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HomeMy WebLinkAbout05-4562. n"Ivxl a x. nr iNiE Y and ANN E. BENJEY, his wife, Plaintiffs V. DONALD E. DIEHL, SUZANNE DIEHL, RAYMOND E. DIEHL and GENEVIEVE A. DIEHL, Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA t._ NO.2005-J(O CIVIL TERM CIVIL ACTION - LAW NOTICE TO DEFEND 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, order 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 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, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 Americans with Disabilities Act of 1990 The Court of Common Pleas of Cumberland County 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 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. THOMAS R. BENJEY and : IN THE COURT OF COMMON PLEAS OF ANN E. BENJEY, his wife, Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. DONALD E. DIEHL, SUZANNE DIEHL, RAYMOND E. DIEHL and GENEVIEVE A. DIEHL, Defendants NO.2005-YS"LCIVIL TERM CIVIL ACTION - LAW COMPLAINT AND NOW, this 1st day of September 2005, comes the Plaintiffs, THOMAS R. BENJEY and ANN E. BENJEY, by their attorneys, Irwin & McKnight, and makes the following Complaint against the defendants, DONALD E. DIEHL, SUZANNE DIEHL, RAYMOND E. DIEHL and GENEVIEVE A. DIEHL: 1. The Plaintiffs,Thomas R. Benjey and Ann E. Benjey, are adult individuals residing at 546 East Springville Road, Carlisle, Pennsylvania 17013. 2. The Defendants, Donald E. Diehl and Suzanne Diehl, are adult individuals residing at 110 West Springville Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 3. The Defendants, Raymond E. Diehl and Genevieve A. Diehl, are adult individuals residing at 315 Myers Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 4. The Defendants acquired a sanitary Easement across the property of the Plaintiffs located in South Middleton Township, Cumberland County, Pennsylvania. The Easement was in the form of a written Agreement dated September 14, 1999, between the parties. A copy of said Agreement is attached hereto and marked as Exhibit "A" and made a part of this Complaint. 3 5. Pursuant to paragraph three (3) of the written Agreement: After completion of construction within the Easements granted herein, Grantees, their heirs and assigns, shall restore the surface of Easements to its pre-construction condition such that there should be no visible change in the property except necessary manhole covers at appropriate intervals. 6. The Defendants completed construction on or about June 30, 2004. Despite repeated requests, the Defendants have failed to restore the area of the easement to its pre-construction condition. 7. Specifically, the Defendants have breached the written Agreement by failing to perform the following: A. Failure to properly restore the grass and level the area disturbed by the construction. B. Failure to replace the mature trees which were removed during construction. C. Failure to properly complete the construction in a timely and workmanlike manner. 8. The cost of restoring the property to its original condition is as follows: A. Cost of landscaping, grading and reseeding ........... $25,000.00 B. Cost of replacing trees ................................$1,398,600.00 9. The cost of restoring the area disturbed by the construction of the Defendants must be paid in full by the Defendants. 