HomeMy WebLinkAbout06-1621IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ELIZABETH MADIGAN,
1235 Lindy Terrace
Boiling Springs, Pennsylvania 17007
Plaintiff
No. V (o - ) (, 0), I
l?l vi L
V.
RICHARD C. MOORE and MAUREEN MOORE,
his wife,
1239 Lindy Terrace
Boiling Springs, Pennsylvania 17007
Defendants
CIVIL ACTION - LAW
PRAECIPE FOR WRIT OF SUMMONS
TO THE PROTHONOTARY OF SAID COURT:
Please issue writ of summons in the above-captioned action.
Writ of Summons shall be issued and forwarded to ( ) Attorney ( X ) Sheriff
/KNIGHT & ASSOCIATES, P.C.
Date:
Gregory H. Knight, Esquire
Attorney I.D. No. 30622
I 1 Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN
ACTION AGAINST YOU.
Date: ffins Q Il nL
( ) Check here if reverse is issued for additional information.
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ELIZABETH MADIGAN, No. 06-1621 Civil Term
Plaintiff
V. CIVIL ACTION - LAW
RICHARD C. MOORE and MAUREEN MOORE,
his wife,
Defendants
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so the case may proceed without you and a judgment maybe entered against you by the court without
further notice for any money claimed in the complaint or for any other claim or relief requested by
the plaintiff. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas
expuestas en las paginas siguientes, usted tiene viente (20) dial de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o per abogado
y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su
persona, Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden
contra usted sin previo aviso o notificacion y por cualguier quej a o alivio que es pedido en la peticion
de demanda. Usted puede perder dinero o sus propiendades o otros derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. S1 NO TIENE
ABOGADO O SI NO TIENE EL DINERO SOFICIENTE DE PAGAR TAL SERVICO,
VAYA EN PERSONAL O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
(717) 249-3166
KNIGHT & ASSOCIATES, P.C.
Gregory H. Knight, Esquire
Attorney I.D. No. 30622
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ELIZABETH MADIGAN,
Plaintiff
V.
RICHARD C. MOORE and MAUREEN MOORE,
his wife,
Defendants
COMPLAINT
No. 06-1621 Civil Term
CIVIL ACTION - LAW
AND NOW, this 12 day of April 2006, comes the Plaintiff, Elizabeth Madigan, by and
through her counsel, Knight & Associates, P.C. and Gregory H. Knight, Esquire, to file a Complaint,
in support of which the following statements are made:
1. Plaintiff Elizabeth Madigan is a adult citizen of the Commonwealth of Pennsylvania
and resides at property she owns at 1235 Lindy Terrace, Boiling Springs, Pennsylvania 17007.
2. Defendants Richard C. Moore and Maureen Moore, husband and wife, are adult
citizens of the Commonwealth of Pennsylvania and reside at property they own at 1239 Lindy
Terrace, Boiling Springs, Pennsylvania 17007.
3. Plaintiff and Defendants are neighbors in the development known as White Rock
Acres with Defendants' property located at a higher elevation and immediately adjoining Plaintiff's
property.
4. Plaintiff moved into her residence at 1235 Lindy Terrace on July 1, 1994.
5. In the Spring of 1996 when Plaintiff noticed, for the first time, storm water flowing
onto her property at a rate and in an amount that exceeded the natural flow of storm water, she
decided to construct several features on her property in an attempt, to direct the surface flow away
from or around her residence and toward Lindy Terrace.
6. In April 2002, the Plaintiff concluded that the attempt noted in paragraph 5 was
unsuccessful as she was continuing to notice problems resulting from a saturated backyard.
Plaintiff again investigated the storm waterproblem and traced the excessive amounts
of storm water flowing onto her property to the boundary between her property and the Defendants'
property where she saw that Defendants had constructed a swale filled with rock and a discharge pipe
by which storm water was directed away from Defendants' property and discharged at a point close
to Plaintiff's property.
8. By gravity and the topography of the land, storm water flowed from the point of
discharge directly onto Plaintiff's property.
9. A day after Plaintiff discovered the rock filled swale and discharge pipe, she
contacted the Defendants and requested that they take action to stop the channeling of storm water
onto her property.
10. Defendants' first response was that the swale they constructed was built in accordance
with measures approved by the Township and when Plaintiff later told Defendants that she checked
with the Township and was told that their swale did not have Township approval, the Defendants
told the Plaintiff that there was nothing they would do to help her.
11. As a result of the channeling of storm water by the Defendants from their property
onto the Plaintiffs property, Plaintiff has suffered damages to her house, including the foundation
of the sunroom which is the closest part of her residence to the discharge of storm water by the
Defendants.
12, The Plaintiff has spent almost $12,000.00 and will likely spend another $3,000.00
or more to investigate and to repair storm water damage.
13. On or about June 2005 Plaintiff noticed for the first time since 1996 that excessive
amounts of storm water were no longer flowing onto her property and she also noticed that
Defendant had constructed what appeared to be a second Swale on the other side of Defendants'
house, that is the side of the Defendants' house opposite the Plaintiffs property.
14. From the June 2005 date noted in paragraph 13 above until late December 2005, the
Plaintiff noticed that excessive amounts of storm water no longer flowed onto her property from the
swale and pipe noted in paragraph 7 above but she did note that storm water was flowing from the
second Swale, noted in paragraph 13 above.
15. On or about December 28, 2005 Plaintiff noted excessive amounts of storm water
flowing onto her property and after further investigation discovered that storm water was no longer
flowing from the second swale but was again flowing from the first swale constructed by Defendant
as noted in paragraph 7 above.
16. Plaintiff again requested, through her counsel, that the Defendants stop the channeling
of storm water onto her property but the Defendants have again refused to correct the flow of storm
water from their property onto Plaintiff s property.
17. Based on the Defendants' continued refusal, the Plaintiff has contacted a home repair
expert to reinspect the repairs already paid for or contracted for to advise her whether additional
repairs are now needed because of the Defendants' conduct.
COUNTI
COMMON LAW NUISANCE
18. Paragraphs 1 through 17 above are incorporated herein by reference.
19. The channeling of storm water by the Defendants from their property onto the
Plaintiff's property constitutes a public nuisance for which the Defendants are liable for all resulting
damages.
20. As set forth in paragraphs 12 and 17 above, the Plaintiff has suffered damages in an
amount which does not exceed the compulsory arbitration limit for Cumberland County,
Pennsylvania.
WHEREFORE, the Plaintiff requests judgment against the Defendants in the full amount
requested in Count I, plus counsel fees and such other relief as the Court deems just and appropriate.
COUNT II
COMMON LAW TRESPASS
21. Paragraphs 1 through 20 above are incorporated herein by reference.
22. The channeling of storm water by the Defendants from their property onto the
Plaintiff's property constitutes a trespass for which the Defendants are liable for all resulting
damages.
23. As set forth in paragraphs 12 and 17 above, the Plaintiff has suffered damages in an
amount which does not exceed the compulsory arbitration limit for Cumberland County,
Pennsylvania.
WHEREFORE, the Plaintiff requests judgment against the Defendants in the full amount
requested in Count U, plus counsel fees and such other relief as the Court deems just and appropriate.
COUNT III
BREACH OF COVENANT
24. Paragraphs I through 23 above are incorporated herein by reference.
25. Every owner of property in White Rock Acres agreed, as a condition of purchase of
a lot or lots in that development, to abide by conditions detailed in a document entitled "Revision
No. 4 Covenants, Restrictions and Reservations Applicable to White Rock Acres Development Penn
Products Corporation, Developer effective November 15, 1999 (revision #4)" (Covenants). See
Exhibit A attached.
26. As stated in the initial paragraph of the Covenants, "[t]he grantees of each and every
lot hereafter conveyed by Penn Products Corporation from said plans, by acceptance of such deed,
do hereby acknowledge that said covenants, restrictions and reservations shall be binding upon them,
their heirs, personal representatives and assigns for the period herein set forth."
27. As stated in paragraph 8 of the Covenants "[a]ll roof drainage, surface waters, water
from floor drains, sump pumps and all other drainage shall be disposed of within the confines of the
lot, and the discharge of any such waters or drainage into the sanitary sewage lines or onto another
lot is strictly prohibited." [Emphasis Added]
28. As stated in paragraph 23 of the Covenants, "[t]he Developer as well as each lot
owner shall have the right to enforce these covenants, restrictions and reservations either at law or
equity for the promotion of a stable, attractive and healthful residential area. Any person of persons
found to be in violation of one or more of these covenants, restrictions or reservations shall be liable
for any and all expenses incurred by the developer or other party who enforces such." [Emphasis
Added]
29. By the construction of man made channels and swales to direct storm water onto the
Plaintiff's property, the Defendants have violated the Covenants, including paragraph 8, and by
rights granted her in paragraph 23 of the Covenants, the Plaintiff is entitled to enforce the Covenants
against Defendants and to recover "any and all expenses" incurred by her to enforce the Covenants.
WHEREFORE, Plaintiff requests judgment against the Defendants in the amounts set forth
in Counts I and 11 plus all expenses including counsel fees, to be detailed in a petition filed by
Plaintiff at the conclusion of this litigation, and such other relief as the Court deems just and
appropriate.
Respectfully Submitted:
, GHT & ASSOCIATES, P.C.
Ic-
Gregory -I. Knight, Esquire
Attorney I.D. No. 30622
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ELIZABETH MADIGAN,
Plaintiff
V.
RICHARD C. MOORE and MAUREEN MOORE,
his wife,
Defendants
VERIFICATION
No. 06-1621 Civil Tenn
CIVIL ACTION - LAW
I verify that the statements made in the foregoing Complaint are true and correct to the best
of my knowledge, information and belief. I understand that false statements herein are made subject
to the penalties of 18 Pa. C. S. Section 4904, relating to unworn falsification to authorities.
Date: 41 (2) D Le
Elizabetl Madigan
Exhibit "A"
FROM MADIGAN** TAD/FAX PHONE NO. : 7172435492 hear. 10 2006 05:03PM P2
(stamped record »» ROBERT P. 21EGLER
of document RECORDER OF DEEDS
being recorded)>»> CUMBERLAND COUNTY-PA
'99NOV 15 PM-3:40
REVISION NO.4
COVENANTS, RESTRICTIONS AND RESERVATIONS
APPLICABLE TO WHITE ROCK ACRES DEVELOPMENT
PENN PRODUCTS CORPORATION, DEVELOPER
EFFECTIVE November 15, 1999
Penn Products Corporation, being die Owner and Developer of the White Rock Acres Development, does hereby declare that the
following covenants, restrictions, and reservations shall be applicable to lots as hereinafter dcsigrratod by the Corporation according to plans
already of record or hereafter to be filed, unless otherwise exempted specifically from the following covenants, restrictions and reservations by
the Developer. The grantees of each mid every lot limatter conveyed by Penn Products Corporation front said plans, by acceptance of Stroh
dead, do hereby acknowledge that said covenants, restrictions and reservations shall be binding upon them, their heirs, personal representatives
turd assigns for the period hereinafter set forth.
1, No commercial enterprise of any nature shall be conducted on the premises at any time, except at the Developer's sole discretion.
2. No tent, trailer, mobilo home, basement, shack, bum or any temporary habitation, except as hereinafter provided, shall be placed on any of
the said lots, either temporarily or permanently, and no residence of a temporary character shall be erected or permitted on fury lot. No
trailers, buses, trucks over one (1) ton capacity, or junk motor vehicles shall be parked or inaintainod an arty said lot. or street within "White
Rock Acres." A "junk motor vehicle" shall mean Arty motor vehicle that does not have a currant Pennsylvania Inspection sticker and for
which one cannot then be obtained. Recreational vehicles, travel trailers, canpors, boats and beat trailers may be stored and/or maintained
on any said lot as long as the some are appropriately "camouflaged" and are not used for living purposes.
