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HomeMy WebLinkAbout05-5253Carl C. Risch, Esquire Attorney I.D. Number 75901 Hillary A. Dean, Esquire Attorney I.D. Number 92878 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff ALLEN M. ALLISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE of JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER,: WILLIAM B. BUCHER, CHRISTINE BUCHER, individually, CHRISTINE BUCHER, administratrix d.b.n.c.t.a. of the ESTATE OF JOHN C. BUCHER, administratrix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a NO. OS - _S~ ~~ -~ CIVIL TERM PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CARRIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors, successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN ACTION TO QUIET TITLE THEIR OWN RIGHT, Defendants NOTICE YOU ARE NOTIFIED that the Plaintiff has commenced an action to quiet title against you by complaint filed to the above term and number on ~~~, , ~ , 2005, which action you are required to defend. You are required to plead to the said complaint within twenty (20) days after 4 service has been completed, or judgment by default may be entered against you. This action concerns the premises hereinafter described: ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the westerly side of Park Place at the dividing line between lots Nos. 1 and 2, Section "D", on the plan of lots referred to hereinafter; thence along said western line in a northerly direction, North OS degrees 00 minutes West, a distance of 59.29 feet to the Place of BEGINNING; thence along a curve to the left having a radius of 20 feet, an arc length of 30.52 feet to a point along lands now or formerly of Charles Sampson; thence along said lands North 89 degrees 43 minutes West, a distance of 96.05 feet to a point at line of lands now or formerly of Edward Q. Allison, Sr.; thence by said last mentioned lands, North 02 degrees 17 minutes West, a distance of 50.05 feet to a point at line of lands now or formerly of Royer's Flowers; thence by said last mentioned lands, South 89 degrees 43 minutes East, a distance of 115.17 feet to a point on the northerly side of Sherman Road; thence along the westerly line of said road, South 02 degrees 17 minutes East, a distance of 69.17 feet to the Place of BEGINNING. Being shown on the western end of a proposed Sherman Road, such parcel never developed and such section of road never being constructed and/or accepted as such, and being adjacent to Lot #1, Section "D", on the plan of Linden Gardens, which said plan is dated October 8, 1954, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 6, Page 49. If you wish to defend against the claims set forth in the following pages, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court within twenty (20) days after this complaint and notice are served. 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 the 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, PA 17013 (717) 249-3166 Carl C. Risch, Esquire Hillary A. Dean, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff F \FILES\DATAFILE\General\Current\ l 1748. I . com Created. 10/5/OS 11:04AM Revised: 10/6/05 1118AM Carl C. Risch, Esquire Attorney I.D. Number 75901 Hillary A. Dean, Esquire Attorney I.D. Number 92878 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff ALLEN M. ALLISON, : 1N THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE of JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, : NO. OS - ~ .~Z S3 KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER,: WILLIAM B. BUCHER, CHRISTINE BUCHER, individually, CHRISTINE BUCHER, administratrix d.b.n.c.t.a. of the ESTATE OF JOHN C. BUCHER, administratrix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CABBIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors, successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN CIVIL TERM ACTION TO QUIET TITLE THEIR OWN RIGHT, Defendants COMPLAINT AND NOW, this 6`" day of October, 2005, comes the Plaintiff, Allen M. Allison, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and files the following Complaint to Quiet Title and, in support thereof, avers as follows: The Plaintiff, Allen M. Allison, is an adult individual and resides at HCR 71, Box 158 AB, Hustontown, Fulton County, Pennsylvania, 17229. 2. Defendant, Jonathan Keough, is an adult individual with a last known address of 306 Hunter Path Road, Hummelstown, Pennsylvania, 17036. 3. Defendant, Lower Allen Township is a political subdivision of the Commonwealth of Pennsylvania with an address of 1993 Hummel Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. 4. The remaining named Defendants are individuals whose present whereabouts are unknown. Furthermore, the Plaintiff has no knowledge or information as to the whereabouts of the Defendants' heirs, devisees, administrators, executors, successors and assigns, nor of any other unknown persons having or claiming any right, title, estate, lien, or interest through or under the named Defendants or in their own right. 5. The Plaintiff is the owner, possessor and resident of the lot of land at issue in this action (hereinafter, the "Premises") 6. The legal description for the Premises at issue in this action is more fully described as follows: ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the westerly side of Park Place at the dividing line between lots Nos. 1 and 2, Section "D", on the plan of lots referred to hereinafter; thence along said western line in a northerly direction, North OS degrees 00 minutes West, a distance of 59.29 feet to the Place of BEGINNING; thence along a curve to the left having a radius of 20 feet, an arc length of 30.52 feet to a point along lands now or formerly of Charles Sampson; thence along said lands North 89 degrees 43 minutes West, a distance of 96.05 feet to a point at line of lands now or formerly of Edward Q. Allison, Sr.; thence by said last mentioned lands, North 02 degrees 17 minutes West, a distance of 50.05 feet to a point at line of lands now or formerly of Royer's Flowers; thence by said last mentioned lands, South 89 degrees 43 minutes East, a distance of 115.17 feet to a point on the northerly side of Sherman Road; thence along the westerly line of said road, South 02 degrees 17 minutes East, a distance of 69.17 feet to the Place of BEGINNING. Being shown on the western end of a proposed Sherman Road, such parcel never developed and such section of road never being constructed and/or accepted as such, and being adjacent to Lot # 1, Section "D", on the plan of Linden Gardens, which said plan is dated October 8, 1954, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 6, Page 49. 7. The legal description recited in paragraph 6 above is taken from aQuit-Claim Deed dated December 18, 2001 and recorded in Cumberland County Deed Book 249, Page 3315. A copy of the said Quit-Claim Deed is attached hereto and made a part hereof as Exhibit "A." 8. After a reasonable search and inquiry through the public records in and from the Office of the Recorder of Deeds of Cumberland County, Plaintiff has been unable to locate any form of deed or indenture explicitly conveying the Premises to anyone subsequent to a Deed conveying an 11.48 acre parcel of land to J.C. Bucher and John E. Keough in 1953. (Other than Exhibit "A"). A copy of the said Deed is attached hereto and made a part hereof as Exhibit "B." The majority of the 11.48 acre parcel was divided and either sold or otherwise transferred. 9. It is believed, and thus Plaintiff avers, that no deed was ever drafted or recorded to convey the said Premises to anyone. 10. Plaintiff brings this action pursuant to Pa. R. Civ. P. 1061(b)(1)-(4) providing, inter alia, that any action to quiet title maybe brought to determine "any right, lien, title or interest in the land or determine the validity or discharge of any document, obligation or deed affecting a right, lien, title or interest in land." 11. Upon reasonable survey and investigation, the title to the property appears to have devolved as follows: A. Harry Eicheleberger et ux to Ada Snyder by deed dated June 13, 1912, recorded in the Office of the Recorder of Deeds of Cumberland County, in Deed Book X, Volume 7, Page 165. B. Ada Snyder to J.C. Bucher and John E. Keough by deed dated June 18, 1953, recorded in the Office of the Recorder of Deeds of Cumberland County, in Deed Book P, Volume 15, Page 217. C. Christine Bucher and Jonathan E. Keough to Allen M. Allison by quit claim deed dated December 18, 2001, recorded in the Office of the Recorder of Deeds of Cumberland County, in Deed Book 249, Page 3315. Christine Bucher is a successor in interest to the property by virtue of the death of J.C. Bucher on July 7, 1973, who devised the property to his wife Caroline Bucher, and to his son William B. Bucher and his wife Christine Bucher. Said Caroline Bucher died on July 19, 1987. Said William B. Bucher died on February 24, 1992, devising the property to his wife, Christine Bucher. Jonathan E. Keough is a successor in interest to the property by virtue of the death of John E. Keough, who devised the property to his son Jonathan E. Keough. 12. The Township of Lower Allen has been named as a Defendant in this action because it may have gained rights in the Premises by virtue of the Premises' identification as the western end of a proposed Sherman Road. 13. The Plaintiff brings this quiet title action at this time to compel John E. Keough, Janet G. Keough, Jonathan Keough, Jonathan Keough as executor of the Estate of John E. Keough, Kathleen B. Keough, J.C. Bucher, John C. Bucher, Caroline Bucher, William B. Bucher, Christine Bucher, Christine Bucher as administratrix d.b.n.c.t.a. ofthe Estate ofJohn C. Bucher, administratrix d.b.n.c.t.a. of the Estate of Caroline Bucher, and executrix of the Estate of William Bucher, David Allen Bucher, John Joseph Bucher, Suzanne Bucher, Patricia Suzanne Hammaker f/k/a Patricia Suzanne Bucher, Douglas Gene Hammaker, Carrie Lynn Bucher, and the Township of Lower Allen, their heirs, devisees, administrators, executors, successors and assigns and any person or persons having or claiming a right, title, estate, lien or interest in the Premises to set forth the nature of their claims, or be forever barred from making said claims. WHEREFORE, the Plaintiffrespectfully requests that this Honorable Court to decree the title to said property to be in the Plaintiff and to enjoin the Defendants from setting up any title to said premises or from impeaching, denying or in any other way attacking the Plaintiff s title to said property. MARTSON DEARDORFF WILLIAMS & OTTO ~_ By Carl C. Risch, Esquire Attorney I.D. No. 75901 Hillary A. Dean, Esquire Attorney I.D. No. 92878 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: ~p - ~ p~ Attorneys for Plaintiff r~ 3 ~, !q e, v~. ~ Tax Parcel No. QUIT-CLAIM DEED Made this 18th day of December, 2001 ~~ ,, ' ~ ~ ~~~ x 8 P~ ~ 1 ~ BETWEEN CHRISTINE BUCHER, of Rye Township, Perry County, Pennsylvania, And JONATHAN E. KEOUGH, of Hummelstown, Dauphin County, Pennsylvania, (hereinafter referred to as Grantors), AND ALLEN M. ALLISON of Hustontown, Huntingdon County, Pennsylvania, (hereinafter referred to as Grantee}, Witnesseth, that the said GRANTORS, for and inconsideration of $ 2 (one & no/100 dollars) in hand paid, conveys and quit-claims to, GRANTEE, the right, title and interest, if any, which GRANTORS may have in the following described real estate: ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING At a point on the westerly side of Park Place at the dividing line between lots Nos. 1 and 2, Section "D", on the plan of lots referred to hereinafter; thence along said western line in a northerly direction, North OS degree 00 minutes West, a distance of 59.29 feet to the Place of BEGINNING; thence along a curve to the left having a radius of 20 feet, an arc length of 30.52 feet to a point along lands now or formerly of Charles Sampson; thence along said lands North 89 degrees 43 minutes West, a distance of 96.05 feet to a point at line of lands now or formerly of Edward Q. Allison, Sr.; thence by said last mentioned lands, North 02 degrees 3 7 minutes West, a distance of 50.05 feet to a paint at line of lands now or formerly of Royer's Flowers; thence by said last mentioned lands, South 89 degrees 43 minutes East, a distance of 115.17 feet to a paint on the northerly side of Sherman Road; thence along the westerly line of said road, South OZ degrees 17 minutes East, a distance of 69.17 feet to the place of BEGINNING. Qpox `~49 r°~c~ 3315 Being shown on the western end of a proposed Sherman Road, such pazcel never developed and such section of road never being constructed and/or accepted as such, and being adjacent to Lot# 1, Section "D", on the plan of Linden Gardens, which said plan is dated October 8, 1954, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 6, Page. y~ IN WITNESS WHEREOF, the said Grantors have hereunto set their hands and seals and executed this Quit-claim deed the day and year first above written. Kathleen B. Keough, wife of Jonathan E. Keough, joins in this conveyance quit-claiming and conveying any and all rights which she may have, if any, in this property to Grantee. W TNES5: ~a.~ (' h Cd - ~~~~~~ Christine Bucher Jona .~. ~~~ Kathleen B. Keough COMMONWEALTH OF PENNSYLVANIA: COUNTY OF Pe ~e.. RL y ss. On this the ~_ day of December, 2001, before me, the undersigned officer, personally appeared the above named Christine Bucher, Jonathan E. Keough and Kathleen B. Keo known to me (or satisfactorily proven to me) to be the persons whose names are subs,,` foregoing Quit-claim deed, and acknowledged that they executed the same for the p ~. therein contained, and desired the same might be recorded as such, according to law. ~~~~, In witness whereof, I hereunto set my hand and official seal. Notary Public c~~<~ NOTARIAL SEAL BRENDA 3. FLICKINGER, NOTARY PUBLIC MY COMMISSION EXPIRES 4EC. 20, 2004 MARYSVILLE 60ROUGH, PERRY GOUNTY aaox 29~ pac~~316 I certify the precise address of the Grantee is HRC 71, Box 158AB,Hustontown, PA 17229. Allen M. Allison, Grantee I Certi~y i:his to be recorded In C~.k3~-1~~ =~a,~d County PA ~:\ f Deeds Recorder o ~aox ~~~ eac~33~,~ REV-Itl~ EX (6961 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF REVENUE ftUREAU Of INDIVIDUAL TAXES DEPT. 280603 HARRISBURG, PA 17128-0603 REALTY TRANSFER TAX STATEMENT OF VALUE Ses Reverse for Instructions I RECORDER'S USf ONlY I Complete each section and file in duplicate with Recorder of Deeds when (i} the full value/consideration is not set forth in the deed, (2} when the dead is without consideration, or by gift, or (31 a tax exemption is claimed. A Statement of Value is not required if the transfer is wholly exempt from tax based on: (1) family relationship or (2} public utility easement. If more space is needed, attach additional sheat(sl. A CORRESPONDENT -All inquiries may be directed to the following person: Name 'fin Telephone Number: r~ ~L-L~. /~ / Y ' ~j~' LL,/,5' U /~ Area Code { 717) !`~ 7 ^ 3 rJ ~ y' Street Address r~ City Stots ZiprC~ode LL !` 2 7 / I 'S E X /~ ~ ~ ~t ~ S' ~ L7 JuJ TG r u wJ J ~ ~ 17 r(~ C? B TRANSFER DATA Doh of Aeupronee o Document Grantor{s)/Lessor{s) ~ ~ Grantee(s)/Lessee(s) B ~ L /n1 L /S 4 ~ ~ V u N A >sti tux `~ O v- G.1+ r1 L 0~ - Street Address Street Address p n City State Zip Code City State Zip Cade ^>t ti~ t~Mr.C ~ s Try W rJ ~_._-- ~ U S" 4 of T O 7 G i C PROPERTY LOCATION Street Adadress Cify, Township, Boroug I /~-i< /~ ~-IQ C~ ~ O W/s!'1 ~LtJ~r/ %~nt ~. County School District !1 Taz Parcel Number D VALUATION DATA 1. Actual Cash Consideration 2. Other Consideration 3. Toto Consi erotion /. U tl + _ ~/. 4 U E EXEMPTION DATA la. Amount of Exemption Claimed 2. Chuck Appropriate Box &tlow For Exemption Claimed ^ Will or intestate succession (Name of Decedent) (Estate file Number) ^ Transfer to Industrial Development Agency. ^ Tronsfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) i°-ti U Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.) ^ Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. (IF condemnation or in lieu of condemnation, attach copy of resolution.} ^ Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number ,Page Number ^ Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.) ^ Statutory corporate consolidation, merger or division. (Attach copy of articles.} Other (Please explain exemption claimed. if other than listed obove.i Siynature~ n en~spenaibl• Parry aUVX 24V PAGE3a-1~.~7 / ~ ~/i~ t7~/ FAILURE TO COMPLETE THIS FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL TO RECORD THE DEED. Under p~naltfes of law, I declare that I isavo examined this Statement, including accompanying information, and to the best of my knowledge and belief, it Is true, correct and complete. .~ l3Q.GD. ___- ~- a ,~ ~ N ~J ~~ ~ ~. ° ~ Q ~~ °~ fib''C .~ ~~ ~~ ~~ ~ o ~~ ~~ ~. N. ~'I Q ~1 ~- - ---"' N ..~- • - ~, z .~.ES ~ a ~~~ ~ °° ~` ~ L L /ANt p .8 ~ ~T1V~R ~'n,~o ~/ v~-~~ . ~s C !mss ~ ~ ~ . _~------- -- _ c~ ~-~~~~~~aa ~~'~ xaag ~`1 p ~ `~. ~v ]~ '~ ~ ~ C ~h i !z • 9si ..~. ~! o zo 9E' %11 _ rte! ~'~ r- nt 1 . ~" i ,. ~Q L = 30.52 ~ ~ `, ~j ;~ _~ C3 r~ ~ ~ ~; ~ ~. o ~ tN,,~ `.. .oars ail, zos car-~C1 ~~~ a ~~~. c, ~`a„~ ~ ~ ~ ~~ ~~~ p ~ ~~~,~° ~ ~°•s, 4 ro C'J ~ V ~~ ~~~:. ~~ ~ ~s.> ~~ _ , d~ ~l~~tl~tdd~e, aye--tie :.. f __ day o! efc6 .$ ~ and Fiftsy-t:u'oe (1953} . in the year of our Lord One Thousand Nlet AAA SNYI~ER, a cri3or., of the Township of Lower Allen, County of Oberland, :;fate of Pennsylvania, prsrty o_° the first part ANA J. C. BUCHER anti JOHN :. Krp'JGH, of the Borough of Marysville, Coiuity of Perry, and ~jtat+9 of Penn:~ylv-:nln, ~uirties of th~~ second part, ~{ijltggtth That the said part y of the ftrat part, for and in consideration o1 the sum of Gne ($1.00) ~'.ollar and other good r:n? valu_zhle consirierntions, lawful money of the United States of America, wall and truly paid by the said part ies of th~e~ second part to the said part y of the Srat part, at and before the sealing and delivery of these presents, the receipt whereof is herel»y ac1mowledged, has granted, bargained, sold, aliened, enfeoffed released, conveyed and confirmed and by these presents da es grant, bargain, sell, alien, enfeoPf, release„ convey and confirm unto the said part i®s o! the second part, thoir heirs and assigns, ~« thnt certain pioco or parcel of land, situate in the Township of Lower Allen, Cu~nbt>rlan:: County, Penn:>ylvnni.a, : oun3ed r.n~? described as follows, to wits Bc.GINNIwG st s point in the center of a small strecun;',.,thence ~long.tha,.'.aenter of sni~i streru~ north ixty-nine (':~9) degrees fifty-tyro (5~) minutes west ninety and,' sixty-ono h~ui<tr^dths (90.61) Ceet to a point; thence nlon;; the same north forty-four (t I,) degrees twenty-three (?3} ',inutes west ninety-nice ana ei;'.:1,y-tco iiunii'•~dths (99.H2) feot ton point,; th•,nc~; along the sums north fifty-nine (5`:) degrees five (5) minutes west an© hun:lred throe ^nd ei-cty-nine hun~'.redth; (lO?.Ei9) feet! to a point; thence n.lonf; the same north seventy-nine (79}de^rees te;enty-four (?k) minutes west three htu~dred ~tinety-_o~.u• nn,i fifty-hundredths (39/..50) feet to n point in h:i3.:i streii:n; thence icross n stone on t•he ban}_ o: s:~i:i otrenn .nlon;~ lnn'. o: Aua Bt~yder, of which this was formerly a p°.rt north five; (5) det>,rees two (2) minutes east five hwid:red fifty-three ~tn,l twenty-five hun.iredths (55:~•'S) feet to a stone; thence along seid lsncl nnj innd of iinrry 9u_hey south ei,;hty-ti;o (8:') de.-race twent:r-foil (''/,) °in•.ito.^, enst, two hnrx9red forty nnri eittht:y-hundredt.!, ~ (?/,0.60} feet to n brn:i in concrete; thence nlonr; ssi~i ;~ush~~:; 1^n~l south fiv^ (5) decreed thirt;/-six ('i~) -irutes e~nst two hundred ,.in^_ty-sa~vcn ':n'. sir.ty-nix hun~iredt,as (.^97.(,5) feet to a ;~oirtit in pu'.lic hlghcrny leadinn; from Gettysh+ir~, to }Inrrist•Lrg;; thence nlonr, s~ii:l !;iF',hwny south eii~h+'.:y--three (ES3) de•'reea two (2) r..inutes on::a three hundred :: ty-ei •h<, nnS ;L<t}'- five hnrtlr~~~jt-is (~5°.{~5} 1'cot to n ~,oint is sni~' hip;:~~wny; t.;~ancs :].enr L1ni o:' A~S;i .i . eooul5 P ~a~l~ ,,~ b,F r{: >~ .,. _ .. .. pcpyier nn] arrosa a stone marke.* on tLe >outh side of ssdd highway ,oath 'alSr' ffiy ~~ dagreeo fifty-eivht (5:1) ainutas .rest trso hurrired twenty-nine nnj fifty-six Ir t ~: h+uw:iradths (2z9.5b) feet Loa stone; thence :]on,; said ]Nevi aou°2+ 91r•ht.yl~Ch~•eir'QBa') ;'.y ' depa•ees txc (?) minutes enst ei.xty-four nnri t'nirty-sevon hurolredt.hs (bf..3'7) feet to a sl;one; thence :,]on? said land soatt: !'five (5) degr9es forty-six (,l6) ~,inutes Yest ~, •. { A~., seven hundred ,fiat}'-nin9 nn5 t'nir~~-two hunrirodths (']~:~j.3?) feot to tYw plnco O` 9£~~ipY~TNO!-;?;' COl!'1'AI;9I90 eleven nnl .ort;-rig?et hurolredth:. (11.1.8) acres. SEItiG part of the s me prentes which harry Eichel9berger et ~. by deod dwted ,' ~'? Jein~a 19, 1912, and which dead is ro~:ordad In the Offi,cE, vf~ tile, IS®aior+lar of Deeds' in and _°or Cumberland County, Pennsy.L'ranla, in Daed Book Vol+une 7, i~yok "X", Pnre 1F5, granted r.nd conveyed ~u1to Ada Snyder, party oi' the :first pr+rt t;ereto. Th9 party of the ;ir,t part hereto does hereby grant, 9ssign, transfer nni sct over unto the p~u•tios of the oecom7 i;art dll of her r1.;Lt.te cl•.1-: nn'. remove ~imm~gos with respect to th9 con~lemrvntion of any part o~~ r~or•tion of ;.a'. l:+n~':;. ~, I~. ~~»,, , ~ ~ 1 IIAh1Yl ~f bl:f:~ !£~ ~~ 4 ~~ 5 a ~~ ~ °`ill ~9 bi ~I ~.Ka6Q6 ,,,~i~itra;.z~'.;,eaRil't,+ts zonov~iines ,+ . J -, ~ooN15 P ~21~ ~I~:O~i~~ wtca .n .nd slw-~n1ar, ti,. t.aenmora. lur.dttsnab a~@Il .v4~eo~...o~+ 1~e wih auee dns. or In aaywiss appertatnlas, and tlae nereiea aad ~~., reaeata8ee na rvroslsdera. Hula. la.nw and profits ~IBar.as : all tL..etater ~ wLr iraiu:+at. property, eJaim and delnaad whataotr.r. both to law and aQula at tha ald part , d ilea esa part, ad. In. to or oat oT the svmld prsmlae ti aced ewq part aced parcel tbsreo! il~'v0 babe :ma t® ~tol~ ~ aeld pnmleea. with all sad dasalr tlw apvo~ese. Ito ly,e yid part ies ai the asooad pa:t, for tho.~3olves, thelr bdn aced ~IS°a. 4aa and for the oab proper aaae aced bslwol aS the Wd part iea of the second part, their bein sad aaalsna forN+r, ~~na THE SAID party of thw first part, for har~elf. ncr lbelrs, e:ecntors sad admintdratun. do es by tbess preaerata, eoveaant, ~raat and a=rea o0 .mad with the said pert iee of the ioeoond part, Qr thorn :rlvws, theft hadn and assisaa, that she, ~ ~d party o.° the first part, four herself, her heirs all and sipsulas the hereditam~mb and psernleee hearoinabove described aced ~raated or loea- tioned, and Intended eo to be, with the appnrteaanens, onto the said part lee o! the second part, their hdsa and suisas, against tha aald part y a2 t>se Aret part end her help and asaainat all and every other pecaoa or persona whowaosver, Lw- Cul>,y cLiminp or to elalto the same ur snj part thereof. shall aced will, by these psroeenta. WARRANT AND P'®REVEB DEFEND. ;fin 2~iftr~eg~ Zi~l~ere~f, tM asid party of the eat part lase hrsaneo yt her hand and Beal the day and Bur Met above written. 3taa.d, Ssatad sad D.linred ~ C ;~ a ; ...~, .... (SEAL) ice, tbp Presence of ~. .................................(SEAL) 7~.~...~~. r~........ .................................(SEAT.) .................................(SEAL) .................................(SEAL) .................................(SEAL) .................................(SEAL) ........ . ........................ (eEALI ................ .............. tS~AL) ................................(SEAL) .................................(SEAL) ~- ~ooK15 P ~~® aTSTS o~ raa~xanv~~- ~: ~~ ~ovt~r~r, allw tlra .~grh ~M1 ~ June to the yaar Qa Thonsasd lZhia Hnfi~ m~pd Fifty-'.fires (1957), >ydaro me. tha anbacribarp a ]uatlne pwreq to end !'off aald sr tints and cocmty, tiaraoaally aaor tDe ~bo~asmd ~r~ SNYUEK, • ~S.dox, ` ~'r -~ . aelmowbdtad tra ahon lndaatut+a bo tea A~et asd ~~~ ~d • ~p u+ed tau sarM mt[ht 6s av~oosd~d Y sne]~. ~~~r ee . ~ o . , ' ' t ~~ ~ •t e ® hl~.`: ~~ ^ 1 l~ia W hand and ACS".7GS seal. .`~• . ~. f~~. :~ „, ~. J ~'.0'. % r. .. ~ ,~~,,~~~~.~ ` ;,VeL1o• of Ehe•paace •••MY co~issionexyireat~Jan, g~ .. •' 1458 NrHeretyy Certify that tbs Predaa Sauldenoa of the Grantee, in the withla Dead fs YSairysville, Pe, Attoraep for ............................... t~U ~ y~ vuH ~,b ~ e :C r7 5 hl K o ti v .n ~' ~ c i~ i.i ~~, ? I~ i .n ~~ II ~ ti „~ H C Qi e-1 V~1 ~ +p-1 C' .+ m a e ~ L~3 ~ '~' i ~ c _ ~! v g y ~ ~,r~rr aaw,. ~:.nw .~'~ c: ti •~~ S ~; ~ . y <r ~ n Q a ~ d ~ C R~ 1 1 t'A1ptONWF.ALTH OF P13NN8YY.WANIA nn. ~ S9: ....l~.Aa~~a~°............ COUNTY , ~tCOT~ti~ In the Office for Racordin~ of ®eeda, in and ffor tha County a~E -----G~...br.L-."~.~__. in D~Oed Book -. _.l.i~°. -. - Vol.._.. ~.- - ._. paw ~~ ~ftntgs~ Nay hand and seal of office, this ~~`'------- .._ ..-------..-.-. -- alay of ------~ -- - -- - -- -...._. ~nno Dbmini, 9 ~~ ~- - ~ -~ ~ 5 1 VERIFICATION Carl C. Risch, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS & OTTO, attorneys for Plaintiff Allen M. Allison in the within action, certifies that the statements made in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~ ra ~. ~-j _~ C~ "=a `• 4 t '~- ~' ~ ~ ' - ~ ~ a ~ F `~~ ~~: Carl C. Risch, Esquire Attorney I.D. Number 75901 Hillary A. Dean, Esquire Attorney I.D. Number 92878 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Cazlisle, PA 17013 717-243-3341 Attorneys for Plaintiff ALLEN M. ALLISON, Plaintiff IN THE COUR"C OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE of JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER,: WILLIAM B. BUCHER, CHRISTINE BUCHER, individually, CHRISTINE BUCHER, administratrix d.b.n.c.t.a. of the ESTATE OF JOHN C. BUCHER, administratrix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a NO. OS - ~° S3 CIVIL TERM PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CABBIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors, successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN ACTION TO QUIET TITLE THEIR OWN RIGHT, Defendants MOTION FOR PUBLICATION AND NOW, this ~ day of October, 2005, an affidavit having been executed and filed concurrently with this Motion for Publication by the Plaintiff s counsel on October, 2005, a copy of which is attached hereto as Exhibit "A," in the above-captioned matter that the identity and whereabouts of the vazious Defendants, their heirs and assigns are unknown or aze deceased, the Plaintiff moves this Honorable Court for leave to serve the Complaint on the said Defendants by publication in such manner as provided for by Pa.R.C.P. 430(b) and C.C.R.P. 1009-1. Respectfully submitted MARTS N A12D0 F WILLIAMS & OTTO By Carl C. Risch, Eisquire Attorney I.D. No. 75901 Hillary A. Dean, Esquire Attorney LD. No. 92878 10 East High Street Cazlisle, PA 17013 (717) 243-3341 Date: October \, , 2005 Attorneys for Plaintiff Carl C. Risch, Esquire Attomey LD, Number 75901 Hillary A. Dean, Esquire Attomey I.D. Number 92878 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Cazlisle, PA 17013 717-243-3341 Attorneys for Plaintiff ALLEN M. ALLISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE of JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, : NO. OS - KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER,: WILLIAM B. BUCHER, CHRISTINE BUCHER, individually, CHRISTINE BUCHER, administratrix d.b.n.c.t.a. of the ESTATE OF JOHN C. BUCHER, adrninistratrix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CABBIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors, successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT, Defendants CIVIL TERM ACTION TO QUIET TITLE AFFIDAVIT IN ACCORDANCE WITH PA.. R.C.P. 430 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CARL C. RISCH, Esquire, being duly sworn according to law, deposes and says the following: 1. I am the Plaintiff's attorney in the above action. 