4 WHEREFORE, the Plaintiffs, Thomas R. Benjey and Ann E. Benjey, requests compensation and damages from the Defendant in the amount in excess of One Million Four Hundred Twenty-Three Thousand Six Hundred and no/100 ($1,423,600.00) Dollars with interest as permitted by law and the costs of this litigation. Respectfully submitted, IRWIN & McKNIGHT By: 60 West Pomfret Street Carlisle, Pennsylvania 170 (717) 249-2353 upreme Court I.D. No. 254 Date: September 1, 2005 rnav fnr nlainf: fi EXHIBIT "A" SANITARY SEWER EASEMENT AQ E?lT t16 P17354 THIS AGREEMENT trade the A4!? day of September, 1999, by and between Thomas R. Benjey and Ann P. Renjey C`Crrantors") and Raymond E. Diehl and Genevieve A. Diehl, husband and wife, and Donald E. Diehl and Suzanne Diehl, husband and wife, their heirs and assigns ("Grantees"). WHEREAS, pursuant to a prior Agreement, Grantors have agreed to grant to Grantees an easement on and through the property of the Grantors to enable Grantees to construct, install, maintain and use a sanitary sewage line through the property of the Oranturs upon the following terms and conditions- NOW, THEREFORE, intending to be legal bound hereby the parties agree as follows: 1. Grant of Permanent Basement, Grantors hereb and assigns, a perpetual easement twenty (_ ?0) y ?t and convey Grantees, their heirs feet in width to construct, install ll, maintain, inspect. Operate, repair, remove and replace a sanitary sewage line as the same as depicted ou a certain Final Minor Subdivision Plan for Goodyear Farms Plan No. 2, recorded in Cumberland County, Pennsylvania Plan Book fi P??a[ge H tF , the centerline of which Permanent Easement is more fully descrihed as follows: J,g u tk / [xL"& 7r_ -r „' Beginniug at a puint on the boundary of Lot 11 and Lot 1 as shown on a certain Final Minor Subdivision Plan for Goodyear Farms plan no. 2, recorded in Cumberland County, Pennsylvania, Plan Book 49 , Page 116 , thence the following three courses and distances: a. North 58 degrees 54 minutes 06 seconds East, 160.07 feet to a point; b. North 80 degrees 12 minutes 55 seconds East, 426.79 feet to a point; c. South 69 degrees 19 minutes 02 seconds East 268.38 feet to a point; 2. Grant of Temporary Construction Easement. granted in In addition to the Permanent Easement Paragraph 1 hereof, Grantors further grant and convey to Grantees, their heirs and assigns, a certain 10 foot wide Temporary Construction Easement adjacent to such Permanent Easement. Said Temporary Construction Easement shall expire One Hundred Eighty (180) days from the commencement within any portion of the Permanent Easement or within the Temporary Construction Easement aforesaid. 3. After completion of construction within the Easements granted herein, Grantees, their heirs and assigns, shall restore the surface of Easements to its pre-construction condition such that there should be no visible change in the property except necessary manhole covers d appropriate intervals. No above ground structures shall be permitted on or within the Easements. All manhole covers shall be placed flush with the ground such that mowing can safely occur over such manhole covers. Further, Grantees shall not cause or permit any blasting to occur within the Easements at any time. Z0 39tld h3PN39 Mi QNtl NNtl bL00E6ZLTL E5:9T b00Z/9T/b0 4 ('grantees, their heirs and assigns, shall bear all expenses associated with, the construction of and within the Easements pursuant to the terms hereof and shall further provide a "tap" for the residential propeny of the Grantors. Grantors shall install and pay the cost of installation of any "lateral" connecting Grantors' property to the "tap" provided by Grantees. IN WITNESS WIT IREOF, the pal-tics hereto have executed this Agreement as of the day and year first above written. Witness: Witness x, Q-d Raymond E. Diehl ? -,?-'. °-:-?-°-6-?? ?• Q P (sear) Crenevteve A. Diehl l WitliCss- -=-=1 ( (Seal) Donald E. Diehl 3uiann iehl eal) U' 71 (Seal) Thomas R. Benjey - `-?'='? ?