiated by the Failors and a copy of the lease agreement on the property on which Kristy Failor resides. As I mentioned before, I believe we can stipulate to many of the facts with regard to this case. Please contact me to discuss the stipulation of the facts. Some of the facts that Iron Triangle will stipulate to may be those which you are looking to support with the documents you have requested, such as that fact that there was no rent or apportioned rent on the HUD-1 sheet. Kind regards, Fiona K. Fadness, Esq. NX31 •P s y L L .. u,i _ 4? ?Ai ?: ? -MW, ?, ... ,f -. ?' .; P Ir 7 f ;" 2 ? v•x?• VVta. VV • VJ 114.1 LUL ILA COUNT Y OF: COMMAND 09-3-02, V-L- IA V ViO. CK PiYa{7!>r DR NEWILLM, P.A. G.Z -NIT ' ? ??? i - ? _ 6? is - ?i •t4 _ ,,?? : '•,.l ,.. 1 • X 1 ! . i . M t L 1 +1 ! r. ?? : 1 .14 1 ..w y,.?.._J?'.a_?l...xi; cr?.vL':v?'.O'i?,.wiwcr i•-.... j, F `.. A -L -,T _ r1r 4 +•?+1F ? ... .. t , c:. =i . ..r t.t; ?. .7 _ al r ._ . 1•.:.`Y ? • ?.. ,.... C`i145:.,: - t. .. :tr, ^> •a`!'°ic._ !1`-• 3'i .. :.i• .. 3: ..:? :?.,t.. u'".a .,.: `.`.?, ,.. l.•;:• .r.,... ____ ... .., . ..a. a ava wa Q. C P OF: CUNSSALAND 09-3-02 n'STm COA', '71' '776-1187 P. tj N, . Yt4i NO TICE MR., G".RY 14, FT Mj, 11; 'R . ?•1•ii`•.iv1.?l. R'Fii4G'7 Cn 1'(70-1-5 ,l r ,:jam 't'r w ?.'•. 3• ?. li10 E ' F r .? .. .. .. .. ' +. .. ? 't .}?? .. YV'.: .. ? .. ..L.:` ):. I,JI !.. .: . r.. .,. . :r•'rv ,.. :t?r i..-?: I. AJ.7->: .•. r?.;-f .+ .'?[ .psi-; i,f =w:.?-e' t:ri'? .1.?:: :? _ r •' t s ? r1:.? t.,'7 ..lt= _ .. .•i ? ?i??'lt ;'J1 ?:,J?S !,r''"? ?!!:" ? N ??? •'r,+e i'Z. i, ... 4tirf n. .. °1•S°:, "14. i r .. 'j3. 1 a?:++^jday.mt ant da e, )100( .. i. ,F ;._ a^i' ?:. P; 's r`:•t . ;a n u .' ft?2;ii$ •:f=±: _ :,? . .:?:.. >? t?•:? :Si.h it a. 6?her If tints 9ra diami'1i.+3S, S ti i SO.-Il }NS J . ??C 1C. .,1:? :.:r? .. .. ... .'7i.:•S ii l...:i?!+.. itx 21 :(K SR.Y ._ _arss1 DlsirlCt Court COMMONWEALTH OF PENNSYLVANIA COUNTY OR U Mtyf.Ai.t No.: - - - 09-3-Oa MDJ Nam- Mat. VTIVM CORICK as°{? 55 PBEH DR HENV ira S, PA ren: (717) 776.3187 17241 AT7ORXW DSF PRIVATS LTKR. FIQillilA EISBERLY 1-8:17 BASIN HILL BLVD CARLISLB, PA 17013 HEARING: CIVIL ACTION" 8iI MING ?.47.544'?999?3 P.9 NOTICE OF INTENT TO DEFEND FIAINTi FP NAME Atd ADMESS GMY No RT AL. (F)ILOR OR , 45-6 CR i9S XD SCHWL EtD CARG1WAf PA 17015 L J VS. DEFENDANT: NAME and ADDRIMS rkimy., numn 45'2 SCHOOL RD CARLISLR. PA 17015 L- J Docket Na.: CV- 0000062 -10 Date Plied: 5/18,/10 Date: 0-7/15/10 Riace: D38TRICT CO=T 00 - 3 - 02 55 PEIIIA DR Time: 1:30 PIN URMLLE, PA 17241 PLAINTIFF: FA.TLOR OR, GAMY IK, NT AL. You are hereby notified that the defendant named Wow had given notice of his intent to present a defense at the hearing in the above case. _ DEFENDANT: =my, nxmx , 6/22/10 Date My commission expires first Judge 71a,Pw nZ9.TUMOn. 6 /''79 11 A 1 1 . A S . 77 AW ...... ..... ,+.. ..a., a aa,a aaA r r COMMONWEALTH 4F PENNSYLVANIA Mag. Dirs. I&: 09-3-02 MW Name: Hort . .VIVTAM COHICK aaal: 55 P DR . EMWWLLB, PA rob?no?e; (717) 776-3187 17241 ATTORNEY DEF PRIVATE LINK, PIONA KIN`BSRLY 1817 BASIN HILL.BLVD CARLIOLS, PA 17011-- 544:'?"'?`?i3 ld P. :NOTICE OF CONTINUANCE PLAINTIFF; ' AAHEamlADDRESS $T AG. GMXY M rVAILOR SA „ , 456 C SSBIBID.,$CHDM HD . CAMi.19Mf- PA 17015 L -? vs. DEFENDANT: NAME aridNrDM04ADDRESS 171ma li . .9 WIR XL 453 Ci>tp88i8fAD SCHOOL RD CARLIM, PA'17015 L J t ket No.: CV - QQ0006Z -10 Date Filed: 5/18/10 Please note that the hearing in the above captioned caad, which wag scheduled to oocur on: 711110 has been continued to: Cate. 8/16/10 . place: DISTRICT! COORT ' 9 = 3 - 02' 55 ? PSi:B?i DR Time: 1.0.:00 AN MWILLB., PA '17241 if you have any questions., pisase contact this office immediately. Continuance requested by: ORR, PADL. BRADFORD It you are disabled and m ire assistance, please contact the Magisterial Olattict offica At the address above.. 7 /15/10 .Date My commission expire; Judge "7 n"r ms r>?snvn . v to r t i » . + v . e c . o n .+>ts . v..... u.._u ----- COMMONWEALTH OF PENNSYLVANIA I':('ii iNT'Y hF• .:CV1tBSRL1l?1D M". INA. No.: 09-3-02 M17J Nanw. Hon. VIVIAN COHICK Andress: 55 PIBi+iN DR . =NY TZ , PA Tel omw (717) 776-3187 17241 ATT*RHE'Y DEF PRIVATE LINE, PIONA EMIRLY 1817 BASH HILL BLVD CARLISLE, PA 17013 NOTICE OF JUDGMENT/TRANSCRIPT CIVIL CASE PLAINTIFF: NAME ane ADDRE-55 ? ' WaLOR SR, t tY N, ET AL. 45:6 CROSSROAD 8CROOL RD. CARLrSLR; PA 17015 L. J VS. DEFENDANT.' o lE and ADORGSS f0my = DANIEL .452 CIt WSROAD . SC DOL RD CAMILISLE, PA 17 015 L J Docket NO,: C7- 0000062 -10 Date Filed: 5,/16/10 THIS IS TO NOTIFY YOU THAT. Judgment: DEF'I!>EJI,li' JUDGMMT PLTF (Date of Judgment) . 8/16/10 Judgment was entered for: (Name) FAILOR SR. GAMY X1 ST AL. Judgment was entered against: (Nam EM, DAMIR' e in the amount o.f $ LI Defendants are jointly and'severall y'liable. Damages will be assessedon. Date & Time uu? This case dismissed without,prejudice. Amount of Judgment Subject to Attachment142 Pa.C.S. $ 812' Portion of Judgment for physical damages arising out of residential lease S c ANY PARTY HAS THE RIGHT TO APPEAL WITHIN'80 DAYS AFTER THE ENTRY OF JUDGMENT 8Y FILING A NOTICE OF APPEAL WOO THE PROTHONOTARVICLERK OF THE COURT OF 'COMMON PLEAS, CIVIL DIVISION. YOU MUST INCLUDE A COPY OF THIS NOTICE OF JUDGMIENTITRANSCRIPT FORM WITH YOUR NOTICE OF APPEAL. EXCEPT AS OTHERWISE PROVIDED IN THE RULES OF CIVIL PROCEDURE FOR MAGISTERIAL DISTRICT JUDGES, IF THE JUDGMENT HOLDER 'ELECTS TO ENTER THE JUDGMENT IN THE COURT OF COMMON PLEAS, ALL FURTHER PROCESS MUST COME FROM THE COURT OF COMMON PLEAS AND NO FURTHER PROCESS MAY BE ISSUED BY THE MAGISTERIAL. DISTRICT JUDGE UNLESS THE JUDGMENT IS ENTERED IN THE COURT OF COMMON PLEAS, ANYONE INTERESTED IN THE JUDGMENT MAY FILE "-" 'A REQUEST FOR ENTRY OF SATISFACTION WITH THE MAGMMRIAL DISTRICT JUDGE IF THE JUDGMENT DEBTOR PAYS IN FULL, SETTLES, OR OTHERWISE COMPLIES WITH THE JUDGMENT. tl.?a .l 8.... . J1W Date Ld:kA I eertifV th tthis is a true and correct copy of Amount of Judgment $ . 0.0 Judgment Costs $.00 '" Interest on Judgment :3f0 $ Attorney Fees Total .00 Post Judgment Credits $ Post Judgment Costs $.? ._ Certified Judgment Total $? Magisterial District Judge record of the proceedings containing the judgment. Date , Magisterial District Judge My commission. expires first Monday of January, 2012 SEAL nner q'ir n7 P. 14 Restdentlat Lease Agreement THIS LEASE AGREEMENT (hereinafter referred to as the "Agreement'") made and entered into this ^ day of January, 201 x, by and between. lron Triangte LLC d/b/a West Pennsboro Auto Wreckers, (hereinafter referred to as "Landlorrd") and Kristy Failor, (hereinafter referred to as "Tenant"). WITNESSETH: WHEREAS, Landlord is the fee owner of certain real property being, lying and situated.in Cumberland County, Pennsylvania, such real property having a street address of 450 Crossroad School Rd-, Carlisle, FA 17015 (hereinafter referred to as the ".Premises"). WHEREAS, Landlord desires to lease the Premises to Tenant upon the terms and conditions as containedherein; . and WHEREAS, Tenant desires to lease the Premises from Landlord on the terms and conditions as contained herein; NOW, THEREFORE, for and in consideration of the covenants and obligations contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: 1. TERM. Landlord leases to Tenant and Tenent leases from Landlord the above described Premises together with any and all appurtenances thereto, for a term of i year, such tern tinning on February 1, 2010 and ending at 11:59 PM on January 31,2D1 i. Although the tern of the lease is one year, the lease can be terminated by either party upon providing the other partly with a sbdy (W) day wrigon.nodce or upon agreement of a predeterrntned date by both parties, with no additional obligation to pay the rent upon termination. 2. RENT. The Tenant agrees to pay Landiord the Sum of Four Hundred DOLLARS ($400.00) payable on the, Ist day of each month .of the term. Terrantagrees to pay landlord the firm installment for the month of February, 2010 upon the due execution of this Agreement, the second Installrtfent to be paid on the first day of March, 2010 and each installtrient thereafter to be made on the first day of each month. All such payments shaff be made to Landlord at Landlord's address as set forth in the preamble to this Agreement on or before the due daft and wittrout demand. SECURITY DEPOSIT. Upon the due execution of this. Agreement, Tenard shall NOT be required to make any security deposit. 4. USE OF PREMISES. The Premises shall be used and oocxapied by Tenant and Tenant's immediate family, exclusively, as a private single family dwelling, and no part of the Premises shall be used at any time during the term of this Agreement by Terrent for the purpose of carrying on any business, profession, or trade of any kind, or for any purpose Wier than as a private single family dwelling. Tenant shall not allow any other person, other than Tenant's Immediate family or transient relatives and friends who are guests of Tenant, to use or occupy the Premises without first obtaining Landlord's written consent to such use. Tenant shell comply with any and all lawn, ordinances, rules and orders. of any and all governmental or quasr-governmental authorities affecting the cleanliness, use, occupancy and preservation of the Premises. uis'fora of Tenant must be advised by Tenant to stay away ftm all business property located in the vicinity and to stay out of the salvage yard, said entry wig be considered trespassing. All vehicles owned by Tenant mast have current registration and Inspection to be located on the premises. The number of vehicles shaft be limited by Landlord to unless written consent is obtained from Landlord. 5. CONDITION OF PREMISES, Tenant stipulates, represents and warrants that Tenant has examined the Premises, and that they are at the time of this Lease in good order, repair, and in a safe, clean and tenantable condition. - -_.. ____ -.1Vauw p.l.i . , . 6. ASSN3NMENT AND $1.110-LETTING. Tenant shag not assgit this Agreement; or sub-let or grant any Noenss to use the Premises or any part thereof without itre prior written consent of Landlord.. A consent by Landlord to one such assignment, sub-letting or license shag not be deemed to be a consent.to any subsequent assignment, sub-letting or license. An ,assignment, sub-letting or license without the prior written consent of Landlord or an asslpmertor s ib-letting by operation of law shall be absolutely null and void and shall, at Landlord's option, terminate this Agreement. ALTERATIONS AND IMPROVEMENTS, Tenant shall make no alterations to the buildings or improvements on the Premises or construct any building or make any other improvements on the Premises without the prior written consent of Landlord, which will not be unreasonably withheld. Any and all alterations, changes, andfor improvements bullt, constructed or pieced on the Premises by Tenant shall, unless otherwise provided by written agreement between Landlord and Tenant, be and become the property of Landlord and remain on the Pr+ernises at the expiration or earlier ierrrriraetion of this AgreemersL Oug*A d'iegs:. Tenant may purchase: or erect an outbuilding for storage of personal property if ffie building, the Construction plan for the building,. and/or the placement is approved by West Penntiboro Township and the Landlord prior to the purchase, placement or erection of said outbuildng. No Tenard property may be stored in or on salvage yard property. Any property currently stored in or on the salvage yard should be removed within thirty days of this Lease. MOM-DELIVERY OF POSSESSION. In the event Lwdtoed cannot d*Ww- possession of the Premises to Tenant upon the commencement of the Lease term, through no fault of Landlord or its agents, then Landlord or Its agents shall have no gaWly, but the rental herein provided shag abate until possession is given. Landlord or ft agents shag have thirty (30) days in which to give possession, and if possession is tendered within such time, Tenant agrees to accept the demised Premises and pay the rental herein provided from that date. In the event possession cannot be delivered within such time, through no fault of Landlord or its agents, then this Agreement and all rights hereunder shall terminate. 9. HAZARDOUS MATERIALS- Tenant shall not keep on the Premises any item of a dangerous, flammable or exPkmb a Character that might unreasonably increase the danger of fire or explosion on the Premises or chat might be considered hazardous or extra hazardous by any responsible insurance company. 10. UTILITIES. Tenant shag be responsible for arranging for and paying for all utility services required on the Premises, Including, but not limited to water, electric, septic and garbage. Additionally, any repairs to the existing water or sewer systems will be shared with Tenant being responsible for 259/6 of said cost. 11. MAINTENANCE AND REPAIR; RULES. Tenant will, at its sole expense, keep and maintain the Premises and appurtenasrsoss in good and sanitary condition and sepairduring the term of this Agreement and any renewal thereof. Tenant ached be responsible for trite shoveling of snow, mowing of town, patlling weeds and the like. Tenant shall be responsible for any repair to the premises to maintain ft property to the coda of West Pennsboro. Without limiting the generality of the foregoing, Tenant shall: (a) Not obstruct the driveways, sidewalks, courts, entry ways, stairs and/or halls, which shall I be used for the purposes of ingress and egress only; (b) Keep all windows, glass, window coverings, doors, locks and hardware in good, clean order and repair; (c) Not obstruct or cover the windows or doors;. (d) Not leave windows or doors in an open position during any inclement weather; (e) Not cause or permit any locks or hooks to be placed upon any door or window without the prior written consent of Landlord, p.14 P. Y r (0 Keep all air conditioning filters clean and free from dirt; (g) Keep all lavatories, sinks, toilets, and all other water and plumbing apparatus in good order and repair and shall use same only for the purposes for which they were constructed. Tenant s)Wl not allow any sweepings, rubbish, sand, rags, ashes or other substances to be thrown or deposited therein. Any damage to any such apparatus and the cost. of clearing stopped plumbing resulting from misuse shall be borne by Tenant; (h) And Tenant's family and guests shall at all times mainWn order in the Premises and at all places on the Premises, and shall not make or permit any loud or improper noises, or otherwise disturb other residents, (i) Kew all radios, television sets, stereos, phonographs, etc., turned down to a level of sound that does not annoy or interfere with other residents; G) Deposit all trash, garbage, rubbish or refuse in the locations provided therefore and shall not allow any trash, garbage, rubbish or refuse to be deposited or permitted to stand on the exterior of any building or within the common elements; 12. DAMAGE TO PREMISES. In the event the Premises are destroyed or renderer! wholly uninhabitable by fine, storm. earthquake, or other casualty not caused by the negligence of Tenant, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for heroin shall then be acca,nted for by and between landlord and Tenant up to the time of such Injury or destruction of the Premises, Tenant paying rentals up to such date and Landlord refunding.rentals collected beyond such date. Should a portion of the Premises thereby be rendered uninhabitable, the Landlord shall have the option of either repairing such injured or damaged portion or terminating Na Lease. In the event that Landlord exercises its right to repair such uninhabdable portion, the rental shall abate in the proportion.that.the injured parts bears to the whole Premises, and such W. so injured shall be restored by Landlord as speedily as practicable, after which the full rent shall recommence and the Agreement continue according to Its terms. 13. INSPECTION OF PREMISES. Landlord and landlord`s agents shall have the right at all reasonable times during the term of this Agreement and any renewal thereof to enter ilia Premises for the purpose of inspecting the Premises and all buildings and improvements thereon. And for the purposes of meldrig any repairs, adriftne or alterations as may be deerned.appropriate by Landlord for the preservation of the Premises or the bukdk4 landlord and its agents shell further have the right to exhibit the Premises and to display the usual "For sale", 'for rent" or "vacancy" signs on the Premises at any time within forty-fire (45) days before the expiration of this Lease. The right of entry shall likewise exist fw the purpose of removing placards, signs, fixtures, alterations or addiltons, that do not conform to this Agreement or to any restrictions, Haas or regulations affecting the Premises. Landlord will provide Tenant with a twenty-four (24) hour notice of entry. 