HomeMy WebLinkAbout14-5730s
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Supreme Cowl-CZ
ouit o Pennsylvania
Court of.Co'tnmon leas
Ci it Cover.Sheet
.-jr
CUMBERLAND 141016. County
For Prothonotary Use Only:
Petition
Declaration of Taking
Docket No:
jq- 5473 0
Ci?
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:
Petition
Declaration of Taking
lli Complaint • Writ of Summons •
lE Transfer from Another Jurisdiction MI
Lead Plaintiff's Name:
GRADY HALTEMAN
Lead Defendant's Name:
JAMES A. DOUGHERTY
Dollar Amount Requested: within arbitration limits
Are money damages requested? I Yes X No
(check one) • outside arbitration limits
Is this a Class Action Suit? ® Yes 13 No
Is this an MDJAppeal? 1 Yes El No
Name of Plaintiff/Appellant's Attorney: Andrew H. Shaw
a Self -Represented [.Pro Se] Litigant)
Ir Check here if you have no attorney (are
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)
In Intentional
® Malicious Prosecution
• Motor Vehicle
O Nuisance
O Premises Liability
O Product Liability (does not include
mass tort)
• Slander/Libel/ Defamation
O Other:
MASS TORT
O Asbestos
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O Toxic Tort - DES
O Toxic Tort - Implant
• Toxic Waste
O Other:
PROFESSIONAL LIABLITY
O Dental
D Legal
O Medical
O Other Professional:
CONTRACT (do not include Judgments)
O Buyer Plaintiff
O Debt Collection: Credit Card
0 Debt Collection: Other
O Employment Dispute:
Discrimination
O Employment Dispute: Other
O Other:
REAL PROPERTY
0 Ejectment
O Eminent Domain/Condemnation
0 Ground Rent
0 Landlord/Tenant Dispute
O Mortgage Foreclosure: Residential
O Mortgage Foreclosure: Commercial
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• Other:
Declaration of Easement
CIVIL APPEALS
Administrative Agencies
0 Board of Assessment
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O Dept. of Transportation
O Statutory Appeal: Other
Zoning Board
O Other:
MISCELLANEOUS
O Common Law/Statutory Arbitration
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O Mandamus
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Restraining Order
0 Quo Warranto
ID Replevin
0 Other:
Updated 1/1/2011
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GRADY HALTEMAN,
Plaintiff
CIVIL ACTION — EQUITY
V.
NO.:/(f..7(:;1(
53Q�/
JAMES A DOUGHERTY and �� M
DALE E. DOUGHERTY, husband and wife
Defendants
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and notice are served, by entering a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER 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 REDUCED FEE OR NO
FEE.
Cumberland County Bar Association rn uD g
32 South Bedford Street2D
r -
Carlisle, PA 17013
an co a
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(717) 249-3166 { c.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GRADY HALTEMAN,
•
•
Plaintiff
CIVIL ACTION — EQUITY
v.
NO.:
JAMES A DOUGHERTY and
DALE E. DOUGHERTY, husband and wife
Defendants
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las
quejas expuestas en las paginas siguientes, debe toma accion dentro de veinte (20) dias a partir
de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en
persona o por abogado y presentar en lat Corte por escrito sus defensas o sus objeciones a las
demandas en su contra.
Se le avisa que si no se defienda, el caso puede proceder sin usted y la Corte puede
decidir en su contra sin mas aviso o notificacion por cualquier otra queja o compensacion
reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U
OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED
NO TIENE 0 NO CONOCES UN ABOGADO, VAYA 0 LLAME A LA OFICINA EN LA
DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER
ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GRADY HALTEMAN,
Plaintiff
CIVIL ACTION — EQUITY
v.
•
NO.:
JAMES A DOUGHERTY and
DALE E. DOUGHERTY, husband and wife
Defendants
AND NOW, this
COMPLAINT
day of pie<--- , 2014, comes the Plaintiff, Grady
Halteman, by and through his attorney, Andrew H. Shaw, Esquire and files the instant Complaint
and in support thereof states as follows:
1. Plaintiff is an adult individual residing at 671 Old Mill Road, Newville,
Cumberland County, Pennsylvania.
2. Defendants, James A. Dougherty and Dale E. Dougherty, are adult individuals
residing at 45 Mare Road, Carlisle, Lower Frankford Township, Cumberland County,
Pennsylvania.
3. Plaintiff purchased the property, identified by the Cumberland County Tax
Assessment Office as RR Mare Road, Tax Parcel Number 14-04-0381-018, Lower Frankford
Township, Cumberland County, Pennsylvania (hereinafter "Plaintiff's Property") from Vernon
E. Wickard by deed dated March 28, 2013, and recorded in the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania at Instrument Number 201309978. A copy of the
deed is attached hereto and incorporated by reference as "Exhibit A."
4.
improvements.
5.
The Property consists of undeveloped forest land with no structures or
Defendants purchased the property located at 45 Mare Road, Carlisle, Lower
Frankford Township, Cumberland County, Pennsylvania (hereinafter "Defendant's Property")
from Household Realty Corporation, Inc. by deed dated December 20, 2000, and recorded in the
Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Deed Book 236,
Page 661. A copy of the deed is attached hereto and incorporated by reference as "Exhibit B."
6. Plaintiffs Property is adjacent to Defendant's Property.
7. Access to Plaintiff's Property is from a private road that leads over and through
Defendant's Property.
8. Plaintiff uses this private road in whole or in part for ingress, egress and
regress to his property by vehicle and by foot.
9. Said private road is referenced and identified in a subdivision plan (hereinafter
"Plan") prepared for Walter E. Morrison and recorded at Plan Book 30, Page 74 in the Office of
the Recorder of Deeds in and for Cumberland County, Pennsylvania. A copy of the Plan is
attached hereto and incorporated by reference as "Exhibit C."
10. Walter E. Morrison is a predecessor in title to Defendants, regarding the
property identified in the Plan.
11. Plaintiff and the previous owner, Vernon Wickard, have used the private road
for access to Plaintiff's Property since owning the property from 1968 to the present, a period in
excess of 21 years.
12. Without notice to or permission from Plaintiff, Defendants blocked access to
Plaintiffs Property by intentionally placing a pile of stone on the private road along the
2
boundary line between Plaintiff's Property and Defendant's Property, thereby preventing
Plaintiff from accessing his Property.
13. On or about August 6, 2014, Plaintiff served a notice to Defendants to remove
the pile of stone and provide access to Plaintiff's Property. A copy of the Notice is attached
hereto and incorporated by reference as "Exhibit D."
14. Upon receipt of the Notice, Defendants relocated their tractor and placed it in
front of the pile of stone, thereby further restricting access. A picture of the tractor in front of the
pile of stone is attached hereto and incorporated by reference as "Exhibit E."
15. Defendants have maintained the tractor and pile of stone in the same location
to this date, thereby continuing to prevent Plaintiff from accessing Plaintiff's Property.
COUNT I— EASEMENT BY IMPLICATION
16. Plaintiff incorporates herein by reference all averments of this pleading as if
more fully set forth hereinafter.
17. Language in the Plan identifying the private road states "Being ingress and
regress in common with other adjoiners to L.R. 21001.
18. The Plan clearly indicates the private road crosses Defendant's Property and
enters Plaintiff's Property.
19. By reason of the Plan, it was the intent of Walter E. Morrison to grant an
easement in favor of Plaintiffs Property.
20. The deed accepted by Defendants for Defendant's Property identifies the Plan
thereby placing Defendants on notice that they were accepting the property subject to the terms
and conditions stated in the Plan.
