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HomeMy WebLinkAbout06-3794 NATURAL LANDS TRUST, INC., Plaintiff v. UI UNG LEE, Jn I ~lt~ ~c f ~~ ~~5 ~(~ /F Defendant fv«~~Fn~~~ibvrcl Pit I~os~ TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ •,3 xj ~ CIVIL TERM CIVIL ACTION -LAW AND EQUITY Praecipe Please issue a Writ of Summons in the above-captioned action and forwazd it to the Sheriff for service upon Ui Ung Lee. Respectfully submitted, Date: 3 6 G ~~~~~~ ' iY2za~yt~T~' Richazd P. Mislitsky, Esquire ~ Supreme Court Id, # 28123 One West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 (717)241-6363 Attorney for Plaintiff Q ~ ~ {1 ~_, ~- r { ~} n~' ~ ~ -, ~,' 1 W ~s O ^,. ~ ~ ~~ ~ ~ ~ - ~ -r '~ NATURAL LANDS TRUST, INC., : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. UI UNG LEE, Defendant NO. dG- ,379y CIVIL TERM CIVIL ACTION -LAW AND EQUITY Writ of Summons TO THE ABOVE-NAMED DEFENDANT: Ui Ung Lee 501 Park Hills Drive Mechanicsburg, PA 17055 You are hereby notified that the above-named Plaintiff has commenced an action against you. Date: Qu~ 3, a~G PROTHONOTARY ~,eL ~- ~~. NATURAL LANDS TRUST, INC., Plaintiff v. UI UNG LEE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Ob - 37~ / CIVIL TERM CIVIL ACTION -LAW AND EQUITY Petition for Injunctive Relief AND NOW comes Plaintiff, Natural Lands Trust, Inc., by and through its attorney, .. Richard P. Mislitsky, Esquire and respectfully files the following Petition for Injunctive Relief and in support thereof aver as follows: Plaintiff, Natural Lands Trust, Inc. is a Pennsylvania non-profit corporation having a principal office address at Suite 812, 616 Walnut Street, Philadelphia, Philadelphia County, Pennsylvania (hereinafter "NLT"). 2. Plaintiff is a Pennsylvania non-profit corporation having a perpetual existence, established as a pubic charity for the purposes of preserving and conserving historically significant land areas and structures, natural resources, natural habitats, and environmentally sensitive areas and for other charitable scientific and educational purposes for the benefit and enjoyment of the public. Plaintiff has both funding and commitment to exercise the aforementioned purposes in perpetuity for the benefit of public good by protecting and maintaining such azeas. 4. Defendant, Ui Ung Lee, is an adult individual having a mailing address of 501 Pazk Hills Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 5. Plaintiff has initiated a civil action in this matter by filing a Writ of Summons simultaneously herewith. 6. Defendant is the owner of certain parcels of real property located in Silver Spring Township, Cumberland County, Pennsylvania containing approximately 4.0015 acres as legally described on Exhibit "A" attached hereto and made a part hereof (hereinafter "Property"). Defendant is the owner of certain historic structures located on the Property having been placed in the Natural Registry of Historic Places maintained by the Department of Interior dedicated as an existing barn and the existing dwelling. These historic structures are significant in American and local history and of landmark importance. The structures are part of the McCormick Home Farm originally settled in 1745 by Thomas McCormick, the common ancestor in the McCormick family, who invented the reaper, which made possible the development of modem agricultural industry. 9. On or about December 16, 1986, Defendant and Mr. Han acquired title to the real property from Plaintiff who previously had acquired fitle by donation from the McCormick family for the purposes of, among other things, preservation of the McCormick farmstead (not at issue herein) and preservation of the historic structures. 10. Also on or about December 16, 1985, as a condition of transfer of title to the land upon which the historic structures sit, Plaintiff and Defendant entered into a Deed of Grant of Fagade Easement and Declazation of Restrictive Covenants (hereinafter "Easement" or "Fagade Easement") which provided to Plaintiff the right to enter the Property and inspect the historical structures in a reasonable manner at a reasonable time to oversee upkeep of the historical structures. A true and correct copy of the Deed of Grant of Facade Easement and Declaration of Restrictive Covenants is attached hereto and made a part hereof as Exhibit "B." 11. Upon representations made by Defendant, NLT believes and therefore avers that the interests in the Properly of In Han Kim, of 30 Middle Road, Sands Point, New York, New York 11050, were acquired by Defendant on or about July 1, 1995. Attached hereto as Exhibit "C" is correspondence to NLT. Also attached is Exhibit "D," the deed showing Mr. Lee is the sole owner of the Property. 12. The Easement is recorded in the Office of the Recorder of Deeds of Cumberland County in Book 327, Page 27 and is of pubic record. 13. The Easement further provides, inter alia, that Defendants shall maintain the historic structures and the fagade in good repair. This covenant shall be deemed violated if an act or omission or commission of the grantor results in either of the following: a. Material alteration of the fapade; b. Material or adverse defect on the structural soundness of the historic structures. (Refer to Easement section C.2.) 14. The Easement further provides that the opinion of Plaintiff shall be conclusive as to the materiality of the effects of any acts or omissions or commissions of the grantor in regard to maintaining the historic structures and fagade in good repair. 15. The Fagade Easement also provides that Plaintiffhas the right to enforce proceedings at law or equity to enforce covenants set within the Easement and to correct violations of any restrictive covenant contained therein and chazge the Defendants for repair and restoration the costs incurred by Plaintiff as a result of Defendant's violation of the Easement. 16. In addition, the Easement provides that Plaintiff shall hold the easement granted exclusively for conservation purposes in perpetuity and that Plaintiff shall fully enforce both of the rights granted to it and restrictions imposed under the Deed of Grant of Fapade Easement and Declazation of Restrictive Covenants. 17. The Covenants applicable to the Defendant are the same restrictive covenants imposed upon NLT by the McCormick family. BREACH OF DEED OF GRANT OF FACADE EASEMENT AND DECLARATION OF RESTRICTIVE COVENANTS 18. Paragraphs 1 through 17 above are hereby incorporated by reference as though fully set forth herein. 19. Defendant has failed to maintain the Property, specifically the fagade and structural integrity of the McCormick Home Farm structures as required by the Easement. 20. On or about September 8, 2005 Plaintiff sent to Defendant a notice advising Defendant of his violation of the Easement and the requirement to maintain the bam in good repair and structural soundness of the buildings. A true and correct copy of Plaintiff s correspondence is attached hereto and made a part hereof as Exhibit "E." 21. Thereafter in October, 2005, Defendant, with the assistance of his son, Yong J. Lee, advised Plaintiff that Defendant intended to sell 13.2 acres of commercial property and use the proceeds therefrom to complete the structural and fagade maintenance and repairs to the McCormick Home Farm structures as is required by the Easement. 22. Thereafter, Defendant failed to sell the commercial property and obtain funding for the maintenance and repair of the historical McCormick Home Farm structures. 23. Plaintiff, in exercising its inspection rights, hired independent professionals to provide an assessment of the structural integrity and repair cost evaluation for the McCormick Home Farm structures. The results of that assessment are as follows: a. The barn is currently in poor condition nearing the point of no return where restoration will be impossible. b. The remaining frame is subject to possibility of collapse. c. The roof no longer keeps weather out of the wooden structure. d. There is severe rotting and deterioration of the bents (being the core structural element of the barn). e. Attached as Exhibit "F" is a report from Lou Schneider, architect. 24. The professionals further provided that immediate action must be taken to preserve the continued existence of the historic barn. As evidence thereof attached hereto are two photographs of the historic barn at issue (Exhibits "G" and "H"). 25. Despite repeated requests for compliance with the Easement and repeated attempts to assist the easement owner in complying with the obligations and restrictions under the Easement, Defendant has defaulted under the Easement. 26. Plaintiff requests an immediate injunction to be entered against the Defendant to prevent the Defendant from further maintenance omissions and failing to comply with his obligations and responsibilities under the Easement in maintaining the structural integrity and fapade of the historic McCormick Home Farm structures as set forth herein. 27. In addition to the request made in the preceding pazagraph, and in the alternative thereto, Plaintiff requests injunctive relief permitting NLT representatives to enter upon the Defendant's land for purposes of stabilizing and reconstructing the historic structure and further request this Honorable Court to order a lien placed upon Defendant's property in the amount of all costs and expenses incurred by NLT. 28. Plaintiff's request for an injunction will prevent the following immediate and irreparable harm which cannot be restored once taken or compensated by damages: a. Loss of historic structures which aze significant in American and local history and landmarks of importance. b. Loss of property placed on the National Registry of Historic Places being maintained by the Department of Interior as a historic structure. c. Loss of structures containing actual materials, workmanship, architecture, and construction back as faz as 1745 which materials, workmanship, architecture, and construction cannot be replaced. d. Loss of public ability to review the historic structures. 29. The greater injury will result from refusing the requested relief than by granting it because Plaintiff has no other means by which to maintain the structural integrity and original fagade of the McCormick Home Fann structures. 30. The requested relief restores the parties to the previously existing status as set forth in the Deed of Grant of Facade Easement and Declaration of Restrictive Covenants. 31. The Easement/conditions asset forth in the Deed of Grant of Fagade Easement and Declaration of Restrictive Covenants entitle Plaintiff to the relief requested and make Plaintiff s request for injunction reasonable and actionable. 32. The relief requested is reasonably suited to abate the further deterioration and destruction of the McCormick Home Farm structures and is narrowly tailored to return the parties to the status quo. 33. Plaintiff's right is cleaz and the wrong to be remedied is manifest. WHEREFORE, Plaintiff respectfully requests this Honorable Court to: a. Issue a rule to show cause why an Injunction should not be granted against Defendants as requested herein and schedule a hearing date to address the issues contained herein; b. After hearing, issue the Injunction Order in the form attached to this Petition. c. Issue an Order placing a lien on the Property(ies) owned by Defendant. d. Such other relief as this Honorable Court may deem equitable. ~~~~~' ~ la2u~~~ Date: 3 ~6 Richazd P. Mislitsky, Esquire Supreme Court ID # 28123 One West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 (717)241-6363 Attorney for Plaintiff Attorney's Verification I verify that the statements made in the foregoing Petition for Injunctive Relief aze true and coned. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: 3 06 Richazd P. Mislitsky, squire ~~: ~. .~ McCORMICKILEE/LOT A.1 DEED OF GRANT OF CONSERVATION EASEM~NT.~-~: •:< i,- ,, :`~. AND .. .... .•.. DECLARATION OF RESTRICTIVE COVENA1bT~-r ~U r+I Z C2 TSIS DEED OF GRANT AND DECLARATION made 1986 is between UI UNG LEE, an individual wi- an a ress a~ 501 Park Hi11s Drive, Mechanicsburg, Pennsylvania 17055 and INHAN KIM, an individual with an address at 30 Middle Road, Sands Point, 'New York, New York 11050 (Grantors) and NATURAL LANDS TRUST, INC., a not for profit Pennsylvania corporation having its principal office at Suite 812, 1616 Walnut Street, Philadelphia, Pennsylvania (Grantee). A. 1. Grantor is the owner of certain real property located in Silver Spring Township, Cumberland County, Pennsylvania legally described on Exhibit "A" attached hereto and made a part hereof, said parcel being hereinafter referred to as the "Property" and previously known as a part of the McCormick Home Farm, originally settled in 1745 by Thomas McCormick, the common ancestor in the United States of the McCormick family that invented the reaper which made possible the development of modern agricultural industry. 