14. SUBORDINATION OF LEASE. This Agreement and Tenants interest hereunder are and shah be subordinate, junior and inferior to any and all mortgages, liens or encumbrances now or hereafter placed on the Premises by landlord, all advances made under any such mortgages, liens or encumbrances (including, but not limited to, future advances), the interest pa"We an such mortgages, liens or encumbrances and any and all renewals, extensions or modifications of such mortgages, liens or encumbrances. 15. TENANT'S HOLD OVER. tf Tenant remains in possession of the premises with the consent of Landlord after the natural expiration of this Agreement, a new.temricy from month-lo-month shall be created between Landlord and Tenant which shall be subject to all of the terns and conditions - - ---_ U^ 1415m499998 p.15 b hereof except that rent shall then be due and owing at Two Hundred i9fty DOLLAF'.S (a250.0m per month and except that such tenancy shall be terminable upon thirty (30) days wrttten notice served by either party. 16. SURRENDER OF PREMISES. Upon the expiration of the term hereof, Tenant "I surrender the Premises In a good state and condition as they were at the aomrnencrement of this Agreement and within the Code of West Pennsboro, reasonable use and wear and tear thereof and damages by the elements exoepted. 17. ANIMALS. Tenant stall be entitled to keep the animals they currently own at the time of the execution of this lease on said premises, with the understanding the animals are domesticated animals and need to remain inside the Tenant's residence outside unobserved for any period of time or allowed to become a nuisance.of Tenant and not running freely outside. A list of all animals and copies of Current licenses and necessary shots must be provided at the time of this tease. Future animals and non-Tenant owned animals will not be allowed on Premises without prior written approval by the Landlord. 18. QUIET ENJOYMENT. Tenant, upon payment of all of ft sutras referred to herein as being payable by Tenant and TenarWs perfannance of all Tenant's agreements wtained herein and Tenant's observance of all rules and regulations, shall and may peacefully and quietly have, hold and enjoy sold Promises for the term hereof. 19. INDEMNIFICATION, Landlord shall not be liable for any datrege or injury of or to the Tenant, Tenants family, guests, Invitees, agents or employees or to any person entering the Premises or the building of whlch the Premises are a part or 1o goods or equipment, or in the structure or equipment of the stnxdure of which the Premises are a part, and Tenant hereby agrees to indemnity, defend and hold Landlord harmless from any and ab claims or assertions of every kind and nature. 20. DEFAULT. If Landlord determines that the Tenant is in default of this.Agreement, as authorized under 68 P.S. §250.501, Landlord may terminate Tenant's right to use and to occupy the Premises by providing Tenant with at least one (f) day written Notice to Ouk. Landlord may provide such notice by serving It personally on Tenant, or by leaving the same at the principal building on the Premises, or by posting the some conspicuously on the leased Premises. In addition, all unpaid rents payable during the remainder of this Agreement or any renewal period shall be accelerated witlwut notice or demand. Tenant shall remain fully liable to the Landlord for (a) any lost rent and any other financial obligation under this Agreement; (b) Landlord's co* of retelling the Premises including but not limited to leasing flees, utility charges, and any other fees necessary to reiet the Premises, (c) repairs to the Premises for Tenanrs use that are beyond normal wear and tear; (d) all of Landlord's costs associated with evicting Tenant, including but not Ilmibed to court costs, costs of service, prejudgment interest, and reasonable attorney's feces; (e) all of Landlord's costs associated with Meeting amounts due under this Agreement, including but not limeed to debt collection fees, late charges, and returned check charges; (t) and any other recovery to which Landlord is entitled by law or in equity. Landlord is obligated to make all reasonable efforts to mitigate any damage or loss resulting from Tenant's breach by attempting to retet the Premises to acceptable tenants and the rent owed. 21. LATE CHARGE. In the event that any payment required to be paid by Tenant hereunder is not made within seven (7) days of when due, Tenant shall pay to Landlord, in addition to such payment or other charges due hereunder, a "late fee" in the amount M Twenty-free DOLLARS ($25.00). 22. ABANDONMENT. if at any time during the berm of this Agreement Tenant abandons the Premises or any part thereof, Landlord may, at Landlord's option, obtain possession of the Premises in the manner provided by iew, and without becoming liable to Tenant for damages or for Any payment of . ...... ?...?.. ?,, a aua all Mg )gq"jjd P. 1b r •• r any Idnd whatever. Landlord may, at Landlord's discretion, as for Tenant, relet the Premises, or any part thereof, for the whole or any part thereof, for the whole or any part of the then unexpired term, and.mayveoeive and collect all rent payable,by virtue of such reletting, and, at Landlord's option, hold Tenant Katie for any.ditterenoa between the ward that would have been payable under this Agreement during the balance of the unexpired term, If'ft Agreernerd had continued in force, and the net rent for such period realized by Landlord by means of such reletting, If Landlords right of reentry is. exercised following abandonment of the Premises by Tenant, then Landlord shalt consider any personal prop" belonging io Tenant and left on the Premises to also have been abandoned, in wlach case Landlord may dispose of all such personal property in any manner Landlord shall deem proper and Landlord is hereby relieved of all liability for doing so. 21 ATTORNEYS' FEES. Should it become necessary (or Landlord to employ an attorney to enforce any of the conditions or covenants hereof; including the collection of rentals or gaining possession of the Premises, Tenant agrees to pay all expenses so incurred, Including a reasonable attorneys' fee. 24. RECORDING OF AGREEMENT. Tenant shall not record this Agreement on the Public Records of any pubilc office. In the evert that Tenant shall record this Agroement, this Agreement mail, at Landlord's option, terminate immediately and Landlord shall be entitled to all rights and remedies that it has at law or in equity. 25. GOVERNING LAW. This Agreement shall be governed, conefted and interpreted by, through and under the Laws of the Commonwealth of Pennsylvania. 26. SEVERAML1TY. If any provision of this Agreement or the application thereof shall; for any reason and to any .extent, be invalid or unenforceable, neither the remainder of this. Agreement nor the application of the provision to other persons, entities or 6rc urnstanaes, shall be afNected thereby, but instead shell be enforced to the maximum extent permitted by law, 27. BINDING EFFECT. The covenants,. obfigatlona and conditions herein contained shall be.bindkV on and inure to the benefit of the heirs. legal representatives,. and assigns of the parties hereto. 28. DESCRIPME HEADINGS. The descriptive headings used herein are for convenience of reference only and they are not intended to have any effect whatsoever in determining the rights or obligations of the Landlord or Tenant. 29. CONSTRUCTION, The pronouns used herein shall include, where appropriate, either gander or both, singular and plural. 30. NONMAIVER. No indulgence, waiver, election or non-election by Landlord under this Agreement shall sffectTenanrs duties and liabilities hereunder. 31. MODIFICATION. The parties hereby agree that this document awbins the entire agreement. between the parties and this.Agreement shall not be .modified; changed, alfered or amended in any way except through a written amendment signed by all of the parties hereto. 32. NOTICE. Any rouse required or permitted under this Lease or understate law. shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows: If to Landlord to: Iron Triangle LLC, 452 Crossroad School Road., Carlisle, PA 17015 If to Tenant to: Kristy Failor, 460 Crossroad School Road, Carlisle. PA 17015 a _".. "-A- Vu • aJ .H+a aul QA :.`!..! ZIV?7777C7 Y • i ? y •. Landbr+dd and Terrarn-shall each have the right from time to lime. to charige the place notice is to be given under this parWaph brwritten n0tiotereof10he oMer party. 33. ADDtT10NAL PROVISIONS; DISCLOSURE& NONE (Landlord should note abm any d iclosures about the prenim that may be required under Feder or Penrisylvalnla.law. such-as knower load-based paint.hazarcls in the Premifies. The Landlord afioud also disclose any flood ha wds.) . 20 As to Landlord this day of januani LANDLORD: Iron Triangle LLC dWa Weal Pennsboro Auto Wreckers Sign: _ Print: Date: _ Witness: As to Tenzvt this dny of an 20). TENANT ("Tenant" ? May Failor.. Sign: JA 14 Date: I-e9S-- 1:0 Witness: CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: FIONA K. FADNESS, ESQUIRE 301 SOUTH HANOVER STREET CARLISLE, PA 17013 Date: January 5, 2012 IRWIN & McKNIGHT, P.C. Douglas G filler, Es uire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 i 1 IRON TRIANGLE, LLC, Plaintiff V. GARRY M. and MERRILYN FAILOR, and PAUL E. and DARLA J. FRYE, JR., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 -1434 CIVIL ORDER OF COURT AND NOW, this 11TH day of JANUARY, 2012, a Rule is issued upon Plaintiff's counsel to Show Cause why the request for continuance should not be granted. Rule returnable ten (10) days after service. By ourt, Edward E. Guido, J. ? Fiona K. Fadness, Esquire V Douglas G. Miller, Esquire fled r-, rQ c:) ' Cl _SK f 3 IRON TRIANGLE, LLC Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2011-1434 CIVIL TERM : QUIET TITLE GARRY M. and MERRILYN FAILOR, : And PAUL E. and DARLA J. FRYE, JR. : Defendants. JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this /OMday oft An/UAA , 20aupon consideration of the attached Defendants' Motion for Continuance, the trial scheduled for Thursday, February 23, t ? 2012 at 9:15 a.m. is continued until the 144* day of / ' ? , 2012 at '•. M. BY THE :COURT, THE HONORABLE EDWARD E. GUH)p z `tY mu c For Distribution: ?Fiona K. adness, Esquire Attorney for Plaintiff /Douglas G. Miller, Esquire Attorney for Defendants j IRON TRIANGLE, LLC : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA c? N V. :NO. 2011-1434 CIVIL TERM -):r : QUIET TITLE r ' ? F GARRY M. and MERRILYN FAILOR, Mf ,? ' And PAUL E. and DARLA J. FRYE, JR. : Defendants. JURY TRIAL DEMANDE> -; DEFENDANTS' MOTION FOR CONTINUANCE AND TO COMPEL ANSWERS TO DISCOVERY AND NOW, this 5TH day of March, 2012, come the Defendants, Garry M. and Merrilyn Failor and Paul E. and Darla J. Frye, Jr., by and through their attorneys, Irwin & McKnight, P.C., and make the following Motion for Continuance and to Compel Answers to Discovery, averring as follows: 1. The Plaintiff is Iron Triangle, LLC, a Pennsylvania limited liability company operating at 452 Crossroad School Road, Carlisle, Pennsylvania 17015. 2. The Defendants are Garry M. and Merrilyn Failor who reside in a mobile home numbered as, 456 Crossroad School Road, Carlisle, and Paul E. Frye, Jr. and Darla J. Frye, who reside in the fixed residence numbered as 452 Crossroad School Road. 3. On or about February 7, 2011 Plaintiff filed a Quiet Title complaint seeking to terminate the life estate agreements of the Defendants who have all been living on the property without paying rent since at least November 2000. 4. Plaintiff listed this matter for trial on or about October 14, 2011, prior to any discovery having taken place. 5. On November 8, 2011, legal counsel for the Defendants served Requests for Production of Documents upon the Plaintiff s legal counsel. 6. A pretrial conference was held on November 14, 2011, before the Honorable Edward E. Guido, at which time an original trial date was scheduled for February 23, 2012. 7. Furthermore at the pretrial conference, discovery was ordered to be completed by January 3, 2012, and all non-emergency requests for continuances were ordered to be filed no later than January 6, 2012. 8. As of January 3, 2012, the undersigned legal counsel had not received any answers to the outstanding requests for documents. 9. On January 4, 2012, Plaintiff's legal counsel faxed a letter with certain attachments purporting to be responses to the Defendants' Requests for Production of Documents. 10. Plaintiff never sent an original letter with attachments to the undersigned legal counsel. 11. Most of the faxed pictures included with Plaintiff's letter were therefore not legible. 12. To date, the fax on January 4, 2012, is the only response from Plaintiff that has been provided to the undersigned legal counsel. 13. On January 31, 2012, Defendants served a Notice of Intent to Serve Subpoena to Produce Documents upon Plaintiff's legal counsel. A true and correct copy of the Notice dated January 31, 2012, is attached hereto as Exhibit "A." 14. The proposed subpoena was addressed to Andrea M. Bower, Esquire, the purported legal counsel for Plaintiff at the time it purchased the subject property. 15. The undersigned legal counsel requested that Plaintiff waive the twenty (20) day waiting period, and made at least two (2) telephone calls to request Plaintiff's consent to a waiver. 2 16. The undersigned legal counsel informed Plaintiffs counsel that without the waiver it was believed to be unlikely that a response to the subpoena would be received in enough time to be ready for the rescheduled trial on March 14, 2012. 17. Plaintiffs legal counsel did not respond to those requests, and therefore the subpoena was not able to be served upon Attorney Bower until February 24, 2012. 18. To date, no response has yet been received to the subpoena. 19. Defendants view receipt of the real estate documents signed by and given to Plaintiff to be integral to their defense of this litigation. 20. The Defendants require additional time to obtain the necessary documents from either the Plaintiff or pursuant to the recently issued subpoena. 21. Defendants previously filed a Motion for Continuance on January 5, 2012. 22. The undersigned legal counsel also has a previously scheduled speaking engagement: on the morning of Wednesday, March 14, 2012. 23. Based upon the lack of any written response from Plaintiff's counsel since the fax of January 4, 2012, it is presumed that Plaintiff s counsel does not concur with this request for a continuance of the trial date. 24. The Honorable Edward E. Guido issued the PreTrial Conference Order in the above-captioned matter, as well as the Order dated January 10, 2012, rescheduling the original trial date. WHEREFORE, the Defendants respectfully request this Honorable Court to enter an Order as follows: A. Directing that Plaintiff provide a formal response to Defendants" Requests for Production of Documents dated November 8, 2011; and 3 B. Continuing the trial previously rescheduled for March 14, 2012 at 9:15 a.m., until after complete responses have been made to the outstanding discovery requests to Defendants. Respectfully submitted, IRWIN & McKNIGHT, P.C. By vt n Douglas Miller, Esquire Supreme Court I.D. No: 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 717-249-2353 Date: March 5, 2012 Attorney for Defendants 4 IRON TRIANGLE, LLC : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2011-1434 CIVIL TERM QUIET TITLE GARRY M. and MERRILYN FAILOR, : And PAUL E. and DARLA J. FRYE, JR. : Defendants. : JURY TRIAL DEMANDED NOTICE OF INTENT TO SERVE SUBPOENA TO PRODUCE DOCUMENTS AND THINGS FOR DISCOVERY PURSUANT TO RULE 4009.21 TO: Fiona K. Fadness, Esquire 301 South Hanover Street Carlisle, PA 17013 PLEASE TAKE NOTICE that Garry M. Failor, Merrilyn Failor, Paul E. Frye, Jr. and Darla J. Frye intends to serve a subpoena identical to the one attached to this notice upon Andrea M. Bower, Esquire. You have twenty (20) days from the date listed below in which to file on record and serve upon the undersigned an objection to the subpoena. If no objection is made, the subpoena may be served. IRWIN & McKNIGHT, P.C. Date: January 31, 2012 z° By: Douglas G. Iler, Esquire Supreme Court Id # 83776 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Defendants EXHIBIT "A" IRON TRIANGLE, LLC Plaintiff, V. GARRY M. and MERRILYN FAILOR, And PAUL E. and DARLA J. FRYE, JR. Defendants. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2011-1434 CIVIL TERM : QUIET TITLE JURY TRIAL DEMANDED SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR DISCOVERY PURSUANT TO RULE 4009.22 TO: Andrea B. Bower, Esquire 426 Broad Street Montoursville, PA 17754 Within twenty (20) days after service of this subpoena, you are ordered by the court to produce the following documents or things: 1. All contents of your file associated with the sale/settlement of the property located at 452 Crossroad School Road, Carlisle, Cumberland County, Pennsylvania 17015, including but not limited to title reports, searches, insurance policies, affidavits, HUD-1 settlement statements, and in general any writings related to the real estate. at the following location: IRWIN & McXMGHT, 60 West Pomfret Street, Carlisle, PA 17013. You may deliver or mail legible copies of the documents or produce things requested by this subpoena, together with the certificate of compliance, to the party making this request at the address listed above. You have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought. If you fail to produce the documents or things required by this subpoena within twenty (20) days after its service, the party serving this subpoena may seek a court order compelling you to comply with it. Ala This subpoena was issued at the request of the following person: Douglas G. Miller, Esquire IRWIN & McKNIGHT, P.C. 60 West Pomfret Street Carlisle, PA 17013 717 249-2353 Attorney for the Defendants BY THE COURT: Date: JcLn?ro?. 3j ?t0/a Seal of the Court By:? . L? e (? (Prothonotary i CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: FIONA K. FADNESS, ESQUIRE 301 SOUTH HANOVER STREET CARLISLE, PA 17013 Date: March 5, 2012 IRWIN & McKNIGHT, P.C. 3? /? 'W.- Douglas G. killer, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 (JD-) IRON TRIANGLE, LLC : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2011-1434 CIVIL TERM : QUIET TITLE GARRY M. and MERRILYN FAILOR, : And PAUL E. and DARLA J. FRYE, JR. : Defendants. JURY TRIAL DEMANDED ORDER OF COURT AND NOW, this -7411day of March, 2012, upon consideration of the attached Defendants' Motion for Continuance and to Compel Answers to Discovery, the trial scheduled for Wednesday, March 14, 2012 at 9:15 a.m. is continued until the P10 day of 2012 at r' Am. It is further ORDERED AND DECREED that Plaintiff shall formally answer Defendants' Requests for Production of Documents dated November 8, 2011, within /Q days of service of this Order. BY THE-COUR7;?-- THE HONORABLE EDWARD E. GUIDO C7 i . - y. For Distribution: r- , ' Fiona K. Fadness, Esquire Attorney for Plaintiff cj c- ?" Douglas G. Miller, Esquire , c; y = ` ' Attorney for Defendants c IRON TRIANGLE, LLC : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-1434 CIVIL TERM QUIET TITLE ,° vs. M CD 2 rri - „ r rl - - GARRY M. and MERRILYN FAILOR , And Paul E. and DARLA J. FRYE, JR. c = ° Defendants : JURY TRIAL DEMANDED CERTIFICATE OF COMPLIANCE I, ANDREA B, BOWER, ESQUIRE, do hereby certify that the contents of my file related to the sale/settlement of property located at 452 Crossroad School Road, Carlisle, Cumberland County, Pennsylvania, 17015 as requested in a Subpoena to Produce Documents or Things for Discovery Pursuant to Rule 4009.22, have been mailed via UPS Overnight Delivery to the attorney representing the Defendants, at the following location: Douglas G. Miller, Esquire Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17103 Date: ?0?-'-- Montoursville, PA 17754 Telephone: (570) 368-1999 IRON TRIANGLE, LLC : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSXL YANIA- v. :NO. 2011-1434 CIVIL TERM r-ncu - -' =M : QUIET TITLE ;u GARRY M. and MERRILYN FAILOR, : .,.: ? And PAUL E. and DARLA J. FRYE JR.: Defendants. JURY TRIAL DEMANDEj!« PRAECIPE TO ENTER CONTRACT & TITLE SEARCH DOCUMENTS OF RECORD To David D. Buell, Prothonotary: With regard to the above referenced matter, please enter the following relevant documents received in response to the third party subpoena served on Andrea B. Bower, Esquire, and include the same of record in the above captioned case: 1. "Agreement for Sale of Real Estate" from November 2008; 2. "Addendum to Agreement of Sale" dated December 29, 2008; 3. Excerpts from Title Search prepared for Andrea B. Bower, Esquire; 4. Owner's Policy of Title Insurance insuring Plaintiff, and 5. Signed HUD-1 Settlement Statement dated January 8, 2009. Respectfully Submitted, Dated: March 27, 2012 IRWIN & McKNIGHT, P.C. Douglas q Miller, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 I EXHIBIT "1" F:\DOCS\RE\AGM\MADUSA METALS -agreeofsale.wpd ANT FOR SALE OF REAL ESTATE THIS AGREEMENT, made this day of November, 2008, by and between MADUSA METALS, LLC, (hereinafter sometimes referred to as "Seller") and DANIEL W. EMERY AND DANIEL KURSEJEWSKI, or their assigns, (hereinafter sometimes referred to as "Buyer"); W I T N E S S E T H: 1. AGREEMENT: Seller agrees to sell and convey and Buyer agrees to purchase all that certain real property hereinafter described upon the terms and conditions hereinafter set forth. 2. PROPERTY DESCRIPTION: The real estate which is the subject of this agreement is all that certain real estate consisting of a salvage yard, house, and mobile home more fully described in the attached Exhibit "A", said real estate being situate in West Pennsboro Township, Cumberland County, Pennsylvania, and being known as Failor Salvage Yard. 3. PURCHASE PRICE: The purchase price is Four Hundred Forty Thousand and N01100 ($440,000.00) Dollars, payable at settlement. 4. CREATION OF BUSINESS ENTITY BY BUYER: The parties acknowledge that the buyers are in the process of creating a limited -1- r ? liability company to which this agreement will be assigned. 5. DATE OF SETTLEMENT: Settlement before December 23, 2008. 6. POSSESSION: Possession shall be subject to the rights of the tenants and life The lease on the mobile home will be assigned received will be prorated at settlement. 7. ASSETS INCLUDED IN SALE: The sa shall be held on or delivered at settlement tenants in possession. at closing and any rent le includes whatever electric, heating, plumbing, fixtures, systems and equipment and all other fixtures permanently affixed as attached to the premises, all shrubbery and landscaping and the following items: mobile home currently subject to a lease (no title available); salvage license; rollback; front end loader; wrecker; and all inventory and equipment connected with the Salvage Yard including approximately 75 transmissions, approximately 40 junk cars and approximately 50 engines. 8. TRANSFER TAXES: All real estate transfer taxes shall be divided equally between the Seller and the Buyer. 9. REAL ESTATE TAX PRORATION: All taxes levied on the real estate shall be prorated as of the date of settlement, the county and municipal taxes being prorated on a calendar year basis, and the school district taxes being prorated on a July 1 fiscal year basis. -2- T a 10. MUNICIPAL SERVICES: Any charges for sewer rental, trash service, and/or water service provided by a municipality shall be prorated as of the date of settlement. 11. TITLE: At settlement, the land will be conveyed by the Seller by special warranty deed free and clear of all liens and encumbrances. The title is to be good and marketable and such as will be insured by any title insurance company doing business in Pennsylva- nia at its regular rates in the full amount of the purchase price. Said policy shall contain only exceptions for easements for utility service to the property and building and use restrictions which do not interfere with the present use of the property. 12. RISK OF LOSS: Risk of loss from fire or other casualty shall remain in the Seller until final settlement. Seller shall maintain the property and any personal property specifically scheduled herein in its present condition, normal wear and tear excepted. In case of fire or other casualty prior to settlement, the Buyer shall have the option of rescinding the agreement or of settling and obtain- ing an assignment of the insurance proceeds. 13. MUNICIPAL ORDINANCES: Seller represents and warrants that no notice from any governmental authority has been issued or served upon the premises or any occupant thereof or upon Seller or Seller's agent, calling attention to any violation of any building, fire, safety or other ordinances or requiring or calling attention to -3- t J the need for any curbing, recurbing, paving, repaving or other con- struction or improvements on or about the premises or the removal of any nuisance therefrom. 14. MUNICIPAL ASSESSMENTS: Seller represents and warrants that all street paving, curbing and other municipal or other govern- mental improvements which have been constructed or installed have been paid for and will not hereafter be assessed and all assessments heretofore made have been paid in full. 15. NOTICES: All notices required by this agreement shall be sufficient if delivered by first class mail, postage prepaid, or personally delivered to one of the parties to this agreement as follows: A. To the Seller addressed as follows: Madusa Metal, LLC 7086 Carlisle Pike Carlisle, PA 17013 Copy to: David H. Stone, Esquire Stone LaFaver & Shekletski 414 Bridge Street New Cumberland, PA 17070 B. To the Buyer addressed as follows: Daniel W. Emery and Daniel Kursejewski -4- I V 16. REAL ESTATE BROKER: Buyer and Seller warrant that no broker was instrumental or involved in any way in negotiating this transaction. 17. TENDER: Formal tender of any executed deed and of the purchase money is hereby waived. 18. DEFECTS IN TITLE: In the event that any defects exist that would not make the title to the premises good and marketable as herein provided, Seller shall have a reasonable time to correct same after being apprised thereof by the Buyer. In the event Seller is unable to correct such defect after making a good faith effort, the agreement shall be declared null and void and seller shall reimburse buyer for any cancellation fee for title insurance, flood insurance or hazard insurance, appraisal fees, and mortgage application fees. 19. LEAD WARNING STATEMENT: Every purchaser of any inter- est in residential real property on which a residential dwelling was built before 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabili- ties, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant -5- women. The Seller of any interest in residential real property is required to provide the Buyer with any information on lead-based paint hazards from risk assessments or inspections in the Seller's posses- sion and notify the Buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended before purchase. 20. WAIVER OF LEAD RISK ASSESSMENT: Buyer has read the Lead Warning Statement above and understands its contents and has received a copy of the pamphlet Protect Your Family From Lead In Your Home. Buyer waives the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. 21. ACKNOWLEDGMENT OF LIFE ESTATES: The Buyers hereby acknowledge that the house situate on the property is subject to a life estate in favor of Darla Frey. The Buyers further acknowledge that the lot occupied by one of the mobile homes on the property is subject to a life estate in favor of Gary Failor. 22. CONVEYANCE OF THE SALVAGE LICENSE: The Buyer's obligation under this agreement shall be contingent on the conveyance of the salvage license by Seller to Buyer. Seller agrees to cooperate with Buyer in order to transfer the license to the Buyer. 23. DEFINITIONS: Whenever used herein the singular number shall include the plural and the plural shall include the singular and -6- the use of any gender shall include all genders and the words Seller and Buyer wherever used shall include their heirs, executors, adminis- trators, successors and assigns, except where otherwise herein provid- ed. If this instrument is executed by more than one person or corpo- ration, the obligations, responsibilities and liabilities of the parties shall be both joint and several. 24. EXECUTION OF AGREEMENT: The signing of this agreement by both the Seller and the Buyer shall place the terms hereof into effect despite the failure of either or both parties to notify the other of their or its acceptance of this agreement. 25. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only and they are not intended to indicate all of the matter in the sections which follow them. Accordingly, they shall have no effect whatsoever in determining the rights or obligations of the parties. 26. RECORDING: This agreement shall not be recorded in the Office of Recorder of Deeds or in any other office or place of public record. and if Buyer shall record this agreement or cause or permit the same to be recorded, Seller may, at his option elect to treat such act as a breach of this agreement. 27. AGREEMENT: This agreement contains the whole agreement between the parties and there are no other terms, obligations, cove- nants, representations, statements or conditions, oral or otherwise, -7- of any kind whatsoever and it may not be altered, amended or modified other than in writing executed by the parties hereto. IN WITNESS WHEREOF and intending to be legally bound hereby, the parties have hereunto set their hands and seals tbo day and year above first written. MADUSA METALS, LLC (S}3A Sel r r-.e ? (SEAL) (SEAL) -8- Sit W. EMERY, BUYER rr •'^ .., .. Lc c 9 Pal 12 32 THIS DEED MADE THE L L'` day of December in the year two thousand six (2006). BETWEEN VINCENT S. FAILOR and STEVEN A. FAILOR, of Cumberland County, Pennsylvania, hereinafter called Grantors: AND MEDUSA METALS, LLC, Cumberland County, Pennsylvania, hereinafter called Grantee: WITNESSETH, that in consideration of the sum of Two Hundred Fifty Thousand and no/100 ($250,000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the Grantor does hereby grant and convey unto the said Grantee, its successors and assigns ALL that certain tract of land with the improvements thereon erected situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of a public road leading from the Ritner Highway to the Crossroads School House on the Carlisle to Newville Public Road; thence along lands now or formerly of Gordon L. Morrison, South 40 degrees 45 minutes West a distance of 264.2 feet to a post; thence by the same South 32 degrees 15 minutes East a distance of 92 feet to a Cherry Tree; thence by the same South 63 degrees 40 minutes West a distance of 1189.2 feet to a post; thence along the lands now or formerly of Samuel Kitzmiller North 24 degrees 30 minutes West a distance of 127 feet to a post; thence by the same North 77 degrees 30 minutes West a distance of 300 feet to a post; thence along the lands now or formerly of Norman Jones, North 64 degrees 15 minutes East distance of 1575 feet to a point in the center of the public road above described; thence by the center of the above public road South 50 degrees 30 minutes East a distance of 139 feet to a point, the Place of BEGINNING. MOO 278 PACF1624 11/2412008 10:10:27 AM CUMBERLAND COUNTY Inst.# 200701014 - Page 1 of .. , .., . BEING the same property which the Estate of Robert W. Failor, Sr, granted and conveyed unto Vincent S. Failor, one of the Grantors herein, by Deed dated July 22, 2003 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book, 258, Page 3463. ALSO BEING the same property which Vincent S. Failor granted and conveyed an undivided one/half (1/2) interest to Steven A. Failor, one of the Grantors herein, by deed dated July 11, 2005 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book 272, Page 1083. AND the said Grantors hereby certify that no divorce proceedings are pending or contemplated in any jurisdiction. 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, month and year first above written. Signed, Sealed and Delivered in the presence of w (S?J VINCENT S. F OR , 4 a, 4 (SEAL) STEVEN A. FAILOR 2 eooK 27$ pwiG25 11/24/2008 10:10:27 AM CUMBERLAND COUNTY Inst.# 200701014 - Page 2 of COMMONWEALTH OF PENNSYLVANIA - : SS: COUNTY OF CUMBERLAND On this, the ti - day of December, 2006, before me, the undersigned officer, personally appeared VINCENT S. FAILOR, man'kd man, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein'contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. e3 C& - (SEAL) NotmW Seal Royer' B. In*. Notary PUWC Cadm98oro. Currreo "0m* f4 CprxfrlWm Ekes Oct. 3.2008 Member. Pennsylvania Association Of Notaries COMMONWEALTH OF PENNSYLVANIA . : SS: COUNTY OF CUMBERLAND On this, the v,'!' day of December, 2006, before me, the undersigned officer, personally appeared STEVEN A. FAII.OR, marrkd man, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within ins6nunent, and acknowledged that he executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. 