HomeMy WebLinkAbout12-5842THOMAS WELKER, VANESSA WELKER, .
STEVEN SPISHOCK and KELLY
SPISHOCK,
Plaintiffs
V
STEVEN GALLAGHER, SR., AMANDA
PEZZOTTI and MARION STONEROAD,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
12-5842 CIVIL
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IN RE: REQUEST FOR PRELIMINARY INJUNCTION
ORDER OF COURT
AND NOW, this 8th day of October,
+y C. tU
CD
2012, after hearing
on the above-captioned matter, the plaintiffs having submitted a
Memorandum of Law to the Court, the defendants will be given
until the close of business October 15, 2012, to file responses
if they desire.
By the Court,
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M. L. Ebert, Jr., J.
Daniel L. Sullivan, Esquire
John Feichtel, Esquire
For the Plaintiffs
J Andrew H. Shaw, Esquire
For Defendants Gallagher and Pezzotti
J Michael A. Hynum, Esquire M,ded
For Defendant Stoneroad ?0Ple
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od
THOMAS A. WELKER and VANESSA : IN THE COURT OF COMMON PLEAS OF
J. WELKER, husband and wife, and :CUMBERLAND COUNTY, PENNSYLVANIA
STEVEN V. SPISHOCK and KELLY K.
SPISHOCK, husband and wife
Plaintiffs,
vs. : N0.2012-5842
STEVEN J. GALLAGHER, SR., :CIVIL ACTION -LAW
AMANDA J. PEZZOTTI, and
MARION H. STONEROAD,
Defendants
~
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NOTICE TO PLEAD rn ~ ~' ~
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To: Daniel L. Sullivan, Esquire U' ~ --
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John A. Feichtel, Esquire ~ ~~.., ~'
Todd F. Truntz, Esquire ~'' c-~ ~ r ~'_`•
Saidis, Sullivan & Rogers ~ ~ ca `--'_. `-=
635 North 12th Street, Suite 400 y ~ ca
Lemoyne, PA 17043-1247 `"~' ~
Attorneys for Plaintiffs
You are hereby notified to file a written response to the New Matter that was filed on
November 15, 2012 within twenty (20) days from service hereof or a judgment may be entered
against you.
By:
Sup. Ct. I.D. No. 87371
200 S. Spring Garden St., Suite 11
Carlisle, PA 17013
(717)243-7135
Attorney for Defendants
THOMAS A. WELKER and VANESSA : IN THE COURT OF COMMON PLEAS OF
J. WELKER, husband and wife, and :CUMBERLAND COUNTY, PENNSYLVANIA
STEVEN V. SPISHOCK and KELLY K.
SPISHOCK, husband and wife
Plaintiffs, .
vs, : N0.2012-5842
STEVEN J. GALLAGHER, SR., :CIVIL ACTION -LAW
AMANDA J. PEZZOTTI, and
MARION H. STONEROAD,
Defendants .
DEFENDANTS' STEVEN J. GALLAGHER, SR. AND AMANDA J.
PEZZOTTI ANSWER TO PLAINTIFFS' COMPLAINT, WITH NEW
M A TTF 1?
AND NOW, this L~ day of November, 2012, come the Defendants, Steven J.
Gallagher, Sr. and Amanda J. Pezzottti (hereinafter referred to as "Defendants"), by and through
their attorney, Andrew H. Shaw, Esquire, and file the instant Answer and in support thereof aver
as follows:
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Denied as stated. Exhibit A speaks for itself.
7. Denied as stated. Exhibit A speaks for itself.
8. Paragraph 8 of Plaintiffs' Complaint is a legal conclusion to which no response is required.
To the extent a response is required, Defendants deny as stated. Exhibit B speaks for itself.
1
9. Denied as stated. Exhibit C speaks for itself.
10. Denied as stated. Exhibit C speaks for itself.
11. Paragraph 11 of Plaintiffs' Complaint is a legal conclusion to which no response is required.
12. Denied as stated. Exhibit C speaks for itself.
13. Denied as stated. Exhibit D speaks for itself.
14. Denied as stated. Exhibit E speaks for itself.
15. Denied as stated. Exhibit F speaks for itself.
16. Denied as stated. Exhibit G speaks for itself.
17. Denied as stated. Exhibits E and F speak for themselves.
18. Denied as stated. Exhibit D speaks for itself.
19. Admitted in part and denied in part. It is admitted only that a partially paved, partially gravel
roadway was openly visible and apparent on the ground at the time of the conveyance to
Defendants. Defendants deny any inference that said roadway was aright-of--way. Further,
Defendants deny any statement referencing the contents of deeds and other documents, as
said deeds and documents speak for themselves.
20. Denied as stated. Exhibit D speaks for itself.
21. Denied as stated. Exhibit H speaks for itself.
22. Denied as stated. Exhibit I speaks for itself.
23. Paragraph 23 of Plaintiffs' Complaint is a legal conclusion to which no response is required.
To the extent a response is required, after reasonable investigation, Defendants are without
information or knowledge sufficient to answer the averments made by Plaintiffs in Paragraph
23 of their Complaint until the time Defendants owned their property. During the time
2
Defendants owned their property, it is denied that the Welkers have enjoyed open,
continuous, and uninterrupted use of the alleged right-of--way.
24. Paragraph 24 of Plaintiffs' Complaint is a legal conclusion to which no response is required.
To the extent a response is required, after reasonable investigation, Defendants are without
information or knowledge sufficient to answer the averments made by Plaintiffs in Paragraph
24 of their Complaint until the time Defendants owned their property. During the time
Defendants owned their property, it is denied that the Spishocks have enjoyed open,
continuous, and uninterrupted use of the alleged right-of--way.
25. Paragraph 25 of Plaintiffs' Complaint is a legal conclusion to which no response is required.
26. Admitted in part and denied in part. It is admitted that Defendant Stoneroad has assisted in
restricting access across the private roadway. Defendants deny the existence of any right-of-
way for the benefit of Plaintiffs.
27. After reasonable investigation, Defendants are without information or knowledge sufficient
to answer the averments made by Plaintiffs in Paragraph 27 of their Complaint.
28. After reasonable investigation, Defendants are without information or knowledge sufficient
to answer the averments made by Plaintiffs in Paragraph 28 of their Complaint.
