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Home My WebLink About94-02680 .' COLONIAL VIEW CONDOMINIUM UNIT OWNERS' ASSOCIATION, as representative of all owners of units in the Colonial View Condominium, plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW HAROLD F. MOWERY, III and KEITH E. PEIFER, a Pennsylvania general partnership, t/a MOWERY- PEIFER ASSOCIATES, NO. 94-2680 Defendant. NOTICE TO PLEAD To: Colonial View Condominium Unit Owners' Association You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a judgment may be entered against you. 1..t'" 1(\ An V<:~ L.-Ac.~-- Michael L. Solomon, 'Esquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. 3RD STREET, 8TH FLOOR HARRISBURG, PA 17101 (717) 237-4838 Dated: July 13, 1994 COLONIAL VIEW CONDOMINIUM UNIT OWNERS' ASSOCIATION, as representative of all owners of units in the Colonial View Condominium, Plaintiff, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW HAROLD F. MOWERY, III and KEITH E. PEIFER, a Pennsylvania general partnership, t/a MOWERY- PEIFER ASSOCIATES, NO. 94-2680 Defendant. ANSWER Defendant Mowery-Peifer Associates ("Mowery-Peifer") states the following as its answer to the above-captioned complaint: 1. Denied. After reasonable investigation, Mowery-Peifer is without knowledge or information sufficient to form a belief as to the truth of the averment that plaintiff Colonial View Condominium Unit Owners' Association ("Colonial Owners") is an unincorporated association. The remaining averments constitute legal conclusions to which no response is required. 2. Denied. By agreement dated July 31, 1986, Harold F. Mowery, III resigned as a partner of Mowery-Peifer associates, thereby vesting in Keith E. Peifer ("Peifer") sole ownership in and authority over partnership property. 3-5. Admitted. 6. Admitted in part and denied in part. It is admitted that Mowery-Peifer contemplated the erection of nine buildings containing condominium units on a portion of the land. The remaining averments are legal conclusions to which no response is required. 7. Denied. Paragraph 8.c. of the Declaration states that Peifer-Mowery's option to convert real estate to units within Colonial view Condominium (the "Condominium") "may lapse only upon the express recording of an appropriate amendment to this Declaration Plan by Mowery-Peifer, the Declarant, indicating that it is waiving its right to convert additional real estate to the condominium or to add additional real estate to the condominium." 8-10. Admitted. 11. Denied. The Mowery-Peifer's right to convert the convertible real estate to units in the Condominium did not expire on May 24, 1987, or at any time before or after that, as the Mowery-Peifer did not expressly record an appropriate amendment to the Declaration Plan indicating that it was waiving its right to convert additional real estate to the Condominium. 12. Admitted in part and denied in part. It is admitted that a portion of the convertible real estate had not been converted as of May 24, 1987. It is further admitted that the buildings Units 37 through 48 and 51 through 54 have not been built and consequently, those units have not been converted to the Condominium. It is emphatically denied that Mowery-Peifer's right to convert real estate to units expired on May 24, 1987. 13. The averments herein constitute legal conclusions to which no response is required. To the extent that they are determined to be factual in nature, they are denied. -2- .. NEW MATTER 14. The Declaration provides that the Declarant's option to convert additional real estate will lapse only upon the express recording of an appropriate amendment to the Declaration Plan by the Declarant, Mowery-Peifer, indicating that Mowery-Peifer is waiving the right to convert additional real estate. 15. Mowery-Peifer did not expressly record an amendment to the Declaration Plan indicating a waiver of the right to convert additional real estate to condominiums. 16. Plaintiff Colonial Owners has delayed making any indication, until now, that it believed Mowery-Peifer's option to convert additional real estate expired in May of 1987, and Mowery-Peifer has been prejudiced thereby. 