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HomeMy WebLinkAbout11-6701MATTHEW H. RICHWINE and LEAH M. RICHWINE Plaintiffs V. DAVID A. BELL and PATRICIA D. BELL, MICHAEL J. DONNELLY and CAROL L. DONNELLY, RANDALL L. HOCK and LORIANN S. HOCK AND JEANETTE E. JONES Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011- 67el CIVIL TERM CIVIL ACTION - LAW c ^ r -`' -a Z? C - t, j Qrn x Z_Q O? 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 an attorney and filing in writing with the court, your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNONT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENGIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 e 9,2 4/2 lrF ?? , ? 63 ?e 6", MATTHEW H. RICHWINE and LEAH M. RICHWINE Plaintiffs V. DAVID A. BELL and PATRICIA D. BELL, MICHAEL J. DONNELLY and CAROL L. DONNELLY, RANDALL L. HOCK and LORIANN S. HOCK AND JEANETTE E. JONES Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011- CIVIL TERM CIVIL ACTION - LAW COMPLAINT AND NOW, comes the Plaintiffs in the above-captioned matter, by and through their attorney, Tricia D. Naylor, and aver the following: 1. Plaintiffs, Matthew H. Richwine and Leah M. Richwine (hereinafter "Richwines"), are adult individuals, husband and wife, residing at 211 Mooredale Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendants, David A. Bell and Patricia D. Bell (hereinafter "Bells"), are adult individuals, residing at 211A Mooredale Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. Defendants, Michael J. Donnelly and Carol L. Donnelly (hereinafter "Donnellys"), are adult individuals, husband and wife, residing at 209A Mooredale Road, Carlisle, Cumberland County, Pennsylvania 17015. 4. Defendants, Randall L. Hock and Loriann S. Hock (hereinafter "Hocks"), are adult individuals, husband and wife, residing at 213 Mooredale Road, Carlisle, Cumberland County, Pennsylvania 17015. 5. Defendant, Jeanette E. Jones (hereinafter "Jones"), is an adult individual, residing at 204 Mooredale Road, Carlisle, Cumberland County, Pennsylvania 17015. 6. Title to 211 Mooredale Road, Carlisle, Cumberland County, Pennsylvania, became vested in the Richwines by virtue of their deed dated January 16, 2007 and recorded in the Office of the Recorder of Deeds of Cumberland County at Deed Book 278, Page 2040, Parcel Number 08-10-0626-050 (hereinafter "Lot #11"), which deed is attached hereto as "Exhibit A." 7. Title to 211A Mooredale Road, Carlisle, Cumberland County, Pennsylvania became vested in the Bells by virtue of their deed dated October 13, 2006 and recorded in the Office of the Recorder of Deeds of Cumberland County at Deed Book 276, Page 4767, Parcel Number 08-10-0626-051 (hereinafter "Lot #13"), which deed is attached hereto as "Exhibit B." 8. Title to 209A Mooredale Road, Carlisle Cumberland County, Pennsylvania became vested in the Donnellys by virtue of their deed dated April 30, 2008 and recorded in the Office of the Recorder of Deeds of Cumberland County at Instrument No. 200814461, Parcel Number 08-10-0626-049 (hereinafter "Lot #12"), which deed is attached hereto as "Exhibit C." 9. Title to 213 Mooredale Road, Carlisle, Cumberland County, Pennsylvania became vested in the Hocks by virtue of their deed dated November 4, 1982 and recorded in the Office of the Recorder of Deeds of Cumberland County at Deed Book "Y", Vol. 29, Page 562, Parcel Number 08-10-0626-052(hereinafter "Lot #14), which deed is attached hereto as "Exhibit D." 10. On June 25, 1981 Jones recorded a Subdivision Plan, titled No. 6 Subdivision Plan for Jeanette E. Jones, in the Office of the Recorder of Deeds of Cumberland County in Plan Book 40, Page 32 (hereinafter "No. 6 Plan"), a true and correct copy is attached hereto as "Exhibit E." 11. On June 22, 1982 Jones recorded a Final Subdivision Plan for Jeanette E. Jones in the Office of the Recorder of Deeds of Cumberland County in Plan Book 42, Page 8 (hereinafter "Final Plan", a true and correct copy is attached hereto as "Exhibit F." 12. No. 6 Plan and Final Plan show a fifty foot (50') right-of-way (hereinafter "Right-Of-Way") as a boundary line for Lot #11, Lot#12, Lot#13 and Lot#14. 13. The No. 6 Plan permits Lot #12 and Lot #13 to use the Right-Of-Way for ingress and egress. 14. The Final Plan dedicates the Right-of-Way for public use. 15. On October 8, 1981, Jones and her husband, R. Wayne Jones, conveyed Lot #11 to W. Steven Bear and Patricia S. Bear (hereinafter "Bears") 16. The Bears built a residence on Lot #11 and installed a gravel driveway which connects to the Right-Of-Way at both ends of the driveway. 17. The Richwines and their predecessors in title have continuously used the Right-Of-Way as an ingress and egress to Lot#11. 18. The Richwines and their predecessors in title have maintained their side of the Right-Of-Way for over 21 years as an extension of their yard and driveway. 19. Jones executed a deed dated June 8, 2011 attempting to convey title to the Right-Of-Way to the Bells, a true and correct copy of the deed is attached hereto as Exhibit "G." 20. The Right-Of-Way is described as follows: ALL THAT CERTAIN tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the eastern right of way line of Township Road T-466, also known as Mooredale Road, at the dividing line of Lot No. 11 and the northern line of 50 foot wide private right of way as shown on the hereinafter mentioned subdivision Plan; THENCE along Lot No. 11 and crossing said 50 foot wide private right of way, South 84 degrees 56 minutes 46 seconds East, a distance of 318.28 feet to a point on the dividing line of Lot No. 13; THENCE along Lot No. 13, South 06 degrees 27 minutes 51 seconds West, a distance of 50 feet to a point on the dividing line of Lot No. 13, 267.50 feet and the southern line of said 50 foot wide private right of way; THENCE crossing said 50 foot wide private right of way and along the dividing line of Lot No. 14, North 84 degrees 56 minutes 46 seconds West, a distance of 317.50 feet to an iron pin on the aforesaid eastern right of way line of Township Road T-466, also known as Mooredale Road, North 05 degrees 38 minutes 17 seconds East, a distance of 50 feet to an iron pin, the place of BEGINNING. 21. Prior to execution of the deed by Jones to Bells, tax assessment records showed no owner of the Right-Of-Way and no property taxes were assessed against the Right-Of-Way. 22. The Bells maintain that they are owners of the Right-Of-Way by virtue of their deed dated June 8, 2011. 23. The Bells have restricted the Richwines' use of the Right-Of-Way. 24. The Bells have obstructed access to a portion of the Richwines driveway by placing a cable across the Right-Of-Way and topsoil where the Richwines' driveway and the Right-Of-Way join. COUNT I -ACTION TO QUIET TITLE PURSUANT TO PA.R.C.P. 1061(b)(2) EASEMENT BY IMPLICATION 25. The Plaintiffs hereby incorporate by reference all of the averments in paragraphs 1 through 24 above. 26. The legal description of Lot #11 designates the Right-Of-Way as a boundary in all deeds of conveyance for Lot #11. 27. The driveway on Lot #11 was constructed and used by the Bears prior to the sale of Lot Nos. #12 and #13. 28. Upon information and belief, Jones was aware of the driveway on Lot#11 and the use of the Right-Of-Way to access both ends of the Richwines' driveway. 29. The Richwines and their predecessors in title drove vehicles over and across the Right-Of-Way to access their driveway. 30. The Richwines use of the Right-Of-Way is essential for their ability to deliver wood to their wood furnace located in the back of Lot #11. 31. The Richwines wood furnace is the primary source of heat for their residence during the fall and winter months of the year. 32. The Richwines cannot access their driveway from Mooredale Road without use of the Right-Of-Way. 33. The Bells have resided in their residence for over four years and have witnessed the Richwines and their predecessors in interest use of the Right-Of-Way for ingress and egress of vehicles at both ends of their driveway. 34. Prior to the execution of the deed for the Right-Of-Way from Jones to Bells, the Richwines had open, visible, permanent and continuous use of the Right-Of- Way. WHEREFORE, the Richwines respectfully request this Honorable Court enter an Order granting the Richwines, their heirs, successors and assigns access to and use of the Right-Of-Way in perpetuity, enjoining the Bells from restricting the Richwines, their heirs, successors and assigns from use of the Right-Of-Way and to restore the property to its original condition paying all costs of restoration. COUNT II -ACTION TO QUIET TITLE PURSUANT TO PA.R.C.P. 1061(b)(2) EASEMENT BY PRESCRIPTION 35. The Plaintiffs hereby incorporate by reference all of the averments in paragraphs 1 through 34 above. 36. The Bears purchased Lot #11 from Jones and her husband on October 8, 1981. 37. Over twenty-one years ago, the Bears constructed a gravel driveway on Lot #11. 38. The Bears, during their ownership of Lot #11, continuously used the Right- Of-Way to access both ends of the driveway. 39. Kurt P. Slocum and Trudy J. Slocum (hereinafter "Slocums"), the Richwines' predecessors in interest, purchased Lot #11 from the Bears and during their ownership of Lot #11 continuously used the Right-Of-Way to access both ends of the driveway. 