29. After reasonable investigation, Defendants are without information or knowledge sufficient
to answer the averments made by Plaintiffs in Paragraph 29 of their Complaint.
30. Paragraph 30 of Plaintiffs' Complaint is a legal conclusion to which no response is required.
COUNT I -ACTION FOR DECLARATIVE RELIEF
31. No response required.
32. No response required.
33. No response required.
3
WHEREFORE, Defendants request this Honorable Court rule in favor of Defendants and
dismiss Count I of Plaintiffs' Complaint.
COUNT II -PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF
34. No response required.
35. No response required.
36. Denied. It is specifically denied that the alleged Right-of--Way serves as the primary and
most convenient access point for the Plaintiffs to access their properties. Specific proof
thereof is demanded at trial.
37. After reasonable investigation, Defendants are without information or knowledge sufficient
to answer the averments made by Plaintiffs in Paragraph 37 of their Complaint.
38. After reasonable investigation, Defendants are without information or knowledge sufficient
to answer the averments made by Plaintiffs in Paragraph 38 of their Complaint.
39. Admitted in part and denied in part. It is admitted that Plaintiffs' mailboxes sit near the
intersection of the alleged Right-of--Way and Valley Street. Defendants deny any inference
to the legal right of Plaintiffs to the alleged Right-of--Way.
40. After reasonable investigation, Defendants are without information or knowledge sufficient
to answer the averments made by Plaintiffs in Paragraph 40 of their Complaint.
41. After reasonable investigation, Defendants are without information or knowledge sufficient
to answer the averments made by Plaintiffs in Paragraph 41 of their Complaint.
42. After reasonable investigation, Defendants are without information or knowledge sufficient
to answer the averments made by Plaintiffs in Paragraph 42 of their Complaint.
43. Paragraph 43 of Plaintiffs' Complaint is a legal conclusion to which no response is required.
4
44. Paragraph 44 of Plaintiffs' Complaint is a legal conclusion to which no response is required.
45. Paragraph 45 of Plaintiffs' Complaint is a legal conclusion to which no response is required.
46. No response required.
WHEREFORE, Defendants request this Honorable Court rule in favor of Defendants and
dismiss Count II of Plaintiffs' Complaint.
NEW MATTER
47. Defendants incorporate herein by reference all averments of this Answer as if more fully set
forth hereinafter.
48. Plaintiffs' Complaint fails to state any cause of action upon which. relief may be granted.
49. Plaintiffs' claims are barred by the doctrine of unclean hands.
50. To the extent that Plaintiffs have suffered any damage, said damage was caused by Plaintiffs,
and not by the action or inaction of Defendants.
51. Plaintiffs' claims are barred because they have failed to mitigate any damages they may have
suffered.
52. Plaintiffs' claims are barred by the doctrine of estoppel.
53. Plaintiffs' claims are barred by the doctrine of laches.
54. Plaintiffs' claims are barred by the defense of accord and satisfaction.
55. Plaintiffs' claims are barred by the statute of fraud.
56. Plaintiffs' claims are barred by the doctrine of consent.
57. Plaintiffs' claims are barred by the doctrine of duress.
58. Plaintiffs' claims are barred by the doctrine of release.
59. Plaintiffs' claims are barred by the doctrine of waiver.
60. Plaintiffs' claims are barred by the doctrine of res judicata.
5
61. Plaintiffs' claims are barred by the doctrine of collateral estoppel.
62. Plaintiffs' claims are barred for failure of an express easement.
63. Plaintiffs' claims are barred for failure of an implied easement.
64. Plaintiffs' claims are barred for failure of a prescriptive easement.
65. In order to access the alleged Right-of--Way from their respective properties, Plaintiffs must
cross over a public street.
66. Any alleged right to use the private lane was created as an easement by necessity.
67. Any alleged easement by necessity, if any, has since extinguished because the necessity has
ceased to exist.
WHEREFORE, Defendants request this Honorable Court rule in favor of Defendants and
deny Plaintiffs' request for a preliminary injunction.
Date: ~~~ t'.S -- ~~
Respectfully Submit
,~ ^1
sy:
~ridrew H. Shaw, Esquire
Sup. Ct. I.D. No. 87371
200 S. Spring Garden St., Suite 11
Carlisle, PA 17013
(717)243-7135 (phone)
(717) 243-7872 (facsimile)
Attorney for Defendants
6
VERIFICATION
We, Steven J. Gallagher, Sr. and Amanda J. Pezzottti, verify that the statements
made in the attached Answer are true and correct. We understand that false statements
herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn
falsification to authorities.
Date: ~~ ~ ~~
Date: / /~{ 2~/Z
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S even J. Ga agher, Sr.
_. _ ._ _
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Amanda J. Pezz i
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the
following document, Answer to Plaintiffs' Complaint, with New Matter, was served this
date on the below named, by placing same in the United States mail, first-class, postage
prepaid thereon, addressed as follows:
Daniel L. Sullivan, Esquire
John A. Feichtel, Esquire
Todd F. Truntz, Esquire
Saidis, Sullivan & Rogers
635 North 12~' Street, Suite 400
Lemoyne, PA 17043-1247
Attorneys for Plaintiffs
Date: ~~ / <, -- /
Sup. Ct. I.D. No. 87371
200 S. Spring Garden St., Suite 11
Carlisle, PA 17013
(717) 243-7135 (phone)
(717) 243-7872 (facsimile)
Attorney for Defendants
THOMAS A. WELKER AND
VANESSA J. WELKER, h/w AND
STEVEN V. SPISHOCK AND
KELLY K. SPISHOCK h/w
PLAINTIFFS
V.
STEVEN J. GALLAGHER, SR.,
AMANDA J. PEZZOTTI, AND
MARION H. STONEROAD,
DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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NO. 12-5842 CIVIL - .:°- _._
IN RE: PETITION FOR PRELIMINARY INJUNCTIVE RELIEF
ORDER OF COURT
AND NOW, this 29t" day of November, 2012, upon consideration of the Plaintiffs'
Petition for Preliminary Injunctive Relief, the Defendants' Answers thereto, the legal
Memorandums filed by the Parties and after hearing, the Court finds:
1. The requested Preliminary Injunction is not necessary to prevent immediate
and irreparable harm that could not be compensated by damages.
