Loading...
HomeMy WebLinkAbout14-5446 Supreme Cou' o .ennsylvania COU &C011 mo leas For Prothonotary Use Only: Civil over Sheet S> Docket No: `t CUMBERLAND �f Coun y The information collected on this form is used solely,for court administration purposes. This form does not supplement or replace the,filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: S [E Complaint O Writ of Summons Petition E] Transfer from Another Jurisdiction =! Declaration of Taking E C Lead Plaintiffs Name: Lead Defendant's Name: Jay Elvin Gettel Roger L. Gettel T Dollar Amount Requested: Owithin arbitration limits I Are money damages requested? 0 Yes 0 No (check one) xi outside arbitration limits O N Is this a Class Action Suit? 0 Yes x! No Is this an MDJAppeal? Yes xi No A Name of Plaintiff/Appellant's Attorney: Richard Lewis Bushman ❑' Check here if you have no attorney(are a Self-Represented I Pro Sel Litigant) 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 A4ass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS El Intentional n Buyer Plaintiff Administrative Agencies ' Malicious Prosecution ® Debt Collection:Credit Card M Board of Assessment Motor Vehicle 17 Debt Collection:Other i__! Board of Elections rl Nuisance Q Dept.of Transportation Premises Liability (] Statutory Appeal:Other S 0 Product Liability(does not include Employment Dispute: mass tort) E Slander/Libel/Defamation Discrimination C Other: Employment Dispute:Other E3 Zoning Board ,I. 0 Other: I E] Other: O MASS TORT MI Asbestos N l] Tobacco n Toxic Tort-DES [] Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS 0 Toxic Waste Ejectment 0 Common Law/Statutory Arbitration B = Other: © Eminent Domain/Condemnation Declaratory Judgment El Ground Rent Mandamus Landlord/Tenant Dispute Non-Domestic Relations 4 Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY Mortgage Foreclosure:Commercial Quo Warranto 0 Dental Partition 0 Replevin 0 Legal Q Quiet Title x Other: E] Medical Other: civil suit for conversion/dam{ j Other Professional: Updated 1/1/2011 r� JAY ELVIN GETTEL : IN THE COURT OF COMMON PLEig Plaintiff : OF CUMBERLAND COUNTY �' �n f�� r�t r - x� '7'r-,1 PENNSYLVANIA VS. c.n C �- .�.. NO. of 2014 `' = ROGER L. GETTEL -SyG 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 S 32 South Bedford Street Carlisle, Pennsylvania �f�`�� p"I ` TELEPHONE: [717] 249-3166 ek�l 1W V 4# 3 JAD),�P 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. t JAY ELVIN GETTEL : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY PENNSYLVANIA vs. NO. of 2014 ROGER L. GETTEL Defendant : Civil Action - Law COMPLAINT 1. Plaintiff is Jay Elvin Gettel a, surf juris adult residing in Southampton Township, Franklin County, Pennsylvania, with a mailing address of 3552 Roxbury Ridge Road, Apartment D, Shippensburg, PA 17257. 2. Defendant Roger L. Gettel [the son of Plaintiff] 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. 3. Plaintiff and defendant are the owners of certain real estate located partly in Shippensburg Township and partly in Southampton Township, Cumberland County known as the Shippensburg Speedway by virtue of a 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 A] wherein said Jay Elvin Gettel and Erma M. Gettel, husband and wife, conveyed the property to Jay E. Gettel and Erma M. Gettel, J husband and wife, and Roger L. Gettel, as Joint Tenants with Right of Survivorship and Not as Tenants in Common. 4. On May 12, 2011, Jay Gettel purchased a 1987 Cat Loader sn 19z00583 for the Sum of $8,000 [Exhibit B is the bill of sale from MDK Excavating, LLC, the seller of the machine]. 5. The aforesaid machine was parked [stored] on the property described above. 6. Roger L. Gettel has sold this machine or otherwise, without permission from Plaintiff, secreted or disposed of this machine. 