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Home My WebLink About13-2251 r ro a Supreme Court of Pennsylvania Cou ,bf '6n Pleas Civih,Cover, Sheet For Prothonotary Use Only. Cumberland Y COUII Docket No: I The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S CSI Complaint ❑ Writ of Summons ❑ Petition ❑ Notice of Appeal ❑ Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff s Name: Lead Defendant's Name: , I , Green Ridge Leasing, LLC Keith A. Sultzabaugh I ❑ Check here if you are a Self- Represented (Pro Se) Litigant 0 Name of Plaintiff /Appellant's Attorney: Peter J. Russo, Esquire N Are money damages requested?: ❑ Yes ® No Dollar Amount Requested: within arbitration limits A (Check one) outside arbitration limits Is this a Class Action Suit? .O Yes 1 No Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS ❑ Intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ❑ Board of Assessment ❑ Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections ❑ Nuisance ❑ Dept. of Transportation ❑ Premises Liability ❑ Zoning Board S ❑ Product Liability (does not include ❑ Statutory Appeal: Other mass tort) ❑ Employment Dispute: E ❑ Slander/Libel/ Defamation Discrimination C ❑ Other: ❑ Employment Dispute: Other T Judicial Appeals ❑ MDJ - Landlord/Tenant I ❑ Other: ❑ MDJ -Money Judgment O MASS TORT ❑ Other: ❑ Asbestos N ❑ Tobacco ❑ Toxic Tort - DES ❑ Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS ❑ Toxic Waste ❑ Ejectment ❑ Common Law /Statutory Arbitration B ❑ Other: ❑ Eminent Domain /Condemnation ❑ Declaratory Judgment ❑ Ground Rent ❑ Mandamus ❑ Landlord/Tenant Dispute ❑ Non - Domestic Relations ❑ Mortgage Foreclosure Restraining Order PROFESSIONAL LIABLITY ® Partition ❑ Quo Watranto ❑ Dental ❑ Quiet Title ❑ Replevin ❑ Legal ❑ Medical ❑ Other: ❑ Other: ❑ Other Professional: Pa.R. C.P. 205.5 212010 B 1 • i ' � i1 r M. 1- �— �a rt'IC LAW OFFICES OF PETER J. RUSS6 P.�. Counsel for Plaintiff By: Peter J. Russo, Esquire � � P 2! PM 2: 4 PA Supreme Court ID # 72897 5006 East Trindle Road, Suite 203 CUMBERLAND CQU'v Mechanicsburg, PA 17050 'ENNSYLVA Nt � + Ph: (717) 591 -1755 F: (717) 591 -1756 piussoQpjrlaw.com GREEN RIDGE LEASING, LLC, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - EQUITY KEITH A. SULTZABAUGH, : NO. 1 9 . a aSl CIVIL Defendant PARTITION OF REAL PROPERTY NOTICE TO DEFEND AND CLAIM RIGHTS 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 (800) 990 -9108 (717) 249 -3166 �y� { a LAW OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Ph: (717) 591 -1755 F: (717) 591 -1756 prusso@pjrlaw.com GREEN RIDGE LEASING, LLC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - EQUITY KEITH A. SULTZABAUGH, NO. CIVIL Defendant PARTITION OF REAL PROPERTY NOTICE TO PLEAD TO: KEITH A. SULTZABAUGH, 906 Hummel Avenue Lemoyne, PA 17043 YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. Peter J. Russo DATE: Thursday, April 04, 2013 -2- S y 7 i LAW OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Ph: (717) 591 -1755 F: (717) 591 -1756 prusso@pjrlaw.com ' GREEN RIDGE LEASING, LLC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - EQUITY KEITH A. SULTZABAUGH, NO. CIVIL Defendant PARTITION OF REAL PROPERTY COMPLAINT AND NOW, COMES the Plaintiff, Green Ridge Leasing, LLC, by and through his attorneys, Law Offices of Peter J. Russo, P.C. and states the following in support of his Complaint: PARTIES 1. Plaintiff, Green Ridge Leasing, LLC, (hereinafter "Green Ridge ") is Pennsylvania limited liability company formed on October 26, 2005 with a registered address of 6375 Baseshore Road, Mechanicsburg PA 17055. 2. Defendant, Keith A. Sultzbaugh, is an adult individual with a residence at 906 Hummel Avenue Lemoyne, Pennsylvania 17043. FACTS 3. Plaintiff and the Defendant are the owners of real property located at 2720 Lisburn Road, Camp Hill, Pennsylvania 17011 also known as tax parcel number 13- 10 -0258- -3- t R I 007 ( "Property "). A true and correct copy of the Deed to the Property is attached hereto and made part hereof as "Exhibit A ". 4. The Property was conveyed from Keith A. Sultzbaugh as Executor of the Estate of Caroline W. Slutzbaugh to Green Ridge on February 25, 2010 and title was therein taken in by Plaintiff and the Defendant as tenants in common. 5. Presently there are no mortgages recorded against the Property. 6. On February 26, 2010, the parties entered' into an agreement called "Agreement and Right of First Refusal to Purchase Real Estate" ( "Agreement "). A true and correct copy of the Agreement is attached hereto and made part hereof as "Exhibit B ". 7. Defendant has not exercised his rights pursuant to the terms of the Agreement. 8. The Agreement provides that if Defendant has not exercised his rights of first refusal on or within one (1) year from the date of the Agreement, Green Ridge shall have the absolute right to partition the real estate. 9. The parties have not been able to agree on terms for an orderly distribution and partition of the Property. 10. Defendant, who is a real estate agent, has attempted to sell the Property but without success. 11. Green Ridge believes and avers that the Court should partition the Property, by directing a sale of the same, in that Plaintiff does not believe the Property can be divided into purparts without spoiling the whole. WHEREFORE, Plaintiff requests this Honorable Court to direct a partition of the Property and enter an Order as deemed appropriate per Pennsylvania Rules of Civil Procedure, Rule 1558. -4- 1 Respectful) submitted LAW OFFICES OF PETER J. R RMSO, P.C. Attorneys for Plaintiff Peter J. Russo, Esquire ID No. 72897 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Ph: (717) 591 -1755 F: (717) 591 -1756 Date: Thursday, April 04, 2013 _5_ a EXHIBIT A O0OAJ1 Tax Parcel No. 13 -10 -0258 -007 THIS DEED, MADE THE 2 s day of February the year Two Thousand Ten (2010) BETWEEN KEITH A. SULTZBAUGH, Executor of the ESTATE OF CAROLINE W. SULTZBAUGH, late of Lower Allen Township, Cumberland County, Pennsylvania, Grantor, AND KEITH A. SULTZBAUGH, a single person, of Lemoyne, Cumberland County,'Pennsylvania, an undivided one - half interest, and GREEN RIDGE LEASING, LLC, a Pennsylvania Limited Liability Company, of Mechanicsburg, Cumberland County, Pennsylvania, an undivided one half interest, as tenants in common, Grantees WHEREAS, the said Caroline W. Sultzbaugh was vested in her lifetime with title to the premises hereinafter described, in the Township of Lower Allen, County of Cumberland and Commonwealth of Pennsylvania; and WHEREAS, the said Caroline W. Sultzbaugh died testate on the 22nd day of November, 2006, and Letters Testamentary were duly issued to Keith A. Sultzbaugh, as Executor of the Estate of Caroline W. Sultzbaugh, by the Register of Wills of Cumberland County, Commonwealth of Pennsylvania on July 12, 2007 at Estate Docket Number 21 -07 -0653; and WHEREAS, the lands herein - mentioned were not specifically devised. NOW, THEREFORE, THIS INDENTURE WITNESSETH, that the said Keith A. Sultzbaugh, Executor, as aforesaid, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable considerations, to the Estate in hand paid by the Grantees, at and before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, has granted,.bargained, sold, aliened, released, and confirmed, and by these presents, by virtue of the virtue of the power and authority in him vested by the Fiduciaries Act of the Commonwealth of Pennsylvania, does hereby grant, bargain, sell, alien, release and confirm unto the said Grantees, their heirs and assigns, forever: ALL THOSE CERTAIN lot of land with improvements thereon situate in Lower Allen Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in the center line of St. John's Road at the northerly line of land now or formerly of Kenneth K. Hart; thence along said Hart land north 42 degrees 35 minutes east seven hundred three and ninety -nine one hundredths (703.99) feet to a point; thence by land now or formerly of Paul Kreitzer south 78 degrees 45 minutes east four hundred thirty -four and eighty -five one hundredths (434.85) feet to a point; thence by land now or formerly of George Latsha south 38 degrees 30 minutes east eighteen and sixty -seven one - hundredths (18.67) feet to a point; thence by land formerly of John E. Keener, Inc., south 40 degrees 58 minutes 30 seconds west two hundred fifty one and forty -seven one - hundredths (251.47) feet to a point; thence by the same south 42 degrees 26 minutes 30 seconds east two hundred forty (240) feet to a point in the center of Lisburn Road; thence by said Lisburn Road south 40 degrees 58 minutes 30 seconds west four hundred eighty -seven (487) feet, more or less, to a point; thence by the same south 43 degrees 40 minutes 30 seconds west four hundred ninety (490) feet, more or less, to a point in the center of St. John's Road; thence by the center line of St. John's Road north 22 degrees 30 minutes west seven hundred forty -five (745) feet, more or less, to the place of BEGINNING. UNDER AND SUBJECT to a Order of Dedication granted to Lower Allen Township as recorded in Miscellaneous Book 168, page 151, a Grading Easement with Yetter Court Land, LLC as recorded in Instrument No. 200937609, a Sanitary Sewer Easement as recorded at Instrument No. 200937610, and any and all other easements, reservations, restrictions and matters of record. BEING PART OF THE SAME PREMISES which LLOYD C. SULTZBAUGH by his deed dated September 1, 1971 and recorded September 3, 1971 in the Recorder's Office in and for Cumberland County, Pennsylvania, in Deed Book G, Volume 24 page 645 granted and conveyed unto LLOYD C. SULTZBAUGH and CAROLINE W. SULTZBAUGH, husband and wife. Lloyd C. Sultzbaugh died on October 19, 1998 whereupon title vested solely