2. At my direction an investigation was conducted into the whereabouts of the various named Defendants. The efforts to locate the Defendants included the following: a. Inspection and inquiry into past addresses and locations; b. Review of telephone records and publications for former phone numbers and(or addresses; c. Search of computer records and internet location devices; d. General search for relatives, heirs and/or assigns that may reside in the area and continue to posses an interest in the property at issue in this action. 3. After such inspection, I have been unable to locate the whereabouts of the named Defendants, except for Jonathan Keough, who has been served with the Complaint by Sheriff's service. 4. Defendant Lower Allen Township was also located and served with the Complaint by Sheriff's service. 5. It is my firm belief, after a reasonable and good faith investigation, that the Defendants and any other person or persons having or ever having had an interest in or claim to the real estate which is the subject of the above-entitled action, aside fi•om Defendant Jonathan Keough, are either unknown, deceased, or their present whereabouts are unknown and any of their heirs or assigns are unknown. 6. The allegations in the foregoing Affidavit are true and correct to the best of my personal knowledge, information and belief. i t~ C Carl C. Risch, Esquire Sworn to and subscribed before me this ~ ~ day of October, 2005. ~ ~~ otary Public COMMONWEACEN OP Pl:NNtiYLVANIA Notarial Seal Mary M. Price, Notary Public Carlisle 8oro, Cumberland County My Commission Expires Aug. 18, 2Q07 AAemher en~.,..v+~arv-. 4--moo at~n~ ~t Notaries CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent of Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Motion for Publication and Affidavit was served this date by depositing same in the Post Office at Cazlisle, PA, first class mail, postage prepaid, addressed as follows: Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Township of Lower Allen 1993 Hummel Avenue Camp Hill, PA 17011 MARTSON DEA]!2DORFF WILLIAMS & OTTO BY ~ ~ ~~~ M. Price East Hi€;h Street Carlisle, PA 17013 (717) 243 ..341 Date: October 17, 2005 C .l :-a r' ~_~ d T rr ~ ~ C-: rid _Cl __ n'rlJ .~ , I ~ . ~ 4 _ ~ N _ .. , ~j ~ cG_ ~. _. ~~ . K7 -{ f Carl C. Risch, Esquire Attorney I.D. Number 75901 Hillary A. Dean, Esquire Attorney I.D. Number 92878 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff ~ZECE~VEU p(;7 1 9 2005 BY: ALLEN M. ALLISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JONATHAN KEOUGH, individually, . JONATHAN KEOUGH, executor of the ESTATE of JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER,: WILLIAM B. BUCHER, CHRISTINE BUCHER, individually, CHRISTINE BUCHER, administratrix d.b.n.c.t.a. of the ESTATE OF JOHN C. BUCHER, administratrix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f!k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CABBIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors, successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT, Defendants NO. OS - 5253 CIVIL TERM ACTION TO QUIET TITLE ORDER AND NOW, this 2a` day of ~h,L..~ , 2005, upon consideration of the Plaintiff's Motion for Publication and the affidavit filed concurrently in support thereof, the Plaintiff is hereby granted t' ~ r t'~., l.' i ~ i k ~ ` leave to make service of the Complaint upon the various Defendants by publication in accordance with Pa.R.C.P. 430 and C.C.R.P. 1009-1, one (1) time in the Cumberland Law Journal and The Sentinel newspaper. D' tribution arl C. Risch, Esquire ~nathan Keough ~T%6wnship of Lower Allen BY THE COURT, ~C f ~ ALLEN M. ALLISON v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CNIL LAW NO. OS-5253 CNIL TERM JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE OF JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER, WILLIAM B. BUCHER, CHRISTINE BUCHER, individually, CHRISTINE BUCHER, administratrix d/b/n/c/t/a/ of the ESTATE OF JOHN C. BUCHER, administratorx d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA 5UZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CARRIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors, successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT, Defendants TO THE PROTHONOTARY: ACTION TO QUIET TITLE PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of Defendant, Lower Allen Township, with regard to the above-captioned matter. Respectfully submitted, METZGER WICKERSHAM KNAUSS & ERB, P.C. ice, BY: Steven P. Miner; squire Atty ID # 38901 3211 Nor[h Front Street P.O. Box 5300 Dated: ~ / ~'~ Harrisburg, PA 17110 717-238-8187 Attorney for Defendant Lower Allen TownsMp 340030-1 y ALLEN M. ALLISON v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, CIVIL LAW NO. OS-5253 CIVIL TERM JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE OF JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER, WILLIAM B. BUCHER, CHRISTINE BUCHER, individually, CHRISTINE BUCHER, administratrix d/b/n/c/Ua/ of the ESTATE OF JOHN C. BUCHER, administratoix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CARRIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors, successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT, Defendants ACTION TO QUIET TITLE CERTIFICATE OF SERVICE I, Steven P. Miner, Esquire, of the firm of Metzger, Wickersham, Knauss & Erb, counsel for the Defendant, Lower Allen Township, hereby certify that on the ~ day of November, 2005, I served a true and correct copy of a Praecipe to enter appearance upon co nsel by depositing the same in the U.S. Mail, postage prepaid, addressed as follows: Thomas G. Vernau, Interim Manager Lower Allen Township 1993 Hummel Avenue Camp Hill, PA 17011 Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Carl C. Risch, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 Steve .Miner, Esquire 340030-I ,' G, ~: =~-,; _,~. t,ti ~ ~~ ~. ~ ;, -~ ~ ,~ ~~> ,;~. -a "; r„ ~~ ~~ . ~.? y s~ i a~ ~ .~ ~fl .~ ' F:\FILES\DATAFILE\General\Current\I 1]48.Lpre rein Creased- 10/5/OS 11:04AM Revised- II/I II05 29PM Carl C. Risch, Esquire Attorney I.D. Number 75901 Hillary A. Dean, Esquire Attorney I.D. Number 92878 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff ALLEN M. ALLISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE of JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, : NO. OS - 5253 KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER,: WILLIAM B. BUCHER, CHRISTINE BUCHER, individually, CHRISTINE BUCHER, administratrix d.b.n.c.t.a. of the ESTATE OF JOHN C. BUCHER, administratrix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a CIVIL TERM PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CABBIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors, successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN ACTION TO QUIET TITLE THEIR OWN RIGHT, Defendants PRAECIPE To the Prothonotary: ~ -, Please reinstate the Complaint in the above captioned action. MARTSON DEARDORFF WILLIAMS & OTTO ,' 1 By l Carl C. Risch, Esquire Attorney l.D. No. 75901 Hillary A. Dean, Esquire Attorney I.D. No. 92878 10 East High Street Carlisle, PA 17013 (717)243-3341 Date: November 14, 2005 Attorneys for Plaintiff .- ; c r ~.. ~„ ~_ s . ~:_ .~ . ,,~: e: `~= , ~ _ ~ ;', , - u; , -. ._ .. ~.= F-@IL65/DATAPILEVGanen-CuncnlAI 1948. Lreply Crested: IWS/OS 11:04AM Revised: I I/ 14/05 1 O a I AM Carl C. Risch, Esquire Attorney LD. Number 75901 Hillary A. Dean, Esquire Attorney I.D. Number 92878 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff ALLEN M. ALLISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE of JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, : NO. 05 - 5253 KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER,: WILLIAM B. BUCHER, CHRISTINE . BUCHER, individually, CHRISTINE BUCHER, administratrix d.b.n.c.t.a. of the ESTATE OF JOHN C. BUCHER, administratrix d.b.n.c.t.a. of the ESTATE of : CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a CIVIL TERM PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CABBIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors, successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN ACTION TO QUIET TITLE THEIR OWN RIGHT, Defendants PLAINTIFF'S REPLY TO DEFENDANT LOWER ALLEN TOWNSHIP'S NEW MATTER 14. Plaintiff s Complaint is incorporated herein by reference. 15. After reasonable investigation, Plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment contained in this paragraph. WHEREFORE, Plaintiff requests that Defendant Lower Allen Township's New Matter be dismissed. MARTSON DEARDORFF WILLIAMS & OTTO By ' Carl C. Risch, Esquire Attorney I.D. No. 7590] Hillary A. Dean, Esquire Attorney I.D. No. 92878 10 East High Street Cazlisle, PA 17013 (717) 243-3341 Date: November 14, 2005 Attorneys for Plaintiff VERIFICATION Carl C. Risch, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS & OTTO, attorneys for Plaintiff Allen M. Allison in the within action, certifies that the statements made in the foregoing Reply to New Matter are true and correct to the best of his knowledge, information and belief, He understands that false statements herein aze made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to auth ' ie CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Reply to New Matter was served this date by depositing same in the Post Office at Cazlisle, PA, first class mail, postage prepaid, addressed as follows: Steven P. Miner, Esquire METZGER WICKERSHAM 3211 North Front Street Harrisburg, PA 17110-0300 MARTSON DEARDORFF WILLIAMS & OTTO By f ~~ ~ ~ M. Price Te ast High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 14, 2005 - r ? ( ; - C7 - ~~ _ 5 ~ _. ..,,. --i _,- ~. _ t_ . _ _- ,. ~... ~ -. l"_J .. ^1 M1; °.a , -.i n~ is i ~` CJ~ ~'` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLEN M. ALLISON Plaintiff, CNII. LAW NO. OS-5253 v. CNIL TERM JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE OF JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLBVE BUCHER, WILLIAM B. BUCHER, CHRISTINE BUCHER, individually, CHRISTINE BUCHER, administratorx d/binfc(t/a1 of ACTION TO QUIET TITLE the ESTATE OF JOHN C. BUCHER, administratoix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/Ida PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CARRIE ; LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors, successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT, Defendants ANSWER AND NEW MATTER Defendant, Lower Allen Township (hereinafter referred to as the "Township"), by and through its attorneys, Metzger, Wickersham, Knauss & Erb, P.C., files this Answer and New Matter and states as follows: After reasonable investigation, the Township is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 1. 2. After reasonable investigation, the Township is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 2. 340G29-I Admitted. By way of further response, the Township is organized under the First-Class Township Code. 4. After reasonable investigation, the Township is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 4. After reasonable investigation, the Township is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 5. 6. After reasonable investigation, the Township is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 6. The averment in Paragraph 7 refers to a writing which speaks for itself, accordingly no response is required. After reasonable investigation, the Township is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 8. By way of further response, the averment in Paragraph 8 refers to a writing which speaks for itself, accordingly no response is required. After reasonable investigation, the Township is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 9. 10. The averment in Paragraph 10 references a Pennsylvania statute which is a writing that speaks for itself; accordingly no response is required. 11. The averment in Paragraph 11 is a legal conclusion to which no response is required. To the extent that a response is required, the averments in Paragraph 11 are denied. 12. After reasonable investigation, the Township is without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 12. 340629-1 13. The averments in Paragraph 13 are legal conclusions to which no response is required. To the extent that a response is required, the averments of Paragraph 13 are denied. WHEREFORE, the Township respectfully requests that Plaintiff s Complaint be dismissed in its entirety with prejudice. NEW MATTER 14. The Township incorporates by reference the answers to Paragraphs I through 13, as if fully set forth herein. 15. The Township avers upon information and belief that the Sherman Road lot, which is the subject of the quiet title action, may be subject to various easements for public utilities and the private access of other property owners in the subdivision known as Linden Gardens. WHEREFORE, the Township requests this Honorable Court to enter judgment in its favor and against Plaintiff. Respectfully submitted, METZGER WICKERSHAM KNAUSS & ERB, P,C. BY: SteJen .Miner, Esquire Attomey LD. No. 38901 Mark Clouser, Esquire Attomey LD. No. 88075 3211 North Front Street Dated: ~ ~I ~ L P.O. Box 5300 Harrisburg,PA ]7110 717-238-8187 Attomey for Defendant Lower Allen Township 340629-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLEN M. ALLISON Plaintiff, CIVIL LAW NO.OS-5253 v. CNIL TERM JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE OF JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER, WILLIAM B. BUCHER, CHRISTINE BUCHER, individually, CHRISTINE BUCHER, administratorx d/b/n/c/t/a/ of ACTION TO QUIET TITLE the ESTATE OF JOHN C. BUCHER, administratrix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/Wa PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CABBIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors, successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT, Defendants VERIFICATION I, Thomas G. Vemau, an authorized representative of Lower Allen Township, do hereby verify that the facts set forth in the foregoing Answer are true and correct to the best of my personal larowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 PaC.S. §4904, relating to unswom falsification to authorities. Thomas G. Vernau terim Manager Lower Allen Township 1993 Hummel Avenue Camp Hill, PA 17011 Date: November ~ 2005 340629-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLEN M. ALLISON Plaintiff, CNIL LAW NO.OS-5253 v. CNIL TERM JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE OF JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER, WILLIAM B. BUCHER, CHRISTINE BUCHER, individually, CHRISTINE BUCHER, administratrix dJb/n!clt/a! of ACTION TO QUIET TITLE the ESTATE OF JOHN C. BUCHER, administratrix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CABBIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, adminisffators, executors, successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT, Defendants CERTIFICATE OF SERVICE I, Steven P. Miner, Esquire, of the firm of Metzger, Wickersham, Knauss & Erb, counsel for the Defendant, Lower Allen Township, hereby certify that on the ! v day of November, 2005, I served a true and correct copy of the foregoing Answer to enter appearance upon counsel by depositing the same in the U.S. Mail, postage prepaid, addressed as follows: Carl C. Risch, Esquire Manson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 n .._ Steve P. Miner, Esquire 340629-1 C~' c Ci C:' o cn 'i7 .~ ~.. .r., (:~' U'7 ,~. -" ' -(n ~. `_:j 4,0 C.:: AFFIDAVIT AND STATEMENT OF FACTS The following is submitted to the Court of Common Pleas of Cumberland County, Pennsylvania in regards to an Action to Quiet Title, No 05 -5253, Civil Term. 1. In approximately November or December of 2001, Mr. Allen M. Allison contacted us, the undersigned, and told us that he thought we had an interest in the property located in Lower AI1en Township. 2. We met with Mr. Allison at Christine Bucher's home on Valley Road in Marysville and agreed to convey by Quit-Claim Deed any interest, if any existed, in the property he presented to us. [This being the same Christine Bucher whose address and telephone number are among those fisted as "individuals whose present whereabouts are unknown]. 3. We never exercised any dominion or control of said property and did not know of its existence before Mr. Allison contacted us and brought it to our attention. Further, there was no indication given to us from the original named Grantees in the Deed which Mr. Alison showed to us that they had exercised dominion or control of said properly for many years. [At Least 25 years and likely far longer]. Neither Mr. J. C. Bucher nor Mr. John E. Keough ever mentioned to us their ownership, claimed ownership, or any other discussion regarding this property. [The undersigned respectively over the years had extensive discussions with the original named Grantees (Bucher with Bucher and Keough with Keough) regarding their interests and holdings and never was any mention made of this property to the best of the undersigned's recollection. Thus, the undersigned's assertion that these named Grantees in the original deed had not exercised any dominion or control over the property for at least "many years"]. 4. Since 2001, we have had no wntact with Mr. Allison. Mr. Allison's attorney never contacted us in advance of commencing the Action to Quiet Title. Had we been contacted we would have been more than willing to submit this information to the court with the initial action allowing for a more expedited and accurate action. 5. in October of this year while the Keough's were out of the country several Dauphin County Sheriffs Office notices were left [175a T 2005], in addition, Mr. Carl C. Risch, Esquire, Attorney for Mr. Allison, sent information about the Action to Quiet Title first to Jonathan Keough and then to Christine Bucher. Subsequent to initial contact there t+as been no further contact with Mr. Risch. Subsequently, Jonathan Keough was again out of the country resulting in the time passing until this current document court be sent. 6. This property is described by the Quit-Claim Deed made the 18th of December 2001. It is described in the Deed as follows: ALL THAT CERTA/N tract or parcel of land situate in Lower Allen Township County ofCumberlancf, and Commonwealth oJPennsylvania, more particularly described as follows: BEGINNLNC At a point on the westerly side of Park Place at the dividing Line between dots Nos. 1 and 2, Section "D ", on the plan of lots referred to hereinafter; thence along said western tine in a northerly direction, North OS degree 00 minutes West, a distance of 59.29 fee[ to the Place o}" BEG/NNlNU; thence along a curve to [he !e}i having a radius of20feet, an arc length of 30.52 feet to a point along [ands now or formerly of Charles Sampson; thence atong,raid lands North &9 degrees 43 minutes Wert, a distance of 96.OS.feet to a point at line of lands now or formerly of Edward Q. Allison, Sr.; thence by said last mentioned lands, North 02 degrees 17 minutes West a distance of 50.05 feet !o a point at line of [ands now or formerly of Royer's Flowers; thence by said last mentioned lands, South H9 degrees 43 minutes East, a distance of 1l5.17feet to a point nn the northerly side of Sherman Road; thence along the westerly dine of said road, South 02 degrees 19 minutes East, a distance of 69.17 fee[ to the place of BECINN7NG. Being shown on the western end of a proposed Sherman Road, such parcel never developed and such seciian of road never being constructed and/or accepted as such, and being adjucem to Lot# 1, Section "D ", on the plan of Linden Gardens, which said plan is dated October 8, l.954, and recorded in the ©~ce of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 6, Page 40. (49J 7. The above information is true and correct to the best of our personal knowledge, information and and belief. na as --: Keo C~f.JCQR~rt~ - ~ L~JU~ athleen B. Keo gh S`-~n -~.,.-~ Christine Bucher VERIFICATION Jonathan E. Keough, of 306 Hunter Path Road, Hummelstown, Pennsylvania, certifies that the statements made in the foregoing Affidavit and Statement of Facts are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authority. 306 Hunter Path Road Hummelstown, PA 17036 Kathleen B. Keough, of 306 Hunter Path Road, Hummelstown, Pennsylvania, certifies that the statements made in the foregoing Affidavit and Statement of Facts are true and correct to the best of her knowledge, information and belief. She understands that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authority. ~ ~ ~ ~3.~c athleen B. Keough Attorney If>fk 55421 306 Hunter Path Road Hummelstown, PA 17036 Christine Bucher, of 3065 Valley Road, Marysville, Pennsylvania, certifies that the statements made in the foregoing Affidavit and Statement of Facts are true and correct to the best of her knowledge, information and belief. She understands that false statements herein are made subject to the penalties of 1 B Pa. C. S. Section 4904 relating to unswom falsification to authority. c~~.tno ~.,.~~.w. Christine Bucher Pro Se 3065 Valley Road Marysville, PA 17053 ' r, . ; - , ..., ~.,~ ` ' - ~ ^J - CJ h ~ "i. 1 ~~ LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 ELI7.ABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, Plaintiff, v. JONATHAN I{EOUGH, et al, Defendants. Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COl[JNTY, PENNSYLVANIA NO.OS-5253 CIVIL ACTION - LA.W ACTION TO QUIET TITLE DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTII=F'S COMPLAINT PROCEDURAL HISTORY 1. On October 6, 2005, Plaintiff, Allen M. Allison, by and throiugh his attorney, Carl C. Risch, filed an Action to Quiet Title on a parcel of land, described as the Sherman Road lot, situate in Lower Allen Township, Cumberland County, Pennsylvania. 2. On November 10, 2005, Defendant, Lower Allen Township, by and through their attorney, Steven P. Miner, filed an Answer and New Matter to the Complaint to Quiet Title. Defendants, Michael and Sue Beers, by their undersigned counsel, preliminarily objects to plaintiffs complaint pursuant to Pa.R.C;.P. 1028(a)(5) as follows: PRELIMINARY OBJECTION FOR NONJOINDER OF A NECESSARY PARTY 1. Plaintiffs Action to Quiet Title concerns a parcel of land with the following legal description: ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, County of Cumberland, .and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING, at a point on the westerly side of F'ark Place at the dividing line between lots Nos. 1 and 2, Section "D", on the plan of lots referred to hereinafter; thence along said western line in a northerly din:ction, North 05 degrees 00 minutes West, a distance of 59.29 feet to the Place of BEGINNING; thence along <a curve to the left having a radius of 20 feet, an arc length of 30.52 feet to a point along lands now or formerly of CFiarles Sampson; thence along said lands North 89 declrees 43 minutes West, a distance of 96.05 feet to a point at line of lands now or formerly of Edward Q. Allison, Sr.; thence by said last mentioned lands, North 02 degrees 17 minutes West, a distance of 50.05 feet to a point at line of lands now or formerly of Royer's Flowers; thence by said last mentioned lands, South 89 degrees 43 minutes East, a distance of 115.17 feet to a point on the northerly side of Sherman Road; thence along the westerly line of said road, South 02 degrees 17 minutes East, a distaance of 69.17 feet to a Place of Beginning. Being shown on the western end of a proposed Sherman Road, such parcel never developed and such sE:ction of road never being constructed and/or accepted ais such, and being adjacent to Lot #1, Section "D", on the plan of Linden Gardens, which said plan is dated Octot~er 8, 1954, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 6, Page 49. 2. Plaintiff, in his Complaint, avers no knowledge or information regarding the whereabouts of persons having or claiming any right, title, estate, lien, or interest through or under the named Defendants or in their own right in the above mentioned parcel of land. See Complaint paragraph 4. 3. Michael and Sue Beers own property adjacent to the tract of land subject to this quiet title action. 4. Plaintiff was aware that Michael and Sue Beers were utilizing the tract of land subject of this quiet title action as a means of ingress/egress to their property. 5. Pursuant to Pa.R.C.P. 2227(a), the joinder of Michael and Sue Beers in this action was compulsory. 6. No reason appears in the complaint for the omission off Michael and Sue Beers as a party to this action. 7. Michael and Sue Beers are accordingly a necessary and indispensable party to this action and their absence requires that the complaint be dismissed. WHEREFORE, defendant respecttully requests that their preliminary objection be sustained and plaintiffs complaint be dismissed or leave be granted to amend. Respectfully submitted, LAW OFFICE OF PETER J. RUSSO, P.C. Attorneys for Defendlant ~ ~- Peter J. Rus squire Attorney I.D. No. 72E397 Scott A Stein, Esquire Attorney LD. No. 81738 Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 3800 Market Street Camp Hill, PA 170111 717-591-1755 DATE: 12-20-05 LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 3800 Mazket Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, Plaintiff, v. JONATHAN KEOUGH, et al, Defendants. Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COI7NTY, PENNSYLVANIA NO.OS-5253 CIVIL ACTION -LAW ACTION TO QUIET TITLE VERIFICATION I, Elizabeth J. Saylor, Esquire, verify that the statements made in the foregoing document aze hue and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. ~> _. Date: ~~ ~U -CjJ = " "~`-~~ ~ ~ ~? Elizabeth J. S lor, s ' LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 3800 Market Street Counsel for Defendant Camp Hill, PA 17011 (717)591-1755 ALLEN M. ALLISON, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COl[JNTY, PENNSYLVANIA v. NO.OS-5253 CIVIL ACTION -LAW JONATHAN KEOUGH, et al, Defendants. ACTION TO QUIET TITLE CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT upon the following person, in the manner indicated: FIRST CLASS MAIL Carl C. Risch, Esquire Manson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 LAW OFFICE OF PETER J. RUSSO, P.C. Attorneys for Defendant BY: ~L2 ~~/ ,... Eliz both J. squire Attorney I.D. No. 200139 DATE: 12-20-05 n~ (`7 ~ O -n C7 ' T_ -n 4. l ~ ~-7 ~n r-. N ~t ~ i -:i i ' t . i C) ~_ ~ ~ tt i.~ __ ~y'„f PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLEN M. ALLISON, Plaintiff v. JONATHAN KEOUGH, et al, Defendant JURY TRIAL DEMANDED No.OS"-S~S3, 2005 Term State matter to be argued (i.e., plaintiff s motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Preliminary Objections to Plaintiff's Complaint 2. Identify counsel who will argue cases: (a) for plaintiff: Carl C. Risch, Esquire, l0 East High Street,Cazlisle, PA 17013 (b) for defendant: Elizabeth J. Saylor, Esquire, 3800 Market St. Camp Hill, PA. I will notify all parties in writing within two days that this case has been listed for azgument. 