3
WHEREFORE, Plaintiffs request that this Court enter judgment in Plaintiffs' favor and
against Defendant as follows:
1. Declare an express and enforceable right of way for the benefit of ingress, egress
and regress on the private road over Defendants' land by Plaintiff and his successors in interest;
2. Order Defendants to remove the pile of stone or other items that have been placed
across the right of way by reason of Defendants' actions;
3. Enjoin and restrain Defendants and their employees, agents, assigns and
successors in interest from further interfering with or obstructing Plaintiff's easement or right of
way existing over Defendants' land;
4. Alternatively, award Plaintiff damages for deprivation of the reasonable use of his
property;
5. Retain jurisdiction of this matter to ascertain that the Court's decree is obeyed;
and
6. Award such other relief as this Court may deem appropriate and just under the
law.
COUNT II— ADVERSE EASEMENT (in the alternative)
21. Plaintiff incorporates herein by reference all averments of this pleading as if
more fully set forth hereinafter.
22. The means of access for ingress, egress and regress to the rear of Plaintiff's
Property have been in existence for more than twenty-one (21) years.
23. Plaintiff and his predecessors in title have enjoyed a free and uninterrupted
easement or right of way across Defendants' Property for the purpose of ingress, egress and
4
regress by vehicle and by foot to enter and enjoy their respective lands for more than twenty-one
(21) years.
24. The use by Plaintiff, and his predecessors in title, of Defendants' land was
open, visible, notorious, uninterrupted and adverse for a period well exceeding twenty-one (21)
years.
25. Through the use of access over Defendants' Property, by himself and his
predecessors in title, Plaintiff has thereby acquired a prescriptive easement or right of way over
that portion of Defendants' Property.
26. Solely as a result of Defendants' actions, reasonable and open passage across
Defendants' land has been impeded, obstructed and otherwise altered.
27. Defendants' actions in obstructing Plaintiff's easement or right of way and
depriving Plaintiff of the reasonable use thereof has caused and continues to cause Plaintiff
irreparable harm by preventing open, passable and unobstructed use of said right of way.
28. By reason of Defendants' actions, Plaintiff has been deprived of the reasonably
open and unobstructed passage across Defendants' Property to gain ingress, egress and regress to
his respective land.
WHEREFORE, Plaintiff requests that this Court enter judgment in Plaintiff's favor and
against Defendants as follows:
1. Declare an express and enforceable right of way for the benefit of ingress, egress
and regress over Defendants' land by Plaintiff and his successors in interest;
2. Order Defendants to remove the pile of stone or other items that have been placed
across the right of way by reason of Defendants' actions;
5
3. Enjoin and restrain Defendants and their employees, agents, assigns and
successors in interest from further interfering with or obstructing Plaintiff's easement or right of
way existing over Defendants' land;
4. Alternatively, award Plaintiff damages for deprivation of the reasonable use of his
property;
5. Retain jurisdiction of this matter to ascertain that the Court's decree is obeyed;
and
6. Award such other relief as this Court may deem appropriate and just under the
law.
COUNT III— PRELIMINARY AND INJUNCTIVE RELIEF
29. Plaintiff incorporates herein by reference all averments of this pleading as if
more fully set forth hereinafter.
30. Plaintiff seeks injunctive relief against Defendants prohibiting them from
interfering with free and unencumbered access to and over the private road, and requiring
Defendants to remove the pile of stone, tractor and any other obstruction, temporary or
permanent, which interferes in any manner with the full use and enjoyment of the private road by
Plaintiff for ingress and egress.
31. The private road serves as the primary and most convenient access point for the
Plaintiff to access his property.
32. Because of the obstructed private road, Plaintiff is unable to access his
property, as the sole roadway onto Plaintiff's Property is the private roadway at issue in this
matter.
6
33. Defendants' unjustified and unlawful interference with Plaintiff's access to
Plaintiff's Property over the private road is a clear infringement and deprivation of Plaintiff's
property rights in the private road.
34. Defendants' actions in obstructing the private road are without privilege,
justification or right.
35. Plaintiff has no adequate remedy at law to redress the continuing wrong of
Defendants' improper and unlawful conduct.
36. Plaintiff is filing concurrently with this Complaint a Motion for Preliminary
Injunctive Relief, the averments of which are hereby incorporated by reference.
WHEREFORE, Plaintiff requests that this Court enter an injunction in Plaintiff's favor
and against Defendants, both preliminary and permanent as follows:
1. Enjoin and restrain Defendants and their employees, agents, assigns and
successors in interest from further interfering with or obstructing Plaintiff's easement or right of
way existing over Defendants' land;
2. Order Defendants to remove the pile of stone or other items that have been placed
across the right of way which interfere in any manner with free and unencumbered use of the
private road;
3. Retain jurisdiction of this matter to ascertain that the Court's decree is obeyed;
and
law.
4. Award such other relief as this Court may deem appropriate and just under the
7
Date:
8
By:
Respectfully submitted,
A irew :S 'aw, Esquire
Pa. Supreme Ct. I.D. No. 87371
200 S. Spring Garden Street
Suite 11
Carlisle, PA 17013
717-243-7135
Attorney for Plaintiff
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. Section 4904, relating to
unsworn falsification to authorities.
Date: P--,26 /T
Grady Ha man
0°\"\cb
Parcel I.D. No.: 14-04-0381-018
Property Address: RR Mare Road (Mountain Ground)
Carlisle, PA 17015
MADE THE age day of
thirteen (2013).
1110
THIS DEED,
ArtiA, in the year of our Lord two thousand
BETWEEN VERNON E. WICKARD, unremarried widower, of Cumberland County,
Pennsylvania,
GRANTOR,
AND GRADY HALTEMAN, single person, of Cumberland County, Pennsylvania,
GRANTEE,
WITNESSETH, that in consideration of Forty Thousand and 00/100 Dollars
($40,000.00) in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does
hereby grant and convey to the said Grantees, his heirs and assigns,
TRACT NO. 1:
ALL that certain tract of mountain land situate in Lower Frankford Township,
Cumberland County, Pennsylvania, the same being bounded and described as follows:
BEGINNING at a black Oak; thence by land now or formerly of John Wagner, North 70
'/2 degrees East 18.1 perches to stones; thence by land now or late of Samuel Hess, South 23 '/z
degrees East 88 perches to stones; thence by land now or formerly of Samuel I. Jumper, South 71
'/2 degrees West 18.1 perches to stones; thence by land now or formerly of George Kiehl, North
23 1/2 degrees West 88 perches to the Place of BEGINNING. Containing 9 Acres and 50 Perches.
TRACT NO. 2:
ALL that certain tract of mountain land situate in Lower Frankford Township,
Cumberland County, Pennsylvania, the same being bounded and described as follows:
BEGINNING at a point, corner of land now or formerly of William Brown; thence by
the same north 22 2/4 degrees west 88 perches to stones; thence by land now or formerly of
Frank Waggoner, south 7''/ degrees west 9 perches to a stone; thence by land now or formerly of
Harvey Shugharts, south 22'/4 degrees west 88 perches to stones; thence by land now or formerly
EXHIBIT
of George Shugharts, north 71 '/2 degrees east 9 perches to the Place of Beginning. Containing 4
acres and 155 perches, more or less.
BEING the same premises which Clarence F. Hartman and Pearl E. Hartman, his wife,
by deed dated August 25, 1968 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County at Record Book 22-X, Page 457, granted and conveyed to Vernon E.
Wickard and Gladys M. Wickard, his wife. Gladys M. Wickard died on September , 1995
thereby vesting her interest in the property to Vernon E. Wickard, the Grantor herein.
AND the said Grantor does hereby covenant and agree that he will warrant SPECIALLY
the property hereby conveyed.