in Caroline W. Sultzbaugh who subsequently died on November 22, 2006. AND THE SAID GRANTOR, Executor of the Estate of Caroline W. Sultzbaugh, as aforesaid, his successors and assigns do covenant, promise and agree to and with the said Grantees, their heirs and assigns, by these presents, that the Grantor has not done, committed any act, matter or thing whatsoever whereby the premises hereby granted, or any part thereof, is, are shall or may be impeached, charged, or encumbered in title in title, or otherwise, howsoever. ONE HALF OF THIS GRANT AND CONVEYANCE MADE HEREIN IS REALTY TRANSFER EXEMPT AS A TRANSFER FOR NO OR MONINAL ACTUAL CONSIDERATION OF PROPERTY PASSING BY TESTATE SUCCESSION FROM THE PERSONAL REPRESENTATIVE OF DECEDENT TO THE DEVISEE AND IS EXEMPT DUE TO CONVEYANCE TO THE HEIRS OF ESTATE PER SECTION 91.193(b)(7) OF THE PENNSYLVANIA REALTY TRANSFER ACT. IN WITNESS WHEREOF, the said Keith A. Sultzbaugh, Executor, of the Estate of Caroline W. Sultzbaugh, deceased, Grantor herein, has hereunto set his hand and seal the day and year above written. Signed, Sealed and Delivered in the Presence of (SEAL) Keith A. Sultz augh Executor COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the 25 41\- day of February, 2010, before me, the undersigned officer, personally appeared Keith A. Sultzbaugh, Executor, known to me (or satisfactorily proven) to be the person who was granted Letters Testamentary by the Register of Wills of Cumberland County, as described in the foregoing instrument, and acknowledged that he executed the same in the capacity therein stated and for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. xsga Notary Public r 'A My Commission Expires: E , Nw. 19, ZDIQ I do hereby certify that the precise residence and complete post office address of the within named grantees is 6375 Basehore Road, Mechanicsburg, PA, 17050. February 25 2010 Andrew C. Sheely, squire Attorney for Grantee Green Ridge Leasing, LLC REV -183 EX (7 -08) (q RECO U SE ONLY pennsylvania " REALTY TRANSFER TAX State Tax Paid % _� DEPARTMENT OF REVENUE STATEMENT OF VALUE Book Number lfI Bureau of Individual Taxes Page Number 12 t o o 9 ;- PO BOX 280603 '"I �7 Harrisburg PA 17128 -0603 See Reverse for Instructions Date Recorded Complete each section and file in duplicate with Recorder of Deeds when (1) the full value /consideration is not set forth in the deed, (2) the deed is without consideration or by gift, or (3) a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from tax based on family relationship or public utility easement. If more space is needed, attach additional sheets. - A. CORRESPONDENT - Att inquiries may be directed to the following person: Name /7rI4�rC�✓ e- , Z",/ ✓ Telephone Number: — -- — (7 ) to If 7 - - 7 .0 5 Street Address City / State ZIP Code Z-Z . M o (le / S f ��C t I'Vec- / a,? G:5 �l vr, �if 17 DS B. TRANSFER DATA Date of Acceptance Document Grantor(s) /Lessor(s) ci q. Sc� / tL�akSh �Xc'c4e�ai- Grantee(s) /Lessee(s) Kei fA' Sheet �c _ aG Co / � �✓ � C�/eci, ,Q; � Street Address Street Address 9 6 lsztMMC / /4 4crvr nx A'+ / 637 T3A S•t �lo�s.. Ro wo� . City State ZIP Code City State ZIP Code LC Moyru- �/�- 170"/3 lWed 1 Pl+ 1 �70$D C. REAL ESTATE LOCATION Street Address City, Township, Borough - 2 ._ 7 2 � 0 L, Grp 'p da� .. — S..� ow r� /-1 <n 7ou�isti,i� County Sch District Tax Parcel Number L'vM h« /a�Id 1 iYYGSy /y/"C� 13 - 1 - 02-5 ^o D. VALUATION DATA 1. Actual Cash Consideration 2. Other Consideration 3. Total Consideration /. oo _ _ { 4. County Assessed Value 5. Common Level Ratio Factor 6 ;air Market Value 1 $166 /801 oa x E. EXEMPTION DATA Ia. Amount of Exemption laimed ib. Percentage of Grantor's Interest in Real Estate lc. Percentage of Grantor's Interest Conveyed 2. Check Appropriate Box Below for Exemption Claimed PQ Will or intestate succession. _ _Cor e (� � c G✓, ��, fz l 2 - fj X 53 El Transfer to Industrial Development Agency, (Name of Deceden (Estate File Number) ❑ Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ❑ Transfer between principal and agent /straw party. (Attach complete copy of agency /straw party agreement.) ❑ Transfers to the Commonwealth; the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. (If condemnation or in lieu of condemnation, attach copy of resolution.) ❑ Transfer from mortgagor to a holder of a mortgage in default. (Attach copy of Mortgage and note /Assignment.) ❑ Corrective or confirmatory deed. (Attach complete copy of the deed to be corrected or confirmed.) ❑ Statutory corporate consolidation, merger or division. (Attach copy of articles.) Other (Please explain exemption claimed, if other than listed above.LQ `ja /L' � !b r� is Se /on Vey cd * � , id l.+� c ore a C� /L o� '— � / �? �ur� t�P Sow oL e44-4� . Under penalties of law, I declare that I have examined this statement, including accompanying information, and to the best of my knowledge and belief, it is true, correct and complete. Signature of Correspondent or Responsible Party Date 1 C ' 2-12- FAILURE TO COMPLETE THIS OORM PROPERLY OR ATTACH REQUESTED DOCUMENTATION MAY RE ULT IN THE RECORDER'S REFUSAL TO RECORD THE DEED. Y l ROBERT P. ZIEGLER R OF DEEDS - RECORDS CUMBERLAND COUNTY 1 COURTHOUSE SQUARE CARLISLE, PA 17013 a r 717- 240 -6370 Instrument Number - 201004985 Recorded On 2/26/2010 At 2 :34:58 PM *Total Pages - 5 * Instrument Type - DEED Invoice Number - 61453 User ID - AF * Grantor - SULTZBAUGH, CAROLINE W * Grantee - SULTZBAUGH, KEITH A * Customer - SHEELY * FEES STATE TRANSFER TAX $1,040.63 Certification Page STATE WRIT TAX $0.50 STATE JCS /ACCESS TO $23.50 DO NOT DETACH JUSTICE RECORDING FEES — $12 .50 This page is now part RECORDER OF DEEDS PARCEL CERTIFICATION $10.00 of this legal document. FEES AFFORDABLE HOUSING $11.50 COUNTY ARCHIVES FEE $2.00 ROD ARCHIVES FEE $3.00 WEST SHORE SCHOOL $520.32 DISTRICT LOWER ALLEN TOWNSHIP $520.31 TOTAL PAID $2,144.26 I Certify this to be recorded in Cumberland County PA �4 of CUlHeQ e G R' RECORDER O D PE S 17'30 * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 000AJI II{ IIIII11111111111111111111 1 EXHIBIT B AGREEMENT AND RIGHT OF FIRST REFUSAL TO PURCHASE REAL ESTATE This Agreement and Right of First Refusal to Purchase real estate is made on this 26th day of February, 2010, by. and between Green Ridge Leasing, LLC, a Pennsylvania Limited Liability Corporation, of 6375 Basehore Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050, hereinafter referred to as the "Seller" and Keith A. Sultzbaugh, an adult individual, of 906 Hummel Avenue, Lemoyne, .Cumberland County, Pennsylvania, 17043, hereinafter referred to as the "Purchaser ". WHEREAS, Purchaser and their predecessors in title have owned, used, occupied and leased the real property subject to this Right of First Refusal for a period in excess of 40 years and Purchaser desires to obtain a right of first refusal or option to purchase the real estate located at 2720 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania, from Seller, following a real estate settlement scheduled to occur on February 26, 2010; and WHEREAS, Seller agrees to grant Purchaser a right of first refusal or first option to purchase the real estate pursuant to the terms of this Agreement; and NOW, for and in consideration of the sum of ONE DOLLAR ($1.00), together with other good and valuable consideration, the receipt and sufficiency is hereby acknowledged, Seller and Purchaser agree as follows: Paratzranh 1. Right of First Refusal Seller grants unto Purchaser the irrevocable and exclusive right of first refusal or first option to purchase the real estate and improvements thereon located at 2720 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania, including without limitation the following described property and all improvements thereon more fully described as follows BEGINNING at a point in the center line of St. John's Road at the northerly line of land now or formerly of Kenneth K. Hart; thence along said Hart land north 42 degrees 35 minutes east seven hundred three and ninety -nine one hundredths (703.91) feet to a point; thence by land now or formerly of Paul Kreitzer south 78 degrees 45 minutes east four hundred thirty -four and eighty -five one hundredths (434.85) feet to a point; thence by land now or formerly of George Latsha south 38 degrees 30 minutes east eighteen and sixty -seven one - hundredths (18.67) feet to a point; thence by land formerly of John E. Keener, Inc., south 40 degrees 58 minutes west two hundred fifty one and forty-seven one - hundredths (251.47) feet to a point; thence by the same south 42 degrees 26 minutes 30 seconds east two hundred forth (240) feet to a point in the center of Lisburn Road; thence by said Lisburn Road south 40 degrees 58 minutes 30 seconds west four hundred eighty -seven (487) feet, more or less, to a point; thence by the same south 43 degrees 40 minutes 30 seconds west four hundred ninety (490) feet, more or less, to a point in the center of St. John's Road; thence by the center line of St. John's Road north 22 degrees 30 minutes west seven hundred forty -five (745) feet, more or less, to the place of BEGINNING. Paragraph 2. Duties of Seller. Seller hereby agrees that Seller will not transfer the real estate and improvements thereon described above for a period of one (1) year after execution of this Agreement. Thereafter, Seller shall not transfer the real estate and improvements thereon to any other party without tendering written notice to Seller of Seller's determination to transfer or sell the real estate and improvements thereon. Seller is required to provide such notice to Purchaser prior to transferring title of the real estate to any third party or offering the property to a third party. For