4. Argument Court Date: Eliz Beth J. fi~}Slor, Es uire Law Offices of Peter J. Russo 3800 Mazket Street Camp Hill, PA 17011 Attorney for Defendant Date: /~-,Jo -01- r•o C i ca {7 C- c':a _,a 'sZ -i ['~ N -; i ~C"ri ~ ~ '7-} ~ :' ~.. ~ ~ tqs ~~ ft9 ^< _ td-+ LAW OFFICES OF PETER J. RUSSO, P.C. 3800 Mazket Street Camp Rill, PA 17011 (717)591-1755 Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~a53 ALLEN M. ALLISON CIVIL LAW NO.OS-523' Plaintiff, CIVIL TERM v. JONATHAN KEOUGH, individually, 30NATHAN KEOUGH, executor of the ESTATE of JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, KATHLEEN B. KEOUGH, J.C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER, WILLIAM B. BUCHER, CHRISTINE BUCHER, Administratrix d.b.n.c.t.a. of the ESTATE of JOHN C. BUCHER, Administratrix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of The ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CABBIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their Heirs, devisees, administrators, executors Successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT, Defendants. ACTION TO QUIET TITLE PRAECIPE TO WITHDRAW DEFENDANT'S PRELIMINARY OBJECTIONS AND LISTING FOR ARGUMENT COURT Kindly withdraw Defendant's Preliminazy Objections in the above referenced matter. 2. Kindly withdraw Defendant's Praecipe to List the above referenced matter for Argument Court. Counsel for Plaintiff, Carl Risch, Esquire, has been contacted and concurs with this request. ~/~`.~ ~ Law Offilces of e r J. Rus , P.C. 3800 Market Street Camp Hill, PA 17011 Peter J. Russo, Esquire LD. No. 72897 Scott A. Stein, Esquire I.D. No. 81738 Elizabeth J. Saylor, Esquire I.D. No. 200139 Date: /~"ay' OJ~ PETER J. RUSSO, ESQUIRE Attorney for Defendant 5010 East Trindle Road, Suite 200 Mechanicsburg, PA 17050 (717)591-1755 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLEN M. ALLISON Plaintiff, C] VIL LAW NO. OS-5223 C1VIL TERM v. JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE of JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, KATHLEEN B. KEOUGH, J.C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER, WILLIAM B. BUCHER, CHRISTINE BUCHER, Administratrix d.b.n.c.t.a. of the ESTATE of JOHN C. BUCHER, Administratrix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of The ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CABBIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their Heirs, devisees, administrators, executors Successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT, Defendants. ACTION TO QUIET TITLE CERTIFICATE OF SERVICE I, Sharon A. Orr, hereby certify that I am on this day serving a copy of the PRAECIPE TO WITHDRAW DEFENDANT'S PRELIPyIINARY OBJECTIONS AND LISTING FOR ARGUMENT COURT upon the person (s) and in the manner indicated below, service byFirst-Class Mail, Postage Prepaid, and Addressed as Follows: Carl C. Risch, Esquire MARTSON DEARDORFF WILLIAMS ~& OTTO Ten East High Street Carlisle, PA 17013 y~~i ~:---"_ _ Sh:azon A. Orr Date: ~~; zv~o-,` --, C? n.~ - co r ..~i "tl r,~ - ~: l o ~ ' , , _.., ' ~ i .. `trri ,_i -~ ~ :a .~ LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, Plaintiff, v. Counsel for Defendants tN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.05-5253 . CIVIL ACTION -LAW JONATHAN KEOUGH, et al., Defendants. ACTION TO QUIET TITLE PETITION FOR INTERVENTION AND NOW COMES Michael E. and Marianne S. Beers (hereinafter the "Beers"), by their undersigned attorneys, respectfully petition this Court for leave to intervene as a party defendant in the above-captioned action pursuant to Pa.R.C.P. 2327(4), for the following reasons: 1. Plaintiff, Allen M. Allison, brought the above-captioned action against Jonathan Keough et al., seeking to obtain a decree that he is the sole owner of the parcel of land described as the Sherman Road lot. 2. In Paragraph 4 of his Complaint, Plaintiff avers no knowledge or information regarding the whereabouts of persons having or claiming any right, title, estate, lien, or interest through or under the named Defendants or in their own right in the above mentioned parcel of land subject of this Quiet Title Action. 3. The Beers own legal title to three (3} parcels of land (13-23-0551-118; 13-23- 0551-117A; 13-23-0551-143} neighboring the Sherman Road lot, and more fully described in a Deed recorded June 10, 2002, in Book 252 Page 525. 4. The Sherman Road lot is recorded as a boundary line to parcel 13-23-0551-143. 5. All parcels in the aforementioned deed reference the Subdivision Plan of Ada Snyder recorded in the Cumberland County Recorder's Office in Plan Book 24, Page 122. 6. The Sherman Road lot is subject to a utilities easement which would provide the Beers with access to the municipality's sanitary sewer lines. 7. The Sherman Road lot has been used by the Beers and previous owners as the only means of ingress and egress to lot 13-23-0551-143. 8. Plaintiff has had previous negotiations with the Beers for the sale of the Sherman Road lot. 9. The Beers, through their counsel, informed Plaintiff, through his previous attorney, of their easement interest concerning the Sherman Road lot, and requested to be put on notice of and stated their intentions to join any Quiet Title Action concerning the Sherman Road lot. 10. Plaintiff filed a Quiet Title Action on October 6, 2005. 11. The Beers were not given notice by the Plaintiff. 12. The Beers have a legally enforceable easement right to utilize the land subject of this Quiet Title Action. 13. If permitted to intervene, the Beers will file the Answer and New Matter attached hereto. 14, The Beers have not delayed unduly in filing its Petition for Intervention, inasmuch as the Beers were not named Defendants in the above action and no formal notice LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, Plaintiff, v. JONATHAN KEOUGH, et al., Defendants. Counsel for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.05-5253 CIVIL ACTION -LAW ACTION TO QUIET TITLE VERIFICATION I, %~~ ~ ,;,,=< t ''" M„~ ~a,~ ~s - s ,verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: /-/G off:. '~~~(`(,tQ.~t ~ 1J~~.~~:~ Print Dated: ~' fG _ ~' ~= N- Signature r` -- "~ClrlC~nnF~~ ~ ~i ~~~i 5 -_ 4/ c C lt4li:1{ . l l l 1"w.i i~l' J} r i, i 1 Signature LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, Plaintiff, . v. Counsel for Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.05-5253 CIVIL ACTION -LAW JONATHAN KEOUGH, et al., Defendants. ACTION TO QUIET TITLE CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of PETITION FOR INTERVENTION upon the following person, in the manner indicated: FIRST CLASS MAIL Carl C. Risch, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 Steve Miner, Esquire METZGER WICKERSHAM 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 KNAUSS & ERB, P.C. LAW OFFICE OF PETER J. RUSSO, P.C. Attorneys for Defendants Date: % - ~~ -` Elizab h J. S or, Esquire Law Offices of Peter J. Russo, P.C. By: Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 3800 Market Street Camp Hill, PA 17013 (717)591-1755 (717) 591-1756 Facsimile Isaylor@pjrlaw.com Attorneys for Michael and Marianne Beers. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLEN M. ALLISON CIVIL LAW NO. 05-5253 Plaintiff, CIVIL TERM v. JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE of JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, KATHLEEN B. KEOUGH, J.C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER, WILLIAM B. BUCHER, CHRISTINE BUCHER, Administratrix d.b.n.c.t.a. of the ESTATE of JOHN C. BUCHER, Administratrix d.b.n.c.t.a, of the ESTATE of CAROLINE BUCHER, and executrix of The ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CARRIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their Heirs, devisees, administrators, executors Successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT, Defendants. ACTION TO QUIET TITLE TRIAL BY JURY DEMANDED NOTICE TO PLEAD TO: MARTSON DEADRORFF WILLIAMS & OTTO Attn: CARL C. RISCH, Esquire Counsel for ALLEN M. ALLISON You are hereby notified to file a written response to the enclosed Defendants' Answer and New Matter within twenty (20) days from service hereof or a judgment may be entered against you. -~ LAW OFFI OF PETER J. 50, P.C. Attorneys for Plaintiff Peter J. Russo, Esquire ID No. 72897 Scott A. Stein, Esquire ID No. 81738 Elizabeth J. Saylor, Esquire ID No. 200139 Law Offices of Peter J. Russo, P.C. By: Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 3800 Market Street Camp Hill, PA 17013 (717)591-1755 (717) 591-1756 Facsimile Isaylor@pjrlaw.com Attorneys for Michael and Marianne Beers. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLEN M, ALLISON Plaintiff, CIVIL LAW NO. 05-5253 CIVIL TERM v. JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE of JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, KATHLEEN B. KEOUGH, J.C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER, WILLIAM B. BUCHER, CHRISTINE BUCHER, Administratrix d.b.n.c.t.a. of the ESTATE of JOHN C. BUCHER, Administratrix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of The ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k(a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CARRIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their Heirs, devisees, administrators, executors Successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT, Defendants. ACTION TO QUIET TITLE TRIAL BY JURY DEMANDED DEFENDANTS' ANSWER AND NEW MATTER Defendants, Michael E. and Marianne S. Beers (hereinafter the "Beers"), by their attorney the Law Offices of Peter J. Russo, P.C., for Defendants' Answer and New Matter states: 1. Denied. After reasonable investigation, the Beers are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 1. 2. Denied. After reasonable investigation, the Beers are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 2. 3. Admitted. 4. Denied in part and admitted in part. The Beers, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth or falsity as whether the named Defendants and their heirs, devisees, administrators, executors, successors and assigns' whereabouts are unknown. The Beers deny that the Plaintiff has no knowledge or information as to the whereabouts of any other unknown persons having or claiming any right, title, estate, lien, or interest in their own right. 5. Denied. After reasonable investigation, the Beers are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 5. 6. Denied. After reasonable investigation, the Beers are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 6. 7. Denied. The averment in Paragraph 7 refers to a writing which speaks for itself, accordingly no response is required. 8. Denied. After reasonable investigation, the Beers are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 8. Byway of further response, the averment in Paragraph 8 refers to a writing which speaks for itself, accordingly no response is required. 9. Denied. After reasonable investigation, the Beers are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 9. 10. Denied. The averment in Paragraph 10 references a Pennsylvania Statue which is a writing that speaks for itself, accordingly no response is required. 11. Denied. The averment in Paragraph 11 is a legal conclusion to which no response is required. To the extent that a response is required, the averments in Paragraph 11 are denied. 12. Denied. After reasonable investigation, the Beers are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 12. 13. Denied. The averments in Paragraph 13 are legal conclusions to which no response is required. To the extent that a response is required, the averments of Paragraph 13 are denied. Defendants deny all other allegations set forth in Plaintiffs Complaint that are not specifically admitted. WHEREFORE, the Beers respectfully request that Plaintiff's Complaint be dismissed in its entirety with prejudice. NEW MATTER 14. The Beers incorporate by reference the answers to Paragraphs 1-13, as if fully set forth herein. 15. The Beers own legal title to three (3) parcels of land (Tax Parcel Nos. 13- 23-0551-118; 13-23-0551-117A; 13-23-0551-143) neighboring the Sherman Road lot, and more fully described in a deed recorded June 10, 2002, in the Cumberland County Recorder's Office, to Record Book 252 Page 525. 16. The Sherman Road lot directly abuts parcel 13-23-0551-143. 17. All parcels in the aforementioned deed reference the Subdivision Plan of Ada Snyder recorded in the Cumberland County Recorder's Office in Plan Book 24, Page 122. COUNT I -EASEMENT BY IMPLICATION 18. The Beers incorporate by reference the answers to Paragraphs 1-17, as if fully set forth herein. 19. Defendants purchased property according to a plan of lots in which the Sherman Road lot is plotted as a road providing a way of ingress and egress to Defendants' property. 20. The Beers aver upon information and belief that the Sherman Road lot, which is the subject of the quiet title action, is subject to an easement by implication. WHEREFORE, the Beers request that this Court: (a) enjoin plaintiff from interfering with or obstructing defendants' easement or right of way over the Sherman Road lot; and/or (b) grant such other relief as the Court may deem appropriate and just. COUNT II -- EASEMENT BY NECESSITY 21. The Beers incorporate by reference the answers to Paragraphs 1-20, as if fully set forth herein. 22. Defendants have enjoyed a free and uninterrupted easement or right of way over the land subject of this quiet title action for ingress, egress, and regress to enter their landlocked parcel 13-23-0551-143. 23. The Beers aver upon information and belief that the Sherman Road lot, which is the subject of the quiet title action, is subject to an easement by necessity. WHEREFORE, the Beers request that this Court: (a) enjoin plaintiff from interfering with or obstructing defendants' easement or right of way over the Sherman Road lot; and/or (b) grant such other relief as the Court may deem appropriate and just. COUNT 111-EASEMENT BY PRESCRIPTION 24. The Beers incorporate by reference the answers to Paragraphs 1-23, as if fully set forth herein. 25. The defendants' and successive owners' use of the land subject to this quiet title action was open, visible, notorious, uninterrupted, and adverse for a period of overtwenty-one (2f) years, and defendants have thereby acquired a prescriptive easement or right of way over plaintiff's land. 26. The Beers aver upon information and belief that the Sherman Road lot, which is the subject of the quiet title action, is subject to an easement by prescription. WHEREFORE, the Beers request that this Court: (a) enjoin plaintiff from intertering with or obstructing defendant's easement or right of way over the Sherman Road lot; and(or (c) grant such other relief as the Court may deem appropriate and just. COUNT IV -UTILITIES EASEMENT 27. The Beers incorporate by reference the answers to Paragraphs 1-26, as if fully set forth herein. 28. The Beers aver upon information and belief that the Sherman Road lot is subject to public utilities easements which would provide the Beers w/ access to the municipality's sewer lines. WHEREFORE, the Beers request that this Court: (a) enjoin plaintiff from intertering with or obstructing defendant's easement or right of way over the Sherman Road lot; andlor (d) grant such other relief as the Court may deem appropriate and just. Respectfully submitted, ~~'~~ > LAW OF G S PETER J. RU , P.C. Attorney f Plaintiff Peter J. Russo, Esquire ID No. 72897 Scott A. Stein, Esquire ID No. 81738 Elizabeth J. Saylor, Esquire ID No. 200139 VERIFICATION I, n'1.~i~..tl ~. Y~Yr r verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Dated: /- /~ y ~ Dated: (-/r~ ~ ~` ~_, -~,~C~l4,~Et_ ~..~~(,kt~S Print Signature ~~l~iNt'i`~~ ]1~R lFES c/~ / Prin \ C- Sig ature CER7IFICAfE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the Defendants' Answer and New Matter, upon the following person(s), in the manner indicated: U.S. Mail Carl C. Risch, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Attorneys for Plaintiff Steven P. Miner, Esquire METZGER WICKERSHAM KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 LAW OFFICE OF PETER J. RUSSO, P.C. Attorneys for Defendants -~!' BY: Eliza eth . S ylor, Esquir Attorney I. o. 200139 DATE: / l~ _ ~ (P SHERIFF'S RETURN - OUT OF COUNTY CASE N0: 2005-05253 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLISON ALLEN M VS KEOUGH JONATHAN ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT KEOUGH JONATHAN but was unable to locate Him in his bailiwick He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT -QUIET TITLE On December 19th 2005 this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 6.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 37.25 Postage .37 62.62 12/19/2005 MDW&0 Sworn and subscribed to before me this ~,~,~ day of~_ ~~ vc6 D . Pro not y So answer ~-"'" _-SS'~~ R. Thomas Kline~- Sheriff of Cumber to wit: County SHERIFF'S RETURN - REGULAR CASE NO: 2005-05253 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ALLISON ALLEN M VS KEOUGH JONATHAN ET AL SHANNON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT -QUIET TITLE was served upon TOWNSHIP OF LOWER ALLEN the DEFENDANT at 1430:00 HOURS, on the 25th day of October 2005 at 1993 HUMMEL AVENUE CAMP HILL. PA 17 by handing to TOM VERNAN, MANAGER a true and attested copy of COMPLATNT -QUIET TITLE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.44 Postage .37 Surcharge 10.00 Sworn and Subscribed to before So Answers R. Thomas Kline 12/19/2005 MD W &0 ; y~/% By: C ~I' '~ tom- l/~ ~ Deputy Shdriff me this 3n.cC. day of In '~'~~ C®~~~ ®~' C€>,~~n ~~~as ~~ ~~~a~~~~~~~ C~~i~~y, P~~ffisylva~i~ Allen M. Allison V5. Jonathan Keough OS-5253 civil No. Now, October ~, 2005 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of _ Dauphin _ County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumherland County, PA Aff ~avat ®f Se;z-viee Now, within upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of County, PA COSTS Sworn and subscribed before SERVICE $ me this day of , 20 MILEAGE AFFIDAVIT 20^, at o'clock M. served the ~~~ice ~f ~ t~5~err{f Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717)780-6590 fax: (717)255-2889 Jack Lotwick Sheriff County of Dauphin Sheriff's Return Commonwealth of Pennsylvania ALLISON ALLEN M vs KEOUGH JONATHAN No. 1754-T - - -2005 OTHER COUNTY NO. OS-5253 Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy AND NOW:December 13, 2005 at 4:40PM served the within REINSTATED ACTION TO QUIET TITLE upon KEOUGH JONATHAN by personally handing to BILL BAUM, BROTHER IN LAW 1 true attested copy(ies) of the original REINSTATED ACTION TO QUIET TITLE and making known to him/her the contents thereof at 306 HUNTER PATH ROAD HUMMELSTOWN, PA 17036-0000 Sworn and subscribed to before me this 14TH day of DECEMBER, 2005 So Answers, ~"~°~~~ Sheriff of Dauphin County, Pa. QGs/ NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept. ], 2006 [ ^ C+L f 5 ~ ~t BY '~./ y ~ .. .... E.. P.,.. Deputy Sheriff Sheriff's Costs:$37.25 PD 10/11/2005 RCPT NO 211261 MK t ALLEN M. ALLISON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW NO.OS-5253 CIVIL JONATHAN KEOUGH, et al., Defendants ACTION TO QUIET TITLE IN RE: MOTION TO INTERVENE ORDER AND NOW, this Z o " day of January, 2006, a rule is issued on the parties to show cause why the relief requested in the within motion to intervene ought not to be granted. This rule returnable fifteen (15) days after service. BY THE COURT, '~` ' a,a~ ~~ ~ LAW OFFICES OF PETER J. RUSSO, P.C. ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 05-5253 CIVIL ACTION -LAW JONATHAN KEOUGH, et al, Defendants. ACTION TO QUIET TITLE MOTION TO MAKE RULE ABSOLUTE AND NOW, comes The Law Offices of Peter J. Russo, P.C., and sets forth the following: 1. On the 20TH day of January, 2006, the Honorable Kevin A. Hess issued a Rule upon the parties to show cause why Michael E. and Marianne S. Beers should not be permitted to intervene as Defendants in the above action. That Rule was returnable fifteen (15) days after service. 2. Over forty-five (45) days have elapsed since issuance of the Rule. 3. No party has filed a response. WHEREFORE, Michael E. and Marianne S. Beers, by and through their counsel, request this Court make the Rule Absolute and Order that Michael E, and Marianne S. Beers are hereby named party defendants in the above action. Respectfully submitted, Law Offices of Peter J. Russo, P.C. Date: 3 -~-2"1 "1~~, By: ~ ~'~^--vr~~ Elizabeth J. Say squire Attorney ID No. 200139 3800 Market Street Camp Hill, PA 17011 LAW OFFICES OF PETER J. RUSSO, P.C. ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5253 CIVIL ACTION -LAW JONATHAN KEOUGH, et al., Defendants. ACTION TO QUIET TITLE VERIFICATION I, E:L ~ 7~i3~~/ ~T - S A YLc~i't verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: 3- ~ a- d 6 L~~6 ------_ Elizabeth J. aylor LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JONATHAN KEOUGH, et al., Defendants. NO. 05-5253 CIVIL ACTION -LAW ACTION TO QUIET TITLE CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the foregoing documents upon the following persons, in the manner indicated: FIRST CLASS MAIL Steve Miner, Esquire Metzger Wickersham Knauss & Erb, P.C. METZGER WICKERSHAM KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Kathleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 Christine Bucher 3055 Valley Road Marysville, PA 17063 Carl C. Risch, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 LAW OFFICE OF PETER J. RUSSO, P.C. BY:~ Date: 3 - ~ ~ - o (~ -~, _--, (, -~, is T T pt~--= __. <,~ ,-7 ~,.~ 1 i'"t~ Gr3 `. a .-.' ~~ _. Cil LAW OFFICES OF PETER J. RUSSO, P.C. ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, Plaintiff, v. JONATHAN KEOUGH, et al, Defendants. RECEIVED MAR 2 ~ 2006 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5253 CIVIL ACTION -LAW ACTION TO QUIET TITLE ORDER AND NOW, to wit, this L~ day of March, 2006, upon consideration of the within Motion, the Motion to Make Absolute is granted, and Michael E. and Marianne S. Beers are hereby named party defendants in the above action. Distribution List: lizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 -\ eve Miner, Esquire `~ Metzger Wickersham Knauss & Erb, P.C.. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 n BY THE COURT, L ~~°~--~- J. 0.~ ~~ „~;~- ~ ~~ ~~ V ~. IIO:~':!'.i' ~v?G'El:iiiiZ .~2 ~ :.~~.P. ~U .r, ~~ Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 .Kathleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 Christine Bucher 3055 Valley Road Marysville, PA 17063 Carl C. Risch, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 ALLEN M. ALLISON, Plaintiff, PENNSYLVANIA v. JONATHAN KEOUGH, et al, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, NO.OS-5253 CIVIL ACTION -LAW ACTION TO QUIET TITLE PRAECIPE TO AMMEND CAPTION We are requesting to add Defendants Michael E. and Marianne S. Beers into the caption of the above matter due to the attached Order. ~=%~ Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 Peter J. Russo, Esquire I.D. No. 72897 Scott A. Stein, Esquire I.D. No. 81738 Elizabeth J. Saylor, Esquire I.D. No. 200139 Date: 3 "~7G _ ~ i _ -~. LAW OFFICES OF PETER J. RUSSO, P.C. ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, Plaintiff, v. JONATHAN KEOUGH, et al, Defendants. i~4s~ ~ ~ ;~-~~~ ~ _ u .~_~. 1 !i106 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5253 CIVIL ACTION -LAW ACTION TO QUIET TITLE ORDER ti AND NOW, to wit, this ~ ~ day of March, 2006, upon consideration of the within Motion, the Motion to Make Absolute is granted, and Michael E. and Marianne S. Beers are hereby named party defendants in the above action. BY THE COURT, r ~ ~,~x ~i ,„ ~ (~IJ. ', Distribution List: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 Steve Miner, Esquire Metzger Wickersham Knauss & Erb, P.C.. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 1 Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Kathleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 Christine Bucher 3055 Valley Road Marysville, PA 17063 Carl C. Risch, Esquire Manson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 LAW OFFICES OF PETER J. RUSSO, P.C. CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the Praecipe to Ammend Caption, upon the following person(s), in the manner indicated: U.S. Mail Carl C. Risch, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Attorneys for Plaintiff Steven P. Miner, Esquire METZGER WICKERSHAM KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Christine Bucher 3055 Valley Road Marysville, PA 17063 LAW OFFICE OF PETER J. RUSSO, P.C. Attorneys for Defendants BY: ~'t Elizabeth J. S or, Esquire Attorney I.D. No. 200139 DATE: ;, ~, -~, .. _, ;_ , y = <; ,',, e Law Offices of Peter J. Russo, P.C. By: Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 3800 Market Street Camp Hill, PA 17011 (717)591-1755 (717) 591-1756 Facsimile Isaylor@pjrlaw.com Attorneys for Michael and Marianne Beers. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLEN M. ALLISON CIVIL LAW NO. 05-5253 Plaintiff, CIVIL TERM v. : JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE of JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, KATHLEEN B. KEOUGH, J.C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER, WILLIAM B. BUCHER, CHRISTINE BUCHER, Administratrix d.b.n.c.t.a. of the ESTATE of JOHN C. BUCHER, : Administratrix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of The ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f!k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CARRIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their Heirs, devisees, administrators, executors Successors and assigns, MICHAEL E. BEERS,: MARIANNE S. BEERS. and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT, Defendants. AGTION TO QUIET TITLE TRIAL BY JURY DEMANDED NOTICE TO PLEAD TO: MARTSON DEADRORFF WILLIAMS & OTTO Attn: CARL C. RISCH, Esquire Counsel for ALLEN M. ALLISON You are hereby notified to file a written response to the enclosed Defendants' Answer with New Matter and Counterclaim within twenty (20) days from service hereof or a judgm~e~nt may be entered against you. C/`' LAW OFFICES OF PETEFt~RUSSO, P.C. Attorneys for Michael E. and Marianne S. Beers Peter J. Russo, Esquire ID No. 72897 Scott A. Stein, Esquire ID No. 81738 Elizabeth J. Saylor, Esquire ID No. 200139 Law Offices of Peter J. Russo, P.C. By: Elizabeth J. Saylor, Esquire Attorney I.D. No. 200139 3800 Market Street Camp Hill, PA 17011 (717)591-1755 (717) 591-1756 Facsimile Isaylor@pjrlaw.com Attorneys for Michael and Marianne Beers. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLEN M. ALLISON Plaintiff CIVIL LAW NO. 05-5253 CIVIL TERM v. JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE of JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, KATHLEEN B. KEOUGH, J.C. BUCHER, JOHN G. BUCHER, CAROLINE BUCHER, WILLIAM B. BUCHER, CHRISTINE BUCHER, Administratrix d.b.n.c.t.a. of the ESTATE of JOHN C. BUCHER, Administratrix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of The ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CARRIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their Heirs, devisees, administrators, executors Successors and assigns, MICHAEL E. BEERS,: MARAINNE S. BEERS, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT, Defendants. ACTION TO QUIET TITLE TRIAL BY JURY DEMANDED DEFENDANTS' ANSWER WITH NEW MATTER AND COUNTERCLAIM Defendants, Michael E. and Marianne S. Beers (hereinafter the "Beers"), by their attorney the Law Offices of Peter J. Russo, P.C., for Defendants' Answer and New Matter states: 1. Denied. After reasonable investigation, the Beers are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 1. 