3. No structure shall be rectal on any ion without the written approval of the Developer concerning the location, design, and materials of the
said structure. A dwelling house shalt be either prefabricated or custom built, and may include a chalet type henna. Exterior surfaces of
dwellings shall consist of wood, masonry, either brick or stone, or artificial products if aesthetically pleasing, or n combination ofgpzi,
Aluminum or otter siding as may be approved by the Developer. In no event shall exterior finishes of concrete block nr asphalt materiel of
any kW (except for roofs) be used. No building blocks shall he used in the exterior wall or any building above the finished grade of the
ground unless faced or covered with the above approved exterior materials. All house plans must be signed by two officers of the
Developer Corporation. A copy of house plans shall be left at die office. Any alterations or amendments of said plan must be approved by
the Developer prior to the construction thereof
4. All of aray dwellings shall have a minimum of 1800 square foot of living area, exclusive of porches, patios and basements, all two-story
dwellings shall have a minimum of 2000 square feet of living area, mcinsive of porches, patios and basements, All dwellings shalt have a
twoacnr attached garage.
S. No building or part of building shalt be located nearef than 50 f8d from the adbacenl road right-of-way, newer flat 50 feet ftom the back
property line, nor nearer than 30 foot from any other property lire of said lot. The Developer, may at its sole discretion, waive, modify or
exempt these setbacks, as may be indicated, i.e., terrain of lot. or design of horse.
6. It shall be the responsibility of the general contractor or builder to secure from the White Rock Water Corporation, its successors or
assigns, both a water meter and an external meter reading dcvicc, or meter pit, as supplied by the water company; and to install the same in
good working order before delivery of posscoirm of dwelling to the ownor or purchaser thereof, and bcfam occupancy of die dwelling by
any pez6on•
7, Before the contractor or builder connects the dwelling's water service lateral to the aforementioned water facilities, a scheduled inspection
must bA arranged And construction of service lateral approvod. If approval is not obtained from the water company, connection shall not
take place until said approval is Acquired, The water company requires new service linos to be installed no less than three feet from any
other utilities. The Service line shall be properly bedded with 6" of either sand or Y4 inch screening, both top and bottom of service line for
a total of 12" minimum. Quarterly rentals shall then be collocted, as are currently on file at the Public Utility Commission
3, All dwellings shall be connected to the sanitary sewer lines; contractor shall contact the local township officials for finther specification,
htspectioni, etc. Only kitchen and bathroom waste water and laundry waste water shall be discharged into the sanitary sewer line. All roof
drainage, surface waters, water from floor drains, sump pmnps and 411 other drainage shall be disposed of within the tonfincs of the lot,
and the discharge of any such waters or drainage into the sanitary sewer lines or onto another lot is strictly prohibited.
9. No open fires shall be permitted on any M. Burning of any nature is strictly prohibited.
10. Regular trash disposal services shall be used for the disposal of all garbage and all otter trash, weekly or more frequently, so that the same
is riot permitted to Accumulate. No garbage, refuse or rubbish shall be deposited on any lot, street, sidewalk or parking area except
temporarily when necessary for collection and shall otherwise''be kept regularly in A location on the tot which is unobtrusive to view from
say Wm portion of the land in "White Rock Acres."
FROM,: MADlGAN** TAD/FRX PHONE NO. : 7172435492 Mar. 10 2006 05:04PM P3
,
11. No trees shall be cut or removed from any lot except what is necessary for the erection of buildings, and the installation of driveways,
parking areas or swimming pools on said lot, Dead trees and trees under four incites in diameter at the base may be removed at the option
of the property owner to enhance the aesthetic appearance of the lot.
12. No hunting or target practice with firearms shall be permitted on any lot, or within the boundaries of the development, except as hereaRer
designated by the Developer.
13. Due to the necessity of maintaining the natural beauty of the entire woodland tract upon which the lots are situated, all minerals, clays,
sand, etc. located under the surface of tho ground are reserved by Perot Products Corporation and shall not be mined or used for any
commercial purpose or any other purpose whatsoever by any lot owner.
14. All driveways shall bo constructed of hard-surfrrepd concrete and/or macadam during the construction phase of each dwelling. Each
driveway shall so be paved from the abutting street to any garage on the lot. If the homeowner fails to have said driveway paved, the
Developer has the option to have said driveway paved and shall be reimbursed for all costs, including legal fees.
15. except as otherwise stated within this paragraph, a lot shall not be vacant for more that two years from tho date of settlement of said lot.
Building of home must begin prior to expiration of said two year period. The prohibition ngainst lots being vacant for more than two years
from the date of settlement shall not apply in the event adjacent lots arc purchased by the same owner or owners and A premises is
construoted on at toast one such tot within the two year time provision. No lot may be used for u right-of-way to any adjoining properly.
16 . All lots shall be maintained at alt times in a clean condition and all lawns shall be kept mowed. Except during actual construction of the
dwelling house, no trash, open oxcavations, piles of earth, or building materials shall be permitted on any lot. luring construction of the
dwelling house, all debris shall be kept contained within the lot and disposed of on n regular basis.
17. No sign shall be erected or displayed on any lot or structure except realtor's signs, realtor's open house signs or necessary signs incident to
the sale or resale of homes or the sale or resale of building lots, Such signs may not be illuminated.
18. No animals of any kind, other than domesticated house pets, shall be kept or maintained on any lot. Such pots may not be kept, bond or
maintained for any commercial use or purposes. Each lot owner shall be responsible for the control of domesticated household pela,and
shall be responsible for cleaning up after such pct. No pet shall be housed outside the dwelling house
19. No noxious, unsightly or otlbnsive activity, including vehicle repairs, shall he conducted on a lot or on the streets of "White Rock Acres,"
nor shall anything be prnmnitted to be done thaeon which may be or may become an annoyance or nuisance to the residents of "White Rock
Anus,"
20. An accessory utility shed for the housing of domestic yard tools and equipment may be constructed to maintained on a tot provided that the
architecture of the shed is compatible with the dwelling house and only upon prior approval by the Dvveloper.
21. These covenants, restrictions and reservations shall nun with the land perpetually, and may be amended from time to time as the Developer
dooms nooeasary.
22. The Developer for the approval of plan, materials and location of dwelling shall be Penn Products Corporation or its successor and
assigns holding the remaining unsold lots of said development.
23. The Developer as well as each lot owner shall have the right to enforce these covenants, restrictions and reservations either at law or in
equity for the promotion of a stable, attractive and healthful residential area. Any person or persons found to be in violation of one or more
of these covenants, restrictions or reservations shall be liable for any and all expenses incurred by the Developer or other party who
enfareos such,
24. Invalidation by a cant of law or equity of the provisions of one or more of those covenants, restrictions or reservations shall not operate to
invalidate any of the remaining covenants, restrictions and reservations,
IN WITNESSS WHEREOF, Penn Products Corporation, the Ovmor and Developer, by and through its duly authorized repreaentativo and
intending thereby to legally bind itself and its successors, grantees and assigns, has caused this instrument to be duly executed as of the day
and year Bust above written.
ATTEST: PENN PRODUCTS CORPORATION
(signed) Sandy L McCorkel (signed) Joyce L Swope, President
SECRETARY Joyce L Swope, President
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ELIZABETH MADIGAN, No. 06-1621 Civil Term
Plaintiff
V. CIVIL ACTION - LAW
RICHARD C. MOORE and MAUREEN MOORE,
his wife,
Defendants
CERTIFICATE OF SERVICE
I hereby certify that I am this 12`h day of April, 2006, causing a separate copyof the foregoing
Complaint to be served upon each of the following persons in the manner indicated: By U.S.
Certified and by First Class United States Mail, postage pre-paid on:
Richard C. Moore
Maureen Moore
1239 Lindy Terrace
Boiling Springs, Pennsylvania 17007
KNIGHT & ASSOCIATES, P.C.
Gregory H. Knight, Esquire
Attorney I.D. No. 30622
I1 Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
Attorney for Plaintiff
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Johnson, Duffle, Stewart & Weidner Attorney for Defendant
By: Jefferson J. Shipman, Esquire
I.D. No. 51785
Elizabeth D. Snover, Esquire
I.D. No. 200997
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
e-mail: jjs@jdsw.com
(717) 761-4550
ELIZABETH MADIGAN, IN THE COURT OF COMMON PLEAS
1235 Lindy Terrace CUMBERLAND COUNTY, PENNSYLVANIA
Boiling Springs, PA 17007,
Plaintiff NO: 06-1621
V.
CIVIL ACTION - LAW
RICHARD C. MOORE and
MAUREEN MOORE, his wife,
1239 Lindy Terrace
Boiling Springs, PA 17007,
Defendants JURY TRIAL DEMANDED
PRAECIPE
TO THE PROTHONOTARY, CUMBERLAND COUNTY
Please enter the appearance of Jefferson J. Shipman, Esquire and Elizabeth D. Snover,
Esquire, of Johnson, Duffie, Stewart & Weidner, P.C., as counsel on behalf of Defendants,
Richard Moore and Maureen Moore, in the above-captioned action.
JOHNSON, DUFFIE, STEWART & WEIDNER
By &? dim ?
Elizabet D. Snover, Esquire
I.D. #2000997
Jefferson J. Shipman, Esquire
I. D. #: 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
Attorneys for Defendants
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Johnson, Duffle, Stewart & Weidner
By: Jefferson J. Shipman, Esquire
I.D. No. 51785
Elizabeth D. Snover, Esquire
I.D. No. 200997
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
e-mail: Ds@jdsw.com
(717) 761-4550
Attorney for Defendants
ELIZABETH MADIGAN, IN THE COURT OF COMMON PLEAS
1235 Lindy Terrace CUMBERLAND COUNTY, PENNSYLVANIA
Boiling Springs, PA 17007,
Plaintiff NO: 06-1621
V.
RICHARD C. MOORE and
MAUREEN MOORE, his wife,
1239 Lindy Terrace
Boiling Springs, PA 17007,
Defendants
CIVIL ACTION - LAW
JURY TRIAL DEMANDED
DEFENDANTS' PRELIMINARY OBJECTIONS TO
THE PLAINTIFF'S COMPLAINT
AND NOW, come the Defendants, Richard C. Moore and Maureen Moore, by and
through their counsel, Johnson, Duffle, Stewart & Weidner, P.C., and file these Preliminary
Objections to the Plaintiffs Complaint by respectfully stating the following:
1. This matter was commenced with the Court by a filing of a Praecipe for Writ of
Summons on March 21, 2006. A copy of the Writ of Summons is attached hereto as Exhibit "A."
2. A Complaint was filed in this matter on April 13, 2006. A copy of the Plaintiffs
Complaint is attached hereto as Exhibit "B."
3. The basis of Plaintiffs claim is that the Defendants have been improperly
channeling storm water onto her property, which was first noticed in the Spring of 1996.
4. Plaintiff has alleged three causes of action in her Complaint: Common Law
Nuisance, Common Law Trespass, and Breach of Covenant. See, Plaintiffs Complaint $18-29.
5. Plaintiff requests judgment on all three counts, and in each count requests
counsel fees.
6. In Count III of Plaintiffs Complaint, Plaintiff alleges a breach of covenant based
upon a document entitled, "Revision Number Four Covenants, Restrictions and Reservations
Applicable to White Rock Acres Development, Penn Products Corporation Developer, Effective
November 15, 1999." See, Covenant attached as Exhibit "C."
7. These Covenants are effective November 15, 1999, however, the Defendants
purchased their home at 1239 Lindy Terrace, Boiling Springs, Pennsylvania 17007, in or about
1988.
8. Pennsylvania Rule of Civil Procedure 1028 requires that all Preliminary
Objections to a hearing be raised at one time.
2
PRELIMINARY OBJECTION PURSUANT TO Pa.R.C.P. 1028(a)(2)- FAILURE OF
COMPLETING TO CONFORM TO LAW OR RULE OF COURT
9. Count I of Plaintiffs Complaint alleges the cause of action for Common Law
Nuisance, and requests relief to include counsel fees.