3 . CQU- (sue) Notoy Royer O. Non. NOWY K"G cadwasm.cuntbab 3cim* 3 BOOK 278 PAGEMG 11/24/2008 10:10:27 AM CUMBERLAND COUNTY Inst.# 200701014 - Page 3 of I do hereby certify that the precise residence and complete post office address of the within named Grantee is: ?? ?(?`Q)?,? ??•? ?\`W? ?Lr[?.???<iQ?+.i y.11r?? December ZZ , 2006 Alto IRWIN & MCANIGHT ATTORNEYS AT LAW 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 -••ic-ac-?n?nu ???? h-''°'r?o n"ra u co m ? ? ?n c-o c ' • P ; A 0 IV- R= • M r•r• M M "? 9 ?••? 97 C ° f !J m a ?} 5 f Cc?; t.i fy this to be recorded 401 ` m m rt 1 Cumberland County PA Sea k ek?, -!,der of Deeds ? M 1••+, hUU7 ?r?•.? N Vim! ooK 278 PAcEi627 , 11?170 ??t? ?C ? M M r A `T V b • .- C O W N Q Q O 4 in6O AG00t171bg0C/1 o0a00oo 0 00 t?f 0 ?-' m 11/24/2008 10:10:27 AM CUMBERLAND COUNTY Inst.# 200701014 - Page 4 of EXHIBIT "2" ?:%DOCS\RE\AaK%"ADCSA METALS - idA"d- 01 -g1000[001-Vd ADDENDUM TO AGREEMENT OF SALE THIS addendum to the agreement of sale between MADUSA METALS, LLC, (Seller") and DANIEL W. EMERY AND DANIEL KURSEJEWSKI, or their assigns, ("Buyer"), dated December, 2008, concerning the real property situate in West Pennsboro Township, Cumberland County, Pennsylvania, is made as of this Z- day of December, 2008_ 1. Buyer acknowledges that hazardous substances may have been handled in the operation of the junk yard by Seller and Seller's predecessors in title. Buyer has inspected the premises and has had the opportunity to conduct such environmental assessments as Buyer deems necessary. Buyer acknowledges that Buyer is purchasing the property as is. Buyer releases and waives any and all future claims against Seller, its members, employees, and agents for indemnity or contribution in the event that Buyer becomes liable for cleanup or any hazardous substances or other costs including all claims, losses, liabilities, damages, penalties, and expenses which Buyer may directly or indirectly sustain or suffer as a consequence of any use, generation, manufacture, storage, disposal, release, or threat of release of hazardous substances occurring on the property. The provisions of this section shall survive settlement and shall not be affected by the transfer of the title or the payment of the purchase price hereunder. 2. All other terms and conditions of the original agreement of sale between those dates shall remain in full force and effect. IN WITNESS WHEREOF the parties have signed this addendum, intending to be legally bound hereby, as of the day and year above written. ??$33 MADUS -METALS = 3rLE - BY• - • SE_ER - ?-. Crn-? --(SEAL) DANIEL W. EMERY-, BUYER .% (SEAL) DANIEL KURSEJEWSKI, BUYER EXHIBIT "3" D C????l BRIEF OF TITLE SEARCH PRESENT OWNERS: Maosok 4kbI Si LL. LOCATION: 462 Cfbs5vDaA 2i ooj TITLE EXAMINED FROM Q?Q?Xr0°1. TO L S; 2C1UJ? ATTORNEY: l ABSTRACTOR: Cam CLIENTS: M'-w1 1 hC(,j C Q ?• TAX PARCEL NO.: L-(p - OP - 05a-I --04-1 V OBJECTIONS AND REMARKS: .0101 . 4AX4 OOL 0 ?_ pco? s i d.A.t?d a? 412214:4 (px)? i o? 1 G1,111, Z-0224-T-4 AA AtAuza JJJ?, LLC (IA? JlfJ c? yU& Iq?-8I4 531 aw,- ?-, az.31 c l a1 ?- lr ,It\ //I &?- Uaco n.? ??? ? cry 44 " ,REL426D Cntl Number Map Number Old Ref Grantor Grantee(1) (2) Address CUMBERLAND COUNTY Public Inquiry 46 1356 46-09-0521-041 46001356 MEDUSA METALS LLC 452 CROSSROAD SCHOOL ROAD CARLISLE PA 17015 SITUS: Desc. (1) 452 CROSSROAD SCHOOL ROAD (2) Property Desc. (1) (2) LOT APPROX 9 ACRES (3) Residential W/ Comm Funct Preferred Land Val Land Val 53130 Total Value Improvement Val 176740 229870 Mineral Val F12=Cancel F10=Sales F5=Taxes Acreage 9.200 WEST PENNSBORO TOWNSHIP BIG SPRING S.D. Land Use Code RC Consideration Sale Date 8/13/2008 Deed Bk/Pg 2008 27576 Taxable/Exmpt TAXABLE Clean&Green? Sqft Bldg Area Gross Area 1839 Dimensions Year Built 1984 Initial Struct Mobile Home Code Mobile Home Park Mobile Home Mfg. Mobile Home Year Mobile Home Unit y5? ?irztsnt:ro QIJ Q ; S i e u Cr 4 ? -5. ? ? nW I -..?wYrw? ?S . A? 7 6c 3 - - - --- - -- - ri W n' l /U -03) - - - -- - - - -- - - V" W 03 ?5 ?sr 7 ? 71 fsx dh,-c V; W143. fiA; 79 )l y- icae; i y ? t M 7 ° - t?v C)e- 5 - Cif y? p6,-2, A g ??w,?, (J4," ?'" o '77S - 16.4(37 A-60-x". merilL3 r J? 7 icto i r Gr???'xi ? I?oB?RT w. FMLDR,TR.0!c?e? AS PETITION FOR PROBATE and GRANT OF LETTERS Estate of Rohprt W- Fai 1 nr No. 21-9001.0033 also known as Robert W. Failor St-To: Deceased. Social Security No. 1#;7- 2 2 -15 5 7 Register of Wills for the County of Cumberrland'. in the Commonwealth of Pennsylvania The petition of the undersigned respectfully represents that: OTS x•15-0 Your petitioner(s), who is/are 18 years of age or older an the execut Co-Ececu tors named in the last will of the above decedent, dated March 24, , 19.g$__ and codicil(s) dated none Shirley L. Failor,ficimed executrix died NovemhPr 1 C, 1999 (state relevant circumstances, e.g. renunciation, death of executor, etc.) Decendent was domiciled at death in CumhPrl anr9 County, Pennsylvania, with h i R last family or principal residence at 452 Crossroad School Rnati, wARt Pennsboro Township. Carlisle , PA 17013 (list street, number and muncipality) Decendent, then 72 years of age, died November 6th. , Mx 200q at 452 Crossroad School Road, WARt PAnnRhnrn Township, ra-Usle, PA Except as follows, decedent did not marry, was not divorced and did not have a child born or adopted after execution of the will offered for probate; was not the victim of a killing and was never adjudicated incompetent: Decendent at death owned property with estimated values as follows: 10,000.00 (If domiciled in Pa.) All personal property $ (If not domiciled in Pa.) Personal property in Pennsylvania $ (If not domiciled in Pa.) Personal property in County $ Value of real estate in Pennsylvania $ 133,000.00 situated as follows: S 143,000.00 452 Crossroad R hool Rd. W'r?st PAnnRhnrn TW13, Cumberland Cnunty,PA WHEREFORE, petitioner(s) respectfully request(s) the probate of the last will and codicil(s) presented herewith and the grant of letters Testamentary (testamentary; administration c.t.a.; administration d.b.n.c.t.a.) theron. d U G w b ti H V pG u a ;,o &a4e C td •.^, r %a. ? o '71-7 - 2-F3 -3VV L 00 V3 OATH OF PERSONAL REPRESENTATIVE COMMONWEALTH OF PENNSYLVANIA 1 Ss COUNTY OF Cumberland The petitioner(s) above-named swear(s) or affirm(s) that the statements in the foregoing petition are true and correct to the best of the knowledge and belief of petitioner(s) and that as personal represen- tative(s) of the above decedent petitioner(s) will well and truly administer the estate according to law. Sworn to or affirmgd and subscribed -t to bef a this 3 rd day of 17 January 001- . 4. aAd- Register ,,,,?_ ??- w• ?nu?,?. R?av? ? C?uu?r oRD Rio No. .21;4wj-wj3 Estate of ROBERT W. FAILOR a/k/a ROBERT W. FAILOR SR. , deceased. DECREE OF PROBATE & GRANT OF LETTERS AND NOW, JaIMLY 4 2001, in consideration of the Petition on the reverse side hereof, satisfactory proof having been presented before me, IT IS DECREED that the instrument(s) dated 03124/1998 described therein be admitted to probate and filed of record as the Last Will of Robert W. Failor a/k/a Robert W. Failor Sr. : and Letters Testamentary are hereby granted to Robert W. Failor Jr. and Gwen A. Hiapensteel FEES Probate, Letters, Etc........ $_Z35.00 Short Certificates(-3-) ....... $9.00 Renunciation(s) ........... $ JCP .................... $ 5.00 Other Will Paaes (-2-) .... $6.00 TOTAL: .... $_Z55.00 Filed ..3anuary. 4th,.2001.. ....... . R ter of Wills WIN McKNIGH? & HUGHES 5. Roneyt. Irwin. Esauire (06282) (Sup. CL I.D. No.) 60 West Pomfret St.. Carlisle. PA 17013 ADDRESS 717-249-2353 PHONE CALL ATTORNEY ROGER IRWIN IN RE: ESTATE OF ROBERT W. IN THE COURT OF COMMON PLEAS OF FAILOR &Wa ROBERT CUMBERLAND'COUNTY, PENNSYLVANIA W. FAILOR, SR. ORPHANS' COURT DIVISION NO. 21-01-0013 IN RE: PETITION TO REMOVE CO-EXECUTOR AND PETITION TO RESOLVE DISPUTE BETWEEN PERSONAL REPRESENTATIVES BEFORE HESS. J. ORDER AND NOW, this 1,21 day of July, 2002, Robert W. Failor, Jr., is herewith removed as co-executor of the estate of Robert W. Failor, Sr., deceased, and Gwen A. Hippensteel is appointed as sole executor. The petition of Robert W. Failor, Jr., and Ross H. Failor, to resolve disagreement between co-executors is DISMISSED as moot. BY THE COURT, Mark Halbruner, Esquire- l lloa_LE-&k-i. ! 5 For the Petitioners Roger B. Irwin, Esquire 7- _0-, - Douglas G. Miller, Esquire For the Respondents A, :rlm ` 4) • 1 1rt? (.O . A TAUS COPY FROM RECURO In Testimony whe of t hereunto set my hand and the seal of d Court 8 Carl This dad $le, PA _ 201,0A C County REV-1602 EX • (1-4;7 I SCHEDULE A REAL ESTATE Robert W. Failor Sr. SSJJ 162-22-4215 11/06/2000 21-01-013 All real property owned solely or as a tenant In common must be reported at fair market value. Fair market value is defined as the price at which property would be exchanged between a willing buyer and a willing seller, neither being compelled to buy or sell, both having reasonable Copyright (c) 1995 form software only CPSystems, lna. Form REV-1502 EX (Rev. 1-97) . ;?/'_ /Q q COMMONWEALTH OF PENNSYLVANIA BUREAU OF INDIVIDUAL TAXES DEPARTMENT OF REVENUE INHERITANCE TAX DIVISION DEPT. 280601 HARRISSURC, PA 17128-0601 NOTICE OF INHERITANCE TAX APPRAISEMENT, ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX REV-1547 EE AM COL-027 DATE 09-16-2002 ESTATE OF FAILOR ROBERT W DATE OF DEATH 11-06-2000 FILE NUMBER 21 01-0013 COUNTY CUMBERLAND ROGER 3 IRWIN ESQ ACN 101 IRWIN ETAL Amount Remitted 60 W POMFRET ST CARLISLE PA 11013 MAKE CHECK PAYABLE AND REMIT PAYMENT TO: REGISTER OF WILLS CUMBERLAND CO COURT HOUSE CARLISLE, PA 17013 CUT ALONG THIS LINE -- -- - - - 110- RETAIN LOWER PORTION FOR YOUR RECORDS -_4 - -- -- - - -------------- REV-1547 EX AFP t01-02) ---------------------------------------------------------------------------------- NOTICE OF INHERITANCE TAX APPRAISENENT,--ALLOWANCE OR DISALLOWANCE OF DEDUCTIONS AND ASSESSMENT OF TAX ESTATE OF FAILOR ROBERT W FILE NO. 21 01-0013 ACN 101 DATE 09-16-2002 TAX RETURN WAS: ( X) ACCEPTED AS FILED ( ) CHANCED RESERVATION CONCERNING FUTURE INTEREST - SEE REVERSE APPRAISED VALUE OF RETURN BASED ON: ORIGINAL RETURN 1. Real Estate (Schedule A) (1) 233,000.00 NOTE: To insure proper 2. Stocks and Bonds (Schedule B) (2) .00 credit to your account, 3. Closely Held Stock/Partnership Interest (Schedule C) (3) .00 submit the upper portion 4. Mortgages/Notes Receivable (Schedule D) (4) .00 of this form with your 5. Cash/Bank Deposits/Misc. Personal Property (Schedule E) (5) 10,454.00 tax payment. 6. Jointly Owned Property (Schedule F) (6) 971 .94 7. Transfers (Schedule C) (7) .00 B. Total Assets (a) 144,431.94 APPROVED DEDUCTIONS AND EXEMPTIONS: 9. Funeral Expenses/Adm. Costs/Misc. Expenses (Schedule H) (9) 81180.00 10. Debts/Mortgage Liabilities/Liens (Schedule I) ( 10) 24,126.32 11. Total Deductions (11) 32,37A-A322- 12. Net Value of Tax Return (121 112,055.62 13. Charitable/Governmental Bequests; Non-elected 9113 Trusts (Schedule J) (13) .00 14. Nat Value of Estate Subject to Tax (14) 112, 055.62 NOTE: If an assessment was issued previously, lines 14, 15 and/or 16, 17, 18 and 19 will reflect figures that include the total of ALL returns assessed to date. ASSESSMENT OF TAX: 15. Amount of Line 14 at Spousal rate (15) .00 X 00 = .00 16. Amount of Line 14 taxable at Lineal/Class A rate (16) 112, 055.62 X 045 = 5,042-50 17. Amount of Line 14 at Sibling rate (17) .00 X 12 = .00 18. Amount of Lire 14 taxable at Collateral/Class B rate (18) .00 X 15 . .00 19. Principal Tax Due (19 )- 5,042.50 TAY f`_vvnTTCe FAYREff DATE RECEIPT NUMBER DISCOUNT t *) INTEREST/PEN PAID (-) AMOUNT PAID 02-06-2001 AA477974 252.13 4,790.38 TOTAL TAX CREDIT 5,042.51 BALANCE OF TAX DUE .O1CR INTEREST AND PEN. .00 TOTAL DUE OICR ¦ IF PAID AFTER DATE INDICATED, SEE REVERSE ( IF TOTAL DUE IS LESS THAN 01, NO PAYMENT IS REQUIRED. FOR CALCULATION OF ADDITIONAL INTEREST. IF TOTAL DUE IS REFLECTED AS A "CREDIT" (CR), YOU MAY BE DUE A REFUND. SEE REVERSE SIDE OF THIS FORM FOR INSTRUCTIONS.) School : Road- 1 12/11/2008 1:19:57 PM CUMBERLAND COUNTY Inst.# 200827576 -Page 4 of ! I PRC VA M? ?R Cumberland County PA Tax Mapper t,,, d Addr Pnn: i,v"J, P 'a Hesulic 46-09-0521-041 (11 Parcels (1) • 'J 46-09-0521-041 Map Contents I - J T-Mapper i « Building Footprints Public Facilities Public Schools J Unmcorparated Towns Emergency Service Locations J Roads Parks i + Parcels v Municipality voting Preancts • v Hydrology j v 2003 Orthophotography Page 1 of 1 I.!}p GSS T;,,A Mappin httn•//rruic rrna net/taxmanner/ 12/1 1/2008 EXHIBIT "4" w. r n c.aworo?>ti -,.?,' nh i?"'4''ab^.+` 'c .;: `C' ',k `?' eF'.JR..$`' .rr? y ''?y' , ? F C" '? ,?I, ' '?. 'd! s?5 7 7. ''' J?. Farm No. 1402.01; - ALTA Owner's Policy (6-17-06! a s A M E R 1100302P120600 N"106772142 PAo (As Modified by TLRBOP) OWNER'S POLICY OFrITLEIN ?L S WR .N.,?? ?- ISSUED BY 'rr°.sr X11-rwr`ii_-an ir-le- ?r?5'a'rr'??n-c r..,rJ7r??rwlrr? Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, FIRST AMERICAN TITLE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by iil forgery, fraud, undue influence, duress. incompetency, incapacity, or impersonation; ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized. or delivered; liv) failure to perform those acts necessary to create a document by electronic means authorized by law. (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or ,vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid 3 Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating tr; (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in Thal notice. 6 An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7 The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8 Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (bl because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii)to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10.Any detect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A, The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this policy, but only to the extent provided in the Conditions. V r ;{ '', ov a 4 ? ) ' .i r r First American Title Insurance Company OWNER'S FORM SCHEDULE A Policy Number: 106772142 PAO Date of Policy: 1/1.2/2009 Amount of Insurance: $150,000.00 File Number: 08.3158 1. Name of Insured on the Owner's Policy: Iron Triangle, LLC, its successors and/or assigns 2. The estate or interest in the land described in this Schedule and which is encumbered by the insured mortgage is Fee Simple: 3. The estate or interest referred to herein is at Date of Policy vested in the insured. Iron Triangle, LLC by virtue of Deed from Medusa Metals, LLC dated January 7, 2009 and recorded January 12, 2009 to Cumberland County Instrument Number 200900872. 4. The land referred this policy is situated in the State of Pennsylvania, County of Cumberland and described as follows: SEE LEGAL DESCRIPTION ATTACHED. I SS500-00181 PA 1 0/20 This policy valid only if the Schedule 'A' is attached First American Title Insurance Companv OWNER'S FORM SCHEDULE B POLICY NUMBER 106772142 PAO This policy does not insure against loss or damage by reason of the following: Special Exceptions: The mortgage, if any, referred to in item 4 of schedule A, and the following exceptions: Any variation in location of the lines or dimensions or other matters, which an accurate survey would disclose. 2. Easements, or claims of easements, not shown by the public record. Possible additional tax assessments for new construction and/or major improvements. 4. Rights or claims of parties in possession or under the terms of any unrecorded lease or agreement(s) of sale. 5. Coal and mining rights and all rights related thereto. NOTICE: THIS DOCUMENT DOES NOT INCLUDE OR INSURE THE TITLE TO THE COAL RIGHT OF SUPPORT UNDERNEATH THE SURFACE LAND DESCRIBED OR REFERRED TO HEREIN AND THE OWENR OF OWNERS OF SUCH COAL MAY HAVE THE COMPLETE LEGAL RIGHT OT REMOVE ALL OF SUCH COAL AND IN THAT CONNECTION, DAMAGE MAY RESULT TO THE SURFACE OF THE LAND AND ANY I (OUSE, BUILDING OR OTHER STRUCTION ON OR IN SUCH LAND, TI IE INCLUSTION OF THIS NOTICE DOES NOT ENLARGE RESTRICT OR MODIFY AND LEGA RIGHTS OR ESTATE OTHERWISE CREATD, TRANSFERREDM EXCEPTED OR RESERVED BY THIS INSTRUMENT. 