2. Denied. After reasonable investigation, the Beers are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 2. 3. Admitted. 4. Denied in part and admitted in part. The Beers, after reasonable investigation, are without knowledge or information sufficient to form a belief as to the truth or falsity as whether the named Defendants and their heirs, devisees, administrators, executors, successors and assigns' whereabouts are unknown. The Beers deny that the Plaintiff has no knowledge or information as to the whereabouts of any other unknown persons having or claiming any right, title, estate, lien, or interest in their own right. 5. Denied. After reasonable investigation, the Beers are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 5. 6. Denied. After reasonable investigation, the Beers are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 6. 7. Denied. The averment in Paragraph 7 refers to a writing which speaks for itself, accordingly no response is required. 8. Denied. After reasonable investigation, the Beers are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 8. Byway of further response, the averment in Paragraph 8 refers to a writing which speaks for itself, accordingly no response is required. 9. Denied. After reasonable investigation, the Beers are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 9. 10. Denied. The averment in Paragraph 10 references a Pennsylvania Statue which is a writing that speaks for itself, accordingly no response is required. 11. Denied. The averment in Paragraph 11 is a legal conclusion to which no response is required. To the extent that a response is required, the averments in Paragraph 11 are denied. 12. Denied. After reasonable investigation, the Beers are without knowledge or information sufficient to form a belief as to the truth or falsity of the allegations set forth in Paragraph 12. 13. Denied. The averments in Paragraph 13 are legal conclusions to which no response is required. To the extent that a response is required, the averments of Paragraph 13 are denied. Defendants deny all other allegations set forth in Plaintiff's Complaint that are not specifically admitted. WHEREFORE, the Beers respectfully request that Plaintiff's Complaint be dismissed in its entirety with prejudice. NEW MATTER 14. The Beers incorporate by reference the answers to Paragraphs 1-13, as if fully set forth herein. 15. The Beers own legal title to three (3) parcels of land (Tax Parcel Nos. 13- 23-0551-118; 13-23-0551-117A; 13-23-0551-143) neighboring the Sherman Road lot, and more fully described in a deed recorded June 10, 2002, in the Cumberland County Recorder's Office, to Record Book 252 Page 525. 16. The Sherman Road lot directly abuts parcel 13-23-0551-143. 17. All parcels in the aforementioned deed reference the Subdivision Plan of Ada Snyder recorded in the Cumberland County Recorder's Office in Plan Book 24, Page 122. COUNTERCLAIM COUNT I -EASEMENT BY IMPLICATION 18. The Beers incorporate by reference the answers to Paragraphs 1-17, as if fully set forth herein. 19. Defendants purchased property according to a plan of lots in which the Sherman Road lot is plotted as a road providing a way of ingress and egress to Defendants' property. 20. The Beers aver upon information and belief that the Sherman Road lot, which is the subject of the quiet title action, is subject to an easement by implication. WHEREFORE, the Beers request that this Court: (a) enjoin plaintiff from intertering with or obstructing defendants' easement or right of way over the Sherman Road lot; and/or (b) grant such other relief as the Court may deem appropriate and just. COUNT II -- EASEMENT BY NECESSITY 21. The Beers incorporate by reference the answers to Paragraphs 1-20, as if fully set forth herein. 22. Defendants have enjoyed a free and uninterrupted easement or right of way over the land subject of this quiet title action for ingress, egress, and regress to enter their landlocked parcel 13-23-0551-143. 23. The Beers aver upon information and belief that the Sherman Road lot, which is the subject of the quiet title action, is subject to an easement by necessity. WHEREFORE, the Beers request that this Court: (a) enjoin plaintiff from intertering with or obstructing defendants' easement or right of way over the Sherman Road lot; and/or (b) grant such other relief as the Court may deem appropriate and just. COUNT III -EASEMENT BY PRESCRIPTION 24. The Beers incorporate by reference the answers to Paragraphs 1-23, as if fully set forth herein. 25. The defendants' and successive owners' use of the land subject to this quiet title action was open, visible, notorious, uninterrupted, and adverse for a period of over twenty-one (21) years, and defendants have thereby acquired a prescriptive easement or right of way over plaintiffs land. 26. The Beers aver upon information and belief that the Sherman Road lot, which is the subject of the quiet title action, is subject to an easement by prescription. WHEREFORE, the Beers request that this Court: (a) enjoin plaintiff from interfering with or obstructing defendant's easement or right of way over the Sherman Road lot; and/or (c) grant such other relief as the Court may deem appropriate and just. COUNT IV -UTILITIES EASEMENT 27. The Beers incorporate by reference the answers to Paragraphs 1-26, as if fully set forth herein. 28. The Beers aver upon information and belief that the Sherman Road lot is subject to public utilities easements which would provide the Beers w/ access to the municipality's sewer lines. WHEREFORE, the Beers request that this Court: (a) enjoin plaintiff from interfering with or obstructing defendant's easement or right of way over the Sherman Road lot; and/or (d) grant such other relief as the Court may deem appropriate and just. Respectfully submitted, ~~ LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Michael E. and Marianne S. Beers Peter J. Russo, Esquire ID No. 72897 Scott A. Stein, Esquire ID No. 81738 Elizabeth J. Saylor, Esquire ID No. 200139 ,.. . VERIFICATION I, {Y1~C~-.A~~ C'~esz(~ a..,a '('(~ac~Gr.hu ~ ~ o C~ verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Dated: 3 ' aq - Glo ~~ t,C~U'EC ~~ . ~~"Pr'_S Print T Signature Dated: ~- aq ' G y`~C~~IC~h~)E' ~rnFr~~i.~~~E'/5 Prin , C~~~ ' ~'L" - ~~Q ,~~ Sig ture CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the Defendants' Answer with New Matter and Counterclaim, upon the following person(s), in the manner indicated: U.S. Mail Carl C. Risch, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Attorneys for Plaintiff Steven P. Miner, Esquire METZGER WICKERSHAM KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Christine Bucher 3055 Valley Road Marysville, PA 17063 LAW OFFICE OF PETER J. RUSSO, P.C. Attorneys for Defendants BY: C.~ ~~_ Elizabeth J. aylor, 'squire -'--- Attorney I.D. No. 200139 DATE: ~- - :~ ~~ ;, ~t "+ '. 's ~ ,.: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLEN M. ALLISON Plaintiff, CIVIL LAW NO.OS-5253 v. CIVIL TERM JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE OF JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER, WILLIAM B. BUCHER, CHRISTINE BUCHER, individually, CHRISTINE BUCHER, administratrix d/b/n/c/t/a/ of ACTION TO QUIET TITLE the ESTATE OF JOHN C. BUCHER, administratrix d.b.n.c.t.a, of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CARRIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors, successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIIt OWN RIGHT, Defendants DEFENDANT TOWNSHIP OF LOWER ALLEN'S REPLY TO NEW MATTER NOW COMES Answering Defendant Lower Allen Township (the "Township") and answers the New Matter filed by Intervening Defendants Michael E, and Marianne S. Beers ("Beers"), as follows: 14. No responsive pleading is required. 15. After reasonable investigation, the Township is unable to admit or deny the averments of Paragraph 15. Therefore, the averments of Paragraph 15 are denied. 16. After reasonable investigation, the Township is unable to admit or deny the averments of Paragraph 16. Therefore, the averments of Paragraph 16 are denied. 350602-I 17. After reasonable investigation, the Township is unable to admit or deny the averments of Paragraph 17. Therefore, the averments of Paragraph 17 are denied. COUNT I -EASEMENT BY IMPLICATION 18. No responsive pleading is required. 19. After reasonable investigation, the Township is unable to admit or deny the averments of Paragraph 19. Therefore, the averments of Paragraph 19 are denied. 20. After reasonable investigation, the Township is unable to admit or deny the averments of Paragraph 20. Therefore, the averments of Paragraph 20are denied. WHEREFORE, Answering Defendant Lower Allen Township requests that judgment be entered in its favor and that the Court grant such other relief as it may deem just and reasonable. COUNT II -EASEMENT BY NECESSITY 21. No responsive pleading is required. 22. After reasonable investigation, the Township is unable to admit or deny the averments of Paragraph 22. Therefore, the averments of Paragraph 22 are denied. 23. After reasonable investigation, the Township is unable to admit or deny the averments of Paragraph 23. Therefore, the averments of Paragraph 23 are denied. WHEREFORE, Answering Defendant Lower Allen Township requests that judgment be entered in its favor and that the Court grant such other relief as it may deem just and reasonable. COUNT III -EASEMENT BY PRESCRIPTION 24. No responsive pleading is required. 25. After reasonable investigation, the Township is unable to admit or deny the averments of Paragraph 25. Therefore, the averments of Paragraph 25 are denied. 350602-1 26. After reasanable investigation, the Township is unable to admit or deny the averments of Paragraph 26. Therefore, the averments of Paragraph 26 are denied. WHEREFORE, Answering Defendant Lower Allen Township requests that judgment be entered in its favor and that the Court grant such other relief as it may deem just and reasonable. COUNT IV -UTILITIES EASEMENT 27. No responsive pleading is required. 28. Admitted upon information and belief. WHEREFORE, Answering Defendant Lower Allen Township requests that judgment be entered in its favor and that the Court grant such other relief as it may deem just and reasonable. Respectfully submitted, METZGER WICKERSHAM KNAUSS & ERB, P.C. i BY: ~ Steven P. Miner, Esquire Atty ID # 38901 3211 North Front Street P.O. Box 5300 Dated: _____~~~ r~ Harrisburg PA 17110 717-238-8187 Attorney for Defendant Lower Allen Township 350602-I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLEN M. ALLISON Plaintiff, CIVIL LAW NO. OS-5253 v CIVIL TERM JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE OF JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER, WILLIAM B. BUCHER, CHRISTINE BUCHER, individually, CHRISTINE BUCHER, administratrix d/b/n/c/t/a/ of ACTION TO QUIET TITLE the ESTATE OF JOHN C. BUCHER, administratrix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CABBIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors, successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT. Defendants VERIFICATION I, John M. Eby, an authorized representative of Lower Allen Township, do hereby verify that the facts set forth in the foregoing Rep]y to New Matter are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsi£cation to authorities. Yw~~,.. John~D~! Eby, Buildi Zoning Coordinator Lower Allen Township 1993 Hummel Avenue Camp Hill, PA 17011 Date: March-'<l, 2006 350602-t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLEN M. ALLISON v. Plaintiff, JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE OF JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER, WILLIAM B. BUCHER, CHRISTINE BUCHER, individually, CHRISTINE BUCHER, administratorx d/b/n/c/t/a/ of the ESTATE OF JOHN C. BUCHER, administratorx d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CARRIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors, successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIIt OWN RIGHT, Defendants CIVIL LAW NO. OS-5253 CIVIL TERM ACTION TO QUIET TITLE CERTIFICATE OF SERVICE ~ ~ ~ / I, Steven P. Miner, Esquire, of the firm of Metzger, Wi e ham, Kna'uss.& Erb, clounsel for the Defendant, Lower Allen Township, hereby certify that on this day of i, 2006, I served a true and correct copy of a Reply to enter appearance upon counsel by positing the same in the U.S. Mail, postage prepaid, addressed as follows: Thomas G. Vernau, Interim Manager Lower Allen Township 1993 Hummel Avenue Camp Hill, PA 17011 Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Carl C. Risch, Esquire Manson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 Elizabeth J. Saylor, Esquire Scott A. Stein, Esquire Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 ' '~~ Steven .Miner, Esquire 350602-I LAW OFFICES OF PETER J. RUSSO, P.C. ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JONATHAN KEOUGH, et al., Defendants. N0.05-5253 CIVIL ACTION -LAW ACTION TO QUIET TITLE MOTION FOR DEFAULT JUDGMENT AND NOW, comes The Law Offices of Peter J. Russo, P.C., and sets forth the following: 1, The Honorable Kevin A. Hess has previously issued an Order to Show Cause on January 20, 2006, and a Rule to Make Absolute on March 27, 2006, concerning the within Defendants' Petition to Intervene. 2. On the 5~h day of April 2006, an Answer with New Matter and attached Notice to Plead was filed in the above captioned matter on behalf of Defendants, Michael E. and Marianne S. Beers. 3. On the 2"d day of May 2006, a notice was provided to Plaintiff's that the twenty (20) days within which to file an Answer to Defendant's New Matter had elapsed on or about April 27, 2006, and that an application to the Court to enter a Default Judgment would be made on or about May 12, 2006. 4. Via a letter dated May 4, 2006; Plaintiff's counsel requested an extension of time to file Plaintiff's Answer until May 19, 2006, be granted. 5. Counsel granted the requested extension of time to file until May 19, 2006. 6. On May 19, 2006, Defendants again allowed an extension until May 22, 2006. 7. As of May 22, 2006, Plaintiff has yet to respond to the aforementioned Answer with New Matter. WHEREFORE, Defendants Michael E. and Marianne S. Beers, by and through their counsel, request this Court grant Defendants' Motion for Default Judgment. Respectfully submitted, Law Offices of Peter J. Russo, P.C. Date: S-~'S .. ~ {; gy; ~ ;Z,%"~-~-". Elizabeth J. Saylor, Esquire Attorney ID No. 200139 3800 Market Street Camp Hill, PA 17011 l LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Courk ID: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JONATHAN KEOUGH, et al.,- Defendants. N0.05-5253 CIVIL ACTION -LAW ACTION TO QUIET TITLE CERTIFICATE OF SERVICE I hereby certify that 1 have on this day served a true and correct copy of the foregoing documents upon the following persons, in the manner indicated: FIRST CLASS MAIL 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 Steve Miner, Esquire Metzger Wickersham Knauss & Erb, P.C.. Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 .Kathleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 Christine Bucher 3055 Valley Road Marysville, PA 17063 Carl C. Risch, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 Date: S -,~~ -~ LAW OFFICE OF PETER J. RUSSO, P.C. BY: ~h --. Elizabeth J. Saylor cn o _^ " t_„ ° -°- ~y ~ ~, -., "r -; _, -~::~, -~~ ~ ~~ rv vrn .. y: f.~ -~G F'.\PILES\DATAFILE\GrneraPCurtent\I I]48. Lrcsl Created'. 10/SI05 11 O4AM Revised: 923/06 2:49PM Carl C. Risch, Esquire Attorney I.D. Number 75901 Hillary A. Dean, Esquire Attorney I.D. Number 92878 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Cazlisle, PA 17013 717-243-3341 Attorneys for Plaintiff ALLEN M. ALLISON, Plaintiff v. JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE of JOHN E. KEOUGH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. KEOUGH, JANET G. KEOUGH, : NO. OS - 5253 KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER,: WILLIAM B. BUCHER, CHRISTINE BUCHER, individually, CHRISTINE BUCHER, administratoix d.b.n.c.t.a. of the ESTATE OF JOHN C. BUCHER, administratrix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CARRIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors, successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT, Defendants CIVIL TERM ACTION TO QUIET TITLE PLAINTIFF'S RESPONSE TO DEFENDANT MICHAEL E. BEERS AND MARIANNE S. BEERS' NEW MATTER AND COUNTERCLAIMS NEW MATTER 14. Paragraphs 1 through 13 aze hereby incorporated by reference. 15-17. Afterreasonableinvestigation,Plaintiffiswithoutlmowledgeorinformationsufficientto form a belief as to the truth of the averment contained in this paragraph. WHEREFORE, Plaintiffrequeststhat Defendant Michael E. Beers and Marianne S. Beers' New Matter be dismissed. COUNTER CLAIM COUNT-I -EASEMENT BY IMPLICATION 18. Pazagraphs 1 through 17 aze hereby incorporated by reference. 19-20. Denied. The averments ofpazagraphs 19 and 20 are denied as conclusions oflaw to which no response is required. WHEREFORE, Plaintiffrequests judgment in his favor and Defendant Michael E. Beers and Marianne S. Beers' counterclaims be dismissed. COUNT-II -EASEMENT BY NECESSITY 21. Paragraphs 1 through 20 are hereby incorporated by reference. 22. Denied. 23. Denied. The averments ofpazagraph 23 are denied as a conclusions oflaw to which no response is required. WHEREFORE, Plaintiffrequests judgment in his favor and Defendant Michael E. Beers and Marianne S. Beers' counterclaims be dismissed. COUNT-III -EASEMENT BY PRESCRIPTION 24. Pazagraphs 1 through 23 aze hereby incorporated by reference. 25-26. Denied. The averments ofpazagraphs 25 and 26 aze denied as a conclusions of law to which no response is required. WHEREFORE, Plaintiffrequests judgment in his favor and Defendant Michael E. Beers and Marianne S. Beers' counterclaims be dismissed. COUNT-IV -UTILITIES EASEMENT 27. Paragraphs 1 through 26 are hereby incorporated by reference. 28. Denied. The averments ofpazagraph 28 aze denied as a conclusions oflaw to which no response is required. WHEREFORE, Plaintiffrequests judgment in his favor and Defendant Michael E. Beers and Mazianne S. Beers' counterclaims be dismissed. MARTSON DEARDORFF WILLIAMS & OTTO r By C . Risch, Esqu' ttorney I.D. No. 7 O1 Hillary A. Dean, Esquire Attorney I.D. No. 92878 10 East High Street Cazlisle, PA 17013 (717)243-3341 Date: May 23, 2006 Attorneys for Plaintiff VERIFICATION Hillary A. Dean, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS & OTTO, attorneys for PlaintiffAllen M. Allison in the within action, certifies that the statements made in the foregoing Response to New Matter and Counterclaim aze true and correct to the best ofhis knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Z~C~~ ~' lary A. Dean, Es ui CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Manson Deardorff Williams & Otto, hereby certifythat a copyofthe foregoing Responsewas servedthisdate bydepositing same in the Post Office at Cazlisle, PA, first class mail, postage prepaid, addressed as follows; Steven P. Miner, Esquire METZGER WICKERSHAM KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 Elizabeth J. Saylor, Esquire LAW OFFICES OF PETER J. RUSSO, P.C. 3800 Market Street Camp Hill, PA 17011 MARTSON DEARDORFF WILLIAMS & OTTO By ~~ Ami J. Th a Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 23, 2006 ~ n~ ` ~ C Ca ~' st .. w.. '71 n -i W ~r-~ - .. -F7 ' ~ ~'n r ~- N ~ i ; . ~ -. LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, IN THE COURT OF Plaintiff, CUMBERLAND CC v. N0.05~253 JONATHAN KEOUGH, et al., CIVIL ACTION -LAW Defendants. ACTION TO QUIET TI CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and Motion for Default Judgment and attached Orders upon the manner indicated: FIRST CLASS MAIL Steve Miner, Esquire Metzger Wickersham Knauss & Erb, P.C.. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 NON PLEAS OF ,PENNSYLVANIA copy of the persons, in the Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Kathleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 Christine Bucher 3055 Valley Road Marysville, PA 17063 Carl C. Risch, Esquire Manson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 LAW OFFICE OF PETER J. RUSSCp, P.C. BY: ~~A Date: net E. Bush, Paralegal ~ c~? „ c., ~ ~ x~ '~ if Vii.. .. " T. Tq T ~J L'~1 '~. ; n _~ ...4 yr` *~,` LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, Plaintiff, v. JONATHAN KEOUGH, et al., Defendants. IN THE COURT OF CUMBERLAND CC N0.05-5253 CIVIL ACTION -LAW ACTION TO QUIET ORDER AND NOW, this e3~,d"~" day of , 2006 foregoing petition, it is hereby order that (1) a rule is issued upon the respondent to show cause to the relief requested; (2) the respondent shall file an answer to the petition within the respondent; (3) the petition shall be decided under Pa. R.C.P. No. 206. .~ at 3! (5) argument shall be held on , ~ in Court IRON PLEAS OF PENNSYLVANIA upon consideration of the the petitioner is not entitled days of service upon 070/x! ~m ~ of the Cumberland County Courthouse; and L~ ZO ~£ F!d I £ f.~kd ~~Ol J~d'J1C"vCi 1_ U!:id I-il ~Ct 3 I?-fi~Q~lll~ ~'~ ~. (6) notice of the entry of this order shall be provided to all BY THE COURI~, Distribution List: Elizabeth J. Saylor, Esquire ~aw Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 ~,S'feve Miner, Esquire Metzger Wickersham Knauss & Erb, P.C.. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 ~nathan Keough 306 Hunter Path Road Hummelstown, PA 17036 y~athleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 ,iG~hristine Bucher 3055 Valley Road Marysville, PA 17063 marl C. Risch, Esquire Manson Deardorff Williams & Otto 10 East High. Street Carlisle, PA 17013 05 I,, by the petitioner. F:\FILES\DATAF[LE\General\Current\11748. Land/ajt Created: 4!27/06 3:SSPM Revised: 6/14/06 9:42AM 11748.1 Carl C. Risch, Esquire Attorney I.D. Number 75901 Hillary A. Dean, Esquire Attorney I.D. Number 92878 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 ALLEN M. ALLISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE of JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, : NO. OS - 5253 KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER,: WILLIAM B. BUCHER, CHRISTINE BUCHER, individually, CHRISTINE BUCHER, administratox d.b.n.c.t.a. of the ESTATE OF JOHN C. BUCHER, administratrix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CIVIL TERM CABBIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their :ACTION TO QUIET TITLE heirs, devisees, administrators, executors, successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIlZ OWN RIGHT, Defendants PLAINTIFF'S ANSWER WITH NEW MATTER TO DEFENDANTS BEERS' MOTION FOR DEFAULT JUDGMENT TO: DEFENDANTS MICHAEL E. BEERS AND MA,ItIANNE S. BEERS and their attorney, ELIZABETH J. SAYLOR, ESQUIRE 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. AND NOW, comes the Plaintiff by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and answers Defendants' Motion for Default Judgment as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. On May23, 2006, Plaintifffiled his response to Defendant Michael E.Beers and Marianne S. Beers' New Matter and Counterclaims. A copy of such is attached hereto as Exhibit "A." On May 24, 2006, Defendants filed their Motion for Default Judgment. WHEREFORE, Plaintiff Allen M. Allison hereby requests that this Honorable Court deny Defendants' Motion for Default Judgment. NEW MATTER 8. The answers of paragraphs 1 through 7 of this answer are hereby incorporated by reference. 9. Plaintiff s counsel informed Defendant Beers' counsel that it was negotiating the terms of its representation and requested the courtesy of Defendants' counsel to wait for its answer. See letter of counsel dated May 4, 2006, attached hereto as Exhibit "B." 10. Plaintiff's counsel also sent Defendants' counsel a facsimile regarding same. See Exhibit "C," attached hereto. 11_. Plaintiffdid not file a responsive pleading to Defendants' Answer with New Matter and Counterclaims because Plaintiffhad proposed to simplify the action to properly include the Defendants, Michael E. Beers and Marianne S. Beers, as parties to this action and remove Defendant Township of Lower Allen by a First Amended Complaint. 12. Plaintiffhad hoped to work out changing the cause of action and the caption to this matter. 13. Further, Plaintiff filed its Response to Defendants' Answer with New Matter and Counterclaims on May 23, 2006, at 2:59 p.m. See Exhibit "A." 14. Defendants Beers did not file their Motion for Default Judgment until May 24, 2006, at 12:31 p.m., which was after Plaintiffhad already filed its Response. Atime-stamped copy of Defendants' Motion for Default Judgment is attached hereto as Exhibit "D." WHEREFORE, Plaintiff Allen M. Allison hereby requests that this Honorable Court deny Defendants' Motion for Default Judgment. MARTSON DEARDORFF WILLIAMS & OTTO BY ~ " J arl C. Risch, uire Attorney I.D. o. 75901 Hillary A. Dean, Esquire Attorney I.D. No. 92878 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: June 14, 2006 Attorneys for Plaintiff ~A RECY(1FO RMER RECY(IABIE ~xh~b~t ~ F`.FILES\DATAFILE~GrnrraPCurrnv\II?18 I rrsl c~r:nra f a s os i ~ oa.anl Carl C. Risch, Esquire Attorney I.D. Number 75901 Hillary A. Dean, Esquire Attorney I.D. Number 92878 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 717-243-3341 Attorneys for Plaintiff ALLEN M. ALLISON, Plaintiff v. (.' ~~ ~_~ a N~ JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE of JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER, WILLIAM B. BUCHER, CHRISTINE BUCHER, individually, CHRISTINE BUCHER, administratrix d.b.n.c.t.a. of the ESTATE OF JOHN C. BUCHER, administratrix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, . PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CABBIE LYNN BUCHER, and the : TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors, successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST L'NDER THE NAMED DEFENDANTS OR IN THEIlt OWN RIGHT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.OS - 5253 CIVIL TERM n ~~ ~~ ~ o _. - w _~; -c~1 _ ? -~ ~ - ,., ~ y l i l .-~• ~- N 'R ~.J' t: •• -~ :~ ~ ACTION TO QUIET TITLE PLAINTIFF'S RESPONSE TO DEFENDANT MICHAEL E. BEERS AND MARIANNE S. BEERS' NEW MATTER AND COUNTERCLAIMS ffiIBTT °A" NEB`' HATTER 14. Paragraphs 1 through 13 are hereby incorporated by reference. 15-17. After reasonable investigation, Plaintiff is without knowledge or information sufficient to forni a belief as to the tnith of the avernient contained in this paragraph. WHEREFORE, Plaintiff requests that Defendant :Michael E. Beers and Marianne S. Beers' New Matter be dismissed. COUNTER CLAIM COUNT-I -EASEMENT BY IMPLICATION 18. Paragraphs 1 through 17 are hereby incorporated by reference. 19-20. Denied. The averments ofparagraphs 19 and 20 are denied as conclusions oflaw to which no response is required. WHEREFORE, Plaintiff requests judgment in his favor and Defendant Michael E. Beers and Marianne S. Beers' counterclaims be dismissed. COUNT-II -EASEMENT BY NECESSITY 21. Paragraphs 1 through 20 are hereby incorporated by reference. 