2. Grantor desires to prevent subdivision or development of the Property which has remained undeveloped and in its open rural appearance essentially unchanged since the time of said Thomas McCormick 6y restricting its use according to the restrictive covenants contained herein so as to preserve the Property as open space for the scenic enjoyment of the general public and as a memorial to Thomas McCormick and the McCormick family. 3. Grantee is a non-profit corporation, having a perpetual existence, established as a public charity for the purpose of preserving and conserving historically significant land areas and structures, natural resources, natural habitats, environmentally sensitive areas and other charitable, scientific and educational purposes. Grantee has both the funds and commitment to hold the easement exclusively for conservation purposes as described more fully hereafter and to enforce the cestrictians contained herein. B. DEED OF GRANT OF CONSERVATION EASEMENT NOW, TREREFORE, Grantor, without receipt of consideration and as an absolute and unconditional gift, subject to the covenants contained herein, freely grants and conveys unto the Grantee, its successors and assigns forever a gerpetual easement in gross in, upon, and over the Property described in =PLAITITIFF'S ~ EXHIBIT BOOK 32'7 eacE (~59 .~ :' 4~ .. Exhibit A (the "Conservation Easement") for the purposes of preserving, protecting and maintaining the Property as agricultural open space for the scenic enjoyment of the general public as well as preserving, protecting and maintaining an historically important land area as specifically described herein as a memorial to Thomas McCormick and the McCormick family. The Grantee and the public shall have only the following rights ppursuant to this easement and no other and it shall in no event be construed to grant a right of entry to the general public: 1. The right of the Grantee, in a reasonable manner and at reasonable times, to enter and inspect the Property. 2. The right of the Grantee to enforce by proceedings at law or in equity the covenants hereinafter set forth. 3. The right of the public to view the Property from the public thoroughfare in its natural, scenic, open, and wooded condition. 4. The right of the Grantee to enter and correct violations of any restrictive covenant contained herein and to charge the Grantor for any repair or restoration costs incurred by Grantor's violation of this easement. 5. The right of the Grantee to construct, reconstruct, repair, alter end maintain, at Grantee's .expense, a.memorial commemorating the history of the McCormick family., including a scenic parking area to be located on a portion of the Property as shown on the Conservation Easement Plan attached as exhibit "B". C. GRANTOR'S AECLARATION OF COVENANTS AND RESTRICTIONS The Grantor, on behalf of him/herself, and his/her heirs, successors, and assigns covenants and declares the following restrictions on the use of the property which shall run with and bind the Property in perpetuity: 1. Unless approved by the Grantee the Property shall be conveyed, leased or otherwise transferred only as a single parcel; it shall not be platted or subdivided, or otherwise. divided, conveyed, leased, or transferred in more than one single parcel without the written approval of the Grantee. 2. No surface mining, filling, excavating, dredging or dr311ing, quarrying, including the removal of topsoil, sand gravel, rock, minerals or other materials or any building of roads. Changes in the topography of the land shall not be allowed except with the prior approval of the Grantee. No industrial or commercial activities shall be conducted on the Property with the exception of the following: (a) Agriculture, provided that such activity is conducted in accordance with good soil conservation practices and is not inconsistent with any easement or restriction contained aoox 32'7 erte~ 260 herein; ' (b) Livestock production, provided that such nativity is not inconsistent with any easement or restriction contained herein; (c) Construction, alteration, maintenance, improvement, replacement or rebuilding of structures or facilities used in connection with an activity permitted herein provided that such facilities are not inconsistent with any easement or restriction contained herein; purposes: (d) Timber cutting, but only for the following (1) to clear and restore forest cover that has been damaged or disturbed by forces of nature or otherwise= (2) to prune and selectively thin trees according to good forest management practices. 3. No signs, billboards or outdoor advertising structures shall be placed, erected, or maintained on the Property except one sign not exceeding four feet by six feet for each of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants; (b) to advertise an activity permitted under the provisions of this Grant and Declaration; (c) to advertise the sale of the Property subject to this Conservation Basement; (d) to identify lands subject to a conservation easement in favor of Grantee. 4. Not more than one single family dwelling or habitable building shall be located or constructed on the Property. 5. No depositing, dumping or abandoning of sny solid waste or debris or any 1lguid wastes or chemical substance or any other unsightly or offensive material shall occur on the Property except the following: (a) chemical substances for the purposes of maintaining or improving the growth of vegetation or the conservation of natural resources; and (b) effluent from improvements existing or to be constructed on the Property or lands adjacent thereto provided disposition is through lawful sewage disposal methods and BQQK 32'7 PAGE 261 .. :. facilities. 6. The Grantor, his/her successors and assigns shall pay all real estate taxes validly assessed and levied against the Property, including any such taxes validly assessed and levied against the Conservation Easement by competent authorities, for their respective periods of ownership, it being the intent hereby to relieve Grantee of such tax burdens. 7. If the Property or any part thereof shall be taken by condemnation this Conservation Easement shall terminate automatically as to the property so taken, to the end that the Grantor, his/her heirs and assigns, may be as fully compensated as though this Conservation Easement had never been granted. The condemnation award made in such taking shall first be applied in satisfaction of all indebtedness secured by any first Mortgage Lien, and the balance, if any, shall then be shared by the Grantor and Grantee by apportioning to the Grantor the value of 'such taken property, part or interest as limited by the restrictions contained in this Conservation Easement, and apportioning to the Grantee, the difference, if any, between such value and the total condemnation award. This Conservation Easement shall zemain in full force and effect with respect to any portion of the Property not taken by such condemnation proceedings. 8. The terms and conditions of this Deed of Grant of Conservation Easement shall be included in any subsequent deed of the Property. D. GRANTEE'S DECLARATION OF COVENANTS AND RESTRICTIONS IN CONSIDERATION of the aforementioned covenants and restrictions on the use of the Property covenanted and declared by the Grantor on behalf of him/herself, and his/her successors, heirs, and assigns, the Grantee, by acceptance of this perpetual easement in gross, covenants and declares the following on behalf of itself and its successors and assigns: 1. Grantee shall hold the easement granted herein exclusively for conservation purposes as specifically described herein in perpetuity. ' 2. Grantee shall fully enforce both the rights granted to it and the restrictions imposed under this Deed of Grant of Conservation Easement and Declaration of Covenants. If the Grantee or any successor Grantee shall fail to enforce fully the easement or the restrictions imposed under this Deed and Declaration, or fails to hold the easement exclusively for conservation purposes as specifically described herein, then the rights and duties under this Deed of Grant of Conservation Easement and Declaration of Covenants shall be awarded to another qualified organization having similar purposes under the doctrine of cy pres by a court of competent jurisdiction, provided, BOOK 3?_'7 PACE ?62 however, that at the time'of such award such entity shall hold this Conservation Easement exclusively for conservation purposes as specifically described herein in perpetuity. 3. Grantee, and any successor Grantee, shall have the right to assign, either wholly or partially, its tight, title and interest hereunder provided that the assignee shall hold this Conservation Easement exclusively for conservation .purposes, as specifically described herein. IN iIITNESS fiREREOF, the patties hereto have executed this Deed of Grant of Conservation Easement and Declaration of Restrictive Covenants. Witness: Grantors: U Ung ee Inltan Kim Date: LZ'CPmbar 1 ~ Grantee: ~ NATURAL LAN 9Y: Andrew L Execut3V TRUST, INC. rector ,~~ ~~ eooK 3?_7 PAGE 'l_E;3 (SEAL) .4 .• n STATE OF~~[/J . SS. COUNTY OF On this, the ~ day of ~~ 1986, before me, the undersigne o facer, persona y appeare ANDREW L. JOHNSON, who acknowledged himself to be the Executive Director of NATURAL LANDS TRUST, INC., a not for profit corporation organized under the laws of the Commonwealth of Pennsylvania, that he as such Executive Director, being authorized to do so, executed the foregoing instrument-for the purposes therein contained by signing the name of NATURAL LANDS TRUST, INC., by himself as Executive Director. real. IN NITNESS 1fSEREOP, I hereunto set my hand and official My Commission Expires:3/~/~~ r..... :ti • On this, the ~p~ day of cx , 1986, ': before ae, the undersigne3 officer, persona y appeare UI UNG LE$ known to >te for satisfactorily proven) to be the person wh name is subscribed to the within instrument, and acknowledgad~; that he executed the same for the purposes therein contq~ic-, ~~'~, STATE OF ~ ~ 1~/V~.If~ SS COUNTY OF ' seal. IN 1oITNESS NHEREOF, I hereunto se My Commission Expires: 11y~"~`~`"°'"""~ 14r~bur(. to W~ Count BOOK 3~~ PACE ?_fi~! .. STATE OF iA ~~ SS COUNTY OF p_,~~~~ On this, the !~~ day of before me, the undersigns o ficer, personal known to me (or satisfactorily proven) to be name is subscribed to the within instrument, that he executed the same for the purposes t seal. 4C , 1986, y appears INHAN 1CIM the person whose and acknowledged herein contained. IN NITNESS NHEREOF, i hereunto set ~-iseQd end bt'~icial 11$tmM F.1Mamad, ]r, Nahry fl ~ IIIt1~ri ilY DwpNn Cowl BOOK 327 PdCE 265 VO/[L/GUUO '1'tlU 17: U4 FAX 61U !7d U%7 NATURAL LANDS TRUST ~oo9~oa3 • ~ ~' ' EXHIBIT "A" - WILLIAM A. BRINDLE . ASSOCIATES SURYEYING AERIAL PHOTOGRAPHY MAPPING P.O. Boa 679 • 220 Lincoln Woy Emt CtnmDeraWxp, Po. 17201. Plwne (717) 264-2790 ' METES AND BOUNDS DESCRIPTION foz ' NATURAL LANDS TRUST, INC. • ' PARCEL A-2 • actuate in SILVER SPRING TOWNSHIP • •CUNSERLAND COUNTY PENNSYLVANIA DEGINNINC at an existing iron p!n st corner of lands of George Wsde, Js. and lands of Robert Flowers; thence along lands of George Wade, Jr., South 67 degrees 16 ainutas 47 seconds Vest 119.OS feet to a ae! iron pin at corner of 'other lands of Natural Laads Trust, Inc., known ts.Yareel A- '-~' 3; thence along lands of Natural Lands Trust, Inc., Parcel A-3, and crossing to •the western right-of-way line of abandoned L.R. 21001, now Township Route 717, Norifi 84 • degrees OS minutes 09 seconds Vest 126.86 fret to a point; thence eoniinuing along la9da•of Natural Land s. Trust; Inc., ' Parcel A-], South S6 degrees 35 ainutes 48 aeeoada Veat ' 416.2b feet to • point at other lands of Natural Lands :ri Trust, Inc., known as Parcel A-1; thenca continuing along linds of Natural Latids Trust, Ioe., Parcel A-1, Nosth ] ~{ degrees 22 ainutes•48 seconds West 444..73 teet•to'a point; • , Lond §uDdivision Sewope En/orcement Computer GropniGs •• BOOK 327 PACE 277 .._- - ,,, U6/LZ/2006 TRU 15:05 FAX 610 353 051) NATURAL LANDS TRUST ®010/023 .. .~., ' WILLIAM A. BRINDLE ASSOCIATES ChambessburR, Ptnnsylvania Netea and Bounds Description Natural'Landa Trust, Inc. - Parcel A-2 Page 2 of 2. thence continuing along the same, North 73 degrees 31 minutes 11 seconds East 340.00 feet to an existing iron .pin ' at corner of lands of Ao~bert Flowers; th'enee along lands of Robert Flowers,. South 45 degrees 32 minutes 50 seconds East ' 397.42 ,feet to an axiating iron pin, being the Plaea of Beginning. Containing '4.0015 acres gross area less 0.2232 acres for Township Route 717, leaving a net total of 3.7783 acres as shown on a Survey of Land ae prepared by •Wllliam A. Brindle Associates, dated November 3. 1986, for Natural Lands Trust, Inc. .j BOOK 37.7 PACE ~7$ ° ' A2 i Ub/L'L/LUVb THU 15:05 FAX 610 353 0517 NATURAL LANDS TRUST ®011/023 1 .~ ' ! ~ 1 1~VILLIAM A. BRINDLE ASSOCIATES SURVEYING AERIAL PHOTOGRAPHY MAPPING P.0. Boa 679 • 220 linean Wo7 Eo~r CramDenourq~ Po. 17201 • PAa+e 1717! 