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HomeMy WebLinkAbout05-0431William Mattern IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW Marc C. Heimbach and Pamela L. og - 4131 L? ?-v1 Heimbach, H/W, their heirs, assigns devisees and personal representatives, or others claiming rights under them Defendants ACTION TO QUIET TITLE 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 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 NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH THE INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 =-i - ?" -gibs-- David F. Tamanini, squire Attorney No. 27775 4800 Linglestown Road, Ste. 309 Harrisburg, PA 17112 717-541-1805 Dated: William Mattern IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW Marc C. Heimbach and Pamela L. CV 2004 Heimbach, H/W, their heirs, assigns devisees and personal representatives, or others claiming rights under them Defendants ACTION TO QUIET TITLE COMPLAINT Plaintiff files this Complaint, by his attorney, David F. Tamanini, pursuant to the Pennsylvania Rules of Civil Procedure No. 1061 et. seq. against the above named defendants, their heirs, devisees, personal representatives and assigns to quiet title to a tract of land hereinafter described. 1. The Plaintiff William Mattern, is an adult individual residing at 904 Bosler Avenue, Lemoyne, PA 17043. 2. The Defendants, Marc C. Heimbach and Pamela L. Heimbach, H/W are adult individuals whose last known address is 718 Carriage Lane, Mechanicsburg, PA 17050. 3. The Plaintiff is the resident owner of a parcel in the Borough of Lemoyne, Cumberland County, Pennsylvania being a portion of lot 79, Block "F" in the Plan of Lots known as Plan No. I of Riverton. 4. The Plaintiff bought from the Executrices of the Estate of Lela Leach, Jean Reeser and Marella Barton on November 30, 1978. (See deed, attached, Exhibit A.) 5. The adjacent property now owned by the Defendants was bought from Jean Elizabeth Reeser, widow on September 5, 2003. (See deed, attached, Exhibit B.) (hereafter referred to as parcel B) 6. The common prior owners of both properties were Robert O. Reeser and Jean Elizabeth Reeser, by entireties Robert O. Reeser having died on September 9, 1960. (See deed, attached, Exhibit C.) 7. The Defendant owners of the adjacent property Parcel B, Heimbachs have asserted that their property line which extends and divides the Plaintiff's above referenced land from theirs, suffers from an encroachment being a concrete block building. 8. The Plaintiff asserts that the concrete block building which Defendants claim to be encroaching onto their property and other portions of the land used by the Plaintiff which divides the two lots are his by right of Adverse Possession. 9. The Plaintiff asserts that the entire concrete block building and a portion of the land adjacent to it between his and the Defendants' property are his by right of Adverse Possession. 10. The Plaintiff asserts that the dividing line between his and the Defendants' property begins at a point two feet beyond the outside of the southeastern wall of the concrete block storage building at the northeastern corner of the concrete block building, and extending south eastwardly in a straight line to form a 90° angle with Apple Alley to form the southeasterly corner of his lot, and said line also extending in the opposite direction on a line westwardly from the same point dividing the properties of the Plaintiff and the Defendants, and continuing through the line of the adjacent concrete sidewalks, between the houses numbered 904 and 908 Bosler Avenue, and ending at the intersection with Bosler Avenue, to form the north easterly corner of his lot. 1 l . The Plaintiff asserts that the lines comprising the southerly border and the northerly border, as described in Exhibit A, adjacent to Apple Alley and Bosler Avenue respectively are extended to the above referenced dividing line to close the meter and bounds of the Plaintiffs property. COUNTI ADVERSE POSSESSION 12. Paragraphs 1-11 are incorporated herein. 13. The Plaintiff, by continuous course of conduct has exclusively used and maintained the referenced property on his side of the above described dividing line in an open and exclusive manner by maintaining the land and building, cutting the grass, planting a multitude of plants and bushes on the property, as well as making full and exclusive use of the block building which is attached by roof to his garage. 14, The Plaintiff has acquired title in fee, by over thirty-five years' Adverse Possession to the above described property which represents the western boundary of his property. WHEREFORE, the Plaintiff respectfully requests that this Honorable Court enter an order granting Plaintiff ownership of his lot, having a westerly border as described above with a closure of the lot meter and bounds as described in paragraph 10 and 11. Respectfully submitted, /avid F. Tamanini, Esquire` Attorney No. 27775 4800 Linglestown Road, Ste. 309 Harrisburg, PA 17112 717-541-1805 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.Section 4904, relating to unworn falsification to authorities. o WiY,am NlatCern Date: t' 9 0 S ? C? ? ? c ? ?, ' =,? -x, " ' n ' ?. ? N ?fj? t [J per, ? .. C(; .' U'; ?:??