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HomeMy WebLinkAbout14-1441 Supreme Co n nsylvania Cou r o I lao v leas For Prothonotary Use Only: I , 1 Docket No: cu County The information collected on this form is used solely for court administration purposes. This fiorm does not supplement or replace the filing and service cif pleadings or other papers as required by law or rules of court. Commencement of Action: S I@ Complaint 0 Writ of Summons ® Petition © Transfer from Another Jurisdiction ® Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Jay Elvin Gettel Roger L. Gettel Dollar Amount Requested: Owithin arbitration limits Are money damages requested? ® Yes 0 No (check one) x, outside arbitration limits O N Is this a Class Action Suit? 13 Yes ER No Is this an MDJAppeal? 0 Yes ix No A Name of Plaintiff /Appellant's Attorney: Richard Lewis Bushman 0 Check here if you have no attorney (are a Self- Represented [Pro Sej Litigant) i 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 0 Malicious Prosecution ® Debt Collection: Credit Card 0 Board of Assessment [] Motor Vehicle ® Debt Collection: Other [ Board of Elections E] Nuisance El Dept. of Transportation Premises Liability ® Statutory Appeal: Other S Product Liability (does not include E mass tort) ©Employment Dispute: ® Slander/Libel /Defamation Discrimination C ® Other: j Employment Dispute: Other ®Zoning Board T Other: I Other: O MASS TORT M Asbestos N ® Tobacco Toxic Tort - DES Toxic Tort -Implant REAL PROPERTY MISCELLANEOUS Q Toxic Waste M Ejectment ® Common Law /Statutory Arbitration B l3 Other: Eminent Domain /Condemnation Declaratory Judgment l3 Ground Rent [3 Mandamus O Landlord /Tenant Dispute © Non - Domestic Relations [ Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure: Commercial ® Quo Warranto Dental xj Partition ® Replevin © Legal ® Quiet Title 1 Other: ® Medical E] Other: Other Professional: Updated 1/1/2011 JAY ELVIN GETTEL and : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY ERMA M. GETTEL c Plaintiffs : PENNSYLVANIA n z -sa A/-�yy� VS. NO. of 2014 �''_'. 7+- ... i ROGER L. GETTEL Defendant : Civil Action - Law =CD t, 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 LAW- YER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. Cumberland County Bar Association / 32 South Bedford Street t /�3 75 1/ Carlisle, Pennsylvanial ��- --(((� �� /hJ1 TELEPHONE: [717] 249 -3166 0Z�2 AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, PA, is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least seventy -two [72] hours prior to any hearing or business before the court. You must attend the scheduled confer- ence or hearing. JAY ELVIN GETTEL and : IN THE COURT OF COMMON PLEAS ERMA M. GETTEL : OF CUMBERLAND COUNTY Plaintiffs : PENNSYLVANIA vs. NO. of 2014 ROGER L. GETTEL Defendant : Civil Action - Law COMPLAINT IN EQUITY— PARTITION 1. Plaintiffs are Jay Elvin Gettel and Erma M. Gettel, husband and wife, surf juris adults residing in Southampton Township, Franklin County, Pennsylvania, with a mailing address of 3552 Roxbury Ridge Road, Apartment D, Shippensburg, PA 17257. 2. Plaintiff Jay Elvin Gettel is acting on behalf of Plaintiff Erma M. Gettel by virtue of a Power of Attorney [Exhibit A]. 3. Defendant Roger L. Gettel is a surf juris adult individual residing in Southampton Township, Cumberland County, Pennsylvania, with a mailing address of 178 Walnut Bottom Road, Shippensburg, PA 17257. 4. Plaintiffs and defendant are the owners of certain real estate located partly in Shippensburg Township and partly in Southampton Township, Cumberland County as described below [hereinafter sometimes the "Subject Property "], and all the interests of the parties in the property are held as tenants in common with right of survivorship and not as tenants in common and are undivided: BEGINNING at a point in Public Road Legislative Route 35, leading from Shippensburg to Walnut Bottom, at line of land now or formerly of Albert Myers and Ruth A. Myers, his wife, and land now or formerly of the Borough of Shippensburg; thence along land now or formerly of the Borough of Shippensburg, South 13 degrees 30 minutes 52 seconds East 87.99 feet to a point marked by an iron pin; thence continuing by lands now or formerly of the Borough of Shippensburg North 82 degrees 57 minutes East 30.69 feet to a point marked by an iron pin; thence by lands now or formerly of Frank T. Wyncoop South 24 degrees 11 minutes 25 seconds West 239.53 feet to a point at a post; thence by lands now or formerly of Frank T. Wyncoop South 70 degrees 19 minutes 57 seconds East 260 feet to a point marked by a post; thence along lands now or formerly of B.P. Oil, Inc., South 24 degrees 11 minutes 25 seconds West 894.27 feet to a point at a post; thence along lands now or formerly of John Hershey, North 75 degrees 16 minutes 46 seconds West 769.51 feet to a point marked by an iron pin; thence along other lands now or formerly of Albert Myers and Ruth A. Myers, his wife, North 26 degrees 16 minutes 27 seconds East 1227.50 feet to a point in the center of a public road Legislative Route 35 leading from Shippensburg to Walnut Bottom; thence through the aforesaid public road South 75 degrees 12 minutes 1 second East 149.12 feet to a point in the aforesaid public road; thence continuing along the aforesaid public road, South 76 degrees 23 minutes 14 seconds East 231.96 feet to a point in the aforesaid public road at a point, the place of BEGINNING. CONTAINING 18.680 acres, more or less, pursuant to survey of Dougal & McCans, Inc., R.S., dated April 21, 1978. 5. The parties acquired title to the property known as the Shippensburg Speedway by deed from Jay Elvin Gettel and Erma M. Gettel, husband and wife, dated October 1, 2006 recorded in the office of the Recorder of Deeds of Cumberland County in Deed Book No. 276, Page 4987 [Exhibit B] wherein said Jay Elvin Gettel and Erma M. Gettel, husband and wife, conveyed all that certain tract set forth in Exhibit B to Jay E. Gettel and Erma M. Gettel, husband and wife, and Roger L. Gettel, as Joint Tenants with Right of Survivorship and Not as Tenants in Common. 6. There is no mortgage on the subject property. 7. No person other than the parties to this suit has any interest in the property, which is presently in the possession of all of the parties hereto. 8. No partition or division of the property has ever been made. WHEREFORE, Plaintiffs demand that: A] the Court decree partition of the real estate in such a manner as Jay Elvin Gettel and Erma M. Gettel, husband and wife, shall receive, in kind, their proportionate share of said real estate; B] the share or shares to which the respective parties are entitled be set out to them in severalty and that all proper and necessary convey- ances and assurances be executed for carrying such partition into effect; and that, if the real estate cannot be divided without prejudice to or spoiling the whole, such proper and necessary sale or sales of the same may be made by such persons and in such manner as the Court may direct; and C] such other and further relief be granted as the Court deems just and proper. UP AA Jay Gett y his attomey -in- y I ' ettOP fact, Timothy R. Stine Ric ar L. us man, Esquire Jay Elvin Gettel, by his attonrey -in- 16767 Path Valley Road fact, Dale Gettel P.O. Box 51 Spring Run, PA 17262 -0051 ID # 36406 February 27, 2014 TEL: [717] 349 -7657 FAX: [717] 349 -2982 VERIFICATION 1 verify that the statements made in this Complaint are true and correct. I understand thatfalse statements herein are made subjectto the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: J." 2$- �� $ JR Elvin Gettel Date: Jay in &e#611 his attorney -in -fact, Ti thy R. Stine Date: FIONA Jay Elvin ettel, by is attroney -in -fact, Dale Gettel EXHIBIT A i LIN III IIII�Il lllr (lll l l 111 ll �ll 001NSF COUNTY OF FRANKLIN RECORDER OF DEEDS Linda Miller, Recorder x M a Courthouse 157 Lincoln Way East Chambersburg, PA 17201 � Phone: (717) 261 -3872 N' �� 17tS4 ��� w" * y N N * RETURN DOCUMENT TO: KEYSTONE ELDER LAW PC Instrument Number - 201304395 Recorded On 2/26/2013 At 1:27:25 PM • Instrument Type - POWER OF ATTORNEY Invoice Number - 72694 User ID - DSS * Total Pages - 7 • Grantor - GETTEL, ERMA • Grantee - GETTEL, JAY * FEES STATE WRIT TAX $0.50 This is a certification page COUNTY RECORDING FEE $17.00 COUNTY IMPROVEMENT FEE $2.00 DO NOT DETACH ROD IMPROVEMENT FEE $3.00 TOTAL PAID $22.50 This page is now part of this legal document. I hereby CERTIFY that this document is recorded in the Recorder of Deeds Office of Franklin County, Pennsylvania. . ��ua►uiurµ��� Of Lin a Miller ���.� •••,~ y '��c 2 Recorder of Deeds =Q: C O , :S I=— • P �4, `' ���p111a11HN 1o � * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. UPI jgot ApPllceOle L o NOTICE THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT ") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS, TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS POWER -OF- ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS POWER -OF- ATTORNEY. YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY. YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S FUNDS. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY. THE POWERS AND DUTIES OF AN AGENT UNDER A POWER -OF- ATTORNEY ARE EXPLAINED MORE FULLY IN 20 Pa.C.S. Ch. 56. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU. I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE, AND I UNDERSTAND ITS CONTENTS. Date: ERMA G TEL Page 1 of 6 DURABLE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I, ERMA GETTEL, currently of 178 Walnut Bottom Road, Shippensburg, Pennsylvania, have made, and constituted, JAY GETTEL OR ROGER GETTEL, my true and lawful agent, for me and in my name and on my behalf generally to do and perform all matters and things, transact all business, make, execute and acknowledge all contracts, orders, deeds, writings, assurances and instruments which may be requisite or proper to effectuate any matter or thing appertaining or belonging to me, with the same powers, and to all intents and purposes with the same validity as I could, if personally present; hereby ratifying and confirming whatsoever my said attorney shall and may do, by virtue hereof. In addition to the powers conferred above, I grant the following powers to my Agent as set forth in Section 5601 of the P.E.F. Code of the Commonwealth of Pennsylvania: A. To create trusts for my benefit; B. To make additions to an existing trust for my benefit; C. To disclaim any interest in property; D. To renounce fiduciary positions; E. To withdraw and receive the income or corpus of a trust; F. To engage in real property transactions; G. To engage in tangible personal property transactions; H. To engage in stock, bond and other securities transactions; I. To engage in commodity and option transactions; J. To engage in banking and financial transactions; K. To borrow money on my behalf; L. To enter safe deposit boxes; M. To engage in insurance transactions; N. To engage in retirement plan transactions; O. To handle interests in estates and trusts; P. To pursue claims and litigation; Q. To receive government benefits; R. To pursue tax matters; S. To claim an elective share of the estate of my deceased spouse; T. To authorize or decline medical and surgical procedures; U. To authorize or decline cardiac resuscitation; V. To authorize or decline mechanical respiration; W. To authorize or decline tube feeding or any other artificial or invasive form of nutrition (food) or hydration (water); X. To authorize or decline blood or blood products; Y. To authorize or decline kidney dialysis; Z. To receive information from treatment providers and health plans concerning my Page 2 of 6 personal health information including, but not limited to: Information from behavioral health care providers (mental health and substance abuse providers); Disclosure of HIV and genetic test results; Medical records; Admission to or discharge from a hospital; My current or past physical or psychological condition; Current or past physical examinations that generally includes blood pressure reading, heart rate, breathing rate, temperature, and other information relating to my condition; Delivery of healthcare; Payment of doctors and other providers; Preventative health and disease management; and Measurement and improvement of care and service. I specifically state that the information disclosed by my treatment providers and health plans . is not limited to a disclosure of information directly relevant to my agent's involvement in my care. AA. To authorize or decline the use of antibiotics; and BB. To make gifts and to make limited gifts. To make gifts shall be defined as giving my agent the power to make gifts, for or on behalf of myself, to any Donees (including my agent, unless a corporate agent), and in such amounts as my agent shall decide. This power shall be construed to empower the agent to make gifts in conjunction with Medicaid gift planning, Federal Estate and Pennsylvania Inheritance Tax planning, consistent with the intentions of my then - existing Will, and to make unlimited gifts to my spouse and to make unlimited gifts to or among my issue, per stirpes, to each Donee, either outright or in trust. In the case of a gift to a minor, such gifts may be made IN TRUST or in accordance with the Pennsylvania Uniform Transfers to Minors Act, or by Order of Court. In the case of a gift made in trust, my agent may execute a deed of trust for such purposes, designating one or more persons, including the agent, as original or successor trustees, and may make additions to an existing trust. In making gifts, as previously stated, my agent shall take into account the intentions of my then - existing Last Will and Testament, but my agent need not treat the Donees equally or proportionately and may entirely exclude one or more permissible Donees. The pattern followed on the occasion of any gift or gifts need not be followed on the occasion of any other gift or gifts. Additionally, my Agent shall have the right to specifically deal with, purchase, sell, redeem, register and re- register U. S. Savings Bonds, treasury securities of all kinds, and corporate securities and bonds. This Power of Attorney shall not be affected by my subsequent disability or incapacity. Page 3 of 6 N WITNESS WHEREOF, I have hereunto set my hand and seal this 1 day of Ja t_ & , 2007. Witness Witness ERMA GETTEL, Principal C100\1T 0V KfANYILD\l On this / day of _ �� /jt✓Cj 2007, before me, a notary public, the undersigned officer, personally appeared ERMA GETTEL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the above, and acknowledged the foregoing Power -of- Attorney to be his /her act and deed, and desired the same to be recorded as such. Witness my hand and official seal the day and year aforesaid. otary I ` COMMONWEALTH UI f ELNSYLVANIA Notarial Seal Adam R, Schellhase, Notary Public Chambersburcg 6oro, Franwin County My Commission Expires Apr. 29 Member, Pennsylvania Association of Not?arloa Page 4 of 6 4 ACKNOWLEDGEMENT AS AGENT I, JAY GETTEL, have read the attached Power -of- Attorney and am the person identified as the agent for the principal. I hereby acknowledge that, in the absence of a specific provision to the contrary in the Power -of- Attorney or in 20 Pa. C.S., when I act as agent: I shall exercise the powers for the benefit of the principal. I shall keep the assets of the principal separate from my assets. I shall exercise reasonable caution and prudence. I shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the principal. .� {,u•� _ (SEAL) 4AY"GETTEL, Agent On this 16 day of lld�u'�" 2007, before me, a notary public, the undersigned officer, personally appeared JAY GETTEL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the above, and acknowledged the foregoing to be his/her act and deed, and desired the same to be recorded as such. Notary ublic COMMONWEA OF PkNNSYLVANFA Notarial Sea! Adam R. Schollhase, Notary Public Chanibemburg Born, Frantdln county My Comtnisslon ExrAms Apr. 29,2W9 Member, Pennsylvania Association of Notaries Page 5 of 6 fi ` t ACKNOWLEDGEMENT AS AGENT I, ROGER GETTEL, have read the attached Power -of- Attorney and am the person identified as the agent for the principal. I hereby acknowledge that, in the absence of a specific provision to the contrary in the Power -of- Attorney or in 20 Pa. C.S., when I act as agent: I shall exercise the powers for the benefit of the principal. I shall keep the assets of the principal separate from my assets. I shall exercise reasonable caution and prudence. I shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the principal. Y (SEAL) ROGER GETTEL, Agent On this day of , 2007, before me, a notary public, the undersigned officer, personally appe red ROGER GETTEL, known to me (or satisfactorily proven) to be the person his/her act and deeds and desired acknowledged the foregoing to desired the same to be recorded as such. o r Notary Pu lic CO_ MMONW Aum 0f PENNSYLVANIA Notarial 5 Adam Schenhase, Notary Public ur Boro, Pranitaln Courtly sslon C)Vres Apr. 29, 2009 Member, Pennsylvania Association at Notaries Page 6 of 6 3� �3(og37 THIS DEED MADE THIS day of t�afDli ter , two thousand and six (2006); BETWEEN: JAY ELVIN GETTEL and ERMA M. GETTEL, husband and wilts, of Cumberland County, Pennsylvania, GRANTORS, ? ID: JAY E. GETTEL and ERMA M. GE I I L, husband and wife, and W © a ROGER L. GETTEL, all of Cumberland County, Pennsylvania, AS r, o ° JOINT TENANTS WITH RIGHT OF SURVIVORSHIP AND NOT AS TENANTS IN COMMON, MJ E,l �? ; GRANTEES, cz cm ' WITNESSETH, that in consideration of the sum of One ($1.00) Dollar, the said Grantors do hereby grant and convey, in fee simple, to the said Grantees, ALL that certain tract of land situate partly in Shopensburg Township and partly in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in Public Road Legislative Route 35, leading from Shippensburg to Walnut Bottom, at line of land now or formerly of Albert Myers and Ruth A. Myers, his wife, and land now or formerly of the Borough of Shippensburg; thence along land now or formerly of the Borough of Shippensburg, South 13 degrees 30 minutes 52 seconds East 87.99 feet to a point marked by an iron pin; thence continuing by lands now or formerly of the Borough of Shippensburg North 82 degrees 57 minutes East 30.69 feet to a point marked by an iron pin; thence by lands now or formerly of Frank T. Wyncoop South 24 degrees 11 minutes 25 seconds West 239.53 feet to a point at a post; thence by lands now or formerly of Frank T. Wyncoop South 70 degrees 19 minutes 57 seconds East 260 feet to a point marked by a post; thence along lands now or formerly of B. P. Oil, Inc., South 24 degrees 11 minutes 25 seconds West 894.27 feet to a point at a post; thence along lands now or formerly of John Hershey, North 75 degrees 16 minutes 46 seconds West 769.51 feet to a point marked by an iron pin; thence along other lands now or formerly of Albert Myers and Ruth A. Myers, his wife, North 26 degrees 16 minutes 27 seconds East 1227.50 feet to a point in the center of a public road Legislative Route 35 leading from Shippensburg to Walnut Bottom; thence through the aforesaid Public Road South 75 degrees 12 minutes 1 second East 149.12 feet to a BOOK 276 FAUi 4CA 7 Page 1 of 3 03/11/2014 11:07:47 AM CUMBERLAND COUNTY Inst.