6. Exceptions that were shown on Commitment and have not been cleared prior to or at time of Settlement and any new matters recorded at the time of settlement. I SS500-001 81 PA 10/20 This policy valid only if the schedule "A' is attached First American Title Insurance Company OWNER'S FORM SCHEDULE B continued POLICY NUMBER 106772145 PAO 7. Under and subject to a right of way maintenance agreement with Jason E. Failor as set forth at Cumberland County Instrument Number 200827576. I SS500-00 1 8 1 PA 10120 This policy valid only if the schedule "A is attached First American Title Insurance Compam 711 OWNER'S FORM LEGAL DESCRIPTION POLICY NUMBER: 106772142 PAO ALI, that certain tract of land with the improvements thereon erected situate in West Pennsboro Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center of a public road leading from the Ritner Highway to the Crossroads School House on the Carlisle to Newville Public Road; thence along lands now or formerly of Gordon L. Morrison, South 40 degrees 15 minutes East a distance of 92 feet to a cherry tree; thence by the same South 63 degrees 40 minutes West a distance of 1,189.2 feet to a post; thence along the lands now or formerly of Samuel Kitzmiller North 24 degrees 30 minutes West a distance of 300 feet to a post; thence along the lands now or formerly of Norman Jones, North 64 degrees 15 minutes East a distance of 1,575 feet to a point in the center of the public road above described; thence by the center of the above public road South 50 degrees 30 minutes East a distance of 139 feet to a point, the place of beginning. PA 10,120 This policy valid only if the schedule "A' is attached E EXHIBIT "5" 0 0 4 Settlement Statement U.S. Department of Housing And Urban Development OMB NO. 2502-0265 (expires 11/30/2006) B Type of;_oan 1. r FHA 2. E] FmHA 3. o CONY. UNINS. 6. File Number. Number. 8. Mortgage Ins. Case No.: 4. O VA 5El CONYINS. C. Note: This form isfurnished to give you a statement of actual settlement costs. Amounts paid to and y e se ement agent are shown. -- Items marked'(p.o.c.)" were paid outside the dosing; they are shown here for-Informatbnal purpoaea antl are not included in In* totals D. Name and Address ii on'rrianQlc, LLC of Borrowers. 452 Crossroad School Road Carlisle2 PA 17AQ5 E. Name and Address Medusa Metals, LLC of Sellers: 7086 Carlisle Pike Carlisle, PA 6. Property Location: 452 Cross Road School Road J. Summary of Borrower's Transaction 102 Personal property 103. Settlement charges to borrower (line 1400) 104. 105. Adjustments for items paid by seller In advance H. Settlement Agent: Law Offices of Andrea B. Bower 426 Broad Street Montour•svitle, PA 17754 01/08/2009 Andrea B. Bower, Esquire Disbursement Date: 426 Broad Street Montoursville, PA 17754 01 /09/2009 K. Summary of Seller's Transaction 402. Personal property 403. 404. 405. Adiustrrsents for items nail tsv -11- ir, > a.e? 290,000.00 106. City/town taxes to 406. C' /town taxes to 107. County taxes to 407. Counter taxes _ to -- - 108. Assessments cn _ 408. Assessments to 109. School taxes 01/08/2009 to 06/302009 1,603.77 409. School taxes 01/08/2009 to 06/302009 1 603 77 110- 410. , . 111 411. 112. 412. 120. Gross Amount Due From Borrower S446,237,02 420. Gross Amount Due To Seller S441,603.77 ow_ cceoucuons in wmount Uue To Seller 201. Deposit or earnest money 501. Excess deposit (see Instructions) 202 Principal amount of new loan(s) _ 203 E i i l ct to 502. Settlement charges to seller (fine 1400) 9,693.32 x ng - st oan(s) taken subje 503. Existing ban(s) taken subject to 204. 504. Payoff 1 Cornerstone- Federal Credit Union 207 672 205. _.-__ 505_ Payoff 2 , 31 206. 506 207. 507. 208. 508. - 209. 509. .21Q._CItVltown taxes 0110112009 to 01/0132009 0.94 510. City/town taxes 01/01!2009 to 211. County taxes 0 11/01/2009 to 01/088009 10.07 511. County taxes 01/01/2009 to 01/08/2009 0.94 212. Assessments 01/01/200 to 01/08/2009 0.79 512. Assessments 01/01/2009 to 01/08/2009 10.07 0.79 213. 513. 214. 514. --"'- 215. - _.- 515. --- 216. SIB. 217_ 517, 218. _ 518. 219. 519. -- - 220. Total Paid By/For Borrower $11.80 520. Total Reductions Amount Due Seller inn r.•et. wa c_...____. r-___.r_ .._-_.___ _ - 5217 77.43 301. Gross amount due from borrower line 120 302. Less amount aid by/for borrower line 220 S446,237.02 S11.80 601. Gross amount due to seller (line 420 602_ Less reductions In amount due seller line 520 S441 603.77 5217,377,43) 303. CASH ?Q FROM 0 TO BORROWER: S44ft,225.22 603. CASH QTO QFROM SELLER: 5224,22634 Buyer's Initials Seller's Initials Scuian 5 of the Real Gum S-1-1 Pmc d- Act (RGSPA) raaiui- the foth,wing? - Hfin aril a. I P. Se.:twn d(.) ufRESPA nwndntr• that FiUD Jeva•1up d prrterib< O.is standard form b bs wed e[ Ns dms of Spu.ial Infw nratiw. 11-kict w hdp p- Lm.u.uina nwwrcy w n- d- pur.:b staM ese of residmdd real esum torso sealernen[ w provtds alit dleebctde ofall eltaraes impaed u m Dever uMw die a- and sects K roal esuts csulement services; • each lender er must provtds the pun lira borrower wa, WN, Thaware third til na t p borrow mow Piety disclosures that as designed to provide the borrower with pertinent information diners the settlatacet booklet to all sppliceau, awn whom it receives or for wbom it la,"a w o written pp % Process iw order 10 be a belle" ahoppee. The Public Reponins nurden for dais collection or infn_tioa is to fiawle : the purchase of midontad real testate; - l endm must prepare and dntibute wlh the Hooklel a stood e,timatrd n avmae one hazer pv rea(pnse, i ltrdin the time far reviewix _huctions searching eeicuns rank FE.rimam of the-de-cal - due d.c hrw-wer :. likely m inr„r in -4h rho. serrl4ment. data wureea, pd.erina and mdmeinina dae deta ae'dad. and rempte.lea and aa,i lna O.w eelNpton of These disclaims are manadatury infbrmsdon. This a6eneY may "rot collect this Information, and you are act required to complete this Porn, unless it display, a currently valid OMB comrol rumba. 1030 F. Name and Address of tender None ?. de-Tent Charges Settlement Statement P i00_ Total Sales/Brokees Commission based on price $ 150 000 00 d age 2 , . ( % _ Division of Commission (line 700) as follows: Paid From 701 to Borrower's Paid From Seller's Funds 702 to - Funds at at Settlement 703. Commission paid at Settlement -- - Settlement 704. 800. Items Payable in Connection With Loan --- 801. Loan Origination Fee "/ 802. Loan Discount % -- ------ -- ---_-- -- - 803. A ppraisal Fee 804. Credit Report -- 805• Lender's Inspection Fee 802- Mortsaee Insurance AOOlication Tee - --- -- 807. Assumption Fee -- - - -- 808. Flood Certification 809. 812. 815. 900. Items Requirad By L.enderTo Be Paid In Advance 902. Mortgage Insurance Premium for 903. Hazard Insurance Premium for mo. to ' -" 904. yrs. to 1000. Reserves Deposited With Lender 1001. Hazard insurance - 1002. Mortgage insurance rnonths per month 1003. City property taxes months per month -- - 1004. County taxes moot ------ 409 per month 1005. School taxes months C@ per month - - 1006. months IQ -..- par month 1007 months er month 1008. Aggregate Adjustment months -- (M Per month ------ 1100. Title Charges 1101. Settlement or closing fee to 1102. Abstract or title search to 1103. Title examination to --- 1104. Title insurance binder to --- 1105. Document preparation to 1106. Notary fees to 1107. Attorney's fees t0 Andrea B. Bower, Esgairc/Sione La Paver & Shekletskl (includes above Item Numbers: `- _- -- - ---- 1.850.00 1108. Title insurance to Law Offices of Andrea R_ Rower -, (includes above Item Numbers: -_------ I IU8.75 1109. Lender's coverage j 1110. Owner's coverage 150,000.00 -- - - 1 1 "I . Policy Endorsements 1112 . Closing Services Letter - --- 1113. - 1200. .Government Recording and Transfer Charges --- -- . 1201. Recording fees: Deed 49.50 ortgage 1202. City/cuunty tax stamps; Deed Releases 49 50 _ 1203. State tax/stamps Mortgage Deed . ;Mort a e 1204. 00 1! 0.00 1300. Additional Settlement Charges - 1301. Cost Advance to Andrea B. Bower, "quire - 1302. Co" Advance to Stone, LaFaver & Shekletski ---" - - - - __ 125.00 -- 1303. 2008 Real Estate taxes to Cumberland County Tax Claim bureau 1304. Tax Certification to Deborah Piper. Tax Collector 1305 Gift dk Associates to Accounting Service -------- 4,4 1400. Total Settlement Charges (enter on lines 103, Section J and 502 S 9 , ection K) 1 have I ICA A- -I my account or by me in this U- --` unu 10 Inc best Of my knowledge and belief, it is a true and accurate statement or alt rcdisbursements ede 9o3n32 Borrowers? ansacfion_ I further certify that I havu revived a copy of the HUD-1 Settlement Statement (pages 1 and 2). eipts _ and a Sellee Iron Triangle, ILLC Medusa Is, L The HUD- I Settlement Staterpant which a hav prepared 1 - V statement. ate account of this tron6action. I ha caused rx will rouse the funds to be disbursed in accordance with this Settlement Agent = Date O V08l2009 WARNING: It is a cnme to knovAgly make false stat ents the United Slates on this or any ollwr similar form. Penalties upon conviction For detalls Gee: Title 18 U.S. Code Section 1001 and Section 1010. can include a fine and Imprisonment Previous editions are obsolete 1031 4 P • CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by Certified Mail, Restricted Delivery, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: FIONA K. FADNESS, ESQUIRE 301 SOUTH HANOVER STREET CARLISLE, PA 17013 IRWIN & McKNIGHT, P.C. Date: March 27, 2012 By:? Douglas G. ill er, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Attorney for Defendants IRON TRIANGLE, LLC : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2011-1434 CIVIL TERM GARRY M. and MERRILYN FAILOR, : -- And PAUL E. and DARLA J. FRYE, JR.: QUIET TITLE = M ? = Defendants. :? ..,. M 4 -? DEFENDANTS' MOTION FOR SUMMARY JUDGMENT v = ?; w rT) AND NOW, this 19th day of April, 2012, comes the Defendants, Garry M. and Merrilyn Failor and Paul E. and Darla J. Frye, Jr., by and through their attorneys, Irwin & McKnight, P.C., and respectfully request that the Court enter an Order granting summary judgment in their favor and against the Plaintiff, and in support thereof avers as follows: 1. Plaintiff instituted this particular action against Defendants on or about February 11, 2011. 2. The Plaintiffs Complaint is titled a quiet title action, and its primary request for relief, seeks "an order granting Iron Triangle, LLC ownership of the Salvage Yard Property in Fee Simple with no life estates encumbering said property." 3. Plaintiff admits in Paragraph 8 of its Complaint, that at the time Plaintiff purchased the "Salvage Yard Property," Defendants Paul E. and Darla J. Frye, Jr., resided in the residential home located on the property. 4. Plaintiff admits in Paragraph 9 of its Complaint, that at the time Plaintiff purchased the "Salvage Yard Property," Defendants Garry M. and Merrilyn Failor resided in a trailer also located on the property. 5. Plainiff, however, states that no life estate was recorded in the Cumberland County Courthouse (Pl. Compl. ¶ 15), the title search performed by Plaintiff did produce "any documentation indicating any life estates on said property" (Pl. Compl. ¶ 19), and Plaintiff therefore purchased the property "with no recorded evidence of a life estate encumbering said property" (Pl. Compl. ¶ 20). 6. The Agreement for Sale of Real Estate signed by Plaintiff's members, however, explicitly states the following in Paragraph 21, entitled "Acknowledgement of Life Estates": "The Buyers hereby acknowledge that the house situate on the property is subject to a life estate in favor of Darla Frey [sic]. The Buyers further acknowledge that the lot occupied by one of the mobile homes on the property is subject to a life estate in favor of Gary Failor." (Praecipe to Enter Contract & Title Search Docs of Record, Ex. "III) 7. The title search notes from the real estate attorney that represented Plaintiff in the purchase of the property, also reflect the prior ownership of the property by Robert W. Failor and Shirley L. Failor, the Cumberland County Orphans' Court litigation involving the Estate of Robert W. Failor, and the Order of July 12, 2002, by the Honorable Kevin A. Hess which removed a co-executor of the Estate of Robert W. Failor and which accompanying Opinion specifically referenced that certain beneficiaries would receive life estates upon the decedent's real estate. (Praecipe to Enter Contract & Title Search Docs of Record, Ex. "Y) 8. Recorded maps included as part of attorney's title search file, also specifically locate both the residence and the mobile homes upon the property. (Praecipe to Enter Contract & Title Search Docs of Record, Ex. "Y) 9. Both residences occupied by the Defendants are located between Crossroad School Road and the metal shop building, and are therefore obvious to anyone driving to the salvage yard business. (Praecipe to Enter Contract & Title Search Docs of Record, Ex. "Y). 10. The real estate title insurance policy issued to the Plaintiff also explicitly states in Schedule B that the policy does not insure against loss or damage by reason of "rights or claims of parties in possession or under the terms of any unrecorded lease or agreement(s) of sale. (Praecipe to Enter Contract & Title Search Docs of Record, Ex. "4"). 2 11. By virtue of the Plaintiff's own Agreement for Sale of Real Estate signed in November 2008, Plaintiff was aware of both the existence of and structures subject to life estate interests by the Defendants. 12. 21 P.S. § 351 governs recordings in Pennsylvania and reads in pertinent part as follows: "All deeds, conveyances, contracts, and other instruments of writing wherein it shall be the intention of the parties executing the same to grant, bargain, sell, and convey any lands, tenements, or hereditaments situate in this Commonwealth, ..., shall be recorded in the office for the recording of deeds in the county where such lands, tenements, and hereditaments are situate. Every such deed, conveyance, contract, or other instrument of writing which shall not be acknowledged or proved and recorded, as aforesaid, shall be adjudged fraudulent and void as to any subsequent bona fide purchaser or mortgagee or holder of any judgment, duly entered in the prothonotary's office of the county in which the lands, tenements, or hereditaments are situate, without actual or constructive notice unless such deed, conveyance, contract, or instrument of writing shall be recorded ...." (emphasis added). 13. Pennsylvania appellate courts have ruled that the effect of 21 P.S. § 351 is to protect subsequent bona fide purchasers, but that the statute does not invalidate someone's unrecorded ownership interest in land. See Land v. Pennsylvania Housing Finance Agency, 101 Pa. Commw. 179,184, 515 A.2d 1024, 1026 (1986). 14. To be a bona fide purchaser, Pennsylvania appellate courts have further held that in addition to paying valuable consideration, a purchaser must "have no notice of the outstanding rights of others, and act in good faith" (emphasis in original). Poffenberger v. Goldstein, 776 A.2d 1037, 1042 (Pa. Commw. 2001), citin Carnegie Natural Gas Co. v. Braddock, 142 Pa. Commw. 383,597 A.2d 285,288 (1991). 15. As early as November 2008, Plaintiff was put on notice of the existence of the Defendants' life estate interests in the subject property. 16. In accordance with both Pennsylvania statutory and case law precedent, the life estate interests of the Defendants are still valid, even if unrecorded, as long the Plaintiff had actual or constructive notice of those interests. 3 17. The documents of record in this matter clearly show that Plaintiff had both actual and constructive notice of the life estate interests of the Defendants in the real estate prior to Plaintiff purchasing the salvage yard business and property on January 8, 2009. 18. Plaintiff has failed to produce any evidence that it was not aware of the specific life estate interests of the Defendants, and in fact all of the documentation obtained by Defendants from Plaintiff's real estate transaction shows precisely that Plaintiff was explicitly made aware of the life estate interests. 19. Plaintiff is unable to meet its burdens of proof in this Quiet Title action, and has not offered any evidence to substantiate its claims. 20. Plaintiff has failed to sustain its burden of presenting facts which support the averments of its Complaint. 21. As set forth herein, there exists no genuine issue of any material fact with regard to the liability of Defendant Danner. 