7. Defendant knew that the property was the property of plaintiff, but has converted the same to his own use and has refused to return the property to plaintiff. WHEREFORE, Plaintiff demands that: A] he be awared judgment against defendnat for the sum of $8,000, plus costs; and B] such other and further relief be granted as the Court deems just and proper. tel b attorney-in- J'ay'-Elvin Elvin Gett , Petitioner Jay Elvin y Y fact, Timothy R. Stine D �-- Ric sh an, Esquire Jay Elvin Gettel, by his attonrey-in- 1676 Path Vail y Road fact, Dale Gettel P.O. Box 51 Spring Run, P 17262-0051 ID # 36406 August 28, 2014 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: 8/28/14 J vin Gettel Date: 8/28/14 Jay Elv Gett is attorney-in-fact, Timoth R. Stine Date: 4Jay Elvin Get el, y his attroney-in-fact, Dale Gettel EXHIBIT A 3 THIS DEED i MADE THIS day of Qaf06Gr , two thousandnd six (2006); BETWEEN: JAY ELVIN GETTEL and ERMA M. GETTEL,'fivaband and wife, of Cumberland County, Pennsylvania, GRANTORS, V) WID: JAY E. GETTEL and ERMA M. GETTEL, husband and wife, and w a ROGER L. GETTEL, all of Cumberland County, Pennsylvania, AS N o Qom- JOINT TENANTS WITH RIGHT OF SURVIVORSHIP AND NOT i �- AS TENANTS IN COMMON, i GRANTEES, 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 Shppensburg Township and partly in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: B-.GINNING at a point in Public Road Legislative Route 35, leading;from Shippensburg to Walnut Bottom, at tine 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, lnc., 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,!h,is wife, North 26 degrees 18 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 EoSt 149.12 feet to a 1140K 2716'PA-,L-4%r-,,87 Page 1 of 3 112014 11:07:47 AM CUMBERLAND COUNTY Inst.#200636437-Page 1 of 3 i. i' point in the aforesaid public road; thence continuing along therlesaid public road, South 78 degrees 23 minutes 14 seconds East 231.96 feet to a Tint in the aforesaid public road at a point, the place of BEGINNING. 6 CONTAIM ING 18.680 acres, more or less, pursuant to survey of Dougal & McCans, Inc., R.S., dated April 21, 1978. ii i 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, Gran',tors herein. THIS CONVEYANCE IS A TRANSFER FROM PARENTS(TO THEMSELVES AND THEIR SON AND IS THEREFORE EXEN" 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 herdby 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 ELVW GETT'EL Page 2 of 3 600x 276 FACE4588 1/2014 11:07:47 AM CUMBERLAND COUNTY Inst.#200636437-Page 2 of 3 1 I STATE OF PENNSYLVANIA ji COUNTY OF qy :SS. i On this day of &AtC . 2006, biefore me, a Notary Public, personally appeared JAY ELVIN GETTEL AND ERMA M.IGETTEL. 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. f IN WITNESS WHEREOF, I have hereunto set my hand and official seal. •. j[Chm . &fdpMr. yn6Nad�YlSwl rini�nUtdc AMhib�r.P4pnsrA,.fWoaMMpn ef'NolrlN ',.:.;:� .. �•: ?(�, •-':,� 1 hereby certify that the Grantees' compleje post office address is Witness my hand this- —day of 2006. Agent of the Grantees <i fy this to be recorded berland County PA . ..�'.•-�..�-,off ;,��...� Page .3 R�c Xr 1/2014 11:07:47 AM CUMBERLAND COUNTY ` Inst.#200636437-Paoe 3 of 3 EXHIBIT B DK Excavating, LLC 13573 Edgemont Road O r Smithsburg, MD 21783 301-416-0262 CUSTOMER: JOB#: ADDRESS: COMM.: CITY STATE: ZIP: _ RESIDENTIAL: PHONE#: JOB TYPE: CHECK ONE CONTRACT HOURLY START DATE: FINISH DATE: TODAY'S DATE: DAY: M T W T S S OFFICE USE WORK DESCRIPTION: OPERATOR EQUIP EQUIP# HOURS TOTAL HRS PRICE e - {"' ,. fes✓'-! f^...L~ ` Aq /v�'.r .�;.' f 1„.x r MATERIALS: • SIGNATURE ;r TAX � •.- .,> , ,a ' '2.-- TOTAL Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY 7-11.E OiHQfl eirporr4 .40 29111 SEP 3Q PM 3: 14 3 CUMBERLAND COUNTY oFFCE. OETHE, WERIFP PENNSYLVANIA Jay E Gettel vs. Roger L Gettel Case Number 2014-5446 SHERIFF'S RETURN OF SERVICE 09/19/2014 01:34 PM - Deputy Dennis Fry, 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 Township, Shippensburg, PA 17257. DE NIS FRY, DEPUTY SHERIFF COST: $51.09 SO ANSWERS, September 22, 22, 2014 RONNY R ANDERSON, SHERIFF (c) CountySuite Sheriff, Teleosoft, JAY ELVIN GETTEL, Plaintiff VS. ROGER L. GETTEL, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : No. 2014-5446 Civil : Civil Action - Law : ASSIGNED JUDGE: PETITION FOR STAY OF PROCEEDINGS L :C Wd 6-13O 11107, 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 is the above named Defendant, Roger L. Gettel, an adult individual currently residing at 178 Walnut Bottom Road, Shippensburg, Pennsylvania, 17257. 2 Respondent is the above-named Plaintiff, Jay Elvin Gettel, an adult individual currently residing at 3552 Roxbury Ridge Road, Apartment D, Shippensburg, Pennsylvania, 17257. 3. Respondent, Jay Elvin Gettel, individually and through his alleged attorneys in fact, Timothy R. Stein and Dale Gettel, initiated an action against Petitioner, claiming entitlement for compensation relative to an item of personal property that Respondent claimed Petitioner sold inappropriately. 