10. Count II of Plaintiffs Complaint states a claim for Common Law Trespass and
requests relief to include counsel fees.
11. Count III of Plaintiffs Complaint alleges a cause of action for Breach of Covenant
and requests relief to include counsel fees.
12. Parties to litigation are responsible for their own counsel fees unless there is an
agreement by the parties, statutory authority, or other recognized exception. Hart v. O'Malley,
781 A.2d 1211 (Pa. Super. 2001).
13. For Counts I and II of Plaintiffs Complaint, there are no basis for an award of
attorneys' fees for these negligence actions. Therefore, a request for attorneys' fees for these
two counts does not conform to law and Plaintiffs request for attorneys' fees in Count I and
Count II of her Complaint should be stricken.
14. Count III of Plaintiffs Complaint requests attorneys' fees pursuant to the
Covenants effective November 15, 1999, which allows for the collection of attorneys' fees at
paragraph 23 for "any person or persons found to be in violation of one or more of these
3
covenants, restrictions or reservations shall be liable for any and all expenses incurred by the
Developer or other party who enforces such."
15. As mentioned previously, the Defendants purchased this property in or about
1988. The Covenant agreement annexed to Plaintiffs Complaint as Exhibit "A" is effective as of
November 15, 1999.
16. The Defendants assert that they are not subject to these covenants and
restrictions as they bought their property prior to the effective date of these covenants and
restrictions, and prior to any recordation of these covenants and restrictions. Walsh v. East
Pikeland Township, 829 A.2d 1219 (Cmwlth. 2003).
17. Rather, the Defendants assert that they are bound by covenants effective
October 1, 1974, attached hereto as Exhibit "D," which do not allow for the collection of
attorneys' fees or expenses in prosecuting an action to enforce these covenants and
restrictions.
18. As such, the Plaintiff has no basis at law or by agreement to collect attorneys'
fees for Counts I, II, or III.
WHEREFORE, the Defendants request that this Honorable Court strike Plaintiffs
request for attorneys' fees in Counts I, II and III of their Complaint as this request for relief does
not conform to law.
4
PRELIMINARY OBJECTIONS PURSUANT TO
Pa.R.C.P. 1028(a)(4) - DEMURRER - STATUTE OF LIMITATIONS
19. Plaintiffs Complaint at paragraph 5 alleges that in the Spring of 1996 Plaintiff
noticed, for the first time, storm water flowing onto her property at a rate and in an amount that
exceeded the natural flow of storm water.
20. Plaintiffs Complaint at paragraph 6-8 and 13-15 alleged that the Defendants
have been channeling storm water from their property onto the Plaintiffs property since at least
1996.
21. As such, the Plaintiffs Complaint clearly alleges a permanent trespass as
defined by Restatement 2d of Torts, Section 162 which permanently changes the physical
condition of the land.
22. A permanent trespass, while resulting in a continuing harm does not subject a
trespasser to liability for each trespass. Rather, if a nuisance at the time of its creation is a
permanent one, the consequences of which in the normal course of things will continue
indefinitely, there can be but a single action therefore to recover past and future damages and
the statute of limitations runs against such cause of action from the time it first occurred, or at
least from the date it should reasonably have been discovered. See, Susterik v. Jones &
Laughlin Seal Coro., 197 A.2d 44, 46-47 (Pa. 1964).
5
23. Accordingly, the two year statute of limitations for this action began running at the
either upon Plaintiffs discovery in the Spring of 1996 of the storm water flowing onto her
property at a rate and in an amount that exceeded the natural flow of storm water or in April,
2002, when Plaintiffs concluded that the storm water problem came from the boundary between
her property and the Defendant's property where she saw that the Defendant had "constructed
a swale filled with rock and a discharge pipe by which storm water was directed away from
Defendants' property and discharged at a point close to Plaintiffs property." See, Plaintiffs
Complaint at $5, 7.
WHEREFORE, the Defendants respectfully request this Honorable Court to dismiss
Plaintiffs Complaint since the statute of limitations have expired on Counts I, II and 111 of
Plaintiffs Complaint.
PRELIMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT
PURSUANT TO Pa.R.C.P. 1028(a)(4) - DEMURRER - LACHES
24. Count III of Plaintiffs Complaint alleges a cause of action for breach of covenant
based on covenants that were effective on November 15, 1999.
25. Although the Defendants contend that they are not subject to these covenants,
since they purchased their property prior to the effective date and filing of these covenants, any
claim for Breach of Covenant should be barred by the Doctrine of Laches.
6
26. The Doctrine of Laches requires not only a finding of want of due diligence in
failing to institute the action, but also that failure resulted in another's prejudice. See, Meadow
Run/Mountain Lake Park Association v. Ragone, 24 Pa. D. & C. 3d 18 (Luzerne, 1982).
27. According to paragraphs 5-7 of Plaintiffs Complaint, Plaintiff noticed storm water
running onto her property in 1996 and in April of 2002, investigated the problem and traced its
source to a "swale filled with rock and a discharge pipe' located on Defendants' property.
28. Upon discovery of these alleged storm water problems, the Plaintiff delayed filing
action for a period of four to ten years until filing her Complaint in April of 2006.
29. This lengthy delay evidences a lack of due diligence on the part of the Plaintiff in
instituting an action concerning these alleged storm water problems.
30. Requiring the Defendants to alter their storm water management system now
after these many years, if it is found to be causing the Plaintiff's alleged storm water problem,
would highly prejudice the Defendants.
WHEREFORE, the Defendants request this Honorable Court to dismiss Count III of
Plaintiffs Complaint based upon the Doctrine of Laches and given the lengthy delay and lack of
due diligence in the part of the Plaintiff in instituting an action.
7
CONCLUSION
WHEREFORE, the Defendants, Richard and Maureen Moore, respectfully request this
Honorable Court to strike all claims for attorneys' fees in Counts I, II and III of Plaintiffs
Complaint, to grant Defendants Preliminary Objections in the nature of a Demurrer as to Counts
I, II and III of Plaintiffs Complaint due to the expiration of the applicable statutes of limitations,
and Defendants respectfully request this Honorable Court to dismiss Count III of Plaintiffs
Complaint for Breach of Covenant based upon the Doctrine of Laches.
JOHNSON, DUFFIE, STEWART & WEIDNER
By (.:2?a
Elizab h D. Snover, Esquire
I.D. #2000997
Jefferson J. Shipman, Esquire
I.D. #: 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
(717) 781-4540
Attorneys for Defendants
:274570
8
CERTIFICATE OF SERVICE
AND NOW, this 3`d day of May, 2006, 1 hereby certify that a copy of the foregoing
has been duly served upon the following, by depositing the same in the United States
Mail, postage prepaid, in Lemoyne, Pennsylvania:
Gregory H. Knight, Esquire
Attorney For Plaintiff
11 Roadway Drive, Suite B
Carlisle, PA 17013
JOHNSON, DUFFIE, STEWART & WEIDNER
By OYI4v?it
Elizabeth O. Snover, Esquire
I.D. No. 200997
Jefferson J. Shipman, Esquire
I. D. No. 51785
301 Market Street
Lemoyne, PA 17043
717-761-4540
9
Cx
03/30/2006 16:36 7172406570 VETERANS AFFAIRS PAGE 02/02
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ELIZABETH MADIGAN, No. U
1235 Lindy Terrace
Boiling Springs, Pennsylvania 17007
Plaintiff
V. CIVIL ACTION - LAW
RICHARD C. MOORE and MAUREEN MOORE,
his wife,
1239 Lindy Terrace
Boiling Springs, Pennsylvania 17007 ?i
Defendants T?
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PRAECIPE FOR WRIT OF SUMMONS hh
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TO THE PROTHONOTARY OF SAID COURT:
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Please issue writ of summons in the above-captioned action.
Writ of Summons shall be issued and forwarded to ( ) Attorney (X) Sheriff
Date: I'- Pt,K_.1A W06
L aZ
#ldP.!"t!d!
KNIGHT & ASSOCIATES, P.C.
?, . [cn
Gregory H. X{ fight, Esquire
Attorney I.D. No. 30622
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
WRIT OF SUMMONS
TO THE ABOVE NAMED DEFENDANTS:
YOU ARE NOTIFIED THAT THE ABOVE-NAMED PLAINTIFF HAS COMMENCED AN
ACTION AGAINST YOU.
Dater n _21a'1
Prothonotary
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ELIZABETH MADIGAN. No. 06.1621 Civil Tenn
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v. CIM ACTION - LAW
RICHARD C. MOORS and MAUREEN MOORS,
Ids wife, .
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IN THE COURT OF COldlvtt7R+l PLEAS 07
CUV01Md AND COUNTY, Pf3 WMVAM
EL17ABEM MAD7OAN,
Plaintiff .
No. 06.1621 Civil Tetra
v.
RICHARD C. MOORE ad MAURMMOOPA
h16 wife,
Doa ndants
CrM ACTDDN • LAW
AND NOW, this J.3f:dwof April 2006. oomm ft PWtketlf, 8liuabmh Madigan, by and
through hrroonud, Kalght & Associates, P.C. and QmPryH. Knight, Esquire. to life a Complaint,
in support of which the Mowka statam W are unade:
1. Piaatiif8litabethM WpaIsaadultcidnaefOACommonwealtholPmmsytwnia
and raddas at properly she owns at 1235 Lindy Tetseoe, BdUq SprWp, Yawylvania 17x07.
2. Defeadanta Rls tatd a Moors and Mearem Moore, hu6band and wifk as adult
dtlzetet of the Commeawedth of Pennsylvania and ra" at pwpmV tbq own at 1239 Lindy
Tettam Boiling Springs. Panosylvanla 17007.
3. Plaintifl'and Defe?dattts are tteigftboO is the developMM known as Whita Rock
A,ws6wlthDeLandattts' ptopettylooatodasahigharetevatiansadiatmtdiatatyagroltringPlaittNf!'e
PmPffty.
4. ' ' Platatif movad itao her rntdmta at 1235 UrAy Tam @ on July 1. 1994,
5. To the Bprins of 1996 when PlaltO f oodecd, for the Got time, store water Uowin,g
onto her property at a nut and in an amount that exceeded the natural stow of norm water, she
owipe 3a4d 5lI wow '?7JV2[3J.9?f at?9ahL?K E5:5t
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decided to construct several Asbuce on her property lh an ananpt, to d1rag the aun%cc flour away
fran or wound bat raaidepw and toward Lindy Terrace.
6. In April 2002, the PlaintitFeotsAuded that the attempt noted fa paragraph 5 was
unsuopour l as she was continuing to nodae problems reeukWs fmm A aapuatsd baalyatd.
7. Plalatiffealthtinvestigatadtheatetmwaterploblamandwooed theeKeeadveamounts
of storm water flowing onto her property to the boundatybetween bar property and die DOAWAanta'
propeny whom she mawthetDclbadwttahad ooasuwtedaswale filie0 withrock=4a discharge pipe
byvlbiehswan waterwasdbectedswayi4otnDadmdents'property and diaeharyodataPoint olow
to plaindr ¦ property.
8. By arovily end the topography of the land, atom water Aowed from rho pales of
discharge directly otta Piaindws property.
9. A day aftw Plaintiff discovered dw took Alle d swals and disobwp pipe, sba
contacted the Definaaets and requested that lWtake notion to step the obanodl= of storm ware
onto her property.
la Defaodaats'litseresponsewuehatelueewatetbaprwnsituoteawaebuiltinr:ootdance
withsWAM agWeowdbydoTownshipandv&mPlanniffWoetoldDollwAsatsHurtdieehoeked
with the Townsldp and was told *aa eboir Swale did tot bavm Towaetdp appm-al, the D oMendatts
told the Plelatlff that them was nothingthey woLdd do to help hor..