22. Accordingly, judgment in favor of Defendants and against Plaintiff is proper and just. WHEREFORE, Defendants respectfully request that this Court enter summary judgment in their favor and against Plaintiff on all issues raised in the complaint. Respectfully Submitted, IRWIN & McKNIGHT, P.C. Douglas G. filler, k squire Supreme Court I.D. No. 83776 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendants Date: April 19, 2012 4 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by facsimile and hand delivery on the date set forth below: FIONA K. FADNESS, ESQUIRE 301 SOUTH HANOVER STREET CARLISLE, PA 17013 Date: April 19, 2012 IRWI & McKNIGHT, Traci D. Smith Assistant to Douglas G. Miller, Esquire West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 IRON TRIANGLE, LLC Plaintiff, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-1434 CIVIL TERM GARRY M. and MERRILYN FAILOR, : And PAUL E. and DARLA J. FRYE, JR.: QUIET TITLE Defendants. : ORDER OF COURT AND NOW, this o day of April, 2012, upon consideration of the attached Motion a CWI'E- • for Summary Judgment it is hereby ordered and directed that summary judgment "emefed-in of ac m i was ware o of -ref an s pnor o pu i BY THECWR?T, THE HONORABLE EDWARD E. GUIDO {...,7 ..'f? For Distribution: Esquire ? Fiona K. Fadness z?, -v , Attorney for Plaintiff Douglas G. Miller, Esquire A ? Attorney for Defendants eop'jes rm.a.; ed '?I ?l? IRON TRIANGLE, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. GARRY M. AND MERRILYN FAILOR AND PAUL E. AND DARLA J. FRYE, JR., QUIET TITLE Defendant NO. 2011-1434 CIVIL TERM IN RE: BRIEFS DUE ORDER OF COURT AND NOW, this 20th day of April, 2012, the parties are given 20 days from today's date within which to file briefs in support of their respective positions and specifically detailing any issues they wish the Court to address in our Final Order. Any matters not raised in the brief will be deemed to have been waived. By the Court, Edward E. Guido, J. Fiona K. Fadness, Esquire Attorney for Plaintiff Douglas G. Miller, Esquire Attorney for Defendants ;, - srs 'lied 41e6 ma. A441G p' ca° r-y -M- -c ,., c v C= ' c IRON TRIANGLE, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. GARRY M. AND MERRILYN FAILOR AND PAUL E. AND DARLA J. FRYE, JR., QUIET TITLE Defendant NO. 2011-1434 CIVIL TERM IN RE: FINDINGS OF FACT ORDER OF COURT AND NOW, this 20th day of April, 2012, after hearing, we make the following Findings of Fact: 1. Defendants were granted valid life estates on July 9, 2003, by Gwen A. Hippensteel, Executrix of the Estate of Robert Failor, Sr. 2. The life estates were granted pursuant to the terms of a Family Settlement Agreement approved by Judge Hess in his Opinion and Order of July 12, 2002, filed at No. 21-01-0013 in the Orphans' Court Division of this Court. 3. Defendants never recorded the Articles of Agreement granting them their life estate. 4. Plaintiff acquired the property by deed dated January 7, 2009. 5. At the time Plaintiff acquired the property, he had both actual and constructive knowledge of the existence of the life estates. By, the Court, f Edwar E. Guido, J. ?r> Fiona K. Fadness, Esquire Attorney for Plaintiff ? Douglas G. Miller, Esquire Attorney for Defendants srs 00,,,4'6 {'tall; le4 11,;1g11D P-g & IRON TRIANGLE, LLC, Plaintiff V. GARRY M. and MERRILYN FAILOR, and PAUL E. and DARLA J. FRYE, JR., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-1434 CIVIL TERM ORDER OF COURT AND NOW, this 15TH day of JUNE, 2012, after reviewing the briefs of the parties, argument is scheduled thereon for FRIDAY. JULY 13, 2012, at 1:30 p.m. in Courtroom # 3. '? Fiona K. Fadness, Esquire V Douglas G. Miller, Esquire V Court Administrator ??l By the Court , Edward E. Guido, J. rrn' r 1 C_? ' ?. s.> 1-7 _ C0 v. e ?; IRON TRIANGLE, LLC, Plaintiff V. GARRY M. AND MERRILYN FAILOR AND PAUL E. AND DARLA J. FREY, JR., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA QUIET TITLE NO. 2011-1434 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of July, 2012, in light of our findings of fact dated April 20, 2012, we find in favor) of the Defendants and against the Plaintiff on the action td quiet title. We further find in favor of the Plaintiff and against the Defendants on Defendants' counterclaim. It is further ordered and directed as follows: 1. The curtilage for the life estate in Defendants Garry M. and Merrilyn Failor shall be 15 feet on all sides of the residence, and with respect to Defendants Paul E. and Darla J. Frye, Jr., the curtilage shall be 22 feet on the front and back side of the residence, which would include a shed that currently exists, 12 feet on the driveway side of the residence, and 15 feet on the opposite side of the residence. 2. The life tenants are responsible for all property taxes in connection with their life estate. Since property taxes are not separately assessed, they shall be prorated between the parties in light of the curtilage previously ordered. They shall reimburse Plaintiff for any s taxes paid on the buildings and curtilage that form part of this life estate from and after January 7, 2009. 3. The life tenants are responsible for keeping the premises in a good state of repair. They shall forthwith correct any black mold problems and sagging rafters on the premises. They shall also replace the groun? dug up for the water pipe and make any necessary repairs to the septic systems. 4. Plaintiff is entitled to reasonable access tol the Defendants, premises for purposes of inspection. Reasonable access shall mean access once quarterly upon 48 hours written notice. 5. The Plaintiff shall pay his pro rata share of the electric bill incurred by Defendants Frye as a result his use of the water pump located in their basement. If t parties are unable to agree upon the appropriate amount of his pro rata share, we shall hold a hearing thereon at the request of either party. By the Co t, Edward E. Guido, J. Fiona K. Fadness, Esquire For the Plaintiff Douglas G. Miller, Esquire For the Defendants :lfh C@?i e5 n&a.jed -7//g//.;,, M OD C g CO a -r; T, -TA w.? LAW OFFICE OF ANDREW H. SIIAW,P.C. Andrew H. Shaw,Esquire ID. No. 87371 200 S. Spring Garden Street, Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA IRON TRIANGLE, LLC, Plaintiff QUIET TITLE V. — NO.: 2011-1434 -'a GARRY M. AND MERRILYN FAILOR and mot' c L PAUL E. AND DARLA J. FREY, JR., `` -0 {� �: Defendants �.�,, PETITION FOR CONTEMPT AND NOW comes the Plaintiff, Iron Triangle, LLC, by and through its attorney, Andrew H. Shaw, and petition the Court as follows: 1. Plaintiff filed a Complaint to Quiet Title against Defendants on or about February 7, 2011, seeking the Court to issue an order granting Plaintiff ownership of the relevant property in fee simple with no life estates encumbering the property. 2. On or about June 28, 2011, Defendants filed an Answer and Counterclaim. 3. By Order dated July 13, 2012 (hereinafter "Order"), this Honorable Court found in favor of Defendants, and against Plaintiff, in Plaintiff s cause of action, and further found in favor of Plaintiff and against Defendants on Defendants' counterclaim. A copy of the Order is attached hereto and incorporated by reference as Exhibit A. 4. Pursuant to Paragraph 2 of the Order, Defendants "are responsible for all property taxes in connection with their life estate." S. Further, Defendants are required to reimburse Plaintiff for each Defendant's share of the property taxes. 6. Further,pursuant to Paragraph 3 of the Order, the Defendants"are responsible for keeping the premises in a good state of repair. They shall forthwith correct any black mold problems and sagging rafters on the premises. They shall also replace the ground dug up for the water pipe and make any necessary repairs to the septic system." 7. Further,pursuant to Paragraph 4 of the Order, "Plaintiff is entitled to reasonable access to the Defendants' premises for purposes of inspection." (Contempt of Paul E. and Darla J. Frey,Jr.) 8. Plaintiff hereby incorporates Paragraphs I through 7 as if set forth more fully herein. 9. Within one (1)month of the date of the Order, the Defendants Paul E. and Darla J. Frey, Jr. vacated the residential premises with no notice to Plaintiff. 10. At the time the Defendants Paul E. and Darla J. Frey, Jr. vacated the premises,they locked all of the doors to the residence, and turned off the electricity to the residence. 11. Consequently, Plaintiff was unable to access the well pump located in the basement of the residence that services Plaintiff's mobile home. 12. As a result of these actions, the residence was jeopardized by having no heat in the residence, increasing the risk of frozen pipes. 13. Because Defendants Paul E. and Darla J. Frey, Jr. turned off the electricity,the Plaintiffs have been forced to use portable heaters in the house to prevent the pipes from freezing. 14. Plaintiff has incurred damages in excess of$200 maintain the portable heaters. 15, Further, Plaintiff has determined that Defendants Paul E. and Darla J. Frey, Jr. failed to correct any black mold problems or repair the sagging rafters in the residence. 16. Further, Defendants Paul E. and Darla J. Frey,Jr. have refused to reimburse Plaintiff for previous property taxes paid, despite a written request by Plaintiff. An unsigned copy of a letter dated July 26,2012 that was mailed on same date is attached hereto and incorporated by reference as Exhibit B. 17. Lastly,Plaintiff has discovered that the septic system for the Freys' property has failed, and must be replaced. 18. The actions by Defendants Paul E. and Darla J. Frey, Jr. constitute waste,thereby jeopardizing Plaintiff's interest in the property as the remainderman. 19. Further,the amount of past due taxes for tax years 2009 through 2012 is $7,207.32. 20. Plaintiff must also pay the real estate taxes for tax year 2013 for the local and municipal taxes. 21. Lastly, because of the extensive damage to the residential dwelling due to the mold, the required roof repairs and the failed septic system, Plaintiff anticipates that it will be more cost effective to raze the building rather than make the repairs. 22. Despite the clear language of this Court's Order, Defendants have knowingly, purposefully and intentionally violated the same. 23. The above-referenced actions by Defendants are knowing and intentional violations of this Court's Order dated July 13, 2012. WHEREFORE, Plaintiff respectfully requests this Honorable Court to find the Defendants in contempt of the July 13, 2012 Order of court and impose sanctions against Defendants in the amount of the damages averred above, and further direct Defendant to pay Plaintiff for all of its attorney's fees, costs and any other fees related to the filing of this Petition. (Contempt of Garry M. and Merrilyn Failor) 24. Plaintiff hereby incorporates Paragraphs I through 23 as if set forth more fully herein. 25. Defendants Garry A and Merrilyn Failor have failed to replace the ground dug up for the water pipe for the installation of the septic system, as required in Paragraph 3 of the Order. 26. Further, Defendants Garry A and Merrilyn Failor have refused to reimburse Plaintiff for previous property taxes paid, despite a written request by Plaintiff. An unsigned copy of a letter dated July 26, 2012 that was mailed on same date is attached hereto and incorporated by reference as Exhibit C. 27. The actions by Defendants Garry A and Merrilyn Failor constitute waste, thereby jeopardizing Plaintiff's interest in the property as the remainderman. 28.Despite the clear language of this Court's Order, Defendants have knowingly, purposefully and intentionally violated the same. 29. The above-referenced actions by Defendant are knowing and intentional violations of this Court's Order dated July 13, 2012. 30. The Honorable Edward E. Guido has ruled upon other related issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to find the Defendants in contempt of the July 13, 2012 Order of court and impose sanctions against Defendants in the amount of the damages averred above, and further direct Defendant to pay Plaintiff for all of its attorney's fees, costs and any other fees related to the filing of this Petition. Respectfully Submitted, ii Date: By: Andrew H. Shaw, Esquire 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 (717) 243-7135 (717) 243-7872 facsimile Attorney for Plaintiff VERIFICATION I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Daniel Emery,Member of Iron Triangle, LLC IRON TRIANGLE, LLC, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. GARRY M. AND MERRILYN FAILOR AND PAUL E. AND DARLA J. FREY, JR. , : QUIET TITLE Defendants : NO. 2011-1434 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of July, 2012, in light of our findings of fact dated April 20, 2012, we find in favor of the Defendants and against the Plaintiff on the action tD quiet title. We further find in favor of the Plaintiff and against the Defendants on Defendants , counterclaim. It is further ordered and directed as follows: 1 . The curtilage for the life estate in Defendants Garry M. and Merrilyn Failor shall be 15 feet on all sides of the residence, and with respect to Defendants Paul E. and Darla J. Frye, Jr. , the curtilage shall be 22 feet on the front and back side of the residence, which would include a shed that currently exists, 12 feet on the driveway side of the residence, and 15 feet on the opposite side of the residence. 2 . The life tenants are responsible for all property taxes in connection with their life estate. Since property taxes are not separately assessed, they shall be prorated between the parties in light of the curtilage previously ordered. They shall reimburse Plaintiff for any EXHIBJT taxes paid on the buildings and curtilage that form part of this life estate from and after January 7, 2009. 3 . The life tenants are responsible for keeping the premises in a good state of repair. They shall forthwith correct any black mold problems and sagging rafters on the premises. They shall also replace the ground dug up for the water pipe and make any necessary repairs to the septic systems. 4 . Plaintiff is entitled to reasonable access to the Defendants, premises for purposes of inspection. Reasonable access shall mean access once quarterly upon 48 hours written notice. 5 . The Plaintiff shall pay his pro rata share of the electric bill incurred by Defendants Frye as a result o his use of the water pump located in their basement. If the parties are unable to agree upon the appropriate amount of his pro rata share, we shall hold a hearing thereon at the request of either party. By the C t, Edward E. Guido, J. CD ✓ Fiona K. Fadness, Esquire For the Plaintiff co SC, V Douglas G. Miller, Esquire V, cc For the Defendants . lfh etp4 'le i es' K&4. d Awl / Iron Triangle, LLC 452 Crossroad School Road Carlisle, PA 17015 J ly 26, 2012 4 2 Crossroad School Road C rlisle, PA 17015 R Property Taxes D ar Darla and Paul Frye, We have consulted the courthouse regarding the property taxes for the residence home i which you currently have the life estate. The breakdown is as follows: T x Year 2010: $1,759.90 T x Year 2011: $1,861.74 � / x Year 2012: $1,895.58 The total amount currently due is $7,207.32. Property taxes are a matter of public � t e home have been adjusted to account for court for the home as well (pe. .°~".= .""+ Your timely response to this matter would begreatly preciated. Iron Triangle, LL[ :EXHIBIT' | � / � i Iron Triangle, LLC 452 Crossroad School Road Carlisle, PA 17015 July 26, 2012 G rry & Merrilyn Failor 4 6 Crossroad School Road C lisle, PA 17015 R : Property Taxes D ar Garry& Merrilyn Failor, We have consulted the courthouse regarding the property taxes for the amount of p perty upon which your trailer resides and have determined the amount of taxes owed per y ar is as follows: T x Year 2009:$12.43 T x Year 2010: $12.94 T x Year 2011: $19.11 T Year 2012: $19.45 The total amount currently due is $63.93. Property taxes are a matter of public record so you should be able to confirm this value rather easily. Please note that the taxes for the gr and upon which you reside has been adjusted to included the curtilage provided by the C urt. Your timely response to this matter would be greatly appreciated. Iron Triangle, LLC EXHIBIT CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Plaintiff's Petition for Contempt, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Douglas G. Miller, Esquire Irwin& McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendants j Date: — -- / Andrew . S aw, Esquire Sup. Ct. I.D. No. 87371 Law Office of Andrew H. Shaw, P.C. Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiff I r , LAW OFFICE OF ANDREW H SHAW, P.C. By: Andrew H. Shaw,Esquire � �� P 'Eft ID. No. 87371 ?"