HomeMy WebLinkAbout12-6961
MATTHF,W M. SETLEY, ESQUIRE c i _: ~ ..
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PENNSYLVANIA BAR ID # 309183 ~
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DISTRICT OF COLUMBIA BAR ID # 1000986 ,
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GEORGEADIS II SETLEY
Four Park Plaza, Second Floor ~• ~„ ~, -- . , , ,, _
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Wyomissing, Pennsylvania 196io ,
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Attorney for the Plaintiff
LITTLE KING'S CAP HUNTING .
AND FISHING LODGE, INC. IN THE COURT OF COMMON PLEAS
PLAINTIFF OF CUMBERLAND COUNTY, PENNA.
v CIVIL ACTION -LAW
RYAN C. CRIM and
LAURA E. CRIM NO. I ~- ~~ ~.I ~ V l 1
DEFENDANTS ASSIGNED:
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY:
Kindly issue Summons in civil action in the above case against Defendant and forward to
the Sheriff of Berks County.
Date: November i4, 2oi2
Wyomissing, Pennsylvania ig6io S
abT ,`1S 0.
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WRIT OF SUMMONS ~~ Sly
To: RYAN C. CRIM AND LAURA E. CRIM
970 Pine Road
Carlisle, PA 17015-9373
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YOU ARE HEREBY NOTIFIED THAT, LITTLE KING'S CAP HUNTING AND FISHING
LODGE, INC., THE ABOVE-REFERENCED PLAINTIFF, HAS COMMENCED AN ACTION
AGAINST YOU.
DATE: ~ By:
Dep~.~o,,.¢..~,
Prothonotary of Cumberlan County
VERIFICATION
I, Matthew M. Setley, Esq., hereby verify that I am counsel for Little King's Cap Hunting
and Fishing Lodge, Inc., and in that capacity, aver that the facts set forth in the attached Praecipe
for Writ of Summons, are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904
relating to unsworn falsification to authorities.
DATE: November 14, 2012
MATTHEW M. SETLEY, ESQUIRE
PENNSYLVANIA BAR ID # 309183
DISTRICT OF COLUMBIA BAR ID # 1000986
GEORGEADIS II SETLEY
Four Park Plaza, Second Floor
Wyomissing, Pennsylvania 19610
LITTLE KING'S CAP HUNTING
AND FISHING LODGE, INC.
PLAINTIFF
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
v' CIVIL ACTION -LAW
RYAN C. CRIM and _ J
LAURA E. CRIM NO. ~ a,, ~/ C~ ~ C, /~
DEFENDANTS ASSIGNED:
CERTIFICATE OF ADDRESSES
I, Matthew M. Setley, Esq., hereby verify that the addresses of the parties to this civil
action are as follows:
Plaintiff:
Matthew M. Setley, Esq.
4 Park Plaza, 2"d Floor
Wyomissing, PA 19610
Defendants:
Ryan C. Crim and Laura E. Crim
970 Pine Road
Carlisle, PA 17015-9373
Date: November 14, 2012
for the Plaintiff
GEORGEADIS II LEY
Four Park Plaza, Second Floor
Wyomissing, Pennsylvania 19610
Respectfully Submitted:
LITTLE KINGS GAP HUNTING
AND FISHING LODGE, INC.
PLAINTIFF
VS.
RYAN C. CRIM AND
LAURA E. CRIM
DEFENDANTS
TO THE PROTHONOTARY:
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
CIVIL ACTION -LAW
NO. 12-6961 CIVIL
ASSSIGNED:
PRACIPE
Please enter my appearance on behalf of Defendants, Ryan C. Crim and Laura E.
Crim, in the above captioned matters.
Respectfully Submitted,
DATE: J ~ I t °t (~ d--
C 3 ^r.? i.
iffie, Esquire -~~ ~ ,~`'
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torney for Defendants
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Attorney ID#34349 ~ ~ ~c ~ ~;
GRIFFIE & ASSOCIATES, P.C. ~ `~' ° ~ ;
200 North Hanover Street ~ c ~ ~
Carlisle, PA 17013 ? ~ .. ~ ~
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(717) 243-5551 ~ _~ ~
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(800) 347-5552 ~; ~ ~`'
SHERIFF'S OFFICE OF CUMBERLAND CCC~:~INTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
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212 N~~ 27 APB i I ~ 54
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wE~NSY~v~r~ra
Little King's Cap Hunting and Fishing Lodge, Inc. Case Number
vs. 2012-6961
Ryan Crim (et al.)
SHERIFF'S RETURN OF SERVICE
11/16/2012 09:45 AM -Deputy William Cline, being duly sworn according to law, served the requested Writ of
Summons by "personally" handing a true copy to a person representing themse ves to be the Defendant,
to wit: Laura E Crim at 970 Pine Road, Dickinson Twp, Carlisle, PA 17015
LIAM CLI E, D UTY
11/16/2012 09:45 AM -Deputy William Cline, being duly sworn according to law, served the requested Writ of
Summons by handing a true copy to a person representing themselves to be Laura Crim, Wife, who
accepted as "Adult Person in Charge" for Ryan Crim at 970 Pine Road, Dickinso Twp, Carlisle, PA
17015.
LIAM CLINE, DEPUTY
SHERIFF COST: $44.45
November 21, 2012
SO ANSWERS,
y C~d^^""
RON R ANDERSON, SHERIFF
c; C~ uN.ySuitr Shernii Tel=rsort. In:
tOd
J -
MATTHEW M.SETLEY,ESQUIRE
PENNSYLVANIA BAR ID #309183
DISTRICT OF COLUMBIA BAR ID# 1000986
GEORGEADIS II SETLEY
Four Park Plaza, Second Floor
Wyomissing, Pennsylvania 19610 Attorney for the Plaintiff
LITTLE KINGS GAP HUNTING IN THE COURT OF COMMON PLEAS
AND FISHING LODGE, INC. OF CUMBERLAND COUNTY, PENJLA.
PLAINTIFF = ='
v. CIVIL ACTION- LAW -r�
rn c". c.
RYAN C. CRIM, z cr
LAURA E. CRIM AND • w Q
THE NATURE CONSERVANCY • e
DEFENDANTS NO. 12-6961 /
ASSIGNED: •• :
csz
TO: RYAN C. CRIM TO: THE NATURE CONSERVANCY -�
AND LAURA E. CRIM 1090 Vermont Avenue, NW
c/o Bradley L. Griffie, Esquire Washington, District of Columbia
Griffie &Associates, P.C. 20005
200 North Hanover Street
Carlisle, Pennsylvania 17013
You have been sued in court. If you wish to defend against the claims set forth in the
following pages,you must take action within twenty(20) days after this complaint and
notice are served,by entering a written appearance personally or by attorney and filing
in writing with the court your defenses or objections to the claims set forth against you.
You are warned that if you fail to do so the case may proceed without you and a
judgment may be entered against you by the court without further notice for any money
claimed in the complaint or for any other claim or relief requested by the 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, Pennsylvania
Tel. 717-249-3166
A �
MATTHEW M. SETLEY,ESQUIRE
PENNSYLVANIA BAR ID#309183
DISTRICT OF COLUMBIA BAR ID # 1000986
GEORGEADIS II SETLEY
Four Park Plaza, Second Floor
Wyomissing, Pennsylvania 19610 Attorney for the Plaintiff
LITTLE KINGS GAP HUNTING IN THE COURT OF COMMON PLEAS
AND FISHING LODGE, INC. • OF CUMBERLAND COUNTY, PENNA.
PLAINTIFF
v. • CIVIL ACTION- LAW
RYAN C. CRIM,
LAURA E. CRIM AND
THE NATURE CONSERVANCY
DEFENDANTS • NO. 12-6961
•
ASSIGNED:
COMPLAINT
And now, plaintiff, Little Kings Gap Hunting and Fishing Lodge, Inc., comes
before this honorable Court,by and through counsel, Matthew M. Setley, Esquire,
praying that said Court grant the relief herein requested and averring to the Court, in
support of said relief,the factual and legal underpinnings recited herein.