11. As a result of the dumielina of storm water by rho De6endssste from their ptopaRy
onto thepWadwepwpwWtPbdsstiffbusurTrrddome geetobarbe, inwludiaashefoundation
of the gunroom Whieb is tits Weeee port orhar noidettoe to the discharge of stonnt water by the
Defr,tdanrs.
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12, The Plaintiff has spent almoet S 12,000.00 and will likely apead another 53.000.00
or more to investigate and to vapsir sierra wmew damage.
13. On or about June 2005 Plaintiff nofigod ft to drat time sine 1996 that exceeaive
amounts of storm wow were no longer flowing onto her property and &be Biro motloed that
Defendant bad eonettueted what appeatrd to be a second swak on the other side of Defendants'
house. that is the side of the Dsfatdsnt5' house opposite the PiaindfPs property.
14. From the luas3005 date noted in paengraph 13 above untillate Deeembor 2005, she
PlaitttiftootioedthatexeessivearnotmtaofaIn awsterno1ongorflowedonto herpropertyBrontthe
swsle and pipe noted in ps WVh 7 above but dig did mss that etotatt writer was Bowleg from the
second swab, noted in paraMb 13 above,
15. Qp of Aaout Deoanbm 28, 2005 Plaimiff acted mmeasive accounts of etc= water
Bowing onto harpropmWand afrar litrdM Investigation disatwared fiat storm water wan no longer
fl owing fiom theeaocndmale but was again flowing from the first; SWOOconstrueted bylWandant
as noted in patgraph 7 above,
16. PleioetfaQaianquatted,thmughhercounsel,tbattt?eDelhmdardsstoptluthsorulinE
of atotm water aura her property but the Defecdaals ]cave again reBasd to eonvd the flow of 0totan
water Room tht&pmporty onto Plaindfra property.
17. BeeadomdwDokudardecondmwdreEueal.theplabWf wcontactodah=grepair
expert to reinspect the sepsits dtaaV paid for or contended far to advise her whether additional
repairs as now needed bemuse of ohs Defendants' oaadWt.
Ia. Pausglapbs 1 tbrottsh 17 above as iooorporered tarein by roWenae.
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19. The chamtaUag of storm water by the Dahn tits ftm thalr prspety onto the
Plaintis!'s ptapertymnWWtw a pabiie adisawe hr whids flat MModant9 we HaMe tar all resulting
damases•
2M As M fOtill in psTagspha 12 and 17 above, tha PWattlf h a suttered dsmayea in an
amount which dots rot exceed the cornpulmory arbitration Umit for Cumberland Cotmty,
Pennsylvania.
WHXRFFORH, tine pPWW 'roquasts jtadrical against the Defendants in the lull amount
requested inCburt Lplus counsel fW sad ouch odwraitefastho Court deems just andappr0pdate.
21. Pw p'sptta 1 glrougia20 above are iaeerporeW hareloby rdwas a.
22. The ahamuliaj of storm water by the Delbndarus ikon their property 0190 the
2007
Q007
Pldntli s.ptopaM ccostlnrtsa a uoR ss for whh d10 DA440tte arc liable lbr air resulting
daaoa®as.
23. As set och in pars puphs 12 and 17 above. the Plaintiff has sutfereddam Mes in an
amount which does I* exceed the compulsory arbitntion Un& for Cumberland County,
Pennsylvania.
WHERIMOR$ the Plainiiffrsqu ess judSrnm against the Dde dants in She ful amount
requested in cow 11, phis counsel fan=4 such other roUstas*A Court desmajust and spproprisW
COtlNT lix
• 1B IACH OF C 111 jM
24. PahWWba 1 thrau& 23 abover as incorporated haninby nAcence.
25. Rvory ow UN erfpropaxty to Whlte ROOtc Acre agsad, 02 a coaditiew Of passhMa` of
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a lot or lots in that development, to abide by, conditions dbtalisd in a document araitied "Revision
No, 4Coveonta.RuniedwaaodReeervetlousApplieible to WhitaRoakAam DevelopmemPann
Products Coporsdo% Developer afEbodve November 15, 1999 (mvislon 04)" (Covrmmu). See
Exhibit A atiaohed
26. As stated in theinitial peragrttph eltbe CovemaMa, "1t]be garde ss of each And every
lot hareafter conveyed by Penn Products Corporation from said plans, by acceptance of stteb deed,
do hKohysedatowlodfe lhatsaldcovenanu,vastrietions androsetvstions shallbebitulhlgoponthem
their heirs, personal repro mmdvea and assips far the period herein M forth."
27: As stated inpm*graph8ofthtCovenants"11]11roofdrainMP atlr&G$waten;,water
from floor drains, sump pumpsand 111 other drainap shall be disposed of within the confines Oftht
lot, and the dlaeft *toy artab watts or drainage inso ebe ataliary w mge lines or ente anethtx
lot bt Mif? erehtbitad_" t1 mpbasis Added)
28. As stated in pwaoWh 23 of the 00veaants, "14136 Developsr a well ALet11Gh W
g=s6s11 have the sight to aofott>e thaw oovemttts, restdetions and otemvadcas either at law or
equity for tim progmdan ofa stable, attractive sndhealthful vasidential stag. Any parson of persons
found to be inviolation ofoneormoreoftbase cwaamta, restrictions or reservations oWl bill
etN °nX and all estsaincutnd by a doveinoer er other pma who iA%= much•" [Emphaar
Added]
29. By the conaWCtion Ofman made ahamtels end swala to direct storm water OM the
Mintu rs propotty, the Dehndants have violated fhe Ceveowts, includlz% paragraph S. and by
rights granted, her in pa agmb23oftheCoveneres,thoPlaintiffisentitledtoeofeteoetheCovenants
mainst Dchadarus and to mover "any and all mmenaes" iucurrodby bet to ed6mc the Coretwnts.
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WHaRpORE,PIaiedlrtnquesta judgmem spinet the DefunaMs in the smouM sec forth
in Counts I and U plus an expenses including commt lbs, to be detailed in it petitim tiled by
PWndff at the cotwluston of tbie MEmloa. and such other relief as du Court deems just dad
appropriate.
R,npeotfuily Subtaitted:
& ASSOCIANTESt P.C. .6,
'1/-'1'x'1 `1 • IIG?
cinaory?i.t. Bsquin
AUmt my LD, No. 306M
11 Roadway Drive, Suite 8
Calble. Pemasylvsttis 17013
(717)7494373
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IN Tn CKX= OF OWWON PLEAS OF
C JhG ERLAND COUNTY. PSNMYLVAMA
ELMAXM&WX0AN. ; No. 06.1621 Civale m
pltdaw
V. CrYL ACTION - LAW
RICHARD C. MOORE and MAURUN MOORS.
hic wlfa, .
Detiredanta
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IN THE COURT OF COWNION PLEAS OF
CUMBERLAND COUNTY, PBWSYLVANIA
BLIZADBM MADIOAN. No. 06.1621 Civil TOM
Plairdur
i
V. CIVIL ACTH - LAW
RICHARD C. MOORE and MAUR EN MOORS, c
his wife,
Detindants
1hecebye"tythallsta ti612'4dayof4rll.2006.oauaataaapantaeopyofthsEau;oim
Complaint to ba aarved upon oeoh of dw hHowinS peteonr in the to mw iudimmed: By U.S.
Cadded mad byFW Cho United States Mail, p~ pra.pald on;
Riebwd C. Moore
Mausaatt Moon
1239 Lindy Tuam
Soift Sptir4p, Petty Awda 17007
XMOHT,& ABSOCIATn' Y.C.
c3rajory>:I. . Eequice
Attomoy I.D. No, 30621
11 Roedwey Ddv% Suite B
Carliele. Pameytvanie 17013
(717) 2494373
Aftamy thrPlaiam
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04/ 9/2006 09:32 7172406570
VETERANS AFFAIRS PAGE 02/03
Revised
COVENANTS, RESTRICTIONS AND RESERVATIONS
APPLICABLE TO WHITE ROCK ACRES DEVELOPMENT
OF PENN PRODUCTS CORPORATION, EFFECTIVE OCTOBER 1, 1974. .
Penst Products Corporation, W1.9 dos Owee, and, beneekspor of Whin Rock Arm Development doss hersbY
declare that the following covenants, rourinsont and roservNbns shell be applirmble to all foil ormvt.d by said
corporation according bt plane already at nosed or hem4fbir' 6 be filed vntass odrnwhe. exempted >,pactflcagy
I dllo 1 I I The pees of h nd lot her flat mnvered
. i
1
. from the b Itwnno con 1 es, nett a am end fetrrv2 ens, gran am .0 evarV ea .
by Penn Products Corporation train said plans, by the secretariat of such dead do hereby ackmwldepe that old
eayetwnls, restrictions and tesarvalrorn "I be 'binding upan themselves, their Min;'prwnd .'Npresantatl.es and
awilm for the period hereinafter set forth. ,
1, No commercial enterprise of any nature shall be C"vdW on the promises of :ray nine, ascrpt with the -
. Oeveleprh e"mrs permisaion In wridng..building restrictions as sat forth hereafter In this agreement shall net apply
re dosignessd commercial areas. .. .
2, No. tent, faller, moblin home w any lamprey habitation shall b: plate egpremises at aiW 111110,. .. .
i
7. No structure shall be erected on any lw without the writnn mnseld of the developers, ektipt one single I,
Srrdl'y dwelling havoc A dwelling house shell be either profaWialed or custan built and, may Include a chats hips. .
home. No A-frame dwelling shall he permitted. ExisrW surfaces of dwellings shall Consist of.wiled, mssonry, either
brick ar alone at both, aluminum or other Wf as teat' go approved by the developer. Corldeta er•didw blocs, if used. f.'.,
shall be Wished with. an appropriate matedal such at siuao or other siding as approved by: the developer.'
..:A. No orse.atot7r house whether prefabricated ev otherwise contsWng leas dean I.S00 a4sm Feel of living
. star shall b r entered or Installed in sew lot.
S. No two-story house containing rare thin I,900 sewn it" Of floor !pare In the IHhas wow esdurive of .,
oadhos and polos shall be armed or owlnlalnetd'os ant W. A naorcar garage shall be enriched to each dwalllng hover,
S• No, build'ing' or parrot building shall be located nesrer-than SO fear tracer 00 adisant road right of
wry era mover than 20 feel. from Way *that prooerry line of said let.
7. No buildings shall, be enterd upon w placad upon any ter until the, location, design, and materials ,
.. thereof have been approved by the developer.'
S. No open flra+ shall be lsetenined on.lrry 11x. Ossldder Empiaeal. 3 bolo, and all.chimnm ihsll be properly,
screamed to arrest sparks and prevent fins('
9. Orballe, if err immediately disposed of, shall be kept in covered metal rontalnen a burled ant all
,. 'Trash, do oars. Mules, etC,,. shall be kept in wire. Or metal conlaineri Of buried.' When available, Irish dlsowsl? "
. services shall' be vied for the disposal of garbage and ad Other wash.. .
ID; Upon th availeblliry of sanitary uwage latillfes. all dwellings shell be cnnneded thereto whlyvt delay.
Until such Is available, disposal of waste shall be affected only by the use of aden041e semir iyprm, which shall
comply In all respeds with the sanitary requirements sdopied. by the Commonwealth Of Pennsylvania.
11. Na trees !hail be cut, or removed from ley lot except what Is necrasary for the encilon'Of balldingi,
and the imiallatlon of driveway ant parking area on sold lot. Dead fees and trice/ under low Inches in diamawt
at doe bese may be rameved a she option of the property owner to enhar,ce the apperoMe of the lot.
12. No hunting or target practice with fitbmr shall be pormifted on, any let.
11. Our in the nectssirv of maintaining the natural beauty of the entire woodland trail upon which she ion
air sllu.ned, all mineral, clay, sand, are, located under the surface of the ground are reserved by the. Sellr,
and shall rat be mined or used far am commercial purpose whatever by any lei Owner.