# 200636437 - Page 1 of 3 point in the aforesaid public road; thence continuing along the aforesaid public road, South 76 degrees 23 minutes 14 seconds East 231.96 feet to a point in the aforesaid public road at a point, the place of BEGINNING. CONTAINING 18.680 acres, more or less, pursuant to survey of Dougal & McCans, Inc., R.S., dated April 21, 1978. BEING the same real estate which Fred Allen Gettel, by his Deed dated September 8, 1992, and recorded in Cumberland County Deed Book Volume 135, Page 389, conveyed to Jay Elvin Gettel and Erma M. Gettel, his wife, Grantors herein. THIS CONVEYANCE IS A TRANSFER FROM PARENTS TO THEMSELVES AND THEIR SON AND IS THEREFORE EXEMPT FROM REALTY TRANSFER TAX AND THE FILING OF A REALTY TRANSFER TAX STATEMENT OF VALUE. UNDER AND SUBJECT to any existing covenants, easements, encroachments, conditions, restrictions and agreements affecting the property, visible or of record, including, but not limited to, those stated in the aforementioned plan. AND the said Grantors will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day and year first above written. Signed and delivered In the presence of: ..,: OAT ELVIN GE TEL ZL E A .G L Page 2 of 3 book 276 PACE4588 03/11/2014 11:07:47 AM CUMBERLAND COUNTY Inst.# 200636437 - Page 2 of 3 STATE OF PENNSYLVANIA COUNTY OF On this day of 6c — , 2006, before me, a Notary Public, personally appeared JAY ELVIN GETTEL AND ERMA M. GETTEL, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal..: �y nch, NoWy Pu v a L� ` �� Z" it fir. •a - r i1 F'n J . I hereby certify that the Grantees' comp post office address is r3 U. ?VI -1 926, y I ry wft\V%Wk - X*6.n ; �r� f4 t X267 Witness my hand this day of n:4 , 2006. Agent of the Grantees this to be recorded herland County PA Page�43 P. ?- dbrAGr &,p 03/11/2014 11:07:47 AM CUMBERLAND COUNTY Inst.# 200636437 - Page 3 of 3 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson LEL UF` Sheriff 1 I f 1 E PROTHONOT Jody S Smith Chief Deputy Richard W Stewart Solicitor of Comb t, O FiC ?Fri E RIFF 201LI MR 19 PH 4: 06 CUMBERLAND COUNTY PENNSYLVANIA Jay Elvin Gettel vs. Roger L Gettel Case Number 2014 -1441 SHERIFF'S RETURN OF SERVICE 03/13/2014 04:22 PM - Deputy Dawn Kell, 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: Roger L Gettel at 178 Walnut Bottom Rd., Shippensburg Townshi Shippensburg, PA 17257. SHERIFF COST: $51.09 March 14, 2014 (c) ^cun _Sake Sherif`, Teleosoft, . . DAWN KELL, DEPUTY SO ANSWERS, 7 RONN R ANDERSON, SHERIFF IN THE COURT OF COMMON PLEA.%� Jif i -5 Ml 11': 0 "� OF THE 9tJUDICIAL DISTRICT! out CUMBERLAND COUNTY - PENNSYLV,ANWR YPENSdAN1a ��r JAY ELVIN GETTEL and, CIVIL ACTION - LAW ERMA M. GETTEL, Plaintiffs v. ROGER L. GETTEL, Defendant No. 1441 OF 2014 NOTICE TO PLEAD You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt 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 and 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 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 32 S Bedford Street Carlisle PA 17013 717.249.3166 1.800.990.9108 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA JAY ELVIN GETTEL and, CIVIL ACTION - LAW ERMA M. GETTEL, Plaintiffs No. 1441 OF 2014 v. ROGER L. GETTEL, Defendant PRELIMINARY OBJECTIONS FAILURE TO VERIFY COMPLAINT AND FAILURE TO JOIN NECESSARY PARTY NOW COMES the Defendant, ROGER L. GETTEL, by his attorney, Forest N. Myers, Esquire, and preliminarily objects to Plaintiff's Complaint pursuant to Pa. R.C.P. 1028(a)(2) as follows: 1. Plaintiff's pleading fails to conform to Pa. R.C.P. 1024(a), which states: "Every pleading containing an averment of fact now appearing of record in the action... is true upon the Signer's personal knowledge or information and belief and shall be verified." 2. Plaintiff's pleading contains no verification contrary to Pa. R.C.P. 1024(a) above. FAILURE TO JOIN NECESSARY PARTY 3. Plaintiff's Complaint recites that one of the Plaintiffs, namely Erma M. Gettel, is an owner as tenants by the entirities with her husband, Jay Elvin Gettel. 4. As an owner, Erma M. Gettel, is a necessary party to the action. 5. Erma M. Gettel has not signed said Complaint and said Complaint is therefore defective under Pa. R.C.P. 1028(a)(5). WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed. Forest N. My'I✓rs, Esquire Atty I.D.# 18064 137 Park Place West Shippensburg, PA 17257 Phone 717.532.9046 Fax 717.532.8879 e-mail fnmversCa)lawofficeforestmyers.com 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. Cons. Stat. § 4904, relating to unsworn falsification to authorities. Date: G-3-2c��U ROGER L. GETTEL, Defen an IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA JAY ELVIN GETTEL and, CIVIL ACTION - LAW ERMA M. GETTEL, Plaintiffs No. 1441 OF 2014 v. ROGER L. GETTEL, Defendant CERTIFICATE OF SERVICE I, Forest N. Myers, Esquire, certify that a true and correct copy of the foregoing document was served by depositing the same in the United States Mail, First Class, postage prepaid, at Shippensburg, Pennsylvania, on the ' day of June, 2014, on the following: Richard L. Bushman, Esq. 16767 Path Valley Rd POBox 51 Spring Run PA 17262 Forest Myers, Esq. 137 Park P1 W Shippensburg PA 17257 717.532.9046 717.532.8879 fnmyers@lawofficeforestmyers.com Attorney ID No. 18064 JAY ELVIN GETTEL and : IN THE COURT OF COMMON PLEAS ERMA M. GETTEL : OF CUMBERLAND COUNTY (-) Plaintiffs : PENNSYLVANIA VS.:"_;; NO. 14-1441 Civil a> ROGER L. GETTEL `- Defendant : Civil Action - Law >,--) 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 LAW- YER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania TELEPHONE: [717] 249-3166 AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, PA, is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least seventy-two [72] hours prior to any hearing or business before the court. You must attend the scheduled confer- ence or hearing. JAY ELVIN GETTEL and : IN THE COURT OF COMMON PLEAS ERMA M. GETTEL : OF CUMBERLAND COUNTY Plaintiffs : PENNSYLVANIA vs. : NO. 1441 of 2014 ROGER L. GETTEL Defendant : Civil Action - Law AMENDED COMPLAINT IN EQUITY—PARTITION 1. Plaintiffs are Jay Elvin Gettel and Erma M. Gettel, husband and wife, suri juris adults residing in Southampton Township, Franklin County, Pennsylvania, with a mailing address of 3552 Roxbury Ridge Road, Apartment D, Shippensburg, PA 17257. Plaintiff Jay Elvin Gettel is acting on behalf of Plaintiff Erma M. Gettel by virtue of a Power of Attorney [Exhibit A]. 3. Defendant Roger L. Gettel is a suri juris adult individual residing in Southampton Township, Cumberland County, Pennsylvania, with a mailing address of 178 Walnut Bottom Road, Shippensburg, PA 17257. 4. Plaintiffs and defendant are the owners of certain real estate located partly in Shippensburg Township and partly in Southampton Township, Cumberland County as described below [hereinafter sometimes the "Subject Property"], and all the interests of the parties in the property are held as tenants in common with right of survivorship and not as tenants in common and are undivided: BEGINNING at a point in Public Road Legislative Route 35, leading from Shippensburg to Walnut Bottom, at line of land now or formerly of Albert Myers and Ruth A. Myers, his wife, and land now or formerly of the Borough of Shippensburg; thence along land now or formerly of the Borough of Shippensburg, South 13 degrees 30 minutes 52 seconds East 87.99 feet to a point marked by an iron pin; thence continuing by lands now or formerly of the Borough of Shippensburg North 82 degrees 57 minutes East 30.69 feet to a point marked by an iron pin; thence by lands now or formerly of Frank T. Wyncoop South 24 degrees 11 minutes 25 seconds West 239.53 feet to a point at a post; thence by lands now or formerly of Frank T. Wyncoop South 70 degrees 19 minutes 57 seconds East 260 feet to a point marked by a post; thence along lands now or formerly of B.P. Oil, Inc., South 24 degrees 11 minutes 25 seconds West 894.27 feet to a point at a post; thence along lands now or formerly of John Hershey, North 75 degrees 16 minutes 46 seconds West 769.51 feet to a point marked by an iron pin; thence along other lands now or formerly of Albert Myers and Ruth A. Myers, his wife, North 26 degrees 16 minutes 27 seconds East 1227.50 feet to a point in the center of a public road Legislative Route 35 leading from Shippensburg to Walnut Bottom; thence through the aforesaid public road South 75 degrees 12 minutes 1 second East 149.12 feet to a point in the aforesaid public road; thence continuing along the aforesaid public road, South 76 degrees 23 minutes 14 seconds East 231.96 feet to a point in the aforesaid public road at a point, the place of BEGINNING. CONTAINING 18.680 acres, more or less, pursuant to survey of Dougal & McCans, Inc., R.S., dated April 21, 1978. 