26a-2790 METES AND BOUNDS DESCRIPTION for NATURAL LANDS TRUST, INC. PARCEL A-3 situate In SILYER SPRING TOWNSHIP • .CUMBERLAND COUNTY PENNSYLVANIA BEGINNING at an existing lron •p in at corner of Lands of Ceor;e Wade Jr.; thence along lands of George Wade, Jr., crossing abandoned b.A. 21001, now Township Route 717, and along a 16-foot Yub11c Alley, South SS degrees 14 ainutes 19 seconds West 467.18 feet to a point at eo:ner of other lands of Natural Lands Trust, Inc., known as Parcel A-1; thence along lands of Natural Lands Trust, Inc.. Parcel A-1, North 5•degrees 22 rolnutea 48 seconds West 454.42 feet to a point at corner of other lands of Naturrl Lands Tsust, Inc.,' known as Parcel A-2; thence along .lands of, Natural Lands Trust, Inc., Parcel. A-2, North Sd degreea•3S.roinutea 48 seconds Eaat 416.26 feat to a point on the western right- of-way line of abandoned L:R. 23001, now Township Aoute 717; thence crossing said Township Route 717 and continuing along lands of the sane, South 84 degrees.~OS.minutes 09. seconds ti LanO SYDO/v/SiOn Sewoge •Enlorcement Computer GropAics coat 327 PACe 279 UO/G[/[UU6 THU 15:05 FAX 610 353 0517 NATURAL LANDS TRUST • ~ 'r WILLIAM A. BRINDLE ASSOCIATES C:jiambersburR, Pennsylvania ' Metes anff Bounds Description Natural Lands Trust, Inc. - Parcel A-3 Page 2 of 2. ®012/023 East 126.86 feet to a set iron pin at corner of Lands of George Vade, Jr.{ thence along Lands of Ceorge Vade, Jr., South 8 degrees 58 minutes. 20 seconds Vest 408.23 feet to an exiseing iron pin, being the Place of Beginning. Containing 4.5010 •acres.groas area leas 0.4411 acres for Township Route 717 leaving a nee total of 4.0599 acres as shown on a Survey of. Land prepared by Villiam A. Brindle Associates, dated November 3, 1986 for Natural Lands Trust, Inc. :' BDOK 32'7 PACE 2&O State o/ PennsYly, nia 11• ' County u! Cwnbc•: sand I •SC • Recorded in the ef'ica for the recording of Desds etc~.,liyn~a~nd fot Gi~mher(rnc Couniy, Pa. ' IUD":` ^. eiool;3~•Z./Li. - ~-'1 O ~ ° m•:tness rt; I~crd and s. • _ PuB~ ~ Y ~i o~o~ef-ice, a; ;.,L~'s=.sl~. t~`~~ day ~!~'°~~'~ 78~'. U 6/22/2006 THU 15:05 FAA 610 353 0517 NATURAL LANDS TRUST .. ~. • 4~ Jy• ! 1' > ~© R M oe. tb., ~. R.ylbq 'A-3" rr Areas 4.0015 AC rcrott anal 'A-2" 0.2232 Ae. Ir.R. RRe. 7171 3.7783 Ac. r N.1 a..o r 4.5010 Ac. rrvoee a..o) 'A-3" 0.44!1 Ac. rrr.. M..7m 4.0599 Ac, t/cer areal _ BOOK 32'7 PACE 251 ,..• .> SSB'35'40"E ~~ 208.2P p 10'17'25" R 602.96' ~--•^-^L • 108.29' T 34.29' yvn .•I•br Mtir. NL C • IOB.75' Rurv. 26'21'27"W CB 563•%'10"E 37.36' \S26• gl'33~ !56.49' e'oYc . 3 i ' ro V~ ` Rohn R Mwn R!{ / ess C2Y 59' 13"E 113.44' ®ol3ioas PROPERTY LINE 04TH ~ - N36.35'48"E 4/6.26' ®. seq•os'o9"E 126.e6• sbT•16'47"W 119.05' e••'M Rbsr x onin SURVEY OF LAND f1N.le ti SILVER SPRING TOWNSHIP CUMBERLAND COUNTY, PENNSYLVANIA a NATURAL LANDS TRUST., INC. "•_~' WILLIAM A. BRINDLE ""~ ASSOCIATES ~~~. R.r. SURVEYING rr CHAMBERSBURG. PA. 2651-4 I EXHIBIT H 06/22(2006 THU 15:01 FAX 610 353 0517 NATURAL LANDS TRUST ,~~..~ . ..., ., ... ~~ McCORMICK/KIM/LOT P..2,A.3 DEED OF GRANT OF FACADE EASEMENT AND '$5 CtC DECLARATION OF RESTRICTIVE COVENANTS ~~ :~If Z ~`~ THIS DEED OF GRANT AND DECLARATION made pp ~~~~ , 1986 is between UI UNG LEE, an individual with an a ress e~-5a1 Park Hills Drive, Mechanicsburg, Pennsylvania 17055 and INHAN ICIM, an individual with an address at 30 Middle Road, Sands Point, New York, New Xork 11050 (Grantors) and NATURAL LANDS TRUST, INC., a not for profit Pennsylvania corporation having ita principal office at Suite 612, 1616 Walnut Street, Philadelphia, Pennsylvania (Grantee). A. BACKGROUND 1. Grantor is khe owner of certain real property 'located in Silver Spring Township, Cumberland County, Pennsylvania legally described on Exhibit "A" attached hereto and oade a part hereof, said parcel being hereinafter referred to as the "Property" and previously known as a part of the McCormick Home Farm, originally settled in 1745 by Thomas McCormick, the common ancestor in the United States of the McCormick family that invented the reaper which made possible the development of modern agricultural industry. 2. Grantor is the owner of certain structures located on the Property which have 'been placed on the National Register of Historic Places maintained by the Department of the Interior (the "Historic Structures"). The Historic Structures are d'esiq~ated as the Existing Barn (Lot A-2) and the Existing Dwelling (Lot A-3) on the Plan attached hereto as Exhibit "B". 3. Certain portions of the exterior of the Historic Structures (i.e., all faces of the Existing Dwelling except the western exposure and all faces of the Existing Barn except the northern exposure) resemble, as of the date of this conveyance, all of those photographs, renderings, architectural drawings and/or architectural descriptions attached as Exhibit "C" hereto (collectively, the "Facade"). The Facade shall not include any items of personal property visible in photographs but not incorporated in or affixed to the exterior surface of the Hietorie Structures. 4. The Historic Structures are significant in American and local history as a landmark of importance, and Grantor desires that the architectural facade of the Historic Structures be preserved, protected and maintained in accordance with the restrictive covenants contained herein. 5. Grantee is a non-profit corporation, having a perpetual existence, established as a public charity for the . purpose of preserving and conserving historically significant land areas and structures, natural resources, natural habitats, ~ PLAINTIFF'S ~ EXHIBIT a a BOOK 327 Pace ~; 0 fdooz/oz3 ... ::rr-;:e a: 7HF ~ n. 06!2212006 THU 15:02 FAX 610 353 0517 NATURAL LANDS TRUST X003/023 environmentally sensitive areas and other charitable, scientific and educational purposes. Grantee has both the funds and commitment to hold this Facade Easement exclusively for conservation purposes in perpetuity and to enforce the ' restrictions contained herein. ' B. DEED OF GRANT OF FACADE EASEMENT [VOYi, THEREFORE. Grantor, without receipt of consideration and as an absolute and unconditional gift, subject to the covenants contained herein, freely grants and conveys unto the Grantee, its successors and assigns forever a perpetual easement in gross over the Facade of the Historic Structures (the "Facade Easement") for the purposes of preserving, protecting and maintaining the Facade of said Historic Structures in accordance with the restrictive covenants contained herein. The Grantee and the public shall have only the following rights pursuant to this easement, and in no event shall any provision herein be construed to rant a right of entry to the public either onto the Property or into the Historic Structures: 1. The right of the Grantee, in a reasonable manner and at reasonable times, to enter the Property and inspect the Historic 6tcucturesi 2. The right of the Grantee to enforce by proceedings at law or in equity the covenants hereinafter set fortht 3. The right of the public to view the Historic Structures from the public thoroughfaret 4. The right of the Grantee tv enter snd correct violations of any restrictive covenant contained herein snd to charge the Grantor for any repair or restoration costs incurred by Grantor's violation of this Facade Easement. C. GRANTOR'S DECLARATION OF COVENANTS AND RESTRICTIONS The Grantor, on behalf of him herself, and his/her heirs, successors, and assigns covenants and declares the following restrictions on the use of the Property which shall run with and bind the Property in perpetuity: 1. No construction, reconstruction, alteration, modification, maintenance, improvement, capair, replacement, or rebuilding of the Historic Structures or the Facade may be undertaken if either of the Following may, or is likely to, result therefrom: (a) Material alteration of the Facade] or (b) Material adverse effect of the structural soundness of the Historic Structures. aooK 327 Pace 271 06!2212006 THU 15:02 FAX 610 353 0517 NATURAL LANDS TRUST ®OOdl023 The opinion of the Grantee shall be deemed conclusive as to the materiality of the effects of any of the above-mentioned operations affecting the Historic Structures or the Facade. Grantor may, but is not required to, request and obtain a prior written opinion of Grantee as to the materiality of the effects of any contemplated construction, alteration or any other operation which may result in the alteration of the Facade or the structural soundness of the Historic Structures. 2. Grantor shall maintain the Historic Structures and the Facade in good repair. This covenant shall be deemed violated if nn act of omission or commission of the Grantor results in either of the following; (a) Material alteration of the Facade; or (b) Material adverse effect on the structure! soundness of the Historic Structures. The opinion of the Grantee shall be conclusive as to the materiality of the effects of any acts of omission or commission of the Grantor. 3. Notwithstanding Grantor's obligation to maintain the Historic structures in good repair, in the event that the Historic Structures are so destroyed by fire or other casualty so that the beneficial purpose of historic preservation is tin the opinion of Grantee) frustrated, then Grantor may be relieved of the obligation to repair and restore the xistoric Structures to their condition prior to such casualty lose snd the Property shall be released from the burden of this Facade Basement and Declaration of Covenants which shall be removed from the public record by the Grantee. 4. No signs, billboards or outdoor advertising Structures shall be affixed to the Facade or placed, erected, or aaintained on the property so as to obstruct 'public view of the Facade except one sign not exceeding four feet by six feet for each of the fallowing purposes: (a) to state the name of the Property and the names and addresses of the occupants; (b) to designate and commemorate the historic significance of the Historic Structures on the Propertyr ic) to advertise the sale of the Property or any portion of the Property subject to the easement granted herein; (d) to identify lands subject to a conservation or facade easement in favor of Grantee. 5. The terms and conditions of this Deed of Grant of Facade Basement and Declaration of Covenants shall be included in any subsequent deed of the tract or parcel of the Property eflox 327 encE 272 06/22/2006 THU 15103 FAR 610 353 0517 NATURAL LANDS TRUST ~•. underlying the Historic Structures. D. GRANTEE'S DECLARATION OF COVENANTS AND RESTRICTIONS ®005/023 IN CONSIDERATION of the aforementioned covenants and restrictions declared by the Grantor on behalf of him/herself, and his/her successors, heirs, and assigns, the Gcantee, by acceptance of the perpetual easement in gross, covenants and declares the following on behalf of itself and its successors and assigns: 1. Grantee shall hold the easement granted herein exclusively for conservation purposes, as specifically described herein, in perpetuity. 2. Gcantee shall fully enforce both the sights granted to it and the restrictions imposed under this Deed of Grant and Declaration. If the Grantee or any successor Grantee shell fail 'to enforce fully the easement or the restrictions imposed under this Deed of Grant of Facade Eesment and Declaration of Restrictive Covenants, or fails to hold the Facade Easement exclusively foc conservation purposes as specifically described herein, then the rights and duties under this Deed of Grant of Facade Easement and Declaration of Restrictive Covenants shall be awarded to another qualified organization having similsr purposes under the doctrine of ~~c__yy__pp~res by a court of competent . jurisdiction, provided,~ec, that at the time of such sward such entity shall agree to hold this Facade Easement exclusively for conservation purposes, es specifically described herein, in perpetuity. 3. Grantee, and any successor Grantee, shall have the right to assign, either wholly or partially, its right, title and interact hereunder provided that the assignee shall hold this Conservation Easement exclusively for conservation purposes as specifically described herein. 8008 $27 PACE ~ i 3 Ofi/22l200fi THU 15:03 FAX 610 353 0517 NATURAL LANDS TRUST IN 11iTNESS NBEREOF, the parties hereto have executed this Deed of Grant of Facade Easement and Declaration of Restrictive Covenants. Witness: •~(S EAL Grantor: Grantee: NATURAL LANDS TRUST, INC. $Y ~ lei,.-a.7,~~-^- .., Executi e D rector aoac 327 ence 274 ®006/023 06/22(2006 THU 15:03 FAR 610 353 0517 NATURAL LANDS TRUST ®0071023 STATE OF l ~ ~ , V .. ~ _ SS COUNTY OF ~ , On this, the _1_d~ day of 1986, before see, the undersigns o firer, persona y appear DREW L. JORNSON, who acknowledged himself to be the Executive Director of NATURAL LANDS TRUST, INC., a not for profit corporation organized under the laws of the Commonwealth of Pennsylvania, that he as such Executive Director being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of NATURAL LANDS TRUST, INC., by himself as Executive Director. seal. IN NITNES5 NHEREOF, I hereunto My Commission Expires: STATE OF f Y/V/rna~ COUNTY OF 1V a/o%~ : SS s On this, the p~t `_ day of , 1986, before ne, the undersi~~n~o~ficer, persona y appeaie3 UI UNG LEE known to me (or s8tisfactorily proven) to be the person whose Hems is subscribed to the within instrument, .and acknowledged that he executed the same for the purposes therein contained. IN NITNESS NBEREOF, 2 hereunto seal. c My Commission Expires: &nj~min i. Hsr MY Commission E H~rNsyoq, soar 327 ease ~.5 and off ~. 