1. Plaintiff, Little Kings Gap Hunting and Fishing Lodge, Inc., is a Pennsylvania
non-profit corporation, with an address of 32 E. Lancaster Avenue, Shillington,
Pennsylvania 19607 (hereinafter"Plaintiff"). Plaintiff is the owner of, inter alia, of a
tract of land, identified as No. o8-12-o336-o53B by the Cumberland County Assessment
Office,located contiguous to the South of Defendants Ryan C. Crim and Laura E. Crim's
property,which is identified more specifically in Paragraph 2 herein. Plaintiffs property
is hereinafter referenced as the "Dominant Estate."The 2001 deed, granting the
Dominant Estate to Plaintiff, is attached hereto as Exhibit A.
2. Defendants Ryan C. Crim and Laura E. Crim, are a resident of 970 Pine Road,
Carlisle, Pennsylvania 17015 (hereinafter"Crim Defendants"). Crim Defendants are the
grantees named in a deed dated July 30, 2010, and filed on August 3, 2010, in the
records of Cumberland County, Pennsylvania, purporting to convey from the grantors
therein, Kenneth R. Bupp and Stanley A. Bupp the real property described therein.The
Deed from Kenneth R. Bupp and Stanley A. Bupp to Crim Defendants is attached hereto
as Exhibit B;the same contains the legal description of the Defendants' property(said
Deed is hereinafter referenced as the"Deed"). In addition,purported to be conveyed by
the Deed is an access easement to the Crim Defendants' Property on lands then of
William E. DeMuth (the"DeMuth Right of Way"). The Crim Defendants' Property,
including the DeMuth Right of Way,is hereinafter referenced as the"Crim Servient
Estate."
3.The Crim Defendants' Servient Estate is immediately adjacent and contiguous
on the North to the Plaintiffs Dominant Estate.
4. Defendant The Nature Conservancy is a District of Columbia non-profit
corporation,with a registered address of 1090 Vermont Avenue, NW,Washington, DC
20005 (hereinafter the "Nature Conservancy") and is the owner of tracts of land
identified as Nos. 08-12-0336-030 and 08-12-0336-041 by the Cumberland County
Assessment Office. The Nature Conservancy Property is hereinafter referenced as the
"Nature Conservancy Servient Estate" and collectively referenced with the Crim Servient
Estate as the"Servient Estates."
5. For more than 21 years, Plaintiff,by and through its agents, and predecessors
to Plaintiff, all as owner of the Dominant Estate and for the benefit thereof, has been in
open, exclusive,hostile, continuous,adverse, and actual possession under a claim of
right to an easement traversing the Servient Estates and no abandonment of the same
was manifest during said period.
6. The easement serving the Dominant Estate, as used by Plaintiff and referenced
in Paragraph 4, can be seen on the Cumberland County Assessment Office County Tax
Map connecting Pine Road with the Dominant Estate. Said County Tax Map is attached
hereto as Exhibit C; in addition, said easement is hereinafter referenced as the
"Easement."
7. The Easement is unpaved, is 16' in width, and is improved for the use of
pedestrian and motor-vehicle traffic.
8. Prior to Plaintiff's ownership of the Dominant Estate and open, exclusive,
hostile, continuous, adverse, and actual possession of the Easement,the prior owners,
many of whom are agents of Plaintiff, John A. Hoffert, Jr., John W. Hoffert, Herbert D.
Erickson, James C. Erickson,William Field, Gerald S. Morey, Harold Rentschler,Arthur
Speece, and Adolf Wiesner, manifested open, exclusive, hostile, continuous, adverse,
and actual possession of the Easement since the Dominant Estate was granted to them
in September 1989. The deed transferring the Dominant Estate in September 1989 to
the grantees listed herein is attached hereto as Exhibit D and hereinafter referenced as
the"1989 Deed."The 1989 Deed contains a map provided to Grantees at the time of
sale, purporting the use of the Easement.
9. Christopher Drayer Thorpe, grantor in the 1989 Deed and prior owner of the
Dominant Estate, exercised open, exclusive, hostile, continuous, adverse, and actual
possession of the Easement during his period of ownership of the Dominant Estate since
at least June 26, 1981.
10. Open, exclusive, hostile, continuous, adverse, and actual possession of the
Easement by the owners of the Dominant Estate, in the manner of use maintained
today, has been continuously manifest by predecessor owners of the Dominant Estate.
11. Plaintiff is informed and believes that the Crim Defendants make some claim
i
f i '
to the Easement adverse to Plaintiffs title.
12. Plaintiff is informed of Crim Defendants' claim by and through the Crim
Defendants'physical blocking of the Easement on a point within the Servient Estates,
restricting Plaintiffs access to the Dominant Estate.
13. Said blocking of the Easement by the Crim Defendants on the Servient Estates
occurred in or around October 2012.
14. Following the Crim Defendants'blockage of the Easement,the Plaintiff could
not access the Dominant Estate and said access restriction continues through today.
15. Plaintiff, shortly thereafter, on November 15, 2012,filed a writ of summons
against the Crim Defendants (attached hereto as Exhibit E), and thereafter filed the
instant Civil Complaint against the Crim Defendants and the Nature Conservancy.
16.The Crim Defendants claims are wholly without right and the blockage of the
Easement and the Crim Defendants' assertion that Plaintiff does not own said Easement
constitute clouds on Plaintiffs title that Plaintiff is entitled to remove.
Wherefore, Plaintiff prays as follows:
1. That defendants and all persons claiming under them be required to set forth
the complete nature of their claims to the Servient Estates;
2. For a decree of this court determining all adverse claims of defendants and all
persons claiming under them against the Easement claimed by Plaintiffs herein;
3. For said decree to declare and adjudge that Plaintiff owns absolutely and is
entitled to the quiet and peaceful use of the Easement as against defendants and
all persons claiming under them,that defendants and all persons claiming under
them have no right to preclude the use and maintenance of the Easement, and
that title to said Easement be quieted in Plaintiff against all claims of defendants
s
and all persons claiming under them;
4. For said decree to permanently enjoin defendants and all persons claiming
under them from asserting any estate, right,title,lien, or interest in or to said
Easement or any part thereof adverse to Plaintiff;
5. For costs of this action; and,
6. For such other and further relief as the court deems just and proper.
Respectfully Submitted:
Date: loot. 4 .013 '
• SETLEY,ESQUIRE
GEORG De IS II SETLEY
Four Park Plaza, Second Floor
Wyomissing, Pennsylvania 19610
EXHIBIT A
.
--
DEED
THIS INDENTURE made this 2-f s day of Q , 2001, by and between
JOHN A. HOFF'ERT, JR., JOHN W. HOI'F'ERT, HERBERT D. ERICKSON, JAMES C.
ERICKSON, WILLIAM FIELD, GERALD S. MOREY, HAROLD RENTSCHLER, ARTHUR
SPEECE and ADOLF WIESNER, as tenants in common, Grantors, Parties of the First Part,
AND
LITTLE KINGS GAP HUNTING &FISHING LODGE, INC., a Non Profit Pennsylvania
Corporation, Grantee, Party of the Second Part,
WI TNESSETH
That the said Parties of the First Part, for and in consideration of the sum of One .4
Dollar ($1.00) and other good and valuable consideration, lawful money of the United States of
America, well and truly paid by the Party of the Second Part to the said Parties of the First
Part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby
acknowledged, have granted, bargained, sold, aliened, enfeoffed, released, conveyed and
confirmed, and by these presents do grant, bargain, sell, alien, enfeoff, release, convey and
confirm unto the said Party of the Second Part, its successors and assigns forever.
* • see, pane. -two far ac.{ual
ALL THAT CERTAIN tract of mountain land situate in the Township of Dickinson,
County of Cumberland, and State of Pennsylvania, and bounded and described as follows:
BEGINNING at a post and stone; thence by lands now or formerly of Joel Sceaffer,
North 86 degrees East, 20 perches to a post and stone; thence South 11-1/2 degrees West, 79
perches to a post and stones; thence North 57-1/2 degrees West, 21.3 perches to stones; thence
by lands now or formerly of Samuel Hoffman, North 11-1/2 degrees East, 67.9 perches to the
place of BEGINNING.