IN WITNESS WHEREOF, said Grantor has hereunto set his hand and seal the day and
year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE 0
VLaw'
VERNON E. WICICARD
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF CUMBERLAND
On this, thedW\ day of Vneovri------- , 2013, before me, the
undersigned officer, personally appeared VERNON E. WICKARD, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notary Public
COMMONWEALTH OF i>F,NNSYLVAN1A
My Commission Expires:
Notarial Seal
Sarah D. Dietirman, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Nov. 5, 2013
Member. Pennsylvania Association of Notaries
CERTIFICATE OF RESIDENCE
I do hereby certify that the precise residence and complet post office address of the
within named Grantee is:
DATED44.3-dA ,),?..12013 ad2
for Grant
Attorneyee
671 OI
J -S P.4 /744/
Prepared By:
Andrew H. Shaw, Esquire
200 S. Spring Garden St, Suite 1!
Carlisle, PA 17013
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 201309978
Recorded On 3/28/2013 At 3:11:24 PM
* Instrument Type - DEED
Invoice Number -132791 User ID - SW
* Grantor - WICKARD, VERNON E
* Grantee - HALTEMAN, GRADY
* Customer - SHAW
* FEES
STATE TRANSFER TAX $400.00
STATE WRIT TAX $0.50
STATE JCS/ACCESS TO $23.50
JUSTICE
RECORDING FEES — $11.50
RECORDER OF DEEDS
PARCEL CERTIFICATION $10.00
FEES
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
BIG SPRING SCHOOL $200.00
DISTRICT
LOWER FRANKFORD $200.00
TOWNSHIP
TOTAL PAID $862.00
*Total Pages - 4
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
RECORDER OF DEEDS
* . Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
PARCEL NO. 14-04-0381-040
THIS DEED
MADE THIS Z j day of December in the year two thousand (2000),
BETWEEN HOUSEHOLD REALTY CORPORATION, INC., a corporation,
principally located at Pomona County, Los Angeles, California, hereinafter called
Grantor,
AND JAMES A. DOUGHERTY and DALE E. DOUGHERTY, husband and wife,
of Cumberland County, Pennsylvania, hereinafter called Grantees
WITNESSETH, that the said Grantor for and in consideration of the sum of One
Hundred and Three Thousand and no/100 ($103,000.00) lawful money of the United
States of America, unto it well and truly paid by Grantees at and before the sealing and
delivery of these presents, and by these presents does grant, bargain, sell and convey
unto the said Grantees, their heirs and assigns,
ALL THAT CERTAIN lot or piece of ground situate In Lower Frankford
Township, Cumberland County, Pennsylvania, containing 16.862 acres, being the
northernmost part of the farm now or formerly of Nelson H. Shughart and Ruth E.
Shughart, his wife, which farm is more particularly located as being in the Northeast
corner of Legislative Route No. 21001, known as Traffic Route No. 994 and Township
Road No. 492, the tract hereby conveyed being more particularly bounded as described
as follows:
BEGINNING at an Iron pin on a line of land now or formerly of C. C. Leldigh and
land now or formerly of Eugene C. Morrison, North 72 degrees 57 minutes 48 seconds
East 1029.522 feet to a stone pile; thence South 21 degrees 42 minutes 11 seconds
cJ1
C.)
Rik 236 PAGE . 66.E
EXHIBIT
lg
East 495.76 feet to an Iron pin and stone pile; thence South 21 degrees 42 minutes 11
seconds East 495.76 feet to an iron pin and stone pile; thence South 22 degrees 41
minutes 53 seconds East 397.75 feet to an iron pin; thence South 75 degrees 22
minutes 50 seconds West 641.68 feet to an iron pin; thence North 45 drgrees 30
minutes 37 seconds West 981.602 feet to the place of BEGINNING.
CONTAINING 16.682 acres more or less.
BEING the same premises which Walter E. Morrison. a single man, by deed
dated June 23, 1993, and recorded in the Office of the Recorder of Deeds in and for
Cumberland County in Deed Book "1", Volume 36. Page 1133, granted and conveyed
unto Scott A. Matthews and Kimberly D. Matthews, husband and wife. Said premises
was later sold by sheriffs sale on July 3, 2000 and Thomas R. Cline, Sheriff of
Cumberland County, did by Sheriffs deed dated July 6, 2000, and recorded In the
Office of the Recorder of Deeds in and for Cumberland County in Deed Book 224, Page
906 grant and convey the subject property to Household Finance Corporation, Inc., the
Grantor herein.
The above description is in accordance with the the subdivision plan for Walter
E. Morrison. recorded In the Office of the Recorder of Deeds In and for Cumberland
County in Plan Book 30, Page 74.
TOGETHER with right of ingress and egress and regress over a twelve foot
driveway and subject to the expenses for Maintenance thereof as more specifically set
forth In an easement agreeement dated September 27, 1985 and recorded in
Miscellaneous book 310, Page 495.
TOGETHER with all buildings, improvements, ways, streets, alleys, passages.
waters, water -courses, rights, liberties, privileges, herediments, and appurtenances
whatsoever, thereunto belonging or in any way appertaining and the reversions, the
remainders, rents, issues and profits thereof, and all the estate, right, title, interest,
100 236 PAGE 662
property, claim, and remand whatsoever of the said Grantor, in law, equity, or otherwise
howsoever, of, in, to, or out of the same.
AND the said Grantor hereby convenants and agrees that it will warrant speciatiy
the property hereby conveyed.
IN WITNESS WHEREOF, the Grantor has hereunto set Its hand and seal the
day and year above written.
HOUSEHOLD REALTY CORPORATION, INC.
By:
`Pa.01 . MJUssea°
As,at. Vice. (Tette)
?reside
STATE OF L' AI 1 -Com 1
COUNTY OF Lis -Ay dells SS:
On this, the c% day of DPCern'3er'' 2000, before me, the
undersigned officer, personally appeared Pe u 1 e. t 4oi e -,.5e , known to me
(or satisfactorily proven) to be the persons whose name is subscribed to the within
instrument, and acknowledged that she executed same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and seal.
(SEAL)
CERTIFICATE OFAsD c
Ido hereby a$¥thtth precise ridmendcomplete &koc address of
thewithin nadGrantees is k Mare Road, CaAye 2 17013
/3//2/0-2,
COMMONWEALTH OF PENNSYLVANIA:
:Ss:
COUNTY o CUMBERLAND
Attorney f Gran
RECORDED on this Xe day of . in the Recordees office « the
said County, in Deed mk43),Page
Given under rny hand and _myth said officth date above written.
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LAW OFFICE OF ANDREW H. SHAW, P.C.
200 S. Spring Garden Street, Suite 11, Carlisle, PA 17013
Telephone (717) 243-7135 Fax (717) 243-7872
www.ashawlaw.com
ANDREW H. SHAW, ESQUIRE ANDREA L. SHAW, ESQUIRE
andrew@ashawlaw.com andrea@ashawlaw.com
July 16, 2014
VIA CONSTABLE SERVICE
James and Dale Dougherty
45 Mare Road
Carlisle, PA 17015
Re: Grady Halteman
Dear Mr. and Mrs. Dougherty:
Please be advised this office represents Grady Halteman regarding his rights to the
mountain ground he owns adjacent to your property. It is my understanding that you have
refused access for Mr. Halteman, and to individuals working for Mr. Halteman, to his land. Mr.
Halteman, through an easement, has the right to pass over the private roadway to gain access to
his land.
You are hereby on notice that should you, or anyone acting on your behalf, make any
further attempts to block access to Mr. Halteman or any of his agents, he will pursue any and all
legal means, including but not limited to instituting a civil action seeking injunctive relief and
asking the court to award attorney's fees and sanctions against you. Based upon my experience
in these types of matters, I would anticipate the court may order you to pay Mr. Halteman's fees,
and also order you to pay sanctions for any future violations.