^.? //Yyy? -?J- (fit.." ~V' ? ? `7? '' C-= `i ? ? w ..?. William Mattern, IN THE COURT OF COMMON Plaintiff CUMBERLAND COUNTY, PEN V. 05 - 431 CIVIL TERM Marc C. Heimbach and Pamela L. CIVIL ACTION - LAW Heimbach, HAW, their heirs, assigns, devisees and personal representatives, or others claiming rights under them ACTION TO QUIET TITLE Defendant ACCEPTANCE OF SERVICE VANIA I accept service of the Complaint (on behalf of Marc C. Heimbach and (pamela L. Heimbach and certify that I am authorized to do so). III D to Scott A. Stein, Esquire / 7oi, Mailing T ,_ ? .? ? ?? ? s -?, «t? ?? c 4 N ? i c r t.., -r3 ij+?7 ? r% ?-' iT ;'7 r? ? w ` ? '? `''' < u , WILLIAM MATTERN, Plaintiff V. MARC C. HEIMBACH and PAMELA L. HEIMBACH, H/W, their heirs, assigns, devisees and personal representatives, or others claiming rights under them Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05431 CIVIL TERM ACTION TO QUIET TITLE NOTICE TO PLEAD To: William E. Mattern, Plaintiff You are hereby notified to file a written response to the enclosed Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. Scott A. Stein, Esquire PA Supreme Court ID No. 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorney for Defendants LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 JOHN N. PAPOUTSIS, ESQUIRE PA Supreme Court ID: 70312 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 WILLIAM MATTERN, Plaintiff V. MARC C. HEIMBACH and PAMELA L. HEIMBACH, H/W, their heirs, assigns, devisees and personal representatives, or others claiming rights under them Defendants Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-431 CIVIL TERM ACTION TO QUIET TITLE ANSWER TO PLAINTIFF'S COMPLAINT AND NEW MATTER AND NOW comes Defendants, Marc C. Heimbach and Pamela L. Heimbach, by and through their counsel, Law Offices of Peter J. Russo, P.C., who responds as follows: Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. Paragraph 8 of Plaintiffs Complaint contains a conclusion of law to which no responsive pleading is required and therefore, the averment is denied. To the extent a response may be required it is denied that Plaintiff owns the block building and other portions of land used by Plaintiff which divides the two lots by right of Adverse Possession. By way of further answer, the Plaintiff and predecessor in title to the Defendants had previously entered into an agreement acknowledging a revocable license for Plaintiff to use the property. A true and correct copy of said revocable license agreement is attached hereto and made part of this document as "Exhibit A". 9. Denied. Paragraph 9 of Plaintiffs Complaint contains a conclusion of law to which no responsive pleading is required and therefore, the averment is denied. To the extent a response may be required it is denied that Plaintiff owns the block building and other portions of land used by Plaintiff which divides the two lots by right of Adverse Possession. By way of further answer, the Plaintiff and predecessor in title to the Defendants had previously entered into an agreement acknowledging a revocable license for Plaintiff to use the property. A true and correct copy of said revocable license agreement is attached hereto and made part of this document as "Exhibit A". 10. Denied. After reasonable investigation, the Heimbachs are without sufficient information or knowledge to form a belief as to the truth of the allegations asserted in Paragraph 10 of Plaintiff's Complaint. Strict proof at the time of trial, if admissible, is demanded. 11. Denied. After reasonable investigation, the Heimbachs are without sufficient information or knowledge to form a belief as to the truth of the allegations asserted in Paragraph 10 of Plaintiffs Complaint. Strict proof at the time of trial, if admissible, is demanded. COUNTI ADVERSE POSSESSION 12. No responsive pleading is required to Paragraph 12 of Plaintiff's Complaint. To the extent that a response may be required, however, the Heimbachs hereby incorporate Paragraphs 1- 11 this Answer with New Mattter as if fully stated herein. 13. Denied. After reasonable investigation, the Heimbachs are without sufficient information or knowledge to form a belief as to the truth of the allegations asserted in Paragraph 13 of Plaintiffs Complaint. Strict proof at the time of trial, if admissible, is demanded. 