• (Seal) Ann E. Benjey C1 tl 60 39Vd h3PN3H WOl GNV NNC VL00MLTL E9:9T b00Z/9T/b0 Witness.. VERIFICATION The foregoing document is based upon information which has been gathered by counsel and us in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. THOMAS R. BENY' ANN E. BENJEY Date: September 1, 2005 00 g._s W 01 THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. DONALD E. DIEHL, SUZANNE DIEHL, RAYMOND E. DIEHL, and GENEVIEVE A. DIEHL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4562 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of Buzgon Davis Law Offices whose address is 525 South Eighth Street, P.O. Box 49, Lebanon, Pennsylvania 17042-0049, as attorneys for Donald E. Diehl and Suzanne Diehl, the Defendants, in the above-captioned case. BUZGON DAVIS LAW OFFICES DATE: BY: SCOTT L. OBLE, ESQUIRE Attorney I. 72808 525 South Eighth Street P.O. Box 49 Lebanon, PA 17042-0049 (717) 274-1421 ° c ` rn n r ? r ro rn? -v m rn IV _+ r SHERIFF'S RETURN - REGULAR CASE NO: 2005-04562 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENJEY THOMAS R ETAL VS DIEHL DONALD E ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE DIEHL DEFENDANT was served upon the , at 1621:00 HOURS, on the 8th day of September, 2005 at 110 WEST SPRINGVILLE ROAD BOILING SPRINGS, PA 17007 by handing to DONALD DIEHL a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge So Answers: 18.00 4.00 .37 10.00 R. Thomas Kline .00 32.37 09/09/2005 MARCUS MCKNIGHT Sworn and Subscribed to before By: me this _ day of A.D. Pro tar SHERIFF'S RETURN - REGULAR CASE NO: 2005-04562 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENJEY THOMAS R ETAL VS DIEHL DONALD E ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DIEHL SUZANNE the DEFENDANT at 1621:00 HOURS, on the 8th day of September, 2005 at 110 WEST SPRINGVILLE ROAD BOILING SPRINGS. PA 17007 SUZANNE DIEHL by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 6.00 .00 .00 10.00 R. Thomas Kline .00 16.00 09/09/2005 MARCUS MCKNIGHT Sworn and Subscribed to before By: me this day of A.D. Pr not y SHERIFF'S RETURN - REGULAR CASE NO: 2005-04562 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENJEY THOMAS R VS DONALD E ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE DIEHL RAYMOND DEFENDANT was served upon the , at 1610:00 HOURS, on the 8th day of September, 2005 at 315 MYERS ROAD BOILING SPRINGS, PA 17007 by handing to GENEVIEVE DIEHL. WI a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service 4.80 Affidavit .00 Surcharge 10.00 .00 20.80 Sworn and Subscribed to before me this - 2 6 day of A.D. c Pr not y So Answers: R. Thomas Kline 09/09/2005 MARCUS MCKNIGHT By: SHERIFF'S RETURN - REGULAR CASE NO: 2005-04562 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BENJEY THOMAS R ETAL VS DIEHL DONALD E ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon DIEHL GENEVIEVE A the DEFENDANT , at 1610:00 HOURS, on the 8th day of September, 2005 at 315 MYERS ROAD BOILING SPRINGS, PA 17007 by handing to GENEVIEVE DIEHL a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ( day of A. D. P onot ,agV So Answers: R. Thomas Kline 09/09/2005 MARCUS MCKNIGHT By: ]? p S iff THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. DONALD E. DIEHL, SUZANNE DIEHL, RAYMOND E. DIEHL and GENEVIEVE A. DIEHL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4562 CIVIL TERM CIVIL ACTION - LAW PRAECIPE SAIDIS SHUFF, FLOWER & LINDSAY To the Prothonotary: Please enter the appearance of Saidis, Shuff, Flower and Lindsay for the Defendants, Raymond E. and Genevieve A. Diehl, in the above-captioned matter. Respectf Date ellaL LA (? oZ006 itted, Roberk'C. Saidis, Esq. Supreme Court SD #21458 Brian C. Caffrey, Esq. Supreme Court ID #42667 26 W. High Street Carlisle PA 17013 Ph: 717.243.6222 Attorney for Defendants 26 W. High Street Carlisle. PA 'J ?- Yl <2? ? ' . i.' .. ?: `('Ci _ ti? ? ?. .-? GD THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. DONALD E. DIEHL, SUZANNE DIEHL, RAYMOND E. DIEHL and GENEVIEVE A. DIEHL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4562 CIVIL TERM CIVIL ACTION - LAW PRELIMINARY OBJECTIONS AND NOW, come Defendants, Raymond E. Diehl and Genevieve A. Diehl, through their attorneys, Saidis, Shuff, Flower and Lindsay, and file the following Preliminary Objections to the Complaint. 