HomeMy WebLinkAbout11-6308SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
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FILED-OFFICE
r3i= THE PRCTI ONOTi?RY
201 1 SEP - I An 9: 4 1
Richard W Stewart
Solicitor
CUMBERLAND COUNTY
PENNSYLVANIA
David H. Puffer Case Number
vs.
Drew P. Gannon (et al.) 2011-6308
SHERIFF'S RETURN OF SERVICE
08/26/2011 05:31 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on August
26, 2011 at 1731 hours, he served a true copy of the within Complaint in Ejectment, upon the within
named defendant, to wit: Drew P. Gannon, by making known unto himself person ,44y, at 109 Drexel Hills
Park Road, New Cumberland, Cumberland County, Pennsylvania 1707s cont t and at the same time
handing to him personally the said true and correct copy of the same. ?I /I
08/26/2011 05:31 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on August
26, 2011 at 1731 hours, he served a true copy of the within Complaint in Ejectment.-UP on the within
named defendant, to wit: Erin L. Gannon, by making known unto herself persona , t 109 Drexel Hills
Park Road, New Cumberland, Cumberland County, Pennsylvania 17070 iW cont nts nd at the same time
M
handing to her personally the said true and correct copy of the same. ///J
HARRISON, DEPUTY
SHERIFF COST: $61.44
August 29, 2011
SO ANSWERS,
RON R ANDERSON, SHERIFF
%ci ??eur,ySuit?; ??.enrr. ielaos;'t. ,rc.
r
9/14/20111:11:29 PM=db=gannon prelim obj=F# 1 I CEP l U I '
tl t EN YLVANIA T1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA
DAVID H. PEIFFER,
PLAINTIFF NO. 2011-6308
V.
ACTION IN EJECTMENT
DREW P. GANNON AND ERIN L. GANNON,
HUSBAND AND WIFE,
DEFENDANTS
PRELIMINARY OBJECTIONS OF DEFENDANTS TO PLAINTIFF'S COMPLAINT
ON THIS 14th day of September, 2011, come Drew P. Gannon and Erin L. Gannon, by and through
their attorneys, Hoffineyer & Semmelman, LLP and Robert L. Buzzendore, Esquire and file the following
Preliminary Objections of Defendants to Plaintiff's Complaint, and in support thereof aver as follows:
1.
On August 11, 2011, David H. Peiffer, Plaintiff, filed an action in ejectment against Drew P. Gannon
and Erin L. Gannon ("Defendants").
2.
On or about August 26, 2011, Plaintiff served the Complaint on Defendants.
3.
Pennsylvania Rule of Civil Procedure 1028(a) states that preliminary objections may be filed by any
party to any pleading.
9/14/20111:11:29 PM=db=gannon prelim obj=F#1
Preliminary Objections Under Pa.R.C.P. 1028(a)(2 and 4).
4.
Pa. R.C.P. 1028(a) states in relevant part as follows:
(a) Preliminary objections may be filed by any party to any pleading and are limited
to the following grounds:
(2) failure of a pleading to conform to law or rule of court or
inclusion of scandalous or impertinent matter;
(4) legal insufficiency of a pleading (demurrer).
5.
Defendants object to the Complaint under Pa.R.C.P. 1028(a)(2 and 4) for the following reasons:
a. Plaintiff's Complaint fails to conform to a rule of court, specifically Pa.R.C.P.
1054(b) which states that "A party shall set forth in the complaint or answer an
abstract of the title upon which the party relies at least from the common source of the
adverse titles of the parties."
b. Plaintiff's Complaint fails to set forth an abstract of title upon which he is relying
at least from the common source of the adverse titles of the parties. Instead,
Plaintiff's Complaint only contains the current deeds for the parties' respective
properties.
c. Plaintiff s Complaint fails to state a cause of action due to the lack of a title of
abstract because a defendant is not required to prove any matter if the abstract of title
reveals a defect in title. In Busin v. Whiting, 535 A.2d 1078 (Pa. Super. 1987),
reversed on other grounds, 570 A.2d 508 (Pa. 1989), the Superior Court
acknowledged the requirement that a complaint set forth an abstract of title. It stated
as follows:
"An abstract of title is simply a compilation in an abridged form of the record
of the vendor's title; it is a summary of the most important parts of the deeds
and other instruments comprising the evidences of title, arranged in
chronological order, and intended to show the original source and incidents of
title." Therefore, if the plaintiffs abstract reveals a defect in his chain of title,
he will not have established a prima facie title, without which his claim must
fail; the defendant need prove nothing." Citations omitted.
2
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d. The failure to include an abstract renders the complaint ineffective and warrants a
demurrer. In Visconti v. Garcia, 3 Pa. D. & C.3d 367 (C.P. Pike County 1977), the
trial court held "This Rule [1054(b)] is mandatory and the failure of plaintiffs to set
forth such abstract or allege the common source of title is a clear violation of the Rule
and the absence of such abstract renders the complaint ineffective: Stewart v. Young,
5 Lyc. 101 (1965); Reinhold v. Fake, 11 Lebanon L. J. 177 (1966); Petchulis v. Cass
Contracting Co., 63 Schuyl. 8 (1967); Mullen v. Cooley, 36 Fayette 74 (1974)."
WHEREFORE, Defendants request the Court to dismiss the Complaint with prejudice.
Respectfully submitted,
HOFFMEYER & SEMMELMAN, LLP
BY:
Robert L. Buzzendore, Esqui
Attorney for Plaintiff, Susa tty
30 North George Street
York, Pennsylvania 17401
Telephone #: (717) 846-8846
Supreme Court #: 55977
9/14/20111:11:29 PM=db=gannon prelim obj=F#I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
DAVID H. PEIFFER,
PLAINTIFF
NO. 2011-6308
V.
DREW P. GANNON AND ERIN L. GANNON,
HUSBAND AND WIFE,
ACTION IN EJECTMENT
DEFENDANTS
CERTIFICATE OF SERVICE
I hereby certify that I have on this date served the Preliminary Objections of Defendants to Plaintiff's
Complaint on the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440.
Service by United States first class mail, postage pre-paid as follows:
Marcus A. McKnight, Esquire
Irwin & McKnight, P.C.
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
DATE: /
BY:
Robert L. Buzzendore, Esqui
Attorney for Defendants
30 North George Street
York, Pennsylvania 17401
Telephone #: (717) 846-8846
Supreme Court #: 55977
1 4m t..']' E...
DAVID H. PEIFF&J OCT 31 PH 2: IN THE COURT OF COMMON PLEAS OF
an adult individual CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
NO. 2011- 6308 CIVIL TERM
V.