IA. The developer for the approval of plans, materials and Imatlom at dwelling shall be Penn Pndpcs Car,
pgrstim a ins suavao holding the remaining unsaid lot, of said development. Upon the sale of all of the lets in
the entire development, approval shall be given by a commFtsae,eleclad by a maiority of the lot owners.
IS. these covenants, restridtotu end.n vrvegam shill ram with the land end tea in cited lot a period of 29
year from the data barrel, and unless amended, 'w rescinded In porn or In whale, shall be automatically sawed
for additional suaesslve periods of 10 "an each following the eapiragos of the original 25 War period or any
10 list txtemtoo thereof. ..
16. she developer n well N arch la owner stall have the right to enivuse toss mvenann, nihism,
and reservations either at law or in equity far the o methm of 'a stable, anvacive and healthful residential lea,
17. lnvrltdsYan by a coon of taw o equity of the tvavltiors of one w moss of there eovenonf, reswktio ,
and reservations shall sec eoerate be invalidate any of the mmaintno olvinantr, rntrinlem and ra.mstiom.
B?K 211 I1,Lt X32
104419/2006 09:32
l
7172406570
VETERANS AFFAIRS PAGE 03/03
STATE OF PENNSYLVANIA.) r
COUNTY OF CUAISERLAND
On this 26th day of September,' 1914, before me, the.
subscriber, a"Notary.Public.in and for.said Commonwealth and
County, per
sonally.appeared Richard L. Swope;5ecretary of
Penn Products Corporation,. who declared the foregoing covenants,
restrictions and, resurvations to be the act of, the said corporation.
WITNESS my hand..atid official seal the 'day and year first
above written..
'?/;? 1 ??• / ,li?? e- ar m.
?ufllC ?s, t"'.. t J ? r.
.. rpLAO"
:t.,;v.;. ..
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a e,nm°
51eM rTi Permylvanie i r?ai
( Z1 r*a?,w
County or C,,,,barland T , ??T ?:
hocor I'd in the off'Ke for the recording of Deedkr y . ?A =
I etc, m and ror Ccmboriand County, Pa.
t r . Boni .. .. Vol.' vN/ Peq'
Wiinoc+ my fiend and o al o 19.4 / . .
M. Pa. this, sy of
CAM ?41
it tlt7 f ? Aeenrder
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C:i
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.
++++++++++x+xxwxxwxxwwxw+++++++++++++wx++wxxwxxwwxwwxwwxxwwx++xw+w+w+++x++++++xxxwxxwwxwwxxwwwx+w
CAPTION OF CASE
(entire caption must be stated in fulO
ELIZABETH MADIGAN,
1235 Lindy Terrace
Boiling Springs, PA 17007,
(Plaintiff)
vs.
RICHARD C. MOORE and MAUREEN MOORE, husband and wife,
1239 Lindy Terrace
Boiling Springs, PA 17007,
(Defendants)
No. 1621, 2006 Term
1. State matter to be argued (i.e., Plaintiffs motion for new trial, Defendant's demurrer to complaint,
etc.):
Defendants' Preliminary Objections
2. Identify counsel who will argue case:
a) For Plaintiff: Gregory H. Knight
Address: 11 Roadway Drive, Suite B, Carlisle, PA 17013
b) For Defendant: Jefferson J. Shipman
Address: 301 Market Street, Lemoyne, PA 17043
3. 1 will notify all parties in writing within two days that this case has been listed for argument.
4. Argument Court Date: July 12, 2006
Si ature
Print your name
Attorney for Defendants
Date: ` Zt C7O
:277689
c ?
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.
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SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01621 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MADIGAN ELIZABETH
VS
MOORE RICHARD C ET AL
R. Thomas Kline , Sheriff.or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
MOORE RICHARD C
DEFENDANT
the
, at 0815:00 HOURS, on the 30th day of March . , 2006
at CUMBERLAND CO COURTHOUSE
CARLISLE, PA 17013 by handing to
RICHARD C MOORE
a true and attested copy of WRIT OF SUMMONS together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs: So Answers:
Docketing 18.00
Service .00
Affidavit .39
Surcharge 10.00 R. Thomas Kli
.00
28.39 04/03/2006
KNIGHT & ASSOCIATES
Sworn and Subscribed to before
w
me this 11 , day of
N\,. a ov1, A. D.
Prothonotary
0- SHERIFF'S RETURN - REGULAR
CASE NO: 2006-01621 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
MADIGAN ELIZABETH
VS
MOORE RICHARD C ET AL
DAVID MCKINNEY
, Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within WRIT OF SUMMONS was served upon
MOORE MAUREEN the
DEFENDANT
at 1644:00 HOURS, on the 31st day of March , 2006
at 1239 LINDY TERRACE
BOILING SPRINGS, PA 17007
MAUREEN MORE
by handing to
a true and attested copy of WRIT OF SUMMONS
together with
and at the same time directing Her attention to the contents thereof.
Sheriffs Costs: So Answers:
Docketing 6.00
Service 7.92
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
23.92 04/03/2006
KNIGHT & ASSOCIATES
Sworn and Subscribed to before By: G
M ?e??.^-,?.r?
me this Iq? day of Deputy Sheriff
W!!j ZbtQ A.D.
Prothonotary
ELIZABETH MADIGAN,
PLAINTIFF
V.
RICHARD C. MOORE AND
MAUREEN MOORE, his wife,
DEFENDANTS
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
06-1621 CIVIL TERM
IN RE: PRELIMINARY OBJECTIONS OF DEFENDANTS TO
PLAINTIFF'S COMPLAINT
BEFORE BAYLEY, J.
ORDER OF COURT
AND NOW, this t 2- day of July, 2006, IT IS ORDERED:
(1) All claims in plaintiff's complaint for attorney fees, ARE STRICKEN.
(2) All other preliminary objections of defendants to plaintiff's complaint, ARE
DISMISSED.
By the Cotfrt,
Edgar B"'Bayldy, J.
Gregory H. Knight, Esquire
For Plaintiff
Elizabeth D. Snover, Esquire
For Defendants
:sal
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Ku?
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ELIZABETH MADIGAN, No. 06-1621 Civil Term
Plaintiff
V. CIVIL ACTION - LAW
RICHARD C. MOORE and MAUREEN MOORE,
his wife,
Defendants
MOTION FOR RECONSIDERATION
sr
AND NOW, this ? day of July, 2006, comes the Plaintiff, by and through her counsel of
record, Knight & Associates, P.C., and Gregory H. Knight, Esquire, to file a Motion for
Reconsideration, in support of which Motion the following statements are made:
1. On April 30, 2006, the Plaintiff filed a complaint consisting ofthree claims: common
law nuisance (Count I); common law trespass (Count II); and breach of covenant (Count III).
2. The Plaintiff requested counsel fees in each count of her Complaint.
3. On May 3, 2006 the Defendants filed Preliminary Objections to the Plaintiffs
Complaint.
4. On July 12, 2006, following the filing of Briefs in support of and in opposition to
Preliminary Objections, the parties attended oral argument before the Honorable Edgar B. Bayley.
5. In the Preliminary Objections filed on May 3, 2006, the Defendants objected to the
request for counsel fees in each count of Plaintiff s Complaint but in the Brief filed on June 30, 2006
the Defendants listed and argued for an objection to the request for counsel fees in Counts I and II
only and did not list or argue against the request for counsel fees in Count III.
6. Local Rule 1028(c)(6) states that "[i]ssues raised, but not briefed, shall be deemed
abandoned."
At oral argument the Court questioned both counsel concerning the legal basis for
attorney fees and Plaintiff's counsel accepted the Court's concern as to the common law counts of
the Complaint.
Plaintiff does not seek reconsideration of the Court's Order as to the legal fees
requested in Counts I and II..
9. On July 12, 2006 the Court issued an Order striking all claims in the Plaintiff's
Complaint for attorneys fees and dismissing all other preliminary objections filed by the Defendants.
10. The legal basis for request for counsel fees in Count III is Local Rule 1028(c)(6) and
the written covenants, restrictions, and reservations which have been acknowledged as binding by
every owner of a lot or lots in the development where the parties reside. See Wrenfield Homeowners
Association. Inc. V. DeYoune, 410 Pa. Super. 621, 600 A.2d 960 (1991).
11. The factual basis for Plaintiff's request for counsel fees in Count III is the breach of
an explicit covenant that grants the developer or any lot owner the right to recover all expenses
incurred either at law or in equity to enforce any of the covenants, restrictions, and reservations
binding on every owner of a lot or lots in the development where the parties reside.
12. Pursuant to Rule 208.2(d) of the Cumberland County Rules ofProcedure, concurrence
of opposing counsel was not sought as this motion concerns preliminary objections which are an
exception to Rule 208.2(d).
WHEREFORE, the Plaintiff requests that the Court issue an Order, as set forth in the
attached proposed Order to strike claims for attorney fees in Counts I and II of Plaintiff's Complaint
only; to dismiss all other preliminary objections filed by the Defendants; and to require that the
Defendants file an answer.
Respectfully Submitted:
KNIGHT & ASSOCIATES, P.C.
Grego H. !ght, Esquire
Attorney I.D. No. 30622
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17015
(717) 249-5373
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ELIZABETH MADIGAN, No. 06-1621 Civil Term
Plaintiff
V. CIVIL ACTION - LAW
RICHARD C. MOORE and MAUREEN MOORE,
his wife,
Defendants
CERTIFICATE OF SERVICE
ST
I hereby certify that I am this Z day of July, 2006, causing copy of the foregoing Motion
for Reconsideration to be served upon the following person in the manner indicated: By First Class
United States Mail, postage pre-paid on:
Jefferson J. Shipman, Esquire
Johnson, Duffie, Stewart & Weidner, P.C.
301 Market Street
Lemoyne, Pennsylvania 17043
(717) 761-3015 - fax
Attorney for Defendants
KNIGHT & ASSOCIATES, P.C.
Gregory H. KnigLs , re
Attorney I.D. No. 30622
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17015
(717) 249-5373
Attorney for Plaintiff
ELIZABETH MADIGAN, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
RICHARD C. MOORE AND
MAUREEN MOORE, his wife,
DEFENDANTS 06-1621 CIVIL TERM
ORDER OF COURT
AND NOW, this 12-1 day of July, 2006, on the motion for
reconsideration filed by plaintiff on the order of July 12, 2006, the motion, IS GRANTED.
Paragraph 1 of the order is vacated and replaced with the following:
The claims for attorney fees in Count I and Count II, ARE STRICKEN.
Paragraph 2 of the order of July 12, 2006, shall remain in effect.
By the
Oregory H. Knight, Esquire
Fo Plaintiff
lizabeth D. Snover, Esquire
For Defendants `t
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Johnson, Duffle, Stewart & Weidner
By: Jefferson J. Shipman, Esquire
I.D. No. 51785
Elizabeth D. Snover, Esquire
I.D. No. 200997
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
e-mail: j s@jdsw.com
(717) 761-4550
ELIZABETH MADIGAN,
Plaintiff
V.
Attorney for Defendants
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
RICHARD C. MOORE and
MAUREEN MOORE, His Wife,
Defendants
NO. 06-1621
JURY TRIAL DEMANDED
NOTICE TO PLEAD
TO: ELIZABETH MADIGAN, Plaintiff
c/o GREGORY H., KNIGHT, ESQUIRE
11 Roadway Drive, Suite B
Carlisle, PA 17013
Attorney for Plaintiff
YOU ARE REQUIRED to plead to the within Answer With New Matter within 20 days of
service hereof or a default judgment may be entered against you.