40. The Richwines purchased Lot #11 from the Slocums and continuously used the Right-Of-Way to access both ends of their driveway. 41. The driveway on Lot #11 and the vehicles that enter and exit the driveway are visible from the Right-Of-Way and from Lot #13 and Lot #14. 42. The Richwines and their predecessors in interest maintained the Right-Of- Way that adjoined their property as an extension of their yard and driveway until October 2010 when the Bells requested that they stop maintaining that portion of the Right-Of-Way. 43. The Richwines continue to maintain a portion of the Right-Of-Way closest to Mooredale Road and the entrance of their driveway. 44. The Richwines use of the Right-Of-Way is not inconsistent with the other Lot owners' rights to use the Right-Of-Way. 45. The Richwines have a right to use the Right-Of-Way to access both ends of their driveway by virtue of their adverse, open, continuous and uninterrupted use of the Right-Of-Way for over 21 years. WHEREFORE, the Richwines respectfully request this Honorable Court enter an Order granting the Richwines, their heirs, successors and assigns access to and use of the Right-Of-Way in perpetuity, enjoining the Bells from restricting the Richwines, their heirs, successors and assigns from use of the Right-Of-Way and to restore the property to its original condition paying all costs of restoration. COUNT III -ACTION TO QUIET TITLE PURSUANT TO PA.R.C.P. 1061(b)(2) PUBLIC ROAD 46. The Plaintiffs hereby incorporate by reference all of the averments in paragraphs 1 through 45 above. 47. Jones dedicated the Right-Of-Way for public use according to the Final Plan. 48. The legal description of Lot #11 designates the Right-Of-Way as a boundary in all deeds of conveyance of Lot #11 to the Richwines and their predecessors in title. 49. No real estate taxes have been assessed against Jones for the Right-Of- Way. 50. Jones actions clearly indicate her intent to dedicate the Right-Of-Way to public use. 51. Dickinson Township failed to accept the dedication of the Right-Of-Way. 52. Title to the Right-Of-Way vested in the adjoining lot owners. 53. The Richwines and the other Lot owners own to the center line of the Right-Of-Way by virtue of the township's failure to accept the Right-Of-Way for public use. 54. Jones is not an adjoining lot owner and therefore had no legal interest in the Right-Of-Way to convey to the Bells. 55. The Bells have a right to use the Right-Of-Way, but have no ownership interest in the Right-Of-Way and therefore may not restrict the Richwines use of the Right-Of-Way. WHEREFORE, the Richwines respectfully request this Honorable Court enter an Order granting the Richwines, their heirs, successors and assigns access to and use of the Right-Of-Way in perpetuity, enjoining the Bells from restricting the Richwines, their heirs, successors and assigns from use of the Right-Of-Way and to restore the property to its original condition paying all costs of restoration. COUNT IV - ACTION FOR DECLARATORY JUDGMENT PURSUANT TO 42 PA.C.S.A. Section 7531 et seq 56. The Plaintiffs hereby incorporate by reference all of the averments in paragraphs 1 through 55 above. 57. An actual controversy exists regarding ownership of the Right-Of-Way. 58. An actual controversy exists regarding who may use the Right-Of-Way. WHEREFORE, the Plaintiffs respectfully request this Honorable Court enter an Order declaring the owners of Lot #11, #12, and #14 the lawful owners of the Right-Of- Way and that the owners of Lot#11 and their successors may use the Right-Of-Way in perpetuity for access to both ends of the driveway on Lot #11. Respectfully submitted, SCH Tricit D. Naylor, n I. D. # 83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by our attorney in this litigation. The language of the statements is not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsifications to authorities. i Date: 11 Matthew H. Richwine Date: ?? 6'?? Leah M. ich ine Tax Parcel # c 17 C- zxgeed 77?? ! w ?; MADE this day of January, 2007, BETWEEN KURT P. SLOCUM and TRUDY J. SLOCUM, husband and wife, of Carlisle, Cumberland County, Pennsylvania, "GRANTORS", AND MATTHEW H. RICHWINE and LEAH M. RICHWINE, husband and wife, of Plainfield, Cumberland County, Pennsylvania, "GRANTEES", WITNESSETH, that in consideration of the sum of Two Hundred Thirty-eight Thousand and 00/100 ($238,000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said GRANTORS do hereby grant and convey in fee simple to said GRANTEES, their heirs and assigns, as tenants by the entireties, ALL THAT CERTAIN piece or parcel of land, together with the improvements erected thereon situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the eastern side of Township Road T-466, known as Mooredale Road, said iron pin being corner of lot now or formerly of William B. Adams and wife; thence by said Adams lot South 83 degrees 32 minutes 9 seconds East 272.25 feet to an iron pin; thence by Lot No. 12 of the hereinafter mentioned Subdivision Plan South 6 degrees 27 minutes 51 seconds East 157.87 feet to an iron pin; thence by the northern line of a 50 foot right of way North 84 degrees 57 minutes 46 seconds West 268.28 feet to an iron pin on the eastern side of said Township Road; thence by the eastern side of said Township Road North 5 degrees 3 minutes 14 seconds East 164.53 feet to an iron pin, the Place of BEGINNING. CONTAINING 1 acre, more or less. 'my, 278 PACE2040 "Exhibit A" The above described tract of land being Tract No. 11 on Subdivision Plan No. 6 for Jeanette E. Jones, which Subdivision Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 40, page 32. BEING KNOWN as 211 Mooredale Road, Carlisle, PA 17013. BEING the same premises which W. Steven Bear and Patricia S. Bear, his wife, by Deed dated May 28, 1997 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 158 Page 367, granted and conveyed unto Kurt P. Slocum and Trudy J. Slocum, grantors herein. AND the said GRANTORS hereby warrant specially the property herein conveyed. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and year first above written. ,„QL----- Kurt P. Slocum uo Trudy J. S u ? v?t'rBvv A o ?• is-a' C? YJ u 'rf --i t,r QF e z ae rp Ln -4 ? -- 'P ? ? aS ev. Gil --+ . te 4 ? r ., ,7 Q ? a. CA l.• boor 278 PAGE2041 -x/ ct C/ 5? bqa PARCEL NO. This Deed MADE THE 91 day of P440 in the year of our Lord two and six (2006). -4 c: BETWEEN JEFFREY T. LYONS and GEORGL4 L. LYONS, husband and_wife =bC Carlisle, Pennsylvania, Grantors herein, 3 0 „ v rn CG rn C3 -+ m D DAVID A. BELL and PATRICIA D. BELL, of Cumberland County, Pennsylvania, Grantees herein. WITNESSETH, that in consideration of ONE HUNDRED NINETY-ONE THOUSAND NINE HUNDRED AND XX1100 ($191,900.00) Dollars, in hand pah4 the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantees, their heirs and assigns as tenants by the entireties. ALL that certain parcel of ground with improvements thereon erected situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described, as follows: BEGINNING at a point located on the southern side of a 50 foot right-of-way for ingress and egress as set forth on the Plan of Jeanette E. Jones, said Plan setting forth the maintenance responsibilities therefore and being recorded in the Cumberland County Recorder of Deeds Office in Plan Book 40, Page 32; said point also being at the northernmost dividing line between Lots No. 13 and 14 on the aforementioned Plan of Lots; thence South 84 degrees 56 minutes 46 seconds East along said 50 foot right-of- way, a distance of 50 feet to a point; thence North 6 degrees 27 minutes 51 seconds East, a distance of 180 feet to a point located at the dividing line of Lots Nos. 12 and 13 on the above-mentioned Plan of Lots; thence along the dividing line with Lot No. 12, South 83 degrees 32 minutes 9 seconds East, a distance of 170.65 feet to a point; thence South 20 degrees 21 minutes 21 seconds West, a distance of 283.12 feet to a point; thence along the southern boundary line of Lot No. 13 on the above-mentioned Plan of Lots, South 83 degrees 49 minutes 4 seconds West, a distance of 156.48 feet to a point located at the dividing line of Lots No. 13 and 14 of the above-mentioned Plan of Lots; thence along the dividing line with Lot No. 14, North 6 degrees 27 minutes 51 seconds East, 127.86 feet to a point, the Place of BEGINNING. BEING known as Lot No. 13 on the Subdivision Plan for Jeanette E. Jones as recorded in Cumberland County Plan Book 40, Page 32. 80ox 276 PACE4767 "Exhibit B" I CONTAINING 1.030 acres. BEING the same premises that Jeffrey T. Lyons, by his deed dated the 0 day of May, 1999, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 199, Page 282, granted and conveyed unto JEFFREY T. LYONS and GEORGIA LYONS, GRANTORS herein. 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 hand and seal the day and year first above written. Signed, Sealed and Delivered in the Pre e f (SEAL, YONS 6A -/- 4-4-mmt) J GED G . LYONS 61 Commonwealth of Pennsylvania County of Cumberland ) SS. On this, the aq day of SApi? , 2006, before me, the undersigned officer, personally appeared Jeffrey T. Lyons and Georgia L. Lyons, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. 