DREW P. GANNON, and
ERIN L. GANNON,
husband and wife, ACTION IN EJECTMENT
Defendants
To Defendants: Drew P. Gannon
Erin L. Gannon
109 Drexel Hills Park Road,
New Cumberland, PA 17070
William F. Hoffmeyer, Esquire
Robert L. Buzzendore, Esquire
Hoffineyer & Semmelman, LLP
30 North George Street
York, PA 17401
Date of Notice: October 31, 2011
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO FILE IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS
FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST
YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER
IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT
ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET
LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
(800) 990-9108
Americans with Disabilities Act of 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the court.
You must attend the scheduled conference or hearing.
IRWIN & McKNIGHT, P.C.
By: ,,- &AgRt?
Marcus A. McKnight, Esq re
Supreme Court ID No. 25476
Douglas G. Miller, Esquire
Supreme Court ID No. 83776
Matthew A. McKnight, Esquire
Supreme Court ID No. 93010
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, PA 17013
717-249-2353
Attorneys for Plaintiff
CERTIFICATE OF SERVICE
I, Matthew A. McKnight, 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::
WILLIAM F. HOFFMEYER, ESQUIRE
ROBERT L. BUZZENDORE, ESQUIRE
HOFFMEYER & SEMMELMAN, LLP
30 NORTH GEORGE STREET
YORK, PA 17401
Date: October 31, 2011 IRWIN & McKNIGHT, P.C.
Ma hew A. Mc ight, Esquire
Supreme Court .D. No. 93010
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
7 .?
11/9/11=1:19 PM js=gannon answendoc=F#1
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY
PENNSYLVANIA
DAVID H. PEIFFER, NO. 2011-6308
PLAINTIFF
V.
CIVIL ACTION - LAW
DREW P. GANNON AND
ERIN L. GANNON, ACTION AND EJECTMENT
DEFENDANT
NOTICE TO PLEAD TO NEW MATTER
TO: DAVID H. PEIFFER
You are hereby notified to file a written response to the enclosed Answer with New Matter
and Counterclaim within twenty (20) days from the service hereof or a default judgment may be
entered against you.
Robert L. Buzzendore, Esquire
Attorney for Defendant
30 North George Street
York, Pennsylvania 17401
Telephone #: (717) 846-8846
Supreme Court #: 55977
¦
z •
11/9/11=1:17 PM js=gannon answendoc=F#1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DAVID H. PEIFFER, NO. 2011-6308
PLAINTIFF
V.
CIVIL ACTION - LAW
DREW P. GANNON AND
ERIN L. GANNON, ACTION AND EJECTMENT
DEFENDANT
ANSWER TO COMPLAINT WITH NEW MATTER AND COUNTERCLAIM
ON THIS day of November 2011, come the Defendants, Drew P. Gannon and Erin
L. Gannon, by and through their attorneys, Hoffmeyer & Semmelman, LLP, and Robert L.
Buzzendore, Esquire, and in support of their Answer with New Matter and Counterclaim, aver as
follows:
1.
Admitted upon information and belief.
2.
Admitted.
3.
Admitted upon information and belief.
V r
11/9/11=1:17 PM js=gannon answendoc=F#1
4.
Admitted in part. Denied in part. It is admitted plaintiff is the owner of real property
located in New Cumberland Borough and Lower Allen Township, Cumberland County,
Pennsylvania. It is further admitted Plaintiff had acquired title to these properties by two separate
deeds dated July 13, 2010, and as identified by Exhibits A and B of the Amended Complaint.
It is specifically denied that Plaintiff is the owner of the entire properties described in the
deeds identified as Exhibit's A and B. To the contrary, Defendants have exercised possession and
control of a portion of Plaintiff's real properties and Defendants have acquired title to those portions
by adverse possession.
5.
Admitted.
6.
Denied. After reasonable investigation, Defendants are without sufficient knowledge or
information to form a belief as to the truth to the averment.
7.
Denied. Paragraph seven is a legal conclusion to which no responsive pleading is required.
To the extent any facts are averred regarding "unenclosed woodlands", they are specifically denied.
It is further denied that Plaintiff owns all the land identified on Exhibits E and F for the reason
stated in Defendants' answer to paragraph four which is incorporated herein.
COUNT I - EJECTMENT
8.
Denied. It is specifically denied that Defendants are encroaching on tract one and tract two.
Defendants incorporate their answer to paragraph four herein.
2
1
11/9/11=1:17 PM js=gannon answendoc=F#1
9.
Admitted. By way of further explanation, Defendants have acquired title for the reasons
identified in paragraph four of their answer which is incorporated herein.
10.
Admitted.
it.
Admitted. By way of further explanation, Defendants have acquired title for the reasons
identified in paragraph four of their answer which is incorporated herein.
12.
Admitted in part. Denied in part. It is admitted that Plaintiff requested Defendants to
remove items from certain portions of the real estate. It is denied that Plaintiff is the owner of those
portions for the reasons stated in paragraph four of Defendants' answer which is incorporated
herein.
13.
Denied. Defendants are without sufficient knowledge or information to form a belief as to
the truth of the averment of whether Plaintiff was endeavoring to protect any wetland habitat. It is
further denied that Defendants have disturbed or destroyed any portions of the land to which they
acquired title by adverse possession. It is also denied that the area of land acquired by Defendants
through adverse possession had been wetland habitat.
WHEREFORE, Defendants respectfully request this Court to enter judgment in their favor
and against Plaintiff.
3
Ay
11/9/11=1:17 PM js=gannon answendoc=F#1
COUNT II -TRESPASS
14.
Paragraphs 1 through 13 of Defendants' answers are incorporated herein by reference as
through set forth at length.
15.
Denied. Defendants are without sufficient knowledge or information to form a belief as to
the truth of the averment of whether Plaintiff was endeavoring to protect any wetland habitat. It is
further denied that Defendants have disturbed or destroyed any portions of the land to which they
acquired title by adverse possession. It is also denied that the area of land acquired by Defendants
through adverse possession had been wetland habitat.
Defendants also incorporate their answer to paragraph seven herein.
16.
Admitted in part. Denied in part. It is admitted that Defendants have acquired title to certain
portions of the property by adverse possession for the reasons identified in paragraph four of their
answer which is incorporated herein. It is denied that the area constituted unclosed woodland
property and it is furthermore denied that it constituted such a property because the determination of
whether the property was unclosed woodland is a conclusion of law.
WHEREFORE, Defendants respectfully requests this Court to enter judgment in their
favor and against Plaintiff.