CONTAINING Eight (8) Acres, more or less.
BEING THE SAME PREMISES which Christopher Drayer Thorpe, by Deed dated
September 23, 1989 and recorded in the Cumberland County Recorder of Deeds Office in
Deed Book "H", Volume 34, Page 497, granted and conveyed unto John A. Hoffert, Jr., John
W. Hoffert, Herbert D. Erickson, James C. Erickson, William Field, Harold Rentschler,
Arthur Speece and Adolf Wiesner, as tenants in common.
TOGETHER with all and singular the buildings, improvements, woods, ways, rights,
liberties, privileges, hereditaments and appurtenances, to the same belonging, or in any wise
appertaining, and the reversion and reversions, remainder and remainders, rents, issued and
profits thereof, and of every part and parcel thereof. And also all the estate, right, title,
interest, property, possession, claim and demand whatsoever, both in law or equity, of the
said Parties of the First Part, of, in, and to the said premises, with the appurtenances.
TO HAVE AND TO HOLD the said premises, with all and singular the
appurtenances, unto the said Party of the Second Part, its successors and assigns, to the only
i lt•
proper use, benefit and behoof of the said Party of the Second Part, its successors and assigns
forever.
AND the said Parties of the First Part, for themselvesm their heirs, executors and
administrators, do by these presents, covenant, grant and agree to and with the said Party of
the Second Part, its successors and assigns forever, that they, the said Parties of the First
Part, their heirs, all and singular the hereditaments, and premises herein above described
and granted, or mentioned and intended so to be, with the appurtenances, unto the said
party of the Second Part, its successors and assigns against them the said Parties of the First
Part and their heirs, and against all and every other person or persons whomever lawfully
claiming or to claim the same or any part thereof, SHALL and WILL SPECIALLY
WARRANT and forever DEFEND.
IN WITNESS WHEREOF, the said Parties of the First Part has to these presents set
their hands and seals dated the day and year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE OF
4 • Arid (SEAL)
4/- ;.. A. Hoffert, Jr.
1l61w11
1. A .1 {OP (SEAL)
john W. Hoffe
k Q Jr (SEAL)
Herbert D. Erickson
.NJ.pI C (SEAL)
1 es C. Erickson
(SEAL)
William Field
_ Ike
:' : ,L_..:' (SEAL)
raid S. Morey
-‘ (SEAL)
Harold Rentschler
..;. ' (SEAL)
Arthur Speece
c.)
(SEAL)
Adolf i er
Actual consideration for this transfer is Ten Thousand Dollars,
$ 10, 000.00
BOOK 249 f-nut:4 42
COMMONWEALTH OF PENNSYLVANIA:
: ss.
COUNTY OF BERKS •
On this}Sf day of1P C f itA,66--, 2001, before me, personally appeared
JOHN A. HOFFERT, JR., known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within instrument, who in due form of law acknowledged the
above Indenture to be his act and deed, and desired the same might be recorded as such.
WITNESS my hand and notarial seal the d y and year aforesaid.
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COMMONWEALTH OF PENNSYLVANIA:
: ss.
COUNTY OF BERKS ••
On thisc96 day of f(Q(,,t, 6,--, 2001, before me, personally appeared
JOHN W. HOFFERT, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, who in due form of law acknowledged the above
Indenture to be his act and deed, and desired the same might be recorded as such.
WITNESS my hand and seal the day and year aforesaid...---------h4 1 uriief A
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COMMONWEALTH OF PENNSYLVANIA:
: ss.
COUNTY OF BERKS :
On this C)R1 S-1-- day of DCQ --- , 2001, before me, personally appeared
HERBERT D. ERICKSON, known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within instrument, who in due form of law acknowledged the
above Indenture to be his act and deed, and desired the same might be recorded as such.
WITNESS my hand and notarial seal the day and year aforesaid.
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CO I .1 NWEALTH OF PENNSYLVANIA:
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COUNTY OF BERKS :
On thisC2i61 day of QUL - , 2001, before me, personally appeared
JAMES C. ERICKSON, known to me (or satisfactorily proven) to be the person whose name
is subscribed to the within instrument, who in due form of law acknowledged the above
Indenture to be his act and deed, and desired the same might be recorded as such.
WITNESS my hand and seal the day and year aforesaid.
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COMMONWEALTH OF PENNSYLVANIA:
ss.
COUNTY OF BERKS :
On this o21,31' day of£C ,,--- , 2001, before me, personally appeared
WILLIAM FIELD, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, who in due form of law acknowledged the above
Indenture to be his act and deed, and desired the same might be recorded as such.
WITNESS my hand and notarial seal the day and year aforesaid.
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COMMONWEALTH OF PENNSYLVANIA:
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COUNTY OF BERKS .
On thiiij.S)' day of tie (rd./1,f >—, 2001, before me, personally appeared
GERALD S. MOREY, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, who in due form of law acknowledged the above
Indenture to be his act and deed, and desired the same might be recorded as such
WITNESS my hand and seal the day and year aforesaid.
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COMMONWEALTH OF PENNSYLVANIA:
: ss.
COUNTY OF BERKS •
On thisaLSF day o f be CPAA2 1- - , 2001, before me, personally appeared
HAROLD RENTSCHLER, known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within instrument, who in due form of law acknowledged the above
Indenture to be his act and deed, and desired the same might be recorded as such.
WITNESS my hand and notarial seal the day and year aforesaid.
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: ss.
COUNTY OF BERKS :
On this64JT` day of j (EA — , 2001, before me, personally appeared
ARTHUR SPEECE, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, who in due form of law acknowledged the above
Indenture to be his act and deed, and desired the same might be recorded as such.
WITNESS my hand and seal the day and year aforesaid.
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COMMONWEALTH OF PENNSYLVANIA:
: ss.
COUNTY OF BERKS .
On thisa " day o&CQ,it , 2001, before me, personally appeared
ADOLF WIESNER, known to me (or satisfactorily proven) to be the person whose name is
subscribed to the within instrument, who in due form of law acknowledged the above
Indenture to be his act and deed, and desired the same might be recorded as such.
WITNESS my hand and seal the day and year aforesaid.
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Cumberland County Recorder of Deeds
Instrument Filing
The precise address of
the Grantee herein is: R f_F_=tB J40551?
3 Z • La -icas7'er Aye.. Trstrfl 2002-000372 1/03/2002 11:47:0
Sh,`jf n9 7L--4", /74 /9907 Remarks: LITTLE KINGS GAP
DEED 20.0$
DEED - HRIT ,51
DEED - RTT STATE 100,01
CARLISLE AREA 50.0$
i DICKINSON TOWNSHIP =0.01
;. : . .- DEED - A/H 11.51
CO IMPROVEMENT END
;:;`.i Y i :-`� REC. IMPRVMT FUND 1.0
F.., rheckR 232 1.0+
r J.,. Checks 235 $133.50
heck 236 1.5s
Total ec $100.0
ei
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ed.
\-- Recorder of Deeds
eoox 243 -gx4347
EXHIBIT B
' e"
1,1 ill
000D1J
Tax Parcel No. 08-12-0336-042
135 vv
Made the304" day of 4 , 2010;
BETWEEN Kenneth R. Bupp, a single individual, of 104 Poplar Hill Rd,
Gardners, Adams County, Pennsylvania and Stanley A. Bupp, widowed, of 160 Poplar
Hill Rd, Gardners, Adams County, Pennsylvania, Grantors,
AND
Ryan C. Crim and Laura E. Crim, husband and wife, of 36 E. Yellow Breeches
Road, Carlisle, Cumberland County, Pennsylvania, Grantees,
WITNESSETH, that the Grantors, for and in consideration of one hundred
twenty-five thousand and 00/100 ($125,000.00) DOLLARS, lawful money of the United
States of America, to the Grantor in hand well and truly paid by the Grantees, at or
before the sealing and delivery of these presents, the receipt whereof is hereby
acknowledged and the Grantor being therewith fully satisfied, do by these presents
grant, bargain, sell and convey unto the Grantees forever.