6002 'g aunt iwiiuz WHEREOF, I her to set my hand and official seal. puno0 pueliagwno 'ajoS NI74m) Mild AMON '3AIHr '0 NQ 113S 1VISVION VINVA NN3d AO H11V3MNOV M100 I do hereby certify that the precise residence and complete post office address o the within named grantees is 'l t t A M a0 r'tedgIt 0- dy C? rInsAf, AX //'t COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEk KRISTEN D. CHIVE, Notary Public Camp Hill Boro, Cumberland County My Commissiar, Expires June 6, 2009 w At?1= - W0X 276 PAG'"4768 t > c rc-corded Courty PA i 5Cl, t a e ILI "V M• frt Qt 401, 0 0 g a 0:8 0 *0:8 0 i ti n I !sC ? •N I"r T? 1?+ P. v-cord'cr of Deeds aom 276 PAGE4769 y 400800389 Tax Parcel: 08-10-0626-049 THIS DEED, MADE THE ?C day of in the year Two Thousand Eight (2008) BETWEEN Ronald L. Doyle and Brenda K. Doyle, husband and wife, Grantors and Michael J. Donnelly and Carol L. Donnelly, husband and wife, Grantees: - WITNESSETH, that in consideration of the sum of Two Hundred Forty-Four Thousand Nine Hundred and 00/100 Dollars ($244,900.00), in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantees, ALL THAT CERTAIN piece or parcel of land situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the Northern line of a 50 foot right-of-way at the Southeast corner of Lot No. 11 as shown on the hereinafter mentioned Subdivision Plan; thence by the Eastern line of Lot No. 11, North 6 degrees 27 minutes 51 seconds East 317.87 feet to a point at the corner of Lots Nos. 5, 2.12 and 12A of said Subdivision Plan; thence by the Southern line of Lot 12A, South 86 degrees 27 minutes 49 seconds East 79.36 feet to a point; thence by the Eastern line of said Lot 12A, North 3 degrees 32 minutes 11 seconds East 165.84 feet to an iron pin at the corner of Lots Nos. 8, 9, 12 and 12A of said Subdivision Plan; thence by the Southern line of said Lot No. 9, South 86 degrees 27 minutes 49 seconds East 150.94 feet to an iron pin at the corner of Lots Nos. 9 and 3A; thence by the Southern line of Lot No. 3A and the Southern line of Lot No. 3, North 66 degrees 45 minutes East 118.05 feet to an iron pin; thence by land now or formerly of L. B. Phillips South 20 degrees 21 minutes 21 seconds West 431.11 feet to an iron pin; thence by Lot No. 13 as shown on said Subdivision Plan, North 83 degrees 32 minutes 9 secords West 170.65 feet to an iron pin; thence by the Western line of said Lot No. 13, South 6 degrees 27 minutes 51 seconds West 129.99 feet to an iron pin; thence by the Northern line of said right- of-way, North 84 degrees 56 minutes 46 seconds West 50.02 feet to an iron pin, the place of BEGINNING. CONTAINING 2.089 acres, more or less TOGETHER VVITH a 50 foot Right-of-way from the above described tract of land along the Southern line of Lot No. 11 to the Mooreland Road (T-466) in common with the Owners of Lot No. 13 as shown on said Subdivision Plan. The above described tract of land being Lot No. 12 on subdivision for Jeanette E. Jones, which ReSubdivision Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 42, Page 8. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements, and right of ways of record. BEING KNOWN AND NUMBERED as 209A Mooredale Road, Carlisle, Pennsylvania. BEING THE SAME PREMISES which R. Wayne Jones and Jeanette E. Jones, his wife, by deed dated July 18, 1988 and recorded July 19, 1988 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 33-L, Page 858, granted and conveyed unto Ronald L. Doyle and Brenda K. Doyle, his wife, Grantors herein. I "Exhibit C" And the said grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said grantors have hereunto set their hands and seals the day and year first above written. Signed, Sealed and Delivered i the Presence of (Witn(iss) (Witness) 16 _ 14X'C'W 40 "-1 Ronald L. Doyle .. ,- Brenda K. Doyle STATE OF PENNSYLVANIA : SS COUNTY OF On this the day of before me, the undersigned officer. personally appeared Ronald L. Doyle and Brenda K. Doyle, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Notarial seal Colleen Blume. Notary Public Hampden Twp., Cumberland County My Commission Expires April 6, 2012 Member, Pennsylvania Association of Notaries a I do hereby certify that the precise residence and complete post office address of the within grantee is: 2008. b? Agent for COMMONWEALTH OF PENNSYLVANIA: : SS COUNTY OF CUMBERLAND : RECORDED on this day of in the Recorder's office of the said County, in Deed Book , Page Given under my hand and seal of the said office, the date above written. Recorder ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 200814461 Recorded On 5/2/2008 At 12:35:29 PM * Instrument Type - DEED Invoice Number - 20077 User ID - JM x Grantor - DOYLE, RONALD L * Grantee - DONNELLY, MICHAEL J *Customer- SECURED LAND TRANSFER * FEES STATE TRANSFER TAX $2,449.00 STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $10.00 JUSTICE RECORDING FEES - $11.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CARLISLE AREA SCHOOL $1,224.50 DISTRICT DICKINSON TOWNSHIP $1,224.50 TOTAL PAID $4,936.50 * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. I Certify this to be recorded in Cumberland County PA a c? ou'?s ? v t?ao RECORDER O D E- Information denoted by an asterisk may change during the verification process and may not be reflected on this page. V!IY?VINOPIT PIVII r • .t?1•AT a. ghat r.rrn Act of 1909--Arranged for ?hoto-Racorains ` y??????y??\'''??```??????...??????fff••••eee1w?????"`ww???•••eee,,,nnn????llllll????????fX» rN ne a, Pa. COMMONWEALTH OF FENINSYLVANIA = DEPARTMENT OF REVENUE - RF4RD `" - EG-nr. UN QRDEB 0c •?=;.T? 4E ?' TRANSFER " - BERLA?j ;`;'jN.T v TAX Nov ?'? z 9 0. 0 0 _= i 7F,RkSYCYAhIA o P.&11162 Nov 3 18 PH '81 i MADE THE day of November in the year of our Lord one thousand nine hundred and e#ty-two (1982) 1 BETWEEN R. WAYNE JONES and JEANETTE E. JONES, his wife, of Dickinson Township, Cumberland County, Pennsylvania, Grantor s, and RANDALL L. HOCK and LORIANN S. HOCK, his wife, of R. D. #1, Shippensburg, Pennsylvania, -- Grantee S7 WITNESSETH, that in consideration of Nine thousand--------------- (59,000.00) ----------------------- 00/100---- tars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant 01 and convey to the said grantee s, their heirs and asaLgns, BALL that certain'piece or parcel of land situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin at the corner of the eastern line of Township Road T-466, known as the Mooredale Road and the southern line of a 50 foot right-of-way; thence by the southern line of said right-of-way South 84 degrees 56 minutes 46 seconds East 267.56 feet to an iron pin; thence by Lot No. 13 of the hereinafter mentioned Subdivision Plan South 6 degrees 27 minutes 5 seconds West 127.86 feet to an iron pin; thence by land formerly of the Grantors herein, now of John R. McKeehan and wife, South 83 degrees 49 minutes 4 seconds West 271.46 feet to an iron pin on the eastern side of said Township Road; thence by the eastern side of said Township Road North 5 degrees 38 minutes 17 seconds East 180.73 feet to an iron pin, the place of Beginning. Containing 0.944 acres, more or less. The above described tract of land being Tract No. 14 on Subdivision Plan No. 6 for Jeanette E. Jones, which Subdivision Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 40, Page 32. BEING a part of a larger tract of land which Jeanette E. Jones and R. Wayne Jones, her husband, by deed dated April 9, 1979 and recorded in the aforesaid Recorder's Office in Deed Book "J", Vol. 28, Page 85, granted and conveyed to R. Wayne Jones and Jeanette E. Jones, his wife, the Grantors herein. iswaship of Cumb. Co., Pa. School Dist. Cumb, Co., P4. 1 % R..1 F.W. Tuntfa, Taa 1 X R..1 £0.4 Tnnd r As AmFe ta ........... /a-pce- c-n? c.. osd. CL AoR ok BOOK fits PAGE Jrs,2 -..-t,. c.. aw. c.:- ;p?---•?... "Exhibit D" AND the said grantors hereby covenant and agree that they will warrant generally the property hereby conveyed. IN WITNESS WHEREOF, said grantors have hereunto set their hands and seals the day and year first above ic•ritten. ftneb, 8taltb atib T'lelibtreb .. ...""'......°°•°' L e ones)' i tb Jlcesente of . . ......... _ . ./? (Jean to E Jones) ..............................?. .................._... c............... ' ........... .................... ...................... .............................. SLLL ..._....... 1. 4.1 ...................................... ? ..................... ................................ gLAL State of PENNSYLVANIA Coirnty of CUMBERLAOND sa: ` On this, the day of November 19 82, before me, a Notary Public, the undersigned officer, personally appeared R.. WAYNE JONES and JEANETTE E. JONES, his wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for' the purposes thxreln contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. WARRIi R..PdIRGf ?1...IXC?AM7C.RR1lTQ.__.. r : a ..: CARLiSLR. CUMBERLAND COVNTY. PA Title' U;6 er2r;; ?`,• ,?,? MY COMMISSION RSPIRRS MARCH S. IOAO - I do hereby certify that the rrrecy56esidence and complete post offcee address of the within named grantee is R. D. 1, Sxippeifsburg, Pa. 17257. November f 1982 Attorney /or .....GKdci e ...._._._..........._.._.._...-- B00K? 29 PACE 563 2 - tiff ,???? Q m?Q 'n a a L °, mo o 04PI .7 91 T y F. ff - 53 9P ' zi -? 