5. The parties acquired title to the property known as the Shippensburg Speedway by deed from Jay Elvin Gettel and Erma M. Gettel, husband and wife, dated October 1, 2006 recorded in the office of the Recorder of Deeds of Cumberland County in Deed Book No. 276, Page 4987 [Exhibit B] wherein said Jay Elvin Gettel and Erma M. Gettel, husband and wife, conveyed all that certain tract set forth in Exhibit B to Jay E. Gettel and Erma M. Gettel, husband and wife, and Roger L. Gettel, as Joint Tenants with Right of Survivorship and Not as Tenants in Common. 6. There is no mortgage on the subject property. 7. No person other than the parties to this suit has any interest in the property, which is presently in the possession of all of the parties hereto. 8. No partition or division of the property has ever been made. WHEREFORE, Plaintiffs demand that: A] the Court decree partition of the real estate in such a manner as Jay Elvin Gettel and Erma M. Gettel, husband and wife, shall receive, in kind, their proportionate share of said real estate; B] the share or shares to which the respective parties are entitled be set out to them in severalty and that all proper and necessary convey- ances and assurances be executed for carrying such partition into effect; and that, if the real estate cannot be divided without prejudice to or spoiling the whole, such proper and necessary sale or sales of the same may be made by such persons and in such manner as the Court may direct; and C] such other and further relief be granted as the Court deems just and proper. Jay Elv`)i Get el, by is attorney-in- fact, Tfothy R. Stine Jay Elvin Gettel, by his attonrey-in- fact, Dale Gettel kiL Adis E trla M. Gettel, by her attorney-in- fact, Jay Elvin Gettel Richard L. shman, Esquire 16767 Path Valley Road P.O. Box 51 Spring Run, PA 17262-0051 ID # 36406 TEL: [717] 349-7657 FAX: [717] 349-2982 VERIFICATION I verify that the statements made in this 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. Date: 6 "AV- /Y Date: 6-2`f-�cf Date: -62y, /If Date: 6 - 2 1 ay Elvin Gettel Jay El S in Gette[ by is attorney-in-fact, Timot y R. Stine al ri1V:61 Jay Elvin Gettel, by his attroney-in-fact, Dale Gettel sibivw Erma M Gettel, by his attorney-in-fact, Jay Elvin Gettel EXHIBIT A Instrument Number - 201304395 Recorded On 2/26/2013 At 1:27:25 PM * Instrument Type - POWER OF ATTORNEY Invoice Number - 72694 User ID - DSS * Grantor - GETTEL, ERMA * Grantee - GETTEL, JAY * FEES STATE WRIT TAX COUNTY RECORDING FEE COUNTY IMPROVEMENT FEE ROD IMPROVEMENT FEE TOTAL PAID $0.50 $17.00 $2.00 $3.00 $22.50 COUNTY OF FRANKLIN RECORDER OF DEEDS Linda Miller, Recorder Courthouse 157 Lincoln Way East Chambersburg, PA 17201 Phone: (717) 261-3872 *RETURN DOCUMENT TO: KEYSTONE ELDER LAW PC * Total Pages - 7 This is a certification page DO NOT DETACH This page is now part of this legal document. I hereby CERTIFY that this document is recorded in the Recorder of Deeds Office of Franklin County, Pennsylvania. Lin7a Miller Recorder of Deeds * Information denoted by an asterisk may change during the verification process and may not be reflected on this page. UI Not Applicable NOTICE THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS. TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THIS POWER-OF-ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS POWER-OF-ATTORNEY. YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY. YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S FUNDS. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY. THE POWERS AND DUTIES OF AN AGENT UNDER A POWER-OF- ATTORNEY ARE EXPLAINED MORE FULLY IN 20 Pa.C.S. Ch. 56. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU. I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE, AND I UNDERSTAND ITS CONTENTS. Date: ERgEL Page 1 of 6 DURABLE POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, that I, ERMA GETTEL, currently of 178 Walnut Bottom Road, Shippensburg, Pennsylvania, have made, and constituted, JAY GETTEL OR ROGER GETTEL, my true and lawful agent, for me and in my name and on my behalf generally to do and perform all matters and things, transact all business, make, execute and acknowledge all contracts, orders, deeds, writings, assurances and instruments which may be requisite or proper to effectuate any matter or thing appertaining or belonging to me, with the same powers, and to all intents and purposes with the same validity as I could, if personally present; hereby ratifying and confirming whatsoever my said attorney shall and may do, by virtue hereof. In addition to the powers conferred above, I grant the following powers to my Agent as set forth in Section 5601 of the P.E.F. Code of the Commonwealth of Pennsylvania: A. To create trusts for my benefit; B. To make additions to an existing trust for my benefit; C. To disclaim any interest in property; D. To renounce fiduciary positions; E. To withdraw and receive the income or corpus of a trust; F. To engage in real property transactions; G. To engage in tangible personal property transactions; H. To engage in stock, bond and other securities transactions; I. To engage in commodity and option transactions; J. To engage in banking and financial transactions; K. To borrow money on my behalf; L. To enter safe deposit boxes; M. To engage in insurance transactions; N. To engage in retirement plan transactions; O. To handle interests in estates and trusts; P. To pursue claims and litigation; Q. To receive government benefits; R. To pursue tax matters; S. To claim an elective share of the estate of my deceased spouse; T. To authorize or decline medical and surgical procedures; U. To authorize or decline cardiac resuscitation; V. To authorize or decline mechanical respiration; W. To authorize or decline tube feeding or any other artificial or invasive form of nutrition (food) or hydration (water); X. To authorize or decline blood or blood products; Y. To authorize or decline kidney dialysis; Z. To receive information from treatment providers and health plans concerning my Page 2 of 6 personal health information including, but not limited to: Information from behavioral health care providers (mental health and substance abuse providers); Disclosure of HIV and genetic test results; Medical records; Admission to or discharge from a hospital; My current or past physical or psychological condition; Current or past physical examinations that generally includes blood pressure reading, heart rate, breathing rate, temperature, and other information relating to my condition; Delivery of healthcare; Payment of doctors and other providers; Preventative health and disease management; and Measurement and improvement of care and service. I specifically state that the information disclosed by my treatment providers and health plans is not limited to a disclosure of information directly relevant to my agent's involvement in my care. AA. To authorize or decline the use of antibiotics; and BB. To make gifts and to make limited gifts. To make gifts shall be defined as giving my agent the power to make gifts, for or on behalf of myself, to any Donees (including my agent, unless a corporate agent), and in such amounts as my agent shall decide. This power shall be construed to empower the agent to make gifts in conjunction with Medicaid gift planning, Federal Estate and Pennsylvania Inheritance Tax planning, consistent with the intentions of my then - existing Will, and to make unlimited gifts to my spouse and to make unlimited gifts to or among my issue, per stirpes, to each Donee, either outright or in trust. In the case of a gift to a minor, such gifts may be made IN TRUST or in accordance with the Pennsylvania Uniform Transfers to Minors Act, or by Order of Court. In the case of a gift made in trust, my agent may execute a deed of trust for such purposes, designating one or more persons, including the agent, as original or successor trustees, and may make additions to an existing trust. In making gifts, as previously stated, my agent shall take into account the intentions of my then -existing Last Will and Testament, but my agent need not treat the Donees equally or proportionately and may