06/22/2006 THU 15:04 FAX 610 353 0517 NATURAL LANDS TRUST ®008!023 STATE OF \ ~~~1 ~~~ SS COUNTY OF ~„V / , On this, the ( ~ ~ day of , 1986, before me, the undersigne o facer, persona p appesare INHAN RIM known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged Chat he executed the some for the purposes therein contained. IN 1iITNESS NKEREOF, I here seal. Ny Commission Expires: BOOK 3?_'7 PAGE ?_ i 6 Jill A. Bemis Vice President Finance and Administration Natural Lands 1Yust, Inc Hildacy Farm 1031 Palmers Mill Road Media, PA 19063 Ref :Buyout partnership from Inhan Kim (McCormick Farm) Dear Ms. Jill A. Bemis '"$; ~ , `~ z 6 ~~v j i~~ ~.=~ This letter is to let you know that I am buying out partnership of Inhan Kim in New York as of July 1, 1995. Over the years, he was unable to perform his due and virtually I took care of everything in the matter of this farm, so that may have him feel uncomfortable for being partnership and also he is no longer interested in the partnership. By his offering me to take over partnership, we have come to mutual consent in doing so. The rest of matter will remain in same without any consequence. Please let me know if you have any concern in this transaction. Sincerely, HUL/skl CC: File Inhan Kim PLAINTIFF'S ~ EXHIBfT J c.~ ans n ~_t~ c./ June 20, 1995 06/29/2006 THU 15:26 FAX 610 353 0517 NATURAL LANDS TRUST FROM :I,~OLFTRS ~~~ 153 ~ CCU FRX NO. :7172459661 ®ooz/o1o Oet. 04 2005 09:02RM PS ..,; 1dGS I'l/ir 5 Aln 8 3y DEED ~,., ~a ©rantor: UI Ung Lee and Inhan Klm TO Grantee: Ui Ung Lea The address of the above named Grantee is: Mr. UI Ung Lee • 31 Old WOlow Mill Road Mechanicsburg, PA 17055 Certified PEXHBTS D N ROOK ,Z4B PACE3'rzt a 06/29/2006 THU 15:26 FAX 610 353 0517 NATURAL LANDS TRUST FRt7M ~ l.K~-F7F~ FRY. hR~. . 7172A59661 ®003/010 Oct. l34 2005 09~02FlM P6 This Indenture is made this ry*'' day of oars, Zoos. Between Ui Ung Lee, an Individual, and Inhan Ktm, an individual (nerolnatter canna the Grentor) AND Ui Ung Lae, an Individual thereinafter eatled the Grantee), Witnesssth That the said Grantor for and in consideration of the sum of Ten Dollars ($10.00) lawful money of the United Stakes of America and dher good and valuable consideration, unto Grantor wail and truly paid by the said Gfantee and at or before the sealing and delNery hereof, the receipt whereof is hereby acknowledged, has granted, bargained and sold, released and confimted, and by these presents does Brent, bargain and seA, rolease and confirm unto the said Grantee and Grantee's hetra, successors and assigns: SEE Fa(HIBIT "A" attached hereto. 8EiN0 the same premises which Natural Lands Trust, Inc., a Pennsylvania non-profit corporation by Deed dated 12/16119$6 and recorcled 12/18/1986 in Cumberland County in Daed Book J 32 Page 471 conveyed unto UI Ung Lee end fnhan Kim, in fee. Under and Subject to au covenants, easements and restrictions of record. Together with eN and singular improvements, ways, streets, allays, driveways, passages, waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances, whatsoever unto the hereby granted premises belonging, or in anywise appertaiMng, and the roversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim and demand whatsoever of the said Grantor and Grantor's heirs, successors aril assigns, as welt at law as in equity, of, in, and to the same. TO haV~ and t0 hO~d the said lot(s) or piece(s) of ground above described with the hereditaments and premises hereby granted, or mentioned, and intended so to be, with the appurtenances, unto the said Grantee and Grantee's heirs, successors and assigns to and for the anfy proper use and behoof of the said Grantee and Grantee's heirs, successors end assigns, forever, b0ox ',ZS$ PA6E$'~ 06/29/2006 THU 15:27 PAX 610 353 0517 NATURAL LANDS TRUST FR0P1 :IJOL.FT85 FRY, NU. :717245966] And the said otantor and Grentora hsila and aaslpna do by these preaetda, ®ooaiolo Oct. 04 2005 09:03819 P7 covenant, gsrnl and spree, to and with the saki oratdea and Grentee'a hales end saalpna, that the Laid Grantor end Grantofe heha and esafpns aN and aklpubr the haredibmanb and premkss hsnsin above dssorlbed and premed, or mentloned and intended w fn ha wNh tM appwtatsmcas urao the Bald (3rantoe and Orraea's hNra, suxaeaore end aalpns, egahut the said GrentoT and Grantels help anti aealpna all end every Pereon or Persona vAwmwavsr IawfutVy dalmfnp or ~ Disko dte same or any part thereof, by from, or wider firanOr and Grantors hero and aaipne, Under and subJed as aforesaid, shall and vrAi WARRANT anti forever DEFEND. In Witness Whereof, the veld Gran0or bas caused Mieee presents w be duly exaeubd doted the day end year lkat at:ova wrtden. Sealed and Delivered IN THE PitE9FNCE OR Ua ~~ ~,p-;t~~~ UiUnp //~,,~ y. ~ ~ . Inha m F ~ ~ 11 A ' ~ ~ n a ~~~ a _ }~}~j!!j.. ~ S, C 1I ~ ++ ~ ~ ~ Y ~ ~ .u i i i y O ~ ~ r~9 ~ ~ ~ T ~ ~ ~ s s ze to ~ = yi c, ~Y .~ W M j w: 'n. fJi '.Y :•iF~Y .S. Y + '3 w . ~ . p n+ 4ooa 268 ~E3?23 06/29/2006 THU 15:27 FAX 610 353 0517 NATURAL LANDS TRUST FROM :6JOLF7RS FRX N0. :717245%61 COMMONWEALTH OF PENNSYLVANIA ) SS COUNTY OF CUMBERLAND ) ®oos/o1a Oct. 04 2005 09:03RM PS On this, the_ `i day of ~~'C i i.,. 2005, before me, a notary publ~ the undersigned officer, personally appeared U1 Ung Lae, known io me (or satisfactorily proven) to be the person whose name 1s subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and ottlclal seal. s°'' otary ubllc ~C Htr c~~,„w~ sxp~a~ru"~loar Mw,w.r, Pe,nrN~ AMOdatlon a Harw My Commission Expires: ~ - 1 -fig , r I I 1 6ooir 2b'8 r~ce3724 i. 06/29/2006 THU 15:28 FAR 610 353 0517 NATURAL LANDS TRUST FROM :IJOf..FTRS FRX h~. :7172459661 COMMONWEALTH /STATE OF ale... `I~. ) SS COUNTY OF -, lv..~ ~{ oc~t ) ®oos/olo Oct. C~14 2005 09:03RM ~ On this, the ~_ day of 200fi, before me, a notary public the undersigned officer, personally appeared In an Kim, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and offlcfal seal. Notary Pub9o 8111ep M~Nnv Yak eo.OtPw~ojlyylOta coas~M,luly 1,.r~ N ry Public My Commission Expires: Awe ~_ ,.. bO01t 2~ PAGE,~72Jr UO/~Y/ZUUb TNU 17: Ztl FAIL b1U ibi U~17 NATURAL LANDS TRUST FROM : LIOLFTRS FAX NO. : 717245%61 sw. lhn-: ~ exiatlo icon pin on t touts 1~ a4 oosnas of • the notch SoyyaL•cight-~ dagnaa 00 slastar l3 ieea pip at atnos et lhalwo elany9 lands aoM dgteeii » iindNa 1! iren sin at e0ialt O! Exhibit "A" (Page 1) oe tsaet et ~007/O10 Oct. 04 2~5 09:0:~ftM P10 4. b:Mer SFK^9 Tbw~rb7p IARMO at as O! p,f. , aaalal Naian 11 pa~iNa 77 stage ia'afaalMa moss it7•.7i Laa~ ia. as axintinq lion pin tt ee nas et laadt o! t.1l,N •eospesaklot~ thaaoa O1onq lands o! l.1t.N. Caspeiatioa, Noet6 ;0 Oagioot 11 • alastsa i! aoaeuda east 031,01 toot to to oaltttq icon pier thaaea oontiuuiay aleny eha saws, Noath 31 dalnaa !q lintitli b taaonda teat SIif.3/ last to a set ties DDina a Nat to eernoc of lands ei Chaelat VaaeaJ thaoea alauy lands eL ela• •aneo, Moslh S1 dsysaat Of aiewtaa 14 NOnwdt pat 1;30.71 last to as •:intieq,lien pin along !ho soothers siyYtre!-~vay ei To~aMlp ltoato 6791 theuoa a3on0 the eouthaen ei;kt-ot~77 1!u• o! ?owMhlpp tenle D7l, leuth 00 da'saet 1f riaulea !0 oaoos+da tut 301.31 rust to an.asittin~ icon plnJ LMuoe ees!laola0 aleaq thi • sae ea a ousw !o the 1s t ba~lM a sadlun •t'f03.1i to•!, nn sea Lan th o! 100.3! teat and a ed beaiin0 tad dlntkaeo a! mouth 0~ aggress <1 slantas 10 taeeodt Cant OO.ia Rae! to as •aiatin0 lcoa ola tt oosnoe o! lands o! ttu Allaa Ilogiakiy tasesa, ino.r hewea sieaq hale o! tba >.ilu ^e~itts~ aNiaa}t, ins., tauth li degcaoa li wlautaa 37 oaaeada Nat !1. a tat to as exietiag iten.pln7 thenas centiwtinq along tho aaaK, teutll 31 degioaa I1 wlstltaa 33 taaada tact 100.11 rat to aw oalitl isou p!a at eoenor of lands e! teWet iloweaJ thbneo a1~ lauds e! nebaet tlowsi; tarih it aslsaes 30 wisutea !0 s goods east Ilt.1/ test to an saiatla! isoa piat lhoneo oantlnulaq alon0 the sue, tooth 3= degtoa S9 aitiaa 1l aaoAds t11at 111.11 !a! to an axittiaq Leon piaJ at setaae et ether landu e! NaWsal wwda 'ltyst, Igo., kwevn at laseol J-:itt lMna •otWs lands e! , , Natucai Lawda stoat. tea., lASOOi•1r3, toatM~3•dgs•aa 31 dnutea 37 taoeMt Neat 3to.00 feet ro a !e! tt•ZWaoa eeutlenino • •lonq the saws, teeth 3 dagcNa 33 ainotbt t~•saaoada scot 110.77 laet to • point at oosnoe at athse 1aM~ e! Natoeal WMa ecwt• Ins., kaevo as lacoai I--lt th•uea +lon9 ether iaada o[ N~tocal wads teuat. Ina., lasaal A-3, foutb 1 do0iaos 3! ainrles 10 eeeands east 101.13 oat to a peint along a 10-toes shtblia alleyl theaea slaap the 16-feet tubllo ails , toath•!i6 Moseea it winotee 1! etoends M•s! 730.70 lost to as eaiatla 'lsea•plaJ thenoa aloa~ the 16-loot lablie a11aY sad Lands:s~ tlnjawlw J-isxaa8ts, oath i1 dageast !! winotaa /1 aaonda Neat 731.b last !o sn •xlotlnqq iseo p1n~ than aloaq lands a! Oaniaale alesandet,. Leath 3i d~rpa t witwtes • tt ueeada' test 7l,lt , , •. leee is as exiatiay lees pin. Wing ehe'tlaos o! •tgtaaig0. CoM'iasNiNO 100,0051 aeees as'sbmm ea a• iatwy e! Laad s• ppte~ared by Milliao A. acladla aasoaiatss, dated Ne~eabee 3,' 19ai, ee flataeal Lands Trust, Tna. ttiNO kaoun as lereal a-i, adOK 268 Pace37'26 (continued on next Pagel 06/29/2006 TRU 15:29 FA% 610 353 0517 NATURAL LANDS TRUST FROM :6.N7LFTRS FRX N0. :7172453661 moae/olo Oct. 04 2005 09:04RM P11 Exhibit "A° (Pegs 2) ah7/ astagl • poctiea pi; oaiaks Nhtah Chaelpa pNeisyj ' foCegaiak, lreoka iMeCeniok, pnd faapb!s OspssitNbk'opd•TtusL ': Ceappay, p7,i as stwte.s ycaptad.ppd•oop~pyad.apis.natatal wadi. •. :ta,e :fe. by sped datpZ Ilfr 1~ 1~i~..+w t.oerm.a w.~ ~t' 1~Ri•.sa. • . the OF!!oa o! the ppeordet,e Opob •!a apd••!et Cwbot ~p0 Coapty is Daod took e, voleae )0 at hyp,.320., , , 's ~•!~• .. ,t .,,; •ally eta Tll1X CsRlatK ppteal or tcaat e! lapel lRtll~liM/,•.. pt ap Htlitip4 irOp pta at eecpRr a! lppdp e! oaaep•tnds!'.it. aad laada e! ll0bote ~ lows~~l1t theses pleap• lapda .k A16t~1.Mida, Jr:, loath i7 dpgcppt 30 sdaatps It oepapdp•11apt iil•Of~lipt to i pet lsoa p!a ae eetper o! etMs lppds st 11pWsa11 wp~s•TCUSe tne.. ka p• satasl A-1- theaap aloes laMa o! Mptseal Wa~p ' lisp s! absedoppd L.R. 71001, aav lorflbl0 7eatp.7l7y. MoctA'!1 '' de0tpoa OS adpatep Of pocopdp Mppt 120.11 lest to'a polatl thpna~ aoptinaia alaa0.lpadp a! lgtueil Lpfda leapt ida. •ppeopl a•3, loath ft ~a9rees 3l ainutoa /l pweadp Kept 4i/.2i spot to • point ae etpoe lpedp et Mptuepl Lppdp Sriat tao.; kaaas ps facepl n-11 theaeo eoatiaeipy ales leads e~ Nptacal ippdp ycaat, Iao. tasooi ~--1, Moeth 1 doOceap 32 ptaatep // paoeads Noat• 111.1 spot to a poiatl ehppop aeptlaaia aleap tbp paps NoetA. 73 dpleaos 31 alpatpp 17 ppeeadp Rapt 315.00 RHt xa'ap etlpelgy•~• tees ppin at oocaer of tapdp o! ItebKt sloweca/ tbopep aleay lpa'p a! 1toMet plewce, loath Ib •dp,sa•• 33 ^lpgtpa 30 apaeadp Last • • • ^•• „70~/p3piA9ft to pl1 aflptip0 crop piny hpla9 tM ltlaep:ei F=~' COlITJ1111tN0 1.0015 porpp ycopp atop lase 0:2211 pomp !or TOMaahlp heats 717 loavin0 a pet total of 2.7711 pesos pa aheMn " on • larvoy b!' wpb•aa ptapatpd by Mlll[pa.7-. fcladle hspoeiatpp, dptpd soveah.e 1, lfl/, toc faturpl Lpfde Reapl, tpe. 111110 kgovn ap facepl A-3. . ars 0/t1a a porlioa o! tM papa pceplpoa rhleh Charlo• oeesin0 1toCoealek leeokp ppCoralgk, aad Dagphln pe0el~lt Nnk aad 7'cuat Corpany, al~•ap Traataee, ocpatad pad aemreye valo fatutpl Gandp seupt, eao. by pond datM fay f,.tfl1 pnd soooedpd fay !, 1411 ip !bo o!lioe eC tM laaordac o! feeds is pad !'or coabaelaad Coanty in~eeed foek e, vel~ule 1p pt.}a'e lip. pOpK `~$ PACE372"I (continued on next page) Ub/CY/zUUb TNU 17: LY FAX b1U jS! U517 NATURAL LANDS TRUST FROM :WOLFTRS FRX N0. :7172459661 1®009/919 Oct. 04 2005 O9:O4RM F12 : Exhibit "A"''(Page 3) • at aa~ exiasa theneo aleal 110,01. aov ! /outA ii de' vvsine se oor kneve as lae faa. tassel ~f1.i~ ta.e treat, tpe., sand. sreae. ~I .G t7J11 CikA4iM parcel Oe ttraet o! land atOlMMLMO floc le it Corner e! 3anda o! Woe~o wda, sr.j ada o~ Woel~oa Nada, ir., asaaief abaedoead'L.l. chiv Reete 717r aed al a• ld-!oe! trills 111Uy, • S7 ainetee s soeeada Na.C 1 f.li !o•t tO a oL atMe la~a O! Natesai ~ !teat, taa.. J-~lt thence sleep 3axN e! Mattlssi Lead. lewt. 1. Moss 9 deps.