ALL THAT CERTAIN tract or parcel of land, situate in Dickinson Township,
Cumberland County, Pennsylvania, bounded and described as follows:
BEGINNING at a rock oak at land now or formerly of Peter Eater; thence by the
same, North 89 degrees East, 38.2 perches to a post; thence by land now or formerly of
Peter Eater, South 7 1/4 degrees East, 73.6 perches to a stone heap; thence by land,
now or formerly of Harry Fenicle, South 81 3/4 degrees West, 74.5 perches to a corner;
thence by land now or formerly of Peter Eater, North 15 degrees West, 53.3 perches to
a chestnut; thence by land of same, South 87 1/4 degrees East, 36.5 perches to a post;
thence by land of the same, North 6 1/4 degrees East, 33 1/4 perches to the rock oak, the
place of BEGINNING.
CONTAINING 30 Acres and 157 perches.
BEING the same tract of land which G. C. Marks and Stella G. Marks, husband
and wife, by their deed dated January 3, 1967 and recorded in Deed Book "F", Volume
22, Page 757 in the Office of the Recorder of Deeds in and for Cumberland County,
Carlisle, Pennsylvania, granted and conveyed unto Kenneth R. Bupp and-Stanley.A.
Bupp, Grantors herein.
•
TOGETHER with a right of way to the said grantees, their heirs and assigns, for
ingress, egress and regress, to and from the Pine Road to the land of the grantees
herein, said right of way to be 16 feet in width adjacent to the Western boundary of the
land formerly of Peter T. March now of William E. DeMuth, Jr., said right of way to run
from the Northern boundary of the land of the grantor to the Southern boundary thereof,
at the line of land now or formerly of William Wise.
Said right of way further described in a survey dated May 5, 2010 by Larue
Survey Associates. BEGINNING at an existing steel pin along the lands of William. E.
DeMuth, Jr., North 00 degrees 15 minutes 00 seconds East 30.38 feet to a point on the
center line of Pine Road; thence South along the center line of Pine Road 87 degrees
02 minutes 42 seconds East 16.02 feet to a point on the center line of Pine Road;
thence South 00 degrees 15 minutes 00 seconds West through land currently of William
E. DeMuth, Jr. 1,039.84 feet to a point along other lands owned by William E. DeMuth,
Jr.; thence North 80 degrees 32 minutes 52 seconds West 16.21 feet to a point along
lands of Kenneth R. Bupp and Stanley A. Bupp; thence North 00 degrees 15 minutes 00
seconds East 1007.62 feet along lands of Kenneth R. Bupp and Stanley A. Bupp, Troy
D. and Sandra D. Orr, and Michael A. Smith and Melissa Sponseller to the existing steel
pin, the place of BEGINNING.
IN ADDITION to the right of way set forth above, there is conveyed a right of way
for ingress, egress and regress and for loading, unloading, etc., over a strip of land 25
feet in width immediately North of the boundary line separating this tract of land now or
formerly of William Wise and extending in length, the length of the William Wise tract of
land.
TOGETHER with all and singular the buildings, improvements, ways, woods,
waters, watercourses, rights, liberties, privileges, hereditaments and appurtenances to
the same belonging or in anywise appertaining; and the reversion and reversions,
remainder and remainders, rents, issues and profits thereof, and of every part and
parcel thereof; AND also all the estate, right, title, interest, use, possession, property,
claim and demand whatsoever of the Grantors both in law and in equity, of, in and to the
premises herein described and every part and parcel thereof with the appurtenance.
TO HAVE AND TO HOLD all and singular the premises herein described together with
the hereditaments and appurtenances unto the Grantee and to Grantee's proper use
and benefit forever.
AND the 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.
SIGNED, SEALED and DELIVERED
in the presence of
or ATTESTED by
•
211,c,,,,,a, ci 0.40-f
Kenneth R. Bupp
••�" tanley A. Bupp
COMMONWEALTH OF PENNSYLVANIA,
COUNTY OF Gu, 2 - : ss.
BE IT REMEMBERED, that on 3()I-
/tb *Id I,. I , 2010, before me the
subscriber personally appeared Kenneth R. Bupp, n t( me or satisfactorily proven
to be the persons whose names are subscribed to the within deed and acknowledged
that they executed the same for the purpose therein contained.
WITNESS my hand and seal the day and year aforesaid.
Notary Public
Now fy Public
,cu MUMAND
'/0__.6epins Ap!11. ZOl l
t
COMMONWEALTH OF PENNSYLVANIA:
: SS.
COUNTY OF CUMBERLAND .
On this, they day of
ti , 2010, before me the
undersigned officer, personally appeared tanley A. Bupp, known to me(or satisfactorily
proven) to be the person whose name is subscribed to the foregoing instrument and
acknowledge that he executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
- 4k 4 . rb 5_1L4F
Notary Public
NOTARIAL SEAL
ROSIN J.BASSETT
Noto fy Public
my wmanamoso boos Apt TV 20
I hereby certify that the precise mailing address of the Grantees is 9 McCoy Lane,
Carlisle, PA 17015.
Oier
,..-- -
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY - ,may, yam'' -
1 COURTHOUSE SQUARE
CARLISLE, PA 17013 '"' .:1 .� _J'
717-240-6370 J
;. a
Instrument Number-201021309
Recorded On 8/3/2010 At 2:41:20 PM *Total Pages-6
*Instrument Type-DEED
Invoice Number-70273 User ID-ES
*Grantor-BUPP,KENNETH R
*Grantee-CRIM,RYAN C
*Customer- GRIFFIE
*FEES
STATE TRANSFER TAX $1,250.00 Certification Page
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $23.50 DO NOT DETACH
JUSTICE
RECORDING FEES $13.50 P
now page a e 1S part
RECORDER OF DEEDS P
PARCEL CERTIFICATION $10.00 of this legal document. •
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
CARLISLE AREA SCHOOL $625.00
DISTRICT
DICKINSON TOWNSHIP $625.00
TOTAL PAID $2,564.00
I Certify this to be recorded
in Cumberland County PA
mot ae
VeN0 RECORDER OZ
rnso
*-information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
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Orthophotography:2008
1 inch= 569 feet Vector Data: on going updates II
Created in ArcGIS 9.2 using ArcMap
EXHIBIT D
`- P100—DEED— ..G R V T-1 ALL-STATE LEGAL SUPPLY CO.
One Commerce Ddva,Cranford,N.J.07016
17 r • i
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.Made the 2 3 day of c�- I' , in the year
Nineteen hundred and eighty-nine,(1989).
ehtittlL CHRISTOPHER DRAYER THORPE, of Newville, Cumberland County,
Pennsylvania, Grantor, party of the first part, 7-(E)
•
OD A
n
A '
•
v COMMONWEALTH OF PENNSYLVANIA= a D ° Darn
DEPARTMENT OF REVENUE — z
JOHN A. HOFFERT, JR., JOHN W. HOFFERT,_ HERBERT D. ERICKSON„ JANES C,' _,•,
ERICKSON, WILLIAM FIELD%, GERALD S. MOREY, HAROLD RENTSCHLER, ARTHUR
SPEECE and ADOLF WIESNER, as tenants in common, Grantees, parties
of the second part, 31itntaf stlj that the said part y of the first part, for and in
consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable
consideration lawful money of the United States of America, unto him
well and truly paid by the said parties of the second part, at or before the sealing
and delivery of these presents, the receipt whereof is hereby acknowledged,
has granted, bargained, sold, aliened, enfeoffed, released, conveyed and con-
firmed, and by these presents does grant, bargain, sell, alien, enfeoff•, release,
convey and confirm, unto the said parties of the second part have
heirs and assigns forever,
ALL THAT CERTAIN tract of mountain land situate in the Town-
ship of Dickinson, County of Cumberland, and State of Pennsylvania, and
bounded and described as follows:
BEGINNING at a post and stone; thence by lands now or
formerly of Joel Shaeffer, North 86 degrees East, 20 perches to a post
and stone; thence South 11 1/2 degrees West, 79 perches to a post and
stones; thence North 57 1/2 degrees Nest, 21.3 perches to stones; thence
by lands now or formerly of Samuel Hoffman, North 11 1/2 degrees East,
67.9 perches to the place of BEGINNING.