entirely exclude one or more permissible Donees. The pattern followed on the occasion of any gift or gifts need not be followed on the occasion of any other gift or gifts. Additionally, my Agent shall have the right to specifically deal with, purchase, sell, redeem, register and re -register U. S. Savings Bonds, treasury securities of all kinds, and corporate securities and bonds. This Power of Attorney shall not be affected by my subsequent disability or incapacity. Page 3 of 6 N WITNESS WHEREOF, I have hereunto set my hand and seal this / day of JO z%{ , 2007. Wiehifit Witness Witness &444-ax9Le,itte, ERMA GETTEL, Principal COVNiI CA V.RANI .tQI j On this f day of L/l�yC.4,/47 2007, before me, a notary public, the undersigned officer, personally appeared ERMA GETTEL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the above, and acknowledged the foregoing Power -of -Attorney to be his/her act and deed, and desired the same to be recorded as such. Witness my hand and official seal the day and year aforesaid. COMMONWEAL IH UI- PENNSYLVANIA Notarial Seal Adam R. Schellhase, Notary Public Chambersburg Boro, Franklin County My Commission Expires Apr. 29, 2009 Member, Pennsylvania Association of Notxrtos Page 4 of 6 ACKNOWLEDGEMENT AS AGENT I, JAY GETTEL, have read the attached Power -of -Attorney and am the person identified as the agent for the principal. I hereby acknowledge that, in the absence of a specific provision to the contrary in the Power -of -Attorney or in 20 Pa. C.S., when I act as agent: I shall exercise the powers for the benefit of the principal. I shall keep the assets of the principal separate from my assets. I shall exercise reasonable caution and prudence. I shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the principal. /1,1, (SEAL) rGETTEL, Agent On this day of cjah,//4/' , 2007, before me, a notary public, the undersigned officer, personally appeared JAY GETTEL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the above, and acknowledged the foregoing to be his/her act and deed, and desired the same to be recorded as such. Notary ublic 1v07 7 COMMONWEALTH Or PENN YLVANIA Notarial Seal Adam R Schelihase, Nolan/ Public Chambersburg Bore, Franklin County My Commission Expires Apr. 29,2009 ember, Pennsylvania Association of Notaries Page 5 of 6 ACKNOWLEDGEMENT AS AGENT I, ROGER GETTEL, have read the attached Power -of -Attorney and am the person identified as the agent for the principal. I hereby acknowledge that, in the absence of a specific provision to the contrary in the Power -of -Attorney or in 20 Pa. C.S., when I act as agent: I shall exercise the powers for the benefit of the principal. I shall keep the assets of the principal separate from my assets. I shall exercise reasonable caution and prudence. I shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the principal. (SEAL) ROGER GETTEL, Agent On this g day of (7ht4iV , 2007, before me, a notary public, the undersigned officer, personally appe6red ROGER GETTEL, known to me (or satisfactorily proven) to be the person whose name is subscribed to the above, and acknowledged the foregoing to be his/her act and deed, and desired the same to be recorded as such. PENNSYLVANIA Page 6 of 6 EXHIBIT B CC Lt.1 Lam CC w ".;y r.� 313^7 MADE THIS BETWEEN: SID: THIS DEED day of Oc.tPI Gr , two thousand and six (2006); JAY ELVIN GETTEL and ERMA M. GETTEL, husband and wife, of Cumberland County, Pennsylvania, GRANTORS, JAY E. GETTEL and ERMA M. GETTEL, husband and wide, and ROGER L. GETTEL, all of Cumberland County, Pennsylvania, AS JOINT TENANTS WITH RIGHT OF SURVIVORSHIP AND NOT AS TENANTS IN COMMON, G NTEES, WITNESSETH, that in consideration of the sum of One ($1.00) Dollar, the said Grantors do hereby grant and convey, in fee simple, to the said Grantees, ALL that certain tract of land situate partly in Shippensburg Township and partly in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point in Public Road Legislative Route 35, leading, from Shippensburg to Walnut Bottom, at line of land now or formerly of Albert Myers and Ruth A. Myers, his wife, and land now or formerly of the Borough of Shippensburg; thence along land now or formerly of the Borough of Shippensburg, South 13 degrees 30 minutes 52 seconds East 87.99 feet to a point marked by an iron pin; thence continuing by lands now or formerly of the Borough of Shippensburg North 82 degrees 57 minutes East 30.69 feet to a point marked by an iron pin; thence by lands now or formerly of Frank T. Wyncoop South 24 degrees 11 minutes 25 seconds West 239.53 feet to a point at a post; thence by lands now or formerly of Frank T. Wyncoop South 70 degrees 19 minutes 57 seconds East 260 feet to a point marked by a post; thence along Iaids now or formerly of B.P. Oil, Inc., South 24 degrees 11 minutes 25 seconds West 894.27 feet to a point at a post; thence along lands now or formerly of John Hershey, North 75 degrees 16 minutes 46 seconds West 769.51 feet to a point marked by an iron pin; thence along other lands now or formerly of Albert Myers and Ruth A. Myers, his wife, North 26 degrees 16 minutes 27 seconds East 1227.50 feet to a point in the center of a public road Legislative Route 35 leading from Shippensburg to Walnut Bottom; thence through the aforesaid Public Road South 75 degrees 12 minutes 1 second Ef st 149.12 feet to a BOOK 276 NuilS87 3/11/2014 11:07:47 AM Page 1 of 3 CUMBERLAND COUNTY Inst.# 200636437 - Page 1 of 3 point in the aforesaid public road; thence continuing along the aforesaid public road, South 76 degrees 23 minutes 14 seconds East 231.96 feet to a point in the aforesaid public road at a point, the place of BEGINNING. CONTAINING 18.680 acres, more or less, pursuant to survey o Inc., R.S., dated April 21, 1978. Dougal & McCans, BEING the same real estate which Fred Allen Gettel, by his Deed dated September 8, 1992, and recorded in Cumberland County Deed Book Volume 135, Page 389, conveyed to Jay Elvin Gettel and Erma M. Gettel, his wife, Grantors herein. THIS CONVEYANCE IS .A TRANSFER FROM PARENTS I TO THEMSELVES AND THEIR SON AND IS THEREFORE EXEMPT FROM REALTY TRANSFER TAX AND THE FILING OF A REALTY TRANSFER TAX STATEMENT OF VALUE. UNDER AND SUBJECT to any existing covenants, easements, encroachments, conditions, restrictions and agreements affecting the property, visible or of record, including, but not limited to, those stated in the aforementioned plan. AND the said Grantors will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day and year first above written. Signed and delivered In the presence of: -44-441At Ytkvt,e.k_ tELV1N GETTEL '61-aitcya6,- VA+viia 6.41rthated 3/11/2014 11:07:47 AM Page 2 of 3 soox 276 ?AcE4988 CUMBERLAND COUNTY Inst.# 200636437 - Page 2 of 3 STATE OF PENNSYLVANIA COUNTY OF Cat443$1•10.4 On this I °I-- day of Ocsit4aar. , 2006, before me, a Notary Public, personally appeared JAY ELVIN GETTEL AND ERMA M. GETTEL, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. • • IN WITNESS WHEREOF, I have hereunto set my hand and official se NORM %al &MOM Lynch, 1=InPublc My Canada/lam Ewan A/ay 1, 0 Ch Elam, Member, Poinsylvsnla AmocialoncI Nomame I hereby certify that the Grantees' co rri5 V30\wu$4her,s in) 0,311vwki- 04.7W-crn post office address is, f fenb 01- 177151 66' ppeAsbartta_ f4 19961 Witness my hand this day of ,2006. Pa Agent of the Grantees --!tify this to be recorded I. _ umberland County PA ?014 11:07:47 AM CUMBERLAND COUNTY lnst # 200636437 - Pae 3 of 3 JAY ELVIN GETTEL and ERMA M. GETTEL Plaintiffs vs. ROGER L. GETTEL Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY �© l{, : PENNSYLVANIA t- - NO. 1441 of 2014 s • : Civil Action - Law ! yam; CERTIFICATE OF SERVICE I hereby certify that on the 3rd day of July, 2014, I have served the Amended Complaint filed July 2, 2014, by United States First Class Mail, postage prepaid, by mailing same at Spring Run, Pennsylvania, to the party or their attorney of record as set forth below, which service is in accordance with the requirements of PA.R.C.P 440(a): Forest N. Myers, Esquire 137 Park Place West Shippensburg PA 17257 Dated: 7/16/14 i �' • L. Bu hman, Esq. Attorney for Plaintiffs 16767 Path Valley Road PO Box 51 Spring Run PA 17262 Pa. I.D. # 36406 TEL: [717] 349-7657 FAX: [717] 349-2982 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA JAY ELVIN GETTEL and, CIVIL ACTION - LAW ERMA M. GETTEL, Plaintiffs v. ROGER L. GETTEL, Defendant No. 1441 OF 2014 NOTICE TO PLEAD OF 11:`J`1 t'a THONO 2014 JUL 30 CUAIQER Y1'13 PENNSI q SON r �iA You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt 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 and 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 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 32 S Bedford Street Carlisle PA 17013 717.249.3166 1.800.990.9108 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA JAY ELVIN GETTEL and, CIVIL ACTION - LAW ERMA M. GETTEL, Plaintiffs No. 1441 OF 2014 v. ROGER L. GETTEL, Defendant PRELIMINARY OBJECTIONS FAILURE TO JOIN NECESSARY PARTY NOW COMES the Defendant, ROGER L. GETTEL, by his attorney, Forest N. Myers, Esquire, and preliminarily objects to Plaintiff's Amended Complaint pursuant to Pa. R.C.P. 1028(a)(2) as follows: 1. Plaintiff's pleading fails to conform to Pa. R.C.P. 1028(a)(5), "lack of capacity to sue, nonjoinder of a necessary party or misjoinder of a cause of action;" 2. Plaintiff's pleading is signed by Timothy R. Stine and Dale Gettel, as Agents or attorneys -in -fact for Jay Elvin Gettel, but Jay Elvin Gettel signed the Amended Complaint individually and as agent for Erma M. Gettel. 