Further, I am aware that other landowners have addressed this issue with you in the past,
so this should be of no surprise to you. I trust you will cease from restricting Mr. Halteman from
accessing his property, and that no legal proceedings will be required.
EXHIBIT
I D
James and Dale Dougherty
July 16, 2014
Page 2
If you should have any questions or concerns regarding this matter, please do not hesitate
to contact me.
Very truly yours,
Andrew H. Shaw, Esquire
cc: Grady Halteman
I
EXHIBIT
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GRADY HALTEMAN,
Plaintiff
•
CIVIL ACTION — EQUITY
v.
NO.: —5 73 0 e•
____
JAMES A DOUGHERTY and
DALE E. DOUGHERTY, husband and wife
Defendants
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PETITION FOR PRELIMINARY INJUNCTIVE RELIEF 5c:
---
tti
•
AND NOW, this e 4"da of 2014, comes the Plaintiff,
7' YGrady
Halteman, by and through his attorney, Andrew H. Shaw, Esquire and files the instant Petition
for Preliminary Injunctive Relief, pursuant to Pa.R.C.P. No. 1531, and in support thereof avers as
follows:
1. Plaintiff, concurrently with the filing of this Petition, has filed a Complaint in
this matter. A copy of the Complaint is attached hereto and incorporated by reference as
"Exhibit A."
2. Defendants, James A. Dougherty and Dale E. Dougherty, are adult individuals
residing at 45 Mare Road, Carlisle, Lower Frankford Township, Cumberland County,
Pennsylvania.
3. Plaintiff has brought this action to enjoin Defendants from obstructing access
to his property through a private road, which is further described in the Complaint.
4. The private road serves as the sole means of ingress and egress to Plaintiff's
Property.
5. Notwithstanding that the private road to Plaintiff's Property has been apparent,
visible and used continuously for more than 30 years, Defendants have deliberately obstructed,
and continue to obstruct, the private road with a pile of stone and a tractor, thereby preventing
Plaintiff from exercising his clear legal right to use the private road for ingress and regress to
Plaintiff's Property.
6. Plaintiff may suffer immediate and irreparable harm if an injunction is not
granted, in that Plaintiff is unable to access his property, and is further unable to timber the
property while Defendants are blocking access to Plaintiff's Property.
7. Plaintiff has no adequate remedy at law to redress the current and impending
harm from Defendants' continued conduct. The rights of the Plaintiff are unique and cannot be
measured in damages.
8. Defendants will not suffer any appreciable injury if the requested preliminary
injunction is granted because the status quo between the parties will be restored to where it was
before Defendants' wrongful conduct began. Access over the private road will simply be
restored to the status quo that has existed for at least the previous 30 years.
9. The issuance of a preliminary injunction will not be contrary to the public
interest, and indeed, the public interest will be served by preventing the reward of parties who
seek to impose unlawful "self help" remedies which unlawfully deprive others of legal rights.
10. Plaintiff is likely to succeed on the merits of the claims set forth in his
Complaint, in that the right of way was legally conveyed to him through the interests in the real
estate, as recorded in the deeds in the chain of title. Further, the right of way is clearly open and
visible upon inspection of Defendant's Property, thereby making their property subject to the
2
right of way. Finally, the right of way cannot be extinguished or terminated absent abandonment
or other affirmative action on the part of Plaintiff, which has not occurred.
11. Because the granting of the preliminary injunction and the return to the status
quo with regard to the right of way will cause virtually no damages to Defendants, Plaintiff
requests that the requirement to post bond or legal tender of the United States pursuant to
Pa.R.C.P. No. 1531(b) be set in an amount not exceeding $500.00.
WHEREFORE, Plaintiff requests that this Court issue a preliminary injunction in
Plaintiffs favor ordering Defendants:
1 to remove any pile of stone, debris or other obstructions from the private road;
2. to remove any tractors or other vehicles which may obstruct use of the private
road; and
3 to refrain from interfering with Plaintiffs use of the right of way over the private
road until this matter is finally resolved, effective upon posting a bond or legal
tender of the United States in an amount not to exceed $500.00.
Date: -i+' By:
3
Respectfully submitted,
Andrew H. Shaw, Esquire
Pa. Supreme Ct. I.D. No. 87371
200 S. Spring Garden Street
Suite 11
Carlisle, PA 17013
717-243-7135
VERIFICATION
I verify that the statements made in this Petition are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to
unsworn falsification to authorities.
Date: P—:<7‘4174 OtekervizA
Grady Ha man
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GRADY HALT.EMAN,
Plaintiff
v.
CIVIL ACTION — EQUITY
NO.:
JAMES A DOUGHERTY and
DALE E. DOUGHERTY, husband and wife
Defendants
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take action within twenty (20) days after this Complaint
and notice are served, by entering a written appearance personally or by attorney and filing in
writing with the court your defenses or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money
or property or other rights important to you.
YOU SHOULD TAKE TRIS PAPER TO YOUR LAWYER 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 REDUCED FEE OR NO
FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
EXHIBIT
r A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GRADY HALTEMAN,
Plaintiff
CIVIL ACTION — EQUITY
v.
NO.:
JAMES A DOUGHERTY and
DALE E. DOUGHERTY, husband and wife
Defendants
AVISO
USTED HA SIDO DEMANDADO EN LA CORTE. Si usted desea defenderse de las
quejas expuestas en las paginas siguientes, debe toma accion dentro de veinte (20) dias a partir
de la fecha en que recibio la demanda y el aviso. Usted debe presentar comparecencia escrita en
persona o por abogado y presentar en lat Corte por escrito sus defensas o sus objeciones a las
demandas en su contra.
Se le avisa que si no se defienda, el caso puede proceder sin usted y la Corte puede
decidir en su contra sin mas aviso o notificacion por cualquier otra queja o compensacion
reclamados por el Demandante. USTED PUEDE PERDER DINERO, 0 PROPIEDADES U
OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED
NO TIENE 0 NO CONOCES UN ABOGADO, VAYA 0 LLAME A LA OFICINA EN LA
DIRECCION ESCRITA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER
ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GRADY HALTEMAN,
Plaintiff
v.
CIVIL ACTION — EQUITY
NO.:
JAMES A DOUGHERTY and
DALE E. DOUGHERTY, husband and wife
Defendants
COMPLAINT
AND NOW, thisc).?-ri~day of bei'' , 2014, comes the Plaintiff, Grady
Halteman, by and through his attorney, Andrew H. Shaw, Esquire and files the instant Complaint
and in support thereof states as follows:
1. Plaintiff is an adult individual residing at 671 Old Mill Road, Newville,
Cumberland County, Pennsylvania.
2. Defendants, James A. Dougherty and Dale E. Dougherty, are adult individuals
residing at 45 Mare Road, Carlisle, Lower Frankford Township, Cumberland County,
Pennsylvania.
3. Plaintiff purchased the property, identified by the Cumberland County Tax
Assessment Office as RR Mare Road, Tax Parcel Number 14-04-0381-018, Lower Frankford
Township, Cumberland County, Pennsylvania (hereinafter "Plaintiff's Property") from Vernon
E. Wickard by deed dated March 28, 2013, and recorded in the Office of the Recorder of Deeds
in and for Cumberland County, Pennsylvania at Instrument Number 201309978. A copy of the
deed is attached hereto and incorporated by reference as "Exhibit A."
4.
improvements.
5.
The Property consists of undeveloped forest land with no structures or
Defendants purchased the property located at 45 Mare :Road, Carlisle, Lower
Frankford Township, Cumberland County, Pennsylvania (hereinafter "Defendant's Property")
from Household Realty Corporation, Inc. by deed dated December 20, 2000, and recorded in the
Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania at Deed Book 236,
Page 661. A copy of the deed is attached hereto and incorporated by reference as "Exhibit B."