14. Denied. Paragraph 14 of Plaintiffs Complaint contains a conclusion of law to which no responsive pleading is required and therefore, the averment is denied. To the extent a response may be required it is denied that Plaintiff has acquired title in fee, by over thirty-five years of adverse possession to the block building and other portions of land used by Plaintiff which divides the two lots. By way of further answer, the Plaintiff and predecessor in title to the Defendants had previously entered into an agreement acknowledging a revocable license for Plaintiff to use the property. A true and correct copy of said revocable license agreement is attached hereto and made part of this document as "Exhibit All. WHEREFORE, Defendant respectfully requests the court to deny the relief requested by the Plaintiff. NEW MATTER 15. Defendants hereby incorporates by reference the averments contained in Paragraphs 1-14 of Defendant's Answer with New Matter as if fully stated herein. 16. Plaintiff and the predecessor in title to Defendants entered into License Agreement ("License Agreement") granting to Plaintiff a license to use the portion of the block building encroaching upon Defendant's property. Said License Agreement was binding upon the parties, their heirs, successors, and assigns. (Exhibit "A" to Answer and New Matter). 17. One of the preliminary paragraphs of the License Agreement states that both parties have "used said structure for storage purposes." 18. It further states that the License Agreement reduces to writing the parties agreement regarding continual use of the encroached portion of Defendant's property by Plaintiff. 19. By virtue of the License Agreement entered into by Plaintiff and the immediate predecessor in title to Defendant's, Plaintiff was granted a license to use that portion of the structure encroaching upon Defendant's property with said license able to be terminated by written notice of either party to the other. 20. Defendants gave written and verbal notice to Plaintiff as required by the License Agreement of Defendants' intention to revoke the license and reclaim exclusive control over their propery. 21. Defendants have revoked Plaintiff's license to utilize that portion of the structure encroaching on their property and have indicated to Plaintiff their intention to exclude him from their property. 22. Defendants are entitled to exclusive control over access to their property and having elected to revoke the license of Plaintiff, are entitled to resume control over their property. WHEREFORE, the Defendants respectfully request that this Honorable Court find in favor of Defendants and dismiss the Complaint of Plaintiff. Respectfully submitted, LAW OFFICES OF PETER J. RUSSO, P.C. By: IZL Scott A. Stein, Esquire 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorneys for Defendants Date: 1- 7- 05 EXHIBIT "A" 1-1 JACK GAUGHEN ERA NAGt ed e LICENSE AGREEMENT THIS LICENSE AGREEMENT is made this 01.day of Spgs -~ J,_ , 2003, and is by and between: JEAN Ti. REESER, Widow, of 908 Bosler Avenue, Lemoyne, Pennsylvania, iereinafter referred tc as "Reeser"; and WILLIAM E. MATTE.RN, of 904 Bosler Avenue, Lemoyne, Pennsylvania, hereinafter referred tc as "Mattern". WITNESSETH: WHEREAS, Mattern and Reeser own adjoining properties in the Borougl of Lemoyne and e concrete block structure on the rear of Mattern's property encroaches onto R.eeser's property b5 approximately six and one-half feet; and WTIEREAS, the parties have both used said structure for storage purposes; and WHEREAS, the parties have reached an agreement regarding continual u.e of that portion o. Reeser's property which is encroached upon by that structure and the parties wish to have their agreemcn reduced to writing. NOW, THEREFORE, in consideration of the sum of One ($1.00) dollar paid by Mattern, to Reeser., as well as for other good and valuable considerations, the parties hereto do hereby covenant, promise, and agree as follows: L Reeser does herby give Mattern a license, subject to the terms an9 provisions of this agreement, to sue, occupy, and encroach upon that portion of her property known aad numbered as 908 Bosler Avenue in. Lemoyne currently occupied by a portion of a concrete block structur- which is located on both parties' property, it being agreed by the parties that the portion. of the building wt ich encroaches upon Reeser's property is approximately six and one-half feet from east to west and approximately twelve feet from north to south. 2. Matter shall be responsible to fully maintain the structure which encroaches on Reeser's property, including the portion on his property and shall maintain such structure in a good and attractive condition at all times. Further, Mattern shall assume and be responsible for any an d all claims arising out of his use, occupancy, ownership, or maintenance of such structure, and the land on which i is located, and shall further indemnify and, save Reeser and her successors and assigns, free of any and all OELims, loss or expense UD,041ZUUC 11:21 71r-r61-14`J5 JACK GAUGHEN ERA PAGE 04/05 caused to her and arising out of the use, ownership, or existence of such structure and it; encroachment upon Reeser's property. 