3. Defendant avers that Jay Elvin Gettel is incapacitated which is the basis for Timothy R. Stine and Dale Gettel acting in his behalf and that Jay Elvin Gettel lacks the capacity to sign a document as agent for Erma Gettel. WHEREFORE, Defendant respectfully requests that Plaintiff's Complaint be dismissed. Forest N. Myers, Esquire Atty I.D.# 18064 137 Park Place West Shippensburg, PA 17257 Phone 717.532.9046 Fax 717.532.8879 e-mail fnmyers@lawofficeforestmyers.com • 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. Cons. Stat. § 4904, relating to unsworn falsification to authorities. Date: S`y 2 1k4 - ROGER L. GETTEL, Defendant 0 i91-10, 0:1-A IN THE COURT OF COMMON PLEAS 2"}�' ` OF THE 9th JUDICIAL DISTRICT , t � , ' 1 214 CUMBERLAND COUNTY - PENNSYLVAN rp'12ERLAND COUNT FENNSYLVAt1qY JAY ELVIN GETTEL and, CIVIL ACTION - LAW ERMA M. GETTEL, Plaintiffs v. ROGER L. GETTEL, Defendant No. 1441 OF 2014 NOTICE TO PLEAD You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt 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 and 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 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 32 S Bedford Street Carlisle PA 17013 717.249.3166 1.800.990.9108 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA JAY ELVIN GETTEL and, CIVIL ACTION - LAW ERMA M. GETTEL, Plaintiffs v. ROGER L. GETTEL, Defendant No. 1441 OF 2014 ANSWER Now comes the Defendant, Roger L. Gettel, by his attorney, Forest N Myers, Esquire and Answers the Amended Complaint of the Plaintiffs as follows: 1. ADMITTED. 2. ADMITTED. 3. ADMITTED. 4. ADMITTED. 5. ADMITTED. 6. ADMITTED. 7. ADMITTED. 8. ADMITTED. WHEREFORE, Defendant prays your Honorable Court to: A: Deny the Partition of the said property B: Such other relief as the Court shall deem just and proper. NEW MATTER 9. Paragraphs 1 through 8 are incorporated herein by reference as though fully set forth. 10. Defendant believes and therefore avers that Jay Elvin and Erma M Gettel had orally provided that Roger L. Gettel was to receive the entire property, the "subject property" upon their deaths and that said property was not to be sold or otherwise disposed of prior thereto. 11. Defendant believes and therefore avers that Timothy R. Stine and Dale Gettel operating under the color of a Power of Attorney have and continue to interfere with the relationship between Jay Elvin Gettel and Erma M Gettel and the Defendant in such manner as to deny him his rightful ownership of the property. 12. Defendant believes and therefore avers that for over ten years Defendant and Jay Elvin Gettel operated the Shippensburg Speedway as a joint venture under Shippensburg Speedway, Inc. and that Jay Elvin Gettel understood and agreed that Defendant was to be the sole operator of the business. WHEREFORE, Defendant requests your Honorable Court to dismiss the Complaint in Partition filed in this matter, with prejudice and such other relief as the Court deems appropriate. Forest N. Myers, Esquire Atty I.D.# 18064 137 Park Place West Shippensburg, PA 17257 Phone 717.532.9046 Fax 717.532.8879 e-mail fnmyers@lawofficeforestmvers.com I verify that the statements made in this Answer to Amended Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904, relating to unsworn falsification to authorities. Date: ROGER L. GETTEL, Defendant IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY - PENNSYLVANIA JAY ELVIN GETTEL and, CIVIL ACTION - LAW ERMA M. GETTEL, Plaintiffs No. 1441 OF 2014 v. ROGER L. GETTEL, Defendant CERTIFICATE OF SERVICE I, Forest N. Myers, Esquire, certify that a true and correct copy of the Answer and New Matter was served by depositing the same in the United States Mail, First Class, postage prepaid, at Shippensburg, Pennsylvania, on the day of , 2014, on the following: Richard L. Bushman, Esq. 16767 Path Valley Rd POBox 51 Spring Run PA 17262 Forest N. Myers, Esq. 137 Park P1 W Shippensburg PA 17257 717.532.9046 717.532.8879 fnmyersOlawofficeforestmyers.com Attorney ID No. 18064 JAY ELVIN GETTEL and : IN THE COURT OF COMMON PLEAS ERMA M. GETTEL, : OF CUMBERLAND COUNTY, Plaintiffs : PENNSYLVANIA vs. : No.2014-1441 Civil C") ROGER L. GETTEL, : Civil Action - Law i° n An Defendant : ASSIGNED JUDGE: = —4 <d PETITION FOR STAY OF PROCEEDINGS c us -.4 AND NOW, comes Petitioner, Roger L. Gettel, by and through his counsel, Bradley L. Griffie, Esquire, and the law firm of Griffie & Associates, P.C., and petitions the Court as follows: 1. Petitioner is the above named Defendant, Roger L. Gettel, an adult individual currently residing at 178 Walnut Bottom Road, Shippensburg, Pennsylvania, 17257. 2. Respondents are the above named Plaintiffs, Jay and Elvin Gettel and Erma M. Gettel, husband and wife and adult individuals currently residing at 3552 Roxbury Ridge, Apartment D, Shippensburg, Pennsylvania, 17257. 3. Respondent, Jay Elvin Gettel, is allegedly acting on behalf of Respondent, Erma M. Gettel by virtue of a Power of Attorney. 4. Respondent, Erma M. Gettel, who is incapacitated, has appeared in these proceedings solely through her alleged Power of Attorney, Respondent, Jay Elvin Gettel. 5. Respondents have initiated a Complaint in Partition against Petitioner to the above docketed action. 6. Respondent, Jay Elvin Gettel, has appeared in these proceedings individually and through his alleged attorneys in fact, Timothy R. Stein and Dale Gettel. 7. There is pending with the Court of Common Pleas of the 39th Judicial District — Franklin County Branch at this time, a Petition to name a guardian for Respondent, Jay Elvin Gettel, due to the Respondent's incapacity, a copy of the most recent Order from those proceedings being attached hereto and incorporated herein by reference as Exhibit "A." 8. Pennsylvania Rules of Civil Procedure number 2053 specifically provides: A plaintiff who is an incapacitated person shall be represented by a guardian or by a guardian ad litem who shall supervise and control the conduct of the action in the plaintiff's behalf. 9. The incapacity of Respondent, and the naming of a guardian, is currently pending as previously stated such that no additional proceedings should be pursued in the instant proceedings until such time as the Court addressing the guardianship request has been able to address that matter. 10. By including the Respondent, Jay Elvin Gettel's alleged attorneys in fact as signators on the Complaint, the alleged attorneys in fact have suggested the need to have their involvement and further suggested the incapacity of Respondent, Jay Elvin Gettel. 11. Pennsylvania Rules of Civil Procedure number 2056 provides: If, at any time during the pendency of the action, the court shall find that the plaintiff is an incapacitated person, who is not represented in the action by a guardian or a guardian ad litem, the court shall either... Stay all proceedings and enter an order directing that the plaintiff be represented in the action by a guardian within such reasonable time as the court shall direct. Notice of such order shall be given to such persons and in such manner as the court may direct. If a guardian is not appointed within the specified time, the court shall appoint a guardian ad litem. 12. In order to be in compliance for the Pennsylvania Rules of Civil Procedure, the Court must stay the present proceedings herein until such time as the companion action, claiming and declaring the incapacity of Respondent and requesting the appointment of a guardian, is concluded in its entirety, thereby allowing the instant proceedings to continue pursuant to the terms of the Pennsylvania Rules of Civil Procedure. 13. A guardian has not been appointed for Respondent, Erma M Gettel. 14. Respondent, Erma M. Gettel, has only appeared in these proceedings through her alleged Power of Attorney, Jay Elvin Gettel, who is the subject of the pending petition for appointment of guardian due to his alleged incapacity. 