6. Plaintiff's Property is adjacent to Defendant's Property.
7. Access to Plaintiff's Property is from a private road that leads over and through
Defendant's Property.
8. Plaintiff uses this private road in whole or in part for ingress, egress and
regress to his property by vehicle and by foot.
9. Said private road is referenced and identified in a subdivision plan (hereinafter
"Plan") prepared for Walter E. Morrison and recorded at Plan Book 30, Page 74 in the Office of
the Recorder of Deeds in and for Cumberland County, Pennsylvania. A copy of the Plan is
attached hereto and incorporated by reference as "Exhibit C."
10. Walter E. Morrison is a predecessor in title to Defendants, regarding the
property identified in the Plan.
11. Plaintiff and the previous owner, Vernon Wickard, have used the private road
for access to Plaintiff's Property since owning the property from 1968 to the present, a period in
excess of 21 years.
12. Without notice to or permission from Plaintiff, Defendants blocked access to
Plaintiff's Property by intentionally placing a pile of stone on the private road along the
2
boundary line between Plaintiff's Property and Defendant's Property, thereby preventing
Plaintiff from accessing his Property.
13. On or about August 6, 2014, Plaintiff served a notice to Defendants to remove
the pile of stone and provide access to Plaintiff's Property. A copy of the Notice is attached
hereto and incorporated by reference as "Exhibit D."
14. Upon receipt of the Notice, Defendants relocated their tractor and placed it in
front of the pile of stone, thereby further restricting access. A picture of the tractor in front of the
pile of stone is attached hereto and incorporated by reference as "Exhibit E."
15. Defendants have maintained the tractor and pile of stone in the same location
to this date, thereby continuing to prevent Plaintiff from accessing Plaintiff's Property.
COUNT I— EASEMENT BY IMPLICATION
16. Plaintiff incorporates herein by reference all averments of this pleading as if
more fully set forth hereinafter.
17. Language in the Plan identifying the private road states "Being ingress and
regress in common with other adjoiners to L.R. 21001.
18. The Plan clearly indicates the private road crosses Defendant's Property and
enters Plaintiff's Property.
19. By reason of the Plan, it was the intent of Walter E. Morrison to grant an
easement in favor of Plaintiff's Property.
20. The deed accepted by Defendants for Defendant's Property identifies the Plan
thereby placing Defendants on notice that they were accepting the property subject to the terms
and conditions stated in the Plan.
3
WHEREFORE, Plaintiffs request that this Court enter judgment in Plaintiffs' favor and
against Defendant as follows:
1. Declare an express and enforceable right of way for the benefit of ingress, egress
and regress on the private road over Defendants' land by Plaintiff and his successors in interest;
2. Order Defendants to remove the pile of stone or other items that have been placed
across the right of way by reason of Defendants' actions;
3. Enjoin and restrain Defendants and their employees, agents, assigns and
successors in interest from further interfering with or obstructing Plaintiff's easement or right of
way existing over Defendants' land;
4. Alternatively, award Plaintiff damages for deprivation of the reasonable use of his
property;
5. Retain jurisdiction of this matter to ascertain that the Court's decree is obeyed;
and
6. Award such other relief as this Court may deem appropriate and just under the
law.
COUNT II— ADVERSE EASEMENT (in the alternative)
21. Plaintiff incorporates herein by reference all averments of this pleading as if
more fully set forth hereinafter.
22. The means of access for ingress, egress and regress to the rear of Plaintiff's
Property have been in existence for more than twenty-one (21) years.
23. Plaintiff and his predecessors in title have enjoyed a free and uninterrupted
easement or right of way across Defendants' Property for the purpose of ingress, egress and
4
regress by vehicle and by foot to enter and enjoy their respective lands for more than twenty-one
(21) years.
24. The use by Plaintiff, and his predecessors in title, of Defendants' land was
open, visible, notorious, uninterrupted and adverse for a period well exceeding twenty-one (21)
years.
25. Through the use of access over .Defendants' Property, by himself and his
predecessors in title, Plaintiff has thereby acquired a prescriptive easement or right of way over
that portion of Defendants' Property.
26. Solely as a result of Defendants' actions, reasonable and open passage across
Defendants' land has been impeded, obstructed and otherwise altered.
27. Defendants' actions in obstructing Plaintiff's easement or right of way and
depriving Plaintiff of the reasonable use thereof has caused and continues to cause Plaintiff
irreparable harm by preventing open, passable and unobstructed use of said right of way.
28. By reason of Defendants' actions, Plaintiff has been deprived of the reasonably
open and unobstructed passage across Defendants' Property to gain ingress, egress and regress to
his respective land.
WHEREFORE, Plaintiff requests that this Court enter judgment in Plaintiff's favor and
against Defendants as follows:
1. Declare an express and enforceable right of way for the benefit of ingress, egress
and regress over Defendants' land by Plaintiff and his successors in interest;
2. Order Defendants to remove the pile of stone or other items that have been placed
across the right of way by reason of :Defendants' actions;
5
3. Enjoin and restrain Defendants and their employees, agents, assigns and
successors in interest from further interfering with or obstructing Plaintiff's easement or right of
way existing over Defendants' land;
4. Alternatively, award Plaintiff damages for deprivation of the reasonable use of his
property;
5. Retain jurisdiction of this matter to ascertain that the Court's decree is obeyed;
and
6. Award such other relief as this Court may deem appropriate and just under the
law.
COUNT III— PRELIMINARY AND INJUNCTIVE RELIEF
29. Plaintiff incorporates herein by reference all averments of this pleading as if
more fully set forth hereinafter.
30. Plaintiff seeks injunctive relief against Defendants prohibiting them from
interfering with free and unencumbered access to and over the private road, and requiring
Defendants to remove the pile of stone, tractor and any other obstruction, temporary or
permanent, which interferes in any manner with the full use and enjoyment of the private road by
Plaintiff for ingress and egress.
31. The private road serves as the primary and most convenient access point for the
Plaintiff to access his property.
32. Because of the obstructed private road, Plaintiff is unable to access his
property, as the sole roadway onto Plaintiff's Property is the private roadway at issue in this
matter.
6
33. Defendants' unjustified and unlawful interference with Plaintiff's access to
Plaintiff's Property over the private road is a clear infringement and deprivation of Plaintiff's
property rights in the private road.
34. Defendants' actions in obstructing the private road are without privilege,
justification or right.
35. Plaintiff has no adequate remedy at law to redress the continuing wrong of
Defendants' improper and unlawful conduct.
36. Plaintiff is filing concurrently with this Complaint a Motion for Preliminary
Injunctive Relief, the averments of which are hereby incorporated by reference.
WHEREFORE, Plaintiff requests that this Court enter an injunction in Plaintiff's favor
and against Defendants, both preliminary and permanent as follows:
1. Enjoin and restrain Defendants and their employees, agents, assigns and
successors in interest from further interfering with or obstructing Plaintiff's easement or right of
way existing over Defendants' land;
2. Order Defendants to remove the pile of stone or other items that have been placed
across the right of way which interfere in any manner with free and unencumbered use of the
private road;
3. Retain jurisdiction of this matter to ascertain that the Court's decree is obeyed;
and
law.
4. Award such other relief as this Court may deem appropriate and just under the
7
Date:
8
By:
Respectfully submitted,
A F. Shaw, Esquire
Pa. Supreme Ct. LD. No. 87371
200 S. Spring Garden Street
Suite 11
Carlisle, PA 17013
717-243-7135
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in this Complaint are true and correct. understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to
unsworn falsification to authorities.