2 o M ? ? lj? Ql3ii J . .. Z ? I Q Z Cl-a u 3 O n y ` N - lb , Lo t ? ? O lu ` C U M . - S h M,o '' 2 2 14 a ? e Q S , G? i e z p°u 4a Z- ce .4 Lz &?gE s?? ; ' v u2 ;? X53 80° 0. k ul I.. W 4 ? ? h .wQ h2W pzW O h J UQ2va' = I ?2 r ".O h?p3 - u7Zq U. Q ? W Ln ???o p ti'^o ? .I 10 2 Jn W w:W -, i °fN YOZ in 6: :,t ek U =Wpyq 0 Q? W? ~ W u2? W (Z, In idl LAJ ? m n RFC ~2p 8 X '? a W 8? W h `W yf IN awe ul a h a ti W p Q: l sae ti uup 202 W ZQm }:> Y Q pNn •x QO 'pi?_v Z 2 7 2 B,HILI h2N"? 2 CLu 3iuQi >? n SC3+v ?" Y34tl0]lY "Exhibit E" l Co (tea VVI ? V per. :'?, r { -? ?: ? 3 ! q F 4 u nr \ N : Q R Q ry 5.03'32/`W - _ a - ; - - !LS g4. 4 t •; ???i.+?wr?t?Y -. ?? bS? iy,..*€? ?tY r??.? 4 ?}b ?+.t ' to 51070102\2A/IOJ.3pU1J h "2bf 6$7. .07 `.00'29/ ?? -? f Tq 1. k5 ^< ?m?' 00 ^¢ rw. ' a °n, r4'uW? ?? Q co O `j\q, c `?,> P v <fi ' +?t ;`Z ?rxt CC V. IV ? i V w 9G'L % =7 6S 2. ? .2Z'692 <Y v »o.?vp ?0 60n, - ?iOp h C?4?N Z ? W q g?e N ' 'ka4 a C4 p?yyh?? ? ? v ?JIW? 3 a'a; v? W? O 2 W @r W v v ?? 3c ? ! rrgt I W' Z I ? FA F ? ?e F V I y _ @?$ @ "Exhibit F" 04 ?r it i Parcel No. (??- !(? -D(a(? 7 ? OOOIR3 DEED ?H MADE THE day ofin the year of our Lord Two Thousand Eleven (2(li 1 BETWEEN JEANETTE E. JONES, widow, of Cumberland County, Pennsylvania, hereinafter (Grantor) and DAVID A. BELL and PATRICIA D. BELL, husband and wife, of Cumberland County, Pennsylvania, hereinafter (Grantees) WITNESSETH, that in consideration of One Dollar and 00/100 ($1.00) in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does hereby grants and conveys to the said Grantees, their heirs and assigns as tenants by the entireties.. ALL THAT CERTAIN private right-of-way or tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the eastern right-of-way line of Township Road T-466, also known as Mooredale Road, at the dividing line of Lot No. 11 and the northern line of 50 foot wide private right-of-way as shown on the hereinafter mentioned subdivision Plan; THENCE along Lot No. 11 and crossing said 50 foot wide private right-of-way, South 84 degrees 56 minutes 46 seconds East, a distance of 318.28 feet to a point on the dividing line of Lot No. 13; THENCE along Lot No. 13, South 06 degrees 27 minutes 51 seconds West, a distance of 50 feet to a point on the dividing line of Lot No. 13, 267.50 feet and the southern line of said 50 foot wide private right-of-way; THENCE crossing said 50 foot wide private right-of-way and along the dividing line of Lot No. 14, North 84 degrees 56 minutes 46 seconds West, a distance of 317.50 feet to an iron pin on the aforesaid eastern right-of-way line of Township Road T- 466, also known as Mooredale Road, North 05 degrees 38 minutes 17 seconds East, a distance of 50 feet to an iron pin, the place of BEGINNING. BEING the 50 foot wide private right-of-way originally retained by Jeanette E. Jones, as shown on Number 6 Subdivision Plan for Jeanette E. Jones, recorded in the Recorder of Deeds, Cumberland County in Plan Book 40, Page 32. "Exhibit G" BEING subject to the terms and conditions of the Number 6 Subdivision Plan for Jeanette E. Jones dated March 23, 1981, which is recorded in the Recorder of Deeds, Cumberland County in Plan Book 40, Page 32. BEING a portion of the some premises which Jeanette E. Jones, in her right and R. Wayne Jones, her husband, by their Deed dated April 9, 1979 and recorded on April 9, 1979, in the Cumberland County Recorder of Deeds Office, in and for the County of Cumberland, Carlisle, Pennsylvania, in Deed Book "J", Volume 28, Page 85, granted and conveyed unto R. Wayne Jones and Jeanette E. Jones, his wife. R. Wayne Jones departed this life on May 17, 2010, whereby titled vested in Jeanette E. Jones, the Grantor herein. AND the said Grantor hereby covenant(s) and agree(s) that she will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantor has hereunto set her hand and seal the day and year above written. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF C 1 I ANETTE E. JONES COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : ss c?-ra On this, the 0 day of C- 2011 before me, the undersigned officer personally appeared JEANETTE E. JONES, widower, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof, I have hereunto set my hand and official seal. NOURMSEAL GWSLE BOBO;CUMMUM OOIMIY (SEAL) W00ML29ME*IRE8J{NIE2%=j Title of Officer I do hereby certify that the precise residence and com lete post office address of the within named Grantee(s) is Gil Iri redrl` &'- C044, PA .fair DATED: C1t?13 /? Attorney for Grantee REV-183 EX (04-10) ? State 7a RORDER'S U NLY REALTY TRANSFER TAX pennsylvanE DEPARTMENtOFREVENUE STATEMENT OF VALUE m e o .??? Bureau of Individual Taxes P umber PO BOX 280603 Harrisburg, PA i7t28-0603 See reverse for instructions. Date Recorded 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) 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 family relationship or public utility easement. If more space is needed, attach additional sheets. A CORRESPONDENT - All inquiries may be directed to the following person: Name Telephone Number: Jason E: Kelso, Esq. (717) 243-622.2 Mailing Address City State ZIP Code 26 West High Street 1 Carlisle I PA 117013 B. TRANSFER DATA C. Date of Acceptance of Document 06/08/11 Grantor(s)/Lessor(s) Grantee(s)/Lessee(s) Jeanette Jones David and Patricia D. Bell Mailing Address Mailing Address 210 Mooredale Road _ 211A Mooredale Road City State ZIP Code City State ZIP Code Carlisle I PA 117013 Carlisle PA 17013 D. REAL ESTATE LOCATION Street Address City, Township, Borough Private Right of Way for 209A and 211A Mooredale Road Dickinson Township - --- -- County_ School District TTax Parcel Number Cumberland Carlisle Area School District ? NIA E. VALUATION DATA - WAS TRANSACTION PART OF AN ASSIGNMENT OR RELOCATION? ? Y ? N 1. Actual Cash Consideration 2. Other Consideration 3. Total Consideration 1.00 _ +0.00 -- = 1.00 - -- k County Assessed Vaiue S. Common Level Ratio Factor 6. Fair Market Value X = F. EXEMPTION DATA Ia. Amount of Exemption Claimed 1b, Percentage of Grantor's Interest in Real Estate lc. Percentage of Grantor's Interest Conveyed Check Appropriate Box Below for Exemption Claimed. ? Will or intestate succession. (Name of Decedent) (Estate File Number) ? Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ? Transfer from a trust. Date of transfer into the trust If trust was amended attach a copy of original and 6men33-trust ? Transfer between principal and agent/straw party. (Attach complete copy of agency/straw party agreement.) ? Transfers to the commonwealth, the U.S. and instrumentalities by gift, dedication, condemnation or in lieu of con- demnation. (If condemnation or in lieu of condemnation, attach copy of resolution.) ? Transfer from mortgagor to a holder of a mortgage in default. (Attach copy of mortgage and note/assignment.) ? Corrective or confirmatory deed. (Attach complete copy of the deed to be corrected or confirmed.) ? Statutory corporate consolidation, merger or division. (Attach copy of articles.) ® Other (Please explain exemption claimed.) Consideration less than $100.00. Under penalties of law, I declare that I have examined this statement, including accompanying information, and to the best of my knowledge and belief, it is true correct and complete. Signature of Correspondent or ?56s onsibl? Party Date FAILURE TO COMPIOE THIS FORM PROPERLY OR ATTACH REQUESTED DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL TO RECORD THE DEED. ? r ROBERT P. ZIEGLER RECORDER OF DEEDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717-240-6370 Instrument Number - 201116803 Recorded On 6/14/2011 At 3:44:23 PM * Instrument Type - DEED Invoice Number - 88415 User ID - JM * Grantor - JONES, JEANETTE E * Grantee - BELL, DAVID A * Customer - SAEMS * FEES STATE WRIT TAX $0.50 STATE JCS/ACCESS TO $23.50 JUSTICE RECORDING FEES - $12.50 RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 CARLISLE AREA SCHOOL $0.00 DISTRICT DICKINSON TOWNSHIP $0.00 TOTAL PAID $63.00 I Certify this to be recorded in Cumberland County PA * Total Pages - 4 Certification Page DO NOT DETACH This page is now part of this legal document. a ° RECORDER O S nao - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. III iiiWUTiiiiu SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Apd'erson * iL ED-O CE Sheriff THE FROTl? F ri Jody S Smith S?P ` ? F Chief Deputy 2 PH 2; a J Richard W Stewart CUMBERLAND COUNTY Solicitor - PENNSYLVANIA Matthew H. Richwine (et al.) vs. Case Number David A. Bell (et al.) 2011-6701 SHERIFF'S RETURN OF SERVICE 08/25/2011 07:36 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on August 25, 2011 at 1936 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Patricia D. Bell, by making known unto herself personally, at 211A Mooredale Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at the sam a handing to her personally the said true and correct copy of the same. S WN HA N, DEPUTY 08/25/2011 07:25 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on August 25, 2011 at 1925 hours, he served a true copy of the within Complaint and Notice upon the within named defendant, to wit: Michael J. Donnelly, by making known unto himself personally a 209A Mooredale Road, Carlisle; Cumberland County, Pennsylvania 