interpretational purposes of this paragraph, Seller shall not transfer the real estate and improvements thereon to any other person, if applicable, creditor or other claimant without meeting the terms of this Agreement. Paragraph 3. Terms of Purchase In the event Purchaser desires to exercise his (their) first rights of refusal granted under the terms of this Agreement during the first year following the date of this Agreement, Purchaser shall purchase and Seller shall convey to Purchaser all of Seller's interest in the real estate in accordance with the terms hereof; 1. One (1) year settlement. Within a period of one (1) year after execution of this Agreement, Purchaser shall pay Seller an amount of two hundred fifty -two thousand five hundred eighty -one dollars and fifty -four cents ($252,581.54), plus any outstanding accumulated interest, in accordance with the following terms: A. Commencing March 1, 2010 and ending on March 31, 2010, a monthly interest charge shall be paid on the principal amount of two hundred fifty -two thousand five hundred eighty -one dollars and fifty -four cents ($252,581.54) at the rate of five percent (.05 %).and shall be paid by April 1, 2010, provided that this interest rate may increase or decrease depending upon the rate of interest charged to Seller. Seller and Purchaser acknowledge the payment provided herein is intended to equal the monthly interest charge incurred by Seller's bank in association with the principal sum of two hundred fifty -two thousand five hundred eighty -one dollars and fifty -four cents ($252,581.54). B. Commencing on April 1, 2010 and continuing each month thereafter through February 28, 2011, a monthly interest charge shall be paid two hundred fifty -two thousand five hundred eighty -one dollars and fifty -four cents ($252,581.54) at the rate of four percent (.04 %) and shall be paid on first day of each month commencing on May 1, 2010, provided that this interest rate may increase or decrease depending upon the rate of interest charged to Seller. Seller and Purchaser acknowledge the payment provided herein is intended to equal the monthly interest charge incurred by Seller's bank in association with the principal sum of two hundred fifty -two thousand five hundred eighty -one dollars and fifty -four cents ($252,581.54). Seller shall provide notice to Buyer of any change in 2 the rate of interest. C. The principal amount of two hundred fifty-two thousand five hundred eighty - one dollars and fifty -four cents ($252,581.54) shall be paid to Seller on or before February 28, 2011, together with any outstanding accumulated interest due on the principal. Nothing herein shall prohibit Purchaser from paying off the entire principal amount due prior to February 28, 2011. 2. Within thirty (30) days after the Purchaser has exercised their right of first refusal, the Property shall be conveyed to Purchaser in fee by special warranty deed, conveying good and marketable title, subject only to such liens, easements, restrictions, zoning, subdivisions /land development ordinances and other encumbrances of record as may affect the Property on the date hereof and which are acceptable to Purchaser subject to notice to Seller and the right to cure hereinafter provided. Within ten (10) days from the date of execution of this Agreement, Purchaser shall notify Seller of any title defects or monetary encumbrances which affect the Property, and which are not acceptable to Purchaser considering its intended use of the Property. Subject to the following, within five (5) days of any such notice, Seller may notify Purchaser of her intention to cure any or all of such defects, at Seller's sole cost and expense, on or before the Closing Date. However, if Seller fails to provide such notice to Purchaser, it shall be presumed irrefutably that Seller is unable or unwilling to cure such defects and, prior to settlement, Purchaser shall notify Seller whether Purchaser shall take such title as Seller can or is willing to deliver without reduction in purchase price or Purchaser shall terminate this Agreement; and 3. Neither Seller or Purchase shall encumber the real estate or their interest thereon absent written agreement of both Seller and Purchaser; and 4. In the event Purchaser does not exercise his right of first refusal on or within one (1) year from the date of this Agreement, Seller shall have the absolute right to partition the real estate through a civil action in the Court of Common Pleas of Cumberland County, Pennsylvania, or Seller and Purchaser shall re- negotiate the terms of this Agreement at terns and conditions agreeable to both parties. In the event Seller and Purchaser are unable to re- negotiate the terms of this Agreement, nothing herein shall prevent Seller from selling its interest in the real estate to a third party. Paragraph 4. Binding Nature of Agreement This agreement shall be binding upon and apply to the heirs, administrators and assigns of the parties hereto, and shall not be assigned or transferred without the written consent of either party. Paragraph 5. Default In the event of a default of Seller or Purchaser, the defaulting party hereby agrees to assume and pay for any and all reasonable court and attorney fees associated with 3 - } enforcing the terms of this Agreement. Paragraph 6. AnAlicable Law For purposes of this Agreement, this agreement has been reviewed by attorneys for both parties and disputes involving this Agreement shall be resolved in accordance with the laws of the Commonwealth of Pennsylvania and in the County of Cumberland, Pennsylvania. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. WITNESS: SELLER: Green Rid easing, LLC WITNESS: PU `HASER: Keith A. Sultzbaugh COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the day of February, 2010, before me, the undersigned officer, personally appeared W. Wayde Kelly, who acknowledged himself to be the Manager of Green Ridge Leasing, LLC, a Pennsylvania Limited Liability Corporation and that he as such Manager, being authorized to do so, executed the same for the Purposes therein contained by signing the name of said Limited Liability Corporation by himself as such Manager. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public (SEAL) My Commission Expires: y q , -. N=km tx6iiiw Cc. MN. 19, 2010 4 • 0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the Orj+� day of February, 2010, before me, the undersigned officer, personally appeared Keith A. Sultzbaugh, an adult individual, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) Notary Pu lic My Commission Expires: ��. sm OL 19, mil} 5 Ali DRFW C. SHFF,LY t ?17697.7050 Attorney at law 717 -697 -7065 (fax) 127 S. Market Street andrewc.sheely@verizon.net P.O. Box 95 Mechanicsburg, PA 17055 February 25, 2010 Estate of Caroline W. Sultzbaugh Green Ridge Leasing, LLC c/o Keith A. Sultzbaugh, Executor W. Wayde Kelly, Manager 4700 Oakhust Blvd, A -111 6375 Basehore Road Harrisburg, PA 17110 Mechanicsburg, PA 17050 In Re: Title issues Dear Executor Sultzbaugh and Manager Kelly: As you are aware, I represent Green Ridge Leasing, LLC, a Pennsylvania Limited Liability Company managed by W. Wayde Kelly. I am providing Green Ridge Leasing LLC with a Certificate of Title as part of my representation. I am not representing the Estate of Caroline W. Sultzbaugh or Keith A. Sultzbaugh. We completed a title search as part of this settlement. The legal description contained in the existing deed from which the new deed is based does not close. A copy of the plotting of the deed is attached. At some point, you may wish to have the property surveyed, which could have been completed prior to settlement. Also, pending issues regarding inheritance tax and potential real estate transfer tax have been addressed in an escrow agreement which will be presented to each of you simultaneously with this letter. In accordance with your agreement, net proceeds available from this sale due the Estate will be held in my non - interest bearing escrow account in accordance with the escrow agreement. repre am asking that each party sign this letter confirming the status of my sentation and the contents of this letter. gx Estate of Caroline/*. SuAbaugh Green Ri Leasing, L C Keith A. Sultzbaugh, Executor W. Wayde Kelly, Manager Ve M AND ACS/bmk ANDREW C. SHE ELY 717. 697.7050 Attorney at Law 717- 697 -7065 (fax) 127 S. Market Street andrewc.sheely@verizon.net P.O. Box 95 Mechanicsburg, PA 17055 Estate of Caroline W. Sultzbaugh February 25, 2010 c/o Keith A. Sultzbaugh, Executor 4700 Oakhust B1vd,'A -111 Harrisburg, PA 17110 In Re: Estate of Caroline W. Sultzbaugh Escrow Agreement Dear Executor Sultzbaugh: I represent Green Ridge Leasing, LLC, a Pennsylvania Limited Liability Company managed by W. Wayde Kelly. Green Ridge Leasing, LLC is proposing to purchase a one -half (1/2) undivided interest in the farm property at 2720 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania. The purpose of this letter is to confirm that an amount of forty thousand one hundred ninety seven dollars and 79 cents ($40,197.79) will be held in my non - interest bearing escrow account from the sale proceeds of the real estate due the Estate in order to pass clear title to Green Ridge Leasing, LLC. This amount will remain in my escrow account and is intended to address unpaid Pennsylvania Inheritance Tax and interest/penalties thereon associated with the Estate of Caroline W. Sultzbaugh. Yesterday I was informed by the Pennsylvania Department of Revenue that interest on unpaid inheritance tax would be reduced to one -half of the amount due as part of an amnesty program in April of 2010. Accordingly, this letter will confirm that I plan on paying the principal amount of $31,779.00 together with an interest payment of $3,100.00 on or about April 2, 2010 from my escrow account. The balance of the escrow funds will be held in my escrow account pending receipt of a Notice of Acceptance from the Pennsylvania Department of Revenue. In addition, Pennsylvania Realty transfer tax will be due on the one -half ownership interest transferred to Green Ridge Leasing, LLC. At this point, transfer tax will be paid on one -half (1/2) of the assessed value due to the transfer of the' /2 interest to Green Ridge. The transfer tax of $2,087.26, the other half of the transfer tax, should be exempt due to a transfer to a beneficiary of the Estate for which real estate transfer tax is typically not charged. However, in the event any audit by the Pennsylvania Department of Revenue on this transfer causes additional transfer tax to arise as a result of a less than fair market value transfer claim, all or a portion of the Escrow proceeds held in my escrow account will be used to pay for such tax claim, should such arise. a Estate of Caroline W. Sultzbaugh c/o Keith Sultzbaugh, Executor February - 25, 2010 Page 2 Also, unpaid additional probate fees of $250.00 will be paid to the Register of Wills from the settlement proceeds, but if additional probate fees would be determined to be due in the future, they will be paid out of the Escrow proceeds. I anticipate that the Estate will receive a notice from the Department of Revenue regarding the inheritance issue prior to December 31, 2010. However, in the event that the notice has not been received by that date, I reserve the hold back enough from the escrow to cover additional taxes, interest and penalties, if applicable. The settlement sheet will depict the amount held in my escrow. In addition, I am willing to consider requests to release the escrow proceeds for payment of various 2010 and 2010/2011 county, municipal and school taxes upon written agreement and directive. I am asking that each party sign this letter confirming the terms of this escrow agreement. Estate of Caroline . S tzbaugh Green Rid easing, LL Keith A. C aroline gh, ecutor W. Wayde elly, Manager V truly yo N REV C. SHEE ACS/bmk Enclosures c: Green Ridge Leasing, LLC ANDREW W C. ' SHEELY 717 -697 -7050 Attorney at Law 717 - 697 -7065 (fax) 127 S. Market Street andrewc.sheety@verizon.net P.O. Box 95 Mechanicsburg, PA 17055 Estate of Caroline W. Sultzbaugh February 22, 2010 c/o Herbert G. Rupp, Jr., Esquire c/o Keith Sultzbaugh, Executor 4700 Oakhust Blvd, A -111 Harrisburg, PA 17110 In Re: Estate of Caroline W. Sultzbaugh Letter of Intent Dear Attorney Rupp and Executor Sultzbaugh: I represent Green Ridge Leasing, LLC, a Pennsylvania Limited Liability Company managed by W. Wayde Kelly. Green Ridge Leasing, LLC hereby submits this Letter of Intent in association with closing on the purchase of a one -half undivided interest in the farm owned by the Estate for an amount approaching $250,000.00. Presently, it is our understanding that the Estate is subject to a foreclosure proceeding with a payoff of $201,874.92, outstanding real estate taxes (not current taxes in 2010) of $10,321.29, transfer tax based upon assessed value of approximately $2,100.00 and closing costs. These amounts will approach $250,000.00. In association with payment of this amount, Green Ridge Leasing, LLC would become a fee simple owner of one -half (* 1/2) of the farm property and Green Ridge Leasing, LLC would agree to execute a right of first refusal granting Keith Sultzbaugh or the Estate the right to purchase the interest of Green Ridge Leasing, LLC for a period of one year at an amount equal to the investment of Green Ridge Leasing, LLC, with interest at a variable interest rate above four (.04 %) percent. In the event you or the Estate is not capable of purchasing the interest of Green Ridge Leasing, LLC in accordance with the terms of the right of first refusal, Green Ridge could pursue a partition of the real estate or renegotiate terms of repayment after one year. We understand that your brother's family maintains an interest in the Estate. We believe that this approach is fair under the circumstances as it will eliminate the outstanding debts which could cause a complete loss of Estate assets, permit the residential real estate to be sold later this year and thereafter cash to be divided or distributed at that time. Essentially, this proposal would constitute an advance of at least $250,000.00 to Keith Sultzbaugh, and would permit an advance to your brother's heirs from the sale proceeds of the residential property which may occur later this year. Whether or not you execute a note or other form of agreement with your brother's heirs is up to you at terms which you and they need to agree. Time is of the essence in these matters because of a pending sheriffs sale scheduled for March 3, 2010. 1 e a Estate of Caroline W. Sultzbaugh c/o Herbert G. Rupp, Jr., Esquire c/o Keith Sultzbaugh, Executor February 22, 2010 Page 2 Enclosed please find a draft deed, a draft right of first refusal and a copy of a Payoff faxed to me from the bank last week. We will need an agreement of sale to formalize these discussions contained in this Letter of Intent which is intended to be used for negotiation purposes in arriving at a satisfactory agreement with all interested parties. We should be prepared to settle this matter on Friday. Please confirm whether or not the terms contained herein are acceptable to all interested parties. Very truly yours, AN 4W C. SHEE ACS/bmk Enclosures c: Green Ridge Leasing, LLC LAW OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 5006 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 Ph: (717) 591 -1755 F: (717) 591 -1756 prussoebirlaw.com GREEN RIDGE LEASING, LLC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - EQUITY KEITH A. SULTZABAUGH, NO. CIVIL Defendant PARTITION OF REAL PROPERTY VERIFICATION I, GLENDA F. KELLY, being duly authorized by Green Ridge Leasing, LLC to verify that the statements made in the forgoing document are true and correct, understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities and therefore I verify that the statements made in the forgoing complaint are true and correct. Glenda F. Kelly Dated: 9-- -6- SHERIFF'S OFFICE OF CUMBERLAND COUNTY - -F Ronny R Anderson EU-Uj-,,-I`� 1 40 Sheriff IiE p4a� Jody S Smith Chief Deputy ph 2` 21 Richard W Stewart CUMBER AND COUNTY Solicitor OFIFICE Or Tf.-E MR[rr Green Ridge Leasing, LLC vs. Case Number Keith A Sultzabaugh 2013-2251 SHERIFF'S RETURN OF SERVICE 05/29/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Keith A Sultzabaugh, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint&Notice as"Not Served"at 2720 Lisburn Road, Lower Allen, Camp Hill, PA 17011. Several attempts at service were made but deputies were unable to effecuate service before Complaint expired. SHERIFF COST: $96.26 SO ANSWERS, May 29, 2013 RbNIV R ANDERSON, SHERIFF (c)CountySufto Sheriff,Toleosoft,Inc, LAW OFFICES OF PETER J. RUSSO, P.C. lo�u� 1 fr Pliiff By: Peter J. Russo, Esquire Fri 14. PA Supreme Court ID # 72897 CUMBERLAN a C:OUN 1 `f 5006 East Trindle Road, Suite 203 PENS,'SYLV NIA Mechanicsburg, PA 17050 Ph: (717) 591-1755 F: (717) 591-1756 prusso(c�,pi rlaw.com GREEN RIDGE LEASING, LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-EQUITY KEITH A. SULTZABAUGH, NO. 13-2251 CIVIL Defendant PARTITION OF REAL PROPERTY PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint originally filed in the above stated action on April 24, 2013. Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Road, Suite 203 Mechanicsburg, PA 17050 Peter J. Russo, Esquire I.D.No. 72897 Date: �Q r .+L. ^pP yam"C• � �"':'S LAW OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Ph: (717) 591-1755 F: (717) 591-1756 prussogpjrlaw.com GREEN RIDGE LEASING, LLC, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-EQUITY KEITH A. SULTZABAUGH, NO. 13-2251 CIVIL Defendant PARTITION OF REAL PROPERTY CERTIFICATE OF SERVICE I, Ashley R. Malcolm, hereby certify that I am on this day serving a copy of Complaint upon the person(s) and in the manner indicated below: CUMBERLAND COUNTY SHERIFF Keith A. Sultzabaugh APEX 3465 Trindle Road, Suite 1 Mechanicsburg, PA 17050 Ashley R. Malco ,Paralegal Date: �I I SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson FILF.L-C Ff*'ICE Sheriff tY OF Q �; NC={ ti �pxrs,tr��ph�e�,��r��. _k Jody S Smith ; Chief Deputy 7 201 JUN 28 QM 10` w .r a Richard W Stewart r � CUMBERLAND COUNTY Solicitor r' ; ESRERI t' PENNSYLVANIA Green Ridge Leasing, LLC Case Number vs. Keith A Sultzabaugh 2013-2251 SHERIFF'S RETURN OF SERVICE 06/21/2013 03:44 PM -Deputy Tim Black, being duly sworn according to law, served the requested Complaint& Notice by"personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Keith A Sultzabaugh at 3456 Trindle Road, Suite 1, Camp Hill Borough, Mechanicsburg, PA 17050. TIM LA K, DEPUTY SHERIFF COST: $39.76 SO ANSWERS, June 24, 2013 RbNW R ANDERSON, SHERIFF (c)CountySuile Sheriff,Teleosoft.Inc. GREEN RIDGE LEASING, LLC, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION—EQUITY e� o Docket No.: 13-2251 KEITH A. SULTZABAUGH, rn xrrl Moo = Defendant : PARTITION OF REAL PROPERTY-r< o <v TD ANSWER TO COMPLAINT =a co -‹ fV NOW COMES, Defendant, Keith A. Sultzbaugh, by and through his attorneys, Capozzi _,, Adler, P.C., and files the following in support of his Answer to Complaint: 1. Admitted to the best of Mr. Sultzbaugh's information and belief. 2. Denied. Keith A. Sultzbaugh currently resides at 2720 Lisburn Road, Camp Hill, Pennsylvania. 3. Admitted. 4. Denied. The property was conveyed from Keith A. Sultzbaugh as Executor of the Estate of Caroline W. Sultzbaugh. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. The Agreement and Right of First Refusal to Purchase Real Estate is a document which speaks for itself and any allegations contrary to the language of the document is strictly denied. 9. Admitted. 10. Admitted. Mr. Sultzbaugh is preparing the property for sale and requests 1 additional time to market and sell the property. 11. Strictly denied. Mr. Sultzbaugh is preparing the property for sale and requests additional time to market and sell the property to maximize the recovery for all parties. WHEREFORE, Defendant, Keith A. Sultzbaugh, respectfully requests that this Court enter an Order dismissing Plaintiff's Complaint and grant such other relief as this Court may deem just and proper. Respectfully submitted, CAPOZZI ADLER, P.C. Dated: r g 9/ff By: ' Marc A. rum, Esquire Attornv y I.D. No.: 91273 P. O. :ox 5866 Ha.isburg, PA 17110 (717) 233-4101 Attorney for Defendant 2 GREEN RIDGE LEASING, LLC, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION—EQUITY : Docket No.: 1 3-225 1 KEITH A. SULTZABAUGH, Defendant : PARTITION OF REAL PROPERTY VERIFICATION I, Keith A. Sultzbaugh, do hereby verify that the facts made in the foregoing Answer to Complaint are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in Title 18 of the Pennsylvania Consolidated Statutes Section 4904, relating ty unsworn falsification to authorities. Date: 4'17. (74/, 0.01;1‘ 4641/ eith A. Sultzbaugh 3 GREEN RIDGE LEASING, LLC, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff • v. : CIVIL ACTION—EQUITY : Docket No.: 13-2251 KEITH A. SULTZABAUGH, • Defendant : PARTITION OF REAL PROPERTY CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served on the following by causing the same to be placed in the United States mail, first class, postage prepaid, addressed as follows: Law Offices of Peter J Russo, P.C. 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 f Dated: ,l " / ,. Marc A. m, Esquire Attorney .D. No.: 91273 Capoz Adler, P.C. P. O Cox 5866 Harrisburg, PA 17110 (717) 233-4101 Attorney for Defendant 4 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). Green Ridge Leasing, LLC (Plaintiff) vs. Keith A. Sultzabaugh (Defendant) vs. (check one) ❑■ Civil Action — Law ❑ Appeal from arbitration (other) No. 13-2251 Civil Term Indicate the attorney who will try case for the party who files this praecipe: Peter J. Russo, Esq. Law Offices of Peter J. Russo, P.C. A-17 C) L --i Cr, r Indicate trial counsel for other parties if known: Craig Adler, Esquire 1200 Camp Hill Bypass Camp Hill, PA 17011 This case is ready for trial. Signe..��„` Print Name: Peter J. Russo Date: 5/23/2014 Attorney for: Plaintiff CV-S7Lz �i`3f16346 GREEN RIDGE LEASING, LLC,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KEITH A. SULTZABAUGH NO. 2013 - 2251 CIVIL TERM Defendant ORDER OF COURT AND NOW, this 6711 day of JUNE, 2014, a pretrial conference in the above captioned matter is SCHEDULED for M,/L g . l„goO ES/ 3IAillei4VitA45619.in Courtroom # 3 of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five (5) days prior to the pretrial conference. 4ter J. Russo, Esquire ../'Eraig Adler, Esquire Court Administrator _L1tc_ .40_P :sld 'es /r&I //V sn1 By the Court, Edward . Guido, J. CD GREEN RIDGE LEASING, LLC,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA f) r v. NO. 13-2251 CIVIL TERI E m Defendant PARTITION OF REAL PROR4":TYcz t cJ y� t; cry IN RE: PRETRIAL CONFERENCE 4 71 c P3 KEITH A. SULTZABAUGH, A pretrial conference was held on Thursday, rri - • July 3, 2014, before the Honorable Edward E. Guido, Judge. Present for the Plaintiff was Peter J. Russo, Esquire, and present for the Defendant was Marc A. Crum, Esquire. This is a partition of real estate that should take no more than one half day to try. The trial will commence at 1:30 p.m. on Thursday, August 28, 2014. We are somewhat confused as to the remedies being sought by the Plaintiff. Therefore, each party is directed to file a trial brief in support of their respective positions on or before August 13, 2014. The parties are directed to exchange exhibits on or before August 1, 2014. Any objections to the exhibits other than relevance must be made in the form of a motion in limine. All motions in limine, with supporting authority, shall be filed no later than August 11, 2014. Replies, with supporting authority, shall be filed by August 22, 2014. The parties have discussed possible settlement in the form of a subdivision of real estate. Another possible alternative discussed would be to have a receiver appointed to dispose of the property and divide the proceeds. By the Court, Edward E. Guido, J. ✓Peter J. Russo, Esquire Attorney for Plaintiff rc A. Crum, Esquire Capozzi & Associates Attorney for Defendant srs CAPOZZI ADLER, P.C. Marc A. Crum, Esquire Attorney I.D. No.: 91273 P. O. Box 5866 Harrisburg, PA 17110 (717) 233-4101 Fax (717-233-4103 marcc@capozziadler.com FILED -OFFICE OF THE PROTHONOTARY 2014 AUG 1 1 AM 9; 02 CUMBERLAND COUNTY PENNSYLVANIA Attorney for Defendant GREEN RIDGE LEASING, LLC, Plaintiff v. KEITH A. SULTZABAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION — EQUITY : Docket No.: 13-2251 : PARTITION OF REAL PROPERTY DEFENDANT'S MOTION IN LIMINE NOW COMES, Defendant, Keith A. Sultzbaugh ("Mr. Sultzbaugh"), by and through his attorneys, Capozzi Adler, P.C., and files the following Motion to preclude Plaintiffs evidence regarding formation of the Agreement and Right of First Refusal to Purchase Real Estate: 1. Per the Scheduling Order entered by the Honorable Edward E. Guido on July 8, 2014, Plaintiffs counsel provided copies of Exhibits Plaintiff intends to introduce at trial. 2. The Exhibits include a copy of the Agreement and Right of First Refusal to Purchase Real Estate ("Agreement") and copies of letters .to Plaintiff and Mr. Sultzbaugh and a letter to Mr. Sultzbaugh. 3. The Agreement provides, "For purposes of this Agreement, this agreement has been reviewed by attorneys for both parties and disputes involving this Agreement shall be resolved in accordance with the laws of the Commonwealth of Pennsylvania and in the County of Cumberland, Pennsylvania." 1 4. The Agreement is a contract drafted by Plaintiffs counsel and was reviewed by Plaintiffs counsel prior to Plaintiffs execution of the Agreement, therefore any testimony or exhibits concerning any prior discussions or agreements between the parties are barred by the parol evidence rule. 5. The Pennsylvania Supreme Court has explained the parol evidence rule as follows: Where the parties, without any fraud or mistake, have deliberately put their engagements in writing, the law declares the writing to be not only the best, but the only, evidence of their agreement. All preliminary negotiations, conversations and verbal agreements are merged in and superseded by the subsequent written contract . . . and unless fraud, accident or mistake be averred, the writing constitutes the agreement between the parties, and its terms and agreements cannot be added to nor subtracted from by parol evidence. Yocca v. Pittsburgh Steelers Sports, Inc., 854 A.2d 425, 436 (pa. 2004) (quoting Gianni v. Rusell, 126 A. 791, 792 (Pa. 1924)). 6. In order for the parol evidence rule to apply, "there must be a writing that represents the entire contract between the parties." Id. 7. A writing is the entire contract between the parties "if it appears to be a contract complete within itself, couched in such terms as import a complete legal obligation without any uncertainty as to the object or extent of the [parties] engagement ..." Id. 8. The Supreme Court of Pennsylvania further reasoned, "Once a writing is determined to be the parties' entire contract, the parol evidence rule applies and evidence of any previous oral or written negotiations or agreements involving the same subject matter as the contract is almost always inadmissible to explain or vary the terms of the contract." Id at 436- 37. 9. Because the Agreement was reviewed by Plaintiffs attorney prior to executing it 2 and comprises all of the terms essential to the parties' continued relationship, the Agreement is the entire contract between the parties. 10. Therefore, all evidence presented by Plaintiff of negotiations or representations made by either party prior to the execution of the Agreement is parol evidence which is not admissible as a matter of law. 11. Defendant's counsel sought the concurrence of Plaintiffs counsel and concurrence was not granted. WHEREFORE, Defendant, respectfully requests that this Court enter an Order precluding Plaintiff from arguing or offering evidence or testimony related to discussions or negotiations prior to executing the Agreement and Right of First Refusal to Purchase Real Estate. Dated: By: 3 Respectfully submitted, CAPOZZI ADLER, P.C. arc A. Prum, Esquire AttornejI.D. No.: 91273 P. O. ox 5866 Ha isburg, PA 17110 (717) 233-4101 Attorney for Defendant GREEN RIDGE LEASING, LLC, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION — EQUITY : Docket No.: 13-2251 KEITH A. SULTZABAUGH, Defendant : PARTITION OF REAL PROPERTY CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served on the following by causing the same to be placed in the United States mail, first class, postage prepaid, addressed as follows: Dated: Law Offices of Peter J Russo, P.C. 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 4 arc A. C m, Esquire Attorne .D. No.: 91273 Capo zi Adler, P.C. P. . Box 5866 Harrisburg, PA 17110 (717) 233-4101 Attorney for Defendant LAW OFFICES OF PETER J. RUSSO, P.C. By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Ph: (717) 591-1755 F: (717) 591-1756 prussogpjrlaw.com Counsel for naiiff • GREEN RIDGE LEASING, LLC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -EQUITY KEITH A. SULTZABAUGH, : NO. 13-2251 CIVIL Defendant : PARTITION OF REAL PROPERTY PLAINTIFF'S UNCONTESTED MOTION FOR CONTINUANCE OF TRIAL AND NOW, COMES the Plaintiff, Green Ridge Leasing, LLC, (hereinafter "Green Ridge") by and through its counsel, Law Offices of Peter J. Russo, P.C. and avers the following in support of its motion for continuance: 1. The parties had a Pre-trial Conference before the Honorable Edward E. Guido on July 8, 2014. 2. The Court issued a Scheduling Order on July 8, 2014 which included a trial date of August 28, 2014. 3. Since the Pre-trial Conference, the owner of Green Ridge Leasing and primary witness, Glenda Kelly suffered an accident which first hospitalized her then placed her in rehabilitative care. 4. Glenda Kelly will not be able to participate as a witness on August 28, 2014. 1, 5. The parties have discussed the possibility of continuing the trial for 60 days and they have agreed that a continuance would be appropriate in the circumstances. 6. The parties are also requesting the Court to extend the prior Scheduling Order dates by 60 days to coincide with a new trial date. Date: cI I(i (`{ Respectfully submitted, J. RUSSO, P.C. Peter J. Russo, squire Attorney ID No. 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: 717-591-1755 LAW OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Ph: (717) 591-1755 F: (717) 591-1756 prusso@pjrlaw.com GREEN RIDGE LEASING, LLC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -EQUITY KEITH A. SULTZABAUGH, : NO. 13-2251 CIVIL Defendant : PARTITION OF REAL PROPERTY CERTIFICATE OF SERVICE I, Ashley R. Malcolm, hereby certify that I am on this day serving a copy of foregoing document upon the person(s) and in the manner indicated below: US REGULAR MAIL Marc A. Crum, Esquire Capozzi & Associates 1200 Camp Hill Bypass Camp Hill, PA 17011 Date: " VA `\--\ Ashley R. Malcolm, Paralegal LAW OFFICES OF PETER J. RUSSO, P.C. By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Ph: (717) 591-1755 F: (717) 591-1756 prusso@pjrlaw.com F;LEO-OFFICE THE PROTHONOTARY TARY 2014 AUG 15 AM 11 ¶Iajunsel for Plaintiff CUMBERLAND COUNTY PENNSYLVANIA GREEN RIDGE LEASING, LLC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -EQUITY KEITH A. SULTZABAUGH, Defendant : NO. 13-2251 CIVIL : PARTITION OF REAL PROPERTY PLAINTIFF'S RESPONSE TO MOTION IN LIMINE AND NOW, COMES the Plaintiff, Green Ridge Leasing, LLC, (hereinafter "Green Ridge") by and through its counsel, Law Offices of Peter J. Russo, P.C. and avers the following in support of its response to Defendant's Motion in Limine: 1. Admitted. 2. Admitted with qualifications. While the averments contained in paragraph 2 are admitted, the same exhibits were attached to Plaintiffs Complaint. 3. Admitted. 4. Denied. While the Agreement was drafted by counsel for both parties, counsel failed to include an integration clause in the Agreement. Given the existence of counsel for both parties, it must be concluded that an integration clause was purposefully omitted in the Agreement. Since the Agreement lacks an integration clause or similar clause which clearly expresses that the agreement contained the complete agreement of the parties, the Parol Evidence Rule does not control. 5. Admitted with qualifications. Defendant has accurately set forth the explanation of the Parol Evidence Rule however it is inapplicable since the parties never included an integration clause which clearly expressed that the agreement contained the complete agreement of the parties. As such, the Parol Evidence Rule is not applicable. This specific issue has been reviewed by the Superior Court in Voracek v. Crown Castle USA Inc., 907 A.2d 1105 (Pa. Super. 2006) which stated: Although parol evidence generally cannot be introduced to change the terms of a writing which contains an integration clause because such a clause is intended to represent the complete expression of the parties' agreement, Kehr Packages v. Fidelity Bank, N.A., 710 A.2d 1169, 1174 (Pa. Super. 1998), extrinsic evidence is admissible for the purpose of showing that by reason of mistake, fraud or accident, the written instrument does not express the actual intention of the parties. Hart v. Arnold, 884 A.2d 316 (Pa. Super. 2005). 6. Admitted with qualifications. Defendant has accurately set forth when the Parol Evidence Rule should apply however it is inapplicable since the agreement does not contain a writing which clearly expressed that the agreement contained the complete agreement of the parties. 7. Admitted. 8. Admitted with qualifications. Since the writing does not clearly express that the agreement contained the complete agreement of the parties and as such Plaintiff should be entitled to show there was a mutual mistake in the drafting of the Agreement as set forth by the Superior Court in Voracek v. Crown Castle USA Inc., 907 A.2d 1105 (Pa. Super. 2006). 9. Denied. The fact that an either party's attorney reviewed a document does not, in and of itself, create the requisite expression that the agreement contained the complete agreement of the parties sufficient to invoke the Parol Evidence Rule. Absent the clear expression that the agreement contained the complete agreement of the parties, the Parol Evidence Rule does not apply. 10. Denied. The law supports Plaintiffs position that the Parol Evidence Rule does not apply and evidence may be introduced to show the mutual mistake of the parties relative to the temis of the Agreement. 11. Admitted. Respectfully submitted, CES tL R J. RUSSO, P.C. Peter . uss Attorney ID No. 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: 717-591-1755 LAW OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Ph: (717) 591-1755 F: (717) 591-1756 prusso@,pjrlaw.com GREEN RIDGE LEASING, LLC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -EQUITY KEITH A. SULTZABAUGH, : NO. 13-2251 CIVIL Defendant : PARTITION OF REAL PROPERTY CERTIFICATE OF SERVICE I, Ashley R. Malcolm, hereby certify that I am on this day serving a copy of foregoing document upon the person(s) and in the manner indicated below: US REGULAR MAIL Marc A. Crum, Esquire Capozzi & Associates 1200 Camp Hill Bypass Camp Hill, PA 17011 Date: \ 1 N Ashley alcolm Paralegal 0 GREEN RIDGE LEASING, LLC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -EQUITY KEITH A. SULTZABAUGH, : NO. 13-2251 CIVIL Defendant : PARTITION OF REAL PROPERTY ORDER AND NOW, this /rtir‘ day of August, 2014, upon the uncontested motion of the Plaintiff to continue the trial in the above -caption matter, the motion is hereby GRANTED. Trial in this matter shall be set for the day of October, 2014 beginning at 13 am/Pat in Courtroom Number 3. All other dates set forth in the Court's July 8, 2014, Scheduling Order shall be extended for 60 days. Distribution List: Edward E. Guido, Judge er J. Russo, Esquire - 5006 East Trindle Road, Suite 203, Mechanicsburg, PA 17050 Marc A. Crum, Esquire - 1200 Camp Hill Bypass, Camp Hill, PA 17011 Ces /112 LD GREEN RIDGE LEASING, LLC, : IN THE COURT OF COMMON PLEAROF : CUMBERLAND COUNTY, PENNSYiJAN-TA -a: GREEN RIDGE LEASING, LLC, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION — EQUITY : Docket No.: 13-2251 KEITH A. SULTZABAUGH, Defendant : PARTITION OF REAL PROPERTY CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served on the following by causing the same to be placed in the United States mail, first class, postage prepaid, addressed as follows: Dated: Peter J. Russo, Essquire 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 2 Marc A. ' rum, Esquire Attorney 1.D. No.: 91273 Capo zi Adler, P.C. P. O Box 5866 Ha isburg, PA 17110 (717) 233-4101 Attorney for Defendant LAW OFFICES OF PETER J. RUSSO, P.C. By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Ph: (717) 591-1755 F: (717) 591-1756 prusso@pjrlaw.com GREEN RIDGE LEASING, LLC, Plaintiff V. KEITH A. SULTZABAUGH, Defendant Ui 1L,' HE PRO THON6unsel for Plaintiff 2011i SEP 26 PM 3: 46 CUMBERLAND COUNPf PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -EQUITY : NO. 13-2251 CIVIL : PARTITION OF REAL PROPERTY JOINT MOTION FOR CONTINUANCE OF TRIAL AND NOW, COMES the Plaintiff, Green Ridge Leasing, LLC, (hereinafter "Green Ridge") by and through its counsel, Law Offices of Peter J. Russo, P.C. and avers the following in support of its motion for continuance: 1. The parties had a Pre-trial Conference before the Honorable Edward E. Guido on July 8, 2014. 2. The Court issued a Scheduling Order on July 8, 2014 which included a trial date of August 28, 2014. 3. The Plaintiff requested a continuance of the August 28, 2014 trial which was granted and the trial was rescheduled for October 31, 2014. 4. The parties have resolved their differences and are in the process of preparing a stipulation for the Court to enter as an Order in this matter. 5. The parties require the services of certain professionals in order to prepare the stipulation which could take in excess of 60 days to complete. 6. Defendant, by and through his counsel, joins in this request. 7. The parties have agreed to a general continuance in order to prepare the stipulation. Respectfully submitted, LAW F CES OF PETER J. RUSSO, P.C. Peter J. Russo, squ Attorney ID No. 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: 717-591-1755 Date: a 0. LAW OFFICES OF PETER J. RUSSO, P.C. By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Ph: (717) 591-1755 F: (717) 591-1756 prusso@pjrlaw.com Counsel for Plaintiff GREEN RIDGE LEASING, LLC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION -EQUITY KEITH A. SULTZABAUGH, : NO. 13-2251 CIVIL Defendant : PARTITION OF REAL PROPERTY CERTIFICATE OF SERVICE I, Ashley R. Malcolm, hereby certify that I am on this day serving a copy of foregoing document upon the person(s) and in the manner indicated below: US REGULAR MAIL Nicholas J. Luciano, Esquire Capozzi & Associates 1200 Camp Hill Bypass Camp Hill, PA 17011 Date: "r "(9\ Ca `"t 3 GREEN RIDGE LEASING, LLC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-EQUITY KEITH A. SULTZABAUGH, : NO. 13-2251 CIVIL Defendant : PARTITION OF REAL PROPERTY • ORDER AND NOW, THISS' of ��(( / UG/Oi� 2014, upon consideration of the Joint Motion for Continuance, the trial scheduled for October 31, 2014 in this matter shall be generally continued in order for the parties to prepare and submit a stipulation to the Court which shall resolve this matter. BY THE CO T Edward E. Guido, Judge D' tribution List: ,/ er J. Russo, Esquire, 5006 East Trindle Road, Suite 203, Mechanicsburg, PA 17050 holas J. Luciano, Esquire, 1200 Camp Hill Bypass, Camp Hill, PA 17011 Ct:513, ,`S c12..•L€ �o .J•y c_a ver_ =C- 4 LAW OFFICES OF PETER J. RUSSO, P.C. 7- !': •L'',7: 1 0 r: 11: counsel for Plaintiff By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Ph: (717) 591-1755 F: (717) 591-1756 prusso@pjrlaw.com GREEN RIDGE LEASING, LLC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. KEITH A. SULTZABAUGH, : CIVIL ACTION -EQUITY : NO. 13-2251 CIVIL Defendant : PARTITION OF REAL PROPERTY EMERGENCY MOTION FOR ENFORCEMENT OF SETTLEMENT AGREEMENT AND NOW, COMES the Plaintiff, Green Ridge Leasing, LLC, (hereinafter "Green Ridge") by and through its counsel, Law Offices of Peter J. Russo, P.C. and avers the following in support of its motion for continuance: 1. The parties had a Pre-trial Conference before the Honorable Edward E. Guido on July 8, 2014. 2. The Court issued a Scheduling Order on July 8, 2014 which included a trial date of August 28, 2014. 3. The Plaintiff requested a continuance of the August 28, 2014 trial which was granted and the trial was rescheduled for October 31, 2014. 4. The parties held a four party conference on September 26, 2014 in an effort to find a resolution to the matter. 5. The parties came to a settlement agreement during their September 26, 2014 four party conference which divided the subject property and addressed outstanding real estate taxes. 6. Due to time restrains the parties agreed to notify the court of the agreement and thereafter a formal settlement agreement would be drafted and circulated for execution. 7. On September 26, 2014, the undersigned wrote to the Honorable Edward E. Guido advising his Honor of the resolution of the matter. 8. On September 26, 2014, the parties filed a Joint Motion for Continuance for Trial as a result of the resolution from the four party conference. 9. On October 1, 2014 the Honorable Judge Edward E. Guido entered an Order generally continuing the matter so the parties could prepare and submit a stipulation to the Court to resolve the matter. 10. On October 8, 2014 Plaintiff forwarded a draft of the Stipulation of the Parties to Defendant's Counsel which is attached hereto as Exhibit "A". 11. Plaintiff has been notified that Defendant has refused to sign the Stipulation of the Parties. 12. Plaintiff's counsel sought the concurrence of Defendant's counsel and concurrence was not granted. WHEREFORE, Plaintiff requests this Honorable Court to direct and order Defendant to sign the Stipulation of the Parties as agreed upon at the conference on September 26, 2014, direct Defendant to pay counsel fees and costs associated with the enforcement of the settlement agreement and any other relief deemed appropriate by the Court. Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. Peter J. Russo, Esquire Attorney ID No. 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Telephone: 717-591-1755 Date: 11 5 1 EXHIBIT A GREEN RIDGE LEASING, LLC, Plaintiff v. KEITH A. SULTZABAUGH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -EQUITY : NO. 13-2251 CIVIL : PARTITION OF REAL PROPERTY STIPULATION OF THE PARTIES AND NOW, COME the parties in the above -captioned matter, Green Ridge Leasing, LLC, (hereinafter "Green Ridge") by and through its counsel, Law Offices of Peter J. Russo, P.C. and Defendant, Keith A. Sultzbaugh by and through his counsel, Capozzi Adler, P.C. and set forth the following stipulations: 1. A complaint was filed in the above captioned matter on April 24, 2013. 2. The matter emanates from Green Ridge lending money to the Defendant, Keith A. Sultzbaugh, money which was secured by a one half interest in the real property located at 2720 Lisburn Road, Camp Hill, Pennsylvania 17011 also known as tax parcel number 13-10-0258-007 ("Property"). 3. The parties have agreed to enter into this Agreement to avoid burdensome and protracted litigation, and to resolve disputed claims. 4. In consideration of the mutual covenants and promises herein contained, and for good and valuable consideration, intending to be legally bound hereby, the parties agree as follows: a. The Property shall be divided with Plaintiff being entitled to ten (10) acres of the Property and Defendant receiving the remaining four (4) acres +/-. b. The aforementioned ten (10) acres of land being provided to Plaintiff shall be apportioned as closely as possibly to the attached drawing on Exhibit A which was not drawn to scale. i. Specifically, as nearly as possible, a straight line which is perpendicular to Lisburn Road shall be drawn dissecting the Property in order to provide Plaintiff with ten (10) acres of land. ii. The exact location of the aforementioned line shall be determined by an engineer engaged by the Plaintiff and subject to the approval of the appropriate governmental authorities. c. Under no circumstances shall the aforementioned property apportioned to the Plaintiff include any portion of the house or barn on the Property. d. Under no circumstances shall the aforementioned Property apportioned to the Plaintiff infringe upon any setbacks required for the house or barn on the Property. e. Plaintiff shall be responsible for all the costs and fees associated with the sub- division of the aforementioned ten (10) acres of land. f. Plaintiff shall be responsible for the preparation of all deeds required to complete the sub -division of the aforementioned ten (10) acres of land. g. Plaintiff shall be responsible for the payment of any real estate or school taxes due from tax years 2013 or earlier. i. In the event the aforementioned sub -division is not completed prior to the expiration of either the school tax year or the real estate tax year, Plaintiff shall be responsible for the payment of those taxes. h. Any real estate or school taxes due from the tax year on the date of the final approval of the sub-division shall be apportioned on a pro-rated basis based upon the acres owned and the duration of ownership. 5. Plaintiff agrees to commence the necessary steps to sub-divide the Property as set forth herein within 30 days of the execution of this Stipulation. 6. Defendant agrees to provide any and all cooperation required by the professionals who are engaged by the Plaintiff in order to effectuate the intent of this Stipulation. 7. Upon the execution of this Stipulation an Order of Court shall be entered awarding Plaintiff the aforementioned ten (10) acres of the Property and Defendant the remaining four (4) acres +1- simultaneously ending the matter docket at NO.13-2251 with the Cumberland County Prothonotary's Office. 8. For the good and valuable consideration set forth herein, and intending to be legally bound hereby, the parties mutually, for themselves and on behalf of its directors, members, shareholders, officers, agents, employees, servants, successors, heirs, beneficiaries, contingent beneficiaries, executors, trustees, administrators, and assigns, if any, hereby remises, releases, and forever discharges the other and their respective directors, shareholders, officers, agents, employees, servants, successors, heirs, beneficiaries, contingent beneficiaries, executors, trustees, administrators, and assigns, if any, of and from any and all manner of actions and causes of action, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, judgments, settlements, damages, claims, and demands whatsoever, in law and in equity, relating solely to claims in connection with, related to, or arising out of any claim or allegation that was or could have been asserted in connection with, related to, or arising out of the matter docket at NO.13-2251 with the Cumberland County 's Officwhich either party ever had, now had, or hereafter can, shall, or may have, from the beginning of the world, to the date of this Stipulation, except for claims to enforce any party's right under this Stipulation. 9. The parties acknowledge that they enter into this Stipulation with the opportunity for advice and consent of counsel, and that they do so knowingly and voluntarily, with a coniplete understanding of the terms and conditions ofthis Stipulation. 10. This Stipulation may be executcd in counterparts by the parties hereto, each of which shall be deemed to be an original, and all of which shall be one and the same document. 11. A facsimile of this Stipulation which bears the signature of a party shall be deemed an originally cxecuted Agreement. 12. The individuals who have executed this Stipulation represent that each possesses the proper authority to enter into this Stipulation on behalf the Plaintiff and Defendant, respectively and said individual is executing this Stipulation with the intent to bind their entity and to induce the other's execution of this Stipulation. 