Date: /I( IbAntak_
Grady H6man
c\cc\E'D
Parcel I.D. No.: 14-04-0381-018
Property Address: RR Mare Road (Mountain Ground)
Carlisle, PA 1.7015
MADE THE 043 ' day of
thirteen (2013).
THIS DE F,D,
AI- in the year of our Lord two thousand
BETWEEN VERNON E. WICKARD, unremarried widower, of Cumberland County,
Pennsylvania,
GRANTOR,
AND GRADY HALTEMAN, single person, of Cumberland County, Pennsylvania,
GRANTEE,
WITNESSETH, that in consideration of Forty Thousand and 00/100 Dollars
($40,000.00) in hand paid, the receipt whereof is hereby acknowledged, the said Grantor does
hereby grant and convey to the said Grantees, his heirs and assigns,
TRACT NO. I:
ALL that certain tract of mountain land situate in Lower Frankford Township,
Cumberland County, Pennsylvania, the same being bounded and described as follows:
BEGINNING at a black Oak; thence by land now or fortnerly of John Wagner, North 70
'/2 degrees East 18.1 perches to stones; thence by land now or late of Samuel Hess, South 23 '/2
degrees East 88 perches to stones; thence by land now or formerly of Samuel L Jumper, South 71
1/2 degrees West 18.1 perches to stones; thence by land now or fortnerly of George Kiehl, North
23 '/2 degrees West 88 perches to the Place of BEGINNING. Containing 9 Acres and 50 Perches.
TRACT NO. 2:
ALL that certain tract of mountain land situate in Lower Frankford Township,
Cumberland County, Pennsylvania, the same being bounded and described as follows:
BEGINNING at a point, corner of land now or formerly of William Brown; thence by
the same north 22 2/4 degrees west 88 perches to stones; thence by land now or formerly of
Frank Waggoner, south 7 3/4 degrees west 9 perches to a stone; thence by land now or fortnerly of
Harvey Shugharts, south 22 Y4 degrees west 88 perches to stones; thence by land now or formerly
of George Shugharts, north 71 '/2 degrees east 9 perches to the Place of Beginning. Containing 4
acres and 155 perches, more or less.
BEING the same premises which Clarence F. Hartman and Pearl E. Hartman, his wife,
by deed dated August 25, 1968 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County at Record Book 22-X, Page 457, granted and conveyed to Vernon E.
Wickard and Gladys M. Wickard, his wife. Gladys M. Wickard died on September _, 1995
thereby vesting her interest in the property to Vernon E. Wickard, the Grantor herein.
AND the said Grantor does hereby covenant and agree that he will warrant SPECIALLY
the property hereby conveyed.
IN WITNESS WHEREOF, said Grantor has hereunto set his hand and seal the day and
year first above written.
SIGNED, SEALED AND DELIVERED
IN THE PRESENCE O
VERNON E. WIC/CARD
COMMONWEALTH OF PENNSYLVANIA
: SS:
COUNTY OF CUMBERLAND
On this, the day of , 2013, before me, the
undersigned officer, personally appeared VERNON E. WICKARD, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within instrument, and
acknowledged that he executed same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
o ary Public
My Commission Expires:
(SEAL)
COMMONWEALTH OF r' 'ENNSYLVAMA
Notarial Seal
Sarah D. Dieckrnan, Notary Public
Carlisle Som, Cumberland County
my Commission ecires Nov. 5, 2013
Member. Pennsylvania Association of Notaries
CERTIFICATE OF RESIDENCE
I do hereby certify that the precise resid nce and compiet post office address of the
within named Grantee is: 6-7/ 01 ,LI/ I
AtaSe1 77.4 /7,97/14/
DATEDj41LL ,Z?12013
Attorney for Grantee
Prepared By:
Andrew IL Shaw, Esquire
2005. Spring Garden SI., Suite 11
Carlisle, PA 17013
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 201309978
Recorded On 3/28/2013 At 3:11:24 PM
* Instrument Type - DEED
Invoice Number -132791 User ID - SW
* Grantor - WICKAPD, VERNON E
* Grantee - HALTEMAN, GRADY
* Customer SHAW
* FEES
STATE TRANSFER TAX
STATE WRIT TAX
STATE JCS/ACCESS TO
JUSTICE
RECORDING FEES -
RECORDER OF"DEEDS
PARCEL CERTIFICATION
FEES
AFFORDABLE HOUSING
COUNTY ARCHIVES FEE
ROD ARCHIVES rEE
BIG SPRING SCHOOL
DISTRICT
LOWER FRANXFORD
TOWNSHIP
TOTAL PAID
$400.00
$0.50
$23.50
$11.50
$10.00
$11.50
$2.00
$3.00
$200.00
$200.00
$862.00
* Total Pages - 4
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in CumberlandCounty PA
4,10t,..e4.1-774 34y4 -
RECORDER OP D' EDS
" - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
..-...'\•�•.s •....,.rn.pl'b�!tlfY.bPfiFM.wf�rMM11f•U'lV.'�7.'T'.�!�'M�-�'f.!•F.9Ml.!/t.- :.1'e.r.vi..v: ..
J 6. /3
PARCEL NO. 14-04-0381-040
THIS DEED
MADE THIS 7.674day of December in the year two thousand (2000),
BETWEEN HOUSEHOLD REALTY CORPORATION, INC., a corporation,
principally located at Pomona County, Los Angeles, California, hereinafter called
Grantor,
AND JAMES A. DOUGHERTY and DALE E. DOUGHERTY, husband and wife,
of Cumberland County, Pennsylvania, hereinafter called Grantees
WITNESSETH, that the said Grantor for and in consideration of the sum of One
Hundred and Three Thousand and no/100 ($103,000.00) lawful money of the United
States of America, unto it well and truly paid by Grantees at and before the sealing and
delivery of these presents, and by these presents does grant, bargain, sell and convey
unto the said Grantees, their heirs and assigns,
ALL THAT CERTAIN lot or piece of ground situate In Lower Frankford
Township, Cumberland County, Pennsylvania, containing 16.862 acres, being the
northernmost part of the farm now or formerly of Nelson H. Shughart and Ruth E.
Shughart, his wife, which farm is more particularly located as being In the Northeast
corner of Legislative Route No. 21001, known as Traffic Route No. 994 and Township
Road No. 492, the tract hereby conveyed being more particularly bounded as described
as follows:
BEGINNING at an Iron pin on a line of land now or formerly of C. C. Leidigh and
land now or formerly of Eugene C. Morrison, North 72 degrees 57 minutes 48 seconds
East 1029.522 feet to a stone pile; thence South 21 degrees 42 minutes 11 seconds
tibOx 236 ME 661
EXHIBIT
g
East 495.76 feet to an iron pin and stone pile; thence South 21 degrees 42 minutes 11
seconds East 495.76 feet to an iron pin and stone pile; thence South 22 degrees 41
minutes 53 seconds East 397.75 feet to an iron pin; thence South 75 degrees 22
minutes 50 seconds West 641.68 feet to an iron pin; thence North 45 drgrees 30
minutes 37 seconds West 981.602 feet to the place of BEGINNING.
CONTAINING 16.682 acres more or loss.
BEING the same premises which Walter E. Morrison, a single man, by deed
dated June 23, 1993, and recorded in the Office of the Recorder of Deeds in and for
Cumberland County in Deed Book 1", Volume 36, Page 1133, granted and conveyed
unto Scott A. Matthews and Kimberly D. Matthews, husband and wife. Said premises
was later sold by sheriff's sale on July 3, 2000 and Thomas R. Cline, Sheriff of
Cumberland County, did by Sheriffs deed dated July 6, 2000, and recorded in the
Office of the Recorder of Deeds in and for Cumberland County in Deed Book 224, Page
906 grant and convey the subject property to Household Finance Corporation, Inc., the
Grantor herein.