CONTAINING Eight (8) Acres, more or less.
BEING THE SAME PREMISES which Annie Lee Tichy, Executrix-of •
the Last Will and Testament of Theodore A. Tichy, by Deed dated June 26,
1981 and recorded in the Cumberland County Recorder of Deeds Office in
Deed Book "L", Volume 29, Page 818, granted and conveyed unto
Christopher Drayer Thorpe.
to
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EXHIBIT E
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MATTHEW M.SETLEY,ESQUIRE -
PENNSYLVANIA BAR ID#309183 (ii1?(;0'r 15 AM 10: 1 t;
DISTRICT'OF COLUMBIA BAR ID# 1000986
GEORGEADIS II SETLEY "it-15E11 N D COUNTY
Four Park Plaza, Second Floor E N N S LVA N A
Wyomissing, Pennsylvania 19610 Attorney for the Plaintiff
LITTLE KING'S CAP HUNTING ••
AND FISHING LODGE, INC. : IN THE COURT OF COMMON PLEAS
PLAINTIFF OF CUMBERLAND COUNTY, PENNA.
v. CIVIL ACTION- LAW
RYAN C. CRIM and '^
LAURA E. CRIM NO. I v�-(D'(Q\ U l
DEFENDANTS • ASSIGNED:
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY:
Kindly issue Summons in civil action in the above case against Defendant and forward to
the Sheriff of Berks County.
Respectfully Submitte•:
Date: November 14, 2012 40088lik
MATTHEW M S LEY,ESQUIRE
GEORGEADIS II.ETLEY
Four Park Plaza, Second Floor
Wyomissing,Pennsylvania 19610.
d
cu.,* .15•0
WRIT OF SUMMONS CX 5�
To: RYAN C. CRIM AND LAURA E. CRIM
970 Pine Road
Carlisle,PA 17015-9373
YOU ARE HEREBY NOTIFIED THAT, LITTLE KING'S CAP HUNTING AND FISHING
LODGE, INC., THE ABOVE-REFERENCED PLAINTIFF,HAS COMMENCED AN ACTION
AGAINST YOU. f
DATE: 11 IS)1 a By: �l ,fa•1A,Th
Dep
Prothonotary of Cumberlan County
t
VERIFICATION
I,JOHN W. HOFFERT,hereby verify that the statements made in the foregoing
Complaint are true and correct to the best of my knowledge,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.
Date: - ✓C• 20 3 --- �/ (�. __
JOHN W. HO'
MATTHEW M. SETLEY,ESQUIRE
PENNSYLVANIA BAR ID#309183
DISTRICT OF COLUMBIA BAR ID# 1000986
GEORGEADIS II SETLEY
Four Park Plaza, Second Floor
Wyomissing, Pennsylvania 19610 Attorney for the Plaintiff
LITTLE KINGS GAP HUNTING IN THE COURT OF COMMON PLEAS
AND FISHING LODGE, INC. OF CUMBERLAND COUNTY, PENNA.
PLAINTIFF
v. CIVIL ACTION- LAW
RYAN C. CRIM AND
LAURA E. CRIM •
DEFENDANTS NO. 12-6961
. ASSIGNED:
CERTIFICATE OF SERVICE
I, Matthew M. Setley, Esquire, hereby certify that on this Date I served a copy of
Plaintiffs Complaint filed in this matter upon counsel for Defendants by mailing same to
the below address via USPS First Class Mail:
Bradley L. Griffie, Esquire
Griffie&Associates, P.C.
200 North Hanover Street
Carlisle, Pennsylvania 17013
7
Date: otic..( ZO 1 �111�
.J
3
MATTHE'(M. -ET ',ESQUIRE
Attorney for the Plaintiff
LITTLE KINGS GAP HUNTING IN THE COURT OF COMMON PLEAS
AND FISHING LODGE, INC. OF CUMBERLAND COUNTY, PENNA.
PLAINTIFF CIVIL ACTION—LAW
VS.
RYAN C. CRIM AND NO. 12-6961 CIVIL
LAURA E. CRIM
DEFENDANTS
NOTICE TO PLEAD
You are hereby notified to file a written response to the within New Matter within
twenty days (20) days from service hereof or a judgment may be entered against you.
CG
_rn ri---.'
C f— A P I
jV C1
C _
.aJ
LITTLE KINGS GAP HUNTING IN THE COURT OF COMMON PLEAS
AND FISHING LODGE, INC. OF CUMBERLAND COUNTY, PENNA.
PLAINTIFF CIVIL ACTION—LAW
VS.
RYAN C. CRIM AND NO. 12-6961 CIVIL
LAURA E. CRIM
DEFENDANTS
ANSWER TO COMPLAINT
AND NEW MATTER
1. Admitted in part. Denied in part. It is admitted that the "Little Kings Gap
Hunting and Fishing Lodge, Inc." is the owner of the property referenced
in paragraph number one (1). .Details of the incorporation of the named
Plaintiff and its address are unknown to the Defendant and it is, therefore,
denied,with proof thereof being demanded at trial.
2. It is admitted that Defendants (hereinafter "Crims") are the individuals
named,that they reside at the address provided and that they purchased the
property referenced by the deed dated July 30,2010 and recorded August
3, 2010. It is denied that this "purported"to convey the property to Crims
from Kenneth R. Bupp and Stanley A. Bupp but rather, in fact, as
evidenced by the deed, this did convey the property to Crims. It is
admitted that a copy of the deed is attached and that it contains a legal
description of the property. It is denied that the deed"purports"to convey
an access easement to the Crim property, but rather the deed does, in fact,
convey an access easement to Crims providing access to their property.
3. Admitted. It is further averred, however, that the terms "Servient Estate"
and "Dominant Estate" are improper and inapplicable terms for the
properties at issue, but will be accepted as terminology for identification
.purposes herein.
4. Admitted in part. Denied in part. It is admitted that The Nature
Conservancy is owner of the tracts of land identified. The specific name,
non-profit status and address of the conservancy is denied as that
information is unknown to the Defendants.
5. Denied. It is denied that Plaintiff, by and through its agents and
predecessors to Plaintiff, or otherwise, traversed the easement referenced
as being on the Servient Estate. It is denied that the Plaintiff, by and
through its agents and predecessors, or otherwise, have been accessing the
.claimed Easement in an open, exclusive, hostile, continuous, adverse
.manner or are in actual possession under a claim of right to said claimed
Easement. It is denied that there has been no abandonment of the claimed
Easement.
6. :Denied. It is denied that there is an Easement serving the Dominant
Estate. It is denied that Plaintiff has been in use of an Easement as
claimed or referenced in paragraph four (4) of the Complaint, or other
inaccuracies. The remaining portions of the paragraph are further denied
due to the fact that the Cumberland County Assessment Office tax map is
not to be used as an official source for any purpose other than tax parcel
.map and assessment purposes and, as such, contains inaccuracies of scale
and otherwise. The remaining portions of paragraph six (6) are further
denied in that Plaintiff's claim of a right-of-way or easement is not made
clear nor clarified by the county tax map.
7. Admitted in part. Denied in part. It is admitted that the entire claimed
Easement is unpaved. It is further admitted that there are now portions of
the claimed easement that are sixteen (16) feet wide, and that portions
have been improved recently for use of pedestrian and motor vehicle
traffic. It is denied, however, that this improvement of the claimed
Easement has existed for twenty-one (21) years as appears to be implied
by paragraph seven (7) and prior statements in Plaintiff's Complaint. It is
further averred that until Crim's improvement of their easement and right
of way as defined in their deed, the entire claimed Easement was nearly
impassable in its entirety.