1. The Plaintiff's Complaint fails to comply with Pa. R.C.P. 1019 in the following respects: A. The Complaint is not sufficiently specific to permit the Defendants to answer the averments. (1) The Plaintiff's claim for damages for landscaping of twenty-five thousand ($25,000.00) dollars and replacing trees of one million three hundred ninety-eight thousand six hundred ($1,398,600.00) dollars is based on facts not alleged in the Complaint. (2) Without specific allegations, the Defendants are unable to answer the Complaint. B. The claim of the Plaintiff is based upon a writing, which is not attached to the Complaint. SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS•AT•LAW 26 W. High Street Carlisle, PA (1) The Plaintiff alleges damages for landscaping of twenty-five thousand ($25,000.00) dollars and replacing trees of one million three hundred ninety-eight thousand six hundred ($1,398,600.00) dollars. (2) No writing supporting said claim is attached to the Complaint as required by Rule. C. The Complaint fails to state material facts on which a cause of action is based. (1) The Complaint alleges no material facts for their calculation of damages. 2. The Plaintiff's Complaint fails to comply with Pa. R.C.P. 1021 in the following respects: A. The Complaint demands relief for unliquidated damages in a specific amount contrary to the Rule; and B. The Complaint fails to state whether the amount claimed exceeds the compulsory arbitration amounts for Cumberland County. SAIDIS SHUFF, FLOWER & LINDSAY ArMRMYS•AT•LAW 26 W. High Street Carlisle, PA WHEREFORE, Defendants, Raymond E. Diehl and Genevieve A. Diehl, request that Your Honorable Court require the Plaintiffs to file a Complaint in conformance with the Pennsylvania Rules of Civil Procedure or, in the alternative, if they fail to do so within the time required by the Court, order their Complaint be dismissed. Date C(}A Respectful submitted, Robert C. Saidis, Esq. Supreme Court ID #21458 Brian C. Caffrey, Esq. Supreme Court ID #42667 26 W. High Street Carlisle PA 17013 Ph: 717.243.6222 Attorney for Defendants -_ -f.. ?-,, ..- '. .;:i..;7 c ;. ?.1 CERTIFICATE OF SERVICE On this 14th day of October 2005, I hereby certify that I served a true and correct copy of the foregoing Defendant's Preliminary Objections and Entry of Appearance upon all parties of record via United States Mail, postage prepaid, addressed as follows: Marcus A. McKnight, III 60 West Pomfret Street Carlisle, PA 17013 Scott L. Grenoble, Esq. 525 S. 8th Street P. 0. Box 49 Lebanon, PA 17042-0049 SAIDIS, SHUFF, FLOWER & LINDSAY By:`7?/CLG*a SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA 1 CO > ?J 'u`? Yj :.:? L1', ?? -? .a r Ct -_' ?. w iy= w ?y f" sn _ O N ?') THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. DONALD E. DIEHL, SUZANNE DIEHL, RAYMOND E. DIEHL, and GENEVIEVE A. DIEHL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4562 CIVIL TERM CIVIL ACTION - LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) ss: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Defendants Donald E. Diehl and Suzanne Diehl, being duly sworn according to law, depose and say that on October 20, 2005, I mailed the original and one copy of INTERROGATORIES and REQUEST FOR PRODUCTION OF DOCUMENTS OF DEFENDANTS, DONALD E. DIEHL AND SUZANNE DIEHL DIRECTED TO PLAINTIFFS by First Class mail, in a postpaid envelope, to Marcus A. McKnight, III, Esquire, Irwin & McKnight, 60 West Pomfret Street, Carlisle, Pennsylvania 17013, Attorney for Plaintiffs. Sworn to and subscribed before me this 20th day of October, A.D., 2005. ' cf? r eily ? a e?sr? My co-r+ J;ANEL1 E, . WORCESTER ?? ? V '.,. -- R BUZGON DAVIS LAW OFFICES Attorneys for Scott L. Grenoble, Esquire Donald E. Diehl and Attorney I.D. #72808 Suzanne Diehl 525 South Eighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 E-Mail: sgrenoble@buzgondavis.com THOMAS R. BENJEY and IN THE COURT OF COMMON PLEAS OF ANN E. BENJEY, his wife, Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2005 - 4562 CIVIL TERM DONALD E. DIEHL, CIVIL ACTION - LAW SUZANNE DIEHL, RAYMOND E. DIEHL and GENEVIEVE A. DIEHL, Defendants NOTICE TO PLEAD To Plaintiffs: You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. ANSWER AND NEW MATTER AND NOW, come the Defendants, Donald E. Diehl and Suzanne Diehl, by their attorneys, Buzgon Davis Law Offices, and file this Answer and New Matter, averring as follows: 1. ANSWER 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted in part and denied in part. It is admitted that an easement was negotiated. The details of that easement are documents in writing and speak for themselves. 