22. Denied. 23. Denied. The averments ofparagraph 23 are denied as a conclusions of law to which no response is required. WHEREFORE, Plaintiff requests judgment in his favor and Defendant Michael E. Beers and Marianne S. Beers' counterclaims be dismissed. COUNT-III - EASEIVIENT BY PRESCRIPTION 24. Paragraphs 1 through 23 are hereby incorporated by reference. 25-26. Denied. The averments ofparagraphs 25 and 26 are denied as a conclusions of law to which no response is required. WHEREFORE, Plaintiffrequestsjudgment inhis favor and Defendant Michael E. Beers and Marianne S. Beers' counterclaims be dismissed. COUNT-I~" -UTILITIES EASEMENT 27. Paragraphs 1 through ?6 are hereby incorporated by reference. 28. Denied. The a~•ennents ofparagraph 28 are denied as a conclusions of law to which no response is required. WHEREFORE, Plaintiff requests judgment in his favor and Defendant Michael E. Beers and Marianne S. Beers' counterclaims be dismissed. MARTSON DEARDORFF W ILLIAl~iS & OTTO By ~~ ~~ , ~~' Carl . Risch, Esqu~~e ``~ Attorney LD. No. 7 O1 Hillary A. Dean, Esquire Attorney I.D. No. 92878 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: May 23, 2006 Attorneys for Plaintiff ~'ERIFIC:~TIOr Hillary A. Dean, Esquire, of the firnl of ~1ARTSON DEARDORFF ~'ILLI a:~iS & OTTO, attorneys for PlaintiffAllen M. Allison u1 the within action, certifies that the statements made in the foregoing Response to New Matter and Counterclaim are tnie and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 11 ~' /~ / I~hary A. Dean, Es~ui ~=- _.~ CERTIFICATE OF SERA"1CE I, Ami J. Tlltirtmla, an authorized agent for ~-tartson Deardorff ~Villia<ils & Otto, hereby certit} that a copy of the foregoing Response vas served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Steven P. tiliner, Esquire 1~1ETZGER V1-'ICKERSHAM KIvAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 Elizabeth J. Saylor, Esquire LAW OFFICES OF PETER J. RUSSO, P.C. 3800 Market Street Camp Hill, PA 17011 MARTSON DEARDORFF WILLIAMS & OTTO }, ' . i ' By ~ ~ ,; ~. ;~ ~ , . ~ ;~ ~ t-l < ~~ Ami J. Thury~ma Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: May 23, 2006 .~ RECYCLED PAPER `~ 0.fCYC1A8LE ~Xhi bit g May 4, 2006 VIA FACSIMILF, 717-591-1756 AND FIRST CLASS ~1~IAIL Elizabeth ,1. Saylor, Esquire LAW OFFICES OF PETER J. RUSSO, P.C. 3800 Market Street Camp Hill, PA 17011 RE: Allen M. Allison v. Jonathan Keough, et al. Our File No. 11748.1 Dear Attorney Saylor: I received your correspondence dated Tuesday, May 2, 200(1, on behalf of your clients.:4s I understand your clients wish to resolve this matter as quickly as possible, ]wanted to inform you that our fine is currently negotiating our terms of representation with Mr. Allison in this matter. We have given Mr, Allison until Friday, May 12, 2006, to respond to us as to whether or not we will continue representing him. Therefore, I would request that you give us the courtesy ofwaiting one more weel: to file for a default .judgment in this matter aid 1 appreciate your courtesies thus far. Ifyou have any questions or concerns, please feel free to contact my office. Very truly yours, M ARTSON DEARDORFF WIL.LIAMS & OTTO Hillary A. Dean HAD,'uie ec: Mr. Allen M. Allison p4vTQTT naa A RECVCI[o PAPER i «1 RECYCE~9EE ~xhi bit C iV(.~RTSON DEARDORfF WILL1A:~tS 6T .TO I\Fa)RMATION •.~CVICE • Anvoc,ucv ~U E.\~i HIvH STREET C \RLISLE, PE\\Sl'L\:\.\La 1 Ol3 TFLEPHO\E ( I ) ?-13-33~t I F,\l'SISIILE (?1 ;') 2~3-1350 l\iERVET tia~~w.md~~a~om :'~i;~t`R\I:1"~ L Ci)C \~LLLi';ZS .\T L.1\1' ~~"ILU:\\I F. ~I:\Rrso\ C.\ItL C. RiS~ 11 JuH\ B. Fo~,\LER III D.\\ ID _~. F;rzsl~u~\; D.\\lEL K. DE:\RDORFF C. HRIS;OPHER E Rlc'E THO\I:\S .I. ~~"ILl L\~IS* .IE\\IFER L. SPE:\Rti I~~o ~'. OTTO III HILL:\Rl' A. DE.\\ GEORGE B. F ~LLER JR* ~Ill'H.\EL J. COLLI\S •BG.\RD Ck kTIFIE D L 1~ IL TRi.~;. SPFCIAJSi FACSIMILE TRANSMISSION TO : ~I! Z~L~'~~ ~h ~~t. ,~~1 IG'~ FROM:( -~ RE: _~ 1l~ .Sc~n ~• i~ ~vu,~1~ ~ ~ n h Comments: FAX: S ~'f J - ~ ~.~~~ .DATE: , ~ PAGES: ~ (including this sheet) ~~~ THIS 1~1ESSAGE IS INTENDED ONLY FOR THE USE OF THE INDI`"IDUAL OR ENTITY TO WHICH IT IS ADDRESSED AND ~IAY CONTAIN INFORMATION THAT IS PRIVILEGED CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS 1~IESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR .AGENT RESPONSIBLE FOR DELIVERING THE I~fESSAGE TO THE INTENDED RECIPIENT, YOL' ARE HEREBY NOTIFIED THAT ANY DISSE~IL'VATION, DISTRIBUTION OR COPYING OF THIS CO,~II~IL':~iiCATION IS STRICTLY PROHIBITED. IF YOU HAS"E RECEIVED THIS COLI~fUIvICATION IN ERROR, PLEASE NOTIFY' LS IMMEDIATELY BY TELEPHONE (COLLECT), ,~~ND RETUR,'~1 THE ORIGINAL MESSAGE TO US AT THE ABO~-E ADDRESS ~~IA THE U.S. POSTAL SERVICE (WE Vb"ILL REIMBURSE POSTAGE). THANK YOU. ffiIBIT "C° TRANSMISSION VERIFICATION REPORT TIME 05119!2006 04:05 NAME MDW & 0 FAX 717-243-1850 TEL 717-243-3341 SER.# BROM5J402857 DATE, TIME 05119 04:04 FAX NO.INAME 5911756 DURATION 00:00:35 PAGE{S) 01 RESULT OK MODE FINE ECM MARTSON DE.ARDORPF WILLIAMS dt OTTO INFi7RMA'fiDN • ADVIC! • ABYUCMY I O EAST HIGH STREET C.aRLISLE. PE\tiSt'LVA:\La l"Q13 TELEPHO`'E (' I') 243-3341 FACSIMILE (7t') 213-1850 I?VTERNET w~~w.mdwu.corn ATTUIt\El'~ & CuC ~SELLURS .1T I.:111' bVlt.u.a~l F. ~LaRTSO~ C.\RL C. Risc'li JoKx B. EU1vLER III DA\ tEL K. DE,VtDORFF THO~I:~S ~. ~~0.L4i~lS~ D.a~lo A. FITZS1.1lU\~ CHRIS'iAPHER E. RICE JEx\IFFR L. SPE:~RS No ~ . Orro III HILLARY A. DE:~\ GEORGE B. F.~LLER JR* ~IICHAELJ. COLLIES 'BOARD CE RTIFIED CIVIL TR~.IL SPEI'IALI~ ~ FACSII~iILE TR NSMI~~ION To : ~,Ii2c~e~h . a for ~toM:~'' ~n_~~P(l~? ~: y411isnn v. Keough ~,n 0 Comments: FAX: S ~') - ~ ~,S-TI, DATE:) ~Q 1~ PAGES: 1 (including this sheet) A arena eo vnr~e i , RICYCIABIt ~.Xhibit D ~ ,. LAW OFFICES OF PETER J. RUSSO, P.C. ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Stree# Camp Hill, PA 17011 {717) 591-1755 ALLEN M. ALLISON, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. N0.05-5253 JONATHAN KEOUGH, et a1., CIVIL ACTION -LAW Defendants. ACTION TO QUIET TITLE MOTION FOR DEFAULT JUDGMENT AND NOW, comes The Law Offices of Peter J. Russo, P.C., and sets forth the following: 1. The Honorable Kevin A. Hess has previously issued an Order to Show Cause on January 20, 2006, and a Rule to Make Absolute on March 27, 2006, concerning the within Defendants' Petition to Intervene. 2. On the 5"' day of April 2006, an Answer with New Matter and attached Notice to Plead was filed in the above captioned matter on behalf of Defendants, Michael E. and Marianne S. Beers. 3. On the 2'"' day of May 2006, a notice was provided ~to Plaintiff's that the twenty (20) days within which to file an Answer to Defendant's New Matter had elapsed on or about April 27, 2006, and that an application to the Court to enter a Default Judgment would be made on or about May 12, 2006. E~IBIT "D" ,. 4. Via a letter dated May 4, 2006, Plaintiff's counsel requested an extension of time to #ile Plaintiff's Answer until May i 9, 2006, be granted. 5. Counsel granted the requested extension of time to file until May 19, 2006. 6. On May 19, 2006, Defendants again allowed an extension untii May 22, 2006. 7. As of May 22, 2006, Plaintiff has yet to respond to the aforementioned Answer with New Matter. WHEREFORE, Defendants Michael E. and Marianne S. Beers, by and through their counsel, request this Court grant Defendants' Motion for Default Judgment. Respectfully submitted, Law Offices of Peter J. Russo, P.C. Date: -S'~-~ '~ ~ ~ By; ~~.~~/'~''~~.---~-''... Elizabeth ,!. Saylor, Esquire Attorney ID No. 200139 3800 Market Street Camp Hill, PA 17011 ., ., LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUfRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. N0.05-5253 JONATHAN KEOUGH, et al.,~ CNIL ACTION -LAW Defendants. ACTION TO QUIET TITLE CERTIFICATE OF SERVICE 1 hereby certify that l have on this day served a true and correct copy of the foregoing documents upon the following persons, in the manner indicated: FIRST CLASS MAIL Steve Miner, Esquire Metzger Wickersham Knauss $ Erb, P.C.. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Kathleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 Christine Bucher 3055 Valley Road Marysville, PA 17063 Cart C. Risch, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 Date: S - ~7 -~ ~ LAW OFFICE OF PETER J. RUSSO, P.C. _..... BY: Elizabeth J. Saylor ~ Q : <-a n _. .:r. ~ -~, rn 'r7 U . ~~ °!:` ~ ~ ~ ~ ~. ~ ~ r ~ ,.~ C~`3 RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 Case Number 2006-99999 PHOTOCOPIES (VS) Received of PD MDW&O JHS Total Non-Cash..... + .00 Total Cash......... + 2.50 Change ............. - __._.00 Receipt total...... = 2.50 Receipt Date 6/05/2006 Receipt Time 15:03:39 Receipt No. 178762 ------------------------ Distribution Of Payment ------------------------ Transaction Description Payment Amount COPIES 2.50 CUMBERLAND CO GENERAL FUND 2.50 CERTIFICATE OF SERVICE I, Ami J. Thumma, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer with New Matter was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Steven P. Miner, Esquire METZGER WICKERSHAM KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 Elizabeth J. Saylor, Esquire LAW OFFICES OF PETER J. RUSSO, P.C. 3800 Market Street Camp Hill, PA 17011 MARTSON DEARDORFF WILLIAMS & OTTO By Ami J. Th a Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: June 14, 2006 ~.~ _ _ __ r7 _ ~ - .~ _ _ ~~ .. --r ~'` ^i '••. LAW OFFICES OF PETER J. RUSSO, P.C. ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.05-5253 JONATHAN KEOUGH, et al., :CIVIL ACTION -LAW Defendants. ACTION TO QUIET TITLE PRAECIPE Kindly amend the Motion for Default Judgment filed May 24, 2006, by adding the attached Verification. Respectfully submitted, Law Offices of Peter J. Russo, P.C. Date: 1q -a.1- ~ <- By: Elizabeth J. ay r, squire Attorney ID No. 139 3800 Market Street Camp Hill, PA 17011 LAW OFFICES OF PETER J. RUSSO, P.C. ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.05-5253 JONATHAN KEOUGH, et al., :CIVIL ACTION -LAW Defendants. ACTION TO QUIET TITLE I, M+~l~acl E. d~~ ~,...1 YY~,riw.~t. S, mss- ,verify that the statements made in the Motion for Default Judgment flied on May 24, 2006, are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. Dated: (p - d d- - 0 (o Michael E. Beers C. 'v Dated: ~ -r}~-~Oln Ma ' nne S. eers LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JONATHAN KEOUGH, et al., Defendants. N0.05-5253 CIVIL ACTION -LAW ACTION TO QUIET TITLE CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the Praecipe to Amend upon the following persons, in the manner indicated: FIRST CLASS MAIL Steve Miner, Esquire Metzger Wickersham Knauss & Erb, P.C.. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Kathleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 Christine Bucher 3055 Valley Road Marysville, PA 17063 Carl C. Risch, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 LAW OFFICE OF PETER J. RUSSO, P.C. BY: Date: ~i ' ~-~ `6 ~ net E. Bush, Paralegal ~~ r -. , =n ._.. ~~ r- ~'_' -' i ~ _.... .; r.:c ~ i .. , jtJr; -p _ y< f.~ .- ALLEN M. ALLISON, Plaintiff v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. OS-5253 CIVIL TERM JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE OF JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH: KATHLEEN B. KEOUGH, J.C. BUCHER: JOHN C. BUCHER, CAROLINE BUCHER: WILLIAM B. BUCHER, CHRISTINE BUCHER, individually, CHRISTINE: BUCHER, administratrix d.b.n.c.t.a. of the ESTATE OF JOHN C. BUCHER, administratrix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DP.VID ALLEN BUCHER, JOHN JOSEFH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CARRIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors, successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT, Defendants ACTION TO QUIET TITLE IN RE: MOTION FOR DEFAULT JUDGMENT ORDER OF COURT AND NOW, this 26th day of June, 2006, upon consideration of the Motion for Default Judgment filed on behalf of Defendants Michael E. Beers and Marianne S. Beers in the above-captioned matter, and following a hearing on the motion at which Plaintiff as was represented by Hillary A. Dean, Esquire, Defendants Beers were represented by Elizabeth J. Saylor, Esquire, and Peter J. Russo, Esquire, and Defendant Jonathan E. Keough, Esquire,. represented himself, the record is declared closed, and the matter is taken under advisement. ~, 4 R ,' - ~ i~ ~r :ll''r~ CSC; i',~ :iZ n~~ Pursuant to a request of counsel for the Plaintiff and counsel for Defendants Beers, counsel are afforded a period of 10 days from today's date within which to submit briefs or any additional brief which they desire to on the issues which they perceive to exist in this case. No counsel has requested the transcript of this proceeding be prepared and filed at this time. By the Court, J Hillary A. Dean, Esquire 10 East High Street Carlisle, PA 17013 For Plaintiff ~zabeth J. Saylor, Esquire Peter J. Russo, Esquire The Chelsea Building 3800 Market Street Camp Hill, PA 17011 For Michael and Marianne Beers }~nathan E. Keough, Esquire /.iU6 Hunter Path Road Hummelstown, PA 17036 mae ~qo~ o~ LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorneys for Defendants Michael & Marianne Beers ALLEN M. ALLISON, IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.05-5253 JONATHAN KEOUGH, et al., :CIVIL ACTION -LAW Defendants. ACTION TO QUIET TITLE AND NOW comes the Defendants Michael and Marianne Beers by and through their attorney The Law Offices of Peter J. Russo, P.C. in response to Plaintiff's Answer with New Matter to Defendants Beers' Motion for Default Judgment as more fully set forth below: Defendants Beers Answer to Plaintiff's New Matter 8. Denied. The rules of civil procedure do not require a response to the advent contained in paragraph 8. 9. Denied. The averment contained in paragraph 9 contains alleged statements from a document which controls and any interpretational gloss placed therein by Plaintiff is strictly denied. By way of further response, all correspondences concerning Plaintiffs failure to file a responsive pleading to Defendant's Answer with New Matter and Counterclaims were documented between Plaintiffs counsel and Defendants Beers' counsel, specifically letters dated May 2, 2006, May 4, 2006, May 5, 2006, May 19, 2006, May 22, 2006 and May 23, 2006, sent via facsimile and/or mail, which have been attached hereto as Exhibits A - G, respectively. 10. Denied. The averment contained in paragraph 10 contains alleged statements from a document which controls and any interpretational gloss placed therein by Plaintiff is strictly denied. By way of further response, all correspondences concerning Plaintiffs failure to file a responsive pleading to Defendant's Answer with New Matter and Counterclaims were documented between Plaintiffs counsel and Defendants Beers' counsel, specifically letters dated May 2, 2006, May 4, 2006, May 5, 2006, May 19, 2006, May 22, 2006 and May 23, 2006, sent via facsimile and/or mail, which have been attached hereto as Exhibits A - G, respectively. 11. Denied. The averment contained in paragraph 11 contains alleged statements from a document which controls and any interpretational gloss placed therein by Plaintiff is strictly denied. By way of further response, all correspondences concerning Plaintiffs failure to file a responsive pleading to Defendant's Answer with New Matter and Counterclaims were documented between Plaintiffs counsel and Defendants Beers' counsel, specifically letters dated May 2, 2006, May 4, 2006, May 5, 2006, May 19, 2006, May 22, 2006, May 23, 2006, sent via facsimile and/or mail, which have been attached hereto as Exhibits A - G, respectively. 12. Denied. The averment contained in paragraph 12 contains alleged statements from a document which controls and any interpretational gloss placed therein by Plaintiff is strictly denied. Byway of further response, all correspondences concerning Plaintiffs failure to file a responsive pleading to Defendant's Answer with New Matter and Counterclaims were documented between Plaintiffs counsel and Defendants Beers' counsel, specifically letters dated May 2, 2006, May 4, 2006, May 5, 2006, May 19, 2006, May 22, 2006 and May 23, 2006, sent via facsimile and/or mail, which have been attached hereto as Exhibits A - G, respectively. 13. Denied. The averment contained in paragraph 13 references a document which speaks for itself and any interpretational gloss placed therein by Plaintiff is strictly denied. 14. Denied. The averment contained in paragraph 14 references a document which speaks for itself and any interpretational gloss placed therein by Plaintiff is strictly denied. Defendants Michael and Marianne Beers deny all other allegations in paragraph 8 through 14 of Plaintiffs Answer with New Matter to Defendants Beers' Motion for Default Judgment that are not specifically admitted. WHEREFORE, Defendants request this Honorable Court to grant their Motion for Default Judgment. Respectfully submitted, ~~ ;,. `yi~ /`~ -- -. LAW OFFICE O PETER J. RUSSO, P.C. Attorneys for Defendants Beers Peter J. Russo, Esquire ID No. 72897 Scott A. Stein, Esquire ID No. 81738 Elizabeth J. Saylor, Esquire ID No. 200139 VERIFICATION We, Michael E. Beers and Marianne S. Beers, verify that the statements made in Defendants Beers' Answer to Plaintiffs Answer with New Matter to Defendants Beers' Motion for Default Judgment are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. (a'a7-v~ Date -a~-~t~ Date EXH Tr~rmmt rar-"_,rt F°.I i 1Ci%CrL`_ M rr~ 16.:57 _ri VWEOsI~ ^g Ti;:4'ANI~%' -- -- - ttt RBvInTE STATlilll ,TAPT TI11E Pas ~kEULT~ FEMdFY -- - - - - - A91i50 O5 ~i7 Op 5g~iiU:nii 11~OiJ~ iii ~ OY kEIrIP.kP;S ThIR:Tiiner: FOL:PoII, TRId:Turn around, 211~:2inl L:. ORGOrifiinal size cet. UPG:Boolr ir, FhdEFrame erase LI. MIX:4,lixed original. CALL: Manual-Coin, KkDS:h;RDB, FWD:FOF,WARD FLF:FIip Side 2, SF:Special Original FCODEFcoda, MRX:Confiden?ial. RUCEulletin, RL4':Relav~ RTX:Re-T>~. PC:FC-FA?; UY,:S+_i coonnuni _ition, Buc fJSy. Coi ~t.: Cn,-,tinu No ans:No an~~wer M-full:Meinory trill. FW-OFE:Pow?r switch OFF. iEL:Rx from TEL FACSIMILE TRANSMITTAL FORM JANET E.aUSl~ IA21I.L'GAL Law O//~/s-'ces oy~Peter J= Russo, P. C .3800 1T2arket Street Camp HiIL PA I70IZ O>~ce C7I L? 397-7755 ax (7 7f /24-2Z 7I FAX NUMBEK: 243-1850 RECEIVEK'S NAME: Hillary Dean. L-snuire __ TODAY'S DATE: Ma '~ '1006 N'O. OF I'AGF_5 INCLUDING THIS PAGE: 2 RE: Beers nr N Th Acl~ 1 Peter J_ Russo Law OfKccs P£Peter .T.Russq P_C. The Chelsea B W ldins 3 ROU Marlw[ Street Cmavp Hill, PA t 901 3 PFIONE: (919) 591-1']55 FAX: ('117) 591-1956 CONFIDENTIAL This ¢ledonic mail, information and eny dvu o ecbm¢n[s which ¢ mpsnyinf[ this trnnsmiszion c informrztlon [hat ¢ Pri vlle¢ad, conCdentiuh entl/o[' o[lurwlsc pro[ecrotl and is intended for [he mTOrmatinn of [pe redpicntsa, et fo»h above. ]f [he int¢ndvd r ciPient of this electronic mail. you a a hereby notified [hat un utltorlr<tl dlsn'ibution oC [he vn FO ~ut nn conla.ined M1erv ii v[tic[ly Prohibited lf" ao cei~e 4[is ebcaonic vil please i urifj~ ehe eider Imntudlutely by reP3J' e[nvlh entl dele[o llm o.~¢inal m s se without £urthe dL closure, di3r ntlo oFYine a uca of his electronic maih its contents or its wetachmentz. TnvnK yeu. s¢mu,t . ~ i .~~~ S 4'Y ~~f ~ ~~i NYC ,.. ~~k rk~ fit tl ~...~u ri ~.r~F .r$ JVMd ;es~'~' ~F~M^:3ur~;Vtl 1'alli~i}~ii I C ~ r.' e: ~ A ~;la :: n r r rssron r r d d r rn r von r on or roe edd2s3se ony and may co re,t. ,nrn.mno d r 's onrmanaer. it ro,~ erg nor me mfendad reo aienr. ro~ eta nereey noun¢d rnae any ona~.rnoared msmdmeroo or ene oor rr.nrcuuo„ ;: ,oumny .or,unrPd. r ddsrrt~r rmnems_mon .n note-me sender /.mrnudmmr der®la none. ~rrnana a,~~~RraE~&~ AT ><,Aw k'et~r.-. B~tn Aso, 8sgnirc Sohn Pd. r-sipoutsis, Esquire 3R001~1arket S1tt:et Camp toll, Ply, 17011 '~'uesdab, I"~ay 2, ZOOti 6~:ad A. 5tciq Esgairo Eli7abetts.T. Saylor, Esquire. Hillary A. Dean, Esquic-e VIA REGULAR MAIL AND FACSIMILE Martsoi~ Deardorff Williams 8i Otto 7] 7-243-7 X50 10 East High Street Carlisle, PA 17013 RE_ Allen M. Allison v..ionathan Keough, et aI Dear Attorney Dean: As you are aware, on April 5, 2006, On behalf of my clients, I fi]ed an Answer with New Matter and Counterclaim, which was endorsed with a Notice to P]ead. Allowing two (2) full days for service, the twenty (20) days to respond elapsed on T7nvsday, Aprii 27, 7006. Because my clients wish to resolve this matter as quickly as possible, if no response is filed by May 12, ?006, I will make an application to the Court to enter a defaultjudgment. LAW OFFICES OF PETER,I. RIJSSO, P.C. r Elizalieth.i. Saylo-~; Esquu-~ co; Mr. tmd Mrs. Michael Seers u~µt nl It!; ,'7 R 7~ 441-117°i5 TRF ~'HE1.3~ A iE[ gtt,P~BNri i'RX' (% 171 54 (-1756 EXHIBIT B pi I_' i~ ,;i' _, . ~ w~ _______--- __._. -- ~aerA" m. May 4, 2006 VIA FACS[MlLF 717-591-1756 AN17 FIRST CLASS MAIL Elizabeth .[. Saylor, Esquire LAW OFFICES OF PETER .l. RUSSO, P.C. 3800 Market Strec[ Camp Hill, PA 17011 12E: Allen M. Allison v.:lonathau Keough, et al. Our File No. 11748.1 Dear Attorney Saylor: ,., it iii ~~:',~u~;'~. Iry .. +lu~. ,. nl•iiF i n` ~ ,, ~, [received your correspondence dated Tuesday, May 2, 2006, on behalf of your clients. As 1 understand your clients wish to resolvethis matter as quickly as possible, I wanted to inform you that our firm iscurreutlynegotiatingourtermsofl-epresentatiouwithMr.Allisoninthismatter. Wehavegiven Mr. Allison until Friday, May 12, 2006, to respond to us as to whether or not we will continue representing him. Therefore, I would requestthat you give us the courtesy ofwaiting one moreweel<to C le for a default j udgment in this matter and I appreciate your courtesies thus fur. Ifyou have any questions or concerns, please feel free to contact my of5ce. Very truly yours, MAR'fSON DEARDORFF WILLIAMS & OTTO Hillary A. Dean HAD/tde cc: Mr. Allen M. Allison i+,ni.~s,un rnia i.ma~~,,.a~uc,,,,,~~~n~ i ~n; i .~a, EXH~ig1T^ C LAW OFFICES ®F PETER J. RiJSSO, P.C. ATTORNEYS AT LAW Peter 1. Russo, Esquire John N. Papoutsis, Esquire 3800 Market Street Camp Hill, PA 1701 I Friday, May 5, 2006 Hillary A. Dean, Esquire VIA REGULAR MAIL Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 RE: Allen M. Allison v..Tonathan Keough, et a] Dear Attorney Dean: Scutt A. Stein, Esquire Elizabeth 1. Saylor, Esquire I am in receipt of your letter dated May 4, 2006. After consulting with my clients, we are willing to grant you the requested one week extension before filing for a default judgnent in the above referenced matter. Therefore, if you do not respond by May 19, 2006, we will then file a default judgment. I appreciate your timely response. If you have any questions or concerns, please feel free to contact me. LAW OFFICES OF PETER J. RUSSQ P.C. ii Elizabeth .l. Saylor, Esquire cc: Mr. and Mrs. Michael Beers PHONE: (777) 591-1755 'rtie cnetsen tsutuxrva FAX (7171591-1756 EXH rB ?_ _~,~F h~~~E^- ~'~_" 5~~ n1~t± rt, ~, . f'C;C,~ r~1,°'~7- fit PiA(SON DEArtooaFp CYJ 0.LlahiS & (_i?' 10 ,~,~~._. ~>: [;:af;,cT.or+. nrwce. Ax>wctincY io E,rs? Nlc;r+ Sra=_er lr-LEnNn~^ .~i?:1.rgl ry7f RN6T ~,~~•••a:ztd'ar.,:'nr~: ~T~, ..,: , ..r~,~,~ ,~„~~ ~ ~i',ul+~;F ~Iikrscr_ '`.3rt C. Rc;r~; { /fJF!1 f'E ['iy~iaGF.I17 ./:+.V iG :'~, )'T'S!lAi\ti LY.~,,I~, K.I7r~k!r~~a_!-t CNa~s~t;FHEaE.Rce I I ..t. ; f. ~l ILL ..:. ?t ti•'.Irck L. `J YF.i P.4. No l~_Crro IIl' Nr ~.~~v A Deg. ~a-, ° , „ ~ ~ ~ ) I , }, r , . ; i , 'moo r i~~fr.r~ ;e i ~I;;;i., i ~ ei n~ i ~~,. _.;i iTruU~ t v. 1•~CG'u~ia~t f s (a y rc~~,~S: _ ~~ ~~t~ctsa~i~D this ~h~e~} ~'~-~~en~~~ ~~~ T TTIS PviESS~ ;i iidTEIVL)F:iJ ~iyCi' FC)i7 'i'rTE USE ~eN T }TE r1tiiU1VC~5LfAL C)k ENTTTY TO V„'FJTf':; n t;ccca~v n~m q k. T•, ILC ~tI) _._~ .., ~ ,r... --_- ~-L~~,R. ,-,tV~, ;L3Y f'O~vT %~tiv I3i~iiP.tbi~~TIC'~ TI-L.4T [S ~Riy ~` ~,OIyrILtL'4i.ni A?vI7 FX.E7viYT i~Ri)tvI ~Igt~t~~SURE em;t,~FT{ auutrL•n~ur~ e 4"J. ',F THE R n~i ~E ~r ~ \`/ eT TiYT" P r .I/. _ P. _ .,_, , ,,~R.;. kc;F iS :vv: tnc uv:ENL)c% o-lECirtrttiT, ~ttt t-rL F_+.V1PLv'~`EE r31{ AGLNT PESPOiJSII3I.E, E(iA T)ELNER `'VG THE MI?S5,5GE TO 7 =t-EE Itti iElti?DED RECIPIENT, YOU AR [-iFat~E~l' <".)?I`iii'•''IiAT AN'xiitSSEiviuJ~tTTi)?ti.,P,ISTI'~UifCi'~rJkI:CPI'~`t?IC~OE'?HIS CO'~'(ILfIfi7ICrS~TIi)1V IS STRrCTLY PRt7HIF3CTED. SF Y"OU HAVE REC'EIVEi~ T'HTS €='CI~II~3L"~fl'.^:TI1;J L`J Eiciceil2, rLSc itii~TiT~Y r" [I.Iiv1E13~II~LY B`r TECEUHfJNF. (COLLEC' T 1, AtJp 2_E T~?]ZY T7-iE; OIF.It_.I!~iP.L. RgE,~,SAGE "TC L`S ~;T TtIE P-.BCVc ACiD32f'SS ~ LA ,. , ~~.,. „L ..rn~'I ~ i, ii%E th"iLi riF.ir.Iti rJSTi'~(L;Ii-7e."-;~: Y CJ[,, EXH c~~/^uza~e ti,:z~ ii ~wErt_,r~~O Tc: a ~~„=a -- FEhM1TE FTATION °TAPT TINE P3AO FE~ULT ~ kEhr1ARKS - - - -_ 4a~,Sil ~Ori 10 1O ~iir.,,l O~~DO410~4 ~ Oh ~ REMARk9 T6~Ik:Tiin~r. POL:PoII. TRI~:Twii wound. IId:2inl Tx OFG:Ori~'iiial .,ire set, DF6.Pool Tx FIv1E:Fraine erase Li, I~I`4:IdilterJ original. CaLCadanual-Cam. KRUS:KRDB. FWD:RJEWAkD FLP:FIir~ Side 2. SP:SPecial Original FCODE:Fcode. MFIX:Confidential. BI)L:6i~lletin, RLY:Relav. RT);:Re-Lc. PG:PC-FAX -OK:Stc~p coinmunica?Irni. Bus~~:Bus~;, Cont.:0antlni.ie. Mo sns~:Plo an3wer hi-full:Wemoi ;- fl~Il, FW-UFF:Fower switch OFF, TEC:Wr from TEL FA CSIMILE TRANSMITTAL FORM JnNcrE. Busx, P.fwfitcwc Law O~~ffzces o¢ Peter J. Russo, d : C_ 3800 1Glarlret Street Canzp Hill, PA 1701 Z ~~ C~4 J ~~za zi amiss F'AX NUM73ER: 243-1850 72F.CE+IVETi'S NAME: T;illalti A. Dean~_F_suuire ._.._ _ _ _ __ TODAY'S DATE: 5-22-06 NO_ OF PAGES TNCT.UDTNG TI31B PAGE: 4 I2E= Allison v. Keoueh Y/ease Nde The 9dlrccs Chrsrv ce Peter J. Russo Law OfF ces of PCter i,Russo. P.C. Ttte Claclsea Building 3400 Market Si:rcet Came PIill, PA 1'1011 PHONE: (919j 59]-1]55 FAX: (~1~) 591-1756 CONFIDENTZAI.. "Chi.^, elc miL afar nd vny dot nchme which a mpan n¢ this tran mlee ontain iaformntion tttm. s privite¢ed~,c of dential,, and~or otbmwiae protec etl mm3 fists aced Faro the inf rmauon ofsthe r•ecipi mntm _cec fertb abo..e. If the inwntled reclpimnt of this elecronic mail, your a e hereby noN]led that vny t authorized dis[ribution of the m Formation ca [mluerJ her¢ira is icrly prahibimd. Ir you r tILLZ electronic ~ nil i please ~ etify the peudea medimely hyrreply c ail mtd tlelete the eriRinal m xa6e without tiu[her disclosurq tliaseminution, copying or use o(HJs clectroruc mail, il¢ contents or Its nnachmenLC. Thank v u. i,l. •. i~ I V I 14 I -J ai ~ 'r tam r x r a ~r rnt.r~o.v r~ me mro..naxon ns me aeora o~ry and may oo..rar, rnroro~er .~ roar r: o wuAnh~r. u'. you am .,or me i.,~.,r',eud rdorF.;mt. rpm rre nereey nouned roar a+y u aumnn:ae at~enbuvon or rn~ ~ unmerre~ r_z ~rnouy v.z•n;n;e. d. n vco moorv~ ra+- r ~ r o.a..,;aa:on .r reaae none rn. F'ctcr .b. ELS~ae, ~squirc .-oPrn N. Inapour.eis, E:.equitc MClrgf~a~/, ~Y8u' ~~, ~U~~ *arir A. rlCiti, Es[{uirc ~dic;rrretlo 5. Sayio[, ~s<qui~a Flilfary A. Dean, Esquire \/IA FACSIMILE AfVD t!S MAIL Manson Deardorff Williams ~ Otto 717-243-1850 10 East Nigh Street Carlisle, PA 17013 i',E: Allen M. Allison v. Jonathan Keough, et al Dear Attorney Dean: Attached are the last two letters of our correspondence prior to your facsimile sent on March 19, 200G. It was my understanding that you requested and I granted a one week extension from May 12, 2006, making the due date May 19, 2006. Upon receipt and review of your May 19, 2006, facsimile, I had an opportunity to speak with my clients. My clients have requested that I deposit the motion for default judgment into the mail for filing first thing tomorrow morning, believing that the forty-four (44) days from filing the answer and new matter allowed ample time to respond. If you have any questions or concerns, please contact my office. LA'W OFFICES E3F PETER ~i. RUSSO, P.C. Elizabeth J. Saylor, Esquire EJS/jeb Enclosure cc: Mr. and Mrs. Michael Beers 3RO11 f~-url;et .