•Y 29 aiaetaa Iii aooads Nat a pout at oeenar e! ethos laeda e! tatreai Weda ew a tassel M1~ thaew riaaNM~ lsads et INLara1 a. tareet a-1. tlatlh 41 dpseia ft a>imto Il 1'.;1 last to a peiat ea tM wolasa slpbt-ol-wY ed L.M..i3OO1, new laauplpP !cats 717 ehoaao ownaAip loeQe 717 aM aeatllati a1 iaeda o! i1 de9sees df ^iwba N NoauMS tact 13i.t1 loaf ~ at eesaee of laada of Opsp Nada. s. theses • Weep Nade..is., loath i dalna t1 e~w~ea 10 1.2! ice! to as exietia7 tcae pia. b•Sgp t1a tlaee QOMl1~1NYMi I.iO1O aereo seas area less 0.1131 sasea ter lernahlP teelo 117 leavlnq a nee ~Ota1 e! s•Olit aesea as aho~m ! oa a irevey a! Laed se sed by Mililw 7~. letedle J~aaNirtea, d^ted Mavoabes 7, tl~1 !or Matusal Laada !teat, iao. wI110 kaaw as farce! A-1. ' • ~ ttillt a pertloa o! tM pnaiaoa vhiah duelaa •• ' werin MaWealsk eroeka Moeeeeiot, cad e-ephLe wpaait rnik cad !coat ~rpaltt s1~ as lewteee, basted ani eemeya Cab Atusal wads laws; Geo. by wed dated Ilat 1, 1!q sad naesdad qaY 1, ildf 1b the.0lEi=e e! the Iteooldes sl wads is cad !er ceabeetaed • county in w«d leek 1, Voluee 0 at qp 11O. ci ~,~~~ ~" , ,. ~~:.: ~ peens j\(.. y K,ecotaeti f .,~ biiac 268 M~3?2$ ®oloiolo U6/GY/LUU6 THU 15:30 FAX 610 353 0517 NATURAL LANDS TRUST FAX N0. :7172459661 Oct. 04 2005 O9:O4RM P13 FROM :4N7LFTR5 ~w,~~xa N*4 IItt~OaDLR'S uSt pJIY ~ r RlALTY TRANplR TAx ' cow~a±w~uw of re~ny/nu STATlM/NT O! VAWE r A wlw ro: WliLOd ARIL I~ID Jeff Al Al A SiaWll A~~ en -O'J.O Ms 41ew fer bappllee Clelieol 1M11 er Ydedoa iocanMe ~~= Tmni.r a indundel Develepnwd Ayoery. Transfer a e trml. (Anad~ eaePlwe aepy ai kwl aynwnwel IdeidiyMy all beneydaAa.~ .:. trenehr belwrn pYkdpel end ayaat. 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N adw dens load abow.f e>swawd /Mlr flareea~d, US' a bolt NATURAL LANDS TRUST www.natlanda.org ' Hildacy Farm 1031 Palmers Mill Road Media, PA 19063 tel: 610x353.5587 fax: 610.353 A517 info®narlanda.org PLAINTIFF'S EXHIBIT September 8, 2005 Ui Ung Lee 31 Old Willow Mill Road Mechanicsburg, PA 17055 Re: Fa+iade Easements,on Lots A2 (Bam) and A3 (Residence) Silver Springs Twp., Cumberland County, PA Dear Mr. Lee: When our representative, Lee Shull, visited your property in January; 2004, and again in January, 2005, to monitor the facade easements, the Bam on Lot A2 was gain found to be in violation of the easement. The easement requires you. to maintain the bam in good repair and to maintain the structural soundness of the building. Clearly, the barn shows the need for extensive repairs to correct structural damage caused by your neglect. Enclosed are our easemenk monitoring reports for Lots A2 and A3 for 2004 and 2005. The accelerating decay of the Bam on Lot A2 is a situation that requires immediate attention. As we have asked in prior years,:please send us a list of actions that. you will take to bring the Bam into compliance. with the Facade Easement requirements. If funds to perform the necessary repairs to the Bam are a problem, you might consider-the subdivision and sale of Lots Al and/or?,2. Both Lots Al and AZ are permitted residential structures, with Natural Lands Trust's review and approval. The right to construct a residence on these Lots could make them attractive to a wide range of buyers. Please be aware that any buyer of Lot A2 will be required to correct the facade easement violation if you have not made sufficient repairs to bring the Barn into compliance with the easement. The sale of Lot Al andfor Lot A2 will not in any way remove the conservation. and facade easement restrictions from any portion of the Property. Please feel free to give us a call or write if you would like to discuss the option of subdivision and sale of a portion of your property to finance the repair of the barn. We are available to discussany action that will correct this unfortunate situation. If you continue to disregard of your obligations to repair the Barn and its structural integrity then we will. be forced to pursue the legal actions available to us in the easerent. Sincerely, Stephen Kuter Conservation Easement Program Manager Enclosure cc: L. Pregmon, Esquire October 6, 2005 Stephen Kuter Natural Lands Trust Hildacy Faun 1031 Palmers Mill Road Media, PA 19063 Re: Fagade Easement on Lots A2 (Barn) and A3 (Residence) Silver Spring Twp, Cumberland County, PA Dear Mr. Kuter, Although we originally discussed the possibility of selling a portion of the property (A2 or A3) to finance the cost of rebuilding the barn, my father and I have chosen to use the proceeds from another property sale to finance the bam restoration. The commercial property is 13.2 acres and is located at 1446 Holly Pike, Cazlisle, PA 17013 ("Leo's Dairy Mart Building"). Please find a commercial sale agreement attached. The Cumberland County Redevelopment Authority has expressed initial interest in purchasing a portion of the property for the Cazlisle Farmer's Market. We will consider an agreement that assigns a portion of the sale to fund the bam renovation. We ask that you consider this as alternative option of financing and we await your approval. Finally, we have contacted a local Amish construction firm. They will provide an initial estimate of cost renovations. Feel free to contact me for further details and or questions. Warmest Regards, ... ong J Le Enclosure Commercial Rental Agreement Article From Central Penn Business Journal 07/03/2006 HON 9:02 FAX 610 353 0517 NATURAL LANDS TRUST LOU SCHNEIDER ARCHITECT 629 Hiehsoirc Road Gienmoore PA 19343 610-942-3739 BUILDING ASSESSMENT: McCORMICK BARN Silver Spring Township, Cumberland County, PA For Nahtral Lands Tntst (Site visit 9/I4/O5, with Bob Johnson) Preliminary Assessment: The current condition of this barn is poor. It is nearing the point of no rehtnt, where restoration will be impossible. The roof no longer keeps the weather out, with inevitable effects on the wooden structure. The overshoot has largely collapsed, opening the south wall to the weather. 1'he remaining frame will not last long in this situation. The bottom chord of each bent has rotted at the overshoot end, allowing the bent leg to drop off to the side. The bents az~e the core structural element. When they lose their footing, they will drop eight feet down, deshoying dte barn. The stonework is in remarkably good condition, appearing sh~aight and sound on first inspection. Rotting timbers are destroying stonework at specific points. (An example of this is the southeast front return corner that buttresses the east wall.) Should the frame collapse, it could take an unpredictable amount of stone with it. Most of the original irronwork is still in place. OPTIONS 1) Demolish Cstimate$25,000 'this may not be an option under the terms of the Fagade Easement, although demolition by neglect is well underway at this limo. 2) f ilize Estimate $50,000 (range $35,000 to $65,000) The following would be needed to accomplish short-term rnitigacion of structural collapse and general deterioration of the building, while planning further work: Remove remains of the overshoot Erect temporary south wall using scaffold Support first floor with cribbing and posts Tarp roof and south wall Block unauthorized access 3) Restore facade only. using modern materials Estimmte $500,000 (range $350,000 ro $000,000) In this scenario, the overshoot could be recreated to honor the facade easement. The interior could be used for almost any purpose, but the historical significance of the building would then be questionable. 1'he estimate does not include eny interior surfaces, or a second floor. This approach would include the following work: Demolish existing frame Rebuild roof aztd frame walls using wood trusses and manufactured materials Apply skin to roof and frazne walls 4) Restore original building Estimate $1,000,000 (range $800,000 to $1,200.000) 'fltis project would be comparable to the Crowsnest and Jacob barns, without the upgrades for adaptive reuse. (There would be no bathrooms, rto !teat, rto public access.) Adaptive re-use might be advantageous, but at approximately $200 per square foot for damp unheated space in this location, it is probably not economically feasible. ~ PLAINTIFF'S HIBIT ~ EX C I ®002/003 07/03/2006 MUN 9:03 FAX 610 353 0517 NATURAL LANDS TRUST v ~, ~ BUILDING ASSESSMENT: McCORMICK IIARN DISCUSSION teach option has risks to life and litnb. An incomplete, unsubstantial structure like this barn is unpredictable. Except for demolition, [tone of these options will solve the problem permanently. Stabilization alone (option 2) would prolong the inevitable demise of the building by only a year or two. Each of the restoration options would require continuing maiutenance at significant cost. Except for demolition, none of the options would be easy to contract out, ht my opinion, an in-house approach to the project, such as that used at Jacob Bant, would be most appropriate. if it is decided that the barn should be restored, [recommend immediate stabilization as outlined above. Complete restoration could be slow, possibly taking several years. Without immediate stabilization, further deterioration would occur, as each weUdry cycle takes its toll on the building. Properly planned stabilization should be seen as the first phase of restoration, a,resting deterioration and providing gteater safety for those working on or visiting the bam. HISTORICAL NOTE ®003/003 2 17tis bazn is an example of a stone double-outshed Sweilzer barn. It was probably built around 1810, plus or minus a decade or two, it is on the fancy end of the Sweitzer spectrum, with the east gable more highly styled titan Ute west. The roof slope is unusually low (7/12). The barn has two early human habitations, one in each outshed. The original wooden frame is unusual in its structural approach. Subsequent structural changes obscure dte original somewhat. I would encow•age documenting the original frame, especially if it is to be destroyed. CONCLUS[ON If it were in good original condition, this barn would be a gem, with an unusual combination of early inventive structure and fancy exterior with room for two families. I believe the McCormick family built this barn, giving it a high pedigree in American agricultural/industrial history. As of this moment, the bam is remarkably original, complete, and restorable, but this will not be we for long. The right owner would cherish it. For example, it would be the ideal centerpiece of a McCormick Agricultural Musewn, located within ten miles of the Pennsylvania Fann Show. W ithout immediate attention, this bam will be gone soon. Even finding an enthusiastic owner would take longer than this ban[ has left. The pace of demolition by neglect is quadratic. At Ute moment, the barn is at dte ankle of the parabolic cwve graphing time against ruin. A well-planned stabilization could allow time to look for an appropriate owner and use. !f NLT decides to uuderteke any work on this stmcwre, dtere are significant concerns about safety and liability that need to be addressed. ]n fact, the final decision about this building will probably be a legal and financial one, taking into account dte terms of the Easement and NLT's priorities. LOU SCHNEIDER, ARCHITECT September 29, 2005 r.* ,fµ e~ ~„ ~` „c~"_.. r: ~ ~~ ~:, ~! ~„ ~,. N ILLL m g~ d - .. NATURAL LANDS TRUST, INC., Plaintiff v. UI UNG LEE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~~ ' ~ ~ ~ ~ CIVIL TERM CIVIL ACTION -LAW AND EQUITY Certificate of Service I hereby certify that a copy of the foregoing has been duly served upon the following, by depositing a copy of the same in the United States Mail, certified, postage prepaid, as follows: Ui Ung Lee 501 Pazk Hills 1 Date: ~ I~ / ~a~G r Richazd P. Mislitsky, Esc~yife preme Court ID # 28123 e West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 (717)241-6363 Attorney for Plaintiff ,.. G~ <- C- -' ; ~::'..: Csi y .. lf. rJ -ii .~ -,; T: i . ~._._ n i ~' -.,, _, '17 :L "~ '~'~~E~VE~ ~UL '~'~ ~~c6~ \\\ NATURAL LANDS TRUST, INC., IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v, NO. Q~ - 3 7~ L~' CIVIL TERM UI UNG LEE, :CIVIL ACTION -LAW AND EQUITY Defendant Rule to Show Cause AND NOW, this l ~ day of 2006, upon consideration of the verified Petition for Injunctive Relief, it is hereby Ordered that: 1. Defendant shows cause why the relief requested by Pl 'tiff should not be granted at hearing before this Honorable Court on the /b~ day of C~ 2006 at l % 30 o'clock a+~a-/p.m. in Courtroom No. where all p 'es shall be prepared to address the issues contained in Plaintiff s Petition for Injunctive Relief. 2. Counsel for Plaintiff shall cause copies of this Rule and the Petition for Injunctive Relief to be served upon all parties at least seven (7) days prior to the scheduled hearing date. By the Court ~~ ~~. J. ~~ ~~~ ,., ~ iC _. , i=,-,, _I 0 NATURAL LANDS TRUST, INC., Plaintiff v. UI UNG LEE, 31 Old Willow Mill Road Mechanicsburg, PA 17055 Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.06-3794 CIVIL TERM CIVIL ACTION -LAW AND EQUITY Praecipe Please reissue a Writ of Summons in the above-captioned action and forward it to the Sheriff for service upon Ui Ung Lee. Respectfully submitted, Date: Richard P. Mislitsky, Esgmre Supreme Court Id. # 28123 One West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 (717)241-6363 Attorney for Plaintiff .., - -- - .~; ~~, - {_ ;,_~ ~. ~~ . _ ~ti ~., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NATURAL LANDS TRUST, INC., Plaintiff . vs. UI UNG LEE, Defendant N0.06-3794 Assigned to: Judge Hess CIVIL ACTION -Law & Equity MOTION FOR CONTINUANCE AND NOW, comes Defendant, Ui Ung Lee, by his counsel, Salzmann Hughes, P.C., and files this Motion for Continuance and in support thereof avers as follows: 1. On July 3, 2006, Plaintiff, National Lands Trust, Inc., (Hereinafter "Plaintiff') filed a Writ of Summons in Law and Equity. 