4. 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, Jay Elvin Gettel's incapacity, a copy the most recent Order from those proceedings being attached hereto and incorporated herein by reference as Exhibit "A." 5. 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 plaintiffs behalf. 6. 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 action until such time as the Court addressing the guardianship request has been able to address that matter. 7. By including the Respondent'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. 8. 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. 9. In order to be in compliance for the Pennsylvania Rules of Civil Procedure, the Court must stay the present proceedings 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. 10. A copy of the instant Petition has been provided to Counsel for Respondents prior to the time of filing. WHEREFORE, Petitioner requests your Honorable Court to issue a Rule upon Respondent to show cause, if any he has, as to why the instant proceedings should not be stayed until such time as the Court of Common Pleas of the 391h Judicial District — Franklin County Branch, has made a determination relative to the capacity of Respondent and relative to the naming of a guardian for Respondent in such case of incapacity, and, further, that the proceedings herein be stayed pending a resolution of this Petition. Respectfully Submitted, fie, Esquire ey f Petitioner/Defendant 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 39`x' 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 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 (D day of OGi-tibe-c , 2014, upon consideration of the Amended Petition under 5511 of Title 20, Decedents, Estates and Fiduciaries Code to Appoint a Pennanent Guardian of the Person and Estate of Jay Elvin Gettel, a/k/a, Jay E. Gettel, IT IS HEREBY ORDERED AND DECREED: 1. 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 41.00 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. a 8 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: ROGER L. GETTEL JAY ELVIN GETTEL, Plaintiff vs. ROGER L. GETTEL, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : No. 2014-5446 Civil : Civil Acton - Law : ASSIGNED JUDGE: CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the et day of October, 2014, cause a copy of Defendant's Petition for Stay of Proceedings to be served upon Plaintiff by serving his attorney of record, Richard L. Bushman, Esquire, by first-class mail, postage prepaid at the following address: DATE: I Richard L. Bushman, Esquire P.O. Box 51 16767 Path Valley Road Spring Run, PA 17262-0051 e, Esquire Petitioner/Defendantt 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. 2014-5446 Civil : Civil Action - Law : ASSIGNED JUDGE: PRAECIPE TO THE PROTHONOTARY: WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Defendant in the above -captioned matter. Date: lo 2.0%"‘ matter. Respectfully submitted, Forest N. Myers, Esquire 137 Park Place West Shippensburg, PA 17257 (717) 532-9046 ENTRY OF APPEARANCE =7) Please enter my appearance on behalf of the Defendant in the above -captioned Date: 1611304 Respectfully submitted. le, Esquire e e oust ID No. 34349 GRIFFIE & ASSOCIATES, P.C. 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 i S JAY ELVIN GETTEL, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2014-5446 Civil ROGER L. GETTEL, Civil Action - Law Defendant ASSIGNED JUDGE: ORDER OF COURT AND NOW, this day of li�'y , 2014, upon presentation and consideration of the within Petition for Stay, a Rule is hereby issued upon Respondent, Jay Elvin Gettel, to show cause, if any has, 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 39th Judicial District, Franklin County Branch, Pennsylvania. Pending resolution of this Petition for Stay, further proceedings in this matter are STAYED. Rule returnable � i1 days after service upon Counsel of Record for Respondent. By the Court, Cc: Richard L. Bushman, Esquire rn Attorney for Respondent/Plaintiff > cn 4 c; Bradley L. Griffie, Esquire Dom ' /� AttorneyforPetitioner/Defendant QC-, -- i int PR�' ; 9fi N'] _ JAY ELVIN GETTEL Plaintiff k=11 NOV18 (ti 8. 