The above description is in accordance with the the subdivision plan for Walter
E. Morrison, recorded In the Office of the Recorder of Deeds In and for Cumberland
County in Plan Book 30, Page 74.
TOGETHER with right of ingress and egress and regress over a twelve foot
driveway and subject to the expenses for maintenance thereof as more specifically set
forth In an easement agreeement dated Sbptember 27, 1985 and recorded in
Miscellaneous book 310. Page 495.
TOGETHER with all buildings, improvements, ways, streets, alleys, passages.
waters, water -courses, rights, liberties, privileges, herediments, and appurtenances
whatsoever, thereunto belonging or in any way appertaining and the reversions, the
remainders, rents, issues and profits thereof, and all the estate, right, title, interest,
Aim 236 PAGE 662
property, claim, and remand whatsoever of the said Grantor, in law, equity, or otherwise
howsoever, of, in, to, or out of the same.
AND the said Grantor hereby convenants and agrees that it will warrant specially
the property hereby conveyed.
IN WITNESS WHEREOF, the Grantor has hereunto set Its hand and seal the
day and year above written,
HOUSEHOLD REALTY CORPORATION, INC.
By:
`Paul . 1,,toussea0
Amt. Vice. (Title)
W esiOlev 4 -
STATE OF Cal ( 401'111 Q
COUNTY OF LOS {'iyl0l2`es SS:
On this, the Q-0 day of December , 2000, before me, the
undersigned officer, personally appeared 2rav I E. 0v10t)s5eav , known to me
(or satisfactorily proven) to be the persons whose name is subscribed to the within
instrument, and acknowledged thatshe executed same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and seal.
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CERTIFICATE OF RESIDENCE
I do hereby certify that the precise residence and complete post office address of
the within named Grantees is 45 Mare Road, Cadisle,2 17013
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COMMONWEALTH OF PENNSYLVANIA:
S :
COUNTY OF CUMBERLAND
Attorney for Gran
RECORDED on this aff day of a-6, 2,50d , in the Recorders office of the
said County, in Deed Book9s3( , Page
Given under my hand and seal of the said office, the date above written.
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LAW OFFICE OF ANDREW H. SHAW, P.C.
200 S. Spring Garden Street, Suite 11, Carlisle, PA 17013
Telephone (717) 243-7135 Fax (717) 243-7872
www.ashawlaw.com
ANDREW H. SHAW, ESQUIRE ANDREA L. SHAW, ESQUIRE
andrew@ashawlaw.com andrea@ashawlaw.com
July 16, 2014
VIA CONSTABLE SERVICE
James and Dale Dougherty
45 Mare Road
Carlisle, PA 17015
Re: Grady Halteman
Dear Mr. and Mrs. Dougherty:
Please be advised this office represents Grady Halteman regarding his rights to the
mountain ground he owns adjacent to your property. It is my understanding that you have
refused access for Mr. Halteman, and to individuals working for Mr. Halteman, to his land. Mr.
Halteman, through an easement, has the right to pass over the private roadway to gain access to
his land.
You are hereby on notice that should you, or anyone acting on your behalf, make any
further attempts to block access to Mr. Halteman or any of his agents, he will pursue any and all
legal means, including but not limited to instituting a civil action seeking injunctive relief and
asking the court to award attorney's fees and sanctions against you. Based upon my experience
in these types of matters, I would anticipate the court may order you to pay Mr. Halte.man's fees,
and also order you to pay sanctions for any future violations.
Further, I am aware that other landowners have addressed this issue with you in the past,
so this should be of no surprise to you. I trust you will cease from restricting Mr. Halteman from
accessing his property, and that no legal proceedings will be required.
James and Dale Dougherty
July 16, 2014.
Page 2
If you should have any questions or concerns regarding this matter, please do not hesitate
to contact me.
Very truly yours,
Andrew H. Shaw, Esquire
cc: Grady :[-[alteman
AMOR
t
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GRADY HALTEMAN,
Plaintiff
v.
JAMES A DOUGHERTY and
DALE E. DOUGHERTY, husband and wife
Defendants
CIVIL ACTION — EQUITY
NO.: PI— (73(:)
RULE TO SHOW CAUSE
Ie.
ei/)9
AND NOW, this 1 of OCIdiS. , 2014, A RULE IS HEREBY
ISSUED upon Defendants James A. Dougherty and Dale E. Dougherty to show cause why the
Petition for Preliminary Injunctive Relief brought by Plaintiff should not be granted.
This RULE is returnable on °Cs , 2014 at 137 P.ni
in Courtroom No.3 in the Cumberland County Courthouse, Carlisle, Pennsylvania, at which
time a hearing shall be held on the Plaintiff's Petition for Preliminary Injunctive Relief.
J.
2istribution:
drew H. Shaw, Esquire, counsel for Plaintiff
James and Dale Dougherty, Defendants
l2es MU' licL
I Y
17)
GRADY HALTEMAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : NO. 14-5730 CIVIL TERM
JAMES A. DOUGHERTY and.
DALE E. DOUGHERTY,
husband and wife,
Defendants
: CIVIL ACTION - EQUITY
• ORDER OF COURT
AND NOW, this 9th day of October, 2014, after
hearing in this matter, and it appearing to the Court that the,
Defendants were only served yesterday and did not have time to
get legal counsel, and the Defendants having indicated that they
would like the benefit of counsel, we will reconvene this
hearing at 1:30 p.m. on Friday, November 21, 2014. If after
obtaining counsel the Defendant wishes to present additional
evidence, we will hear such evidence on that date. We also will
give the Plaintiff the chance to present any further evidence he
may wish to present. The parties are encouraged to file
memorandum of law in support of their respective positions by
close of business on November 14, 2014. They may bring reply
memoranda with them to the hearing.
By the Court,
Edward E. Guido, J.
(-)
=rn
----Andrew H. Shaw, Esquire
Attorney for for Plaintiff _<.>
r-=
-c
3> cp
----James A. Dougherty =c)
45 Mare Road
Carlisle, PA 17015 --,
srs
Copti Wciari 10/131i,t
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Cl
Co.)
•••12
(31
‘SI
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
2I14 °CI Z P 2
+ S
� BERL '�a CO1.311
PUNS
U S,(Iv�IaIa
OFT i Of "WE, iFF
Grady Halteman
vs.
James Dougherty (et al.)
Case Number
2014-5730
SHERIFF'S RETURN OF SERVICE
10/08/2014 03:37 PM - Deputy Jamie DiMartile, being duly sworn according to law, served the requested Complaint
in Equity & an Injunction by handing a true copy to a person representing themselves to be James
Dougherty, Husband, who accepted as "Adult Person in Charge" for Dale Dougherty at 45 Mare Road,
Lower Frankford Township, Carlisle, PA 17015.
I 10 M(25)t7
4IE DIMARTILE, DEPUTY
10/08/2014 03:37 PM - Deputy Jamie DiMartile, being duly sworn according to law, served the requested Complaint
in Equity & an Injunction by "personally" handing a true copy to a person representing themselves to be
the Defendant, to wit: James Dougherty at 45 Mare Road, Lower Frankford Township, Carlisle, PA
17015.
SHERIFF COST: $64.27
October 09, 2014
(c) CountySuite Sheriff: 'Tel Inc.
Q_Cinal
E DIMARTILE, DEPUTY
SO ANSWERS,
RONNY R ANDERSON, SHERIFF
F .
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
GRADY HALTEMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 14-5730 CIVIL TERM
JAMES A. DOUGHERTY and
DALE E. DOUGHERTY,
husband and wife,
Defendants
To the Prothonotary:
CIVIL ACTION - EQUITY
PRAECIPE FOR
ENTRY OF APPEARANCE
Please enter the appearance of the undersigned and Saidis, Sullivan & Rogers on
behalf of the Defendants, James A. Dougherty and Dale E. Dougherty, in the above -
captioned matter.