~r6rcet ~amp'~lill, t'P 17f1{ A P ~dv1~Qn r117) 4.t ry..i'r'>.. Tf'P'<,P-!E 9Cfa~ ttP ilM.f wVJS; _~ ('n n ~~~I. E7`~/~, EXHIBIT F TI"a~"ISllllt r~~~`,r~t ~"•1 ?6WEOOC^Z T11:4£i~ ~' i __ _ - fiElvkiTE ST4TIC~f~ TAFT ~ TlhdE ~ Pagr ~ RE:JJLT ~ kFI~PAK ~J~18Sn 05 ., ld ~Oli iiO 4 OOCrOi~^ ~Olf FEI~,4RV( RdE:F~~wniF POL~PTx, ~i11f~~ldred cri~ir+L CACL~4M1aiual C~~mO I,F[S~tF[1.4. FWDtFIiF;WAFI[lo ~ ~~ FLF:FIii ids ' `~F recial Original FCODEF.~ile ME v:C~irfider~tial 6UL:Bullet,in, kLY:kelav, kTX:k T~ FC:P~`FAX S-pF:Stor- commur~icaiion.Hu.,~r:E~usy, Cont JOontinue, No ans:Plo answer M-full:Meinory full. FW-OFF:Power switch OFF, TEL:kx from TEL FA C G'SMI ~ T .N T F IC ~¢O~.i/9T/jL2 ~A J701 T (>S if -ZS~.S~ ~E OaTti Mii. LAW OFFICES OF PETER,J. ~USSO, P.C. ATTORNEYS AT LAW Peter 1. Russo, Esquire John N. Papoutsis, Esquire 38IX) Market Street Camp Hill, PA 1701 I Tuesday, May 23, 2006 Hillary A. Dean, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 Scott A. Stein, Esquire Efizabetfi I. Saylor, Esquire VIA REGULAR MAIL AND FACSIMILE 717-243-1850 RE: Allen M. Allison v. Jonathan Keough, et al. Dear Attorney Dean: On May 2, 2006, I wrote to notify you that your time to respond to the Answer with New Matter and Counterclaim that I filed on my clients' behalf had elapsed on April 27, 2006, and I thus planned on May 12, 2006, to make an application to the Court to enter a default judgment. I then received your letter requesting for a one week extension (May 19, 2006) to allow time for you to communicate with your client, Mr. Allison, which was followed b another one (1) work day extension. As previously conveyed, my clients wish to proceed in order to resolve this matter without any further delay. Please see the attached motion that I mailed to the Court today. If you have any questions or concerns about this matter, please contact my office. EJS/jeb Encosure cc: Mr. and Mrs. Michael Beers L AW OFFICES OF PETER J. RUSSO, P.C. Elizabeth J Saylor, Esquire PHONE: (717) 591-1755 THECHEt.SEA fiUlLOtNG FAX: (717) 591-1756 EXHIBIT G r'_, _ _ 'r, e. ~_ b~ . _, . - ~Fi~": . ~. ,,.,ar. t,.;_ ;;"; eiy_ Raarc J h~~r.. r~ C L-: T.r~Ea' 4~f 4{, .:a Cam, „_nk. ~l - c ~.1~~ ~? •,• A_ Hn-n l: -,. I n ^.kn:i lrl -~'IillarvA~~I)ear' ~' ~,~ F rK,iO.°, ~a-. CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the foregoing documents, upon the following person, in the manner indicated: U.S. Mail FIRST CLASS MAIL Steve Miner, Esquire Metzger Wickersham Knauss & Erb, P.C.. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Kathleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 Christine Bucher 3055 Valley Road Marysville, PA 17063 Carl C. Risch, Esquire Martson Deardorff Williams & Otto 10 East High Street Carlisle, PA 17013 DATE: ~ ~a~ -o(, ~~~~%"'_y ~ ~~ Elizabeth J. Saylor t, ? 'J .J - .,Z l -. _ , ~ ,) ~ ~- n ~ ~. t •e Lj ~ .> ALLEN M. ALLISON, Plaintiff v. JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor the ESTATE of JOHN E. KEOUGH, JOHN E. KEOUGH, JANET KEOUGH, KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER, WILLIAM B. BUCHER, CHRISTINE BUCHER, individually, CHRISTINE BUCHER, administratrix d.b.n.c.t.a. of the ESTATE OF JOHN C. BUCHER, administratix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CABBIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors, successors, and assigns, and ANY . OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT, . Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. OS-5253 CIVIL TERM IN RE: MOTION OF DEFENDANT BEERS FOR DEFAULT JUDGMENT BEFORE OLER, J. ORDER OF COURT :. ~~`~~ ,,,,-, ,, ~ !'UL J .: AND NOW, this 7~' day of July, 2006, after a cazeful examination of the record and briefs submitted by counsel, and following a hearing held on June 26, 2006, the motion of Defendants Beers for entry of default judgment is denied. BY THE COURT, ~~ J. esley O Carl C. Risch, Esquire Hillary A. Dean, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Attorneys for Plaintiff Law Offices of Peter J. Russo, P.C. ATTN: Elizabeth J. Saylor, Esquire 3800 Market Street Camp Hill, PA 17011 Attorney for Defendants Beers Jonathan Keough, Esquire 306 Hunter Path Road Hummelstown, PA 17036 Kathleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 Christine Bucher 3055 Valley Road Marysville, PA 17063 Steve Miner, Esquire Metzger Wickersham Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 F:\FILES\DATAFILE\General\CwrentU 1748.1.petitionwithdraw Creazed: 4/27/06 3:SSPM Revised: 8/1/06 11:38AM 11748.1 • ~ George B. Faller, Jr., Esquire I.D. No. 49813 Hillary A. Dean, Esquire I.D. No. 92878 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ALLEN M. ALLISON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE of JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER,: WILLIAM B. BUCHER, CHRISTINE . BUCHER, individually, CHRISTINE BUCHER, administratrix d.b.n.c.t.a. of the ESTATE OF JOHN C. BUCHER, administratrix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CABBIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their : heirs, devisees, administrators, executors, successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT, Defendants . NO.OS - 5253 CIVIL TERM ACTION TO QUIET TITLE PETITION FOR COURT APPROVAL TO WITHDRAW AS COUNSEL FOR PLAINTIFF AND NOW, comes MARTSON DEARDORFF WILLIAMS & OTTO, attorneys for Plaintiff, Allen M. Allison, and files this Petition for Court Approval to Withdraw, and in support thereof, states as follows: 1. Plaintiff, Allen M. Allison, is currently represented by the law firm of MARTSON DEARDORFF WILLIAMS & OTTO. 2. On or about October 6, 2005, Plaintiff filed an Action In Quiet Title. 3. In December, 2005, the Law Offices of Peter J. Russo, P.C., by and through Elizabeth J. Saylor, Esquire, became involved in this case, first bypreliminarily objecting to Plaintiff's Complaint, and then on January 17, 2006, by petitioning the Court for intervention in this matter. The Law Offices of Peter J. Russo, P.C., represent Michael E. and Mary Ann S. Beers. 4. Plaintiff has failed to provide Petitioner with its requested retainer. 5. Petitioner wishes to withdraw its representation ofPlaintiffin the above Quiet Title Action. Petitioner has informed Plaintiff that it will petition the Court to withdraw its appeazance. 6. Under the Rules of Professional Responsibility Rule 1.16, Petitioner may withdraw its appearance as counsel for Plaintiff but must get Court approval. 7. Petitioner has informed counsel for the Defendants involved in this case, Elizabether J. Saylor, Esquire, and Steven P. Miner, Esquire, of its intention to withdraw as counsel and they have no objection to its withdrawal. 8. Petitioner is of the belief and, therefore, avers that the withdrawal of its representation in this matter will not delay these proceedings. 9. The Honorable Wesley Oler has had previous involvement with this matter. WHEREFORE, Manson DeardorffWilliams & Otto respectfully requests this Honorable Court to grant its Petition to Withdraw as Counsel for Plaintiff in the above matter. & OTTO By Geoid Faller", Jr., Esquire Hillary A. Dean, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: August 1, 2006 Attorneys for Plaintiff Allen Allison VERIFICATION George B. Faller, Jr.,Esquire, ofthe firm ofMARTSON DEARDORFF WILLIAMS & OTTO, attorneys for PlaintiffAllen Allison in the within action, certifies that the statements made in the foregoing Petition for Court Approval to Withdraw as Counsel for Plaintiff are true and correct to the best of his knowledge, information and belief. He understands that false statements herein are made subj ect to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. George .Faller, Jr., Esquire CERTIFICATE OF SERVICE I, Melissa A. Scholly, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy ofthe foregoing Petition for Court Approval to Withdraw as Counsel for Plaintiffwas served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229 Steven P. Miner, Esquire METZGER WICKERSHAM KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 Elizabeth J. Saylor, Esquire LAW OFFICES OF PETER J. RUSSO, P.C. 3800 Market Street Camp Hill, PA 17011 Mr. Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Ms. Kathleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 Ms. Christine Bucher 3055 Valley Road Marysville, PA 17063 MARTSON DEARDORFF WILLIAMS & OTTO By ~~ C~~C C Melissa A. Scholly Ten East High Street Carlisle, PA 17013 (717)243-3341 Dated: August 1, 2006 ~... ,~_ , ~_ .--i „ - ~:-. -, ~~ - ~ ~ -- -- _!,, ' ,. ;,.~ . -. _. ,. , c -~ ALLEN M. ALLISON, Plaintiff v. JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor the ESTATE of JOHN E. KEOUGH, . JOHN E. KEOUGH, JANET KEOUGH, KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER, WILLIAM B. BUCHER, CHRISTINE BUCHER, individually, CHRISTINE BUCHER, administratrix d.b.n.c.t.a. of the ESTATE OF JOHN C. BUCHER, administratix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/Wa PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CABBIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors, successors, and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO.OS-5253 CIVIL TERM IN RE: PETITION FOR COURT APPROVAL TO WITHDRAW AS COUNSEL FOR PLAINTIFF ORDER OF COURT AND NOW, this 9`n day of August 2006, upon consideration of the Petition For Court Approval To Withdraw As Counsel For Plaintiff, a rule is issued on the Plaintiff ~lNh'A1,tSNN3d ISNt1C~'3 c'r:st!''~~JWi1~ 6E .2 41d 6- Jt1V 9442 Ai~t+lONG'~.1Ct3d SHE. d© 3;}faaM231L~ and Defendants to show cause why the relief requested should not be granted. RULE RETURNABLE within twenty (20) days of date of order. BY THE COURT, C 1 C. Risch, Esquire illary A. Dean, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 Attorneys for Plaintiff La Offices of Peter J. Russo, P.C. ~TTN: Elizabeth J. Saylor, Esquire 3800 Market Street Camp Hill, PA 17011 Attorney for Defendants Beers ~len M. Allison 1 23247 Liberty Lane Hustontown, PA 17229 onathan Keough, Esquire 306 Hunter Path Road Hummelstown, PA 17036 ~thleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 ~,21'iristine Bucher 3055 Valley Road Marysville, PA 17063 ~D ~, ~~ ,~ ~ve Miner, Esquire Metzger Wickersham Knauss & Erb, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 F:\FILES\DATAFILE\General\Current\ 11748. I .petitionruleabsolute/ajt Created: 4/27/06 3:SSPM Revised: 8/28/06 0:57PM 11748.1 ALLEN M. ALLISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE of JOHN E. KEOUGH, : JOHN E. KEOUGH, JANET G. KEOUGH, : NO. OS - 5253 KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER,: WILLIAM B. BUCHER, CHRISTINE BUCHER, individually, CHRISTINE BUCHER, administratrix d.b.n.c.t.a. of the ESTATE OF JOHN C. BUCHER, administratrix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a CIVIL TERM PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CABBIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors, successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT, ACTION TO QUIET TITLE Defendants PETITION TO MAKE RULE ABSOLUTE AND NO W, comes Martson Deardorff Williams & Otto, attorneys for Plaintiff, Allen M. Allison, and files this Petition to Make Rule Absolute, and in support thereof, states as follows: Petitioner-Attorney filed a Petition to Withdraw as Counsel on or about August 1, 2006, requesting this Court to withdraw their appearance as counsel for Plaintiff, Allen M. Allison. 2. In a Rule to Show Cause entered on August 9, 2006, this Court granted the Defendant's counsel and Plaintiff 20 days to file a response to Petitioner-Attorney's Petition. ' r' 3. The Petitioner-Attorney served the Rule on Defendant's counsel and Plaintiff on or about August 11, 2006. 4. To date, neither Plaintiffnor Defendant's counsel have filed a response to this Court's Rule. WHEREFORE, Martson Deardorff Williams & Otto, attorneys for Plaintiff, Allen M. Allison, respectfully requests this Honorable Court to grant its Petition to Make Rule Absolute to allow it to withdraw as counsel of record for Plaintiff in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO By orge B. Faller, J . Esquire Hillary A. Dean, squire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: August 29, 2006 Attorneys for Plaintiff Allen Allison VERIFICATION Hillary A. Dean, Esquire, of the firm of MARTSON DEARDORFF WILLIAMS & OTTO, attorneys for Plaintiff Allen Allison in the within action, certifies that the statements made in the foregoing Petition to Make Rule Absolute are true and correct to the best ofher knowledge, information and belief. She understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. illary A. Dean, E ire ., CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition to Make Rule Absolute was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Allen M. Allison HCR 71, Box 158 AB Hustontown, PA 17229 Steven P. Miner, Esquire METZGER WICKERSHAM KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 Elizabeth J. Saylor, Esquire LAW OFFICES OF PETER J. RUSSO, P.C. 3800 Market Street Camp Hill, PA 17011 Mr. Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Ms. Kathleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 Ms. Christine Bucher 3055 Valley Road Marysville, PA 17063 MARTSON DEARDORFF WILLIAMS & OTTO T 'cia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 29, 2006 t _~ ~-~ c~_ "=~ ~-, --n . _, .. } 1 ~~ h ` ?"'1 ^^y ~._ ?1 1~" -' _~ ~~~ - ~~..a i~~ i 'C A . C ~S RECEIVED Hilt, s o Zoos CIVIL TERM ACTION TO QUIET TITLE ORDER AND NO W, this day of v ~ , 2006, upon consideration of the Petitioner- Attomey Petitioner toMake Rule Absolute, it is hereby ORDERED that the Rule which was issued upon George B. Faller, Jr., Esquire I.D. No. 49813 Hillary A. Dean, Esquire I.D. No. 92878 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717)243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALLEN M. ALLISON, Plaintiff v. JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE of JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, : NO.OS - 5253 KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER,: WILLIAM B. BUCHER, CHRISTINE BUCHER, individually, CHRISTINE BUCHER, administratoix d.b.n.c.t.a. of the ESTATE OF JOHN C. BUCHER, administratoix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CARRIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors, successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEII2 OWN RIGHT, Defendants Y ~~ ~ ~~ 7 i'-- (V _] -3 C~~ i T- Cl. ... ~3, l ~( _ . `~u_ -3w `~ -_;, !~u " "'-11 ;x ti~ a ~ L o `7 c ~ v ~F A -. the Plaintiff on or about August 9, 2006, is made absolute and said Petitioner, MARTSON DEARDORFF WILLIAMS & OTTO, is granted leave to withdraw as counsel. cc: ~lizabeth J. Saylor, Esquire en P. Miner, Esquire illary A. Dean, Esquire ~1vlr. Allen Allison ~Ivlr. Jonathan Keough ~o1s. Kathleen B. Keough wls. Christine Bucher J ~~ ~,o~° b~~ BY THE COURT, s "L F:\FiLES\DATAFILE\\Ge~ral\Curren[\ 11748.1. pra.withdraw Created: 4/27/06 3:SSPM Revised: 9/7/06 3:32PM 11745.1 Carl C. Risch, Esquire I.D. No. 75901 Hillary A. Dean, Esquire I.D. No. 92878 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ALLEN M. ALLISON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE of JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, KATHLEEN B. KEOUGH, J. C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER,: WILLIAM B. BUCHER, CHRISTINE BUCHER, individually, CHRISTINE BUCHER, administratoix d.b.n.c.t.a. of the ESTATE OF JOHN C. BUCHER, administratrix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CABBIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors, successors and assigns, and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT, Defendants NO.OS - 5253 CIVIL TERM ACTION TO QUIET TITLE PRAECIPE Please withdraw the appeazance of Martson Deardorff Williams & Otto as attorneys for Plaintiff Allen M. Allison. MARTSON DEARDORFF WILLIAMS & OTTO By Carl C. Risch, Esquire Attorney I.D. No. 75901 Hillary A. Dean, Esquire Attorney I.D. No. 92878 10 East High Street Cazlisle, PA 17013 (717) 243-3341 Date: ~ -'~ '" ~ b Attorneys for Plaintiff CERTIFICATE OF SERVICE I, Mary M. Price, an authorized agent for Martson Deardorff Williams 8c Otto, hereby certify that a copy of the foregoing Praecipe to Withdraw as Counsel for Plaintiffwas served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229 Steven P. Miner, Esquire METZGER WICKERSHAM KNAUSS & ERB, P.C. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 Elizabeth J. Saylor, Esquire LAW OFFICES OF PETER J. RUSSO, P.C. 3800 Market Street Camp Hill, PA 17011 Mr. Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Ms. Kathleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 Ms. Christine Bucher 3055 Valley Road Marysville, PA 17063 MARTSON DEARDORFF WILLIAMS & OTTO By Mary Price Ten E t High Street Carlisle, PA 17013 (717)243-3341 Dated: ~' ~ Q ~~ ~..~ ~ ~. ~ -- t~lr.. ~ . .' ~~ i~'' _ ~-. (~ I C~ ~,J C' ~'? .IJ ~+.J •~ LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, Plaintiff Attorneys for Defendants Michael and Marianne Beers IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5253 CIVIL TERM v. JONATHAN KEOUGH, et al, Defendants CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the request for Production of Documents and Plaintiff's Interrogatories upon the following person, in the manner indicated: FIRST CLASS MAIL Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229 LAW OFFICE OF PETER J. RUSSO, P.C. BY: Date: ~, ~~ ,O ~ J et E. Bush, Paralegal t~ ~ ~ ~~ -~, r-; r ~ ''3 ~ , '~:. i "~} ~-1 , .. ~ -` . (~_ _ '-" I"i"i =;r ~ '? LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, Plaintiff Attorneys for Defendants Michael and Marianne Beers IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5253 CIVIL TERM v, JONATHAN KEOUGH, et al, Defendants CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the request for Production of Documents and Plaintiffs Interrogatories upon the following person, in the manner indicated: Certified Mail, Restricted Delivery, Return Receipt Requested, Regular US Mail and addressed as follows: Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229 LAW OFFICE OF PETER J. RUSSO, P.C. BY: Date: ~ ~ Io~ I ~•C~ Ashley R. ipe, Paral gal v f`'f Certified Mail ^ Mail ^ Registered Retum Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number 7Qp6 0810 QQQ6 1Q52 8(764 (Transfer from service labs PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ; ^ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the maiipie~ or on the front if space permits. 1. ArticlenAddresse~d(t'o~: C A. Signature ~~ j ~,/ ~ ^ Agent " " L~~~~ ~'-' addressee B. Received by (Printed Name) C. Dat of livery 9~4 ~.so.J ~ 0 6 0 ~ D. Is delivery addn3ss different from item 1? ^ es If YES, enter delivery address below: B No ~~u-1 ~-~~e.<~ LQ.t.~ ~cv~~,,a,~-~~,r,~A~ t~a-~ ~, -. ~T~ _ ~., --; - -_ =` ~ _ ~~ _ -~ .'" C;, CJ ~. ,w ~ -, PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. ALLEN M. ALLISON, : IN THE COURT OF COMMON PLEAS OF Plaintiff, ~ :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.05-5253 JONATHAN KEOUGH, et al., :CIVIL ACTION -LAW Defendants. ACTION TO QUIET TITLE 1. State matter to be argued (i.e., plaintiffs motion for new trial, defendant's demurrer to complaint, etc.): Defendant's Motion for Summary Judgment 2. Identify counsel who will argue cases: a. for plaintiff: Allen M. Allison, pro se b. for defendant: Elizabeth J. Saylor, Esquire, 3800 Market St. Camp Hill, PA. 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: THE LAW OFFICE OF PETER J. RUSSO, P.C. ~~L~~~~~~ ~ ~ Peter J. Russo, Esquire Attorney I.D. No. 72897 John N. Papoutsis, Esquire Attorney I.D. No. 70312 Scott A Stein, Esquire Attorney I.D. No. 81738 Elizabeth J. Saylor, Esquire Attorney I.D. No. 20013 ~. .~ Attorneys for Defendant 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Distribution List: Law Offices of Peter J. Russo Elizabeth J. Saylor, Esquire 3800 Market Street Camp Hill, PA 17011 Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229 Steve Miner, Esquire Metzger Wickersham Knauss & Erb, P.C.. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Kathleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 Christine Bucher 3055 Valley Road Marysville, PA 17063 ~~-~ C ~~ 'T1 f r..r. ~ - T- _ C.o . -ra ~„~ ~+-~ - _` ^.~ ~~ LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court 1D: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorneys for Defendants Michael & Marianne Beers ALLEN M. ALLISON, IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.05-5253 JONATHAN KEOUGH, et al., :CIVIL ACTION -LAW Defendants. :ACTION TO QUIET TITLE JUDGE KEVIN A. HESS DEFENDANTS' MOTION FOR SUMMARY JUDGMENT Defendants, Michael E. and Marianne S. Beers, (hereinafter "the Beers"), through their attorney, Elizabeth J. Saylor, Esquire of The Law Offices of Peter J. Russo, P.C., move the Honorable Court for Summary Judgment on Plaintiff, Allen M. Allison. Defendant avers as follows: 1. Plaintiff filed a Complaint on or about October 6, 2005. 2. A Counter-Claim was filed by Lower Allen Township on or about November 11, 2005, through its Counsel Steven Miner, Esquire of Metzger, Wickersham, Knauss & Erb, P.C. 3. The Beers filed a Motion to Intervene on or about January 16, 2006, through their above listed counsel. 4. Upon a Rule to Show Cause dated on or about January 20, 2006, a Motion to Make Absolute was signed by the Honorable Judge Kevin A. Hess, on March 27, 2006, ordering the Beers as Party Defendants. 5. Plaintiff s counsel filed a Petition for Court Approval to Withdraw as Counsel for Plaintiff, which was granted by the Honorable Judge J. Wesley Oler, Jr., on August 9, 2006. 6. The Beers through their undersigned counsel served Plaintiff with Contention Interrogatories and Request for Admissions and a Request for Production of Documents via regular mail on or about September 27, 2006. A true and correct copy of the Certificate of Service and Cover Letter is Attached hereto and incorporated herein as Exhibit A. 7. The Beers through their undersigned counsel served Plaintiff with Contention Interrogatories and Request for Admissions and a Request for Production of Documents via certified mail on or about October 2, 2006. A true and correct copy of the Certificate of Service and Cover Letter is Attached hereto and incorporated herein as Exhibit B. 8. Upon failure to receive a response by November 6, 2006, deadline, the Beers' counsel sent a letter to Plaintiff via certified mail on or about November 7, 2006, informing Plaintiff of their intention to file a Petition for Summary Judgment if no response was given to the Contention Interrogatories and Request for Admissions or the Request for Production of Documents on or before November 24, 2006, A true and correct copy of said letter is attached hereto and incorporated herein as Exhibit C. 9. Plaintiff was again reminded via certified letter on November 15, 2006, of the Beers' intention to file a Summary Judgment Motion. A true and correct copy of said letter is attached hereto and incorporated herein as Exhibit D. 10. To date, Plaintiff has failed to respond to the Beers' Contention Interrogatories and Request for Admissions or their Request for Production of Documents. 11. Instead, Plaintiff has indicated his intent to transfer the property to his children. See a true and correct copy of Plaintiff's letter dated November 21, 2006, which is attached hereto and incorporated herein as Exhibit E. 12. Plaintiff has failed to answer the Beers' Contention Interrogatories and Request for Admissions or their Request for Production of Documents within the thirty (30) days prescribed by Pa.R.C.P. 4014 and thus said failure is deemed an admission of each Request of Admission. 13. Plaintiff s failure to answer the Beers' Request for Admission serves as an admission that the Plaintiff cannot provide evidence to support any of the allegations set forth in Plaintiff's Complaint, specifically the allegations in Paragraphs 4-13. 14. Plaintiff's failure to answer the Beers' Request for Admission, serves as an admission that the Plaintiff cannot provide evidence to support any of the allegations set forth in Plaintiffs Response to the Beers' New Matter and Counterclaim. 15. There is no question of material fact relating to any issues in this case. 16. Not granting the requested motion will further prejudice the Beers as they have already spent much time and money moving this case a long due to the Plaintiffs: a. Failure to name them as a party despite their interest; b. Failure to publish notice of the filing of the above captioned action despite the October 20, 2005, Order entered by the Honorable Judge Kevin A. Hess granting notice by publication; c. Failure to timely response to the Beers' New Matter and Counterclaim; d. Withdrawal of Counsel; and e. Failure to respond to the Beers' Contention Interrogatories and Request for Admissions or their Request for Production of Documents. 17. Pursuant to Pa. R.C.P. 1035, and for all the reasons set forth above, the Beers are entitled to summary judgment. WHEREFORE, Defendants Michael E. and Marianne S. Beers, by and through their counsel, respectfully request this Court grant Defendants' Motion for Summary Judgment with prejudice. THE LAW OFFICE OF PETER J. RUSSO, P.C. //~~a~ Peter J. Russo, Esquire Attorney I.D. No. 72897 John N. Papoutsis, Esquire Attorney I.D. No. 70312 Scott A Stein, Esquire Attorney I.D. No. 81738 ~€lizabeth J. Saylor, Esquire Attorney I.D. No. 20013 Attorneys for Defendant 3800 Market Street Camp Hill, PA 17011 Telephone: (717) 591-1755 Facsimile: (717) 591-1755 LAW OFFICES OF PETER J. RUSSO, P.C. Defendant PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, Plaintiff, v. . JONATHAN KEOUGH, et al., Counsel for IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.05-5253 CIVIL ACTION -LAW Defendants. ACTION TO QUIET TITLE VERIFICATION I, ~'~Cho,-~~ L/. o~'(`~n0.r~,n~ S . ~2~5 verify that the statements made in the Defendants' Motion for Summary Judgment are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: 1~- ~7~~10 Dated: ~ I - c~7 'Qlo 1 ~C~ ~, ~ y Print LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorneys for Defendants Michael & Marianne Beers ALLEN M. ALLISON, IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.05-5253 JONATHAN KEOUGH, et al., :CIVIL ACTION -LAW Defendants. ACTION TO QUIET TITLE CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of the Defendants' Motion for Summary Judgment upon the following person, in the manner indicated: FIRST CLASS CERTIFIED US MAIL Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229 Steve Miner, Esquire Metzger Wickersham Knauss & Erb, P.C.. 