8. Denied. It is denied that prior to Plaintiff's ownership of the Dominant
Easement there was open, exclusive, hostile, continuous adverse and
actual possession of the claimed Easement by prior owners. It is denied
that Plaintiff has had open, exclusive, hostile, continuous adverse and
actually possession of the claimed Easement since irs ownership. It is
denied that any such use of the claimed Easement has existed since
September 1989. It is denied that the deed transferring the Dominant
Easement in September 1989 to the Grantees listed in paragraph eight (8)
is attached as Exhibit "D," in that only a portion of the deed is attached. It
is denied that the 1989 deed contains or contained a map provided to
Grantees at the time of sale, and purporting the use and existence of an
easement. It is denied that any map is contained or of record with the
recorded 1989 deed.
9. Denied. It is denied that Christopher Drayer Thorpe, the Grantor
referenced on the one page of the 1989 deed attached to Plaintiff's
Complaint as Exhibit "D," nor other prior owners of the Dominant Estate,
exercised open, exclusive, hostile, continuous, adverse, and actual
possession of the claimed Easement during his, their, or its period of
ownership of the Dominant Easement. It is denied that any of the named
individuals exercised possession of the claimed Easement since June 26,
1981 or at any time since that date.
10. Denied. It is denied that open, exclusive, hostile, continuous, adverse and
actual possession of the claimed Easement by owners of the Dominant
Easement, in the manner and use being maintained today, has been
continuously manifest by the predecessor owners of the Dominant
Easement. It is denied that the open, exclusive, hostile, continuous,
adverse and actual possession of the claimed Easement, as claimed
throughout the Plaintiff's Complaint, ever existed. It is denied that any of
the named individuals ever exercised possession of the claimed Easement.
11. Admitted in part. Denied in part. What Plaintiff has been informed or
believes is unknown to Crims and any such claims are, therefore, denied
with proof thereof specifically being demanded at trial. It is denied as
stated that Crims "make some claim to the Easement adverse to Plaintiff's
title." It is averred, rather, that Crim's right of access to the easement is
described in their deed. and transverses property now owned by.The
Nature Conservancy. It is further averred that, while Crims have no
knowledge of Plaintiffs having a right over the same easement or right of
way on The Nature Conservancy property, Crims do not believe that they
have an exclusive right to use of their easement or right of way and,
therefore, they cannot affect the determination of The Nature Conservancy
as to their authorization for use of an easement by Plaintiff. In the event
Plaintiff is claiming it has a right to transverse across the Crims' property,
that claim is specifically denied.
12. Admitted in part. Denied in part. It is admitted that Crims have denied
access across their property to all parties except welcomed guests, as no
parties have the right to access over their property, nor have Crims ever
authorized use of their property by others. It is further averred that the
area Crims understand Plaintiff alleges to be an easement over the Crims'
property is blocked by downed tress and other vegetation.
13. Denied. It is denied that the blocking of the claimed Easement by Crims
on their property occurred in or around October 2012. It is denied that
.there is an Easement that passes across the Crims' property, referenced as
one of the Servient Estates. It is admitted that in October 2011, when
Crims became aware of trespassers going across their property, they
closed an area that had been used by the trespassers so additional
trespassing could not occur.
14. Admitted in part. Denied in part. It is.admitted that Crims blocked access
across their property to all uninvited third parties. It is denied that the
Plaintiff could not access their tract, referenced as the Dominant Estate, in
that the Easement they seem to claim in their pleadings and attachments
crosses property owned by The Nature Conservancy. As such, it is
averred that whether they have transversed The Nature Conservancy
;property to access the Dominant Estate is unknown to Crims. It is further
averred that Defendants Crim do not believe Plaintiff has a right to access
Plaintiffs property over the easement that exists over The Nature
Conservancy property. It is further averred that Plaintiffs own several
contiguous parcels of land which provide direct access to the property they
have referenced as the Dominant Estate from other public roadways such
that Plaintiffs claim it could not or cannot access the Dominant Estate
other than over the claimed Easement is denied.
15. :Admitted in part. Denied in part. It is denied that the Plaintiffs "shortly
thereafter" sought a Writ of Summons if the reference to "shortly
thereafter" references the blocking of access over the Crims property. It is
admitted that a Writ of Summons was filed on November 15, 2012 and
that the instant Complaint was filed as indicated.
16. Denied. It is denied that Crims claims are without right. It is averred,
rather, that Crims own the property as identified on their deed, as
identified in Plaintiff's Complaint and no other parties have the right of
access across their property. It is denied that Crims blocked the claimed
Easement, if Plaintiffs are referencing an easement that may exist.over
The Nature Conservancy property. It is denied that Crims refusal to allow
access across their property creates any type of cloud on Plaintiff's title. It
is denied the Crims denial of access across their property to third parties
creates a cloud or any type of adverse effect on Plaintiff's title to its tracts.
It is denied that Plaintiff has a right to access Crim's property in any
manner.
WHEREFORE, Crims request your Honorable Court to dismiss Plaintiff's
Complaint.
NEW MATTER
17. Defendants Answers set forth in paragraphs 1 through 16 are incorporated
herein as if set forth in their full text.
18. Neither Plaintiff nor its predecessors have now, nor at any prior time had,
actual possession of the claimed Easement.
19. In that Plaintiff and its predecessors have never had actual possession of
,the claimed Easement, Plaintiffs claim for adverse possession must fail.
20. In that Plaintiff and its predecessors have never had actual possession of
the claimed Easement, Plaintiff has not had, and does not now have open,
exclusive, hostile, continuous and adverse possession of the claimed
Easement.
21. In that Plaintiff fails to meet any of the prongs of the test to prove adverse
possession, its claim for adverse possession must fail.
22. If it is submitted or determined that Plaintiff's claim Js actually a claim for
an easement by prescription, Plaintiff's claim must fail as the claimed
Easement was and is through unenclosed woodland. See 68 P.S.§411.
WHEREFORE, Crims request your Honorable Court to dismiss Plaintiff's
Complaint.
Respectfully Submitted,
tfendants.
Esquire
orney for
Supreme Court ID No.34349
GRIFFIE &ASSOCIATES, P.C.
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
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.
Section 4904,relating to unsworn falsifications to authorities.
DATE: / 1�L2 N3
RYAN C. CRIM
DATE: vV-3
LA-'(IRA CRIM
9
LITTLE KINGS GAP HUNTING IN THE COURT OF COMMON PLEAS
AND FISHING LODGE, INC. OF CUMBERLAND COUNTY, PENNA.
PLAINTIFF CIVIL ACTION—LAW
VS.
RYAN C. CRIM AND NO. 12-6961 CIVIL
LAURA E. CRIM
DEFENDANTS
CERTIFICATE OF SERVICE
I, Bradley L. Griffie, Esquire, hereby certify that I did, the day of July,
2013, cause a copy of Defendant's Answer and New Matter to be served upon Plaintiffs
by serving their attorney of record, Matthew M. Setley, Esquire, by first-class mail,
postage prepaid at the following address:
Matthew M. Setley, Esquire
Georgeadis Setley
Four Park Plaza, Second Floor
Wyomissing, PA 19610
DATE: 1)- j
r riffie, Esquire
orney or Defendant
Supreme Court ID No. 34349
GRIFFIE &ASSOCIATES, P.C.
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
LITTLE KINGS GAP HUNTING : IN THE COURT OF COMMON PbFAS
AND FISHING LODGE, INC., : OF CUMBERLAND COUNTY, PITN _.
PLAINTIFF : CIVIL ACTION-LAW -rn rri
VS. _ c„
RYAN C. CRIM AND : NO. 12-6961 CIVIL {--
LAURA E. CRIM, : t - ,
DEFENDANTS •
• r*J
DEFENDANT'S MOTION TO COMPEL ANSWERS TO
INTERROGATORIES PROPOUNDED UPON PLAINTIFF
AND NOW come Defendants, Ryan C. Crim and Laura E. Crim, by and through
their counsel of record, Bradley L. Griffie, Esquire, and the law firm of Griffie and
Associates, P.C. and files the following Motion:
1. Your Movants are the above named Defendant's, Ryan C. Crim and Laura
E. Crim, adult individuals currently residing at 970 Pine Road, Carlisle,
Cumberland County, Pennsylvania.