17. By written agreements and otherwise, and in furtherance of earlier and continuous efforts to settle the differences between Colonial Owners and Mowery-Peifer, Mowery-Peifer has contributed in excess of $40,000 to be held in escrow by Colonial Owners pending completion of specified improvements to the common areas. Colonial Owners' complaint implies that nothing has been done regarding these issues since prior to 1987 and the complaint is therefore disingenuous and deliberately misleading. This suit is thus brought in bad faith and must be dismissed. 18. Original sales of condominium units from Mowery-Peifer continued into 1989. -3- 19. Mowery-Peifer retains legal title to the unconverted real estate and, accordingly, has paid and continues to pay realty and other assessed taxes on that real estate. 20. Plaintiff Colonial Owners is not in possession of the unconverted real estate and has no recorded title to it. WHEREFORE, defendant Mowery-Peifer respectfully requests that this Court enter an order quieting title in favor of defendant Mowery-Peifer, and award to defendant costs and fees and other relief as this Court deems just. Respectfully submitted, JM,~j?"f/e C ~,jJ~ Michael L. Solomon, Esquire PA I.D. # 36031 Sarah M. Bricknell, Esquire Pl. I.D. # 64839 BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. 3rd Street, 8th Floor Harrisburg, PA 17101 (717) 237-4800 Dated: July 13, 1994 Attorneys for Defendant, Mowery-Peifer Associates -4- . . . CERTIFICATE OF SERVICE I certify that the foregoing Answer was served this 13th day of July, by first-class u.s. Mail, addressed as follows: Robert C. saidis, Esq. SAlOIS, GUIDO, SHUFF & MASLAND 26 W. High Street Carlisle, PA 17013 ~ a-> - . ~ ,':"l '" .-=:2 ~-, -' .:.~ ~~ h J Ilhil~ Ilhl ~ I ~ ~ ~ .. IE ! I'! . . '. I SAIDIS, GUIDO, II' SHUFF & MAS LAND I II I' I' i " " I! I :i 2109 MlU'ket Street Clll11pllill,PA , f:\wpS1\u.ers\jo\t..\colonial.ens COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all owners of units in the colonial View Condominium, plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW HAROLD F. MOWERY, III and KEITH E. PEIFER, a Pennsylvania general partnership, tla MOWERY- PEIFER ASSOCIATES, Defendant .NO. 94-2680 REPLY TO NEW MATTER AND NOW comes the Plaintiff Colonial View Condominium unit Owners Association, by its attorneys Saidis, Guido, Shuff & Masland, and replies to the New Matter propounded by the Defendant as follows: 14. Admitted. By way of further answer, the relevant provision of the Declaration recorded in the Office of Recorder of Deeds of Cumberland County on May 24, 1984 at Deed Book 295, page 721, paragraph 8.c., reads in its entirety as follows: c. Time Limit. The Declarant shall have a period of time not to exceed three years after the recording date of this Declaration within which time to exercise its option to convert additional real estate within Exhibit "A" to this condominium. This option may lapse only upon the express recording of an appropriate amendment to this Declaration plan by the Declarant indicating that it is waiving its right to convert additional real estate to the condominium or to add additional real estate to the condominium. There are no other limi tat ions upon the Declarant requiring or limiting its ability to add additional real estate to the condominium or convert real estate to the condominium other than as set forth above. This provision was included in the Declaration pursuant to requirements of the Uniform Condominium Act, 68 Pa. C.S.A. 53206, 1 i I the which provides: 53206 Contents of declaration; flexible condominiums The declaration for a flexible condominium shall include, in addition to the matters specified in section 3205 (relating to contents of declaration; all condominiums): ( 1) An explicit reservation of any options to create units, limited common elements, or both, within convertible real estate or to add additional real estate to or withdraw withdrawable real estate from the condominium. (2) A statement of the time limit, not exceeding seven years after the recording of the declaration, upon which any option reserved under paragraph (1) will lapse toaether with a statement of anv circumstances that will terminate the option before the expiration of the time li~it. (Emphasis added). . . . 15. Admitted. However, pursuant to the Declaration and the Uniform Condominium Act, the option terminated automatically on May 27, 1987, and so the Defendant's failure to record an amendment to the Declaration is irrelevant. 