NEW MATTER
17.
Plaintiff's claim for ejectment is barred by the statute of limitations.
18.
Plaintiff s claim for trespass fails to state of cause of action.
4
9 w
11/9/11=1:17 PM js=gannon answer.doc=F#1
19.
Plaintiff's claim for trespass is barred by the statute of limitations.
20.
Defendants are the owners of a portion of Plaintiff's property as the result of adverse
possession.
21.
Plaintiffs claims are barred by laches.
COUNTERCLAIM
1.
Counterclaim Plaintiffs, Drew P. Gannon and Erin L. Gannon, are adult individuals residing
at 109 Drexel Hills Park Road, New Cumberland, Pennsylvania 17070.
2.
Upon information and belief, counterclaim Defendant, David H. Peiffer, is an adult
individual residing at 4 Habosem Street, Rehovot 76350 Israel.
3.
The Gannons are the owners of 109 Drexel Hills Park Road, New Cumberland,
Pennsylvania 17070. A true and correct copy of the Gannon' deed is marked Exhibit A, attached
hereto and incorporated herein.
4
Peiffer is owner of two tracts of land, minus the area the Gannons acquired by adverse
possession, located in New Cumberland Borough and Lower Allen Township, Cumberland County,
Pennsylvania. A copy of the July 13, 2010, deed is marked Exhibit B, attached hereto and
incorporated herein. A copy of the July 13, 2010 deed for the second tract is marked Exhibit C,
attached hereto and incorporated herein.
5
A,
11/9/11=1:17 PM js=gannon answendoc=F#1
5.
The Gannons retained the services of Alpha Consulting Engineers, Inc. and on July 5, 2011,
Alpha prepared a Boundary and Existing Features Exhibit. A copy of the Boundary and Existing
Features Exhibit is marked Exhibit D, attached hereto and incorporated herein.
6.
The Gannon have acquired title to a portion of Peiffer's property through adverse
possession as depicted on Alpha's Boundary and Existing Features Exhibit in the area identified as
the "mow line" including the area depicted by the shed. The mow line extends from the eastern
portion of the Gannon' property and traverses an area as depicted on the Boundary until it reaches
the western boundary near the "screen porch." This property is identified as the "adverse area."
7.
The Gannon acquired title to the adverse area as a result of the following:
a. The Gannon' predecessors in title, including Jordan Cunningham, Esquire,
expanded the property onto the Peiffer property in excess of twenty-one years prior
to the time that Peiffer filed his August 8, 2011, complaint and ejectment against the
Gannons.
b. Jordan Cunningham and any successor in title, including the Gannons, have
maintained that portion of the Adverse Area continuously, visibly, notoriously,
hostilely, and exclusively for a period in excess of twenty-one years beginning in or
about 1984.
C. The Gannon' and their predecessors in title have maintained the area to the Mow
Line for a period in excess of twenty-one years.
d. The Gannon' and their predecessors in title had not obtained permission from
Peiffer to maintain the Adverse Area.
e. The Gannons' and their predecessors in title have continued to possess the Adverse
Area since 1984.
6
11/9/11=1:17 PM js=gannon answendoc=F#1
8.
Peiffer had not filed and complaint against the Gannons' until after the expiration of the
twenty-one year for adverse possession.
WHEREFORE, Drew P. Gannon and Erin L. Gannon respectfully request this Court to
quite title to the Adverse Area as a result of their acquisition of title by adverse possession.
Respectfully submitted,
HOFFMEYER & SEMMELMAN, LLP
BY: ?-' -?
Robert L. Buzzendore, Esquir
Attorney for Defendant
30 North George Street
York, Pennsylvania 17401
Telephone #: (717) 846-8846
Supreme Court #: 55977
7
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Tax Parcel No. 26-24-0809•-236
,
TBZS, 001M. made this / day• of 2004.
Setweei Ma ' Sq m MW
'Nam. V.
Da
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b4tei -Oter 'referred to as Grantor) ,
. AND
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D?lM p • Ail 1r, MW -1 mi,
(here . ina€ter ref red to 9Grantee),
'that f:-the•said Grantor(s),in consideration of
t+o s.O .,Of
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"CUMM 1ry1?1D. 00lI00
(?y3,?0O0.0{,)wwrw----rww-r?=Ti?I
lawful.money of .the Unit`PLd `States of America unto them well
.and, truly Jpaid.by- the, Grantee(s), at or bakore the sealing .
and dellVery- 'thcsgof ; the receipt whereof'
is hereby'
acknowledged. ' has.'graOted, bargained .and sol' released and
confirmmcl; end by"
ese presents does .grant, bargain and
Bell, release :end- confirm unto -the said Grantee'(s) ,. their .
heirs, and aesigns;
piece 'or: parcel o€ land situate in.the
9oroucfh of New .tumhitland•, Cumberland County, Commonwealth
of Pentisylirinia; -Iouilded and described. as €Qllows.:
at : a point oh, the easterly line of land -now or
late of Williaiq t?m • Murray at the corm of other. lands '
now or : late. of:'Harry and Amy Williams, said point being
lo6at4"3. 70.57 feet . (erroneously referred to• - in prior deed
as •409:9.),-meaeured;-southwardly along'. said- Murray. line €rom
the. southwest .coiner *of Lot No. 34'. Block G; as shown .oM
the) an- df.• Secti&: 3" Drexel Hills; thence from said
beginning-point' and along line of land -now or. formerly. of
Ra)Cry: arid. ?Y .Williams, North- eighty-five - degrees fifteen.
. minutes.. 'East' (W. 8, °•Y5' E) `; 14-6i feet to a stake'; thence by
land` how - Or late, or . forineily . of . Drexel Hills. Land: Co . ,
South £z f teen .degrees 'n ixieteen minutes East (9* .15 ° 19, R) ,
196.34 feet,to a•.stake;, thence by the same South. eighty-
five degrees I11teen minutes - West (S 8x° 15'W)-.; 89 -feet to
.a stake- :at line ..of lands •now or late of William Lynch
Murray; .-.tfieuce-%;b'
y.' the latter North thirty degrees' fifty-
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eight minutes West jN. •380 58, W), 147.54 feet
thence.. by the to a point;
sate' North twenty-nine
minutes West (N:.29,.24,W). degrees twenty=four
,
place of BEGINNING.. 66.75 feet to a stake at
the
The:foregoing.description is in accordance with s'.
D: P. Ra£fenspe urvey by
rger, lkegis.tered Surveyor, dated May i9, 1961
and is further identified as the %L.S. -Neef' lot on plan
of..Section 6;.'Drexel kills, Plan Book 14, Page 19, prepared
by D. P.: Raf €ensperger, Registered Surveyor.
HAVING TrON erected.ag
two-story stone dwelling. bein
oven's 149 Drexel Hill'
Park Road, New Cumberland,
Pennsylvania,-17010,.:
."M 'ate : pjM=M" WHICH John F ' Malady and- Kr 's'
H.
MaladYr bY.deed dated January 19, 2004 and recorded 4nuary.
26,. 2004, in. tha .O€ffce-'of the Recorder of, or
Deeds in and f
Cumberlaid County; Pennsylvania,. in Deed Book 261, page
1990, gra Ateed *•arjad- conveyed' unto Thaddeus Gregg and Maria: S.'
Gregg,: Grantor.` `herein,
With a11 and singular the buildings, improvements,.
ways ,.atrq'etsx allers, driyeways, passages' waters-, water-.
.f • courses, .eights, ' Xibeities, privileges.; hereditaunentp and:
appurtenances,- whatsoever unto the hereby granted"premises
belonging. ,'.Or .in ,any' wise appertainjng, and the. reversions
and remainders,: rents,.issues, and
the estate; '.ii ght; title, interest, thereof; and all
g property, claim and.
.demand whatsoever o€ -Grantor (s) , as' Well at law *as in
equity,, :of, in and to, the same.
'? "? HOLD the lot or piece o
above with-the messua'e',or tenement f ground described
here iit?tments and ' r t erepn erected
em#:ses hereby granted, or mentioned and
.. intended so to .134".7 'with* the appurtenances, unto Grantee (s) ,
their --heirs - Aar cj assigns, to and for the only proper use and
behoof of Grante;4.* , their heirs and assigns forever.
?r "AIND. the said Grantor (s) , for themselves,
executors and a d6inis'trators, do covenant, their.heirs,
agreeto and. th
wi the Grantee tPromise and
, is), their heirs and
assigns,. by these presents, that th
Grantor(•s).and. their heirs, all the said
hereditaments and end s si ngular the
premises. herebygranted or mentioned.and
ntehded so to be; with the" appurtenances, .'unto -the said
R: Grantee:,. their. heirs and assigns, against them, the said
a. .?. .G ?_'y. :{n?? r.l'j:.'<.?::•{.,"i:sij.:M.r?<?%• '`•.:t??!.d:.'M`i.`.l,:Y?CJYi'.`,.??::h3'jl
Grantor (s) and their heirs, and against all and every
person and persons whomsoever lawfully claiming or to clairk
the same •or' ,any part thereof, by, from or :under him, her,
-them . or any of then, shall and will, Subject - as - aforesaid
wARRAMV. and forever. DEFEND. "
8 ', the undersigned Grantor(s) have executed
thzs_ 1)jed th6A" y and y6Ar first above written.
.,
COI?Il?IQNWEP?L OF St?iiTI+V IA .
.
CQLYNTY. O SS.
0A- this the
day :of 2004, before -me,
the-. uxidersign.ed : officer; personally
named: Thaddeus- - Gr. appeared the dove
e.99. and, Maria S. Gregg, known to me (or
satisfactorily. prMen)• to be. ti he peridag. whose names are
t?scribe& to the- foregoing Indenture, .and " adknowledged
.that :they executed the . same for the purpose . therein
cotitained; . and desired':the -same might be recorded'as such,.
according to law..;_..'
In Wi•tneSs' whereof , I have here
®fica] seal: set my hand and.
• 1?l01?4RIAL'S?AL.
uaat L Me PLe
HMI Coro Cu Notary-public
.
(*Mkd i *WW A 20H
-I certify. -the precise .address of . grantee (0. is
A47
'did V4. 1s
akd
/7,070 ( CLH11u;.':r1arid County PA
Recorder ofDeeds
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P0 -.00F
C
0001VI!
UXORDAT1oN BEQumm BY:
GM 7 E. Fkmb, Esquire
Kedbr Wood Allen & Mahal, LLP
P. O. Bear 11963
Harrisburg, PA 17108.1963
WB®N BBC.OBDBD N IL TO:
DmM $. PelRer
P.O. Box 422
New Gnnberlad, PA 17070
Tax Pared Ne.: 24-24409-236A
SFM TAX NOTICES'ro:
P.O. Box 422
New Cumberland, PA 17070
IshaL THIS DEED,
made the day of July, in the year Two Thousand and Ten (2010)
BetwOm CATH81lM F. LBO, DAVID R. KLUNK, and GAMY B. FRIMCH, Co-Tnuum
under Trust Agt+eernent.of Alfred M. Leo dated Octobw 16,1981 %mdmft "tirarrtas"),
AND
DAVID H. PBIFPM an adult individual (hereinafter "Grantee").
Wes, that in consideration of Thirty-five Thousand (535.000.00) Dollars, in had paid, the
receipt whereof is hereby acknowledged, the said Grantors do hereby gnat and convey to tore said
Grantee, his heirs and assigns,
ALL THAT CERTAIN tract of land situate in the Borough of New Ciunborland, County of
Cumberland, and Comamweaft of Pennsylvania, bounded and described as follaws:
BBGEgNING at a point on the easterly line of land of William Lynch Murray at the Southwest
corner of Lot No. 36, Block "G" on plan of lots of Drexel Hills as recorded in Crmrberlaod County
Plan Book 15, page 19; thence along die soot line of said Lot No. 36 and crossing Drexel Mh
Park Road North 84 degrees 4 minutes Bast 248.3 Ieet, mom or less, to a point on the eastern able of
Drexel Hills Park Road in line of Lot No. 16, Block "Q" on said plan of lots; thence nmdms rdiy
along the eastern side of Drexel Hills Park Road a distance of 90 feet, more or less, to the Southwest
EXHIBIT
S
corner of Lot No. 1, Block "Q" on plan of lots of Drexel Hills as recorded in Cumberland County
Plan Book 11, page 11; thence along the southern line of Lots' Nos. 1, 2 and 3 on the last
above-mentioned plan North 84 degrees -34 minutes East 291.1 feat to a point in line of Lot No. 5,
Block "Q"; thatee along the western line of sad Lot No. 5, South 15 degrees 47 minutes West
73.85 fat to a coiner of Lot No. 6; thence along the western lines of Lots Nos. 6, 7, 8 and 9, South
13 degrees 54 minutes West 369.54 feet to a comer common to Lod Nos. 9 snd 16; thence along the
rear lines of Lots Nos. 9, 10, 11, 12, 13, 14 and beyond, South 21 degrees 12 East
1,025.71 feet to' a point in line of land now or late of Elmer B. Zimmerman; thence along said land
South 13 degrees 54 minutes West 75.09 feet to a point in line of land of William Lynch Murray;
thence along said laird North 30 degrees 58 mines West 1,072.21 feet to a corner of land ofLeon S.
Nook thence along said laird the three following courses and distances: (1) North 85 degrees
15 minutes East 89 feat; (2) North 15 degrees 19 mimes West 196.34 feet; and (3) South 85 degireas
15 minutes West 146 feet to a point in line of the afo d land of William Lynch Murray thence
along. said land North 29 degrees 24 minuto West 243.17 feet to the
BEGINNING. point place of
EXCEPTING TIMMUT AND THEREFROM the followingfour (4) tracts orparcels ofland:
EXCEPTION l:
ALL THAT CERTAIN tract of land situate in the Borough of Now C umberW4 Ctmrberland
County, PenwAvan* as conveyed by Drexel Hills Land Company to New Cumberland Borough
Authority, by Deed dated July 26,1963, recorded in Deed Book "Z," Volume 20, page 847, bounded
and described as follows:
BEGINNING at a point at the northwest comer of Lot No. 8, Blockk "Q", as shown on the plan of
Section 6, Drexel Hills (Plan Book 14, page 19, Cumberland County Recods?, thence South 13
degrees 54 minutes West along the West line of said Lot No. 8, Block "Q", 42,54 feet to a point;
thence South 84 degrees West along other lands of Drexel Hills Land Company 6539 feet to apoirrt;
thence by-do same North 22 degrees 40 minutes West 41.68 feet to a point; thence by the same
North 84 degrees East 91.85 feet to the place of BEGMING.
BEING a part of Lot No. 16, Block "Q" on said Plan of Dmxd Hills, Section No. 6, Plan Book 14,
Page 19.
EXCEPTION 2:
ALL THAT CERTAIN tract of land situate in the Borough of New Oberland, Gyunbnland
County, Pennsylvania, as shown on a Plan of Drexel Flills, Section 6, Plan Book 14, pap 19, and
more particularly descnW as follows:
BEGINNING at an iron pin at the intersection ofthe westerly right-of-wayliteofD=d Hills park
Road (50' wide), a private road, and the dividing line between Lot Nos. 36 and 37 as shown on the
aforementioned plan; said point also being a distance of 227.0 Beet from the southerly right-of-way
line of Drexel Hills Boulevard, a public street (60, wick); thence along the dividing line between Lot
No. 36 and 37, S 84" 04' W, a distance of 198.3 feed to an iron pin at lands now of formerly of
Messiah Colley thence alongsame S 290 24' E adistanc a of243.17 feet to snitumpin atlands now
or fly of Robeson; tlonco along soma, N 8511 15' E, a distance of 146.00 fed to it point on the
w Y figbi-d-way line ofDracd Hills Park Road; thence along some, N 180 04' W, adistance of
172.41 fit to an iron pin; thence continuing alms same, by a curve to the right having a radius of
3782 fit, an we length of 57.70 fed to an iaonpin attheboumdaryJim of LotNo. 36, the point and
place of BEGINNING.
BEING Lot No. 37 and an umnumbered lot as shown on Plan of Drexel Hills, Section No.
Plan Book 14, Page 19 and as recorded in Deed Book V-30 Page 734.
EXCEPTION 3:
ALL THAT CERTAIN tract of laud situate in the Borough of New Cumbeakad, Cumbaland
County, Pennsylvania, as more fully desciibad according to survey made April 2,1981, by D. P.
Raffetsparger Associates, Engineers & Surveyors, Camp Hill, Pennsylvania, as Jollws:
BEG 4MG at a point on the southwest corner of Lot No. 1, Block Q, as shown on the Plan of
Section 6, Drexel Hilb Mm Book 14, Page 19, Cumberland County Records):
Course No. l: Thence along the southern line ofLots No. 1, 2 and 3 on dw lad dwve-mooned
p1m Nora 84 degrm 34 mimrti Had 291.1 feat to a point in line of Lot No. 5 Block "Q";
Course No. 2: Thence along the westem line of said Lot No. 5, South 15 degrees 47 minutes
West 73.85 feet to a corner of Lot No. 6;
Course No. 3: Thence along the westem lines of Lots Nos. 6 and 7, South 13 deg = 54 minutes
Went 180.00 feet to a comer comn>an to Lots Nos. 7 and 8;
Course No. 4: Thence westwardly South 84 degrees 00 minutes West to a point in the northern
right-of-way line of Drexel Hills Park Road;
Course No. 5: Thence along said right-of-way line along a line awing to the west having a
linear arc distance of 34.22 foot, which cave has a radios of 50 feet, to a point in the eastern
rigbi-of--way line of said road;
Course No. 6: Thence along the eastern A*-of-way line of said road North l8 degrees
04 minates Wan 102.41 foot to a point in the eastern right-of-way line of said mad;
Comm No. 7: Them along said right-of--way lime along a line curving to the north having a
linear arc distance of 128.17 feet, which cave has a radius of 328.20 feet, to a point in the
eastern right-of-way line of said mad;
Course No. 8: Thence along the said right-of-way, North 04 degrees 22 minutes East 8.63 feet to
The place of BEGINNING.
BEING part of Lot No. 16 on Plan of Drexel Hills, Section No. 6, Plan Book 14 Page 19
and as recorded in Deed Book P-29 Page 466.
• a
EXCEPTION 4:
A portion ofDrexel Hills Park Road dedicated to the Borough ofNew Cumberland as apublic road
fifty (50) fet wide and with a cul-de-sac at the terminus, all as shown on the Plan of Dreg Hill,
Section No. 6, recorded in the records of the Recorder of Deeds in and for Cumberland County,
Pennsylvania, in Plan Book 14, Page 19.
TEIR TRACT CONVEYED HEREIN contains 3.81 acres of land, more or less.
BEING pet of the same promises: which Catherine F. Leo, Irwin S. Levinbook and Heath L Allen,
Co-Recut rs of the Estate of Alfred M. Leo, deceased, by Deed dated December 29, 1998, and
recorded on December 30, 1988, in the Office of the Recorder of Deeds in and for Cumberland
County, Pennsylvania, in Deed Book T, Volume 33, Page 71, granted and conveyed unto
Cad mine F. Leo, Irwin S. Levinbook and Heath L. Allan, Co-Trustees under Trost Agreement of
Alfred M. Leo dated October 16,1981. Irwin S. L evinbook is deceased and has been succeeded by
David 1L Khmk, and Heath I.. Allen is deceased and has been s=ecded by Gary K French as
Co-Trustees of the Alfred M. Leo Trust to serve with Catherine F. Lea, and all of whom are
Grantors herein.