2. Greater injury will not result by refusing to grant the preliminary injunction then
by granting it.
3. The Plaintiffs right to relief is not clear.
Accordingly„ IT IS HEREBY ORDERED AND DIRECTED that the Petition for
Preliminary Injunctive Relief is DENIED. The Parties, after appropriate discovery and
motions, are directed to proceed to trial on Plaintiffs' Complaint seeking declarative and
injunctive relief.
M. L. Ebert, Jr.,
By the Caurt,
Saidis Sullivan and Ro ers -~~
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Attorneys for Plaintiffs n P~~ (~ aq I1~f~
(JD '
/ Michael Hynum, Esquire
Attorney for Defendant Stoneroad
~ Andrew H. Shaw, Esquire
Attorney for Defendants Gallagher and Pezzotti
bas
Daniel L. Sullivan, Esquire
Attorney I.D. No. 34548
SAIDIS SULLIVAN & ROGERS
26 West High Street
Carlisle, PA 17013
Phone: (717) 243-6222
Email: dsullivan~,ssr-attorne sy com
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C~I~ ~~' 30 A~ ~~ ~r
+;~FiBERI.~N~J Cued i '~'
PENNSYl.`!l`~~I~.
Attorneys for Plaintiff
THOMAS A. WELKER and VANESSA J. IN THE COURT OF COMMON PLEAS
WELKER, husband and wife, and CUMBERLAND COUNTY,
STEVEN V. SPISHOCK and KELLY K. :PENNSYLVANIA
SPISHOCK, husband and wife,
NO. 12-5842
Plaintiffs
vs. :CIVIL ACTION
STEVEN J. GALLAGHER, SR. and
AMANDA J. PEZZOTTI and MARION H.
STONEROAD, :
Defendants
PLAINTIFFS' REPLY TO NEW MATTER OF
DEFENDANTS STEVEN J. GALLAGHER, SR. and AMANDA J. PEZZOTTI
AND NOW, come Plaintiffs, by their attorneys, Saidis Sullivan & Rogers, and file the
following Reply to New Matter:
47. Plaintiffs hereby incorporate by reference the averments of paragraphs 1 - 46 of
their Complaint as if set forth in full.
48. The averments of this paragraph constitute conclusions of law to which no
response is required.
49. The averments of this paragraph constitute conclusions of law to which no
response is required.
50. The averments of this paragraph constitute conclusions of law to which no
response is required.
51. The averments of this paragraph constitute conclusions of law to which no
response is required.
52. The averments of this paragraph constitute conclusions of law to which no
response is required.
53. The averments of this paragraph constitute conclusions of law to which no
response is required.
54. The averments of this paragraph constitute conclusions of law to which no
response is required.
55. The averments of this paragraph constitute conclusions of law to which no
response is required.
56. The averments of this paragraph constitute conclusions of law to which no
response is required.
57. The averments of this paragraph constitute conclusions of law to which no
response is required.
58. The averments of this paragraph constitute conclusions of law to which no
response is required.
59. The averments of this paragraph constitute conclusions of law to which no
response is required.
60. The averments of this paragraph constitute conclusions of law to which no
response is required.
61. The averments of this paragraph constitute conclusions of law to which no
response is required.
2
62. The averments of this paragraph constitute conclusions of law to which no
response is required.
63. The averments of this paragraph constitute conclusions of law to which no
response is required.
64. The averments of this paragraph constitute conclusions of law to which no
response is required.
65. Admitted, with the clarification that Plaintiffs deny any implication that they
agree that the Right-of--Way is merely "alleged."
66. The averments of this paragraph constitute conclusions of law to which no
response is required. To the extent a response is required, the averment is denied. On the
contrary, the right of way was created as an easement by implied reservation, not by necessity.
67. The averments of this paragraph constitute conclusions of law to which no
response is required.
WHEREFORE, Plaintiffs request that judgment be entered in their favor as prayed for in
their Complaint.
Respectfully submitted,
SAIDIS SULLIVAN & ROGERS
Dated: N ~ ~ • 3 ~ , 2012 By ~~ ~ ~^"
DANIEL L. SULLIVAN
Attorney I.D. #34548
SAIDIS SULLIVAN & ROGERS
26 West High Street
Carlisle, PA 17013
Phone: (717) 243-6222
Email: dsullivan(a~ssr-attorneys.com
Attorneys for Plaintiffs
3
VERIFICATION
I, Thomas A. Welker, the undersigned, verify and state that the facts set forth in the
foregoing document are true and correct to the best of my knowledge or information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904,
relating to unsworn falsification to authorities.
'~rj,~~r '.'~
Thomas A.
VERIFICATION
I, Steven V. Spishock, the undersigned, verify and state that the facts set forth in the
foregoing document are true and correct to the best of my knowledge or information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904,
relating to unsworn falsification to authorities.
Steven V. Spishock
THOMAS A. WELKER and VANESSA J.
WELKER, husband and wife, and
STEVEN V. SPISHOCK and KELLY K.
SPISHOCK, husband and wife,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 12-5842
Plaintiffs
vs.
CIVIL ACTION
STEVEN J. GALLAGHER, SR. and
AMANDA J. PEZZOTTI and MARION H.
STONEROAD,
Defendants
CERTIFICATE OF SERVICE
I, Daniel L. Sullivan, Esquire, hereby certify that on N ~~. 3 ~ , 2012, I served a
true and correct copy of Plaintiffs' Reply to New Matter by U.S. first class mail, postage prepaid,
addressed as follows:
Andrew H. Shaw, Esquire
200 South Spring Garden Street, Suite 11
Carlisle, PA 17013
Michael A. Hynum, Esquire
Hynum Law
2608 North Third Street
Harrisburg, PA 17110
Respectfully submitted,
SAIDIS, SULLIVAN & ROGERS
Daniel L. Sullivan, Esquire
Attorney I.D. PA 34548
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Counsel for Plaintiffs
~ ~:;~tt ~.,.,..,f, ,..