(Jt'} £F'L 200 S. Spring Garden Street, Suite 11 �. ' ! Carlisle,PA 17013 ��r��s��.��¢g�t1Yj (717) 243-7135 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IRON TRIANGLE, LLC, Plaintiff . QUIET TITLE v. NO.: 2011-1434 GARRY M. AND MERRILYN FAILOR and . PAUL E. AND DARLA J. FREY,JR., Defendants PRACEIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of Andrew H. Shaw, Esquire as counsel of record for the Plaintiff. Date: y'" - �3 BY: 1i —' `, 4. Andrew H. Shaw, Esquire Sup. Ct. ID No. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 (717) 243-7135 CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Praecipe To Enter Appearance, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Douglas G. Miller, Esquire Irwin&McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendants /73 / Date: 4` ____ 4 Andrew H. S aw, Esquire Sup. Ct. I.D. No. 87371 Law Office of Andrew H. Shaw, P.C. Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiff T- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA IRON TRIANGLE,LLC, Plaintiff QUIET TITLE V. -a "�F- NO.: 2011-1434 �° z'�" o,� GARRY M.AND MERRILYN FAILOR and PAUL E. AND DARLA J. FREY,JR., ,, N) a i Defendants v Cµ RULE TO SHOW CAUSE AND NOW,this day of April,2013,upon consideration of Plaintiff's Petition For Contempt, IT IS HEREBY ORDERED AND DIRECTED THAT: 1. A rule is issued upon Respondent to show cause why Petitioner's Petition should not be granted. M G� j 2. Respondent shall file an Answer on or before _ 52013. 3. If no Answer to the Rule to Show Cause is filed by the required date,the relief requested by Respondent shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If Respondent files an Answer to this Rule to Show Cause, and the Answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled` t4 ATO"IYO fAP -44 --The Pird.0117owy is alrecTM M;;I swer to-EmrCTh. TBrwaru IN J. Distribution:✓Andrew H. Shaw,Esquire(Attorney for Plaintiff) ,yte /Douglas G. Miller, Esquire(Attorney for Defendants) 0,vj,o' 3 IRON TRIANGLE,LLC : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 2011 -1434 CIVIL TERM : QUIET TITLE CD = GARRY M. and MERRILYN FAILOR, : =M rri F -;,::o And PAUL E. and DARLA J. FRYE,JR. : Defendants. JURY TRIAL DEMANDED)=::- C7 DEFENDANTS' ANSWER TO PLAINTIFF'S PETITION FOR CONTEMPT and RULE TO SHOW CAUSE AND NOW this 30th day of April, 2013, come the Defendants, GARY M. FAILOR, MERRILYN D. FAILOR, PAUL E. FRYE, JR., and DARLA J. FRYE, by and through their attorneys, Irwin&McKnight, P.C., and respectfully file this Answer to the Petition for Contempt of the Plaintiff, IRON TRIANGLE, LLC, and the Rule to Show Cause dated April 4, 2013, and in support thereof aver as follows: 1. The averments in paragraph one (1) are admitted in part and denied in part. It is admitted that Plaintiff filed a Complaint on February 7, 2011. The remaining averments in paragraph one (1), including the incorrect characterization of Plaintiffs Complaint, are specifically denied and strict proof thereof is demanded. 2. The averments of fact in paragraph two (2)are admitted. 3. The Order of Court dated July 13, 2012, and referenced in paragraph three (3) and attached as Exhibit A to Plaintiffs Petition speaks for itself and therefore no response is required. 4. The averments in paragraph four (4) are denied as stated. The Order of Court dated July 13, 2012, and referenced in paragraph four (4) also states that taxes are to be prorated and paid on the buildings and curtilage that form part of the life estates after January 7, 2009. The remaining averments in paragraph four (4), including any inference that Plaintiff provided Defendants or their legal counsel with a statement of prorated taxes, or that Plaintiff properly calculated such taxes, or that Plaintiff ceased the harassment and interference with the life estate interests of Defendants, are specifically denied and strict proof thereof is demanded. 5. The averments in paragraph five (5) are denied as stated. The Order of Court dated July 13, 2012, and referenced in paragraph five (5) also states that taxes are to be prorated and paid on the buildings and curtilage that form part of the life estates after January 7, 2009. The remaining averments in•paragraph five (5), including any inference that Plaintiff provided Defendants or their legal counsel with a statement of prorated taxes, or that Plaintiff properly calculated such taxes, or that Plaintiff ceased the harassment and interference with the life estate interests of Defendants, are specifically denied and strict proof thereof isdemanded. 6. The averments in paragraph six (6) are denied as stated. It is admitted that the Order of Court dated July 13, 2012, and specifically paragraph three (3) of the Order referenced in paragraph six (6) states that the life tenants are to be responsible for keeping the premises in a good state of repair. The remaining averments in paragraph six (6), including any inference that Defendants have not maintained the premises in a good state of repair, or that Plaintiff ceased the harassment and interference with the life estate interests of Defendants, or that Plaintiff did not intentionally sabotage the maintenance and repair efforts of Defendants, are specifically denied and strict proof thereof is demanded. 7. The averments in paragraph seven (7) are denied as stated. It is admitted that the f Order of Court dated July 13, 2012, and specifically paragraph four (4) of the Order referenced 2 in paragraph seven (7) states that the Plaintiff is entitled to reasonable access to the Defendants' premises for purposes of inspection one quarterly upon 48 hours written notice. The remaining averments in paragraph seven (6), including any inference that Defendants have not permitted reasonable access in accordance with the aforementioned Order, or that Plaintiff ceased the harassment and interference with the life estate interests of Defendants, or that Plaintiff did not intentionally enter upon the Defendants' premises in violation of the terms of the aforementioned Order, are specifically denied and strict proof thereof is demanded. 8. The averments contained in the Answers to paragraphs one (1) through seven (7) above are hereby incorporated by reference. 9. The averments in paragraph nine (9) are specifically denied and strict proof thereof is demanded. By way of further answer, despite the finding of life estate interests in favor of Defendants, Plaintiff almost immediately continued his practice of repeated harassment and intentional interference with Defendants. Plaintiff's actions included scheduling an inspector to visit the home of Defendants Frye, arguing with the inspector when he did not find any "black mold," and entering upon''the life estate premises in violation of the terms'of the Order of Court. Defendants Frye did in fact notify the Plaintiff that they could no longer live with the harassment and intentional interference o*f their life estate interests,that they were going to move from the home, and that Plaintiff would then have to assume responsibility for the house and electric service. At that time, Defendants Frye scheduled a final electric meter reading. Plaintiff refused to accept the keys to the home or call the electric company to establish a new account for the home. 10. The averments of fact in paragraph ten (10) are specifically denied and strict proof thereof is demanded. By way of further answer, even after the aforementioned Order of Court Plaintiff continued to harass and interfere with Defendants' life estate interests including 3 scheduling an inspector to visit the home of Defendants Frye, arguing with the inspector when he did not find any "black mold," and entering upon the life estate premises in violation of the terms of the Order of Court. Defendants Frye did in fact notify the Plaintiff that they could no longer live with the harassment and intentional interference of their life estate interests, that they were going to move from the home, and that Plaintiff would then have to assume responsibility for the house and electric service. At that time, Defendants Frye scheduled a final electric meter reading. Plaintiff refused to accept the keys to the home or call the electric company to establish a new account for the home. 11. The averments of fact in paragraph eleven (11) are specifically denied and strict proof thereof is demanded. By way of further answer, Plaintiff refused to accept the keys to the home or call the electric company to establish a new account for the home after Defendants Frye gave notice that they were moving. 12. The averments contained in paragraph twelve (12) are scandalous and impertinent, and are also specifically denied and strict proof thereof is demanded. By way of further answer, Plaintiff refused to accept the keys to the home or call the electric company to establish a new account for the home after Defendants Frye gave notice that they were moving. Any purported risk was caused solely by the actions of the Plaintiff and as such should be the Plaintiff's alone to bear. 13. The averments contained in paragraph thirteen (13) are scandalous and impertinent, and are also specifically denied and strict proof thereof is demanded. By way of further answer, Plaintiff refused to accept the keys to the home or call the electric company to establish a new account for the home after Defendants Frye gave notice that they were moving. Upon information and belief, prior to any termination of service the electric company provided 4 advance notice to Plaintiff that electric service would be terminated if Plaintiff did not establish a new account. Any purported risk and expense was caused solely by the actions of the Plaintiff and as such should be the Plaintiff's alone to bear. 14. After reasonable investigation, Defendants are without knowledge or information sufficient to form a belief as to the truth of the averments contained in paragraph fourteen(14) so they are therefore specifically denied and strict proof thereof is demanded at trial. By way of further answer, Plaintiff refused to accept the keys to the home or call the electric company to establish a new account for the home after Defendants Frye gave notice that they were moving. Upon information and belief, prior to any termination of service the electric company provided advance notice to Plaintiff that electric service would be terminated if Plaintiff did not establish a new account. Any purported risk and expense was caused solely by the actions of the Plaintiff and as such should be the Plaintiff s alone to bear. 15. The averments contained in paragraph fifteen (15) are scandalous and impertinent, and are also specifically denied and strict proof thereof is demanded. By way of further answer and upon information and belief, Plaintiff scheduled an inspector to visit the home of Defendants Frye, argued with the inspector when he did not find any"black mold," and continued to enter upon the life estate premises in violation of the terms of the aforementioned Order of Court. All Defendants maintained their life estate interests in a good state of repair, and in spite of the continued harassment and interference by Plaintiff, Defendants Failor continue to reside in and maintain their life estate property. 16. The averments of fact in paragraph sixteen (16) are specifically denied and strict proof thereof is demanded. By way of further answer, Defendants Frye never received the correspondence attached by Plaintiff as Exhibit B. To the contrary, Defendants' legal counsel had called Plaintiffs original attorney and requested that an amount and description of the 5 calculation of the prorated real estate taxes be provided. Neither Plaintiff nor his original attorney responded to the request, and in fact no Plaintiffs attorney contacted the undersigned counsel prior to filing of the instant Petition for Contempt in violation of Cumberland County Rule 208.2(d). Defendants are still unaware of the amount of the Plaintiffs annual real estate taxes or how the purported calculations for contribution were determined. 17. The averments contained in paragraph seventeen (17) are scandalous and impertinent, and are also specifically denied and strict proof thereof is demanded. By way of further answer, Plaintiff and others at the direction of Plaintiff purposefully drove over the ground covering Defendant Frye's septic system. Upon information and belief, Plaintiffs owners, or other individuals acting at the direction of Plaintiff, then contacted West Pennsboro Township to report that the septic system was malfunctioning or had failed. Defendants Frye contacted a septic repair company to correct the damage caused by Plaintiff's representatives, but initially were denied a permit because Plaintiff refused to sign the permit application. Only upon satisfying the township solicitor that Defendants Frye had a legal life estate interest was the permit approved and the septic repair work completed. Any remaining inference that the septic system is in need of further repair or has "failed" was undoubtedly caused solely by the actions of the Plaintiff and as such should be the Plaintiff's expense alone to bear. 18. The averments contained in paragraph eighteen (18) are conclusions of law to which no response is required. To the extent that a response is required, the averments are scandalous and impertinent and are specifically denied and strict proof thereof is demanded. 19. The averments of fact in paragraph nineteen(19) are specifically denied and strict proof thereof is demanded. By way of further answer, Defendants Frye never received the correspondence attached by Plaintiff as Exhibit B. To the contrary, Defendants' legal counsel 6 had called Plaintiff's original attorney and requested that an amount and description of the calculation of the prorated real estate taxes be provided. Neither Plaintiff nor his original attorney responded to the request, and in fact no Plaintiff's attorney contacted the undersigned counsel prior to filing of the instant Petition for Contempt in violation of Cumberland County Rule 208.2(d). Defendants are still unaware of the amount of the Plaintiff's annual real estate taxes or how the purported calculations for contribution were determined. 20. The averments contained in paragraph twenty (20) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded at trial. By way of further answer, Defendants Frye did in fact notify the Plaintiff that they could no longer live with the harassment and intentional interference of their life estate interests, that they were going to move from the home, and that Plaintiff would then have to assume responsibility for the house and its associated obligations. 21. The averments contained in paragraph twenty-one (21) are scandalous and impertinent, and are also specifically denied and strict proof thereof is demanded. By way of further answer and upon information and belief, Plaintiff scheduled an inspector to visit the home of Defendants Frye, argued with the inspector when he did not find any "black mold," and continued to enter upon the life estate premises in violation of the terms of the aforementioned Order of Court. All Defendants maintained their life estate interests in a good state of repair, and in spite of the continued harassment and interference by Plaintiff, Defendants Failor continue to reside in and maintain their life estate property. By way of even further answer, Plaintiff and others at the direction of Plaintiff purposefully drove over the ground covering Defendant Frye's septic system. Upon information and belief, Plaintiff's owners, or other individuals acting at the direction of Plaintiff, then contacted West Pennsboro Township to report that the septic system 7 was malfunctioning or had failed. Defendants Frye contacted a septic repair company to correct the damage caused by Plaintiffs representatives, but initially were denied a permit because Plaintiff refused to sign the permit application. Only upon satisfying the township solicitor that Defendants Frye had a legal life estate interest was the permit approved and the septic repair work completed. Any remaining inference that the septic system is in need of further repair or has "failed" was undoubtedly caused solely by the actions of the Plaintiff and as such should be the Plaintiff's expense alone to bear. 22. The averments contained in paragraph twenty-two (22) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded. By way of further answer, Plaintiff's new attorney did not contact the undersigned counsel prior to filing the instant Petition for Contempt in violation of Cumberland County Rule 208.2(d). If in fact concurrence of counsel had been sought in accordance with Rule 208.2(d), counsel could have been informed of the new matter issues raised herein and the actions of Plaintiff in this matter. 