And the said Grantors will warrant Specially the property hereby conveyed.
(THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK]
4
YII?
In Witless Whereof, the said Grantors, have hereunto set their hands and seals the day and
year first above written,
Sited, Sealed and Delivered
In the Presences of
CAT3iBRM A LBO, Co.Trustee
Commonwealth of Pennsylvania ;
County of Dauphin ss.
.
ON this, the 115 day of 2010, bef ore me, the vindersigmed officer,
Notary Public in and for said county and parsanally app CATM= F. LBO, as
Co-Trustee of the Alfred M. Leo Tr" under Aunt dated O 16, 1981, known to me
or satisfactorily proven to be the person whose is m6wribed b the within instrunnent, and
acknowledged that she executed the same, in the fiduciary capacity indicated, for the purposes
therein contained.
IN WITNESS WHEREOF, I have hereunto set my had and official seal.
5%p? arw??
Notary Public
M?anN¦ti ?tNN tI?
gMNS M ?,
f
?.. - a
' bJllll
COrr amenwealth of Pennsylvania
SS.
COuo xty of York
ON this, d* 1i?_ day of Tw V 2010, before n m the undersigoe8 .W.,
Now Y Public in aril f(ir said misty and ate. POISonaliy appeared DAVID R, KLUNK, as
Co.-T, ustee of the Alfred M. Leo TrW UMW Agreerrrera dated October 16, 1981, known to me
or soar 4actorily pmven 10 be the person whose name is subswibed to the wlddn , and
acknc wledged dry he executed the same, in the fiduc
therei n contained iary capacity indicated, for the purposes
.
IN WfMM WH MOF, I have he emw set my bend and official seal.
Notary ' fir: r?? r Publid-
n?
V
s?
Commonwealth of Pennsylvania
County of Dauphin
?12
ON this, the LEA- day of 2010, before me, the unederaigned officer,
Notary Public in and for said personally appeared CHARY IL FVMCH, as
Co-Trustee of the Alfred K Leo Trust under Agreement dated October 16,1981, known to me
or satisfactorily proven to be the person whose iarrne is subscribed to the within nstruinent, and
acknowledged that he executed the same, in the fiduciary capacity indicated, for the purposm
therein contained.
IN WITNESS WEMRWF, I have hence to set my hand 29 official sat.
cowro or a?.v ?
. HORANAL>RAL '
KAD Mll Q HOLLIW I-Y F role
d ? fl°K&I
I herby o?'lify the address of due graraee herein is 1 c1b u
1S• C - F :: to- I b
Attorney for Tmt_
F
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
IWbwWW Nttttsbw- 301619594
Lorded On 71MMIS At 4:15:31 PM
* ln$b muM Type - DEED
Lveloe Nmaber - ti'9?64 User ID - ES
* Graatw - LEO, CATMRW F
* Gran ae - PEQrFER
* Ctmttsaw - IEYSTONE LAND TRANSFER LTD
*PEEB
aim= TASK TAE $350.00
STATE NRIT 2= $0.50
STATE M/AOC1e8S TO $23.50
JOSTIcS
R5O05DING PEES - $20.50
or DS®S
PARCEL CEMPICI?TICK
Pl58 $10.00
AP'P+OaWIn?i 800SI?IG $11.50
10 01>1AT! ARCBIVSS PEE $2.00
ROD ARCnIM PES $3.00
11582 SitM SC®OOL $175.00
DX877ICT
11x1 CHID n0 $175.00
TOTAL ISM $771.00
* Total Parma - 9
Certif mtion Page
DO NOT DETACH
IM pap is now part
of Ws legal doesient.
I Certify this to be reeorded
in Cumberland County PA
L+ I'
RECORDER o
* - Iotormafts dm aW by n aete M may chimp daring
the va*imd m proau aid may not be rdl A ea thk page.
ism
- ' - .ems
RECORDATION RRQEJESTI&D By.
Gary > Kaft Wad Men k Rabat, LLP
P. O. Box 11%3
Harrisburg, PA 1710&1%3
WMN RECORDED MAIL. TO:
David H. Pdf br
P.O. Box 422
New Cvn*w bn4 PA 17070
Tax Pared Nea 13-10.02100-996
SEND TAR NOTICES TO:
David H. Pwlbr
P.O. Box 422
New Cumberland, PA 17070
10 THIS DEED,
Made the -*#k- day of July, in the year Two Thousand and Ten (2010)
r
Betw?eet CATHERINE F. LEO, DAVID R. KLUfM and GARY E. FRED, Co.
under Trust Agreement of Alfred M. Leo dated October 16,1981 Oiereiimfw "Grantors"),
AND
DAVID H. PEIPiMS. an adult individual (hereinafter "Grantee").
Wknemth, that in consideration of Two Hundred Twenty lbomand ($220,000.00) Dollars, in
hand paid, die receipt whereof is hereby acknowledged, the said Grantors do hereby grant and
convey to the said Grantee, his heirs and amigns,
ALL THAT CERTAIN piece or parcel of land situate in the Borough of New Cumberland and
partly in I-ewer Allen Township. Cumberland County, Permsylvania, bounded and described as set
forth on Exhibit "A" attached hereto and made a part hereof.
BRING the same pre rises which Catherine F. Leo, Irwin S. I"inbook and Heath L. Allen,
Co-Executors of the ,state of Alfred M. Leo. deceased, by Deed dated December 29,19M and
recorded on Decernber 30, 1988, in the Office of the Recorder of Deeds in and for Cumbwland
County, Pennsylvania, in Deed Book T, Volume 33, Page 71, grate and conveyed unto
Catherine F. Leo, Irwin S. Levinbook and Beath L. Allen, Co-Thistees under Trust Agmerttent of
EXHIBIT
C
Alfred M. Leo dated October 16, 1981. Irwin S. Levinbook is deceased and has been succeeded by
David IL Munk, and, Heath L. Allen is deceased and has been succeeded by Gary E. French as
Co-Truiaes of the Alfred M. Leo Trust, to serve with Catherine F. Leo, and all of whom are
Grantors hefein.
Attd the said Grant= will warrant Specially the property hereby conveyed.
Im Wibum Whereof, the said Grantors, have hereunto set their hands and seals the day and year
first above written.