~~{, nn r
Daniel L. Sullivan, Esquire
Attorney I.D. No. 34548
SAIDIS SULLIVAN & ROGERS
26 West High Street
Carlisle, PA 17013
Phone: (717) 243-6222
Email: dsullivan(a~,ssr-attorneys. com
2~2 ~PO'~ 30 A~9 f(~~ 0~'
f,UMBE~;Lfi~ll~ Gti~~-~~1'
PEN~ISYLV~f~I
Attorneys for Plaintiff
THOMAS A. WELKER and VANESSA J.
WELKER, husband and wife, and
STEVEN V. SPISHOCK and KELLY K.
SPISHOCK, husband and wife,
Plaintiffs
vs.
STEVEN J. GALLAGHER, SR. and
AMANDA J. PEZZOTTI and MARION H.
STONEROAD,
Defendants
CIVIL ACTION
PLAINTIFFS' REPLY TO NEW MATTER OF
DEFENDANT MARION H. STONEROAD
AND NOW, come Plaintiffs, by their attorneys, Saidis Sullivan & Rogers, and file the
following Reply to New Matter:
47. The averments of paragraphs 1- 46 of Plaintiffs' Complaint are hereby
incorporated by reference as if set forth in full.
48. The averments of this paragraph constitute conclusions of law to which no
response is required.
49. The averments of this paragraph constitute conclusions of law to which no
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 12-5842
response is required.
50. The averments of this paragraph constitute conclusions of law to which no
response is required.
51. The averments of this paragraph constitute conclusions of law to which no
response is required.
52. The averments of this paragraph constitute conclusions of law to which no
response is required.
53. The averments of this paragraph constitute conclusions of law to which no
response is required.
54. The averments of this paragraph constitute conclusions of law to which no
response is required.
55. The averments of this paragraph constitute conclusions of law to which no
response is required.
56. The averments of this paragraph constitute conclusions of law to which no
response is required.
57. The averments of this paragraph constitute conclusions of law to which no
response is required.
58. Admitted, with the clarification that Plaintiffs deny any implication that they
agree that the Right-of--Way is merely "alleged."
59. The averments of this paragraph constitute conclusions of law to which no
response is required. To the extent a response is required, the averment is denied. On the
contrary, the right of way was created as an easement by implied reservation, not by necessity.
2
60. The averments of this paragraph constitute conclusions of law to which no
response is required.
WHEREFORE, Plaintiffs demand judgment against Defendants as prayed for in their
Complaint.
Respectfully submitted,
SAIDIS SULLNAN & ROGERS
Dated: N o~. 3 ~ , 2012 By ~ ~-w-''
DANIEL L. SULLIVAN
Attorney I.D. #34548
SAIDIS SULLIVAN & ROGERS
26 West High Street
Carlisle, PA 17013
Phone: (717) 243-6222
Email: dsullivan(a~ssr-attorne~s.com
Attorneys for Plaintiffs
3
VERIFICATION
I, Thomas A. Welker, the undersigned, verify and state that the facts set forth in the
foregoing document are true and correct to the best of my knowledge or information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904,
relating to unsworn falsification to authorities.
.(i
Thomas A. Welker
VERIFICATION
I, Steven V. Spishock, the undersigned, verify and state that the facts set forth in the
foregoing document are true and correct to the best of my knowledge or information and belief.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904,
relating to unsworn falsification to authorities.
Steven V. Spishock
THOMAS A. WELKER and VANESSA J.
WELKER, husband and wife, and
STEVEN V. SPISHOCK and KELLY K.
SPISHOCK, husband and wife,
Plaintiffs
vs.
STEVEN J. GALLAGHER, SR. and
AMANDA J. PEZZOTTI and MARION H.
STONEROAD,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 12-5842
CIVIL ACTION
CERTIFICATE OF SERVICE
I, Daniel L. Sullivan, Esquire, hereby certify that on N dy . 3 ~ , 2012, I served a
true and correct copy of Plaintiffs' Reply to New Matter by U.S. first class mail, postage prepaid,
addressed as follows:
Andrew H. Shaw, Esquire
200 South Spring Garden Street, Suite I1
Carlisle, PA 17013
Michael A. Hynum, Esquire
Hynum Law
2608 North Third Street
Harrisburg, PA 17110
Respectfully submitted,
SAIDIS, SULLIVAN & ROGERS
~ ~.
Daniel L. Sullivan, Esquire
Attorney I.D. PA 34548
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Counsel for Plaintiffs
LAW OFFICE OFANDREWH. SHAW, P.C.
Andrew H. Shaw,Esquire
ID. No. 87371
200 S. Spring Garden Street, Suite I I Attorney for Defendants
Carlisle, PA 17013 Steven J. Gallagher, Sr. and
(717) 243-7135 Amanda J. Pezzotti
THOMAS A. WELKER and VANESSA : IN THE COURT OF COMMON PLEAS OF
J. WELKER, husband and wife, and : CUMBERLAND COUNTY, PENN MANIA
STEVEN V. SPISHOCK and KELLY K. ZZ
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SPISHOCK, husband and wife rn r'l
Plaintiffs, -tr-
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VS. NO. 2012-5842 -pct
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STEVEN J. GALLAGHER, SR., CIVIL ACTION—LAW
AMANDA J. PEZZOTTI, and
MARION H. STONEROAD,
Defendants
CERTIFICATE PREREQUISITE TO SERVICE OF SUBPOENAS
PURSUANT TO RULE 4009.22
As a prerequisite to service of subpoenas for documents and things pursuant to Rule
4009.22, Plaintiffs, Steven J. Gallagher, Sr., Amanda J. Pezzotti, and Marion H. Stoneroad,
certify that:
1. A Notice of Intent to Serve Subpoenas with a copy of the Subpoenas attached
thereto was mailed or delivered to each party on or about March 15, 2013,to serve Subpoenas
upon the following: Daniel L. Sullivan, Esquire, Attorney for Plaintiffs, and Michael A. Hynum,
Esquire, Attorney for Defendant Marion Stoneroad.
2. A true and correct file copy of the Notice of Intent, including a copy of the
proposed Subpoenas, is attached to this Certificate.
3. The Twenty(20) day notice requirement to serve these Subpoenas has passed, and
no objections have been raised.
4. The Subpoenas which will be served are identical to the Subpoenas attached to
the Notice of Intent.