23. The averments contained in paragraph twenty-three (23) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded. By way of further answer, Plaintiff's new attorney did not contact the undersigned counsel prior to filing the instant Petition for Contempt in violation of Cumberland County Rule 208.2(d). If in fact concurrence of counsel had been sought in accordance with Rule 208.2(d), counsel could have been informed of the new matter issues raised herein and the knowing and intentional violations of the Order dated July 13, 2012 by Plaintiff. 8 WHEREFORE, .Defendants respectfully request that this Honorable Court enter a judgment in their favor and against Plaintiff in this matter, together with attorney fees, sanctions, costs, and such other and further relief as this Court deems just. 24. The averments contained in the Answers to paragraphs one (1) through twenty- three (23) above are hereby incorporated by reference. 25. The averments contained in paragraph twenty-five (25) are scandalous and impertinent, and are also specifically denied and strict proof thereof is demanded. By way of further answer, Defendants Failor did replace the ground dug up for their water pipe in accordance with paragraph three (3) of the aforementioned Order. While Defendants Failor were in the process of replacing said ground, however, Plaintiff's owner intentionally removed soil intended to be used by Defendants Failor in an attempt to harass and interfere with their efforts to comply with this Court's Order. Defendants Failor were therefore delayed in completing their work until more topsoil could be obtained. By way of additional answer, even after the aforementioned Order of Court Plaintiff continued to harass and interfere with Defendants' life estate interests including removing the steps to the porch owned by Defendants Failor, constructing a fence where said steps were located, and entering upon the life estate premises in violation of the terms of the Order of Court. 26. The averments of fact in paragraph twenty-six (26) are specifically denied and strict proof thereof is demanded. By way of further answer, Defendants Failor never received the correspondence attached by Plaintiff as Exhibit C. To the contrary, Defendants' legal counsel had called Plaintiff's original attorney and requested that an amount and description of the calculation of the prorated real estate taxes be provided. Neither Plaintiff nor his original attorney responded to the request, and in fact no Plaintiffs attorney contacted the undersigned 9 counsel prior to filing of the instant Petition for Contempt in violation of Cumberland County Rule 208.2(d). Defendants are still unaware of the amount of the Plaintiff's annual real estate taxes or how the purported calculations for contribution were determined. 27. The averments contained in paragraph twenty-seven (27) are conclusions of law to which no response is required. To the extent that a response is required, the averments are scandalous and impertinent and are specifically denied and strict proof thereof is demanded. 28. The averments contained in paragraph twenty-eight (28) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded. By way of further answer, Plaintiff's new attorney did not contact the undersigned counsel prior to filing the instant Petition for Contempt in violation of Cumberland County Rule 208.2(d). If in fact concurrence of counsel had been sought in accordance with Rule 208.2(d), counsel could have been informed of the new matter issues raised herein and the actions of Plaintiff in this matter. 29. The averments contained in paragraph twenty-nine (29) are conclusions of law to which no response is required. To the extent that a response is required, the averments are specifically denied and strict proof thereof is demanded. By way of further answer, Plaintiff's new attorney did not contact the undersigned counsel prior to filing the instant Petition for Contempt in violation of Cumberland County Rule 208.2(d). If in fact concurrence of counsel had been sought in accordance with Rule 208.2(d), counsel could have been informed of the new matter issues raised herein and the knowing and intentional violations of the Order dated July 13, 2012 by Plaintiff. 30. The averments of fact in paragraph thirty (30)are admitted. 10 WHEREFORE, Defendants respectfully request that this Honorable Court enter a judgment in their favor and against Plaintiff in this matter, together with attorney fees, sanctions, costs, and such other and further relief as this Court deems just. Respectfully Submitted, IRWIN & MCKNIGHT,P.C. By: Do as Aurt Miller, squire Supreme ID No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Defendants Dated: April 30, 2013 11 VERIFICATION The foregoing document is based upon information which has been gathered by our counsel and ourselves in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904,relating to unworn falsification to authorities. . 6OZ4 GARRY XI.FAII"105R MI RRIL D. FAILOR Date: 4/29/13 VERIFICATION The foregoing document is based upon information which has been gathered by our counsel and ourselves in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. �I FRY . 2 A LA I FR YE Date: 4/29/13 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by facsimile and hand delivery on the date set forth below: ANDREW H. SHAW, ESQUIRE 200 SOUTH SPRING GARDEN STREET SUITE 200 CARLISLE,PA 17013 Date: May 1, 2013 IRWIN & McKNIGIIT,P.C. DougIV G.$1iller,Esquire Attorney I.D. #83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 LAW OFFICE OF ANDREW H. SHAW,P.C. Andrew H. Shaw,Esquire ID. No. 87371 200 S. Spring Garden Street, Suite 11 Carlisle, PA 17013 (717) 243-7135 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IRON TRIANGLE,LLC, Plaintiff QUIET TITLE V. r c_„ NO.: 2011-1434 4 :44:c r. GARRY M. AND MERRILYN FAILOR and r- `° { PAUL E. AND DARLA J. FRYE,JR., Defendants �- MOTION FOR HEARING AND NOW comes the Plaintiff, Iron Triangle, LLC, by and through its attorney, Andrew H. Shaw, and motions the Court as follows: 1. Plaintiff filed a Complaint to Quiet Title against Defendants on or about February 7, 2011, seeking the Court to issue an order granting Plaintiff ownership of the relevant property in fee simple with no life estates encumbering the property. 2. On or about June 28, 2011, Defendants filed an Answer and Counterclaim. 3. By Order dated July 13, 2012 (hereinafter"Order"), this Honorable Court found in favor of Defendants, and against Plaintiff, in Plaintiff's cause of action, and further found in favor of Plaintiff and against Defendants on Defendants' counterclaim. A copy of the Order is attached hereto and incorporated by reference as Exhibit A. 4. On or about April 3, 2013, Plaintiff filed a Petition for Contempt. 5. By Order dated April 4, 2013, this Honorable Court issued a Rule To Show Cause to Defendants to file an Answer to Plaintiff's Petition For Contempt on or before May 1, 2013. A copy of the Order is attached hereto and incorporated by reference as Exhibit B. 6. Defendants filed an Answer to Plaintiff's Petition for Contempt on May 1, 2013. 7. Defendants' Answer raises disputed issues of material fact. 8. Defendants have issued discovery requests to Plaintiff, to which Plaintiff answered on or about June 19, 2013 and July 27, 2013. 9. On or about August 8, 2013, Defendants, Paul E. Frye, Jr. and Darla J. Frye, filed a voluntary Chapter 7 bankruptcy, listing Plaintiff as an unsecured, nonpriority creditor. 10. On or about November 13, 2013, the Bankruptcy Court granted Defendants, Paul E. Frye, Jr. and Darla J. Frye, a discharge. A copy of the Order is attached hereto and incorporated by reference as Exhibit C. 11. Although previous financial obligations to Plaintiff may have been discharged through the bankruptcy, the remaining obligations from Defendants, Paul E. Frye, Jr. and Darla J. Frye, were not discharged and are ripe for a hearing. 12. Plaintiff is now requesting an evidentiary hearing on its Petition for Contempt. 13. Plaintiff's counsel has contacted counsel for Defendants regarding this Motion, and Defendants' counsel opposes this Motion. 14. The Honorable Edward E. Guido has ruled upon other related issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to schedule an evidentiary hearing related to Plaintiff's Petition for Contempt filed on April 3, 2013. Respectfully Submitted, ,--, op, Date: / —c72°/17( c72°/ By: Ai/ ' Andrew H. haw, Esquire 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 (717) 243-7135 (717) 243-7872 facsimile Attorney for Plaintiff IRON TRIANGLE, LLC, IN THE COURT OF COMMON PLEAS 0 Plaintiff CUMBERLAND COUNTY, PENNSYLVANI, V. GARRY M. AND MERRILYN FAILOR AND PAUL E. AND DARLA J. FREY, JR. , QUIET TITLE Defendants NO. 2011-1434 CIVIL TERM ORDER OF COURT AND NOW, this 13th day of July, 2012, in light of our findings of fact dated April 20, 2012, we find in favor of the Defendants and against the Plaintiff on the action t• quiet title. We further find in favor of the Plaintiff and against the Defendants on Defendants ' counterclaim. It is further ordered and directed as follows: 1 . The curtilage for the life estate in Defendants Garry M. and Merrilyn Failor shall be 15 feet on all sides of the residence, and with respect to Defendants Paul E. and Darla J. Frye, Jr. , the curtilage shall be 22 feet on the front and back side of the residence, which would include a shed that currently exists, 12 feet on the driveway side of the residence, and 15 feet on the opposite side of the residence. 2 . The life tenants are responsible for all property taxes in connection with their life estate. Since property taxes are not separately assessed, they shall be prorated between the parties in light of the curtilage previously ordered. They shall reimburse Plaintiff for any EXHIBIT 14 A. . taxes paid on the buildings and curtilage that form part of this life estate from and after January 7, 2009. 3 . The life tenants are responsible for keeping the premises in a good state of repair. They shall forthwith correct any black mold problems and sagging rafters on the premises. They shall also replace the grount dug up for the water pipe and make any necessary repairs to the septic systems. 4 . Plaintiff is entitled to reasonable access to the Defendants ' premises for purposes of inspection. Reasonable access shall mean access once quarterly upon 48 hours written notice. 5 . The Plaintiff shall pay his pro rata share of the electric bill incurred by Defendants Frye as a result o ' his use of the water pump located in their basement. If the parties are unable to agree upon the appropriate amount of his pro rata share, we shall hold a hearing thereon at the request of either party. By the Court, le6) t-,-, } C, CIt0 F' r.J r "T. Edward E. Guido, J. rp ..1 V' Fiona K. Fadness, Esquire ..�i For the Plaintiff r+ .Za 4r t/ Douglas G. Miller, Esquire 37-40 1=-1 For the Defendants " : lfh et p;es wAa.. led 7//g//, j, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IRON TRIANGLE, LLC, . Plaintiff . QUIET TITLE v. : NO.: 2011-1434 c GARRY M. AND MERRILYN FAILOR and = '21'.-o - PAUL E. AND DARLA J. FREY,JR., (Pr- 1 c. Defendants `:' RULE TO SHOW CAUSE ".; r.) N A AND NOW, this day of April, 2013, upon consideration of Plaintiff's Petition For Contempt, IT IS HEREBY ORDERED AND DIRECTED THAT: 1. A rule is issued upon Respondent to show cause why Petitioner's Petition should not be granted. f 6 / 2. Respondent shall file an Answer on or before _ , 2013. 3. If no Answer to the Rule to Show Cause is filed by the required date, the relief requested by Respondent shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If Respondent files an Answer to this Rule to Show Cause, and the Answer raises disputed issues of material fact, an evidentiary hearing will then be scheduled` 3d /0.. ----the-ProtlTons , r r 1 .,, .=�__., .:sr". MI -.177e11-1. o If t. loll . J. Distribution: Andrew H. Shaw, Esquire (Attorney for Plaintiff) Douglas G. Miller, Esquire (Attorney for Defendants) EXHIBIT 1 13 B18(Official Form 18)(12/07) United States Bankruptcy Court Middle District of Pennsylvania Case No.1:13—bk—(4103—MDF Chapter 7 In re Debtor(s)(name(s)used by the debtor(s)in the last 8 years,including married,maiden,trade,and address): Paul E Frye Jr Darla J Frye 850 Windy Hill Road 850 Windy Hill Road Lot 4 Lot 4 Shermans Dale,PA 17090 Shermans Dale,PA 17090 Social Security/Individual Taxpayer ID No.: xxx—xx-0410 xxx—xx-3838 Employer Tax ID/Other nos.: DISCHARGE OF DEBTOR It appearing that the debtor is entitled to a discharge, IT IS ORDERED: The debtor is granted a discharge under section 727 of title 11,United States Code,(the Bankruptcy Code). BY THE COURT Dated: 11/13/1'{ ' 'r -~ Mary D.France United States Bankruptcy Judge SEE THE BACK OF THIS ORDER FOR IMPORTANT INFORMATION. EXHIBIT 6 124778 41809024802011 CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Motion for Hearing, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Douglas G. Miller, Esquire Irwin& McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendants Date: — :2 0 /L,AIA Andrew H. Shaw, Esquire Sup. Ct. I.D. No. 87371 Law Office of Andrew H. Shaw, P.C. Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA IRON TRIANGLE,LLC, Plaintiff QUIET TITLE V. NO.: 2011-1434 GARRY M. AND MERRILYN FAILOR and . PAUL E. AND DARLA J. FREY,JR., Defendants ORDER AND NOW, this /Aay of January, 2014, upon consideration of Plaintiff's Motion for Hearing, a hearing is hereby scheduled for , 2014, at P.m., in Courtroom# J of the Cumberland County Courthouse. AZ J. Distribution: drew H. Shaw, Esquire (Attorney for Plaintiff) G. Miller, Esquire (Attorney for Defendants) 124�-p I LCL IRON TRIANGLE, LLC, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. GARRY M. AND MERRILYN FAILOR and PAUL E. AND DARLA J. FREY, JR., : QUIET TITLE Defendants : NO. 2011-1434 CIVIL TERM ORDER OF COURT AND NOW, this 28th day of February, 2014, by agreement of the parties, the life estate held by Paul E. and Darla J. Frey, Jr., has been abandoned and shall hereinafter be null and void. In return for the abandonment of the life estate, both parties mutually release each other from any and all claims arising under our prior court order or the life estate itself. By the Court, rew H. Shaw, Esquire For the Plaintiff Edward E. Guido, J. glas G. Miller, Esquire For the Defendants :lfh C.4),i4er Lct 1 3/14M `-J-r1 c:2 fl- ■11•• 7:: 7,1•D Frl r-- 7101:7; IRON TRIANGLE, LLC, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY M. AND MERRILYN FAILOR and PAUL E. AND DARLA J. FREY, JR., : QUIET TITLE Defendants : NO. 2011-1434 CIVIL TERM IN RE: PETITION FOR CONTEMPT ORDER OF COURT AND NOW, this 28th day of February, 2014, after hearing we find the Defendants, Mr. and Mrs. Failor, to be in contempt of our prior order, and they are so adjudicated. They are directed to pay the sum of $63.93 for their share of the taxes due on the premises to Iron Triangle, LLC within 30 days of today's date. In all other respects, the Petition for Contempt is dismissed. By the Court, Edward E. Guido, J. drew H. Shaw, Esquire For the Plaintiff ...,<Ouglas G. Miller, Esquire For the Defendants :lfh LAW OFFICE OF ANDREW H SHAW P C Andrew H. Shaw, Esquire ID. No. 87371 200 S. Spring Garden Street, Suite 11 Carlisle, PA 17013 (717) 243-7135 THE 2 (1 1 Li APli -3 All 10: 02 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IRON TRIANGLE, LLC, Plaintiff QUIET TITLE v. NO.: 2011-1434 GARRY M. AND MERRILYN FAILOR and • PAUL E. AND DARLA J. FREY, JR., Defendants PRAECIPE TO SETTLE To the Prothonotary: Kindly mark the Order of Court, dated February 28, 2014, regarding Defendants Garry M. and Merrilyn Failor, in the above-captioned matter, settled, discontinued and ended. Respectfully Submitted, Date: II- / /7( By: Andrew H. Shaw, Esquire 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 (717) 243-7135 (717) 243-7872 facsimile Attorney for Plaintiff • CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Praecipe To Settle, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Date: Douglas G. Miller, Esquire Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013 Attorney for Defendants drew H. Shaw, squire e Sup. Ct. I.D. No. 87371 Law Office of Andrew H. Shaw, P.C. Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiff