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Home My WebLink About05-0393 JAMES L. GETTEL, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05- 393 Cu~ SCOTT B. PECK, Defendant : IN 1M' "lx: NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by 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 of 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 'II , , JAMES L. GETTEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05- : IN EQUITY v. SCOTT B. PECK, Defendant COMPLAINT 1. Plaintiff is James L. Gettel, an adult individual who resides at 113 Hershey Road, No.6, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant is Scott B. Peck, an adult individual who resides at 300 Thomey Grove Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. Plaintiff is the owner of real property located on Thomey Grove Road, Southampton Township, Cumberland County, Pennsylvania with an assigned tax parcel number of 39-15-0177-019. See Tax Map, Exhibit "A" attached hereto. 4. Defendant is the owner of real property located at 300 Thomey Grove Road, Southampton Township, Cumberland County, Pennsylvania, with an assigned tax parcel number of 39-15-0177-020, which property adjoins the property owned by the Plaintiff as described in Paragraph 3 above. 5. The current tax map and prior maps show Thomey Grove Road as extending through both the Defendant's property and the Plaintiff's property. 6. Plaintiff's sole means of vehicular access to his property is by way of Thomey Grove Road, a private road extending from Means Hollow Road through the Defendant's property. 7. Plaintiff purchased this property from his grandmother pursuant to a deed dated October 30, 2000 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, at Deed Book 233, Page 564. 8. Plaintiff's grandparents had purchased the property pursuant to a deed dated May 10, 1963 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, at Deed Book "V", Volume 20, Page 795. 9. While he owned the property, Plaintiff's grandfather visited the property using Thomey Grove Road at least annually to check postings and look for damage, cut trees, etc. 10. Since purchasing the property in 2000, Plaintiff has visited the property using Thomey Grove Road about monthly to inspect the property and to hike through the woods. 11. While building a house on Defendant's property, Defendant dumped a large quantity of earth on Thomey Grove Road. He later installed a locking gate across it, thereby blocking the road and denying Plaintiff vehicular access to Plaintiff's property. 12. In a conversation between Plaintiff and Defendant early in 2004, prior to the installation of the gate, Defendant promised Plaintiff that he would move the dirt and restore Thomey Grove Road. 13. Plaintiff has contacted Defendant several times by telephone since installation of the gate to request that it be removed or otherwise modified to allow Plaintiff access to his property. 14. Defendant has refused Plaintiff's requests and has left the gate intact. Plaintiff is still unable to drive a vehicle onto his property. WHEREFORE, for all the above reasons, the Plaintiff, James L. Gettel, respectfully requests that this honorable court declare that Plaintiff has a prescriptive easement on that part of Thomey Grove Road extending across Defendant's property, that Defendant restore Thomey Grove Road to provide Plaintiff with vehicular access to his property, and that Defendant reimburse Plaintiff for all attorney's fees and costs of suit. 1/;).1 /p~ Date I I Respectfully Submitted TURO LAW OFFICES .~ s " ~ ~ :i '1'1 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. \b,J~ Date I , ~'K P - ~' ~CJ y 0-" 0\ ~' -S{ e><") ---- ~.. C/> c:: f'._,> (;~~, r.:;) -'1 ;,'J",! C~ ~--:-J ".,. Ih r-., r,,) (;"1 l""l \t?\) IN THE COURT OF COMMON PLEAS OF CUMBELRAND COUNTY - PENNSYLVANIA JAMES L. GETTLE : No. 05-393 Civil Plaintiff : Civil Action - Law vs SCOTT B. PECK Defendant NOTICE TO PLEAD You are hereby notified to file a written response to the enclosed Answer with New Matter and Counterclaim within twenty (20) days from service hereof or a judgment may be entered against you. I~~ < H. Anthony Adams Attorney for the Defendant Supreme Court I.D. No. 25502 49 W. Orange Street Suite 3 Shippensburg, PA 17257 (717)532- 3270 IN THE COURT OF COMMON PLEAS OF CUMBELRAND COUNIY - PENNSYLVANIA JAMES L. GETTLE : No. 05-393 Civil Plaintiff : Civil Action - Law vs SCOTT B. PECK Defendant ANSWER Now come the Defendant, Scott B. Peck, by and through his attorney, H. Anthony Adams, and set forth the following: 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Admitted ~ 6. Denied, the Plaintiff's actual access to his property in from another location believed to be Gum Run Road. 7. Admitted, however Defendant has no actual knowledge of the truth of the matter averred. 8. Admitted, however Defendant has no actual knowledge of the truth of the matter averred. 9. Denied, Thorny Grove Road until recent improvement was little more than a logging trail usable only by ATV or horse. 10. Denied, Plaintiff would on occasion use the road to a point near defendant's land but would walk to the land of Defendant. Plaintiff most frequently used the actual access road to the property. 11. Admitted 12. Admitted Defendant agreed to grant a license to the Plaintiff to cross his land. 13. Admitted, but never mentioned gate. 14. Admitted, that Defendant will not allow access. Plaintiff can enter his property by the alternate route. New Matter 15. The land owned by the Plaintiff and Defendant is unenclosed woodland and no prescriptive rights can be obtained. Wherefore, Defendant prays your Honorable Court enter judgment in his favor and againt Plaintiff. Respectfully submitted, !\ ~.e--'> ~~ H. Anthony Adams, Esquire Attorney for Defendant 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 VERIFICATION I verify that the statements made in this answer 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 falsification to authorities. Date: /1)1 j&s ~~-/3.-&- SCOlT B. PECK I" . ..' Ii " , JAMES L. GETTEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-393 v. SCOTT B. PECK, Defendant : Civil Action - Law PRAECIPE TO THE PROTHONOTARY: Please settle, withdraw and discontinue the above-captioned matter on behalf of the Plaintiff. Respectfully Submitted TURO LAW OFFICES 3-/0-DS Date .~ J I I II 'I' I JAMES L. GETTEL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-393 SCOTT B. PECK, Defendant : Civil Action - Law CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Praecipe to Withdraw upon H. Anthony Adams, Esquire, by depositing same in the United States Mail, first class, postage pre-paid on the 10th day of March, 2005, from Carlisle, Pennsylvania, addressed as follows: H. Anthony Adams, Esquire 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 TURO LAW OFFICES -}-~ J () ~...;, i"i (...;"; SHERIFF'S RETURN - REGULAR CASE NO: 2005-00393 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GETTEL JAMES L VS PECK SCOTT B SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon PECK SCOTT B the DEFENDANT , at 1755:00 HOURS, on the 4th day of February 2005 at 300 THORNEY GROVE ROAD SHIPPENSBURG, PA 17257 by handing to SCOTT PECK a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 14.80 .00 10.00 .00 42.80 ,?,''''''::'~i:;;;:::>,.",:,,: ..l~~~ R. Thomas Kline Sworn and Subscribed to before 02/07/2005 JAMES ROBINSON (' Ju' L r~/7 .... . " ',/ ,.,.,/ . '14'VL ". ,) V IJ'~puty Sheri f By: ;L me this I - day of j'-G~ dlTo; A.D. ('-Ai~ Q. h, C~/' ,".2/,4 rothonotary '. .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYL VANIA James L. Gett~ Plaintiff v. : NO. 05-393 Civil Civil Action - Law Scott B. Peck, Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO PROTHONOTARY: Enter my appearance for the Plaintiff James L. Gettle i John Broujos, Esquire , . ROU ros & GILROY, P.c. At y LD. No. 06268 4 North Hanover Street Carlisle, Pennsylvania 17013 717/243-4574; 717/766-1690 FAX 7117/243-8227 June 6, 2005 TO PROTHONOTARY: Withdraw my appearance as attorney for James L.Get~in the above-captioned case. ~>AAA . J sM. Rob' son, Esquire RO LAW FFICES 28 S. Pitt Street Carlisle, P A 17013 245 9688 c: H. Anthony Adams, Esquire Attorney for Defendant 49 W. Orange Street Shippensburg, P A 17257 " .' "j ~ ,...., = = CJ1. S 9. --< X-n rnp -.-ltr :0<.;' (~:~ C:-; :'--"'""1". - -:, ~;Z C') "'~rn 0. ."-~\ ~~D '-< N - --c f';? \D IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYL VANIA James L. Gettfll Plaintiff : NO. 05-393 Civil Civil Action - Law v. Scott B. Peck Defendant PLAINTIFF'S ANSWER TO NEW MATTER Plaintiff through his attorney John H. Broujos, of Broujos & Gilroy, PC sets forth the following Answer to New Matter. 15. Denied: the land is not unenclosed woodland. Denied that no prescriptive right could be obtained. On the contrary a prescriptive right and other remedies are available to Plaintiff. WHEREFORE, Plaintiff prays the Honorable Court to enter a judgment in Plaintiff's favor and against the Defendant. R John . Broujos, Esquir Atto J.D. No. 06268 4 N. Hanover Street Carlisle, P A 17013 (717) 243-4574; (717) 766-1690 Fax: (717) 243-8227 . - VERIFICATION 1 verifY that the statements made in this answer 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 falsification to authorities. DATE:_ }';JI1e J 3-05 I_A_.~l ~.J F" Gettue . - , . (") C. ", :g U'I Lc ~:i::-~ N -.l r.c_, o " :r-n hl""- . r.;:i -, 2;~: "n r:';' <:-'S in en CO