Respectfully submitted,
Date: q
By:
Andrew H. Shaw, Esquire
Pa. Supreme Ct. I.D. No. 87371
200 S. Spring Garden St., Suite 11
Carlisle, PA 17013
717-243-7135
Attorney for Defendants,
Steven J. Gallagher, Sr. and
Amanda J. Pezzotti
LAW OFFICE OFANDREW H. SHAW,P.C.
Andrew H. Shaw,Esquire
ID.No. 87371
200 S. Spring Garden Street, Suite 11 Attorney for Defendants
Carlisle, PA 17013 Steven J. Gallagher, Sr. and
(717) 243-7135 Amanda J. Pezzotti
THOMAS A. WELKER and VANESSA : IN THE COURT OF COMMON PLEAS OF
J. WELKER, husband and wife, and : CUMBERLAND COUNTY, PENNSYLVANIA
STEVEN V. SPISHOCK and KELLY K.
SPISHOCK, husband and wife
Plaintiffs, .
VS. : NO. 2012-5842
STEVEN J. GALLAGHER, SR., : CIVIL ACTION—LAW
AMANDA J. PEZZOTTI, and
MARION H. STONEROAD, .
Defendants
NOTICE OF INTENT TO SERVE SUBPOENAS TO
PRODUCE DOCUMENTS AND THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.21
TO: Daniel L. Sullivan, Esquire
Saidis Sullivan &Rogers
26 West High Street
Carlisle, PA 17013
Attorney for Plaintiffs
Michael A. Hynum, Esquire
Hynum Law
2608 N. Third Street
Harrisburg, PA 17110
Attorney for Defendant Marion Stoneroad
Defendants, Steven J. Gallagher, Sr. and Amanda J. Pezzotti, intend to serve a subpoena upon
the following entity, identical to the one attached to this Notice:
East Pennsboro Township, Township Municipal Building, 98 South Enola Drive, Enola,
PA 17025
You have twenty (20) days from the date listed below in which to file of record and serve
upon the undersigned objections to the subpoena. If no objections are made, the subpoenas will
be served.
Respectfully submitted,
Date: S--�`� 1� By:
Andrew H. Shaw, Esquire
Pa. Supreme Ct. I.D. No. 87371
200 S. Spring Garden St., Suite 11
Carlisle, PA 17013
717-243-7135
Attorney for Defendants,
Steven J. Gallagher, Sr. and
Amanda J. Pezzotti
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire,hereby certify that I have this day served a true and correct
copy of the foregoing Notice of Intent To Serve Subpoenas To Produce Documents and Things
For Discovery Pursuant to Rule 4009.2 1, upon the following person(s) by first class mail,
postage prepaid and addressed as follows:
Daniel L. Sullivan, Esquire
Saidis, Sullivan & Rogers
26 West High Street
Carlisle, PA 17013
Attorneys for Plaintiffs
Michael A. Hynum, Esquire
Hynum Law
2608 N. Third Street
Harrisburg, PA 17110
Attorney for Defendant Marion Stoneroad
Respectfully submitted,
Date: By: �'�` ,
Andrew H. Shaw, Esquire
200 S. Spring Garden St., Suite 11
Carlisle, PA 17013
(717) 243-7135
THOMAS A.WELKER and VANESSA : IN THE COURT OF COMMON PLEAS OF
J.WELKER,husband and wife,and : CUMBERLAND COUNTY,PENNSYLVANIA
STEVEN V. SPISHOCK and KELLY K.
SPISHOCK,husband and wife
Plaintiffs,
VS. NO.2012-5842
STEVEN J.GALLAGHER,SR., CIVIL ACTION—LAW
AMANDA J.PEZZOTTI,and
MARION H.STONEROAD,
Defendants
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS FOR
DISCOVERY PURSUANT TO RULE 4009.22
TO: East Pennsboro Township,98 South Enola Drive,Enola,PA 17025
(Name of Person or Entity)
Within twenty(20)days after service of this subpoena,you are ordered by the court to produce the
following documents or things:
Any and all records,notes,reports,notices or correspondence to or from Thomas A.Welker,Vanessa J.
Welker, Steven V. Spishock,or Kelly K. Spishock,or related to the properties with an address of 799
Valley Street,Enola,PA or 799A Valley Street,Enola,PA,including but not limited to the modification
or change of property or post office address for said properties.
at Law Office of Andrew H. Shaw,P.C., 200 S. Spring Garden St., Suite 11,Carlisle,PA 17013
(Address)
You may deliver or mail legible copies of the documents or produce things requested by this subpoena,
together with the certificate of compliance,to the party making this request at the address.listed above. You
have the right to seek in advance the reasonable cost of preparing the copies or producing the things sought.
If you fail to produce the documents or things required by this subpoena within twenty(20)days after
its service,the party serving this subpoena may seek a court order compelling you to comply with it.
THIS SUBPOENA WAS ISSUED AT THE REQUEST OF THE FOLLOWING PERSON:
NAME: Andrew H. Shaw,Esquire
ADDRESS: 200 S Spring Garden St.
Carlisle,PA 17013
TELEPHONE: 717-243-7135
SUPREME COURT ID# 87371
ATTORNEY FOR: Steven J. Gallagher, Sr.
And Amanda J. Pezzotti
BY THE COURT:
Prothonotary,Civil Division
Date:
Seal of the Court Deputy
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, hereby certify that I have this day served a true and correct
copy of the foregoing Certificate Prerequisite To Serve Subpoenas Pursuant to Rule 4009.21,
upon the following person(s) by first class mail,postage prepaid and addressed as follows:
Daniel L. Sullivan, Esquire
Saidis Sullivan &Rogers
26 West High Street
Carlisle, PA 17013
Attorney for Plaintiffs
Michael A. Hynum, Esquire
Hynum Law
2608 N. Third Street
Harrisburg, PA 17110
Attorney for Defendant Marion Stoneroad
Respectfully submitted,
Date: ��- �� By:
drew H. Shaw, Esquire
200 S. Spring Garden St., Suite 11
Carlisle, PA 17013
(717)243-7135
Michael A Hynum, Esquire
Supreme Court ID #85692
Hynum Law
2608 North 3rd Street
Harrisburg, PA 17110
717-774-1357
1HE PROTHOIsIOTAi-',Y
20Iff MAR -5 MI 10: 53
CUMBERLAND COUNTY
PENNSYLVANIA
THOMAS A. WELKER and VANESSA
J. WELKER, husband and wife,
STEVEN V. SPISHOCK and KELLY K.