3. Mattem's right to use and occupy.that portion of Reeser's property enetoached upon by the aforesaid structure and the responsibilities imposed upon Mattern by Paragraph 2 hereof shall terminate on the sixtieth day following the date on which Mattem receives a written notice to vacate from Reeser. 4. Mattern may terminate said right to utilize and occupy said portion of the structure and terminate those responsibilities imposed upon him by Paragraph 2 hereof by giving sixty days written notice to Reeser of his election to terminate. 5. If Reeser terminates, within thirty (30) days of termination, Reeser, at her expense, will remove that portion of the structure that encroaches upon her property or will install a door into that portion II Of the structure and partition by wall or other appropriate means the structure so that Reeser has use of said portion on her property and ,Mattern has use of that portion of the structure on his propcrty. 6. If Mattern terminates the right to use and occupy, he shall remove that portion of the structure that encumbers Reeser's property and restore the ground underneath thereof to lawn. If Reeser terminates Mattera's right in use and occupy and further elects to remove that portion of the structure that encurubms Reeser's property, Reeser shall be responsible for the ground underneath and shall cause such removal of the portion of the structure to be done in such a fashion as to do minimal damage to that portion, of the structure which is situate on Mattem's property. If Reeser opts not to rcmove the encroaching portion of the structure but to 99 the same, each party will be responsible for the maintenance of his or her portio a, the taxes thereon and for claims against each arising out of their respective use and responsibilities. 7. This agreement shall not be recorded and shall be personal to. the pitnies. It shall be interpreted, applied and enforced in accordance with and by the courts of the Commonwealth of Pennsylvania. Except as expressly set forth herein, there are no agreemeuts or understanding between the parties regarding the subject matter of this agreement and all prior understandings, agreements, representations, or commitments relating to the subject matter hereof merge into this agreement and have no separate validity hereafter. 8. This agreement shall be binding upon the patties hereto, their heirs successors and assigns. 2 nu JACK GAUGHEN ERA PAGE 65/05 IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 'D'-7-4 1\ Witness J). REESER u k Witness WILLLA,M E. MA,TTLRN :217856 WILLIAM MATTERN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MARC C. HEIMBACH and NO. 05-431 CIVIL TERM PAMELA L. HEIMBACH, H/W, their heirs, assigns, devisees and personal representatives, or others claiming rights under them Defendants ACTION TO QUIET TITLE VERIFICATION I, Marc C. Heimbach, hereby swear and affirm that the facts in the forgoing Answer and New Matter are true and correct to the best of my knowledge, information, and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to un}ssw,om falsification to?authwities.f Date: A&t G L Marc '. Heimbac WILLIAM MATTERN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ?'• CIVIL ACTION - LAW MARC C. HEIMBACH and NO. 05-431 CIVIL TERM PAMELA L. HEIMBACH, H/W1 their heirs, assigns, devisees and personal representatives, or others claiming rights under them Defendants ACTION TO QUIET TITLE VERIFICATION I, Pamela L. Heimbach, hereby swear and affirm that the facts in the forgoing Answer and New Matter are true and correct to the best of my knowledge, information, and belief and are made subject to the penalties of IS Pa.C.S. §4904 relating to unswom falsification to authorities. Date: Pamela L. Heimbach WILLIAM MATTERN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW MARC C. HEIMBACH and NO. 05-431 CIVIL TERM PAMELA L. HEIMBACH, H/W, their heirs, assigns, devisees and personal representatives, or others claiming rights under them Defendants ACTION TO QUIET TITLE CERTIFICATE OF SERVICE I, Scott A. Stein, Esquire, counsel for Marc C. Heimbacb and Pamela L. Heimbach, Defendants in the above-captioned action, hereby certify that a true and correct copy of the foregoing Answer and New Matter was served upon counsel for Plaintiff, David F. Tamanini, Esquire, by depositing same in the United States mail, first class, on April 7, 2005, addressed as follows: David F. Tamanini, Esquire Tamanini Law Office 4800 Linglestown Road Suite 309 Harrisburg, PA 17112-9507 LAW OFFICES OF PETER J. RUSSO, P.C. By: 6'? A Scott A. Stein, Esquire 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 DATED: ? J -7I (' S Attorneys for Defendant r ? r1 -n :+ ?t Y ?