2. Your Respondent to the Motion is the above named Plaintiff, Little Kings
Gap Hunting and Fishing Lodge, Inc., a Pennsylvania non-profit
corporation with an address of 32 East Lancaster Avenue, Shillington,
Berks County, Pennsylvania, and who is represented by counsel of record,
Matthew M. Setley, Esquire, of Georgeadis Setley, 4 Park Plaza, Second
Floor, Wyomissing, Berks County, Pennsylvania.
3. By correspondence dated November 6, 2013, Movant, through counsel,
served Respondent with Interrogatories propounded upon Respondent.
4. In a response to correspondence from counsel for Respondent for an
additional thirty (30) days to answer the Interrogatories, Movant granted
by a thirty (30) day extension to Respondent to answer the Interrogatories.
5. Calculating three (3) days for mailing, thirty (30) days for the original
Answer period, and an additional thirty (30) days for the extended
answering period, the Answers to Interrogatories should have been
provided by no later than January 9, 2014.
6. In separate correspondence between counsel, counsel for Movant
reminded counsel for Respondent on December 19th, and again on
December 31st, of the need to file timely Answers to their Interrogatories
while the parties continue to negotiate a possible resolution of this matter.
7. It has been well over ninety (90) days since original service of the
Interrogatories and no Answer has been filed.
8. Respondent has not moved this Honorable Court to enter a Protective
Order pursuant to the Pennsylvania Rules of Civil Procedure No. 4012,
nor has it made objections thereunder.
9. Respondent has not requested or moved for any additional extensions of
time for the Answer to discovery requests to be made.
10. Respondent has failed and refused to provide the information requested in
the formal discovery that has been served upon it in the time frame
required by the Pennsylvania Rules of Civil Procedure and the extension
of time granted through counsel.
11. The only means available for Movant to secure the necessary information
that will allow them to advance this case is through the instant pending
formal discovery.
WHEREFORE, Movant requests your Honorable Court to enter an Order
compelling Respondent to fully and completely respond to Defendant's [Movant's]
Interrogatories propounded upon Respondent, or suffer an Order being entered against
Respondent for Sanctions and such other relief as the Court deems just a proper.
Respectfully Submitted,
: �
• fie, Esquire
A •rney fs Defendants/Movants
Supreme Court ID No. 34349
GRIFFIE & ASSOCIATES, P.C.
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
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.
Section 4904, relating to unsworn falsifications to authorities.
DATE: ;- (0)-6 ( 1 I 4 ///
• �� L.,s • FFIE, ESQUIRE
LITTLE KINGS GAP HUNTING : IN THE COURT OF COMMON PLEAS
AND FISHING LODGE, INC., : OF CUMBERLAND COUNTY, PENNA.
PLAINTIFF : CIVIL ACTION—LAW
VS.
RYAN C. CRIM AND : NO. 12-6961 CIVIL
LAURA E. CRIM,
DEFENDANTS
CERTIFICATE OF SERVICE
I, Bradley L. Griffie, Esquire, hereby certify that I did, the )OThday of February,
2014, cause a copy of Defendant's Motion to Compel Answers to Interrogatories
Propounded up Plaintiffs to be served upon Plaintiff by serving their attorney of record,
Matthew M. Setley, Esquire, by first-class mail,postage prepaid at the following address:
Matthew M. Setley, Esquire
Georgeadis Setley
Four Park Plaza, Second Floor
Wyomissing, PA 19610
DATE: (9-(,2_d (14 .iMor
:0570 ' ' fie, Esquire
Attorney for Defendants/Movants
GRIFFIE & ASSOCIATES, P.C.
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
LITTLE KINGS GAP HUNTING : IN THE COURT OF COMMON PLEAS
AND FISHING LODGE, INC., : OF CUMBERLAND COUNTY, PENNA.
PLAINTIFF : CIVIL ACTION—LAW
VS.
RYAN C. CRIM AND : NO. 12-6961 CIVIL
LAURA E. CRIM,
DEFENDANTS •
ORDER OF COURT
AND NOW this 3 day of f' '/,' , 2014, upon
presentation and consideration of the within Motion to Compel Answers to Defendant's
Interrogatories to Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that
Plaintiff/Respondent shall file responses to the Defendant's Interrogatories to Plaintiff
within ;‘) days after service of the within Order by first class mail, postage
prepaid, upon Respondent through its counsel of record, or suffer for the Order of Court
and Sanctions against Plaintiff/Respondent.
By the Court,
J
Cc: Matthew M. Setley,Esquire
Attorney for Plaintiff/Respondent
4 Bradley L. Griffie, Esquire
Attorney for Defendant/Movant
,/y.6 4 r-rt
m irl __i
> CJ1 C-)
.;51/y r—
en-71
LITTLE KINGS GAP HUNTING : IN THE COURT OF COMMON PLEAS
AND FISHING LODGE, INC., : OF CUMBERLAND COUNTY, PENNA.
PLAINTIFF : CIVIL ACTION — LAW t"...."
RYAN C. CRIM AND : NO. 12 -6961 CIVIL m '�
n?�
LAURA E. CRIM, c-(X, 01
DEFENDANTS <
tl? =; j? c
"—;
MOTION FOR HEARING
AND NOW comes Movants, by and through their counsel of record, Bradley L.
Griffie, Esquire, and the law firm of Griffie & Associates, P.C. and files the following
Motion:
1. Your Movants herein are the above named Defendants, Ryan C. Crim and
Laura E. Crim, adult individuals residing at 970 Pine Road, Carlisle,
Pennsylvania.
2. Respondent hereto is the above named Plaintiff, Little Kings Gap Hunting
and Fishing Lodge, Inc., a Pennsylvania non - profit corporation with a
mailing address of 32 East Lancaster Avenue, Shillington, Pennsylvania,
19607, and who is represented in these proceedings by Matthew M.
Setley, Esquire of Georgeadis Setley, Four Park Plaza, Second Floor,
Wyomissing, Pennsylvania, 19610.
3. This action was initiated through the filing of a Praecipe for Writ of
Summons on November 15, 2012.
4. Plaintiffs filed a Complaint in this matter on June 13, 2013.
5. Subsequent to the filing of the Complaint, an Answer to the Complaint
and New Matter was filed by Movants on July 12, 2013.
6. Movants have proceeded with discovery which has been answered.
7. Respondent has not initiated any discovery proceedings.
8. This matter is now ripe for a hearing.
9. Movant has sought the concurrence of Respondent to this Motion for
Hearing and Respondent has not responded in any manner to Movants'
contact requesting concurrence for this matter to be scheduled for trial.
WHEREFORE, Movants request your Honorable Court to enter an Order
scheduling a hearing in this matter.
Respectfully Submitted,
. Griffi-, Esquire
41t ney for De endants
Supreme Court ID No. 34349
GRIFFIE & ASSOCIATES, P.C.
200 North Hanover Street
Carlisle, PA 17013
(717) 243-5551
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.
Section 4904, relating to unsworn falsifications to authorities.
DATE: 411510
LITTLE KINGS GAP HUNTING
AND FISHING LODGE, INC.,
PLAINTIFF
VS.
RYAN C. CRIM AND
LAURA E. CRIM,
DEFENDANTS
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNA.
: CIVIL ACTION — LAW
: NO. 12-6961 CIVIL
CERTIFICATE OF SERVICE
I, Bradley L. Griffie, Esquire, hereby certify that I did, the /' of April,
2014, cause a copy of Defendant's Motion for Hearing to be served upon Plaintiffs by
serving their attorney of record, Matthew M. Set ley, Esquire, by first-class mail, postage
prepaid at the following address:
DATE: Lifi y
Matthew M. Set ley, Esquire
Georgeadis Set ley
Four Park Plaza, Second Floor
Wyomissing, PA 19610
oarci"
ArroeWiriffie, Esquire
for Defendants/Movants
FFIE & ASSOCIATES, P.C.
200 North Hanover Street
Carlisle, PA 17013
(717)243-5551
(800)347-5552
LITTLE KINGS GAP HUNTING
AND FISHING LODGE, INC.,
PLAINTIFF
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
RYAN C. CRIM AND
LAURA E. GRIM,
DEFENDANTS : 12-6961 CIVIL TERM
ORDER OF COURT
AND NOW, this /71-41 day of April, 2014, upon consideration of Defendants'
Motion for Hearing, a status/settlement conference with counsel is scheduled for Wednesday,
May 7, 2014, at 10:30 a.m., in Courtroom Number 1, Cumberland County Courthouse, Carlisle,
Pennsylvania.