SPISHOCK, husband and wife,
Plaintiffs
V.
STEVEN J. GALLAGHER, SR., and
AMANDA J. PEZZOTTI and MARION
H. STONEROAD,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 12-5842-CV
CIVIL ACTION
PETITION FOR LEAVE TO WITHDRAW AS COUNSEL
1 Petitioner is Michael A, Hynum, Esquire whose principal place of
business is Hynum Law, 2608 North 3rd Street, Harrisburg, Pennsylvania 17110.
2. Respondent is Marion Stoneroad, an adult individual residing at 251
Belle Vista Drive, Marysville, PA 17053.
3. On or about October 4, 2012, Marion Stoneroad signed an engagement
letter, confirming Petitioner's representation of his interests in regard to the above
docket.
4. Subsequent to that time, Petitioner acted as legal counsel on behalf of
Defendant Stoneroad.
5. Defendant Stoneroad has informed Plaintiff that he no longer wishes
to have him involved in her case as legal counsel.
WHEREFORE, Petitioner respectfully requests that this Honorable Court
grant him leave to withdraw as counsel for Defendant Marion Stoneroad in the
above-captioned matter.
I g �i. _ JLL4L4L
1Vic,ael A Hynul�', Ir sq .'re
Supreme Court ID • 856.2
Hynum Law
2608 North 3rd Street
Harrisburg, PA 17110
Date: March 4, 2014
CERTIFICATE OF SERVICE
I certify that the foregoing PETITION FOR LEAVE TO WITHDRAW AS
COUNSEL was served upon the following individuals by placing the same in the
United States mail, first class, postage prepaid, addressed as follows:
Daniel L. Sullivan, Esquire
Saidis, Sullivan & Rogers
26 West High Street
Carlisle, PA 17013
Marion Stoneroad
251 Belle Vista Drive
Marysville, PA 17053
Date: March 4, 2014
Andrew H. Shaw, Esquire
200 S. Spring Garden Street, Suite 11
Carlisle, PA 17013
HYNUM LAW,
By.
Angela A. el y, Para ega
THOMAS A. WELKER and VANESSA
J. WELKER, husband and wife,
STEVEN V. SPISHOCK and KELLY K.
SPISHOCK, husband and wife,
Plaintiffs
v.
STEVEN J. GALLAGHER, SR., and
AMANDA J. PEZZOTTI and MARION
H. STONEROAD,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 12-5842-CV
CIVIL ACTION
RULE
h
ti AND NOW, this _ day of March, 2014, a Rule is issued upon Marion
Stoneroad. to show cause, if any he has, why the relief requested in the attached
PETITION FOR LEAVE TO WITHDRAW AS COUNSEL should not be granted.
RULE RETURNABLE 1° days from the date of service hereof.
BY THE COURT:
Distribution:
./ chael A. Hynum, Esquire, 2608 N. 31'd Street, Harrisburg, PA 17110
niel L. Sullivan, Esquire, 26 West High Street, Carlisle, PA 17013
Iiew H. Shaw, Esquire, 200 S. Spring Garden Street, Carlisle, PA 17013
arion Stoneroad, 251 Belle Vista Drive, Marysville, PA 17053
,es. ralLC,
.3PoM
Michael A Hynum, Esquire
Supreme Court ID #85692
Hynum Law
2608 North 3rd Street
Harrisburg, PA 17110
717-774-1357
, HQNO TA
2014 APR -2 PH 1: 58
CUMBERLAND COUNTY
PENNS YL VANIA
THOMAS A. WELKER and VANESSA
J. WELKER, husband and wife,
STEVEN V. SPISHOCK and KELLY K.
SPISHOCK, husband and wife,
Plaintiffs
v.
STEVEN J. GALLAGHER, SR., and
AMANDA J. PEZZOTTI and MARION
H. STONEROAD,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 12-5842-CV
CIVIL ACTION
MOTION TO MAKE RULE ABSOLUTE
AND NOW COMES, Michael A. Hynum, Esquire and Hynum Law, P.C., who
respectfully requests that this Honorable make the Rule issued on March 7, 2014
absolute and in support thereof, avers as follows:
1. On March 5, 2014, Michael A. Hynum, Esquire filed a Petition for
Leave of Court to Withdraw as Counsel for Defendant Marion H. Stoneroad.
2. On March 7, 2014, the Honorable M.L. Ebert, Jr. entered a Rule to
Show Cause upon Marion H. Stoneroad to show why the relief requested in the
Petition should not be granted. The Rule was returnable twenty (20) days from
service.
3. The undersigned served the Rule upon the Defendant Marion
Stoneroad on March 11, 2014 via first class mail, postage pre -paid.
4. Defendant Marion Stoneroad did not file a response to the Rule issued
by Judge Ebert.
WHEREFORE, Petitioner, Michael A. Hynum, Esquire respectfully requests
this Honorable Court make the Rule absolute and grant the Petition for Leave of
Court to Withdraw as Counsel .
l�
Michael A Hyn I, Esquire
Supreme Court #85692
Hynum Law
2608 North 3rd Street
Harrisburg, PA 17110
Date: April 1, 2014
CERTIFICATE OF SERVICE
I certify that the foregoing Motion to Make Ruloe Absolute was served upon
the following individuals by placing the same in the United States mail, first class,
postage prepaid, addressed as follows:
Daniel L. Sullivan, Esquire
Saidis, Sullivan & Rogers
26 West High Street
Carlisle, PA 17013
Marion Stoneroad
251 Belle Vista Drive
Marysville, PA 17053
B
Date: April 1, 2014
Andrew H. Shaw, Esquire
200 S. Spring Garden Street, Suite 11
Carlisle, PA 17013
:
HYNUM LAW,
Angela A. Ke ly, Paralegal
THOMAS A. WELKER and VANESSA
J. WELKER, husband and wife,
STEVEN V. SPISHOCK and KELLY K.
SPISHOCK, husband and wife,
Plaintiffs
v.