JOHNSON, DUFFIE, STEWART & WEIDNER
DATE: 7 / 0 4
By: /ifif/1
Elizabet . Snover, Esquire
Attorney I. D. No. 200997
Jefferson J. Shipman, Esquire
Attorney I.D. No. 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
bs@jdsw.com
Attorneys for Defendants
Johnson, Duffle, Stewart & Weidner Attorney for Defendants
By: Jefferson J. Shipman, Esquire
I.D. No. 51785
Elizabeth D. Snover, Esquire
I.D. No. 200997
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
e-mail: jjs@jdsw.com
(717) 761-4550
ELIZABETH MADIGAN, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION -LAW
RICHARD C. MOORE and NO. 06-1621
MAUREEN MOORE, His Wife,
Defendants JURY TRIAL DEMANDED
DEFENDANTS' ANSWER WITH
NEW MATTER TO PLAINTIFF'S COMPLAINT
AND NOW, come the Defendants, Richard C. Moore and Maureen Moore, by and
through their counsel, Johnson, Duffle, Stewart & Weidner, P.C., and file this Answer to
Plaintiffs Complaint With New Matter by respectfully stating the following:
1. Admitted.
2. Admitted.
3. Admitted.
4. Denied. After reasonable investigation, the Defendants are without sufficient
knowledge or information to form a belief as to the truth of the averments of paragraph 4 and
the same are therefore denied.
5. Denied. After reasonable investigation, the Defendants are without sufficient
knowledge or information to form a belief as to the truth of the averments of paragraph 5 and
the same are therefore denied.
6. After reasonable investigation, the Defendants are without sufficient knowledge
or information to form a belief as to the truth of the averments of paragraph 6 and the same are
therefore denied.
7. After reasonable investigation, the Defendants are without sufficient knowledge
or information to form a belief as to the truth of the averments of paragraph 7 and the same are
therefore denied.
8. After reasonable investigation, the Defendants are without sufficient knowledge
or information to form a belief as to the truth of the averments of paragraph 8 and the same are
therefore denied.
9. After reasonable investigation, the Defendants are without sufficient knowledge
or information to form a belief as to the truth of the averments of paragraph 9 and the same are
therefore denied. By way of further response, the Defendants were contacted by Plaintiff
concerning her beliefs as to her water runoff problems. However, the Defendants are without
recollection as to the exact date of when contact was first made.
2
10. Denied. After reasonable investigation, the Defendants are without sufficient
knowledge or information to form a belief as to the truth of the averments of paragraph 10 and
the same are therefore denied.
11. Denied. After reasonable investigation, the Defendants are without sufficient
knowledge or information to form a belief as to the truth of the averments of paragraph 1land
the same are therefore denied.
12. Denied. After reasonable investigation, the Defendants are without sufficient
knowledge or information to form a belief as to the truth of the averments of paragraph 12 and
the same are therefore denied.
13. Denied. After reasonable investigation, the Defendants are without sufficient
knowledge or information to form a belief as to the truth of the averments of paragraph 13 and
the same are therefore denied.
14. Denied. After reasonable investigation, the Defendants are without sufficient
knowledge or information to form a belief as to the truth of the averments of paragraph 14 and
the same are therefore denied.
15. Denied. After reasonable investigation, the Defendants are without sufficient
knowledge or information to form a belief as to the truth of the averments of paragraph 16 and
the same are therefore denied.
3
16. Denied. It is denied that the Defendants are channeling storm water onto the
Plaintiffs property. By way of further response, the Defendants have discussed a settlement
with the Plaintiff and have offered, without admitting any liability or wrong, to alter their existing
water management system. However, the Plaintiff has refused any reasonable settlement offer.
17. Denied. After reasonable investigation, the Defendants are without sufficient
knowledge or information to form a belief as to the truth of the averments of paragraph 17 and
the same are therefore denied.
COUNTI
Common Law Nuisance
18. Paragraphs number 1 through 17 above are incorporated herein by reference.
19. Denied. It is denied that the Defendants are channeling storm water from their
property onto the Plaintiffs property and that it constitutes a public nuisance, such proof thereof
is demanded at the time of trial.
20. Denied. It is denied that the Defendants are channeling storm water onto
Plaintiffs property and such proof thereof is demanded at the time of trial.
WHEREFORE, the Defendants respectfully request that the Plaintiff's Complaint be
dismissed with prejudice.
4
COUNT II
Common Law Trespass
21. Paragraphs number 1 through 20 above are incorporated herein by reference.
22. Denied. It is denied that the Defendants are channeling storm water onto
Plaintiffs property and such proof thereof is demanded at the time of trial.
23. Denied. It is denied that the Defendants are channeling storm water onto
Plaintiffs property.
WHEREFORE, the Defendants respectfully request that the Plaintiffs Complaint be
dismissed with prejudice.
COUNT III
Breach of Covenant
24. Paragraphs number 1 through 23 above are incorporated herein by reference.
25. Denied. It is denied that every owner of property in White Rock Acres agreed as
to a condition of purchase of their lot to abide by conditions detailed in a document entitled
"Revision No. 4 Covenants, Restrictions and Reservations Applicable to White'Rock Acres
Development Penn Products Corporation, Developer effective November 15, 1999 (Revision
#4)." It is clear form the face of this document that the Covenants referenced in Plaintiffs
Complaint are only applicable to those lots purchased or sold after November 15, 1999. The
5
Defendants purchased their property in 1988 and are, therefore, not bound by these covenants
effective on November 15, 1999.
26. The language of the 1999 Covenant speaks for itself, however, ti he Defendants
maintain that these 1999 Covenants are not applicable to them.
27. The language of the 1999 Covenant speaks for itself, however, ?he Defendants
maintain that these 1999 Covenants are not applicable to them.
28. The language of the 1999 Covenant speaks for itself, however, ?he Defendants
maintain that these 1999 Covenants are not applicable to them.
29. It is denied that the Defendants are channeling storm water onto Plaintiffs
property. Additionally, the Defendants maintain that the 1999 Covenants are not applicable to
I
them as they purchased their property prior to the effective date or recordation of these
covenants.
WHEREFORE, the Defendants respectfully request the Plaintiff's Comlilaint be
dismissed with prejudice.
NEW MATTER
By way of additional answer, the Defendants interpose the following New Matter
Defenses:
6
30. That the Plaintiffs' claims and/or losses are barred by the Doctrine of Laches.
31. Plaintiffs claims and/or alleged losses and/or recovery for alleged losses are
barred by the Statute of Limitations.
32. That the Plaintiffs alleged damages, if any, were not caused
omissions, or breaches of duty by the answering Defendants.
33. That the Plaintiff has failed to mitigate her damages, if any, w`th
responsibility on the part of the answering Defendants being denied.
by the acts,
any liability or
34. If it should be found that there was any negligence on the part of the Defendants,
which negligence is specifically denied, any such negligence was not a proximate cause of the
Plaintiffs damages.
35. Any negligence on behalf of the Defendants, which neglige ce is expressly
denied, was not a substantial factor, nor a factual cause of any harm sustained by the Plaintiff.
I,I
36. The Plaintiffs causes of action are barred in whole or in part by the Doctrines of
Comparative Negligence and/or Contributory Negligence, as may be apoied to the facts
disclosed in discovery.
37. That the Plaintiffs damages, if any, may have been caused by third parties or
entities not presently involved in this case.
7
38. Count III of Plaintiff's Complaint "Breach of Covenant" is
covenants applicable to the White Rock Acres Development but effective in 1
contend that they are not bound by these covenants as they purchased their
effective date or recordation of these covenants. As such, Plaintiffs claim
1999 Covenants is barred by the terms of those Covenants, the Recording Act
WHEREFORE, the Defendants, Richard C. Moore and Maureen
request that judgment be entered in their favor and that Plaintiffs Complaint
prejudice.
DATE: 3! 1
:279548
22740-2083
Respectfully submitted,
By
8
ElizabetUD. Snover, Esquir
Attorney I. D. No. 200997
Jefferson J. Shipman, Esqu
Attorney I.D. No. 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
(717) 7614540
hs@jdsw.com
Attorneys for Defendants
d upon certain
9. Defendants
me prior to the
breach of the
id case law.
re, respectfully
dismissed with
We, Richard C. Moore and Maureen Moore, hereby acknowledge that we have read the
foregoing document and that the facts stated therein are true and correct to the (best of our
knowledge, information and belief.
We understand that any false statements herein made are subject to pe0alties of 18 Pa.
C.S. §4904, relating to unsworn falsifications to authories.
C. MOORE
MAUREEN
DATE:
CERTIFICATE OF SERVICE
AND NOW, this 34 day of 2006, 1 hereby certify that a copy of
the foregoing has been duly served upon the following, by depositing the same in the United
States Mail, postage prepaid, in Lemoyne, Pennsylvania:
Gregory H. Knight, Esquire
11 Roadway Drive, Suite B
Carlisle, PA 17013
DATE: 7 31 0
JOHNSON, DUFFIE, STEWART & WEIDNER
By [?fladln
Elizabet . Snover, Esquire
Attorney I. D. No. 200997
Jefferson J. Shipman, Esquire
Attorney I.D. No. 51785
301 Market Street
P.O. Box 109
Lemoyne, PA 17043-0109
(717) 761-4540
j s@jdsw.com
Attorneys for Defendants
C,'. i
-r7
.. ...{
?}
? _ ",1 C9
.,,'t
t
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ELIZABETH MADIGAN, No. 06-1621 Civil Term
Plaintiff
V. CIVIL ACTION - LAW
RICHARD C. MOORE and MAUREEN MOORE,
his wife,
Defendants
MOTION TO COMPEL THE SCHEDULING OF DEPOSITIONS
AND NOW, this )'"*day of August, 2006, comes the Plaintiff, by and through her counsel
of record, Knight & Associates, P.C., and Gregory H. Knight, Esquire, to file a Motion to Compel
the Scheduling of Depositions, in support of which Motion the following statements are made:
1. On March 21, Plaintiff filed a Praecipe for Writ of Summons against the Defendants.
2. On April 13, 2006 Plaintiff filed a Complaint against the Defendants.
3. On May 3, 2006 the Defendants filed Preliminary Objections.
4. On July 12, 2006, following oral argument on the Defendants' Preliminary
Objections, the Honorable Edgar Bayley issued an Order, later amended following a Motion for
Reconsideration filed by Plaintiff, striking the Defendants' Preliminary Objections except as to
claims for counsel fees in Counts I and II of Plaintiff's Complaint.
5. On July 31, 2006, the Defendants filed an Answer with New Matter.
6. On August 24, 2006, the Plaintiff filed a Reply to Defendants' Answer with New
Matter.
7. On July 31, 2006, Plaintiff's Counsel discussed the scheduling of depositions for the
named Defendants with Defendants' Co-Counsel who stated she would not agree to produce her
clients.
8. On August 2, 2006, Plaintiff's Counsel sent Notices to take Deposition, pursuant to
Rule 4007 of the Pennsylvania Rules of Civil Procedure, to Defense Counsel for the deposition of
the two named defendants, Richard C. Moore and Maureen Moore. See Exhibit "A".
9. On August 3, 2006, Plaintiff's Counsel discussed the scheduling of depositions with
the Defendants' lead Counsel and Defendants' lead Counsel agreed to contact his clients concerning
dates for deposition.
10. Later on August 3, 2006, Plaintiff's Counsel received a letter from Defendants' lead
Counsel, in which letter he refused to provide his clients for deposition until after Plaintiffresponded
to his clients' Written Interrogatories and Request for Production of Documents. See Exhibit "B".
11. On August 10, 2006, Plaintiffs Counsel again contacted Defendants' Counsel to
discuss the Defendants' depositions.
12. On August 11, 2006, Plaintiff's Counsel received Defendants' Written Interrogatories
and Request for Production of Documents, both of which he and the Plaintiffhave reviewed and are
in the process of answering, as required by the Pennsylvania Rules of Civil Procedure.
13. On August 16, 2006, Plaintiff s Counsel sent, by U.S. Mail and facsimile, a letter to
Defense Counsel in which letter Plaintiff's Counsel requested that dates for the Defendants'
depositions be provided to him by August 23, 2006 or a Motion to Compel would be filed. See
Exhibit "C".