15. A copy of the instant Petition has been provided to counsel for Respondents and the alleged attorneys in fact, prior to the time of filing. WHEREFORE, Petitioner requests your Honorable Court to issue a Rule upon Respondents to show cause, if any they have, as to why the instant proceedings should not be stayed until such time as the Court of Common Please of the 39th Judicial District — Franklin County Branch has made a determination relative to the capacity of Respondent, Jay Elvin Gettel, and relative to the naming of a guardian for both Respondents in such case of incapacity, and further, that the proceedings herein be stayed pending a resolution of this Petition. Respectfully Submitted, C, . ri/ri e, Esquire ! ey for, ° etitioner/Defendant S.preme Court ID No. 34349 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 IN THE COURT OF COMMON PLEAS OF THE 39th.TUDICIAL DISTRICT OF PENNSYLVANIA — FRANKLIN COUNTY BRANCH IN RE: JAY ELVIN GETTEL, : ORPHANS' COURT DIVISION a/k/a JAY E. GETTEL AN ALLEGED INCAPACITATED PERSON : NO. 110—OC-2014 ORDER FOR THE SCHEDULING OF A HEARING ON THE REQUEST FOR A PERMANENT GUARDIAN OF THE APPOINTMENT OF GUARDIAN OF THE PERSON AND ESTATE OF PERSON AND ESTATE OF JAY ELVIN GETTEL, a/k/a, JAY E. GETTEL AND NOW, this (p day of Oc,-Fobe---6 , 2014, upon consideration of the Amended Petition under 5511 of Title 20, Decedents, Estates and Fiduciaries Code to Appoint a Permanent Guardian of the Person and Estate of Jay Elvin Gettel, a/k/a, Jay E. Gettel, IT IS HEREBY ORDERED AND DECREED: An evidentiary hearing on the Amended Petition under 5511 of Title 20, Decedents, Estates and Fiduciaries Code to Appoint a Permanent Guardian of the Person and Estate of Jay Elvin Gettel, a/k/a, Jay E. Gettel, shall be held before the Honorable Shawn D. Meyers, Franklin County Courthouse, 157 Lincoln Way East, Chambersburg, Pennsylvania, on Thursday, December 18, 2014, at *00 1:36 p.m. 2. Janice M. Hawbaker, Esquire, who was previously court-appointed as counsel for MR. GETTEL, remains as court-appointed counsel. EXHIBIT OCT 07 2p014 ATT • AT 3. The Petitioner shall cause service of this Order, attached Amended Petition, and Citation with Notice upon MR. GETTEL by serving his counsel Janice M. Hawbaker, Esquire, by first class mail, postage prepaid or via hand delivery. 4. The Petitioner shall cause service of this Order, attached Amended Petition and Citation with Notice upon the Power of Attorney, Timothy R. Strine, at 380 Bordertown Road, Woodsbury, Pennsylvania 16695 by first class mail, postage prepaid. 5. The Petitioner shall cause service of this Order, attached Amended Petition and Citation with Notice upon the caretaker, Roy and Brenda Hershey, at 3552 Roxbury Road, Shippensburg, Pennsylvania 17257 by first class mail, postage prepaid. 6. The Petitioner shall cause service of this Order, attached Amended Petition and Citation with Notice upon the spouse and presumptive adult heirs, by first class mail, postage prepaid, as follows: Erma M. Gettel, spouse 3352 Roxbury Road Shippensburg, PA 17257 Dale Gettel, son 802 Woodlawn Circle Chambersburg, PA 17201 Janet Michael, daughter 13907 Sunrise Drive Hagerstown, MD 21740 Ken Gettel, son 1642 Ritner Highway Shippensburg, PA 17257 Arlene Rhodes, daughter 435 Kraiss Avenue Chambersburg, PA 17201 Fred Gettel, son 5616 Orrstown Road Orrstown, PA 17244 Dana Gettel, son 7111 Roxbury Road Shippensburg, PA 17257 Judy Stine, daughter 380 Bordertown Road Woodbury, PA 16695 Roger L. Gettel, son 178 Walnut Bottom Road Shippensburg, PA 17257 7. Medical testimony may be provided at the hearing via telephone speakerphone, provided counsel for MR. GETTEL does not object, such testimony to be arranged with the Court by counsel for the Petitioner. BY THE COURT, VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: 110 lel /ILI ROGER L. GETTEL JAY ELVIN GETTEL and : IN THE COURT OF COMMON PLEAS ERMA M. GETTEL, : OF CUMBERLAND COUNTY, Plaintiffs : PENNSYLVANIA vs. : No. 2014-1441 Civil ROGER L. GETTEL, : Civil Action - Law Defendant : ASSIGNED JUDGE: CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the day of October, 2014, cause a copy of Petitioner's Petition for Stay of Proceedings to be served upon Respondents by serving their attorney of record, Richard L. Bushman, Esquire, by first- class mail, postage prepaid at the following address: DATE: Richard L. Bushman, Esquire 16767 Path Valley Road P.O. Box 51 Spring Run, PA 17262-0051 riffle, Esquire or Petitioner/Defendant upreme Court ID No. 34349 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 JAY ELVIN GETTEL and : IN THE COURT OF COMMON PLEAS ERMA M. GETTEL : OF CUMBERLAND COUNTY Plaintiffs : PENNSYLVANIA vs. ROGER L GETTEL Defendant : NO. 14-1441 Civil : Civil Action - Law ANSWER TO NEW MATTER C) "TS rT1 CD Z rT1 CP r— ..< r- c-) cp 5 -4 Cri NOW COMES Jay Elvin Gettel and Erma M. Gettel, husband and wife, by and through their attorney, Richard L. Bushman, Esquire, and files the within Answer to the NEW MATTER of the Defendant [their son]: 9. No response is required. 10. Denied as no oral statements regarding the promise to transfer of real estate are enforceable under Pennsylvania law; Strict proof thereof is demanded at trial. 11. Denied that Timothy R. Stine and/or Dale Gettel have interfered with the relationship between Jay Elvin Gettel and Erma M. Getel and Rogert Gettel. Further, strict proof thereof is demanded at trial. 12. Denied as Shippensburg Speedway, Inc. was incorporated on April 8, 1988. It is further averred that the operation of Shippensburg Speedway, Inc., is a matter of corporate governance and not germane to the present litigation. WHEREFORE, Plaintiffs pray that the New Matter be dismissed and such other relief as the Court deems appropriate and just. September 26, 2014 man, ;.0re ey or Plaintiff 16767 Path Valley oad P.O. Box 51 Spring Run, P 17262-0051 ID # 36406 TEL: [7, 349-7657 FAX: 7 71349-2982 VERIFIC TION I Verify that the statements made in this ANSWER are true and correct. I understand that false statements herein are made subject to he penalties of 18 Pa.C.S.§4904, relating to unsworn falsification to authorities. Date: Date: Date: Date: Jthv Elvin Gettel Jay Ivin G , by his attomey-in-fact, Timothy R. Stine Jay Elvin Gettel, by his attroney-in-fact, Dale Gettel e Erma M Gettel, by her attorney-in-fact, Jay Elvin Gettel JAY ELVIN GETTEL and ERMA M. GETTEL Plaintiffs VS. ROGER L. GETTEL : IN THE COURT OF COMMON PLEAS c'c,- -c•I : OF CUMBERLAND COUNTY PENNSYLVANIAr- -, ....... --,-.1 _.,.., ._.,, ....< .1.. - .....4 L„..2,. ,;',-.-3 --;:'•;, : NO. 1441 of 2014 Defendant : Civil Action - Law CERTIFICATE OF SERVICE r") I hereby certify that on the 11th day of October, 2014, I have served a .copy of the Answer to New Matter filed on October 9th, 2014, by United States First Class Mail, postage prepaid, by mailing same at Spring Run, Pennsylvania, to the party or their attorney of record as set forth below, which service is in accordance with the requirements of PA.R.C.P 440(a): Forest N. Myers, Esquire 137 Park Place West Shippensburg PA 17257 Dated: October 11, 2014 Bradley L. Griffie, Esq. 200 North Hanover St. Carlisle, PA 17103 ush an, Esq. ttVy for PI tiffs 16767 Path \ Iley Road PO Box 51 Spring Run PA 17262 Pa. I.D. # 36406 TEL: [717] 349-7657 FAX: [717] 349-2982 JAY ELVIN GETTEL and IN THE COURT OF COMMON PLEAS ERMA M. GETTEL, OF CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA vs. No. 2014-1441 Civil ROGER L. GETTEL, Civil Action-Law Defendant ASSIGNED JUDGE: ORDER OF COURT AND NOW, this 8-i�lt day of , 2014, upon presentation and consideration of the within Petition for Stay, a Rule is hereby issued upon Respondents, Jay Elvin Gettel and Erma M. Gettel, to show cause, if any they have, as to why the proceedings should not be stayed pending resolution of the Petition for Guardianship, as amended, which is pending before the Honorable Shawn D. Meyers of the Court of Common Pleas of the 39'" Judicial District - Franklin County Branch, Pennsylvania. Pending resolution of this Petition for Stay, further proceedings in this matter are STAYED. Rule returnable 1 days after service upon counsel of record for Respondents. By the Court, J. C-) Cc: Richard L. Bushman, Esquire Attorney for Respondent/Plaintiffs M c:> r�V Bradley L. Griffie, Esquire r�-x cn ' Attorney for Petitioner/Defendant Cj 37�% :r ?Li JAY ELVIN GETTEL and ' ` ,ifl hL, i/14 THE COURT OF COMMON PLEAS ERMA M. GETTEL, P "'f NOV 1$ � 8: c; F-CUMBERLAND COUNTY, Plaintiffs PENNSYLVANIA vs. RLF1PdS YLYA.Pdt�� : No. 2014-1441 Civil ROGER L. GETTEL, : Civil Action — Law Defendant :ASSIGNED JUDGE: CHRISTYLEE L. PECK PETITION TO MAKE RULE ABSOLUTE AND NOW, comes Petitioner, Roger L. Gettel, by and through his counsel, Bradley L. Griffie Esquire, and the law firm of Griffie and Associates, P.C., and petitions the Court as follows: 1. Petitioner filed a Petition for Stay of Proceedings in the above -captioned matter on October 9, 2014. 2. Pursuant to the Petition, an Order of Court and. Rule to Show Cause was issued by your Honorable Court providing Respondents, Jay Elvin Gettel and Erma M. Gettel, 20 days after service upon counsel of record to respond to the Order and Rule. 3. By correspondence of October 21, 2014, a copy of the Petition and resulting Order of Court dated October 14, 2014, was served by first class mail, postage prepaid, upon counsel for Respondents, Richard L. Bushman, Esquire, at his address of PO Box 51, 16767 Path Valley Road, Spring Run, PA, 17262-0051. 4. Providing three days for mailing, the 20 day period in which an answer to the Rule was obligated to be filed ended on November 14, 2014. 