Signed, Salad and Delivered
in the Prates of
Cj?All\b F. LEO, Co-Tri fee
DAVID X ICLUN&Co-Trumee
Co-Tnntce
2
Commonwealth of Pennsylvania ;
County of Dauphin SL
ON this, die 8 day of q l
y 2010, before me, the undersigned officer,
Notary Public in and for said and state,. pemonally appeared CATHERINE F. LEO, as
Co-Trustee of the Alfred IK. Leo Trust mxler Amt dated October 16,1981, known to me
or satisfactorily proven to be the person whose one is subscribed to the within instrument, and
acknowledged that she executed the same, in the fuciary capacity indicaed. for the purposes
therein contmhmd.
IN WffNm8 WKWOF, I have hereunto set my had and official seal.
G
JL
Notary Public
Lou
U tz
Commonweaa of Pennsylvania
SS.
County of York
ON this, the 1:t day of s u a-y 2010, befbre me, the undersigned office,
Notary Public in and for said county and 8111% p MY VpewW DAVID R. RLUPM as
Co-Tmstee of the AUred K Leo Trust under Agreement domed October 16,1981, lanown to me
or satisfactorily proven to be the person whose name is subscribed to the within in d nxne4 and
acknowledged that he executed the same, in the fiduciary capacity indicated, for the purposes
therein contained.
IN WrITI = WHEREOF, I have hereunto set my hand and official seal. --
_? I AA` ?. ?113L1
Notary PublJ` - -- - -
=76 TOIMP
Commonwealth of Pennsylvania :
ss.
County of DavpWm
.
ON this, the !A day Of 2010, before me, the mxk n o C,
Notary Public in and for said cou* , Personally appeared GARY Ii:. FRENM as
Co-T nom of the Alfred K Leo Trust under Agreentent dated October 16,1981, known to me
or 38iafadWHy Prroven to be the person whose now is subscried to the within instrument, and
acknowledged that therein contained.
he executed the same, in the fiduciary capacity indicated, fbr the IN WrrNRSS WHEREOF, I have hereunto set my hand and official seal. purposes
co?oNww.TM or earwrsnvawn
NOTAMUK
KAD N,?
0114 .- - C
NotaryPuffic
?y
y that address of the grantee herein is _La_ At1Rk ti RH
o_,,s, Va. `
M i 1
AXWff "A"
Parcel No. -13-10-0260-006
ALL THAT CERTAIN tract of Ind situate in the Township of Lowy Allen, County of
Cumberland, and Commonwealth of Pennsylvania, bounded and described as follows:
BEGINNING at a point on the south side of Simpson Ferry Road; thence S 29' 24' B, a distance
of 178.64 fed to a point; theme S 790 18' E, a distance of 393.07 feet to a point; thence S 85.31'
E, a distance of 105.88 feed to a point on the west side of Dreacd Hil is Boulavxdd- theme by same
S 04° 29' W, a distemce of 20.00 W to a point at land of Faith United Chw+ch oft thence
by wane N 85.31' W (erroneously shown as B on prior deed), a dietance of 87.55 feet to a point;
--
thence by same S 60' 36' W, a distance of 304.60 feat to a point; thence by sae ad plan of
Drexel Hills S 29124' E, a distance of 2043.64 feet to a point; thence by same N 84.04' E, a
dishnce of 198.30 feet to a point at the west side of Drexel Hills Rand; thence by same and a
curve to the left having a radius of 37820 feet, an arc length of 57.70 feet to a paint; thence by
same S 18° 04' E, a distance of 172.41 feet to a point at lot of now or formerly of Neefe; thence
by same S 85' 15' W, a distance of 146.00 feet to a point; d mce by same S 29124' E, a distance
of 66.75 fed t D a point; theme by same S 30' 58' E, a distance of 147.54 feat to a point; (thence
N 85.15' E, a distance of 89 feet; thence N 15' 19' W,) - the previous call in pared was
omitted from the prior deed - a distance of 166.31 feet to a point at Drexel Trills Park Road;
thence by some N 71.56' E, a distance of 51.44 feet to a point; thence by sane and a curve to
the left having a radius of 50 feet, an arc length of 122.881feet to a point at land of John D.
Robins; thence by same N 840 00 E, a distance of 55.54 feet to a point; theme by same S 22' 40'
E, a distance of 41.68 feet to a point; thence by sane N 84.00' E, a distance of 65.39 feet to a
point at Plan of Drexel Hills; thence by same S 13.54' W, a diftwe of 147.00 East to a paint;
thence by some S 21' 12' E, a distance of 1025.71 feet to a point at laid now or fainerly of Jahn
E. Fox; theme by sane S 13° 54' W, a distance of 75.09 feet to a point; thence by same S 30' 58'
E, a distaiac a of 763.50 f d to a point at Yellow Breeches Credo; tlernce by sane S 47109' S0"
W, a distance of 499.12 feet to a point at York Expressway 143; thence by sane N 251 09' 08"
W, a distgce of 4215.62 feet to a point; (thence N 15' 09' 08" W, a distance of 36L 12 few) -
the previous can in paresis was omitted from the prior deed - hence by same N 25.09' 08"
W, a distane of 337.19 feet to a point; thence by the same and a curve to the fight having a
radius of 137.00 feet, an arc length of 13.32 feet to the place of BBGDIMG.
Excepting and excluding from the conveyance a certain parcel of lad situate in the Borough of
New CumberLmd, Cumberland County, Pennsylvania, as shown an a Plan of Dneaxd Hills,
Section 6, recorded in Plan Book 14, Page 19, and being known as Lot No. 37 and an
unnumbered lot as shown on Plan of Drexel Hills. as recorded in Deed Book V-30 page 734.
Excepting and excluding Parcel No. 26-24-0809-283 and being Tract 2 as recorded in Book P-28
Page 61.
Excepting and excluding Parcel No. 26-24-0809-236A and being the residue of Tract 3 as
recorded in Book P-28 Page 61.
..ii e
TOGETHER with the use in common with others of a thirty foot (30') wide right-of way leading
to geld tract along or new Yellow Brew Creek and conveyed, to pasties named in the
ins m nt dated May 29,1959, by Allendale Development Corporation, and recorded in tbo
Office of the Recorder of Deeds of Cumberland County in Deed Book 'D'% No. 19, Page 410.
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240.6370
lestremeet NwKber - 201019593
Recerd0d ON 7MM10 At 4:15:28 PM
Lnstriletmt Type. DEED
hwWce Number - ~ User ID - JM
* Grantor - LEO, Aum M mTltM
* Grantee - Pte, DAVID H
* Cubmer - KEYSTONE LAND
* F>6E8
$2,200.00
$0.50
$23.50
$17.50
$10.00
$11.50
$2.00
$3.00
$1,100.00
$1,100.00
$4,468.00
DO NOT DETACH
I Certify this to be recorded
in Camberlan4 County PA
* Total Paget - 8
Certification Page
This page is now part
of this legal document
* -106motian dereW by = w6risk way craap drri g
the "dfieatiee Pums and may ant be repedW eo thb pge.