` '_? ?7 ti ,_ .? ? '?':? \',j;\ ?. i . r_i i J? 4. William Mattern, . IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, : PENNSYLVANIA VS. NO: 05-431 Marc C. Heimbach and Pamela L. CIVIL ACTION - LAW Heimbach, H[W, their heirs, assigns, Devisees and personal representatives, Or others claiming rights under them DEFENDANT PLAINTIFF'S ANSWER TO DEFENDANT'S NEW MATTER 15. Paragraphs 1-14 of the Complaint are incorporated herein. 16. Denied. The averments are conclusions of law and no response is required. By way of further answer, the purported License Agreement was not binding on the parties or their successors. By way of further answer, the so-called License Agreement did not grant a license, property rights, rights of title, or ownership to any persons or entities. 17. Admitted that the writing states as referred. By way of further answer, the purported License Agreement was not binding on the parties or their successors. By way of further answer. denied that the so-called License Agreement granted any license, property rights or rights of title or ownership to any persons or entities. Denied that both parties used the structure for storage purposes. 18. The purported License Agreement was not binding on the parties or their successors. By way of further answer, denied that the so-called License Agreement granted any license, property rights or rights of title or ownership to any persons or entities. 19. Denied. The averment is a conclusion of law and no response is required. By way of further answer, the purported License Agreement was not binding on the parties or their license, property rights or rights of title or ownership to any persons or entities. 20. Admitted in part that some notice of intention was given to Plaintiff. By way of further answer, the purported License Agreement was not binding on the parties or their successors. By way of further answer, denied that the so-called License Agreement granted any license, property rights or rights of title or ownership to any persons or entities. 21. Denied. The averment contains a conclusion of law and no response is required. By way of further answer, the purported License Agreement was not binding on the parties or their successors. By way of further answer, denied that the so-called License Agreement granted any license, property rights or rights of title or ownership to any persons or entities. 22. Denied. The averment is a conclusion of law and no response is required. By way of further answer, the purported License Agreement was not binding on the parties or their successors. By way of further answer, denied that the so-called License Agreement granted any license, property rights or rights of title or ownership to any persons or entities. Wherefore, the Plaintiff respectfully requests that this Honorable Court grant it's Prayer for Relief in the Complaint and dismiss the New Matter of the Defendant. r ???? David F. manini, Esquire Attorney for Plaintiff 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 (717) 541-1805 Attorney ID No. 27775 S VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.Section 4904, relating to unsworn falsification to authorities. Date: Z D S William Mattern PROOF OF SERVICE I, David F. Tamanini, attorney for the Defendant, hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Scott A. Stein, Esquire 3800 Market Street Camp Hill, PA 17011 Attorney for Marc C. Heimbach, et, al. i David F. Tamanini, Esquire Attorney for Plaintiff Attorney # 27775 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112 Attorney ID No. 27775 C? 2 ?Y1 T7 t y 10, I N' ? David F. Tamanini, Esquire Attorney I.D. No. 27775 TAMANINI LAW OFFICE 4800 LINGLESTOWN ROAD, SUITE 309 HARRISBURG, PENNSYLVANIA 17112-9507 William Mattern, Plaintiff V. Telephone (717) 541-1805 dft@TamaniniLaw.com Attorney for Plaintiff, William Mattern IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05 - 431 CIVIL TERM Marc C. Heimbach and Pamela L. CIVIL ACTION - LAW Heimbach, H/W, their heirs, assigns, devisees and personal representatives, or others claiming rights under them, Defendant ACTION TO QUIET TITLE PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Please mark the above-captioned action withdrawn and discontinued of record. David F. Tam nml, squire Attorney No. 27775 4800 Linglestown Road, Suite. 309 Harrisburg, PA 17112 717-541-1805 / Attorney for Plaintiff Dateb ??? PROOF OF SERVICE I, David F. Tamanini, Esquire, attorney for the Plaintiff, hereby certify that I am this day serving a true and correct copy of the foregoing Praecipe to Withdraw upon the persons and in the manner indicated below, which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Scott A. Stein, Esquire LAW OFFICES OF PETER J. RUSSO, P.C. 3800 Market Street Camp Hill, PA 17011 Attorney for Marc C. Heimbach, et. al. Dated: 6//:W'0 7-----=- David F. Ta anini, Esquire Attorney No. 27775 4800 Linglestown Road, Suite 309 Harrisburg, PA 17112-9507 c•-? _? -t t , , _. t?? ' ' ' C' :; ? ? E?. -: ; , ' ,? _.? `. ? ?? `- ? ::a c..a .