2. On the same date, Plaintiff filed a Petition for Injunctive Relief. 3. Defendant has not been served with said Writ by the Cumberland County Sheriff's Department. Therefore, jurisdiction over this matter is lacking. Furthermore, the Petition has only been served by mail, which is inadequate to assert jurisdiction. 4. On or about July 13, 2006, Defendant retained G. Bryan Salzmann, Esquire. 5. At the time G. Bryan Salzmann, Esquire was retained, this Honorable Court had not scheduled the hearing on the injunction. 6. On July 13, 2006, this Honorable Court issued a Rule to Show Cause scheduling a hearing for August 10, 2006 at 1:30 p.m. 7. Prior to being retained by Defendant, G. Bryan Salzmann, Esquire had scheduled a prepaid, preplanned vacation to Ireland. G. Bryan Salzmann, Esquire leaves on vacation on Monday, August 7, 2006 and will not return until Thursday, August 17, 2006. 8. Because of the prepaid, preplanned vacation, G. Bryan Salzmann, Esquire will be out of the United States and will be unavailable for the August 10, 2006 hearing. 9. Whether to grant a continuance is discretionary and an inherent power of the trial court. Chester Housing Authority v. Nichola, 329 Pa. Super. 136, 477 A.2d 1391 (1984). 10. The granting of the continuance will not prejudice the Plaintiff in any manner in that the substance of the Petition involves a barn structure, which is over One Hundred Fifty (150) years old. WHEREFORE, Defendant, by and through the undersigned counsel, respectively requests that the injunction hearing scheduled fro August 10, 2006 be rescheduled to a future date. Furthermore, it is respectfully requested that Plaintiff be required to file a Complaint prior to the injunction hearing. Dated: August ~ 2006 SAL.ZMANN HUGHES, P.C. By G/~jy ann, Esquire Attorney I. o. 77052 354 Alexand Spring Road, Suitel Carlisle, PA 17013 (717)249-6333 Attorneys for Defendant CERTIFICATE OF SERVICE AND NOW, I, G. Bryan Salzmann, Esquire, of Salzmann Hughes, P.C., hereby certify that I served the foregoing Motion for a Continuance this day by depositing the same in the United States mail, first class, postage prepaid, in Carlisle, Pennsylvania, addressed to: Richard P. Mislitsky, Esq. One West High Street Suite 208 P.O. Box 1290 Carlisle, PA 17013 Dated: August ~, 2006 .. r.~ ~. ~ 't7 ~ .r. --1 p i!~ ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NATURAL LANDS TRUST, INC., NO.06-3794 Plaintiff . vs• Assigned to: Judge Hess UI UNG LEE CIVIL ACTION -Law & Equity Defendant ORDER AND NOW, this y~day of A~ 'r 2006, upon consideration of Defendant's Motion for Continuance, the Motion is hereby GRANTED. The August 10, 2006 hearing is continued until /oZ 2006 at j; 30 o'clock :1p.m. in Courtroom No. ~' BY THE COURT: cc: ,~i.~ryan Salzmann, Esquire -counsel for Defendant chard P. Misl'irtsky, Esquire -counsel for Plaintiff v I~ lr ~~ ~~O ,~t~. .; E tkW~h +°` 90 ~tl1~tl !~~ 9f1V 4ttOt ~fifipPlp~tl.CJ~ld 3~ _, NATURAL LANDS TRUST INC. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION- LAW N0.06-3794 CIVIL LEE UI UNG, Defendant ORDER AND NOW, this ~~ day of August, 2006, hearing in the above captioned matter set for 1:30 p.m. on September 12, 2006, is rescheduled for 2:00 p.m. on Tuesday, September 12, 2006. BY THE COURT, ~~ Kevin ta'. Hess, J. ~ichazd Mislitsky, Esquire For the Plaintiff yG. Bryan Salzmann, Esquire For the Defendant J :rlm ~- C1~Y ~,`O V b+~vv~nusr~n~d ~`}~1~ tr' ~}~ r~rj~c~lU~~}~ S't =Ot N~ 01 JRb 3aQZ ANd1t7Pi0H1C7~3d 3KL ~0 3:,?1~i~-(t3'U~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY NATURAL LANDS TRUST, INC., N0.06-3794 • Plaintiff vs. Assigned to: Judge Hess UI UNG LEE, CIVIL ACTION -Law & Equity Defendant PRAECIPE TO WITHDRAW APPEARANCE Please withdraw the appearance of G. Bryan Salzmann, Esquire and Salzmann Hughes, P.C. as counsel of record for Defendant in the above-referenced matter. Respectfully submitted, By: Dated: G)~~ /Q ~ G. BR~A~iLZMANN, ESQ. Attorney ID 61935 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 717-249-6333 Attorney for Defendant SALZMANN HUGHES, P.C. t~ f_"`~ ^Ti G cs' ..-~ .. ~ ' .~~; ~ ~ ~ " -. T~ . - ~ .,. ~ . :-:Y :~ ~ Thomas A. French, Esquire Attorney I.D. No. 39305 Michael W. Winfield, Esquire Attorney I.D. No. 72680 Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 BROADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, FA 17108-114b (717)233-5731 Attorneys for Defendant NATURAL LANDS TRUST, INC., Plaintiff v. UI UNG LEE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW AND EQUITY NO.06-3794 Civil Term PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of the undersigned and Rhoads & Sinon LLP as counsel to Defendant, Ui Ung Lee, in the above-captioned matter. BROADS & SINON LLP By: Thomas A. French Michael W. Winfield Stephanie E. DiVittore One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant, Ui Ung Lee 621391.1 } CERTIFICATE OF SERVICE I hereby certify that on September 7, 2006, a true and correct copy of the Praecipe for Entry of Appearance was served by means of United States mail, first class, postage prepaid, upon the following: Richard P. Mislitsky, Esquire One West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 Lynne G. Ritter C~ -~n ~ ;, a~ ~' 1 4""S ~~ Y ~ ~ w / "c;_ . rs, ~~~ r~, -~' =~ ~~ Thomas A. French, Esquire Attorney I.D. No. 39305 Michael W. Winfield, Esquire Attorney I.D. No. 72680 BROADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717)233-5731 Attorneys for Defendant NATURAL LANDS TRUST, INC., Plaintiff v. UI UNG LEE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW AND EQUITY N0.06-3794 Civil Term ANSWER TO PETITION FOR INJUNCTIVE RELIEF NOW COMES, Defendant, Ui Ung Lee, by and through his attorneys, Rhoads & Sinon LLP, and files the within Answer to Petition for Injunctive Relief, as follows: INTRODUCTORY STATEMENT Defendant Ui Ung Lee is a now a 67 year old, semi-retired first generation American who, to this day, speaks and understands English poorly. Through counsel, he files this answer opposing the Petition for Injunctive Relief because Plaintiff cannot meet the high standard for issuance of such an order. First, there is no threat of immediate, irreparable harm. The engineering report attached to Plaintiff s Petition, detailing the condition of the barn at issue, was prepared almost one year ago, yet Plaintiff delayed filing this action until now. There is no reason to order preliminary affirmative relief, requiring Defendant to immediately expend vast ~ Plaintiff's Petition does not identify whether Plaintiff is seeking preliminary or permanent injunctive relief. However, Plaintiff has not yet filed a Complaint in the instant matter, and no discovery has taken place. Under such circumstances, permanent injunctive relief would be manifestly improper, and is opposed by Defendant. Further, Plaintiff has failed to file a pleading in this case which sets forth any cause of action to support the request for preliminary injunction. Therefore, the grant of preliminary injunctive relief is also improper. 620447.6 sums of money to rebuild this old barn, where Plaintiff itself has delayed action on its own report for almost one year. Further as is explained below, Plaintiff has failed to act effectively for many years, despite Plaintiff s knowledge of longstanding deterioration of this barn. Second, Plaintiff cannot show a likelihood of success on the merits. Undeniably, Plaintiff s claims are barred by laches, equitable estoppel and waiver, inasmuch as much of the damage complained of, and the fact that Mr. Lee was financially unable to maintain this barn, were known to Plaintiff for well over ten years. In fact, Natural Lands Trust, Inc. has been aware of the deteriorating condition of the barn since it owned it some twenty years ago (see letter from Richard H. Thompson, Associate Director of Natural Lands Trust, Inc. to the then tenant of the premises dated September 23, 1986 wherein he states "I was shocked at the deplorable condition of the barn..." Exhibit "A" hereto). Yet Plaintiff failed to exercise its rights until now, and the delay resulted in the collapse of this structure. What Plaintiff has failed to disclose in its Petition, is the fact that in December, 1997, Plaintiff filed an almost identical action seeking injunctive relief in this very Court (the "1997 Action"). In the 1997 Action, Plaintiff asserted that the roof, gutters, siding, doors, windows and vents and interior of the barn were substantially damaged with "great harm" to the structure. Plaintiff failed to pursue the case to a final decree, and did not seek an order, as it could have, permitting Plaintiff to perform repairs which would have prevented the substantial deterioration since that time. Plaintiff has also known, for over ten years, that Mr. Lee was simply financially unable to rehabilitate this barn. As disclosed in Plaintiff's own inspection reports beginning with the report dated February 21, 1996, "Mr. Lee states that he does not have the money to restore the -2- barn at this time and has no plans to do so in the near future". (Exhibit "D" Complaint to 1997 Action.) In fact, in 199? and 1998, Mr. Lee and his wife had a negative income. Despite such knowledge, Plaintiff failed to take further action until the instant Petition was filed, some ten years later. The result is that the condition of the barn has deteriorated substantially and is in a state of collapse which occurred over the succeeding ten years. Plaintiffs claim is thus barred by laches, waiver, estoppel and its own failure to act. Moreover, at the time of the conveyance of the premises to Defendant in December, 1986, it was a 175+ year old barn with a weakened structure, multiple defects, leaks and holes in the roof and facade, and other defects which Defendant was under no duty to repair (see letter from a tenant of the premises, Dean Vaughn, dated September 30, 1987, wherein he complains of these conditions -attached as Exhibit "B" hereto). These defects ultimately led to further deterioration in the condition of the barn. Defendant was not responsible to repair defects existing at the time of the grant of easement or damage caused by such existing defects. Third, and perhaps most significantly, Plaintiff acted unconscionably in this matter and comes to Court with unclean hands which taint its request for equitable relief. At the time of the transaction in question, Plaintiffhad owned the premises for three years and had been unable to find a purchaser willing to take on the financially prohibitive obligation to refiubish the barn, and Plaintiff was unwilling or unable to take on that financial obligation itself. Instead, it found Mr. Lee, an immigrant with poor English speaking skills, who was unrepresented by an attorney. Plaintiff induced Mr. Lee to purchase the premises by offering to seller-finance with a substantial mortgage ($160,000). At closing, Mr. Lee was presented with the easement documents to sign, with no understanding or explanation of the financial commitment Plaintiff now contends the documents imposed. -3- In 1997, when it failed to pursue the 1997 Action to a final decree, Plaintiff, acting in its own self interest, declined to pay for expensive reconstruction of the barn choosing instead to wait until Mr. Lee had finished paying off the mortgage debt to Plaintiff. Plaintiff elected not to risk nonpayment of Mr. Lee's mortgage and chose not to bear the expense of repairs which it would have been unable to recover at the time from Mr. Lee who could not afford to pay for the repairs. Plaintiff delayed in acting to protect the barn, favoring its own economic interest instead. As a result, the cost of reconstruction has now become unreasonable and prohibitive. Plaintiff, who drafted the documents, and who took little interest in the property and less action to protect the barn over the last twenty years despite its knowledge of its deteriorating condition and Mr. Lee's inability to make repairs, is now barred by its efforts to take advantage of Mr. Lee, and by its own lack of effort or vigilance from obtaining the requested relief. Finally, the extensive cost of rebuilding this old barn, as suggested by Plaintiff, far outweighs its value by any measure and would be manifestly unreasonable. A Court of Equity should not order such an unreasonable result. Defendant, Ui Ung Lee, respectfully asks this Court to deny the Petition for Injunctive Relief, and in support thereof, files this Answer. -4- ANSWER 1. After reasonable investigation, Defendant Ui Ung Lee is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 1 and, on that basis, denies the same. Proof thereof, if relevant, is demanded at trial. 2. After reasonable investigation, Defendant Ui Ung Lee is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2 and, on that basis, denies the same. Proof thereof, if relevant, is demanded at trial. 3. After reasonable investigation, Defendant Ui Ung Lee is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 3 and, on that basis, denies the same. Proof thereof, if relevant, is demanded at trial. 