14. As of the date of this Motion, neither of Defendants' Counsel have responded to
Exhibit "C".
15. Rule 4007.3 of the Pennsylvania Rules of Civil Procedure state that "...methods of
discovery may be used in any sequence and the fact that a party is conducting discovery, whether by
deposition or otherwise, shall not operate to delay any other party's discovery."
16. Plaintiff's Counsel has attempted to resolve discovery differences with Defendants'
Counsel but has been unsuccessful in those attempts.
WHEREFORE, the Plaintiff requests that the Court issue an Order, in the form of the
attached proposed Order, compelling Defendants to appear for their depositions.
Respectfully Submitted:
GHT & ASSOCIATES, P.C. L
C 14-
Gregory H. Knight, Esquire
Attorney I.D. No. 30622
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17015
(717) 249-5373
Counsel for Plaintiff
Exhibit "A"
MS
KNIGHT &.ASSOCIATES P.C.
Attorneys at Law
August 2, 2006
Elizabeth D. Snover, Esquire
Johnson, Duffie, Stewart &Weidner, P.C.
301 Market Street
Lemoyne, Pennsylvania 17043
RE: Elizabeth Madigan v. Richard C. Moore and Maureen Moore, his wife
Cumberland County Civil Action No. 06-1621
Our File No. 3713.1
Dear Attorney Snover:
In accordance with our telephone conference Monday afternoon, enclosed are Notices for
the depositions of Richard C. Moore and Maureen Moore. You will note that the Notice includes
a provision filed pursuant to Rule 4009. 1, for the production at the deposition of all other tangible
things Mr. or Mrs. Moore have concerning the subject matter of this litigation.
Please call should you have any questions. I will make arrangements for the court reporter.
Sincerely,
GHT & ASSOCIATES, P.C.
Gregory H. Knight
GHK/dmh
Enclosures
cc: Elizabeth Madigan
F1USU Fd Fi,m Dm3Bim100lU-la.1.nd
11 Roadway Drive Suite B Carlisle, PA 17015
¦
717.249.5373 717-249-0457 fax
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ELIZABETH MADIGAN, No. 06-1621 Civil Term
Plaintiff
V. CIVIL ACTION - LAW
RICHARD C. MOORE and MAUREEN MOORE,
his wife,
Defendants
NOTICE TO TAKE DEPOSITION
TO: RICHARD C. MOORE
c/o Elizabeth D. Snover, Esquire
Johnson, Duffle, Stewart &Weidner, P.C.
301 Market Street
Lemoyne, Pennsylvania 17043
AND NOW, pursuant to Pennsylvania Rule of Civil Procedure 4007.1(a), Notice is hereby
given that the deposition of Richard C. Moore, will be taken by oral examination at 11 Roadway
Drive, Suite B, Carlisle, Pennsylvania 17015, and beginning Wednesday, August 23, 2006, at 10:00
a.m. and to continue, with adjournments, if necessary, until completed.
Pursuant to Pennsylvania Rule of Civil Procedure 4007.1(d)(1) and 4009. 1, Notice is also
hereby given that Richard C. Moore is to bring with him any and all records he has concerning the
subject matter of this litigation; concerning any and all defenses made by Richard C. Moore or
Maureen Moore in the above-referenced litigation; or concerning any and all claims of New Matter
raised or to be raised by Richard C. Moore or Maureen Moore in the above-referenced litigation.
Respectfully submitted,
KNIGHT & ASSOCIATES, P.C.
L
Dated: August _7,, 2006 cA)
Gregory H. Knight, Esquire
Attorney I.D. No. 30622
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17015
(717) 249-5373
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ELIZABETH MADIGAN, No. 06-1621 Civil Term
Plaintiff
V. CIVIL ACTION - LAW
RICHARD C. MOORE and MAUREEN MOORE,
his wife,
Defendants
NOTICE TO TAKE DEPOSITION
TO: MAUREEN MOORE
c/o Elizabeth D. Snover, Esquire
Johnson, Duffle, Stewart &Weidner, P.C.
301 Market Street
Lemoyne, Pennsylvania 17043
AND NOW, pursuant to Pennsylvania Rule of Civil Procedure 4007.1(a), Notice is hereby
given that the deposition of Maureen Moore, will be taken by oral examination at 11 Roadway Drive,
Suite B, Carlisle, Pennsylvania 17015, and beginning Wednesday, August 23, 2006, at 12:00 p.m.
and to continue, with adjournments, if necessary, until completed.
Pursuant to Pennsylvania Rule of Civil Procedure 4007.1(d)(1) and 4009. 1, Notice is also
hereby given that Maureen Moore is to bring with her any and all records she has concerning the
subject matter of this litigation; concerning any and all defenses made by Richard C. Moore or
Maureen Moore in the above-referenced litigation; or concerning any and all claims of New Matter
raised or to be raised by Richard C. Moore or Maureen Moore in the above-referenced litigation.
Respectfully submitted,
KNIGHT & ASSOCIATES, P.C.
Dated: August 7i, 2006 l ??? I G
Gregory H. Knight, Esquire
Attorney I.D. No. 30622
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17015
(717) 249-5373
Attorney for Plaintiff
F:1U,m FoW6Fi.Dots\Gmdocs2006U713. 1 nmicade s,wpd
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ELIZABETH MADIGAN, No. 06-1621 Civil Term
Plaintiff
V. CIVIL ACTION - LAW
RICHARD C. MOORE and MAUREEN MOORE,
his wife,
Defendants
CERTIFICATE OF SERVICE
N?-
I hereby certify that I am this Z day of August, 2006, causing a copy of each of the
foregoing Notices of Deposition of the Defendants to be served upon the following persons in the
manner indicated: By U.S. First Class United States Mail, postage pre-paid on:
Elizabeth D. Snover, Esquire
Johnson, Duffle, Stewart & Weidner, P.C.
301 Market Street
Lemoyne, Pennsylvania 17043
Attorney for Defendants
KNIGHT & ASSOCIATES, P.C.
Gregory H. Knight, Esquire
Attorney I.D. No. 30622
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17015
(717) 249-5373
Attorney for Plaintiff
lilt (, (8d) '
^Y R. DCFI I[
RtIHARD \C. STLUART
C. 110Y \CEIDNER IR
Eouuw G. %t%us
D."u)AC.DELLCF.
I0I IN A. STXVI ER
IIfFFP60S1 SHIPMA:N
RALPH H. WRIGIIT. IR.
MAI K C. Dum[
IONS 11.NINOSKY
MICHAKL i. CASSIDY
MELISSA PEEL GREFVY
RORER"r ibt. WALKER
WADE D. iMANLE1ELIZABETH D. SHOVER
Gregory H. Knight, Esquire
11 Roadway Drive, Suite B
Carlisle, PA 17013
Re: Elizabeth Madigan v. Richard and Maureen Moore
No. 06-1621
Cumberland County Common Pleas
Dear Greg:
F. LII SnlpmA\
1?7ai?hx¢?i
cGIt PrI I I ST. Nk 17P
1•: Rl.4I:. p.djdsn cum
011tv
8A
Elizabeth Snover of my office has indicated to you that it is our intention to issue
written discovery before scheduling depositions. We will not permit you to unilaterally
schedule our clients' depositions. Written discovery will be issued to you within the next
two weeks. Provided you respond in a timely fashion, I am sure depositions can be
scheduled thereafter.
Should you have any comments or questions, please feel free to contact me at
your earliest convenience.
Very truly yours,
JO?NSON, DUFFIE, STEWART & WEIDNER
Shipman
JJS:mem
301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109
WWWIDSW.COM 717.761.4540 FAX: 717.761.3015 MAIL@JDSW.COit
OF COUNSEL
1101lVCE A. jnHNSON
Bill CF_ I. GWO S\IAN
al.n Animcd lu NY
L A W O F F I C E S
JOHNSON
DUFFIE
August 1, 2006
JOHNSON, DUFFIE, STEWART & WEIDNER, P.C.
Exhibit 6 C"
KNiGi-rr &AssocLA,z Es P.C.
Attorneys at Law
August 16, 2006
VIA U.S. MAIL & FACSIMILE (761-3015)
Jefferson J. Shipman, Esquire
Johnson, Duffle, Stewart & Weidner, P.C.
301 Market Street
Lemoyne, Pennsylvania 17043
RE: Elizabeth Madigan v. Richard C. Moore and Maureen Moore, his wife
Cumberland County Civil Action No. 06-1621
Our File No. 3713.1
Dear Mr. Shipman:
Several weeks ago we discussed a schedule for discovery in the above-referenced matter.
I stated that the Plaintiff wanted to proceed to schedule depositions as the first step in discovery and
you stated that the Defendants' first discovery would be Written Interrogatories and a Request for
Production of Documents, both of which I have received. You agreed to contact your clients and
advise me concerning the availability of Mr. and Mrs. Moore for their depositions.
Since I had not received any followup from you I called last Thursday and left you a
voicemail. As of this letter I do not have a response to my voicemail message. Please contact me
no later than August 23, 2006 to schedule those depositions. If I have not heard from you by that
date, I will file a motion to compel discovery.
Sincerely,
KNIGHT & ASSOCIATES, P.C.
Gregory H. Knight
GHK1dmh
cc: Elizabeth Madigan
F IUsv Fok Firm Docs\Gen11r200W13-1js.l.wpd
11 Roadway Drive Suite B Carlisle, PA 17015
¦
717.249-5373 717-249-0457 far
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ELIZABETH MADIGAN, No. 06-1621 Civil Term
Plaintiff
V. CIVIL ACTION - LAW
RICHARD C. MOORE and MAUREEN MOORE,
his wife,
Defendants
CERTIFICATE OF SERVICE
I hereby certify that I am this S*Wday of August, 2006, causing copy of the foregoing
Motion to be served upon the following person in the manner indicated: By First Class United States
Mail, postage pre-paid on:
Jefferson J. Shipman, Esquire
Johnson, Duffle, Stewart & Weidner, P.C.
301 Market Street
Lemoyne, Pennsylvania 17043
(717) 761-3015 - fax
Lead Counsel for Defendants
KNIGHT & ASSOCIATES, P.C.
Gregory H. Knight, Esquire
Attorney I.D. No. 30622
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17015
(717) 249-5373
Counsel for Plaintiff
o
1 ro jrn
?u
N .7.7
w
Y
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ELIZABETH MADIGAN, No. 06-1621 Civil Term
Plaintiff
V. CIVIL ACTION - LAW
RICHARD C. MOORE and MAUREEN MOORE,
his wife,
Defendants
REPLY TO ANSWER WITH NEW MATTER FILED BY DEFENDANTS
AND NOW, this) day of August, 2006, comes the Plaintiff, Elizabeth Madigan, by and
through her counsel of record, Knight & Associates, P.C., and Gregory H. Knight, Esquire, to file
a Reply to Defendants' Answer with New Matter, in support of which Reply the following
statements are made:
30. Denied. Paragraph 30 is a conclusion of law to which no answer need be filed. To
the extent an answer must be filed, see Plaintiff's Complaint and strict proof is demanded at trial for
the statements made in paragraph 30.
31. Denied. Paragraph 31 is a conclusion of law to which no answer need be filed. To
the extent an answer must be filed, see Plaintiff s Complaint and strict proof is demanded at trial for
the statements made in paragraph 31.
32. Denied. Paragraph 32 is a conclusion of law to which no answer need be filed. To
the extent an answer must be filed, see Plaintiff s Complaint and strict proof is demanded at trial for
the statements made in paragraph 32.
33. Denied. Paragraph 33 is a conclusion of law to which no answer need be filed. To
the extent an answer must be filed, see Plaintiff's Complaint and strict proof is demanded at trial for
the statements made in paragraph 33.
34. Denied. Paragraph 34 is a conclusion of law to which no answer need be filed. To
the extent an answer must be filed, see Plaintiff's Complaint and strict proof is demanded at trial for
the statements made in paragraph 34.