17015 its contents a ?j th sa a time handing to hirr personally the said true and correct copy of the same. ??j HARRMON, DEPUTY 08/25/2011 07:25 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on August 25, 2011 at 1925 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Carol L. Donnelly, by making known unto herself personally, at A Mooredale Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at th"ame fne) handing to her personally the said true and correct copy of the same. I n WN HARRIMN, DEPUTY 08/25/2011 07:16 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on August 25, 2011 at 1916 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Randall L. Hock, by making known unto himself personally, a 13 Mooredale Road, Carlisle, Cumberland County, Pennsylvania 17015 its contents and at th m ti a handing to him personally the said true and correct copy of the same. S HAR SON, DEPUTY 08/25/2011 07:16 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on August 25, 2011 at 1916 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Loriann S. Hock, by making known unto herself personally, at 213 Mooredale 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. (C CrwrySuite She `! Tele,:,A I,,, S H SON, DEPUTY 6 08/26/2011 05:28 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on August 26, 2011 at 1728 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: David A. Bell, by making known unto himself personally, at 211A Mooredale 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. i N SHALL, D 08/26/2011 05:36 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on August 26, 2011 at 1736 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Jeanette E. Jones, by making known unto herself personally, at 210 Mooredale 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. sRAft, G S LL, DE TY SHERIFF COST: $154.44 August 29, 2011 SO ANSWERS, RON R ANDERSON, SHERIFF ic? Ge!m?Yuitee?it r??ecs?tt MATTHEW H. RICHWINE and LEAH M. RICHWINE, Plaintiffs V. DAVID A. BELL and PATRICIA D. BELL, MICHAEL J. DONNELLY and CAROL L. DONNELLY, RANDALL L. HOCK and LORIANN S. HOCK and JEANETTE E. JONES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011 - 6701 CIVIL ACTION - LAW To: Matthew H. Richwine and Leah M. Richwine c/o Tricia D. Naylor, Esq. Baric Scherer 19 West South Street Carlisle, PA 17013 NOTICE TO PLEAD cn 4 c n ---4 C) ? J .t'y -.Jr w5-+ r r YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE WITHIN NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. SALZMANN HUGHES, P.C. Dated: -?-e I ?f i Z?1 By: George F. Douglas, III,"Esq. Atty. ID. No. 61886 354 Alexander Spring Rd., Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Defendant, Jeanette E. Jones MATTHEW H. RICHWINE and LEAH M. RICHWINE, Plaintiffs V. DAVID A. BELL and PATRICIA D. BELL, MICHAEL J. DONNELLY and CAROL L. DONNELLY, RANDALL L. HOCK and LORIANN S. HOCK and JEANETTE E. JONES, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2011- 6701 CIVIL ACTION - LAW PRELIMINARY OBJECTIONS TO COMPLAINT AND NOW, comes the Defendant, Jeanette E. Jones, by and through her attorney, Salzmann Hughes, P.C., and files these Preliminary Objections to Plaintiffs Complaint: 1. The facts set forth in the Complaint are insufficient for the Plaintiff to proceed upon the Defendant to answer. 2. It is the position of the Defendant that even if the facts as stated in the Complaint are true there is not a cause of action stated against the Defendant for which relief can be granted. WHEREFORE, Defendant, Jeanette E. Jones, objects to Plaintiff s Complaint and prays this Honorable Court to dismiss Plaintiffs Complaint against the Defendant with prejudice. Respectfully Submitted, Dated: SALZMANN HUGHES, P.C. By ??C.. George F. Douglas, II , Esq. Atty. ID. No. 61886 354 Alexander Spring Rd., Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Defendant, Jeanette E. Jones VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsifications to authorities. e eJones CERTIFICATE OF SERVICE I, George F. Douglas, III, of Salzmann Hughes, P.C., hereby certify that a copy of the foregoing Answer was served this date by depositing the same in the Post Office at Carlisle, Pennsylvania, first class mail, postage prepaid, addressed as follows: Tricia D. Naylor, Esq. 19 West South Street Carlisle, PA 17013 Jason E. Kelso, Esq. Saidis Sullivan & Rogers 26 W. High Street Carlisle, PA 17013 Michael J. Donnelly Carol L. Donnelly 209A Mooredale Road Carlisle, PA 17015 Randall L. Hock Loriann S. Hock 213 Mooredale Road Carlisle, PA 17015 Respectfully Submitted, SALZMANN HUGHES, P.C. Dater w- + (f , 2-b i By: George F. Douglas, III, squire Attorney ID: 61886 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 MATTHEW H. RICHWINE and LEAH M. RICHWINE Plaintiffs V. DAVID A. BELL and PATRICIA D. BELL, MICHAEL J. DONNELLY and CAROL L. DONNELLY, RANDALL L. HOCK and LORIANN S. HOCK AND JEANETTE E. JONES Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-6701 CIVIL TERM CIVIL ACTION - LAW a w r-n o r:,? ? . -, 0 _ PLAINTIFF'S REPLY TO DEFENDANTS' PRELIMINARY OBJECTIONS NOW, comes Plaintiffs, by and through its attorneys, BARIC SCHERER LLC, and files the within Reply to Preliminary Objections filed by Defendant, Jeanette E. Jones and, in support thereof, sets forth the following: 1. Denied. To the contrary, facts are sufficient for Defendant to answer Complaint. 2. Denied. By way of further answer, the Court will be asked to determine the ownership and/or right to use the Right-Of-Way and therefore all parties with a potential ownership interest in or right to use the Right-Of-Way must be a party to the quiet title action. WHEREFORE, the Plaintiffs request the Honorable Court to dismiss the Defendant's Preliminary Objections. Respectfully submitted, BARIC SCHERER LLC Tric a D. Naylor sq 1. D. # 83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs VERIFICATION The statements in the foregoing Plaintiffs' Reply to Defendants' Preliminary Objections are based upon information which has been assembled by our attorney in this litigation. The language of the statements is not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsifications to authorities. Date: _101-3111 Matthew H. Richwine &2 ' -? 106c?- ??4 ! Date: ?d ?l- Leah M. Richwine CERTIFICATE OF SERVICE I hereby certify that on October ? , 2011, I, Tricia D. Naylor, Esquire, of Baric Scherer LLC, did serve a copy of the Plaintiff's Reply to Defendants' New Matter, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Jason E. Kelso, Esq. Saidis, Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Michael J. Donnelly Carol L. Donnelly 209A Mooredale Road Carlisle, PA 17015 George Douglas, Esq. Salzmann Hughes, PC 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Randall L. Hock Loriann S. Hock 213 Mooredale Road Carlisle, PA 17015 ITricia D. N or, quire MATTHEW H. RICHWINE and LEAH M. RICHWINE Plaintiffs V. DAVID A. BELL and PATRICIA D. BELL, MICHAEL J. DONNELLY and CAROL L. DONNELLY, RANDALL L. HOCK and LORIANN S. HOCK AND JEANETTE E. JONES Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-6701 CIVIL TERM - CIVIL ACTION - LAW ' c a rn CID n ti r~ r n PLAINTIFF'S REPLY TO DEFENDANTS' NEW MATTER NOW, comes Plaintiffs, by and through its attorneys, BARIC SCHERER LLC, and files the within Reply to New Matter filed by Defendants, David A. Bell and Patricia D. Bell and, in support thereof, sets forth the following: 59. The Plaintiffs hereby incorporate by reference all of the averments in paragraphs 1 through 58 of their Complaint. 60. Admitted. 61. Admitted in part denied in part. It is admitted that there is another source of heat for Plaintiffs' residence. It is denied that Plaintiffs have used any other source of heat as their main source of heat since installing the wood furnace. 62. Denied. It is impracticable, burdensome and/or dangerous to use Plaintiffs driveway to receive wood without using the Right-Of-Way to enter their driveway closest to the back of their property. 63. Denied. To the contrary, Plaintiffs' use of the Right-Of-Way is essential to the Plaintiffs' right to ingress and egress their property and to heat their house. 64. Denied. By way of further answer, after reasonable investigation Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of this averment. 65. Denied. By way of further answer, after reasonable investigation Plaintiffs are without knowledge or information sufficient to form a belief as to the truth of this averment. 66. Denied. To the contrary, upon information and belief the Bears' use of the Right-Of-Way was hostile. 67. Denied. To the contrary, the Complaint sets forth a claim for which relief should be granted. 68. Denied. To the contrary, the Plaintiffs have met their burden and the Complaint sets forth a claim for which relief should be granted. 69. Denied. To the contrary, the Complaint sets forth a claim for which relief should be granted. 70. Denied. To the contrary, the Plaintiffs have met their burden and the Complaint sets forth a claim for which relief should be granted. 