4. Denied as stated. Defendant's residence address is 31 Old Willow Mill Road, Mechanicsburg, PA. 5. Admitted. 6. Denied as stated. It is admitted that Defendant is the owner of certain parcels of real estate located in Silver Spring Township, Cumberland County, Pennsylvania. It is denied that Exhibit "A" is a true and correct copy of any one particular document, containing only a portion thereof, and including a number of descriptions of various parcels of property. Defendant avers that the property on which the barn which is the subject of the instant dispute is located on Parcel A-2 as disclosed in the Deed dated December 16, 1986 from Plaintiff to defendant and Inham Kim, recorded at Deed Book Volume J32, Page 471 in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania. -5- 7. Denied as stated. Defendant admits that he owns certain structures in Silver Spring Township. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the whether or not any such structures have been placed in the Natural Registry of Historic Places maintained by the Department of Interior, or aze otherwise "historic". Proof thereof, if relevant, is demanded at trial. 8. After reasonable investigation, Defendant Ui Ung Lee is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 8 and, on that basis, denies the same. Proof thereof, if relevant, is demanded at trial. 9. Admitted in part, denied in part. It is admitted that on December 16, 1986, Defendant and Mr. Inham Kim were Grantees of title to certain real property from Plaintiff. As to the remaining averments contained in paragraph 9, after reasonable investigation, Defendant Ui Ung Lee is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in pazagraph 9 and, on that basis, denies the same. Proof thereof, if relevant, is demanded at trial. 10. Denied as stated. It is admitted only that on December 16, 1986, Defendant entered into a Deed of Grant of Facade Easement and Declaration of Restrictive Covenants (the "Facade Easement"). Said Deed of Easement, being a complete written document, speaks for itself and may not be amended by Plaintiff's attempt at offering parole evidence purporting to construe or add additional terms thereto. Further, the document which was prepared by Plaintiff and its counsel, is illusory, unsupported by consideration, and unenforceable against public policy. At the time Defendant signed the Fagade Easement, he was a first generation immigrant who spoke English poorly and did not understand or appreciate that the document imposed upon him the obligation Plaintiff now seeks to enforce. On the contrary, Plaintiff, in bad faith, and not -6- wanting to expend fiends necessary at the time to refurbish the barn, surreptitiously sought to impose this obligation on Defendant. At no time did Defendant understand that he could be incurring a duty, nor did he have the ability or resources, to make repairs of the barn's existing defects or to refi~rbish the barn as Plaintiff now demands. As to the remaining averments contained in paragraph 10, the document, being a writing, speaks for itself. It is specifically denied that a complete true and correct copy of Exhibit "B" is attached to the Petition. 11. It is admitted that Inham Kim no longer holds an interest in Defendant's real property located in Silver Spring Township. 12. Denied. 13. Denied. Plaintiff s averments are denied as legal conclusions. Further, the document, being a writing, speaks for itself and requires no further response. To the extent Plaintiff paraphrases the document, the allegation is denied. On the contrary, the Facade Easement did not require Defendant to repair, refurbish or rebuild or otherwise improve the barn from the condition which existed at the time of the conveyance. Further, Defendant was not responsible for deterioration or damage that was caused by or resulted from defects existing at the time of the conveyance. 14. Denied. Plaintiff s averments are denied as legal conclusions. Further, the document, being a writing, speaks for itself and requires no further response. To the extent Plaintiff paraphrases the document, the allegation is denied. On the contrary, the Facade Easement did not require Defendant to repair, refurbish or rebuild or otherwise improve the barn from the condition which existed at the time of the conveyance. Further, Defendant was not -7- responsible for deterioration or damage that was caused by or resulted from defects existing at the time of the conveyance. 15. Denied. Plaintiffs averments are denied as legal conclusions. Further, the document, being a writing, speaks for itself and requires no further response. To the extent Plaintiff paraphrases the document, the allegation is denied. On the contrary, the Facade Easement did not require Defendant to repair, refurbish or rebuild or otherwise improve the barn from the condition which existed at the time of the conveyance. Further, Defendant was not responsible for deterioration or damage that was caused by or resulted from defects existing at the time of the conveyance. By way of further answer, the Facade Easement also provides that Plaintiff would lose its rights to enforce the covenants through its own failure to act, and, as set forth below, Plaintiff has waived and forfeited any rights to enforce the Facade Easement, through its inaction, waiver, laches, estoppel, and longstanding non-compliance with the express terms of the document. 16. Denied. Plaintiffs averments are denied as legal conclusions. Further, the document, being a writing, speaks for itself and requires no further response. To the extent Plaintiff paraphrases the document, the allegation is denied. On the contrary, the Facade Easement did not require Defendant to repair, refurbish or rebuild or otherwise improve the barn from the condition which existed at the time of the conveyance. Further, Defendant was not responsible for deterioration or damage that was caused by or resulted from defects existing at the time of the conveyance. 17. Denied. On information and belief, no such restrictive covenants were reserved or made in the conveyance from the McCormick Trust. It is denied that Plaintiff received any conveyance from the "McCormick family". -8- THERE IS NO CAUSE OF AC'>C`IOl'~ FOR BREACH OF DEED OF GRANT OF FACADE EASEMENT AND DECLARATION OF RESTRICTIVE COVENANTS 18. Paragraphs 1 through 17 are incorporated herein by reference. 19. The allegations contained in paragraph 19 constitute conclusions of law to which no response is required and the same are denied. In the event and to the extent that an answer is deemed to be required, Defendant Ui Ung Lee specifically denies the allegations contained in paragraph 19. 20. The allegations contained in paragraph 20 constitute conclusions of law to which no response is required and the same are denied. In the event and to the extent that an answer is deemed to be required, it is admitted only that the condition of the premises has deteriorated since 1986. However, it is averred that such deterioration was the result of a preexisting condition of the structure, roof and facade which Defendant was under no duty to correct, refurbish or rebuild and for which Plaintiff, through its acts and omissions, and not Defendant, is responsible. It is admitted only that Exhibit "E" appears to be a copy of a letter from Plaintiff. 21. Denied as stated. It is admitted that over the course of the last approximately 12 months, Defendant, under unreasonable pressure from Plaintiff, has engaged in settlement discussions with Plaintiff during which various potential resolutions were discussed. No such resolutions were ever agreed upon and same are inadmissible in this proceeding. 22. It is admitted only that Defendant did not sell real property. Any implications from the remaining averments are denied. 23. After reasonable investigation, Defendant Ui Ung Lee is without knowledge or information sufficient to form a belief as to the truth of the allegations that Plaintiff hired -9- professionals to assess the building. Proof thereof, if relevant, is demanded at trial. It is admitted that, at the time Defendant took title to the premises on which the subject barn is situated, the barn had existing defects, including leaking doors and windows, damage and holes in the roof, and rotted timbers and other structures. Further, as a result of the initial state of disrepair, from December 16, 1986, these conditions worsened and caused additional damage to the premises, through no fault or action or inaction of Mr. Lee. 24. After reasonable investigation, Defendant Ui Ung Lee is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 24 and, on that basis, denies the same. Proof thereof, if relevant, is demanded at trial. 25. Denied. It is denied that "repeated" requests for compliance of the Easement were made, and it is denied that Plaintiff made any attempts to assist the Easement owner in any way whatsoever. On the contrary, Plaintiff knew that Defendant was financially unable to make such repairs. Further, Plaintiff, for many years, has failed to enforce its rights and perform its obligations under the Facade Easement. As to the remaining averments contained in paragraph 25, the allegations constitute conclusions of law to which no response is required and the same are denied. 26. It is denied that Plaintiff is entitled to the requested relief or any other relief. 27. It is denied that Plaintiff is entitled to the requested relief or any other relief. 28. Denied. It is denied that the Injunction will prevent immediate and irreparable harm which cannot be compensated by damages. On the contrary, the barn is not in immediate danger of total collapse. This barn is in a state of partial collapse as a result of its age and damage caused by the prior condition of the property for which Defendant is not responsible and - 10- has no liability. It would be imprudent, impractical, and wasteful to expend funds to rebuild this structure. It is specifically denied that the barn structure at issue is a significant historical landmark, denied that there is a particular significance as to the materials, workmanship, architecture or construction of the barn, it is specifically denied that the public has accessed the structure, which is not visible from off this private premises, over the last 20 years. With regard to the allegation that this property is on the National Registry of Historic Places, after reasonable investigation, Defendant Ui Ung Lee is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 28 and, on that basis, denies the same. Proof thereof, if relevant, is demanded at trial. 29. The allegations contained in paragraph 29 constitute conclusions of law to which no response is required and the same are denied. In the event and to the extent that. an answer is deemed to be required, Defendant Ui Ung Lee specifically denies the allegations contained in paragraph 29. 30. Denied. The requested relief does not restore the parties to the previously existing status, nor should it. The previously existing status over the last 20 years has been of a structurally damaged and deteriorated barn, and not to a refurbished barn, rebuilt in the fashion which Plaintiff now desires. 31. The allegations contained in paragraph 31 constitute conclusions of law to which no response is required and the same are denied. In the event and to the extent that an answer is deemed to be required, Defendant Ui Ung Lee specifically denies the allegations contained in paragraph 31. -11- 32. Denied. It is specifically denied that the relief requested is reasonable in any respect whatsoever. The relief requested is unreasonable in that it requires Plaintiff, at unreasonable expense, to reconstruct a collapsed barn which has been unused and of no use to anyone for at least 20 years. 33. The allegations contained in paragraph 33 constitute conclusions of law to which no response is required and the same are denied. In the event and to the extent that an answer is deemed to be required, Defendant Ui Ung Lee specifically denies the allegations contained in paragraph 33. WHEREFORE, Defendant requests that the Petition be denied and this action dismissed and an award of costs. In the event that an injunction is issued, Defendant requests that a bond be set in the amount of $2 million. BROADS & SINON LLP By: Thomas A. French Michael W. Winfield One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant Ui Ung Lee -12- VERIFICATION Ui Ung Lee, deposes and says, subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities, that the facts set forth in the Answer to Petition for Injunctive Relief are true and correct to the best of his knowledge, information and belief. D e Ui Ung Lee EXHIBIT "A" 09-0?-2006 09:00 1 ?i? ?66 3628 P, 01 ~/. ~~.1~ +~J • i1L{.YA r` 1 rhRln lfiK7ICY- L. JQ ip3l.Palmets 11di1 Road EJteartive Distetor =Mad'ia, Pmns~It-aufa 19063 . (215)353.658T September 23, 1986 . Mr. Doan 8. Vaughn .. SOS Skyport Rozd . ' • , • Mecha~aicsbuJeg, PA 1055 ~ , • Re: McCormick Property . ., Dear Dearer . Y bad the opportunity to visit the McCormick property last reek, 'and :• . ' ~ .: < I vms shocked at the dspivrabla oonditioa of the bare, its sui'rozmdirtgo, ~ ~ . • and most of the agrie~s].tural fields mhfch have bean 3aclndad €or pasture . .