35. Denied. Paragraph 35 is a conclusion of law to which no answer need be filed. To
the extent an answer must be filed, see Plaintiff's Complaint and strict proof is demanded at trial for
the statements made in paragraph 35.
36. Denied. Paragraph 36 is a conclusion of law to which no answer need be filed. To
the extent an answer must be filed, see Plaintiff's Complaint and strict proof is demanded at trial for
the statements made in paragraph 36.
37. Denied. Paragraph 37 is a conclusion of law to which no answer need be filed. To
the extent an answer must be filed, see Plaintiff's Complaint and strict proof is demanded at trial for
the statements made in paragraph 37.
38. Denied. Paragraph 38 is a conclusion of law to which no answer need be filed. To
the extent an answer must to be filed, see Plaintiff's Complaint and strict proof is demanded at trial
for the statements made in paragraph 38. Denied further as Plaintiff and Defendants are owners of
lots and therefore subject to Revision Number 4, effective November 15, 1999, of the Covenants,
Restrictions and Reservations applicable to White Rock Acres Development.
WHEREFORE, Plaintiff requests that the Court deny Defendants' request for judgment in
their favor and that the Court grant such other relief as it deems appropriate,
Respectfully Submitted:
T? GHT & ASS-OCIA(TTEES, P.C.
Gregory. Knight, Esquire
Attorney I.D. No. 30622
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17015
(717) 249-5373
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ELIZABETH MADIGAN, No. 06-1621 Civil Term
Plaintiff
V. CIVIL ACTION - LAW
RICHARD C. MOORE and MAUREEN MOORE,
his wife,
Defendants
CERTIFICATE OF SERVICE
I hereby certify that I am this day of August, 2006, causing a copy of the foregoing
Reply to be served upon the following person in the manner indicated: By First Class United States
Mail, postage pre-paid on:
Jefferson J. Shipman, Esquire
Johnson, Duffle, Stewart & Weidner, P.C.
301 Market Street
Lemoyne, Pennsylvania 17043
(717) 761-3015 - fax
Attorney for Defendants
KNIGHT & ASSOCIATES, P.C.
Grego H. ight, Esquire
Attorney I.D. No. 30622
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17015
(717) 249-5373
Attorney for Plaintiff
o
G
v Rl
"Oti Fw
`L7 C>?n
r f
? tV
fV
CO
ELIZABETH MADIGAN,
Plaintiff
VS.
RICHARD C. MOORE and
MAUREEN MOORE, his wife,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 06-1621 CIVIL
IN RE: PLAINTIFF'S MOTION TO COMPEL
ORDER
AND NOW, this 31' day of August, 2006, argument on the within motion to
compel is set for Thursday, October 5, 2006, at 2:30 p.m. in Courtroom Number 4, Cumberland
County Courthouse, Carlisle, PA.
*Kegory Knight, Esquire
For the Plaintiff
09(izabeth Snover, Esquire
For the Defendants
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q"RKs
BY THE COURT,
L0 -ZI t1d I - 3S 90OZ
Aa S.G IU it tai M ?C
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ELIZABETH MADIGAN, : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. No. 06-1621 Civil Term
RICHARD C. MOORE and MAUREEN MOORE, Civil Action - Law
his wife, :
Defendants
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following
form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Gregory H. Knight, counsel for the plaintiff in the above action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is approximately $25,000.00.
The counterclaim of the defendants in the action is $0.00.
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as
arbitrators:
Gregory H. Knight attorney for Plaintiff and Jefferson Shipman, attorney for Defendants
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case
shall be submitted.
ectfully submitted,
e41_01 0") K.
ORDER OF COURT
AND NOW, , 2007, in consideration of the foregoing
petition, Esquire, and
Esquire, and , Esquire, are appointed arbitrators in the above captioned action
(or actions) as prayed for.
By the Court,
EDGAR B. BAYLEY
" . w
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ELIZABETH MADIGAN, No. 06-1621 Civil Term
Plaintiff .
V. CIVIL ACTION - LAW
RICHARD C. MOORE and MAUREEN MOORE,
his wife,
Defendants
CERTIFICATE OF SERVICE
`?
I hereby certify that I am this (?' day of February, 2007, causing copy of the foregoing
Petition for Arbitrators to be served upon the following person in the manner indicated: By First
Class United States Mail, postage pre-paid on:
Jefferson J. Shipman, Esquire
Johnson, Duffle, Stewart & Weidner, P.C.
301 Market Street
Lemoyne, Pennsylvania 17043
(717) 761-3015 - fax
Attorney for Defendants
KNIGHT & ASSOCIATES, P.C.
6 n-d? ,-^n ti -"
Gregory H. Knight, Esquire
Attorney I.D. No. 30622
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17015
(717) 249-5373
Attorney for Plaintiff
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ELIZABETH MADIGAN, : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V.
No. 06-1621 Civil Term
RICHARD C. MOORE and MAUREEN MOORE, Civil Action - Law
his wife, :
Defendants
RULE 1312-1 The Petition for Appointment of Arbitrators shall be substantially in the Following
form:
PETITION FOR APPOINTMENT OF ARBITRATORS
TO THE HONORABLE, THE JUDGES OF SAID COURT:
Gregory H. Knight, counsel for the plaintiff in the above action (or actions), respectfully represents that:
1. The above-captioned action (or actions) is (are) at issue.
2. The claim of plaintiff in the action is approximately $25,000.00.
The counterclaim of the defendants in the action is $0.00.
The following attorneys are interested in the case(s) as counsel or are otherwise disqualified to sit as
arbitrators:
Gregory H Knight, attorney for Plaintiff and Jefferson Shipman, attorney for Defendants
WHEREFORE, your petitioner prays your Honorable Court to appoint three (3) arbitrators to whom the case
shall be submitted.
ctfully submitted,
ORDER OF COURT
AN,P NOW Jlb4-4. 2007, in con ideration of th?or wine
'A j
Esquire, and ?2Ct/r'LC!t,?J,?
petition,
Esquire, and IY*4A?squire, are appointed arbitrators in the above captioned action
(or actions) as prayed for.
By C?ou
1? IVL\. -
EDGAR B. BAYLEY
CVJ
15
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LAJ
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C('4 Z'(-t-rH M69("Al
Plaintiff
94c,kc"
l V I (9 0 2>9- Defendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. yi? -_162-)
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
'th fie -
U itl '-V
Signature
5kkA u e: 2
Name (Chairman
Law Firm
/0 M k 1G-N
Address
C?pj-o? , P'0
City, zip
Si ature
FAA n) r 9 E. ?'A1?ISAI ?/ -JX
Name
Signature
Da.,: J #. In,, A ?teA-,c
Name
Law Firm Law Firm 17 1
Z.Jo G4" 4rLL ?JI/n/V
Address
City, zip
Address
e-,-/s/ Pf /R/,S-
City, zip
Award
We, the undersigned arbitrators, having been duly appointed and sworn (or affirmed), make the
following award: (Note: If damages for delay are awarded, they shall be separ tel stated.)
w
Date of Hearing:
Date of Award:
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Notice of Entry of Award
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t
Now, the day of Mo-v , 20_0_7 _, at ol .1 Eq , p .M., the above award was
entered upon the docket and notice thereLf given by mail to the parties or their attorneys.
Arbitrators' compensation to be paid upon appeal: 00
By:
P thonotary Deputy
dissents. (Insert name if applicable.)
u
(Chairman)
r
5,01
5-,A? 60
:;:,may
4-rj {
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
GIB atxt?l tM?d?? .
Plaintiff O ?
Vs File No.
?- Gera ?/? C. tM00 ?? Civil Term
ik rot _ A4acw? vt Defendant,
NOTICE OF APPEAL
FROM AWARD OF BOARD OF ARBITRATORS TO THE PROTHONOTARY:
Notice is given that ? 10, (.h f appeals from the award of the
board of arbitrators entered in this case on IM i?T 1,5- UV
iL --
A jury trial is demanded- (X . (Check the line if a jury trial is demanded.
Otherwise jury trial is waived.)
I hereby certify that
(1) the compensation of the arbitrators has been paid, or
(Strike
out the inapplicable clause.) r
• IM?
Appellant or Attorney of Appellant
Note: The demand for jury trial on appeal from compulsory arbitration is governed by
Rule 1007.1(b).
(b) No affidavit or verification is required.
Adopted March 16, 1981, effective May 15, 1981.
w
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Qi
Plaintiff
O Q? Defendant
In The Court of Common Pleas of Cumberland
County, Pennsylvania No. Lei, -_162-)
Civil Action - Law.
Oath
We do solemnly swear (or affirm) that we will support, obey and defend the Constitution of the United
States and the Constitution of this Commonwealth and that we will discharge the duties of our office
th fi elit '
A 1?
Signature
t'Ia , n?d' Sa
Name (Chairman
Law Firm
/0U)1k1G-H 5
Address
cap_-)o?'?p17 13
City, / Zip
405,35
Si tore Signature
FRA A) V 9 E, ?'A41?49 )/ -Vt Day: d #.
Name Name
V)f C (e4`l /V Iz"A--l'Y Ch?LC?-c Sc%trc.... //,,%/wl G
Law Firm Law Firm
Address
City, zip
Award
el 1 4 / - " V1. oz"4 /
city, zip
# IAgW
We, the undersigned arbitrators, having been duly appointed and sworn (or affixmed), make the
following award: (Note: If damages for delay are awarded, they shall be separ tel stated.)
1 Y1 *4 h /1%tS ? h l/??C)ld l,,
rtJ
?.1 (I1 ( P) w ? T"i?1 Y?_ (i7 P Y/ 1'L]Q V /] n O. Y f ! r-I I sez_h Iet?/r7 0
l?
Date of Hearing:
?
Date of Award: „S J/S ?
I 3 L
Notice of Entry of Award
Now, the h day of Mo-v , 20_0_, at a : Sq _E .M., the above award was
entered upon the docket and notice thereof given by mail to the parties or their attorneys.
Arbitrators' compeP.Sation to be paid upon appeal: $ X3,50. 0O
/ 21, q? * 44,
By:
P thonotary
Deputy
.S SY /? ?<)L.c ?.r?Cr ?n ni ICc! S?? f y
Address
dissents. (Insert name if a
?
n
(Chairman) _.
.
5,a5,o1
1p;
,;?5_
f'
ELIZABETH
V.
RICHARD C. M1
his wife,
To the
Please rr.
Date: lk
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GAN, No. 06-1621 Civil Term
Plaintiff
CIVIL ACTION - LAW
RE and MAUREEN MOORE,
Defendants
PRAECIPE TO SETTLE AND DISCONTINUE.
WITH PREJUDICE
the above captioned action settled and discontinued, with prejudice.
KNIGHT & ASSOCIATES, P.C.
w-?
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Gregory 'ght, Esquire
Attorney I.D. No. 30622
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
r
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ELIZABETH MADIGAN, No. 06-1621 Civil Term
Plaintiff
V. CIVIL ACTION - LAW
RICHARD C. 7GORE and MAUREEN MOORE,
his wife,
Defendants
CERTIFICATE OF SERVICE
%VAL
I hereby certify that I am this 74 day of October, 2007, causing copy of the foregoing
Praecipe to be served upon the following person in the manner indicated: By First Class United
States Mail, postage pre-paid on:
Jefferson J. Shipman, Esquire
Johnson, Duffle, Stewart & Weidner, P.C.
301 Market Street
Lemoyne, Pennsylvania 17043
(717) 761-3015 - fax
Attorney for Defendants
Elizabeth D. Snover, Esquire
Johnson, Duffle, Stewart & Weidner, P.C.
301 Market Street
Lemoyne, Pennsylvania 17043
Attorney for Defendants
KNIGHT & ASSOCIATES, P.C.
4
I?•fc at--
Gregory . Knight, Esquire
Attorney I.D. No. 30622
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17015
(717) 249-5373
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