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SEAL SEAL
BOUNDARY AND ocsrwc FEA7UE9 exr?rr 1EA DREW AND ERIN GANNON LU
109 DREXEL HILLS PARK RD. 7 FA%() >O - 2400
BO2000N OF NEW
NM LVA W`AIW. 1-INC9.COM
BE9LAV0 LIXI . PENNS PENNSVIVANiA
ff1l1f1M
VERIFICATION
The foregoing Answer is based upon information which has been gathered by me and counsel. I have
read the Answer and to the extent that the document is based upon information which I have given to my
counsel, it is true and correct to the best of my knowledge, information and belief.
This statement and verification are made subject to the penalties of Pa.C.S. Section 4904 relating to
unworn falsification to authorities, which provides that if I knowingly make false averments, I may be
subject to criminal penalties.
Date: November 2011
A '0. / ',a ?"' - ,
Drew P. Gannon
E L. Gannon
op Ua
11/9/11=1:17 PM js=gannon answendoc=F#1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
DAVID H. PEIFFER,
PLAINTIFF
V.
DREW P. GANNON AND
ERIN L. GANNON,
DEFENDANT
NO. 2011-6308
CIVIL ACTION - LAW
ACTION AND EJECTMENT
CERTIFICATE OF SERVICE
I hereby certify that I have on this date served the Answer with New Matter and Counterclaim on
the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440.
Service by first class, postage pre-paid, United States mail as follows:
Matthew McKnight
Irwin, McKnight & Hughes
West Pomfret Professional Center
60 W. Pomfret St.
Carlisle, Pennsylvania 17013-322
DATE:
BY:
Robert L. uzzen ore, Esquir
Attorney for Defendant
30 North George Street
York, Pennsylvania 17401
Telephone #: (717) 846-8846
Supreme Court #: 55977
DAVID H. PEIFF'ER,
an adult individual
Plaintiff
V.
DREW P. GANNON, and
ERIN L. GANNON,
husband and wife,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVAN
CIVIL ACTION
NO. 2011- 6308 CIVIL TERM
ACTION IN EJECTMENT
ORDER
AND NOW, this day of ?bJ ?(it, t••-? 2012, upon
consideration of the foregoing Motion to Schedule Pre-Trial Conference, it is hereby ordered and
directed that the parties are to attend a Pre-Trial Conference to be held on ,
2012 at $ - 4 5 4.m. , tin -no - 1.
BY THE COURT:
cnr. N
k/ W , ll; c,,4 F 14o-g'vey,,-
e0P,es ma, led f a? ?r F ?
~Lti~l.~ ins` ~ 1,
~~t~ BUG f 3 P~ 3= t4
DAVID H. PEIFFER, ~' ~ ~ ~ S Y LVA N 11~IN THE COURT OF COMMON PLEAS OF
an adult individual :CUMBERLAND COUNTY, PENNSYLVAN
Plaintiff
CIVIL ACTION
NO. 2011- 6308 CIVIL TERM
v.
DREW P. GANNON, and
ERIN L. GANNON,
husband and wife,
Defendants
ACTION IN EJECTMENT
PRAECIPE TO SETTLE AND DISCONTINUE
To the Prothonotary:
Please discontinue Plaintiff's Complaint and mark the above-captioned case settled
prejudice.
Respectfully submitted,
IRWIN & McKNIGHT, P.C.
By: .~'.
Matthew McKnight, Esquire
Supreme Court I.D. No. 93010
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Date: August 13, 2012
DAVID H. PEIFFER,
an adult individual
Plaintiff
v.
DREW P. GANNON, and
ERIN L. GANNON,
husband and wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVAN.
CIVIL ACTION
NO. 2011- 6308 CIVIL TERM
ACTION IN EJECTMENT
CERTIFICATE OF SERVICE
I, Matthew A. McKnight, Esquire, hereby certify that a copy of attached Praecipe to
and Discontinue was served upon the following by depositing a true and correct copy of the
in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date
referenced below and addressed as follows:
WILLIAM F. HOFFMEYER, ESQUIRE
ROBERT L. BUZZENDORE, ESQUIRE
HOFFMEYER & SEMMELMAN, LLP
30 NORTH GEORGE STREET
YORK, PA 17401
IRWIN & McKNIGHT, P.C.
;!I
,,, ,1,,,,~--
By: Matthew i~,1~cKnight, Esquire
Supreme Co~rt I.D. No. 93010
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
Date: August 13, 2012
~_ ~ .
~ na `"
, ~• ° ~ ~-
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F-^w .w..
,~ ~ ['.
- ~i
~ ~, ~'.,
-,.•a,
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IN THE COURT OF
DAVID H. PEIFFER, NO. 2011-6308
PLAINTIFF
v.
CIVIL ACTION -LAW
DREW P. CANNON AND
ERIN L. CANNON, ACTION IN EJECTMENT
DEFENDANTS
PRAECIPE TO DISCONTINUE COUNTERCLAIM
To the Prothonotary:
Please discontinue Defendants' Counterclaim with prejudice based upon the mutual.
agreement of the parties.
HOFFMEYER & SEMMELMAN, LI_.P
Robert L. Buzzendore, Esqui~
Attorney for Defendants
30 North George Street
York, Pennsylvania 17401
Telephone #: (717) 846-8846
Supreme Court #: 55977
a .~
PLAINTIFF
DEFENDANT
CERTIFICATE OF SERVICE
ACTION IN EJECTMENT
I hereby certify that I have on this date served the Praecipe to Discontinue Counterclaim c~n
DAVID H. PEIFFER,
v.
DREW P. GANNON AND
ERIN L. GANNON,
the person and in the manner indicated below, which satisfies the requirements of Pa.R.C.P. 440.
Service by first class mail, postage prepaid:
Matthew McKnight
Irwin, McKnight & Hughes
West Pomfret Professional Center
60 W. Pomfret St.
Carlisle, Pennsylvania 17013-322
DATE: August 16, 2012
NO. 2011-6308
CIVIL ACTION -LAW
BY: ~J
Robert L. Buzzendore, Es r
Hoffineyer & Semmelm ,
Attorney for Defendants
30 North George Street
York, Pennsylvania 17401
Telephone #: (717) 846-8846
Supreme Court #: 55977
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