~ . • awl pads paY't of your lease. ' _ Please make arra~amsat: eithia the nest tta reeks to have the . •' .. ,' creeds and grans crass srouud the bars trimmed, the mtmrre rhich . is plliag aP rit3-is the barn removed, and mow a,13. of the ,. •. ~ agr3cu].tural fields covered by your lesse. ~ . . ~ t ~rili 3aspsct the property the peak of 0ctobar 6th. If you bane ' . nay gvssti~oas, ple+eae let me kaoa. ' • . Siseedce].y ~. _' • .. d son . lssociats Diraotor .. • • .s; , ' ,: .. IIo~d dDsa~an~ •' DoaShs C. WSBcr; Presiders N's'wo ~: li4uianau+ Susan U. ~6aK~nerY Adataa,lmimis. fh~eaideat '' t'~alea D J~a, Yur Ptetidenr ~.'Jlwmss [fiNeh' Vvmoia R Pearsaa Maw Hedo~ce. ~sctor Js~aatitu7i ~7' ~' ' ~ JCarr-r~v~~ ~y jaNn A 7ksrNi ll J. 7atnell Starr. JJ . F.sfllt~Ae' ":r . Laae'IbJor. h . Secretyy t EXHIBIT "B" -.:, ' - :°:;`- :, ~: - - .;ti., -;,' .. • - ~;a: - 3 ~ 4 ~ ~ 1.~ •. -:,_.. 'war • '• ~ - ~ - ~j?(~'~~r~7~Or'• ~~f ~~~i - , . ~~w - •`y • °•. o~r~•~- H311~s Drlv~e -. - . - .. - .:~F'~"~-.~ ~- ~ - ..~.r-':-csb~r•g,. FR 17155 ~ - -. s:.t' +~ i • . _ - ~ - - - - - ~ `' Re: Rental 'Property. -. - - ~'~. -• .y _• - .: - Willc~a~•Mi?1 R~?ac+ - r . - - - . ,?_ •.,~, ar•~? a,ti,or,~...~.~,m•~sever~a2~• rr•1?v1~1;~ t~a.S{=.;,-r.s.a+.~ra= t'~1 tr'7 the . • •:j, .. - ~t• ~~ ~r:. ~iKi tiitfi:~1»et'. there ar~+ a -i~rurt:ier-.-. ~~•~: ~,.,; ~:; z;^; :r--e pr-vbleras :~t~,., - • : ~' ~-i 11~_~cv ~i 31 Road prt+per~y whi~_h• ~f,.-.:. :.~e ._.~r'i•e•c~:~;3,. Scm:L -of .,- -.`. .. t`~~•=-~ ~x•c~hlems have been kr~:ar- t~~ y=:~r~ s iY;ce - ~ c:" ;~:.:r^hased the .. - - - ja:-•: jsE~•ty.. You mentioned •tc+•rie~ by ~f1L+~t~? ~(•OL'~ •:<S_,r~~h- ~~g_~ that. it .. ::~:;: ~_--:..- •_: • •• . ru•~vld be •experrsiYS to correct st*rne ~~f• tl-,e• er,~_st ir,g pr•-abler,ts. = • • ''"~' --- . Thy- following =terns are of :utmost :Ya7ipoi•fiancQ any!- iictst tie ~~ ~ - ~~:~.~~~ - ~orrec'~cd •iur=:~•_diateYy to prevent much- gt-eater damage .ands •i.rr- ~' - - _ turn, :snuck ~reatF-r~ expen$e-.ta: you: .. _ _ ~: - .• 1. The ty~t~=r• tank. in tti.~s'hasi;-ment t^~f the residence is ;Misted: anct.:.~''.-.- - -:`~, : P ~ .. - ?erk.ing. .if, t~iis Xtt~i:iblef,t i's' nc+ti~s=~~rrected pr>>nsfit.ly, it.svil.-1''`~'" •-1 ; ~'~:..`:-.-;; • - 5L?Or',. bLi`~:at'' -and-~ Ca~tS~' • eXt~Y,si V? Lf z;.'g'age 't~?. the f~1T`r,ace. •: . •:. -ti: .•:. :. -_:.~ .. =: : . ' r^_. The ~ xc~af: of- the. fr~rit..p~+r~ch has exte~,=± ve water dar,ia3e wh~i~ch• .~<. ~: ..~~ ..:•, .: li •.'. has ai rt=ady ca?ssed the fob 1 t~iu i ng ~{:~ ;'sage a.' the tr!rit ix~e porch rai 1 i ng ~ =n tine s'i 3e -has Deer, destroyed b. the' cEi 1 ing of the 'porch 'has ia~ter dar,iaae. T;--e paint is - pee l i r,g and hang rig from •t he ce i .i i rtg • ~ .. - ~ '- ' . ~_. 4he flt~.ar of the, porch isd -nc~sv start ing to deteri~~rate. ~ ' : ~ , a - - :.y Y• d.. Thf? st~~ne steps to -the parch are .severely- water darnaiged• • • - ar~d eta+ch of• the-~ mortar is -washed •t-ut. fps a result, one. - .. - . „ •.• c:f ~c+rcr;'daughters•~was' -4 n3ured 'sxhil.e visif-ing and ?; ~ •.- •.'~':!` ' . req~ci'r=ed to use.:'ci~•utches for five weeks. - .. ~ . . - . ;..,. . .. ~ 3. The ~tKodf to the sussyi~er isitohe~, : -leaks•'anid has- darnaged~ persona-1 , -~ -: ~ .-~'~- f'~- • _ ;t - .~~ .• ~,~_ • - 4•: ~ The roof ttf` the sr~rain structure l.saks. arid. has caused datinays= 'ta:.~ : ~. ' . • :;::.:~. ' - parsorra 1 . proper~t y. - . ' ~~._ ~ , ';.: §-~~ • ~~. The water pipe i rti • t•he-•.bai•r; ~ i ~ 5r•c~keri.. ' lose of water at• the ~ .. - ~~-.;__ - , barn- is impassible withc-ut•'exter-sive waste c•f water' aril ` ~r. urtl-ter darnage~• ~ .. ~ ' . •. - - - - . - _ . Tt?~? yarn r•c~of ieaks• and has- caciGed' damage .to per•sanal 'property -:. '. .- . , I f t:h i s - pr-obl~esn is rcpt ct}rr¢cteti: it 'wi 11, cause add Y t ionaT ~ ' ' . 1a::fage -ta the barn f]ac~r-.. - .. ~ - - - - - . :; • -. ~ fir" - - - n.~~ z ~- .~'•;~•;-=G ..~F :~;3:ese,.~rdair~t~riar~c~ ~.prr•~s3erei~ "have 'baste •~or~r~~rteti, evsr~ . ' - - ':-==:•~s;c•T. a~~st .4f •them ha~.~e' .b~erx -~cT~oeurr t~• yc+u for many rn~anths.. r._'.h~r, r~ajc->" prc-blere. has detje: ao2d 'since I spokes with y+?r~ •' - " :: y: -~:-f~•_r:-. --Sl~ad~e~ fr~1m a sewage tT--~-~v~,:-,t~t ~-I.~irt is bezr.~5 •c+~ar~~ped - ;- ' ^_~:^. ~ i:t3 ~ ->>~. •~i~YET^=~ b3' C~LiT` 2 e2a~. . c !_tT' t;a!!gh 4 ~T' !tt'=.~ s E3rlarit) w~= ~. " 4ti? ~. by z ;"~?~t't3': ?Y!i.t~'}i iVB Gf . tl'ie ~~-:*'~'_. •4'a~s~'•"~tf-~{'tt ~~f ~n'k'•1t"i?:'+:rT£•rit'a i •" • _ •. t:•= ~.ti,--~~s •cr~i fu •~.•{T^mit chi?+~Y•4n tr~'~s~teT~ tr•,.~'~ ~:~rya. .'this • . - .. ' - •-..+:•=i.l=;~s i5 r, •t ~:~.*~?~~ ~ iiPal$11• ~ha~~rd;. f:t is. ~~•,Yi•~13tif.~ri• sif •c~ur - .' • ': . ~:.r-::~t_ . _ -= ir_!r?T" this Vetter a~ "pr.•~;?r-ri~+t%c~~. L-~f •~~:,r- •irtertt t~:~. .. •~ :: . - :-_T•••az~•!2ye :hE 3~~a~e aT-~d ~=acate the ~r^^c<<.ar"ty ~n; ~z=,~~eraber 1, 2987. - - ~• -- . • ~., . . • ~ ' - . CERTIFICATE OF SERVICE I hereby certify that on September 8, 2006, a true and correct copy of the Answer to Petition for Injunctive Relief was served by means of hand delivery, upon the following: Richard P. Mislitsky, Esquire One West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 ~• Lynne .Ritter ' ( " .. ~ ~ ~ L~ ~ _ ~"{~ ~ ~ [ j.-- t^t ~-? ( _ _ LO ~; ~' ~ t-~ -- ' i_~ 'ri w - - t'"•-7 - ~1 ` i~i.3 -~ -<-J Thomas A. French, Esquire Attorney I.D. No. 39305 Michael W. Winfield, Esquire Attorney LD. No. 72680 Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 BROADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Hamsburg, PA 17108-1146 (717)233-5731 Attorneys for Defendant NATURAL LANDS TRUST, INC., Plaintiff v. UI UNG LEE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW AND EQUITY NO.06-3794 Civil Term PRAECIPE FOR RULE TO FILE COMPLAINT TO THE PROTHONOTARY: Kindly issue a Rule upon Plaintiff to file a Complaint within twenty (20) days or suffer a judgment of non pros. BROADS & SINON LLP By: Thomas A. French Michael W. Winfield Stephanie E. DiVittore One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Defendant, Ui Ung Lee RULE TO FILE A COMPLAINT 621397.1 TO: Natural Lands Trust, Inc. c/o Richard P. Mislitsky, Esquire One West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 You are hereby ruled to file a Complaint within twenty (20) days of receipt of this Rule or suffer a judgment of non pros. Dated: ~~ ' Prothonotary r CERTIFICATE OF SERVICE I hereby certify that on September 7, 2006, a true and correct copy of the Praecipe for Rule to File Complaint was served by means of United States mail, first class, postage prepaid, upon the following: Richard P. Mislitsky, Esquire One West High Street, Suite 208 P.O. Box 1290 Carlisle, PA 17013 Lynne .Ritter C} N t - ~-. -- -r; ;~:: ~ n --a ~ -„ ~`;,i r tip -i ~ ~ ~i .r, iTi C~ -? t`t ~' - ""' ~ t r ~__ F'~-~ S'~t ~" Lr> ._ . ~ NATURAL LANDS TRUST INC. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW NO. 06-3794 CIVIL LEE UI UNG, Defendant ORDER AND NOW, this / ~~ day of September, 2006, hearing in the above captioned matter set for September 12, 2006, is continued to Tuesday, October 17, 2006, at 9:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. ,/Richard Mislitsky, Esquire For the Plaintiff ,~fiomas French, Esquire For the Defendant rlm BY THE COURT, ;,, _ ., _ ., 1 _ P ~~. _. _ ~ -!-1 SHERIFF'S RETURN - REGULAR CASE NO: 2006-03794 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATURAL LANDS TRUST INC VS LEE UI UNG SHANON SHERTZER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon LEE UI UNG the DEFENDANT at 1525:00 HOURS, on the 24th day of July 2006 at 31 OLD WILLOW MILL ROAD MECHANICSBURG, PA 17055 by handing to PYONG LEE WIFE a true and attested copy of WRIT OF SUMMONS together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.0 0 ~ ~~ Service 8.80 , "" " "r''°`'~~ ~ Postage .39 ~ ~ Surcharge 10.00 ~~ R. Thomas Kline 37.19E 07/25/2006 q,~a.c~Ln RICHARD MISLITSKY Sworn and Subscibed to `Q1--^ By: before me this day eputy She ~f of A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2006-03794 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND NATURAL LANDS TRUST INC VS LEE UI UNG SHANNON SHERTZER Amended Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within WRIT OF SUMMONS was served upon LEE UI UNG the DEFENDANT at 1525:00 HOURS, on the 24th day of July 2006 at 50.1 PARK HILLS DRIVE MECHANICSBURG, PA 17055 by handing to PYONG LEE, WIFE a true and attested copy of WRIT OF SUMMONS PETITION AND RULE TO SHOW CAUSE together with and at the same time directing Her attention to the contents thereof. Amended Sheriff' s Costs : So Answers : ~~`~""P Docketing 18.00 ~~~~ Service 8.80 .~ Postage .39 Surcharge 10.00 R. Thomas Kline .00 37.19~~ 08/07/2006 RICHARD MISLITSKY 9.zz~oG Sworn and Subscibed to By: before me this day Deputy Sh iff of A.D. SHERIFF'S RETURN - NOT FOUND CASE NO: '2006-03794 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND NATURAL LANDS TRUST INC VS LEE UI UNG R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT LEE UI UNG but was unable to locate Him in his bailiwick. He therefore returns the WRIT OF SUMMONS , the within named DEFENDANT LEE UI UNG 501 PARK HILLS DRIVE NOT FOUND as to MECHANICSBURG, PA 17055 CURRENT RESIDENT HAS LIVED AT GIVEN ADDRESS FOR 6 YEARS. DEFENDANT DOES NOT LIVE THERE. ' ~ ~~~"~ Sheriff s Costs : So answe „"../ ~ Docketing 18.00 '"~ Service 9.68 ,- Not Found 5.00 R. omas K ine Surcharge 10.00 Sheriff of Cumberland County Postage .39 43.07 / RICHARD MISLITSKY ,~/~~/© ~ 07/10/2006 Sworn and Subscribed to before me this day of , A.D. NATURAL LANDS TRUST INC. TN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. LEE UI UNG, Defendant ORDER AND NOW, this ~~ day of October, 2006, at the request of counsel for the parties, hearing in the above captioned matter is continued generally pending receipt of an agreement. BY THE COURT, Richard Mislitsky, Esquire For the Plaintiff j~-f~-~~ Thomas French, Esquire For the Defendant CIVIL ACTION -LAW NO. 06-3794 CIVIL ~~ rlm ~`~ ~~ ~ ,;', ~. ~ '~ .. a =., ,i~ ., r::~_f NATURAL LANDS TRUST, INC., Plaintiff UI UNG LEE, v. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3794 CIVIL TERM CIVIL ACTION -LAW AND EQUITY ORDER AND NOW this ~ ~~ day of /+'!~, 2007 by agreement of the parties, the following Order is entered. It is hereby ORDERED and DECREED as follows: Plaintiff and Defendant have entered into a Settlement Agreement dated January 16, 2007 (the "Settlement Agreement") which sets forth the terms and conditions upon which Civil Action 06-3794 (the "2006 Civil Action"), pertaining to enforcement of a certain Deed of Grant of Facade Easement and Declaration of Covenants, dated December 16, 1986, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, PA in Miscellaneous Book 327 page 270 (the "Facade Easement"), has been resolved. 2. The Settlement Agreement provided for the dismantling of a certain barn identified in the Facade Easement as the "Existing Barn" (the "Barn") that had become in such a state of disrepair that the costs to be incurred by Defendant for short-term stabilization, even if Defendant were able to afford such repairs, would not in any event achieve long term preservation of the facade of the Barn; accordingly, restoration of the Barn was determined (by agreement of the parties) to be a futile effort. Defendant acknowledged in the Settlement Agreement that Plaintiff had made good faith, diligent efforts to enforce the obligation of Defendant to maintain the Barn in compliance with the Facade Easement. 638865.2 -:; ~, 3. Besides the 2006 Civil Action, Plaintiff has obtained judgment against Defendant (and against a certain Inham Kim) for failure to comply with the terms of the Facade Easement in Civil Action 97-6637 (the "1997 Civil Action"}. 4. The Facade Easement, as it applies to the Barn, is hereby extinguished. Plaintiff and Defendant are hereby released from any and all obligations and/or liabilities with respect to the Fagade Easement as it applies to the Barn, whether past, present or future. Plaintiff and Defendant shall execute and record in the Office of the Recorder of Deeds in and for Cumberland County an Amendment to Deed of Grant of Facade Easement and Declaration of Restrictive Covenants, in the form attached to this Order as Exhibit "A", evidencing that the Barn located on Lot A-2 is released from the Facade Easement and, thus, the Facade Easement is no longer of any force or effect with respect to Lot A-2. 5. The judgment obtained in the 1997 Civil Action is hereby ordered satisfied. 6. The Plaintiff shall file a Praecipe to mark the 1997 Civil Action Satisfied, in the form attached hereto as Exhibit "B". Said Praecipe shall be filed with the Prothonotary within 10 days of the date of this Order. 7. The 2006 Civil Action is hereby settled, discontinued and ended WITH PRENDICE.