Respectfully Submitted,
SAIDIS, SULLIVAN & ROGERS
Date: October 22, 2014 By: �.�---
Daniel L. Sullivan, Esquire
Attorney I.D. 34548
26 West High Street
Carlisle, PA 17013
(717) 243-6222 - Phone
(717) 243-6486 - Fax
dsullivan@ssr-attorneys.com
CERTIFICATE OF SERVICE
AND NOW, October 22, 2014, I, Daniel L. Sullivan, Esquire, hereby certify that I
did serve a true and correct copy of the Praecipe for Entry of Appearance upon all
counsel of record by depositing, or causing to be deposited, same in the U.S. mail,
postage prepaid, at Carlisle, Pennsylvania, addressed as follows:
By First Class Mail:
Andrew Shaw, Esq.
200 South Spring Garden Street, Suite 11
Carlisle, PA 17013
By:
SAIDIS, SULLIVAN & ROGERS
Daniel L. Sullivan, Esquire
Attorney I.D. 34548
Attorney for Defendants
26 West High Street
Carlisle, PA 17013
Phone (717)243-6222
Fax (717) 243-6486
dsullivan@ssr-attomeys.com
GRADY HALTEMAN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
JAMES A. DOUGHERTY and
DALE E. DOUGHERTY, CIVIL ACTION - EQUITY
Defendants NO. 14-5730 CIVIL TERM
IN RE: PRELIMINARY INJUNCTION
ORDER OF COURT
AND NOW, this 21st day of November, 2014, after
hearing, the request for a preliminary injunction is denied.
By the Court,
Edward E. Guido, J.
r -Andrew H. Shaw, Esquire
For the Plaintiff
Daniel L. Sullivan, Esquire
For the Defendants
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
GRADY HALTEMAN,
Plaintiff
v.
JAMES A DOUGHERTY and
DALE E. DOUGHERTY, husband and wife •
Defendants
•
•
•
CIVIL ACTION — EQUY L
rn
NO.: 14-5730 z �
G -: c
cng2= ==.
�.a c
PLAINTIFF'S ANSWER TO DEFENDANTS' NEW MATTER AND COUNTERCLAIM
AND NOW, this / day of Ve,c.>e ec", 2014, comes the Plaintiff, Grady
Halteman, by and through his attorney, Andrew H. Shaw, Esquire and files the instant Answer
and in support thereof states as follows:
37. Denied. It is specifically denied that the "Private Road" has been obstructed
(except on sporadic and limited occasions) since June, 1998. Strict proof thereof is demanded at
trial.
38. Denied. It is specifically denied that Plaintiff has not used the "Private Road"
to access Plaintiff's Property except for two (2) limited, one day periods. Strict proof thereof is
demanded at trial.
39. After reasonable investigation, Plaintiff is without information or knowledge
sufficient to answer the averments made by Defendant in Paragraph 39 of Defendant's New
Matter. To the extent a response is required, Plaintiff has never sought consent from Defendant
to use the private road.
40. Admitted in part and denied in part. It is admitted that adjoining land owners
have permitted Plaintiff to access his property over the adjoiners' lands. As a matter of further
response, Plaintiff has not obtained a legal right of way for access to his property over any other
adjoining properties, and any access Plaintiff has obtained could be revoked at any time.
41. After reasonable investigation, Plaintiff is
sufficient to answer the averments made by Defendant in
Matter. Strict proof thereof is demanded at trial.
42. After reasonable investigation, Plaintiff is
sufficient to answer the averments made by Defendant in
Matter. Strict proof thereof is demanded at trial.
43. After reasonable investigation, Plaintiff is
sufficient to answer the averments made by Defendant in
Matter. Strict proof thereof is demanded at trial.
44. After reasonable investigation, Plaintiff is
without information or knowledge
Paragraph 41 of Defendant's New
without information or knowledge
Paragraph 42 of Defendant's New
without information or knowledge
Paragraph 43 of Defendant's New
without information or knowledge
sufficient to answer the averments made by Defendant in Paragraph 44 of Defendant's New
Matter. Strict proof thereof is demanded at trial. To the extent a response is required, it is
admitted that Defendants have currently blocked access to Plaintiff's Property. As a matter of
further response, Plaintiff has gained access to his property over the private road since the date of
his purchase, without the consent of Defendants.
45. Paragraph 45 of Defendants' New Matter is a legal conclusion to which no
response is required. To the extent a response is required, Wickard's actions were an attempt to
avoid any confrontations or other problems with Defendants, since Defendants had unilaterally
blocked access to Wickard's property. Further, at no point has Wickard conceded or admitted
2
r
that he did not have legal access to his property through the private road, over Defendants'
Property.
46. Paragraph 46 of Defendants' New Matter is a legal conclusion to which no
response is required. To the extent a response is required, Plaintiff's actions were an attempt to
avoid any confrontations or other problems with Defendants, since Defendants had unilaterally
blocked access to Plaintiff's Property. Further, at no point has Plaintiff conceded or admitted
that he did not have legal access to his property through the private road, over Defendants'
Property.
47. Admitted.
48. Denied as stated. The subdivision plan speaks for itself.
49. Denied as stated. The subdivision plan speaks for itself.
50. Denied as stated. Said easement agreement speaks for itself.
51. Paragraph 51 of Defendants' New Matter is a legal conclusion to which no
response is required.
52. Paragraph 52 of Defendants' New Matter is a legal conclusion to which no
response is required.
53. Paragraph 53 of Defendants' New Matter is a legal conclusion to which no
response is required.
54. Paragraph 54 of Defendants' New Matter is a legal conclusion to which no
response is required.
55. No response required.
56. Paragraph 56 of Defendants' New Matter is a legal conclusion to which no
response is required.
3
57. Paragraph 57 of Defendants' New Matter is a legal conclusion to which no
response is required.
58. Paragraph 58 of Defendants' New Matter is a legal conclusion to which no
response is required.
WHEREFORE, Plaintiff requests that this Court enter an injunction in Plaintiff's favor
and against Defendants, both preliminary and permanent as follows:
1. Enjoin and restrain Defendants and their employees, agents, assigns and
successors in interest from further interfering with or obstructing Plaintiff's easement or right of
way existing over Defendants' land;
2. Order Defendants to remove the pile of stone or other items that have been placed
across the right of way which interfere in any manner with free and unencumbered use of the
private road;
3. Retain jurisdiction of this matter to ascertain that the Court's decree is obeyed;
and
4. Award such other relief as this Court may deem appropriate and just under the
law.
Date: PCC- /2, ,7701
4/1-
4
Respectfully submitted,
By:
Andrew H. Shaw, Esquire
Pa. Supreme Ct. I.D. No. 87371
200 S. Spring Garden Street
Suite 11
Carlisle, PA 17013
717-243-7135
Attorney for Plaintiff
VERIFICATION
I verify that the statements made in this Answer are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to
unsworn falsification to authorities.
Date: f;.1 --/e _ ) 4 � f�!Lf�l�, 4 kiNiAt
Grady Hman
CERTIFICATE OF SERVICE
I, Andrew H. Shaw, Esquire, hereby certify that I have this day served a true and correct
copy of the foregoing Answer To New Matter and Counterclaim upon the following person(s) by
placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows:
Date:
D/&
Daniel L. Sullivan, Esquire
Saidis, Sullivan & Rogers
26 West High Street
Carlisle, PA 17013
Attorney for Defendants
By:
Respectfully Submitted,
Andrew H. haw, Esquire
200 S. Spring Garden St., Suite 11
Carlisle, PA 17013
(717) 243-7135
Attorney for Plaintiff