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110 Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Kathleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 Christine Bucher 3055 Valley Road Marysville, PA 17063 LAW OFFICE OF PETER J. RUSSO, P.C. BY: Date: Ja t E. Bush, Paralegal ~l - ag-ate EXHIBIT A LA~FFICFS OF PETER J. R~O, P.C. ATTORNEYS AT LAW 3800 Market Street Camp Hill, PA 17011 Peter J. Russo, Esquire John N. Papoutsis, Esquire Wednesday, September 27, 2006 Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229 RE: Allison v. Keough Dear Mr. Allison, VIA US MAIL Scott A. Stein, Esquire Elizabeth J. Saylor, Esquire Enclosed please find the interrogatories and request for document production which have been drafted on behalf of my client's Michael and Sue Beers. look forward to hearing from you. EJS/jeb Enclosures Very truly yours, - ~,,i ~~ .~,. Eliza eth J. Say~r ,, ~...r~~ PHONE: (717) 591-1755 TE~CHELSEABUILDING FAX: (717) 591-1756 r ~ LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Defendants BY: Elizabeth J. Saylor, Esquire Michael and Marianne Beers PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5253 CIVIL TERM v. . CIVIL ACTION -LAW `" JONATHAN KEOUGH, et ai, - ~, ~ ° . c= Defendants ~r' F~ ~ ~ ':<= - ~ =° r- ~~ ca -~ - . _ CERTIFICATE OF SERVICE ~'' ~' ~ ~ ~ ,-~~~ ;~r~ ~' I hereby certify that I have on this day served a true and correct copy of -- the request for Production of Documents and Plaintiff's Interrogatories upon the following person, in the manner indicated: FIRST CLASS MAIL Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229 LAW OFFICE OF PETER J. RUSSO, P.C. BY: Date: ~~ ~~ ~®~ J et E. Bush, Paralegal EXHIBIT B Law'VFFICES OF PETER J. Ru~, P.C. ATTORNEYS AT LAW 3800 Market Street Camp Hill, PA 17011 Peter J. Russo, Esquire John N. Papoutsis, Esquire Tuesday, October 2, 2006 Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229 RE: Allison v. Keough Dear Mr. Allison, Scott A. Stein, Esquire Elizabeth J. Saylor, Esquire VIA US CERTIFIED MAIL #7006 0810 00061052 8064 Enclosed please find the interrogatories and request for document prrxiuction which have been drafted on behalf of my client's Michael and Sue Beers. I look forward to hearing from you. EJS/jeb Enclosures c Very t my yours, Eliza eth J. Saylor PHONE: (717) 591-1755 TIIECHQ.SEASUI[,DING FAX: (717) 591-1756 i L_ LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, Plaintiff v. JONATHAN KEOUGH, et al, Defendants • Attorneys for Defendants Michael and Marianne Beers IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5253 CIVIL TERM CIVIL ACTION -LAW CERTIFICATE OF SERVICE c~~ -n . - <;:f: -~~ `' _- 1 3~ ~..,. `j C ~ i G.) 1~ -! ~~ ..~.. c..~ ~= I hereby certify that I have on this day served a true and correct copy of the request for Production of Documents and Plaintiff s Interrogatories upon the following person, in the manner indicated: Certified Mail, Restricted Delivery, Return Receipt Requested, Regular US Mail and addressed as follows: Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229 LAW OFFICE OF PETER J. RUSSO, P.C. BY: Date: 1 ~ I oZ I ~Co Ashley R. ipe, Paral al ~^ Complete items 1, 2, and 3. Also complete ftem 4 ff Restricted Delivery fs desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpi , or on the front ff space permits. 1. Article AddressAd to: ~3~u-~ t-~~~e,C~ ~,~~ ~v~~ei~,.~~ ~-~~-~1 A. Signature ~ p~ B. Received by (Printed Name) C. of ivory '~L t•L/ o n1 ~ 0 L D ~ D. Is delNery address different from item 1? ^ es ff YES, enter delivery address below: B~No a ceraned Mall o Maa ^ Registered Return Receipt for Merchandise O Insured Mail ^ C.O.D. 4. ResTticted DelNery/l (Exha Fee) ^ Y~ 2. ArtideNumber 7D06 D810 DDD6 1D52 8D64 (fn3nsfer fnm- se-vke PS Form 3811, February 2004 Domestic Return RecefPt io2sss-oz-M-tSao ; EXHIBIT C - ~ .. ~ -~ La~OFFICES OF PETER J. R~so, P. C. ATTORNEYS AT LAW 3800 Market Street Camp Hill, PA 17011 Peter J. Russo, Esquire John N. Papoutsis, Esquire Scott A. Stein, Esquire Elizabeth J. Saylor, Esquire Tuesday, November 7, 2006 Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229 VlA US CERTIFIED MAIL #7006 0810 00061052 6206 RE: Allison v. Keough Dear Mr. Allison, Our office sent you two (2) copies of Contention Interrogatories and Request for Admissions, as well as a Request for Document Production. The first copy was mailed via regular mail on September 27, 2006. The second copy was sent via certified mail return receipt requested on October 2, 2006. Therefore, going of the latest receipt date, you should have responded no later than Monday, November 06, 2006. This letter is to provide you with notice that 1) you have failed to respond to the Contention Interrogatories and Request for Admissions, as well as a Request for Document Production within the time provided by the Pennsy{vania Rules, and 2) that if you fail to respond our office intends to file a Motion for Summary Judgment, which, if granted, may conclude this action. In short, our office is providing you with some additional time to comply with our discovery request. If you fail to comply by the close of business on November 24, 2006, we shall proceed by filing a Motion for Summary Judgment. I look forward to hearing from you or your counsel. Very truly yours, ~~ E{iz eth J. S or, Es ire EJS/jeb cc: Mr. and Mrs. Michael Beers PHONE: (717) 591-1755 THECFiELSEABUILDING FAX: (717) 591-1756 raoaan~ ,,, ^ Complete Items 1, 7, and 3. Also complete item 4 if Restricted Delivery (s desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the fror>t if space permits. 1. Article' ressed to: ~_ ~ ,, -P~~1~ .~~ - ~~~an ~-3a~t ~ L~~~y 1~tr.~ - a signature XC~.~1. G~~-- ffY Addressee B ReceNed by (Prlneed Name) C. ate Delivery '~~NJN• ~~.~.~ r,.1 11 ~ dG D. Is deNvery ~tdress dttferent from Item 17 00 Y~'' If YES. enter delivery address t~ebw: IIdNo a Hype cenmed Man o Express Mall ^ Registered ~tim Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Deliver~/t (Extra Fee) ^ Yes z. ArtialeNumber ?Qd6 Q81Q 0~n6 1D52 6206 R from serer PS Form 3811, February 2004 Daanestic Return Receipt io25s5-o2~M-~s4o. EXHIBIT D f_~ Lnw ~CES OF PETER J. Rus~b, P.C. ATTORNEYS AT LAW 3800 Market Street Camp Hill, PA 17011 Peter J. Russo, Esquire John N. Papoutsis, Esquire Scott A. Stein, Esquire Elizabeth J. Saylor, Esquire Wednesday, November 15, 2006 Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229 RE: Allison v. Keough Dear Mr. Allison, VIA US CERTIFIED MAIL AND VIA FACSIMILE 717-987-3588 Pursuant to the message you left for me on Tuesday, November 14, 2006, the following consists of what my clients are willing to extend as a final offer. Mr. & Mrs. Beers will purchase both parcels of land (tax parcels nos. 13-23- 0551 and 12-23-0551-152) from you for a total price of $6,000.00, and will further pay all back taxes owing thereon. However, said offer is contingent on the following: 1) You shall assign your entire interest in the pending Quiet Title Action to Mr. and Mrs. Beers, allowing them to finalize the action through their counsel without interruption, objection or disturbance by yourself, and you shall take all actions requested to further prompt resolution to the Quiet Title Action, including, but not limited to any action requested by Mr. and Mrs. Beers that would enable them to be substituted as the Plaintiff in the pending Quiet Title Action, if Mr. and Mrs. Beers so choose; 2) You shall convey any interest you may have in both aforementioned parcels of land to Mr. and Mrs. Beers by Quit Claim Deed; 3) You shall agree that the Quit Claim Deeds as wel{ as the $6,000.00 purchase price shall be held in escrow by the Law Offices of Peter J. Russo, P.C., pending final resolution of the Quite Title Action; and 4) You shall accept the above terms in writing on or before 5:00 P.M. on Wednesday November 22, 2006. If you choose not to accept the above terms or fail to respond by the date set forth above our office will proceed to file a Motion for Summary Judgment, which if granted, may conclude this action. PHONE: (717) 591-1755 THE CHELSEA BUILDING FAX: (717) 591-1756 • i 1 look forward to your response. Should you have any questions please contact me. EJS/ars cc: Mr. and Mrs. Michael Beers Very truly yours, Eliz eth J. Sa r, Es ire Transmit report • P.1 11!1512006 12:15 264YE09622 TC:499504 REMOTE STATION START TIME Pages RESULT REMARKS 9873588 11-15 12:15 00:00 28 003/003 OK REMARKS TMR:Timer, POL:PoII, TRN:Turn around. 2IN:2inl Tx. ORG:Original size set, DPG:Book Tx FME:Frame erase Tx, MIX:Mixed original. CALL:Manual-Coen, KRDS:KRDS. FWD:FORWARD FLP'Flip Side 2. SP:Special Original FCODE:Fcode. MBX:Confidential. BUL:Bulletin. RLY:Relav. RTX:Re-Tx. PC:PC-FAX S-OK:Stop communication. Busv:Busv. Cont.:Continue. No ans:No answer M-fu1l:Memorv full. PW-OFF:Power switch OFF. TEL:Rx from TEL FACSIMILE TRANSMITTAL FC7RM J.9.rvETE. Bvs~r, P.~a.9zBC.u Law O~~sces o Peter J. Russo, P. C. 38001GIarTret ~treet pCa~m~p (H7fZI~j)PA Z 70II Fax (7I j 3'9I I 56 S FAX 1~7UM73ER: 987-3588 RECEIVER'S NAME: Allen M Allaion TODAY'S DATE: NovcmbCr 15 2006 NO. OF PAGES INCLUDING 'THIS PAGE: 3 RE: PRsass NoN Z7as AdrJrsaa ~ msprs Peter J. Ruoo Law Offices of Peter J.Ruseo, P.C. The Chelsea Building 3800 Markot Street Camp Hill, PA 1701 1 PHONE: (717) 591-1735 SAX: (717) 591-1756 CONFTDENTIAI. Thu electronic trait, iofvrmntioa and aoy data oc atmehmeata which accompanying this transtai»ion contata information that is privileged, confidential, and/or otherwise protected and la intended for the iatbrmatioa of !be roeipieats eat tbrth above. If you are not the intended recipient of this eleotroaio trail, you ers hereby notified that any uaauthorlred distribution of the intbrtoation oontainsd herein !s aRiU1y prohibited. If you rocalve this electronic tttatl in error, please aoti#y the seeder immsdlately by reply email and deie[e the original message without fltrthx disclosure, disseminaHoa, copying or uae of this e]actroaic mall, its oente~nta or !ta atmehmea4. Thank you. yon srs not the /nronded r>.cfpfant, you ere hereby no8fied Ntst eny ursauNforized d/eMbuNon o/ Nte common/oeNOn k atria!/y ttt,f~rlr`!rr{r~~rtt~~sfli~rt~l~~~. 1 ^ Complete items i, 2, and 3. Also complete item 4 ff Restricted Delivery'is desired. ^ Print your name and addn3ss on the reverse so that we can. return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~~1~, m. ~>>.san a~3y1 Z~'~~~-y LQ~ ~--~,uS~ilr-.~z~v~k ~~~ ~~ ~'~ • ! 7 ww r+IY++ A. Signature X L~ ~G~l~l~=- B by (Printed Neme) C. Date of Delivery D. Ia delivery address different from Item 1? ^ Yes ff YES, enter delivery address bebw: $~lo a ,ype Certlfled Mail^ Mail ^ Reg(stered ••~Q Return Receipt for Merchandise ^ insured MaA ^ C.O.D. 4. Restricted Delivery? {Exba Fee) ^ Yes _.. ,. ""~~~f3'on'~~ca:"~;~. ,°~~..~~•d Q6 ,D81D QOQ6 1Q5C 6299 Form 1 ~.~,1 ~~ ~; ,.~ ~ Return Receipt 702595-02 M-1540 EXHIBIT E ~~• Building; Electrical, Mechanical •~L/ ~A/31LTJ~/ v S ~ y L G~ 3 ~ v o rnf,- .z.,«7- Si ~9C. T' {7~ 7) 987-3045 ,Z3 ~ Y 7 .CigER-rr ~tws Hus#on#own, PA 17229 /1/ d t,A~l.3JCn ~/~ ~. O O G ~.... ~~.~- T / T ~ r /4 c , r o ~ /SA ~ aF f ~2. o Pin-? Y / Y o v- l t A~ uaE ~p i . ._s+~,p =/ ~ /1 /E.S P o/vO % o. ~ }~ L l4S T L. iL Tf'1~ ~ / /v T tiJC T/rrll[ ~2AJ~'7lt A L. < b T1E0 .r o 1 H'1 N,fT~ /q SS to rrf 7~ `~' O u`n C c. / JC NTS A~s,tC ti off-- / iv ~7'i_~J~..ST1E O / n/ / ~ ~ S 0 L, V / ~. ~. g N ?~ /SS ~iLS ~ /~ /~u~~. e/-~AS ao/ ~... 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G ID'S Ja ~`~ ~ '~ -- -n-~S1'A' SS r i h'1~ w^ ?„~ ~. -T-1 L l ~ ~ /~ Uf d U.S , ~" ~ ~ ~-~,~~ ~' Carr i JN ~"~-' ~ ~ rz~4 n- ~ 7' w~ t ~ ~ D.f~ ~ T'~ v ~`'~ ~ 14 n- S }~S7-h ~'~`i c o r1'~"~ ,.r trrr- "~' S~~ T r 'TN-~ f ~ ~ r? ~~" i ~" ~ /\ ~~~ /[~ a r-'' ~ ~ r' ~"r Sit ~.. ~1 N Q ~" X ~~~ ~/ F- ~1 (/~S Ji-!> ~ s 1 D .-`~~' ._., .~ ~.~ ~,? {- ...a y ^-rf r.'; G:1 't ~. {: T't -1 ALLEN M. ALLISON, Plaintiff v. JONATHAN KEOUGH, et al., Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.05-5253 ACTION TO QUIET TITLE JUDGE KEVIN A. HESS PRAECIPE FOR WITHDRAWAL OF APPEARANCE To the Prothonotary: Please withdraw my appearance in the above-referenced matter for the Defendant Lower Allen Township. Respectfully submitted, METZGER Jd~ICKERSHAM KNAUSS & ERB, P.C. Steven F: Miner, Esquire Attorney I.D. No. 38901 3211 North Front Street PO Box 5300 Harrisburg, PA 17110-0300 Date: December ~S , 2006 PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter the appearance of Steven P. Miner, Esquire, on behalf of Defendant Lower Allen Township effective January 1, 2007. Date: December !S , 2006 Respectfully submitted, DALEY, ZU Ki; ,~LTON, MINER & GINGRICH, LLC Steven P~1Vliner, Esquire v Attorney I.D. No. 38901 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 (717) 724-9821 369075-I ~~ ~-; ~ -rti 4-- `s --i ~;~ ~ ~; o f ,j ~.~r ~. ~° y M =j r ~ rE1 . ~~ _ ~ ~~4. .a' CF3 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorneys for Defendants Michael & Marianne Beers ALLEN M. ALLISON, IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.05-5253 JONATHAN KEOUGH, et al., :CIVIL ACTION -LAW Defendants. ACTION TO QUIET TITLE PRAECIPE TO WITHDRAW DEFENDANTS SUMMARY JUDGMENT MOTION TO THE PROTHONOTARY: Kindly withdraw Defendant Beers' Motion for Summary Judgment. Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 Peter J. Russo, Esquire I.D. No. 72897 Scott A. Stein, Esquire I.D. No. 81738 Elizabeth J. Saylor, Esquire I.D. No. 200139 Date: ~ ~' CERTIFICATE OF SERVICE I hereby certify that I have on this day seared a true and correct copy of the foregoing document upon the following person, in the manner indicated: FIRST CLASS MAIL ADDRESSED TO: Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229 Steve Miner, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Kathleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 Christine Bucher 3055 Valley Road Marysville, PA 17063 Date: / ~ ~'`~~ N C"~ ~ ~-. "~ -n 1 t l " n:x ~i'1 ~. ; ~, ~ t ~ s CS + ~ C '~i _ . _ -r~ ti ` l ~ S~ p _ yiJ +~ LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, Plaintiff Attorneys for Defendants Michael and Marianne Beers IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5253 CIVIL TERM v. JONATHAN KEOUGH, et al, Defendants CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that I have scheduled for the publication of the Notice of Praecipe to Enter Judgment of Default in The Sentinel and in the Cumberland Law Journal on March 30, 2007 and have on this day served a true and correct copy of the Notice of Praecipe to Enter Judgment of Default in the above referenced matter upon the following person, in the manner indicated: FIRST CLASS MAIL Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Kathleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 Christine Bucher 3055 Valley Road Marysville, PA 17063 -. Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229 Steve Miner, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 LAW„OFFICE OF PETER J. RUSSO, P.C. BY: v - ° Date: J et E. Bush, Paralegal ~ d i~" o -r~ i:l., , _ N ~:.~ L ~ _ ` ~ ~t 9 f_ " W e. i ? r_ ~ » CJ LAW OFFICES OF PETER J. RUSSO, P.C. ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, Plaintiff, v. JONATHAN KEOUGH, et al., Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.05-5253 CIVIL ACTION -LAW ACTION TO QUIET TITLE DEFENDANTS' MOT10N FOR DEFAULT JUDGMENT MADE AS ASSIGNEES OF PLAINTIFF AND NOW, COMES The Law Offices of Peter J. Russo, P.C., counsel for Defendants Michael E. and Marianne S. Beers (hereinafter "Beers") and set forth the following: 1. Plaintiff filed a Complaint on or about October 6, 2005. 2. On October 20, 2005, upon motion of the Plaintiff, the Honorable Judge Kevin A. Hess entered an Order granting Plaintiff leave to publish notice of the filing of the quiet title action one (1) time in the Cumberland Law Journal and The Sentinel newspaper. 3. On or about November 11, 2005, acounter-claim was filed by Steven Miner, Esquire on behalf of Defendant Lower Allen Township. 4. An Affidavit and Statement of Facts verified by Jonathan and Kathleen B. Keough, and Christine Bucher, was filed on December 2, 2005. 5. On or about January 16, 2006, the undersigned counsel filed a Motion to Intervene on behalf of Defendant Beers. 6. Upon a Rule to Show Cause dated on or about January 20, 2006, a Motion to Make Absolute was granted by the Honorable Judge Kevin A. Hess on March 27, 2006, naming the Beers as party defendants. 7. On July 7, 2006, the Honorable Judge J. Wesley Oler, Jr. denied defendants Beers' and Lower Allen Township's Motion for Default Judgment. 8. On August 9, 2006, the Honorable Judge J. Wesley Oler, Jr., granted Plaintiff's counsel's request to withdraw. 9. On or about November 28, 2006, the Defendant Beers through their undersigned counsel filed a Motion for Summary Judgment. 10. On January 24, 2007, the Defendant Beers and Plaintiff entered into a Settlement Agreement, in which Plaintiff assigned his entire interest in the Quiet Title Action to the Beers. A true and correct copy of said Agreement is attached hereto as Exhibit A. 11. On February 13, 2007, notice of the Complaint was published in The Sentinel, a true and correct copy of proof of which is attached hereto as Exhibit B. 12. On February 23, 2007, notice of the Complaint was published in the Cumberland Law Journal, a true and correct copy of proof of which is attached hereto as Exhibit C. 13. On March 30, 2007, Notice of Intention to Enter Default Judgment was published in The Sentinel, a true and correct copy of proof of which is attached hereto as Exhibit D. 14. On March 30, 2007, Notice of Intention to Enter Default Judgment was published in the Cumberland Law Journal, a true and correct copy of proof of which is attached hereto as Exhibit E. 15. On March 30, 2007, Notice of Intention to Enter Default Judgment was also sent via regular mail to all interested individuals whose whereabouts are known, a true and correct copy of proof of which is attached hereto as Exhibit F. 16. No response to the Notice of Intention to Enter Default Judgment has been filed with the Court or received by undersigned counsel. 17. The following concur with this Motion for Default Judgment, as indicated by the below signatures: a. Allen Allison, Plaintiff b. Steven Miner, Esquire, counsel for Defendant Lower Allen Township c. Jonathan Keough d. Kathleen B. Keough; and e. Christine Bucher. 18. The following parties have also executed a Settlement Agreement consenting to the granting of the Plaintiff's Petition for Quiet Title: a. Allen Allison, Plaintiff b. Steven Miner, Esquire, counsel for Defendant Lower Allen Township c. Jonathan Keough d. Kathleen B. Keough; and e. Christine Bucher. A true and correct copy of said Consent Decree is attached hereto as Exhibit G. WHEREFORE, Defendants Michael E. and Marianne S. Beers, by and through their counsel, request this Honorable Court to grant Defendants' Motion for Quiet Title. Respectfully submitted, Date: ~ .~ " U7 Date: Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Christine Bucher 3055 Valley Road Marysville, PA 17063 Date: By: Law Offices of Peter J. Elizabeth J. S to , sq Attomey ID N 00139 3800 Market Street Camp Hill, PA 17011 P.C. Date: Kathleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229 Date: Steve Miner, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 Attomey for Defendant Lower Allen Township Date: WHEREFORE, Defendants Michael E. and Marianne S. Beers, by and through their counsel, request this Honorable Court to grant Defendants' Motion for Quiet Title. Respectfully submitted, Law Offices of Peter J. Russo, P.C. Date: By: Elizabeth J. Saylor, Esquire Attorney ID No. 200139 3800 Market Street Camp Hill, PA 17011 Date: Date: Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Christine Bucher 3055 Valley Road Marysville, PA 17063 Date: Date: Steve Miner, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 Attorney for Defendant Lower Allen Township Kathleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229 Date: ` ~ 7 WHEREFORE, Defendants Michael E. and Marianne S. Beers, by and through their counsel, request this Honorable Court to grant Defendants' Motion for Quiet Title. Respectfully submitted, Law Offices of Peter J. Russo, P.C. Date: By: Elizabeth J. Saylor, Esquire Attorney ID No. 200139 3800 Market Street Gamp Hill, PA 17011 Date: Date: Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Date: Christine Bucher 3055 Valley Road Marysville, PA 17063 Kathleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229 / ~.-~-' Date: ~ ~ ~ ~~ S even Miner, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 Attorney for Defendant Lower Allen Township Date: WHEREFORE, Defendants Michael E. and Marianne S. Beers, by and through their counsel, request this Honorable Court to grant Defendants' Motion for Quiet Title. Respectfully submitted, Law OfFces of Peter J. Russo, P.C. Date: By: Elizabeth J. Saylor, Esquire Attorrtiey ID No. 200139 3800 Market Street Camp Hill, PA 17011 ate: ~~% ~~~ ona h 306 Hunter Path Road Hummelstown, PA 17036 ~...~'1~,~--~ Date: 4 ~ o~ Christine Bucher 3055 Valley Road Marysville, PA x-7`0'6'3 /7~3 Date: Steven Miner, Esquire Daley Zucker Mei!tcn Miner & Gingrich, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 Attorney for Defendant Lower Allen Township ate: ~~ ~~ K hleen B. eo gh 306 Hunter Path Road Hummelstown, PA 17036 Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229 Date: LAW OFFICES OF PETER J. RUSSO, P.C. BY: ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court 1D: 200139 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 ALLEN M. ALLISON, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JONATHAN KEOUGH, et al., Defendants. N0.05-5253 CIVIL ACTION -LAW ACTION TO QUIET TITLE CERTIFICATE OF SERVICE I hereby certify that I have on this day served a true and correct copy of Defendants' Motion for Default Judgment made as Assignees of Plaintiff and attached Orders upon the following persons, in the manner indicated: FIRST CLASS MAIL Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 Attorney for Defendant Beers Steve Miner, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 Attorney for Defendant Lower Allen Township Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 EXHIBIT A SETTLEMENT AGREEMENT WHEREAS, the parties to this Settlement Agreement (hereinafter "this Agreement") are Michael E. Beers and Marianne S. Beers, husband and wife (hereinafter collectively "the Beers"), and Allen M. Allison (hereinafter "Allison"); WHEREAS, On or about October 6, 2005, Allison filed an Action to Quiet Title, in the Court of Common Pleas of Cumberland County, Pennsylvania, and docketed as CV-OS-5253 (hereinafter "Quiet Title Action"). WHEREAS, on or about March 27, 2006, the Beers were ordered party defendants to the Quiet Title Action; WHEREAS, the land subject in the Quiet Title Action is tax parcel No. 13-23- 0551-151 located in Lower Allen Township, Cumberland County, Pennsylvania (hereinafter "Subject Parcel"}; WHEREAS, the additional land subject to this agreement is tax parcel No. 13-23- 0551-152 located in Lower Allen Township, Cumberland County, Pennsylvania (hereinafter "Additional Parcel"); WHEREAS, the Beers are represented by the Law Offices of Peter 3. Russo, P.C.; WHEREAS, Allison is not represented by legal counsel; WHEREAS, the parties acknowledge that they have had an opportunity to consult with legal counsel and understand the importance of this Agreement; WHEREAS, the parties have reached a settlement contingent on the following agreed to terms which are the sole terms and shall control and bind all parties to this Agreement: SETTLEMENT AGREEMENT BEERS -- ALLISON Page 1 of 6 1. The Beers will purchase both the Subject Parcel and the Additional Parcel from Allison. 2. The total purchase price shall be EIGHT THOUSAND DOLLARS AND NO CENTS N-- ~ ~ ~~~. ($8,000.00) (hereinafter "Purchase Price")~r,, ~.~ 5~~~~ `~~~~~~- c-~ ~! ~~`'~ ~ c~ ``~C ~,;,,~~Ct~~, 3. Allison shall assign his entire interest in the Quiet Title Action to the Beers, allowing them to finalize the Quiet Title Action through their counsel and at the Beers' expense, and without interruption, objection or disturbance by Allison, directly or indirectly. 4. Allison shall promptly take all action requested by the Beers that would enable the Beers to be substituted as the Plaintiff in the Quiet Title Action. 5. Within Ten (10) days from the execution of this Agreement, Allison shall execute a Limited Power of Attorney for the purpose of pursuing the Quiet Title Action in Allison's stead, and in favor of Marianne S. Beers. 6. Within Ten (10) days from the execution of this Agreement, Allison shall convey any interest he may have in the Subject Parcel and Additional Parcel to the Beers by Quit Claim Deed. 7. Both required actions set forth in Paragraphs 5 and 6 hereto shall take place at the Law Offices of Peter J. Russo, P.C., 3800 Market Street, Camp Hill, Pennsylvania, 17011, unless otherwise agreed by the parties hereto. 8. The following shall be held in escrow by the Law Offices of Peter J. Russo, P.C., pending final resolution of the Quiet Title Action: a) the executed Quit Claim Deed for the Subject Parcel; b} the executed Quit Claim Deed for the Additional Parcel; and c) the Purchase Price. SETTLEMENT AGREEMENT BEERS -- ALLISON Page 2 of 6 9. This Agreement may be terminated by the Beers if the Beers are unable to prevail in the Quiet Title Action and/or if a title search reveals outstanding liens placed upon the property by Allison. 10. If any portion of this Agreement shall be held invalid or inoperative, then, so far as is reasonable and possible: (a) The remainder of this Agreement shall be considered valid and operative, and (b) Effect shall be given to the intent manifested by the portion held invalid or inoperative. 11. This Agreement shall bind the parties, their spouses, their heirs, personal representatives and assigns. 12. The parties to this Agreement have hereunto set their hands and seals on the day and year below written. IN WITNESS WHEREOF, this Agreement has been executed and witnessed on the day and year set forth below Man a S. Beers Date .~~~~~~~~ f'~~~ ~A~~~ Michael E. Beers Date G~P.G~. %a ~ n 7 S `~ Allen M. Allison Date SETTLEMENT AGREEMENT BEERS -- ALLISON Page 3 of 6 STATE OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, the 24th day of January, 2007, before me, a Notary Public, personally appeared Allen M. Allison, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that the declarant executed the same for the purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal. Notary Public 1 Nr,.tari7l seal irici2 ~ Eifaa ub. Notary Public WGmpcanri ~~Nt~., Cumberland County My Camr,isaic~~~ ~x~>ir~s pct. 21, 2009 Member, t'Eri!~~y~,~;i~{~~ !a ,sociation of Notaries SETTLEMENT AGREEMENT BEERS -- ALLISON Page 4 of 6 STATE OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND On this, the 24th day of January, 200?, before me, a Notary Public, personally appeared Marianne S. Beers, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that the declarant executed the same for the purposes therein contained. IN WITNESS WHEREOF I hereunto set my hand and official seal. ,.~ ^,> ~,I` Notary P lic sai~2~oN;o uo~leroossy eiuen~dsuued `~egweyy 600z' lZ 7ap saaidx~ uoiss~uawo~ ~W ~uno~ pue~~agwn~ `.cln,tl uapd~u2H ailgnd tielo~ `gnzaa~ •W epui~ faaS ~e:aa;o~ dlN~d!11,A5h~thl~~ -i0 ! :?.rye;+=:in.