STEVEN J. GALLAGHER, SR., and
AMANDA J. PEZZOTTI and MARION
H. STONEROAD,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 12-5842-CV
CIVIL ACTION
ORDER
•
AND NOW, this q day of April 2014, as Defendant Marion Stoneroad has
not responded to the Rule issued on March 7, 2014, it is hereby ORDERED that
Michael A. Hyum, Esquire and Hynum Law shall be granted leave to withdraw as
counsel for Defendant Marion Stoneroad.
4 •
Distribution:
BY THE COURT:
./..Michael A. Hynum, Esquire, 2608 N. 3rd Street, Harrisburg, PA 17110
L. Sullivan, Esquire, 26 West High Street, Carlisle, PA 17013
.....„..Andrew H. Shaw, Esquire, 200 S. Spring Garden Street, Carlisle, PA 17013
,,Marion Stoneroad, 251 Belle Vista Drive, Marysville, PA 17053
HYNUM LAW
Michael A Hynum, Esquire
Supreme Court ID #85692
2608 North 3rd Street
Harrisburg, PA 17110
717-774-1357
04 fpR �2
PENNS Y1.1/ A NIA
THOMAS A. WELKER and VANESSA
J. WELKER, husband and wife,
STEVEN V. SPISHOCK and KELLY K.
SPISHOCK, husband and wife,
Plaintiffs
v.
STEVEN J. GALLAGHER, SR., and
AMANDA J. PEZZOTTI and MARION
H. STONEROAD,
Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 12-5842-CV
CIVIL ACTION
PRAECIPE TO WITHDRAW
TO THE PROTHONOTARY:
Please withdraw the appearance of Michael A. Hynum, Esquire and Hynum
Law as counsel for Defendant, Marion H. Stoneroad in the above-captioned matter.
HYNUM LAW
ichael A Hynum, + uire
Supreme Court ID .92
2608 North 3rd Street
Harrisburg, PA 17110
Date: April 21, 2014
CERTIFICATE OF SERVICE
I certify that the foregoing Praecipe to Withdraw was served upon the
following individuals by placing the same in the United States mail, first class,
postage prepaid, addressed as follows:
Daniel L. Sullivan, Esquire
Saidis, Sullivan & Rogers
26 West High Street
Carlisle, PA 17013
Marion Stoneroad
251 Belle Vista Drive
Marysville, PA 17053
Date: April 21, 2014
Andrew H. Shaw, Esquire
200 S. Spring Garden Street, Suite 11
Carlisle, PA 17013
By:
HYNUM LAW,
Angela A. Ke y, Paralegal
PRAECIPE FOR LISTING CASE FOR NON JURY TRIAL
(Must be typewritten and submitted in triplicate)
TO THE PROTHONOTARY OF CUMBERLAND COUNTY
Please list the following case._ for a TRIAL WITHOUT A JURY. __.....
CAPTION OF CASE
jentire caption must be stated in full]
Thomas A. Welker and Vanessa J. Welker,
husband and wife, and Steven V. Spishock
and Kelly K. Spishock, husband and wife
(Plaintiff)
vs.
Steven J. Gallagher, Sr. and Amanda J.
Pezzotti and Marion H. Stoneroad
(Defendant)
vs.
(check one)
Civil Action - Law
❑ Appeal from arbitration
(other)
No. 12 -5842 Civil Term
Indicate the attorney who will try case for the party who files this praecipe:
Daniel L. Sullivan for Plaintiffs
Indicate trial counsel for other parties if known:
Andrew H. Shaw for Steven J. Gallagher, Sr. and Amanda J. Pezzotti
Marion H. Stoneroad, pro se
This case is ready for trial. Signed: Print Name: Name: Daniel L. Sullivan
Date: April 25, 2014 Attorney for: Plaintiff
Sv.r(
3,L/9
CERTIFICATE OF SERVICE
I hereby certify that on this 25th day of April, 2014, a true and correct copy of the
foregoing document was served upon the parties listed below, via First Class Mail, postage
prepaid, addressed as follows:
Andrew H. Shaw, Esquire
200 South Spring Garden Street, Suite 11
Carlisle, PA 17013
Marion H. Stoneroad
801 Valley Street
Eno la, PA 17025
SAIDIS, SULLIVAN & ROGERS
Daniel L. Sullivan, Esquire
Attorney Id. 34548
26 West High Street
Carlisle, PA 17013
717-243-6222
THOMAS A. WELKER AND VANESSA
J. WELKER, AND STEVEN V.
SPISHOCK AND KELLY K SPISHOCK,
Plaintiffs
v.
STEVEN J. GALLAGHER, SR., AND
AMANDA J. PEZZOTTI AND
MARION H. STONEROAD
Defendants
IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
2012-05842 CIVIL TERM
CIVIL ACTION LAW
IN RE: NON -JURY TRIAL SCHEDULING
ORDER OF COURT
AND NOW, this 3rd day of July 2014, upon receipt of Plaintiff's Praecipe for
Listing Case for Trial, the following scheduling order is entered:
1. A pretrial conference in the above matter is scheduled for Friday,
12 September 2014 at 9:00 a.m., in Courtroom Number Six of the Cumberland
County Courthouse, Carlisle, Pennsylvania.
2. Counsel shall submit a pretrial memorandum, in accordance with
Cumberland County Rule of Procedure Number 212-4, at least five days prior
to the pretrial conference.
3. A Non -Jury Trial in the above matter is scheduled for Wednesday, 23
September 2014 at 9:30 a.m., in Courtroom Number Six, of the Cumberland
County Courthouse, Carlisle, Pennsylvania.
Thoma' A . Placey, C.P.J.
Distribution:
aniel L. Sullivan, Esq.
ndrew H. Shaw, Esq.
fii arion H. Stoneroad, pro se
Court Administration
THOMAS A. WELKER AND VANESSA
J. WELKER, AND STEVEN V.
SPISHOCK AND KELLY K SPISHOCK,
Plaintiffs
v.
STEVEN J. GALLAGHER, SR., AND
AMANDA J. PEZZOTTI AND
MARION H. STONEROAD
Defendants
IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
2012-05842 CIVIL TERM
CIVIL ACTION LAW
IN RE: AMENDED NON -JURY TRIAL SCHEDULING
ORDER OF COURT
AND NOW, this 9th day of July 2014, the Non -Jury Trial in the above matter is
scheduled for Wednesday, 24 September 2014 at 9:30 a.m., in Courtroom Number
,_'4
Six, of the Cumberland County Courthouse, Carlisle, Pennsylvania.