5. Denied. The agreements are documents in writing and speak for themselves. 6. Admitted in part and denied in part. It is admitted that construction was completed on or about June 30, 2004. The remaining averments are denied, strict proof being demanded at trial. 7. Denied. The averments of paragraph 7 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. 8. Denied. 9. Denied. The averments of paragraph 9 set forth conclusions of law to which no response is required. By way of further response, said allegations are denied, strict proof being demanded at trial. WHEREFORE, Defendants, Donald E. Diehl and Suzanne Diehl, respectfully request your Honorable Court to dismiss Plaintiffs' Complaint with prejudice. II. NEW MATTER 10. Plaintiffs' claims are barred and/or limited by the various agreements between the parties. 11. Plaintiffs' claims for damages are barred and/or limited by their failure to mitigate their damages. 12. Plaintiffs' claims are barred and/or limited by their waiver of equitable estoppel. 13. Plaintiffs' claims are barred and/or limited by the doctrine of laches. -2- 14. Plaintiffs' claims are barred in whole or in part by the doctrine of accord and satisfaction. 15. Plaintiffs' damages are limited and/or barred, in whole or in part, by the doctrine of unjust enrichment. 16. Plaintiffs' claimed damages do not fairly and reasonably reflect the obligations as set forth in the various written agreements. 17. Answering Defendants are entitled to credit for the remediation work which has been completed. 18. Answering Defendants were not negligent, reckless, or careless with respect to any conduct regarding the injuries and damages alleged by Plaintiffs. 19. The injuries and damages allegedly sustained by Plaintiffs were not proximately caused by Answering Defendants. 20. The negligent or intentional acts or omissions of other individuals or entities may have constituted superseding causes of the damages and/or injuries alleged to have been sustained by Plaintiffs. WHEREFORE, Defendants, Donald E. Diehl and Suzanne Diehl, respectfully request your Honorable Court to dismiss Plaintiffs' Complaint with prejudice. BUZGON DAV LAW OFFICES BY: Scott L. r oble, Esquire-Attorney I.D. #72808 525 South Vighth Street Post Office Box 49 Lebanon, PA 17042-0049 (717) 274-1421 Fax: (717) 274-1752 E-Mail: sgrenoble@buzgondavis.com Attorneys for Defendants, Donald E. Diehl and Suzanne Diehl -3- VERIFICATION I, SCOTT L. GRENOBLE, do hereby verify that I am the attorney for Donald E. and Suzanne Diehl, in the within action. The facts set forth in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief, as conveyed to me by my client. My knowledge in this matter is based entirely on what has been passed to me by my client. I hereby further verify that I am signing this Verification on behalf of my client, pursuant to Rule 1024(c) of the Pennsylvania Rules of Civil Procedure, because my client is unavailable to timely file this Verification within the time allowed for filing a pleading. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. k Date: October 18, 2005 SCOTT L. GRENOBLE r VERIFICATION I, SCOTT L. GRENOBLE, do hereby verify that I am the attorney for Donald E. and Suzanne Diehl, in the within action. The facts set forth in the foregoing Answer and New Matter are true and correct to the best of my knowledge, information and belief, as conveyed to me by my clients. My knowledge in this matter is based entirely on what has been passed to me by my clients. I hereby further verify that I am signing this Verification on behalf of my clients, pursuant to Rule 1024(c) of the Pennsylvania Rules of Civil Procedure, because my clients are unavailable to timely file this Verification within the time allowed for filing a pleading. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. is z Date: October 20, 2005: SCOTT L. G NOBLE THOMAS R. BENJEY and IN THE COURT OF COMMON PLEAS OF ANN E. BENJEY, his wife, Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-4562 CIVIL TERM DONALD E. DIEHL, CIVIL ACTION -LAW SUZANNE DIEHL, RAYMOND E. DIEHL, and GENEVIEVE A. DIEHL, Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) ss: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Defendants Donald E. Diehl and Suzanne Diehl, being duly sworn according to law, depose and say that I mailed on October 20, 2005, to the Office of the Prothonotary of Cumberland County, the original ANSWER and NEW MATTER and that I mailed, by first Class mail, in a postpaid envelope, a true and correct copy to Marcus A. McKnight, III, Esquire, Irwin & McKnight, 60 West Pomfret Street, Carlisle, Pennsylvania 17013, Attorney for Plaintiffs. JANELLE,K.'WORCESTER Sworn to and subscribed before me this 20th day of October, A.D., 2005. cl! 'lie `; i d K C;L? qty My ?cr ?r z ,? ;r r' E)+17 r.7 ?_? : _ ' -- r'+ 1 ---+ r..7 ..._ 1 _ _ _4 _, THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. DONALD E. DIEHL, SUZANNE DIEHL, RAYMOND E. DIEHL, and GENEVIEVE A. DIEHL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4562 CIVIL TERM CIVIL ACTION - LAW PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please substitute the attached Verification to the Complaint which was filed in the above- referenced matter on October 20, 2005. BUZGON DAVIS LAW OFFICES BY: SCOTT L. RENOBLE, ESQUIRE Attorney I.D. #72808 525 South Eighth Street P. O. Box 49 Lebanon, PA 17042-0049 717-274-1421 Attorney for Defendants, Donald and Suzanne Diehl VERIFICATION 1, Donald E. Diehl and Suzanne Diehl, do hereby verify that we are the Defendants in the foregoing action; that the attached Answer and New Matter is based upon information which we have furnished to our counsel and information which has been gathered by our counsel in the preparation of the lawsuit. The language of the Answer and New Matter is that of counsel and not of us. We have read the Answers and to the extent that the Answers are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. To the extent that the content of the Answers are that of counsel, we have relied upon counsel in making this Verification. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 1(43 i / GS THOMAS R. BENJEY and IN THE COURT OF COMMON PLEAS OF ANN E. BENJEY, his wife, Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-4562 CIVIL TERM DONALD E. DIEHL, CIVIL ACTION-LAW SUZANNE DIEHL, RAYMOND E. DIEHL, and GENEVIEVE A. DIEHL, Defendants AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) ss: COUNTY OF LEBANON ) I, Janelle K. Worcester, an employee of the law firm of Buzgon Davis Law Offices, 525 South Eighth Street, Lebanon, Lebanon County, Pennsylvania, Attorneys for Defendants Donald E. Diehl and Suzanne Diehl, being duly sworn according to law, depose and say that I mailed on November 1, 2005, to the Office of the Prothonotary of Cumberland County, the original PRAECIPE TO SUBSTITUTE VERIFICATION and that I mailed, by First Class mail, in a postpaid envelope, a true and correct copy to Marcus A. McKnight, III, Esquire, Irwin & McKnight, 60 West Pomfret Street, Carlisle, Pennsylvania 17013, Attorney for Plaintiffs and Robert C. Saidis, Esquire and Brian C. Caffrey, Esquire, Saidis, Shuff, Flower & Lindsay, 26 W. High Street, Carlisle, Pennsylvania 17013, Attorney for Defendants Raymond and Genevieve Diehl. Sworn to and subscribed before me this 1 sc day of November, A.D., 