71. Admitted in part and denied in part. It is admitted that Subdivision Plan #6 uses the word private. It is denied that private refers to the exclusive use of Lots #12 and #13. Another plan, Final Subdivision Plan, dedicates the Right-Of-Way to public use. 72. Denied. Subdivision Plan #6 is a written document that speaks for itself. It is denied that the Right-Of-Way was to be used exclusively for Lots #12 and #13. Another plan, Final Subdivision Plan, dedicates the Right-Of-Way to public use. 73. Denied. The Final Subdivision Plan is a written document that speaks for itself. 74. Denied. The Final Subdivision Plan is a written document that speaks for itself. 75. Denied. To the contrary, the Plaintiffs have met their burden and the Complaint sets forth a claim for which relief should be granted. WHEREFORE, the Plaintiffs request judgment to be entered in their favor and against the Defendants as prayed for in the Complaint. Respectfully submitted, B +C SCH ER LL Tri is D. Naylor, squi I.D. # 83760 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs VERIFICATION The statements in the foregoing Plaintiffs' Reply to Defendants' New Matter are based upon information which has been assembled by our attorney in this litigation. The language of the statements is not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsifications to authorities. Date: d 3 !-- Matthew H. Richwine It, Date: Leah M. ichwine e ?- CERTIFICATE OF SERVICE I hereby certify that on October ?, 2011, I, Tricia D. Naylor, Esquire, of Baric Scherer LLC, did serve a copy of the Plaintiff's Reply to Defendants' New Matter, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Jason E. Kelso, Esq. Saidis, Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Michael J. Donnelly Carol L. Donnelly 209A Mooredale Road Carlisle, PA 17015 George Douglas, Esq. Salzmann Hughes, PC 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Randall L. Hock Loriann S. Hock 213 Mooredale Road Carlisle, PA 17015 A--V - Tricia D. Nay r, Es ire PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in triplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Argument Court.) CAPTION OF CASE (entire caption must be stated in full) Matthew H. Richwine and Leah M. Richwine vs. David A. Bell and Patricia D. Bell, Michael J. Donnelly and Carol L. Donnelly, Randall L. Hock and Loriann S. Hock and Jeanette E. Jones (List the within matter fqc-,the"xt ' '., ' " r rl M Q rt F=-- ' -CM ? N N Z -r -z- v = -v c -? O _ No. 2011-6701 Civil Term 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Preliminary Objections of Defendant, Jeanette E. Jones 2. Identify all counsel who will argue cases: (a) for plaintiffs: Tricia D. Naylor, Attorney for Plaintiff (Name and Address) Baric Scherer 19 W. South Street, Carlisle, PA 17013 (b) for defendants: George F. Douglas, III, Attorney for Defendant, Jeanette E. Jones (Name and Address) Salzmann Hughes, PC, 354 Alexander Spring Road, Suite 1, Carlisle, PA 17015 3. 1 will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: L,c. ignaue George F. Douglas, III / Salzmann Hughes Print your name Attorney for Defendant, Jeanette E. Jones Date: Attorney for INSTRUCTIONS: 1. Original and two copies of all briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) before argument. 2. The moving party shall file and serve their brief 12 days prior to argument. 3. The responding party shall file their brief 5 days prior to argument. 4. If argument is continued new briefs must be filed with the COURT ADMINISTRATOR (not the Prothonotary) after the case is relisted. MATTHEW H. RICHWINE and LEAH M. RICHWINE, Plaintiffs V. DAVID A. BELL and PATRICIA D. BELL, MICHAEL J. DONNELLY and CAROL L. DONNELLY, RANDALL L. HOCK and LORIANN S. HOCK and JEANETTE E. JONES, Defendants 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, j PENNSYLVANIA _ 7 NO. 2011 - 6701 rv c ' CIVIL ACTION - LAW __-}- =; c ? ANSWER 5. Denied. Defendant, Jeanette E. Jones, is an adult individual residing at 210 Mooredale Road, Carlisle, Cumberland County. 6. Admitted 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. By way of further response, Defendant and also the developer, Jeanette E. Jones (hereinafter "Jones"), specifically states that the 50' Private Right-of-Way is hereby retained to be used in common for ingress and egress for Lot 12 and Lot 13. 13. Admitted. 14. Denied. The Final Plan defines the 50' Private Right-of-Way as "Existing 50' Right-of- Way", which Jones retained as a private right-of-way for ingress and egress for Lots 12 and 13 only. 15. Admitted. 16. Denied. It is specifically denied that the rear driveway was installed at the time the home was constructed. It is believed the rear driveway was installed approximately a year after the house was built. 17. Denied. Jones is without sufficient knowledge to form a belief as to the truth of this averment, so it is therefore denied. 18. Denied. Jones is without sufficient knowledge to form a belief as to the truth of this averment., so it is therefore denied. 19. Admitted in part and denied in part. Jones did not attempt to convey the 50' Private Right- of-Way to Jones. Jones did convey the 50' Private Right-of-Way to Bell for use by Lot 12 and Lot 13 for ingress and egress. 20. Admitted. 21. Admitted in part and denied in part. It is admitted that Jones did not receive a property tax bill for the 50' Private Right-of-Way. It is the Cumberland County Tax Assessment Office who informed the Bells that the owner of the 50' Private Right-of-Way was the developer Jones. 22. Denied. The Bells are the owners of the 50' Private Right-of-Way by virtue of their deed dated June 8, 2011. 23. Denied. Jones is without sufficient knowledge to form a belief as to the truth of this averment., so it is therefore denied. 24. Denied. Jones is without sufficient knowledge to form a belief as to the truth of this averment., so it is therefore denied. COUNT I - ACTION TO QUIET TITLE PURSUANT TO PA.R.C.P. 1061(b)(2)EASEMENT BY IMPLICATION 25. Jones hereby incorporates her responses to paragraphs 1 through 24 as though if fully set forth at length herein. 26. Denied. The legal description contained in the deeds for Lot 11 are written documents that speak for themselves. 27. Denied. Jones is without sufficient knowledge to form a belief as to the truth of this averment, so it is therefore denied. 28. Admitted. 29. Denied. Jones is without sufficient knowledge to form a belief as to the truth of this averment„ so it is therefore denied. 30. Denied. Jones is without sufficient knowledge to form a belief as to the truth of this averment., so it is therefore denied. 31. Denied. Jones is without sufficient knowledge to form a belief as to the truth of this averment, so it is therefore denied. 32. Denied. Jones is without sufficient knowledge to form a belief as to the truth of this averment, so it is therefore denied. By way of further response, there is no objection by any party to the Plaintiff s accessing their front driveway by use of the said 50' Private Right-of- Way. 33. Denied. Jones is without sufficient knowledge to form a belief as to the truth of this averment, so it is therefore denied. 34. Denied. Jones is without sufficient knowledge to form a belief as to the truth of this averment, so it is therefore denied. WHEREFORE, Defendant, Jones, respectfully requests that this Honorable Court grant judgment in their favor and dismiss Plaintiff s Complaint with prejudice and award counsel fees and costs and grant such other relief as the Court deems appropriate. COUNT III - ACTION TO QUIET TITLE PURSUANT TO PA.R.C.P 1061(b)(2) EASEMENT BY PRESCRIPTION 35. Jones hereby incorporates her responses to paragraph 1 through 34 as though fully set forth at length herein. 36. Admitted. 37. Denied. Jones is without sufficient knowledge to form a belief as to the truth of this averment, so it is therefore denied. 38. Denied. Jones is without sufficient knowledge to form a belief as to the truth of this averment, so it is therefore denied. 39. Denied. Jones is without sufficient knowledge to form a belief as to the truth of this averment, so it is therefore denied. 40. Denied. Jones is without sufficient knowledge to form a belief as to the truth of this averment., so it is therefore denied. 41. Denied. Jones is without sufficient knowledge to form a belief as to the truth of this averment, so it is therefore denied. 42. Denied. Jones is without sufficient knowledge to form a belief as to the truth of this averment, so it is therefore denied. 43. Denied. Jones is without sufficient knowledge to form a belief as to the truth of this averment, so it is therefore denied. 44. Denied. Jones is without sufficient knowledge to form a belief as to the truth of this averment, so it is therefore denied. 45. Denied. Jones is without sufficient knowledge to form a belief as to the truth of this averment, so it is therefore denied. WHEREFORE, Defendant, Jones, requests that this Honorable Court grant judgment in her favor and dismiss Plaintiff s Complaint with prejudice and award counsel fees and costs and grant such other relief as this Court deems appropriate. COUNT III - ACTION TO QUIET TITLE PURSUANT TO PA. R.C.P. 1061(b)(2) PUBLIC ROAD 46. Jones hereby incorporates her responses to paragraphs 1 through 45 as though if fully set forth at length herein. 47. Denied. Jones stated on the Subdivision Plan #6 that the 50' Private Right-of-Way was to be retained by her for the purpose of providing ingress and egress for Lot 12 and Lot 13. 