By the Court,
bert H. Masland,
Matthew M. Set ley, Esquire
For Plaintiff
-4;adley L. Griffie, Esquire
For Defendants
:sal
02,/,(/
LITTLE KINGS GAP HUNTING
AND FISHING LODGE, INC.
PLAINTIFF
VS.
RYAN C. CRIM AND
LAURA E. CRIM
DEFENDANTS
AND NOW, this
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNA.
: CIVIL ACTION — LAW
: NO. 12-6961 CIVIL
ORDER OF COURT
day of May, 2014, upon the joint request of counsel for
the parties, the Pre -Hearing Conference scheduled in this matter for Wednesday, May 7,
2014 at 10:30 a.m. is continued to Friday, May 30, 2014 at 9:00 a.m.
BY THE COURT,
Albert H. Masi d,midge
Cc: Matthew M. Setley, Esquire
r Attorney for Plaintiff
r Bradley L. Griffie, Esquire
Attorney for Defendants
CepieS 11211.4_
5/7/1q
C:=:2
1-2m
LITTLE KINGS GAP HUNTING
AND FISHING LODGE, INC.,
PLAINTIFF
V.
RYAN C. CRIM AND
LAURA E. GRIM,
DEFENDANTS
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 12-6961 CIVIL TERM
9RDER OF COURT
AND NOW, this el2 day of May, 2014, the status/settlement conference with
counsel currently scheduled for May 30, 2014, is cancelled and rescheduled to commence
Monday, June 30, 2014, at 3:00 p.m. in chambers.
By the Court,
✓ Matthew M. Setley, Esquire
For Plaintiff
Bradley L. Griffie, Esquire
For Defendants
:sal
eS7.4aPY
RFs LL,
Ibert H. Masland, J.
a
re's
r_
3
-T.
17-74
^.J
c(D1
LITTLE KINGS GAP HUNTING
AND FISHING LODGE, INC.
PLAINTIFF
VS.
RYAN C. CRIM AND
LAURA E. CRIM
DEFENDANTS
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNA.
: CIVIL ACTION — LAW
: NO. 12-6961 CIVIL
ORDER OF COURT
AND NOW, this /"ay of July, 2014, upon the joint request of counsel for
the parties, the Pre -Hearing Conference scheduled in this matter for Monday, June 30,
2014 at 3:00 p.m. is continued to Monday, September 22, 2014 at 11:00 a.m.
Cc: Matthew M. Setley, Esquire
„."'Attorney for Plaintiff
,Bradley L. Griffie, Esquire
Attorney for Defendants
ies
7 Py
`--7711
BY THE COURT,
—4
pm -
1,4
MATTHEW M. SETLEY, ESQUIRE
PENNSYLVANIA BAR ID # 309183
DISTRICT OF COLUMBIA BAR ID # 1000986
GEORGEADIS II SETLEY
Four Park Plaza, Second Floor
Wyomissing, Pennsylvania 19610
1= IL -OFFICE.
OF THE PRO HONG TAR'i
2014 SEP 6 MI i
CUIsIBERLAND COUNTY
PENNSYLVANIA
Attorney for Claimants
LITTLE KINGS GAP HUNTING
AND FISHING LODGE, INC.
PLAINTIFF
RYAN C. CRIM, ET AL.
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
ASSIGNED: MASLAND, J.
NO. 12-6961
PRAECIPE TO MARK CASE AS SETTLED, DISCONTINUED, AND ENDED
AS TO DEFENDANT THE NATURE CONSERVANCY
TO THE PROTHONOTARY:
Kindly mark the above -captioned matter as settled, discontinued, and ended exclusively
as to Defendant The Nature Conservancy.
Date: September 14, 2014
Respectfully Submitted:
MATTHEW SETLEY, ESQUIRE
GEORGEADIS II SETLEY
Four Park Plaza, Second Floor
Wyomissing, Pennsylvania 19610
MATTHEW M. SETLEY, ESQUIRE
PENNSYLVANIA BAR ID # 309183
DISTRICT OF COLUMBIA BAR ID # 1000986
GEORGEADIS II SETLEY
Four Park Plaza, Second Floor
Wyomissing, Pennsylvania 19610
Attorney for Claimants
LITTLE KINGS GAP HUNTING
AND FISHING LODGE, INC.
PLAINTIFF
RYAN C. CRIM, ET AL.
DEFENDANT
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNA.
CIVIL ACTION - LAW
ASSIGNED: MASLAND, J.
NO. 12-6961
CERTIFICATE OF SERVICE
I, Matthew M. Setley, Esquire, hereby certify that the following individuals were served
with a copy of the foregoing documents on the date herein stated via USPS First Class Mail:
Bradley L. Griffie, Esq.
Griffie & Associates, P.C.
200 North Hanover Street
Carlisle, Pennsylvania 17013
Jeffrey S. Larson, Esq.
The Nature Conservancy
Eastern Resource Office
99 Bedford Street
Boston, MA 02111
Date: September 14, 2014
MATTIIE . SETLEY, ESQUIRE
GEORGEADIS H SETLEY
Four Park Plaza, Second Floor
Wyomissing, Pennsylvania 19610
LITTLE KINGS GAP HUNTING
`-,AND FISHING LODGE, INC.,
PLAINTIFF
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
C. r
RYAN C. CRIM AND m
LAURA E. CRIM, w
DEFENDANTS : 12-6961 CIVIL TERM
IN RE: STATUS CONFERENCE
ORDER OF COURT
AND NOW, this (-13 d day of September, 2014, following a status
conference with counsel on September 22, 2014, at which counsel represented that there was
no outstanding discovery and that this matter was ready for hearing, IT IS ORDERED AND
DIRECTED as follows:
1. If the parties are unable to present a stipulation of all facts to the court, a full hearing
of this matter shall be held on December 12, 2014 at 9:00 a.m., in Courtroom
Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. The parties are
encouraged to stipulate to as many factual issues as possible to streamline
presentation of the case.
2. Pre-trial memorandums shall be submitted by both parties by the close of business
on November 21, 2014. These memorandums shall comply with Local Rule
C.C.R.P. 212-4.
•-
By the Court,
Albert H. Masland, J.
t"thew M. Setley, Esquire
For Plaintiff
•miley L. Griffie, Esquire
For Defendants
:sal
etxrieS M,2•41.5S-
9/aA3n
MATTHEW M. SETLEY, ESQUIRE
PENNSYLVANIA BAR ID # 309183
DISTRICT OF COLUMBIA BAR ID # 1000986
GEORGEADIS II SETLEY
Four Park Plaza, Second Floor
Wyomissing, Pennsylvania 19610
LITTLE KINGS GAP HUNTING
AND FISHING LODGE, INC.
PLAINTIFF
V.
RYAN C. CRIM,
LAURA E. CRIM AND
THE NATURE CONSERVANCY
DEFENDANTS
FILE -ii7;7P
'6F THE PIWfT1101.'1C0-TART
2011,10EC -9Pj 1:3.,
Clit.fi3Eq4i.'1.1 COUNTY
PENNSYI_Vg.46
AottFocrumneyBfoErRLANthe
IN THE COURT OF COUNTY,D CUMMON PENNA.
PLEAS
CIVIL ACTION - LAW
NO. 12-6961
ASSIGNED:
PLAINTIFF'S PRAECIPE TO WITHDRAW COMPLAINT
AND MARK AS SETTLED, DISCONTINUED, AND ENDED
TO THE PROTHONOTARY:
Kindly withdraw the complaint filed in this matter mark the above -captioned
case as settled, discontinued, and ended.
Date: December 8, 2014
Respectfully Submitted:
HE . SETLEY, ESQUIRE
GEORG PISIISETLEY
Four Park Plaza, Second Floor
Wyomissing, Pennsylvania 19610