13. This Stipulation shall be binding upon and inure to the benefit of the parties hereto, and their respective past, present and future directors, shareholders, officers, agents, employees, servants, successors, heirs, beneficiaries, contingent beneficiaries, executors, administrators, and assigns, and any parentsubsidiary, and affihiate and their directors, members, shareholders, officers, agents, employees, servants, successors, heirs, beneficiaries, contingent beneficiaries, executors, administrators, and 14. This Stipulation shall be governed by the laws of Pennsylvania, without regard to choice of law principles. 15. This Stipulation is the entire agreement among the parties, and may be modified only by a writing signed by the parties or their duly appointed agents. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. KEITH A. SULTZABAUGH Witnessed this day of October, 2014 By: Keith A. Sultzabaugh Craig L. Adler GREEN RIDGE LEASING, LLC Witnessed this day of October, 2014 By: Glenda F. Kelly Peter J. Russo Title: Managing Member operty Mapper '_.umberiand County, PA ' f3 7 3GAc. 10 /71!'"' • +. / "aa 7 leA z 18C I8D s, "y ,/,'',4,' • .A•v 0'.2Ac ,:li, ? 'v.= . . r! •,„„., .,,,, -• kr,,, ,./.4.' Nk• ,' /C7. : 2,4 Ac,- , \- 15:' • .. , 1 -.; 5,5,, -,0-;,•.• '.- ,.5,!..?,,,I, - .4 ,,. i 5, % • 180 ‘‘.14 wvi rwright 2011 esri. All riohts reserved. Wed Apr 16 2014 05:56:20 PM. 15 -EX 54.45Ac. TO 20,00 Ac iaahI 34.45Ac. Exer 305 West Shady Lane, Enola, PA 17025-2240 Phone 717-732-5052 Fax 717-732-6646 LAW OFFICES OF PETER J. RUSSO, P.C. Counsel for Plaintiff By: Peter J. Russo, Esquire PA Supreme Court ID # 72897 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Ph: (717) 591-1755 F: (717) 591-1756 prusso(a,pjrlaw.com GREEN RIDGE LEASING, LLC, Plaintiff v. KEITH A. SULTZABAUGH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA • : CIVIL ACTION -EQUITY : NO. 13-2251 CIVIL • : PARTITION OF REAL PROPERTY CERTIFICATE OF SERVICE I, Ashley R. Malcolm, hereby certify that I am on this day serving a copy of foregoing document upon the person(s) and in the manner indicated below: US REGULAR MAIL Craig I. Adler, Esquire Nicholas J. Luciano, Esquire Capozzi Adler 1200 Camp Hill Bypass Camp Hill, PA 17011 Ashley R. Date: 11-5 -1 L\ lcolm, Paralegal GREEN RIDGE LEASING, LLC, Plaintiff v. KEITH A. SULTZABAUGH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -EQUITY : NO. 13-2251 : PARTITION OF REAL �,.R�jULE TO SHOW CAUSE AND NOW, THIS / 7 "of .11/011411.44 L 2014, upon consideration c:::: Z7 ---4 CI rn `'�' �— :6'7 ...4PROPERT' .: ''I CD > C._ Q • Co co of the Emergency Motion for Enforcement of Settlement Agreement by Green Ridge Leasing, LLC, it is hereby ORDERED that: [i) a rule is issued upon the respondent to show cause why the moving party is not entitled to the relief requested; [ 2) the respondent shall file an answer to the motion within 2-0 days of this date; vddv e _30 [f[‘•1(5)ovargume1it shall be held on D/ 2, Pots, 201rin Courtroom 3 of the Cumberland County Courthouse; and [Vr(6) notice of the entry of this order shall be provided to all parties by the mAvingr' party. BY THE COURT Edward E. Guido, Judge Distribution List: ._-1 ter J. Russo, Esquire, 5006 East Trindle Road, Suite 203, Mechanicsburg, PA 17050 /�l�icholas J. Luciano, Esquire, 1200 Camp Hill Bypass, Camp Hill, PA 17011 If ( 3 GREEN RIDGE LEASING, LLC, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION — EQUITY : Docket No.: 13-2251 KEITH A. SULTZBAUGH, Defendant : PARTITION OF REAL PROPERTY ANSWER TO PLAINTIFF'S EMERGENCY MOTION FOR ENFORCEMENT OF SETTLEMENT AGREEMENT NOW COMES, Defendant, Keith A. Sultzbaugh, by and through his attorneys, Capozzi Adler, P.C., and files the following in support of his Answer to Plaintiff's motion: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. CP 5. Denied. It is specifically denied that the parties reached a final settlement agreement regarding division of the subject property during their September 26, 2014 conference. Although the parties discussed division of the subject property, the specific location of the boundary dividing the subject property was not agreed upon at the aforesaid conference. It was understood among the parties that settlement of this matter was contingent upon the mutually acceptable location of said boundary line. To date, this location has not been agreed upon by the parties and, therefore, is not accurately reflected in Plaintiff's proposed Stipulation of the Parties. 6. Admitted. 7. Admitted. -8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. By way of further answer, the draft Stipulation of the Parties provided to Defendant was prepared solely by Plaintiff and does not accurately reflect the settlement discussions between the parties at the conference on September 26, 2014. Specifically, the location of the boundary line dividing the subject property has not been agreed upon by the parties and is not accurately reflected in the proposed Stipulation of the Parties. Accordingly, Plaintiff has declined to sign the Stipulation, but remains committed to resolving this matter by way of a mutually agreeable stipulation. Defendant's counsel was advised that further discussions between the parties were necessary to clarify the Stipulation of the Parties, but has declined to pursue such a dialogue. 12. Admitted. WHEREFORE, Defendant, Keith A. Sultzbaugh, respectfully requests that this Court enter an Order denying Plaintiff's Emergency Motion for Enforcement of Settlement Agreement, direct Plaintiff to pay counsel fees and costs associated with the preparation of a response to Plaintiff's motion, and grant such other relief as this Court may deem just and proper. Dated: By: Respectfully submitted, CAPOZZI ADLER, P.C. Glenn A. Parno, Esquire Attorney I.D. No.: 52578 P. O. Box 5866 Harrisburg, PA 17110 (717) 233-4101 GREEN RIDGE LEASING, LLC, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION — EQUITY : Docket No.: 13-2251 KEITH A. SULTZBAUGH, Defendant : PARTITION OF REAL PROPERTY CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served on the following by United States first class mail, postage prepaid, addressed as follows: Dated: fZ/3//1-I. Law Offices of Peter J Russo, P.C. 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Glenn A. Parno, Esquire Attorney I.D. No.: 52578 Capozzi Adler, P.C. P. O. Box 5866 Harrisburg, PA 17110 (717) 233-4101 Attorney for Defendant --1 0 GREEN RIDGE LEASING, LLC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. KEITH A. SULTZABAUGH, Defendant : CIVIL ACTION -EQUITY Docket NO.: 13-2251 : PARTITION OF REAL WITHDRAWAL OF APPEARANCE ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: PROPERTY z=` Kindly withdraw my appearance on behalf of Plaintiff Green Ridge Leasing, LLC in the above - listed matter. Date: la/ail I matter. ee er . Russo, Esquire Attorney I.D. No.: 72897 Law Offices of Peter J. Russo, P.C. 5006 E. Trindle Rd., Suite 203 Mechanicsburg, PA 17050 (717) 591-1755 Kindly enter my appearance on behalf of Plaintiff Green Ridge Leasing, LLC in the above -listed Dated: fo?/D/ /y David C. Dagl squire Attorneyl. . No.: 201707 L5w-Offices of Peter J. Russo, P.C. /5006 E. Trindle Rd., Suite 203 Mechanicsburg, PA 17050 (717) 591-1755 GREEN RIDGE LEASING, LLC, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -EQUITY KEITH A. SULTZABAUGH, : Docket NO.: 13-2251 Defendant : PARTITION OF REAL PROPERTY CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served on the following party by causing the same to be placed in the United States mail, first class, postage prepaid, addressed as follows: Dated: Glenn A. Parno, Esquire Capozzi Adler, P.C. P.O. Box 5866 Harrisburg, PA 17110 David C. Dagle squire GREEN RIDGE LEASING, LLC, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION — EQUITY : Docket No.: 13-2251 KEITH A. SULTZABAUGH, Defendant : PARTITION OF REAL PROPERTY WITHDRAWAL OF APPEARANCE ENTRY OF APPEARANCE TO THE PROTHONOTARY/CLERK OF SAID COURT: G Fri :gin C, Kindly withdraw my appearance on behalf of Defendant Keith A. Sultzabaugh in the above -listed matter. Dated: Vf/.20/.5-- -0 te=a Nicholas J. L Ucio, Esquire Attorney I.D. No.: 92042 Capozzi Adler, P.C. P. O. Box 5866 Harrisburg, PA 17110 (717) 233-4101 Kindly enter my appearance on behalf of Defendant Keith A. Sultzabaugh in the above - listed matter. Dated: 1/4/5 Glenn A. Parno, Esquire Attorney I.D. No.: 52578 Capozzi Adler, P.C. P. O. Box 5866 Harrisburg, PA 17110 (717) 233-4101 =,r GREEN RIDGE LEASING, LLC, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION — EQUITY : Docket No.: 13-2251 KEITH A. SULTZABAUGH, Defendant : PARTITION OF REAL PROPERTY CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document was served on the following by causing the same to be placed in the United States mail, first class, postage prepaid, addressed as follows: Dated: 1/9 Peter J. Russo, Essquire 5006 East Trindle Road, Suite 203 Mechanicsburg, PA 17050 Glenn A. Parvo, Esquire Attorney I.D. No.: 52578 Capozzi Adler, P.C. P. O. Box 5866 Harrisburg, PA 17110 (717) 233-4101 GREEN RIDGE LEASING, LLC,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. KEITH A. SALTZABAUGH, CIVIL ACTION - EQUITY Defendant NO. 13-2251 CIVIL TERM IN RE: MOTION TO ENFORCE SETTLEMENT AGREEMENT ORDER OF COURT AND NOW, this 12th day of January, 2015, after hearing the evidence, we are satisfied that the Defendant revoked his consent to the agreement before the agreed-upon writing was filed with this Court. The Motion to Enforce Settlement Agreement is denied. Trial in this matter is scheduled for 9:30 a.m. on Tuesday, March 3, 2015. We will not entertain any motions for continuances. Any witnesses that cannot be present shall be deposed and their testimony submitted as an exhibit. By the Court, Edward E. Guido, J. David C. Dagle, Esquire yo' the Plaintiff Glenn A. Parno, Esquire For the Defendant :lfr C6FItE.0 fiZ241S-C-L ///10S