48. Denied. 'rhe legal description contained in the deeds for Lot #11 are written documents which speak for themselves. 49. Admitted. 50. Denied. Jones stated on the Subdivision Plan #6 that the 50' Private Right-of-Way was to be retained by her for the purpose of providing ingress and egress for Lot 12 and Lot 13. 51. Denied. :[t is specifically denied that the 50' Private Right-of-Way was dedicated for public use. Dickinson Township never accepted the 50' Private Right-of-Way for dedication to public use. 52. Denied. This averment states a conclusion of law to which no response is required. 53. Denied. This averment states a conclusion of law to which no response is required. 54. Denied. Jones clearly retained her interest in the 50' Private Right-of-Way by virtue of her Subdivision Plan #6. 55. Denied. Jones is without sufficient knowledge to form a belief as to the truth of this averment., so it is therefore denied. WHEREFORE, Defendant, Jones, requests that this Honorable Court grant judgment in her favor and dismiss Plaintiff's Complaint with prejudice and award counsel fees and costs and grant such other relief as this Court deems appropriate. COUNT IV - ACTION FOR DECLARATORY JUDGMENT PURSUANT TO 42 PA.C.S.A. SECTION 7531 ET. SEG. 56. Jones hereby incorporates her responses to paragraphs 1 through 55 as though they are fully set forth at length herein. 57. Denied. This averment states a conclusion of law to which no response is required. 58. Denied. This averment states a conclusion of law to which no response is required. WHEREFORE, Defendant, Jones, requests that this Honorable Court grant judgment in her favor and. dismiss Plaintiff's Complaint with prejudice and award counsel fees and costs and grant such other relief as this Court deems appropriate. Dated: JCS Respectfully submitted, SALZMANN HUGHES, P.C. - .d- "?- By: bA-ir-?r- George F. Douglas, III, sq. Atty. ID. No. 61886 354 Alexander Spring Rd., Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Defendant, Jeanette E. Jones VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsifications to authorities. eanette E. Jones CERTIFICATE OF SERVICE I, George F. Douglas, 111, of Salzmann Hughes, P.C., hereby certify that a copy of the foregoing Preliminary Objections was served this date by depositing the same in the Post Office at Carlisle, Pennsylvania, first class mail, postage prepaid, addressed as follows: Tricia D. Naylor, Esq. 19 West South Street Carlisle, PA 17013 Respectfully Submitted, SALZMANN HUGHES, P.C. Date: , GL 2- 3' By: `• George F. Douglas, 111, Esquire Attorney ID: 61886 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 A MATTHEW H. RICHWINE and LEAH M. RICHWINE, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2011-6701 CIVIL TERM = -? _:._ -? r*?? ?? a ' M D AVID A. BELL CIVIL ACTION - LAW 5;0 ? ' and PATRICIA D. BELL, Cnnr o MICHAEL J. DONNELLY x and CAROL L. DONNELLY, s {' RANDALL L. HOCK and LORIANN S. HOCK and -- JEANETTE E JONES ? Defendants. PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of David A. Bell and Patricia D. Bell. in the above referenced matter. Respectfully submitted, / SAIDI, UL A R ER Date: G By: J E. Kelso, Esq. orney I.D. # 209107 6 West High Street Carlisle, PA 17013 (717) 243-6222 Fax: (717) 243-6486 Email: jkelso e,ssr-attomeys.com Kindly enter my appearance on behalf of David A. Bell and Patricia D. Bell in the above referenced matter. Respectfully submitted, SAIDIS SULLIVAN* 7 GERS Date: By. Dean E.,.Reynosa, q. Attorney I.D. # 80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 Fax: (717) 243-6486 Email: dreynosa@ssr-attomeys.com osa@ssr-attomeys.com Attorneys for David A. Bell and Patricia D. Bell MATTHEW H. RICHWINE and LEAH M. RICHWINE, Plaintiffs V. DAVID A. BELL and PATRICIA D. BELL, MICHAEL J.DONNELLY and CAROL L. DONNELLY, RANDALL L. HOCK and LORIANN S. HOCK and JEANETTE E. JONES Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2011-6701 CIVIL TERM CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, March g, 2012, I, Dean Reynosa, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Praecipe for Withdrawal and Entry of Appearance upon all counsel of record and all pro se parties by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, at Camp Hill, Pennsylvania, addressed as follows: By First-Class Mail: Tricia D. Naylor, Esq. Jeanette E. Jones Baric Scherer LLC c/o George Douglas, Esq. 19 West South Street Salzmann Hughes, PC Carlisle, PA 17013 354 Alexander Spring Road, Suite I Attorney for Plaintiffs Carlisle, PA 17015 Michael J. Donnelly Carol L. Donnelly 209A Mooredale Road 209 Mooredale Road Carlisle, PA 17015 Carlisle, PA 17015 Pro Se Pro Se Randall L. Hock Loriann S. Hock 213 Mooredale Road 213 Mooredale Road Carlisle, PA 17015 Carlisle, PA 17015 Pro Se Pro Se... De ReyaosT; squire MATTHEW H. RICHWINE • IN THE COURT OF COMMON PLEAS OF and LEAH M. RICHWINE, • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : v. • NO. 2011-6701 CIVIL TERM DAVID A. BELL : CIVIL ACTION — LAW -0 a- and PATRICIA D. BELL, : rnX MICHAEL J. DONNELLY • -z, , and CAROL L. DONNELLY, • "` - rw RANDALL L. HOCK • and LORIANN S. HOCK and • a JEANETTE E. JONES • Defendants. : PETITION TO WITHDRAW AS COUNSEL OF RECORD NOW comes Dean E. Reynosa, Esquire of Saidis, Sullivan & Rogers, attorney for Defendant's, David A. Bell and Patricia D. Bell, and presents this Petition to Withdraw as Counsel of Record, representing as follows: 1. Petitioner is Dean E. Reynosa, Esquire,of Saidis, Sullivan&Rogers, attorney for Defendants, David A. Bell and Patricia D. Bell, with offices at 26 West High Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendants David A. Bell and Patricia D. Bell are adult individuals whose address is 211A Mooredale Road, Carlisle, PA 17015. 3. Petitioner became involved in the case on or about March 9, 2012. 4. Petitioner performed various services for Defendants, including representing Defendants in various stages of this litigation. 5. Defendants David A. Bell and Patricia D. Bell have requested that Petitioner withdraw his appearance on their behalf. 6. As there is currently no hearing scheduled,withdrawal can be accomplished without material adverse effects on the interests of Defendants David A. Bell and Patricia D. Bell. 7. Petitioner has sought concurrence from opposing counsel, Tricia D. Naylor, Esquire, attorney for the Plaintiffs, and George Douglas, Esquire, attorney for Defendant Jeanette E. Jones and each do not oppose this Petition. 8. Defendants Michael J. Donnelly and Carol L. Donnelly are not represented in this matter and they have not entered any appearance. 9. Defendants Randall K. Hock and Loriann S. Hock are not represented in this matter and they have not entered any appearance. WHEREFORE, Petitioner requests your Honorable Court to provide leave of Court and permit Petitioner to withdraw as counsel of record in this matter for Defendants, David A. Bell and Patricia D. Bell. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS it-& Dean E. Reyno.a, Esquire Supreme Court ID No. 80440 West High Street Carlisle, PA 17013 717-243-6222 MATTHEW H. RICHWINE : IN THE COURT OF COMMON PLEAS OF and LEAH M. RICHWINE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : v. : NO. 2011-6701 CIVIL TERM DAVID A. BELL : CIVIL ACTION — LAW and PATRICIA D. BELL, MICHAEL J. DONNELLY and CAROL L. DONNELLY, : RANDALL L. HOCK and LORIANN S. HOCK and : JEANETTE E. JONES Defendants. : VERIFICATION The foregoing Petition to Withdraw as Counsel is true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. Section 4094, relating to unsworn falsification to authorities. Date: /71.4- /3 De osa,\Esquire, Movant MATTHEW H. RICHWINE • IN THE COURT OF COMMON PLEAS OF and LEAH M. RICHWINE, • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : v. • NO. 2011-6701 CIVIL TERM • DAVID A. BELL CIVIL ACTION— LAW and PATRICIA D. BELL, : MICHAEL J. DONNELLY . and CAROL L. DONNELLY, . RANDALL L. HOCK : and LORIANN S. HOCK and . JEANETTE E. JONES . Defendants. : CERTIFICATE OF SERVICE AND NOW, this__ k day of A�,r+.M1.— , 2013, I, Dean E. Reynosa, Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing Petition to Withdraw as Counsel of Record by first class, United States Mail, postage pre-paid, addressed as follows: David A. Bell & Patricia D. Bell Tricia D. Naylor, Esquire 211A Mooredale Road Baric Scherer LLC Carlisle, PA 17015 19 West South Street Carlisle, PA 17013 George Douglas, Esquire Michael J. Donnelly & Carol L. Donnelly Salzmann Hughes, PC 209A Mooredale Road 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Carlisle, PA 17015 Randall L. Hock& Loriann S. Hock 213 Mooredale Road Carlisle, PA 17015 Respectfully submitted, SAIDIS, SULLIVAN & ROGERS lopr' 4.........