DJi ribution:
✓Daniel L. Sullivan, Esq.
drew H. Shaw, Esq.
.....-ftThrion H. Stoneroad, pro se
Court Administration .. (v.C..i;JVLE—
77/iq
Cep/ Lf -c(
Thoma A. C.P.J.
1J
-
fp, CO
`M
CD
THOMAS A. WELKER and
VANESSA J. WELKER,
husband and wife, and
STEVEN V. SPISHOCK and
KELLY K. SPISHOCK,
husband and wife,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
. CUMBERLAND COUNTY, PENNSYLVANIA
THE NINTH JUDICIAL DISTRICT
V C r..�
CIVIL ACTION - LAW
STEVEN J. GALLAGHER, SR., : 12-5842 CIVIL TERM rico c,-, "1_
M rri
and AMANDA J. PEZZOTTI and: z -to -�
MARION H. STONEROAD, wr- _ t-�:
Defendants r-= --ter_.::
.cam 701, rr-:7
:--
IN RE: PRETRIAL CONFERENCE `� --
ORDER OF COURT
AND NOW, this 12th day of September, 2014, a
pretrial conference in this civil action was held in Courtroom
Number 6. Present on behalf of Plaintiff was Daniel L. Sullivan,
Esquire. Present on behalf of Defendants Gallagher and Pezzotti
was Andrew H. Shaw, Esquire, and present pro se was Marion H.
Stoneroad.
This civil action arises over a real property
dispute on Valley Road in Enola, East Pennsboro Township,
Cumberland County, Pennsylvania. The outstanding issues
identified at the pretrial conference were:
1. The ability of Steven J. Gallagher to
testify, the availability of Joyce Castle to appear and identify
letters she issued as part of her position with East Pennsboro
Township, and a supplemental curriculum vitae for Plaintiffs'
expert witness. In all of these matters the parties are given
until the 19th of September, 2014, to resolve amongst themselves
either by stipulation or by supplemental submission to the Court.
A status hearing on these outstanding issues is
scheduled for noon on the 19th of September, 2014, in Courtroom
Number 6 of the Cumberland County Courthouse. This status
meeting is specially set, and will be used only if the parties
have not come to some agreement as to these outstanding issues
prior to that time.
The trial is scheduled to begin on the 24th of
September, 2014, at 9:30 a.m., in Courtroom Number 6 of the
Cumberland County Courthouse.
It does not appear to the Court that this case
will be resolved amicably short of the scheduled bench trial.
By the Cou
Thomas A. Placey C.P.J.
niel L. Sullivan, Esquire
26 West High Street
Carlisle, PA 17013
drew H. Shaw, Esquire
200 S. Spring Garden Street
Suite 11
Carlisle, PA 17013
...‹rion H. Stoneroad
801 Valley Street
Enola, PA 17025
:mae-
C1cIpees friE24tila
94- iq
THOMAS A. WELKER AND VANESSA > �,n
J. WELKER, AND STEVEN V.
SPISHOCK AND KELLY K SPISHOCK,
Plaintiffs^ IN THE COURT OF COMMON PLEAS
OF THE NINTH JUDICIAL DISTRICT
V.
STEVEN J. GALLAGHER, SR., AND 2012-05842 CIVIL TERM
AMANDA J. PEZZOTTI AND
MARION H. STONEROAD, CIVIL ACTION LAW
Defendants
IN RE: NON-JURY TRIAL VERDICT
ORDER OF COURT
AND NOW, this 14th day of October 2014, following a Non-Jury Trial held on 24
September 2014, it is ORDERED as follows:
1. The farm road easement at issue is DECLARED to be a valid, existing,
perpetual easement created by an implied reservation, running with the land,
and burdening the properties of Defendants Gallagher, Pezzotti, and
Stoneroad, their respective heirs, executors, assigns and successors In title
and benefitting the properties of Plaintiffs Welker And Spishock, their
respective heirs, executors, assigns and successors in title. The center-line
of this farm road easement is the common property line between the
properties of Steven J. Gallagher, Sr., and Amanda J. Pezzotti with the
property of Marion H. Stoneroad running between Valley Street and
Woodmyre Lane in East Pennsboro Township, Pennsylvania, as described in
Deed Book Z, Volume 21, Page 316, Office of the Records of Deeds for
Cumberland County, Pennsylvania, to wit:
TOGETHER with a Right-of-Way over nine (9) foot wide dirt lane across
Property of the Grantors herein. Said dirt land leading from L.R. 21051
(Valley Street) to the wooden bridge mentioned herein, a distance of four
hundred sixty-eight (468) feet, more or less. This Right-of-Way shall be for
purposes of ingress and egress and is given to the Grantees herein, their
heirs, executors, and assigns. The Grantors herein reserve unto themselves
the use for ingress and egress over a nine (9) foot wide dirt lane along the
western boundary of the land herein conveyed in common with the Grantees
herein for distance of three hundred forty-five (345) feet, from the wooden
bridge mentioned herein to the northern boundary of the property herein
conveyed. For location of these Right-of-Way see the aforesaid survey of
William E. Sees, Jr.
3. Defendants are hereby permanently enjoined from obstructing or interfering in
any manner with Plaintiffs' use of this easement for ingress and egress.
4. The erroneous and supported finding of East Pennsboro Township that
Plaintiffs' "driveway" has been properly taken is deemed INVALID.
5. The Prothontary is DIRECTED to cause a certified copy of this Order to be
recorded in the Grantor Index of the Office of the Recorder of Deeds for
Cumberland County, Pennsylvania, Indexed in the names of:
a) Thomas A. and Vanessa J. Welker;
b) Steven V. and Kelly K. Spishock;
c) Steven J. Gallagher, Sr. and Amanda J. Pezzotti;
d) Marion H. Stoneroad.
YT O '
Tho P C.P.J.
Distribution: `P), � 'd
,—Daniel L. Sullivan, Esq.
A�Nnoa Nd �swnO
Andrew H. Shaw, Esq. L£ ,g W
----Marion H. Stoneroad, pro se
/ Iy