5. No response or Answer has been filed in this matter by Respondents/Plaintiffs individually, or through counsel. WHEREFORE, Petitioner requests your Honorable Court to enter an Order. making the prior Rule absolute, and thereby staying the within proceedings pending resolution of the Petition for Guardianship, as amended, which is pending before the Honorable Shawn D. Meyers of the Court of Common Pleas of the 39th Judicial District, Franklin County Branch, Chambersburg, Pennsylvania. Resp. •ly Submitted, riffle, Esquire or Defendant/Petitioner uprerr e Court ID No. 34349 GRIFFIE & ASSOCIATES, P.C. 100 Lincoln Way East, Suite D Chambersburg, PA 17201 (717) 267-1350 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: It `t7 114 ROGER L. GETTEL JAY ELVIN GETTEL and : IN THE COURT OF COMMON PLEAS ERMA M. GETTEL, : OF CUMBERLAND COUNTY, Plaintiffs : PENNSYLVANIA vs. : No. 2014-1441 Civil ROGER L. GETTEL, : Civil Action — Law Defendant :ASSIGNED JUDGE: CHRISTYLEE L. PECK CERTIFICATE OF SERVICE 1, Bradley L. Griffie, Esquire, hereby certify that I did, the day of November, 2014, cause a copy of Petitioner's Petition to Make Rule Absolute to be served upon Respondents by serving their attorney of record, Richard L. Bushman, Esquire, by first-class mail, postage prepaid at the following address: DATE: Richard L. Bushman, Esquire PO Box 51 16767 Path Valley Road Spring Run, PA 17262-0051 , Esquire y .� efendant/Petitioner FFIE & ASSOCIATES, P.C. 100 Lincoln Way East, Suite D Chambersburg, PA 17201 (717) 267-1350 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 JAY ELVIN GETTEL and : IN THE COURT OF COMMON PLEAS ERMA M. GETTEL, ; OF CUMBERLAND COUNTY, Plaintiffs : PENNSYLVANIA vs. : No. 2014-1441 Civil ROGER L. GETTEL, : Civil Action — Law Defendant : ASSIGNED JUDGE: CHRISTYLEE L. PECK ORDER OF COURT AND NOW, this 441 day of November, 2014, upon presentation and consideration of the within Petition to Make Rule Absolute, our prior Order of October 14, 2014 and the Rule entered therein are hereby made absolute, and the proceedings in this matter are hereby STAYED pending resolution of the Petition for Guardianship, as amended, which is pending before the Honorable Shawn D. Meyers of the Court of Common Pleas of the 39th Judicial District, Franklin County Branch, Cha bersburg, Pennsylvania. By the Court, Cc: Richard L. Bushman, Esquire Attorney for Plaintiffs/Respondents Bradley L. Griffie, Esquire Attorney for Defendant/Petitioner 0211.E.cL .2,0y ee L. Peck, Judge -C- F;'. 12:1.3 CUMBERLAND CO r O JAY ELVIN GETTiEttlSY L A'" : IN THE COURT OF COMMON PLEAS ERMA M. GETTEL : OF CUMBERLAND COUNTY Plaintiffs : PENNSYLVANIA vs. : No. 2014-1441 ROGER L. GETTEL Defendant : Civil Action - Law : Assigned Judge: Christylee L. Peck MOTION TO VACATE STAY Comes now, Jay Elvin Gettel and Erma M. Gettel, by and through their attorney, Richard L. Bushman, Esquire, and states as follows: 1 Upon Motion of the Defendant, by and through his counsel, Bradley L. Griffie, Esquire, this Honorable Court entered a Stay in the above captioned case on the 21st day of November, 2014. 2. The aforesaid Motion sought, and the Court Order granted, the stay "pending resolution of the Petition for Guardianship, as amended, which is pending before the Honorable Shawn D. Meyers of the Court of Common Pleas of the 39th Judicial District, Franklin County Branch." 3. The Petition for Guardianship has been resolved by withdrawal [Exhibit A, attached hereto and incorporated herein by reference thereto, is a copy of the Order of Court dated the 29th day of December, 2014 disposing of this matter]. - . T-...'„-AN-fierefOrey,Underj§idnedirOpUns'el prays'..thi0 HOnOtable,Ouft;tO.,VaO4te7t 0.;;Pf..0.....0t'::.:.'7.,.----•.:..'...;:::,:,,,., ...„...-. .,, .. ..,....,,..,,, ..,,..„..:.„ ..... .., ......,........ .... , ,. .... •••-...-. • , •., •-•'• .-- ' ,...... • . ,_,.. ....„ ,. ... .:....,. . ...., .,: - efitedeig'.0;t0y.iii.thi..-tilpttei-. • - .... -.,.. -. '. -,'', •--•'. . -:-.... '-,.-;:.-",:."!:. '_.- ---- ' '' . ,. .... .... -,-„,.,.2,,,,..- •• .,.. . . _ . ,...... Dated January7, 2015. Respect y. , Af; 471 lAt RjOhSfd,'Ltiati4 man. Esq. Attorney, for Plaintiff 1067t,Path*Valley;ROad.' PO Box '51 Spring Run PA 17262 Pa t.D. #, 36406 TEL [717] 349-7657 FAX [717] 349-2982 EXHIBIT A THE COURT OF COMMON PLEAS OF THE 39th JUDICIAL DISTRICT OF PENNSYLVANIA — FRANKLIN COUNTY BRANCH IN RE: JAY ELVIN GETTEL, a/k/a JAY E. GETTEL AN ALLEGED INCAPACITATED PERSON : ORPHANS' COURT DIVISION : NO. 110—OC-2014 ORDER OF COURT AND NOW this 47"1 day of December, 2014 upon consideration of the Stipulation to Withdraw all Pending Claims and Cancel Hearing of December 18, 2014, it is hereby ORDERED AND DIRECTED, that all claims in this action are recognized as withdrawn, the hearing scheduled for December 18, 2014 at 1:30 p.m. is cancelled and Janice M. Hawbaker, 4'D the,- allUi& -6)r Esquire, court-appointed counsel for Respondent, upon her submission of her fees 'Rothe County &pp anti Ctiorl9 of Franklin, shall be permitted her fees pursuant to the Order of Court of July 22, 201C p o P. W" gay cittEe I Cc: Hannah Herman -Snyder, Esquire Attorney for Petitioner Janice M. Hawbaker, Esquire Attorney for Respondent Richard Bushman, Esquire Attorney for Respondent By the Court, lacics asset-3- -tb Plud ;61 IM Sha.umD. ineyer3CIAt. 1' • J. THE COURT OF COMMON PLEAS OF THE 39t JUDICIAL DISTRICT OF PENNSYLVANIA — FRANKLIN COUNTY BRANCH IN RE: JAY ELVIN GETTEL, : ORPHANS' COURT DIVISION a/k/a JAY E. GE libL AN ALLEGED INCAPACITATED PERSON : NO. 110 — OC — 2014 STIPULATION TO WITHDRAW ALL PENDING CLAIMS AND CANCEL HEARING SCHEDULED FOR DECEMBER 18. 2014 AND NOW this day of December, 2014, Roger L. Gettel, the Petitioner in this action, by and through his attorney of record, Hannah Herman -Snyder, Esquire and Jay Elvin Gettel, a/k/a Jay E. Gettel, the Respondent in this action, by and through his attorneys of record, Janice M. Hawbaker, Esquire and Richard Bushman, Esquire have reached a resolution to pending matters; WHEREAS, this action was initiated by the Petitioner with the filing of a Petition under Section 5511 and 5513 of Title 20, Decedents, Estates and Fiduciaries Code to Appoint a Plenary Guardian of the Person and Estate on July 15, 2014; WHEREAS, Respondent filed an Answer and New Matter on August 28, 2014; WHEREAS, Petitioner filed an Amended Petition under Section 5511 of Title 20, Decedents, Estates and Fiduciaries Code to Appoint a Permanent Guardian of the Person and Estate of Jay Elvin Gettel a/k/a Jay E. Gettel on October 3, 2014; WHEREAS, Respondent filed an Answer and New Matter on October 29, 2014; WHEREAS, a hearing is scheduled in this matter for December 18, 2014 at 1:30 p.m.; DEC • 23 2014 WHEREAS, the parties have reached a resolution whereby each shall withdraw any and all pending claims; and NOW, THEREFORE, the parties stipulate and agree as follows: Petitioner, Roger L. Gettel and Respondent, Jay Elvin Gettel, a/lc/a Jay E. Gettel, withdraw all pending matters docketed at NO. 110— OC — 2014. 2. The hearing scheduled for December 18, 2014 at 1:30 p.m. is not necessary and shall be canceled. Janice M. Hawbaker, Esquire, court-appointed counsel for Respondent, upon her submission of her fees to the County of Franklin, shall be permitted her fees pursuant to the Order of Court of July 22, 2014. IN WITNESSETH: Hannah Herman -Snyder, Esqu Roger L. Gettel 4ma Elvin Gettel, a/k/a Jay E. Gettel VERIFICATION I verify that the statements made in this Motion 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. Jay El Gettel; his attorney-in- fact, Timothy R. Stine aft ErmaM. Gettel, by her attorney-in- fact, Jay Elvin Gettel E�n Gettel, Jay his attorney-in- fact, Dale Gettel Jay'EI in Gettel, Petitioner JAY ELVIN GETTEL and : IN THE COURT OF COMMON PLEAS ERMA M. GETTEL : OF CUMBERLAND COUNTY Plaintiffs : PENNSYLVANIA vs. : NO. 1441 of 2014 ROGER L. GETTEL Defendant : Civil Action - Law : Assigned Judge: Christylee L. Peck CERTIFICATE OF SERVICE I hereby certify that on the 13th day of January, 2015, I have served a copy of the Motion to Vacate Stay filed on January 13, 2015, by United States First Class Mail, postage prepaid, by personal delivery to the attorney of record as set forth below, which service is in accordance with the requirements of PA.R.C.P 440(a)(1)(i): Bradley L. Griffie, Esq. 200 North Hanover St. Carlisle, PA 17103 Dated: January 13, 2015 and . Bushman, Esq. Attorney for Plaintiffs 16767 Path Valley Road PO Box 51 Spring Run PA 17262 Pa. I.D. # 36406 TEL: [717] 349-7657 FAX: [717] 349-2982 JAY ELVIN GETTEL ERMA M. GETTEL Plaintiffs vs. ROGER L. GETTEL Defendant AND NOW, this i : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY PENNSYLVANIA : No. 2014-1441 : Civil Action - Law : Assigned Judge: Christylee L. Peck RULE day of January, 2015, upon consideration of the foregoing Motion, it is hereby ordered that: 1. A rule is issued upon Roger L. Gettel to show cause why the Motion to Vacate Stay should not be granted by this court. 2. Rule returnable co• ft' ir6.11;4 /34,Ki . anguacz_,. R..skry,„L) ,2.e -r5 - By the Court: Chrislee L. Peck, Judge C `10 M 52E 30 -;, C- IN, t`, 5