___ \ Dean . Reynosa, Esquire Supreme Court ID No. 80440 West High Street Carlisle, PA 17013 717-243-6222 rand EW H. RICHWINE : IN THE COURT OF COMMON PLEAS OF AH M. RICHWINE, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs . • v. • NO. 2011-6701 CIVIL TERM • C"y r� '_ DAVID A. BELL : CIVIL ACTION—LAW c 4=4, "' and PATRICIA D. BELL, • `mo w Z...;MICHAEL J. DONNELLY : zrn_.., c5 r ,._; and CAROL L. DONNELLY, E".,+`- ._ ' RANDALL L. HOCK "cr.' °° and LORIANN S. HOCK and < =J. ■r, JEANETTE E. JONES `1 . Defendants. : t '=' ,�_,,-. RULE TO SHOW CAUSE NOW,this ) day of 't 2013,on Petition of Dean E. Reynosa, Esquire, for Saidis, Sullivan& Rogers, a Rule is hereby issued upon Defendants, David A. Bell and Patricia D. Bell, Plaintiffs Defendant Jeanette E. Jones, Defendants Michael J. Donnelly and Carol L. Donnelly, and Defendants Randall L. Hock and Loriann S. Hock to show cause why Petitioner should not be permitted to withdraw as counsel for Defendant David A. Bell and Patricia D. Bell Rule returnable ,,220 days after the date of this order. By th- . J Dean E. Reynosa, Esq. 26 West High Street Carlisle, PA 17013 David A. Bell & Patricia D. Bell 211A Mooredale Road Carlisle, PA 17015 Tricia D. Naylor, Esquire /Michael J. Donnelly & Carol L. Donnelly Baric Scherer LLC 209A Mooredale Road 19 West South Street Carlisle, PA 17015 Carlisle, PA 17013 ndall L. Hock & Loriann S. Hock George Douglas, Esquire 213 Mooredale Road Salzmann Hughes, PC Carlisle, PA 17015 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 e. x o tes' ' I'L /i 1 1 f 3 MATTHEW H. RICHWINE • IN THE COURT OF COMMON PLEAS OF and LEAH M. RICHWINE, • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs v. • NO. 2011-6701 CIVIL TERM DAVID A. BELL CIVIL ACTION—LAW • and PATRICIA D. BELL, • MICHAEL J. DONNELLY • and CAROL L. DONNELLY, RANDALL L. HOCK • o and LORIANN S. HOCK and • n r • JEANETTE E. JONES '03E7 Defendants. Ica . PETITION TO MAKE RULE ABSOLUTE Y 11 And now this /Q&—day of December, 2013, comes Petitioner, Dean E. Reynosa, Esquire (hereinafter "Petitioner"), and hereby respectfully requests this Honorable Court to make absolute the rule entered on November 15, 2013, and hereby avers as follows in support thereof: 1. Petitioner filed his Petition to Withdraw as Counsel of Record on November 12, 2013. 2. The Honorable Albert H. Masland issued a rule to show cause on November 15, 2013. See Rule to Show Cause attached hereto as Exhibit A. 3. This Honorable Court directed that all parties have 20 days to file any opposition to the Petition to Withdraw as Counsel. 4. On November 19, 2013, Petitioner served a copy of the Rule to show Cause by regular mail to all unrepresented parties and counsel of record. See copy of Certificate of Service filed this date, attached hereto as Exhibit B. 5. Petitioner has not received any responses to the rule to show cause and a review of the docket shows that no responses have been filed by any party. 6. More than 20 days have elapsed since service of the Rule to Show Cause. WHEREFORE, Petitioner respectfully requests that this Honorable Court make its Rule to Show Cause absolute and permit the undersigned to withdraw as counsel of record for Defendants David A. Bell and Patricia D. Bell. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS By: Dean E. Reynosa, quire Attorney I.D. 80440 26 West High Street Carlisle, PA 17013 (717) 243-6222 • MATTHEW H. RICHWINE IN THE COURT OF COMMON PLEAS OF and LEAH M. RICHWINE, • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs • v. NO. 2011-6701 CIVIL TERM DAVID A. BELL • CIVIL ACTION—LAW and PATRICIA D. BELL, : c. ca MICHAEL J. DONNELLY +7.Z: and CAROL L. DONNELLY, r"'-= RANDALL L. HOCK c(rx A and LORIANN S. HOCK and • "< W ' JEANETTE E. JONES : Defendants. : cp ..1►''. RULE TO SHOW CAUSE NOW,this /.5 may of /jnd g,r,Lek 2013,on Petition of Dean E.Reynosa, Esquire, for Saidis, Sullivan&Rogers, a Rule is hereby issued upon Defendants, David A. Bell and Patricia D. Bell, Plaintiffs Defendant Jeanette E. Jones, Defendants Michael J. Donnelly and Carol L. Donnelly, and Defendants Randall L. Hock and Loriann S. Hock to show cause why Petitioner should not be permitted to withdraw as counsel for Defendant David A. Bell and Patricia D, Bell Rule returnable 426 days after the date of this order. By the Court / e J. Dean E. Reynosa, Esq. 26 West High Street Carlisle, PA 17013 David A. Bell& Patricia D. Bell 211A Mooredale Road Carlisle, PA 17015 Tricia D. Naylor, Esquire Michael J. Donnelly& Carol L. Donnelly Baric Scherer LLC 209A Mooredale Road 19 West South Street. Carlisle, PA 17015 Carlisle, PA 17013 Randall L. Hock& Loriann S. Hock George Douglas, Esquire 213 Mooredale Road Salzmann Hughes, PC Carlisle, PA 17015 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 /11/ MATTHEW H. RICHWINE ▪ IN THE COURT OF COMMON PLEAS OF and LEAH M. RICHWINE, • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : v. • NO. 2011-6701 CIVIL TERM • DAVID A. BELL ▪ CIVIL ACTION— LAW and PATRICIA D. BELL, . MICHAEL J. DONNELLY . and CAROL L. DONNELLY, : RANDALL L. HOCK . and LORIANN S. HOCK and . JEANETTE E. JONES . Defendants. : CERTIFICATE OF SERVICE' AND NOW, this 96-day of ckt•-• , 2013, I, Dean E. Reynosa, Esquire, hereby certify that on November 19, 2013, I served the following persons with a copy of the Rule to Show Cause dated November 15, 2013, by first class, United States Mail, postage pre- paid, addressed as follows: David A. Bell & Patricia D. Bell Tricia D. Naylor, Esquire 211A Mooredale Road Baric Scherer LLC Carlisle, PA 17015 19 West South Street Carlisle, PA 17013 George Douglas, Esquire Michael J. Donnelly & Carol L. Donnelly Salzmann Hughes, PC 209A Mooredale Road 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Carlisle, PA 17015 Randall L. Hock & Loriann S. Hock 213 Mooredale Road Carlisle, PA 17015 4 Slip LLIVAN & . =-ERS VAtb....,4010 D--,-n?� o a, Esquire A/orney Id. 8044 26 West High Stre Carlisle, PA 17013 717-243-6222 IIIII MATTHEW H. RICHWINE • IN THE COURT OF COMMON PLEAS OF and LEAH M. RICHWINE, • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : V. NO. 2011-6701 CIVIL TERM • DAVID A. BELL • CIVIL ACTION — LAW and PATRICIA D. BELL, • MICHAEL J. DONNELLY • and CAROL L. DONNELLY, • RANDALL L. HOCK and LORIANN S. HOCK and • JEANETTE E. JONES Defendants. : CERTIFICATE OF SERVICE I hereby certify that on this /(/''t day of December, 2013, a true and correct copy of Petitioners PETITION TO MAKE RULE ABSOLUTE was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: David A. Bell & Patricia D. Bell Tricia D. Naylor, Esquire 211A Mooredale Road Baric Scherer LLC Carlisle, PA 17015 19 West South Street Carlisle, PA 17013 George Douglas, Esquire Michael J. Donnelly & Carol L. Donnelly Salzmann Hughes, PC 209A Mooredale Road 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 . Carlisle, PA 17015 Randall L. Hock & Loriann S. Hock 213 Mooredale Road Carlisle, PA 17015 • SAIDIS, ► !IVAN & ROG :S /ALAIOP Dean Re "tw squire Atto/ ey Id. 80440 26 est High Street Carlisle, PA 17013 717-243-6222 MATTHEW H. RICHWINE • IN THE COURT OF COMMON PLEAS OF and LEAH M. RICHWINE, • CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs : • v. • NO. 2011-6701 CIVIL TERM • DAVID A. BELL CIVIL ACTION— LAW and PATRICIA D. BELL, . MICHAEL J. DONNELLY • f r--) - and CAROL L. DONNELLY, `- 1. °--- - RANDALL L. HOCK `-7T1 and LORIANN S. HOCK and • ..01 JEANETTE E. JONES • - a) c �;,' Defendants. : CERTIFICATE OF SERVICE c' -- ■ AND NOW, this q " I day of k«r^ , 2013, I, Dean E. Reynosa, Esquire, hereby certify that on November 19, 2013, I served the following persons with a copy of the Rule to Show Cause dated November 15, 2013, by first class, United States Mail, postage pre- paid, addressed as follows: David A. Bell & Patricia D. Bell Tricia D. Naylor, Esquire 211A Mooredale Road Baric Scherer LLC Carlisle, PA 17015 19 West South Street Carlisle, PA 17013 George Douglas, Esquire Michael J. Donnelly & Carol L. Donnelly Salzmann Hughes, PC 209A Mooredale Road 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Carlisle, PA 17015 Randall L. Hock& Loriann S. Hock 213 Mooredale Road Carlisle, PA 17015 4 SAI il LLIVAN & : e -ERS OFALS....401011 D- .n7;' o a, Esquire A Forney Id. 8044■ 26 West High Stre=t Carlisle, PA 17013 717-243-6222 MATTHEW H. RICHWINE • IN THE COURT OF COMMON PLEAS OF and LEAH M. RICHWINE, CUMBERLAND COUNTY, PENNSYLVANIA • Plaintiffs • v. • NO. 2011-6701 CIVIL TERM • • DAVID A. BELL • CIVIL ACTION — LAW • and PATRICIA D. BELL, MICHAEL J. DONNELLY • and CAROL L. DONNELLY, • • RANDALL L. HOCK • and LORIANN S. HOCK and • JEANETTE E. JONES • Defendants. : ORDER OF COURT RE: PETITION TO MAKE RULE ABSOLUTE And Now this i✓ day of -tt 2013, upon consideration of Petitioner's Petition to Make Rule Absolute, it is hereby Ordered that Dean E. Reynosa, Esquire and the law firm of Saidis, Sullivan & Rogers is hereby withdrawn as counsel of record for Defendants David A. Bell and Patricia D. Bell. Defendants will represent themselves in this matter and they may be served at 211A Mooredale Road, Carlisle, PA 17015. By the Court, AirAtieriaaw—drif J. Distribution: • c: ate. Dean E. Reynosa, Esquire 26 West High Street rn 3' r, Carlisle, PA 17013 rnr Vvid A. Bell & Patricia D. Bell /Tricia D. Naylor, Esquire -~< R (7) 211A Mooredale Road Baric Scherer LLC ,- �. t Carlisle, PA 17015 19 West South Street c7. ;r t--:. Carlisle, PA 17013 ` r ,---"George Douglas, Esquire ■ 'Michael J. Donnelly&Carol L. Donnelly -- (37 e Salzmann Hughes, PC 209A Mooredale Road 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Carlisle, PA 17015 Randall L. Hock& Loriann S. Hock 213 Mooredale Road Carlisle, PA 17015 ICS /A1I /3 J/3