~NOWWC)~ SETTLEMENT AGREEMENT BEERS -- ALLISON Page 5 of 6 ~' (. STATE OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND On this, the 24~' day of January, 2007, before me, a Notary Public, personally appeared Michael E. Beers, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that the declarant executed the same for the purposes therein contained. IN WITNESS WHEREOF I hereunto set ~ hand and official r f/! '~' Notary Public __ __ ~E~t~ltvf~lEVWcF~ITH G~ i'~1~1lVSYLVANfA Natati~ia! Seal Linda M, BePZUb, Notary Public H~mjaden "!'wp. C,umberland Gounty Nfy ~bmmit3 aiC)n Fx~ires (fit. 21, 2009 Membr~r, Fenn ~ylv~ma Association of Notaries SETTLEMENT AGREEMENT BEERS -- ALLISON Page 6 of 6 EXH~B~T B .t ~----~ ~~ PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertising Manaj7er , of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) February 13, 2007 COPY OF NOTICE OF PUBLICATION NOTICE •,` In-the Court of Common Pleas of . -:~~, ~ x~~~ ~'CumberlandCounty, Pennsylvania ' ` ~""°' """""~ . . , ~ No. 05-5253 ALLEN M. ALLISON, PLAINTIFF - _ . vs: JONATHAN KEOUGH,,individually,JONATHAN KEOUGH, executor ofthe ESTATE of JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH,KATHLEEN B. KEOUGH,J.C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER; WILLIAM B.'BUCHER, CHRISTINE BUCHER, Administratrlx d.b.n.c.t.a. of the ESTATE of JOHN C. BUCHER,- Admin'istratrix d.b.'n.c.t.a: of'the ESTATE of CAROLINE BUCHER, and executrix of The ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, :., JOHN JOSEPHBUCHER,•SUZANNE BUCHER, _ ~° PATRICIA SUZANNE HAMMAKER f!k/a PATRICIA SUZANNE BUCHER, ~' , DOUGLAS GENE HAMMAKER, CARRIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors"successors and assigns, MICHAEL E. BEERS, MARIANNE S. BEERS, 'aniJ ANY OTHERPER$ON HAVING OR CLAIMING ANY RIGHT, ~; TITLE, 0R INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT, DEFENDANTS ' - ACTION TO QUIET TITLE l -;. 'o: JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the '' ESTATE of JOHN E; ICEOUGH,'JOHN E: KEOUGH, JANET G: KEOUGH, KATHLEEN B. KEOUGH, J.C. BUCHER, JOHN C. BUCHER; CAROLINE 'BUCHER, WILLIAM B. BUCHER, CHRISTINE BUCHER, Administratrix d.b.n.c.t.a. of the ESTATE of JOHN C. BUCHER, Adminlstratrfx d.b:n.c.t:a: of he ESTATE of CAROLINE BUCHER, and executrix of The ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CARRIE LYNN' BUCHER, and the. TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors successors and assigns, MICHAEL E. BEERS, MARIANNE S. BEERS. and ANY OTHER RERSON HAVING OR CLAIMING ANY FjIGHT, TITLE, OR ` INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR-OWN RIGHT 'ou are notified that the Plaintiff, Allen M. Allison has commenced a Quiet Title Action against you entered to Civil Action Number 05-5253 in the Court of Common Pleas of Cumberland County Pennsylvania, which you are required to defend. 'you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that If `you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or otherrights important to you. (OU 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. =YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. n.....~-...~....-~ n~....a.. o... w........~..a__ . Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 14~. day of February, 2007. Notary Pub My commission expires: ~ ~1 l ~~S COMMONWEALTH OF PENNSYLVANIA Notarial Seal Christina L. Wolfe, Notary Public Carlisle Boro, Cumberland County My Canmissian Expires Sept. 1,2008 Member. Pennsylvania Association Ot Notaries ~ NOTiCE ' : '~ In the court of conimor, Pleas of Affiant further deposes that he/she is not cumber-and county, Pennsylvania `~' tl ,'" interested in the subject matter of the Ivo. 05-5253 ` ~ aforesaid notice or advertisement, and that '~ ALLEN M. a,~usoN, PLAINTIFF ~ all allegations in the foregoing statement `' ~s. ~ ~ as to time, place and character of ' JONATHAN KEOUGH, individuaNy,JONATHAN KEOUGH, ublication are true executor ofthe ESTATE of JOHN E. KEOUGH, p . JOHN E. KEOUGH, JANET G. KEOUGH,KATHLEEN B. KEOUGH, J.C. BUCHER; JOHN C. BUCHER, CAROLINE BUCHER, WILLIAM B. BUCHER, CHRISTINE Administratrix d.b.n.c.t.a, of the ESTATE of JQHN C. BUCHER, BUCHER , Administratrix d.b:n.c.t.a: of the ESTATE of CAROLINE BUCHER, and executrix of The ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPHBUCHER,~3UZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, ` DOUGLAS GENE HAMMAKER, CARRIE LYNN BUCHER, "'' and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, , executors successors and assigns, MICHAEL E. BEERS, MARIANNE S. BEERS, Sworn to and subscribed before me this and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT, DEFENDANTS„ ~ 14~. da of Februar 2007. Y Y~ ACTION TO QUIET TITLE:: j 70 JONATHAN KEOUGH, iridividuelly, JONATHAN iCEOUGIi executor of the ' ESTATE of JOHN E, KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH; '.-KATHLEEN B. KEOUGH, J:C. BUCHER, JOHN C. BUCHER, CAROLINE' NOtar37 PUb ' BUCHER, WILLIAM B: BUCHER, CHRISTINE BUCHER, Administratrix , ; d.b.n.c.t.a: ofthe ESTATE of JOHN C. BUCHER, Administratrix d.b:n.c.t.a: of ` he ESTATE of CAROLINE BUCHER, and executrix of The ESTATE of WILLIAM B. BUCHER; DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER; SUZANNE PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE ' BUCHER , BUCHER, DOUGLAS GENE HAMMAKER, CARRIE LYNN BUCHER, and the. TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors ~ /1 ~~~ i fir M successors and asst ns, MICHAEL E. BEERS, MARIANNE S. BEERS and TITLE OR ' " G OR CLAIMING ANY BIGHT ~ SSlOn eX COmm es: y p ., , N HAVIN ANY QTHER PERS INTEREST UNDER THE NAMED DEFENDANTS OR iN THEIR OWN RIGHT ' `~~`"~ '~ ~ COMMCNWEAl.7H O~ PENNSYLVANIA You are notified that the Plaintiff, Alien M. Allison has commenced a Quiet Title Actioh ' Notarial Seal against you entered to. Civil •Action Number 05-5253 in the Court of Common Pleas t;,ttrisdna L. Wolfe, Notary Public of Cumberland County Pennsylvania, which you are required to defend. ~~~ F3Uro r^.,ttrnbertartd COUtlty If you wish to defend, you must enter a`written appearance personally or by attorney My Ctxnmission Expires Sept 1, 2008 and file your defenses or objections in writing with the'court, You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered ' Member. Pennsylvania Association Of Notaries - against you without further notice for the 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... _ , I IF YOU CANNOT AFFdRD 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-0R NO FEE., ~• Cumberland County Bar Association `. 32 South Bedtord Street Carlisle, PA 17013 717-249-3166 This action concerns the land here described: ALL THAT CERTAIN tract or parcel of fend situate in Lower Allen Township, County. of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the westerly side of Park Place at the'dividing line between lots Nos. i and 2 Section "D", on the plan of lots referred to hereinafter, thence': along said westernline in a northerly direction, North 05 degree 00 minutes Went, a distance of 59.29 feet to the Place of BEGINNING; thence along a curve to the left having a radius of 20 feet; an arc length of 30.52 feet to a point along lands now ` ` or formerly of Charles Sampson; thence along said lands North 89 degrees 43 minutes West, a distance of 96.05 Feet to a point at line of lands now or formerly of Edward Q. Allison, Sr.; thence by said last mentioned lands, North 02 degrees 17 minutes West, a distance of 50.05 feet to a point at line of lands now or formerly of Royer's Flowers; thence by said last mentioned lands, South 89 degrees 43 ` minutes East, a distance of 115.17 feet to a point on the northerly side of Sherman Road; thence along the westerly line of said road, South 02 degrees 17 minutes East, a distance of 69.17 feet to the place of BEGINNING. ` BEING the same tract of land granted and conveyed by, Christine Bucher and Jonathan E. Keough to Allen M. Allison by Quit Claim Deed dated December 18, 2001 and recorded December 18, 2001 in the Cumberland County Recorder of ;; Deeds Office in Record Book 249 Page 3315. Being part of Tax Parcel Number 13-23-0551-152: - By:Thomas Kline Sheriff The Law Offices of Peter J. Russo, P.C. '- 3800 Market Street . - - - !'`emn Vill DA ~7A1~ ~ ... ~ .. - EXHIBIT C CUMBERLAND LAW JOURNAL NOTICE ]:n the Court of Common Pleas of Cumberland County, Pennsylvania No.: 05-5253 ALLEN M. ALLISON, PLAINTIFF vs. JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE of JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, KATHLEEN B. KEOUGH, J.C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER, WILLIAM B. BUCHER, CHRISTINE BUCHER, Administratrix d.b.n.c.t.a. of the ESTATE of JOHN C. BUCHER, Administratrix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER,SUZANNE BUCHER, PATRICIA SUZANNE Hf~-MMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CABBIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors successors and assigns, MICHAEL E. BEERS, IvL~RMNE S. BEERS and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT, DEFENDANTS ACTION TO (,QUIET TITLE To: JONATHAN KEOUGH, individu- ally, JONATHAN KEOUGH, ex- ecutor of the ESTATE of JOHN E. KEOUGH, JOHN E. KE- OUGH, JANET G. KEOUGH, KATHLEEN B. KEOUGH, J.C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER. WILLIAM B. BUCHER, CHRISTINE BUCH- ER, Administratrix d.b.n.c.t.a. of the ESTATE of JOHN C. BUCHER, Administratrix d.b.n.- c.t.a. of the ESTATE of CARO- LINE BUCHER, and executrix of the ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCH- ER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CABBIE LYNN BUCHER. and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors suc- cessors and assigns, MICHAEL E. BEERS, MARIANNE S. BEERS and ANY OTHER PER- SON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTER- EST UNDER THE NAMED DE- FENDANTS OR IN THEIR OWN RIGHT You are noti$ed that the Plain- tiff, Allen M. Allison has commenced a 9uiet Title Action against you en- tered to Civil Action Number 05- 5253 in the Court of Common Pleas of Cumberland County Pennsylva- nia, which you are required to de- fend. If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with 3 CUMBERLAND LAW JOURNAL the court. You are wazned that if you fail to do so the case may pro- ceed without you and a judgment may be entered against you without further notice for the relief re- quested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OF- FICE 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 LE- GAL SERVICES TO ELIGIBLE PER- SONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 This action concerns the land here described: ALL THAT CERTAIN tract or paz- cel of land situate in Lower Allen Township, County of Cumberland, and Commonwealth of Pennsylva- nia, more particularly described as follows: BEGINNING at a goint on the westerly side of Park Place at the dividing line between lots Nos. 1 and 2 Section "D", on the plan of lots referred to hereinafter; thence along said western line iii a northerly di- rection, North 05 degree 00 min- utes West, a distance of 59.29 feet to the Place of BEGINNING; thence along a curve to the left having a radius of 20 feet, an arc length of 30.52 feet to a point along lands now or formerly of Charles Sampson; thence along said lands North 89 degrees 43 minutes West, a distance of 96.05 feet to a point at line of lands now or formerly of Edward g. Allison, Sr.; thence by said last mentioned lands, North 02 degrees 17 minutes West, a distance of 50.05 feet to a point at line of lands now or formerly of Royer's Flowers; thence by said last mentioned lands, South 89 degrees 43 minutes East. a distance of 115.17 feet to a point an the northerly side of Sherman Road; thence along the westerly line of said road, South 02 degrees 17 minutes East, a distance of 69.17 feet to the place of BEGINNING. BEING the same tract of land granted and conveyed by Christine Bucher and Jonathan E. Keough to Allen M. Allison by gait Claim Deed dated December 1$, 2001 and re- corded December 18, 2001 in the Cumberland County Recorder of Deeds Office in Record Book 249 Page 3315. Being part of Tax Parcel Number 13-23-0551-152. By: Thomas Kline, Sheriff THE LAW OFFICES OF PETER J. RUSSO, P.C. 3800 Market Street Camp Hill; PA 17011 Feb. 23 4 EXHIBIT D PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Advertisin Manager , of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) March 30, 2007 COPY OF NOTICE OF PUBLICATION NOTICE r In the Court of Common Pleas of Cumberland County, Pennsylvania No. 05-5253 ALLEN M. ALLISON, PLAINTIFF ~s. JONATHAN KEOUGH, et al., DEPENDENTS To: JONATHAN KEOUGH, individually, JONATHAN KEOUGH, executor of the ESTATE of JOHN E. KEOUGH, JOHN E. KEOUGH, JANET. G, KEOUGH, KATHLEEN B. KEOUGH, J.C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER, WILLIAM B. BUCHER, CHRISTINE BUCHER, Administratrix d.b.n.c.t.a. of the ESTATE of JOHN C. BUCHER, Administratrix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and executrix of The ESTATE of WILLIAM B. BUCHER, DAVID ALLEN BUCHER, JOHN JOSEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CARRIE LYNN BUCHER, and the TOWNSHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors successors and assigns, MICHAEL E. BEERS, MARIANNE S. BEERS. and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST_UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT Date of Notice: March 30, 2007 IMPORTANT NOTICE Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character ~f publication are true. ~~~ Sworn to and subscribed before me this 03rd. day of April, 2007. - - ~~ 1tiTOtary Pub i YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO 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 1-800-990-9108 My commission expires: ~~ ~ ~~ COMMONWEALi'H OF PENNSYLVANIA Notarial Seal Christina L. Woi€s, Notary Public Carlisle Boro, Cui~tbeeriarrd County My Commission Expires sepk 1,2018 Member, Pennsylvania Rsscaclation Of Notaries The Law Offices of Peter J. Russo, P.C. . 3800 Market Street Camp Hill, PA 17011 EXHIBIT E CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania No. 05-5253 ALLEN M. ALLISON, PLAINTIFF vs. JONATHAN KEOUGH, et al., DEFENDENTS To: JONATHAN KEOUGH, individu- ally, JONATHAN KEOUGH, ex- ecutor of the ESTATE of JOHN E. KEOUGH, JOHN E. KEOUGH, JANET G. KEOUGH, KATHLEEN B. KEOUGH, J.C. BUCHER, JOHN C. BUCHER, CAROLINE BUCHER, WILLIAM B. BUCHER, CHRISTINE BUCHER, Administratrix d.b.n.c.t.a. of the ESTATE of JOHN C. BUCHER, Administra- trix d.b.n.c.t.a. of the ESTATE of CAROLINE BUCHER, and ex- ecutrix of The ESTATE of WIL- LIAM 8. BUCHER, DAVID ALLEN BUCHER, JOHN JO- SEPH BUCHER, SUZANNE BUCHER, PATRICIA SUZANNE HAMMAKER f/k/a PATRICIA SUZANNE BUCHER, DOUGLAS GENE HAMMAKER, CARRIE LYNN BUCHER, and the TOWN- SHIP OF LOWER ALLEN, their heirs, devisees, administrators, executors successors and as- signs, MICHAEL E. BEERS, MARIANNE S. BEERS and ANY OTHER PERSON HAVING OR CLAIMING ANY RIGHT, TITLE, OR INTEREST UNDER THE NAMED DEFENDANTS OR IN THEIR OWN RIGHT Date of Notice: March 30, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BE- CAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OB- JECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEAR- ING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPOR- TANT RIGHTS. YOU SHOULD TAKE THIS PA- PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OF- FICE 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 LE- GAL SERVICES TO ELIGIBLE PER- SONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 THE LAW OFFICES OF PETER J. RUSSO, P.C. 3800 Market Street Camg Hill, PA 17011 Mar. 30 EXHIBIT F . LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011 (717} 591-1755 ALLEN M. ALLISON, . Plaintiff v. JONATHAN KEOUGH, et al, : Defendants : Attorneys for Defendants Michael and Marianne Beers IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5253 CIVIL TERM CIVIL ACTION -LAW CERTIFICATE OF SERVICE I hereby certify that I have scheduled for the publication of the Notice of Praecipe to Enter Judgment of Default in The Sentinel and in the Cumberland Law Journal on March 30, 2007 and have on this day served a true and correct copy of the Notice of Praecipe to Enter Judgment of Default in the above referenced matter upon the following person, in the manner indicated: FIRST CLASS MAIL Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 ~~, ~ c_':. ~_~ ~ ~, -n Kathleen B. Keough i-;~; , ~ `'`~ ~ Jam' -~, ~ 306 Hunter Path Road __ <= ~~ y 17 ~r1 f t~s Hummelstown PA 17036 ~~" ~'~ ' r~ °y~ ~.', , ~ _ _ -~ , _~_ ~.r; Christine Bucher =~~=!'-~ . ~' ~ "~ 3055 Valley Road -_; ~ = ~; ~.~ :; Marysville, PA 17063 ~" ~ `~ Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229 Steve Miner, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 LAW„OFFICE OF PETER J. RUSSO, P.C. BY: - ~ ~ ? Date: J et E. Bush, Paralegal EXHIBIT G LAW OFFICES OF PETER J. RUSSO, P.C. ELIZABETH J. SAYLOR, ESQUIRE PA Supreme Court ID: 200139 3800 Market Street Camp Hill, PA 17011. (717) 591-1755 ALLEN M. ALLISON, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. N0.05-5253 JONATHAN KEOUGH, et al., CIVIL ACTION -LAW Defendants. ACTION TO QUIET TITLE SETTLEMENT AGREEMENT AND NOW, COMES The Law Offices of Peter J. Russo, P.C., counsel for Defendants Michael E. and Marianne S. Beers (hereinafter "Beers") sets forth the following: RECITALS WHEREAS, Plaintiff filed a Complaint in the above-captioned matter on or about October 6, 2005. WHEREAS, The property in dispute in this matter is 13-23-0551-152. WHEREAS, On or about November 11, 2005, acounter-claim was filed by Steven Miner, Esquire on behalf of Defendant Lower Allen Township. WHEREAS, An Affidavit and Statement of Facts verified by Jonathan and Kathleen B. Keough, and Christine Bucher, was filed on December 2, 2005. WHEREAS. Upon a Rule to Show Cause dated on or about January 20, 2006, a Motion to Make Absolute was granted by the Honorable Judge Kevin A. Hess on March 27, 2006, naming the Beers as party defendants. WHEREAS, On or about November 28, 2006, the Defendant Beers through their undersigned counsel filed a Motion for Summary Judgment. WHEREAS, On January 24, 2007, the Defendant Beers and Plaintiff entered into a Settlement Agreement, in which Plaintiff assigned his entire interest in the Quiet Title Action to the Beers. WHEREAS, The parties have filed a Motion for Default Judgment based on the failure to respond by all unnamed parties in the above-captioned matter. WHEREAS, The Plaintiff has assigned his interest in the above-captioned matter to Defendants, Michael E. Beers and Marianne S. Beers. WHEREAS, The parties in the above-captioned matter have spent time to set forth their various legal arguments and have ultimately decided that it is in all parties' interest to terminate litigation with the entry of an Order granting the Quiet Title Petition. WHEREAS, All parties agree and acknowledge that pursuant to the Assignment Agreement between Plaintiff and Defendants, Michael E. Beers and Marianne S. Beers, the granting of the Quiet Title petition would effectively give title to the subject property to Defendants, Michael E. Beers and Marianne S. Beers. NOW THEREFORE, in consideration of the covenants made herein, the undersigned parties agree as follows: 1. The purpose of this Settlement Agreement and Release is to resolve title questions to the disputed property only between the subscribing parties, without full adjudication of all possible claims. The intent being to ultimately transfer title to the subject real estate to Defendants, Michael E. Beers and Marianne S. Beers. 2. The parties recognize that this Consent Decree will be presented to the Court and a final Order shall be issued granting the Quiet Title action filed by the Plaintiff. 3. The parties shall bear their own costs and attorney's fees in the resolution of this dispute and the dismissal of the above-captioned cause of action; 4. Plaintiff, Allen M. Allison by and through his Assignees, Defendants, Michael E. Beers and Marianne S. Beers, hereby accept the property set forth in Schedule A and all other parties hereby disclaim any interest in said real property. 5. Upon the execution and filing of the Deed transferring all interest in the subject property onto Defendants, Michael E. Beers and Marianne S. Beers. Defendants Beers shall simultaneously file a Deed of Easement in favor of Defendant Lower Allen Township. 6. All subscribing parties agree to dismiss the above-captioned action including all cross claims, counter claims and new matter regardless of the nature of said claims, without prejudice, incorporating the terms of this Agreement. 7. The terms and conditions of this Agreement do not constitute an admission of liability by any party and shall not be used by any of the above-described parties in any future claim against any party, their officers, agents, employees, representatives, or owners. 8. Upon the filing of a final Deed transferring all interest in the subject property onto Defendants, Michael E. Beers and Marianne S. Beers, all parties hereby release, acquit, and forever discharge each of the subscribing parties to this Agreement, as well as their officers, agents, employees, representatives, and owners finally and completely, from any and all actions, causes of actions and claims arising out of or in any way related to the above-captioned litigation. 9. This Agreement constitutes the entire agreement between the subscribing parties and its provisions are contractual in nature and not merely recitals. 10. The validity, construction, interpretation, and administration of this Agreement shall be governed by the substantive laws of the Commonwealth of Pennsylvania. 11. This Agreement shall not be modified or amended except by an instrument in writing signed by the subscribing parties. 12. This Settlement Agreement may be executed in one or more counterparts or by facsimile, each of which when executed and delivered shall be an original, and all of which when executed shall constitute one and the same instruments. 13. The subscribing parties warrant that their signatory executing this Agreement has all necessary power to execute and deliver such a document; and that this Agreement constitutes a valid, binding agreement, enforceable in accordance with its terms. ~_~~~~, ~ Date: Michael E. Beers Date: Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Christine Bucher 3055 Valley Road Marysville, PA 17063 Date: Steve Miner, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 Attorney for Defendant Lower Allen Township Date: / ~ ~~ `~~ ~ _3~, _G7 .~ -~ Date: y ianne S. Beers ~~ -~ 7 Date: Kathleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229 Date: 13. The subscribing parties warrant that their signatory executing this Agreement has all necessary power to execute and deliver such a document; and that this Agreement constitutes a valid, binding agreement, enforceable in accordance with its terms. Michael E. Beers Date: Marianne S. Beers Date: Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Christine Bucher 3055 Valley Road Marysville, PA 17063 Date: Date: Kathleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 Date: ~GP~..,.. ~~ Date: %f ~7' Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229 Date: Steve Miner, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 Attorney for Defendant Lower Allen Township 13. The subscribing parties warrant that their signatory executing this Agreement has all necessary power to execute and deliver such a document; and that this Agreement constitutes a valid, binding agreement, enforceable in accordance with its terms. Date: Date: Michael E. Beers Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Christine Bucher 3055 Valley Road Marysville, PA 17063 Marianne S. Beers Date: Date: Kathleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 Date: Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229 r L~`~---- Date: `-~ / .~ ~ St ven Miner, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 Attorney for Defendant Lower Allen Township Date: 13. The subscribing parties warrant that their signatory executing this Agreement has all necessary power to execute and deliver such a document; and that this Agreement constitutes a valid, binding agreement, enforceable in accordance with its terms. Date: Date: Michael E. Beers Date: ~ ~i Z~c 7 Jon~l 306~FTunter oad Hummelstown, PA 17036 ~~,..~.~.1~,, ~~ ~ Date: 4 a o7 Christine Bucher 3055 Valley Road Marysville, PA 170 i~~~~3 Date: Steven Miner, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 Attorney for Defendant Lower Allen Township Marianne S. Beers i , ate: D~ K hleen B. eo gh 306 Hunter Path Road Hummelstown, PA 17036 Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229 Date: SCHEDULE A Cumberland County Tax Parcel Number 13-23-0551-152 ALL THAT CERTAIN tract or parcel of land situate in Lower Allen Township, County of Cumberland, and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING At a point on the westerly side of Park Place at the dividing line between lots Nos. 1~ and 2, Section "D", on the plan of lots referred to hereinafter; thence along said western line in a northerly direction, North 05 degree 00 minutes West, a distance of 59.29 feet to the Place of BEGINNING; thence along a curve to the left having a radius of 20 feet, an arc length of 30.52 feet to a point along lands now or formerly of Charles Sampson; thence along said lands North 89 degrees 43 minutes West, a distance of 96.05 feet to a point at line of lands now or formerly of Edward Q. Allison, Sr.; thence by said last mentioned lands, North 02 degrees 17 minutes West, a distance of 50.05 feet to a point at line of lands now or formerly of Royer's Flowers; thence by said fast mentioned lands, South 89 degrees 43 minutes East, a distance of 115.17 feet to a point on the northerly side of Sherman Road; thence along the westerly line of said road, South 02 degrees 17 minutes East, a distance of 69.17 feet to the Place of BEGINNING. Being shown on the western end of a proposed Sherman Road, such parcel never developed and such section of road never being constructed and/or accepted as such, and being adjacent to Lot #1, Section "D", on the plan of Linden Gardens, which said plan is dated October 8, 1954, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 6, Page 49. r'`' -~~ Q ~...,, +~ _. _.. .~ ~. .. _.,i.. f ~'1 } 1 r,~ '~, ~> ~-~ __._ -5 -y - "C ~. M t ALLEN M. ALLISON, Plaintiff, v. JONATHAN KEOUGH, et al., Defendants. i MAY 0 3 2007 (~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.05-5253 CIVIL ACTION -LAW ACTION TO QUIET TITLE ORDER AND NOW, to wit, this ~ (z. tl~ _ day of YV~, ~ 2007, upon consideration of Defendants' Motion for Default Judgment Made As Assignees For Plaintiff as to all defendants, known or unknown, and the Settlement Agreement executed by defendants Lower Allen Township, Michael and Marianne Beers, Jonathan and Kathleen B. Keough, and Christine Bucher, it is hereby Ordered and Decreed that Allen M. Allison's Petition for Quiet Title is GRANTED. BY THE COURT, J./'~lesley Oler, J f,,~ Judl~e(i- . ~! f~'li 1 l't,~1~r ~-~4~ t~ . ~ :`+ ~r~'1 ~l~.jA~ ;~'? ~' A'tT~; { ~ ; `: i _' ~1~1 ~d _..,. .. _ ,.. ..'t Distribution List: Elizabeth J. Saylor, Esquire Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 Attorney for Defendant Beers Steven Miner, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1035 Mumma Road, Suite 101 Wormleysburg, PA 17043 Attorney for Defendant Lower Allen Township Jonathan Keough 306 Hunter Path Road Hummelstown, PA 17036 Kathleen B. Keough 306 Hunter Path Road Hummelstown, PA 17036 Christine Bucher 3055 Valley Road Marysville, PA 17053 Allen M. Allison 23247 Liberty Lane Hustontown, PA 17229