56 CUMBERLAND COUNT PENNSYLVANIA vs. ROGER L. GETTEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2014-5446 Civil Civil Action - Law 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 Respondent, Jay Elvin 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 Respondent/Plaintiff 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. Respectfully Submitted, . G ffie, Esquire rney for Defendant/Petitioner Supreme 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: ROGER L. GETTEL JAY ELV1N GETTEL, Plaintiff vs ROGER L. GETTEL, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : No. 2014-5446 Civil : Civil Action - Law : ASSIGNED JUDGE: CHRISTYLEE L. PECK CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the Jo,p day of November, 2014, cause a copy of Petitioner's Petition to Make Rule Absolute to be served upon Plaintiff by serving his attorney of record, Richard L. Bushman, Esquire, by first-class mail, postage prepaid at the following address: DATE: __I/j//cI/1 Richard L. Bushman, Esquire PO Box 51 16767 Path Valley Road Spring Run, PA 17262-0051 iffie, Esquire or Defendant/Petitioner FIE & 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, Plaintiff vs. ROGER L. GETTEL, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : No. 2014-5446 Civil : Civil Action - Law : ASSIGNED JUDGE: CHRISTYLEE L. PECK ORDER OF COURT AND NOW, thisaNt 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, Chambersburg, Pennsylvania. By the Court, Christyle . Peck, Judge Co: Richard L. Bushm.an, Esquire Attorney for Plaintiff/Respondent Bradley L. Griffie, Esquire Attorney for Defendant/Petitioner Ccpis ry&tisk, AVILI THE HOi:10iC:r;1 1015 JAN 13 p1(2:56 JAY ELVIN GETTELCUABER` �y � tip A : IN THE COURT OF COMMON PLEAS iTY Plaintiff PENN: OF CUMBERLAND COUNTY : PENNSYLVANIA vs. : NO. 5446 of 2014 ROGER L. GETTEL Defendant : Civil Action - Law : Assigned Judge: Christylee L. Peck MOTION TO VACATE STAY Comes now, Jay Elvin Gettel, by and through his 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]. Wherefore, undersigned counsel prays this Honorable Court to vacate the Order entering a Stay in this matter. Dated: January 7, 2015 Respe IIy s + ' fitted, Ric L. an, Esq. Attorney for Plaintiff 16767 Path Valley Road PO Box 51 Spring Run PA 17262 Pa. I.D. # 36406 TEL: [717] 349-7657 FAX: [717] 349-2982 EXHIBIT A THE COURT OF COMMON PLEAS OF THE 396 JUDICIAL 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 OF COURT pj I 1 AND NOW this 49‘: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, the--- MIX& -fi)r- Esquire, court-appointed counsel for Respondent, upon her submission of her fees tgothe County Volv of Franklin, shall be permitted her fees pursuant to the Order of Court of July 22, 2014. p 0 I -aid F. &tLei Cc: Hannah Herman -Snyder, Esquire Attorney for Petitioner Janice M. Hawbaker, Esquire Attorney for Respondent Richard Bushman, Esquire Attorney for Respondent By the Court, acgs assets lb P -Al 1.5( shaten b. meyer3ditt. J. DEC 29 2014 THE COURT OF COMMON PLEAS OF THE 39* JUDICIAL DISTRICT OF PENNSYLVANIA — FRANKLIN COUNTY BRANCH IN RE: JAY ELVIN GETTEL, a/k/a JAY E. GE1TEL AN ALLEGED INCAPACITATED PERSON : ORPHANS' COURT DIVISION : 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 Buslunan, 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 ATTE 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: 1, Petitioner, Roger L. Gettel and Respondent, Jay Elvin Gettel, a/k/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: 11-04,111. attme.a.t. Hannah Herman -Snyder, Esq Roger L. Gettel J#Tan 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 unswom falsification to authorities. Date: Date: Date: VAM- i/o.V/C Jayl Gettel Jay Elvi e e y his attorney-in-fact, Timothy R. Stine Jay Elvin Gettel, by his attroney-in-fact, Dale Gettel JAY ELVIN GETTEL Plaintiff vs. ROGER L. GETTEL Defendant : Civil Action - Law : Assigned Judge: Christylee L. Peck : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : NO. 5446 of 2014 CERTIFICATE OF SERVICE I hereby certify that on the 13`h 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 rd( s ■'an, Esq. orney for 4ntiff 767 Pati' alley Road PO Box Sprin•, "un PA 17262 Pa. I.D. # 36406 TEL: [717] 349-7657 FAX: [717] 349-2982 c � S JAY ELVIN GETTEL : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA vs. : NO. 5446 of 2014 ROGER L. GETTEL Defendant : Civil Action - Law : Assigned Judge: Christylee L. Peck RULE AND NOW, this/0day 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 d/up. - "' 46)/14 By the Court: Li-/LI,L,c, rc,x___ Chrisiylee L. Peck, Judge C es rr r J / r- 0+4), c , 1 rk,„•