2005. No ar}? ublic ry r. JANELLEKfi. WORCESTER n ?? a `-?; ?;- ?'; K, c5 ???r `= ?;',`? N ??? ?,? _? < ^o C7 `C?i tti ? i. N ?? c.n ••- I f THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. DONALD E. DIEHL, SUZANNE DIEHL, RAYMOND E. DIEHL. and GENEVIEVE A. DIEHL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4562 CIVIL TERM CIVIL ACTION - LAW PRAECIPE FOR WITHDRAWALXNTRY OF APPEARANCE Please withdraw the appearance of Buzgon Davis Law Offices whose address is 525 South Eighth Street, P.O. Box 49, Lebanon, Pennsylvania 17042-0049, as attorneys for Donald E. Diehl and Suzanne Diehl, the Defendants, and enter the appearance of Saidis, Shuff, Flower & Lindsay whose address is 26 W. High Street, Carlisle, Pennsylvania 17013, as attorneys for Donald E. Diehl and Suzanne Diehl, the Defendants in the above-captioned case. DATE: I ??)?bb DATE; -4-S o(p ?zr' BY: _ _ SCOTT L_. G EN0BLE, ESQUIRE Attorney I.D. #72808 525 South Eighth Street, P.O. Box 49 Lebanon, PA 17042-0049 (717) 274-1421 BY ?OBERTX. SAAIDIS, ESQUIRE Attorney I.D. #21458 BRIAN C. CAFFREY, ESQUIRE Attorney I.D. #42667 26 W. High Street Carlisle, PA 17013 (717) 243-6222 CERTIFICATE OF SERVICE I hereby certify that on March 13, 2006 I served a copy of the foregoing praecipe on Marcus A. McKnight, III, Esquire, attorney for Plaintiffs, by causing same to be mailed by first-class United States mail to his address at 60 West Pomfret Street, Carlisle, PA 17013. THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs V. DONALD E. DIEHL, SUZANNE DIEHL, RAYMOND E. DIEHL and GENEVIEVE A. DIEHL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- 4562 CIVIL TERM CIVIL ACTION - LAW STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff intends to proceed with the above-captioned matter. Respectfully submitted, IRWIN & IGHT, P.C. By: Marcu A. Mc , Esquire Suprem Co I.D o: 25476 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Date: October 27, 2009 Rai kC fNc A6 2009 OCT 27 PM 2*. 4 7 qL; l:;F,jj Tt CUt? ,, - PE"YL.v" F:\F1LES\C1ients\12303 Diehl\12303.13 Benjey\12303.13.pra THOMAS R. BENJEY and : IN THE COURT OF COMMON PLEAS OF ANN E. BENJEY, his wife, : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. : NO. 2005-4562 rn ca DONALD E. DIEHL, SUZANNE DIEHL, ' r' RAYMOND E. DIEHL and CIVIL ACTION - LAW GENEVIEVE A. DIEHL, t? Defendants ?n PRAECIPE TO WITHDRAW AND ENTER APPEARANCE To the Prothonotary: Please withdraw the appearance of SAIDIS, FLOWER & LINDSAY as attorneys for the Defendants, Donald E. Diehl, Suzanne Diehl, Raymond E. Diehl and Genevieve A. Diehl. SAIDIS, Date: CO/ V/0 By: Robert C. Saidis, Esquire I:D. No. 21458 26 West High Street Carlisle, PA 17013 (717) 243-6222 AY Please enter the appearance of MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, as attorneys for the Defendants Donald E. Diehl, Suzanne Diehl, Raymond E. Diehl and Genevieve A. Diehl. MARTSON LAW OFFICES Date: /-a/_ /p Christopher E. Rice, Esquire I.D. No. 90916 10 East High Street Carlisle, PA 17013 (717) 243-3341 THOMAS R. BENJEY and ANN E. BENJEY, his wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-4562 DONALD E. DIEHL, SUZANNE DIEHL, RAYMOND E. DIEHL and : CIVIL ACTION - LAW GENEVIEVE A. DIEHL, Defendants PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: W Please mark the above-captioned action settled and discontinued with prejudice. Respectfully submitted, IRWIN & McKNIGIR w Mar/us McKnigh , II, Esquire 60 West Pomfret Str t lisle, PA 17013 (717) - Supreme Court I.D. 25476 Attorney for Plaintiffs Dated: •?• ?0 1A CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe to Discontinue was served this date by hand delivery as follows: Marcus A. McKnight, Esquire IRWIN & McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013 Christopher E. Rice, Esquire MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 MARTSON LAW OFFICES By: U"t? Mary Price Ten E st High Street Carlisle, PA 17013 (717) 243-3341 Dated: ?40/p-'