16. Denied. On the contrary, on numerous occasions Plaintiff informed Defendant, through its then attorney, Keith Blank, that the Defendant.s option to convert the unconverted real estate had terminated. The allegation that the Defendant has been prejudiced is a conclusion of law to which no responsive pleading is required and the same is therefore denied. SAIDIS, GUIDO, SHUFF & MAS LAND 2109 Mnrkcl SlrtCI CllIllp Hill. PA I I the instant action and require no response. I II II I' I 17. Denied. The averments of paragraph 17 are irrelevant to However, to the extent that a response may be required, the Plaintiff, after reasonable investigation is without sufficient knowledge or information to form a belief as to the truth of the averment and proof thereof is demanded. 18. After reasonable investigation, Plaintiff is without 2 sufficient knowledge or information to form a belief as to the truth of the averment that original sales of condominium units from Defendant continued into 1989, and the same is therefore denied. . . 19. Denied. It is denied that the Defendant continues to hold legal title to the unconverted real estate. On the contrary, the Defendant's interest in the unconverted real estate was terminated by operation of the Declaration and the Uniform Condominium Act on May 24, 1987, and therefore any implication that the Defendant continues to have any right, title or interest in the unconverted real estate is denied. After reasonable investigation, the plaintiff is without knowledge or information sufficient to form a belief as to whether the Defendant paid and continues to pay taxes on the unconverted real estate. However, to the extent the Defendant paid real estates taxes, it did so as a volunteer. 20. Denied. On the contrary, the Plaintiff is in possession of the unconverted real estate. Further, the unconverted real estate is part of the common elements in the condominium pursuant to the recorded Declaration, and, as such, the unit owners in the condominium, which the plaintiff represents, hold undivided interests in the unconverted real estate. WHEREFORE, plaintiff requests that this Court grant the relief requested in its Complaint. SAIDIS, GUIDO, SHUFF & MASLAND 2109 Markel 5',",,' Camp Hill. PA Dated: August 11, 1994 Respectfully submitted, -1 M By: / ~obert C. Sa~ is, Esquire SAIDIS, GUIDO, SHUFF & MASLAND Supreme Court ID 121458 2109 Market Street Camp Hill, PA 17011 (717) 761-1881 Attorney for plaintiff 3 " ii II I , . . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ss I verify that the statements made in this Reply to New Matter are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. Section 4904, relating to unsworn falsification to authorities. DATED:..AlA~r~~+ IW3'N COLONIAL VIEW UNIT OWNERS ASSOCIATION ___~"e~~~ . ~ ~'I p~erlt SAID IS, GUIDO, SHUFF & MASLAND 26 W, High S"".,' Carlisle. PA . COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all owners of units in the Colonial View Condominium, Plaintiff v. HAROLD F. MOWERY, III and KEITH E. PEIFER, a pennsylvania general partnership, t/a MOWERY- PEIFER ASSOCIATES, Defendant . , . :IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :NO. 94-2680 CERTIFICATE OF SERVICE AND HOW, this 12th day of August, 1994, I, Robert C. Saidis, Esquire, of the firm of Saidis, Guido, Shuff & Masland, attorney for Colonial View Condominium Unit Owners Association, hereby certify that I this day served the Reply to New Matter by United States Regular Mail, first class, postage prepaid, addressed to the following: Michael L. Solomon, Esquire BUCHANON INGERSOL, P.C. Vartan parc 30 North Third Street Eighth Floor Harrisburg, PA 17101-2023 SAlOIS, GUIDO, SHUFF & MASLAND 2109 Mme. 51=. Camp Hill, PA I I I I II :1 \i Richard Snelbaker, Esquire SNELBAKER AND BRENNEMAN 44 West Main Street Mechanicsburg, PA 17055 SAID:";, ~~F . HASLAIIIl By / . ~obert C. Saidis, Esquire Supreme Court 10# 21458 2109 Market Street Camp Hill, PA 17011 (717) 761-1881 ":r' en .. ~ en ... = >-r ~!r. wt~~:! " ..~ r_':..-: ;:;. t'-iU:--4 ~,-'::~?~t :<= j~i '~,' ;~1~~~ C'-.I <-" :::> '"'" =..' ."'-" '" . .- COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all owners of units in the Colonial View Condominium, Plaintiff :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNA. . . v. . . :CIVIL ACTION - LAW : HAROLD F. MOWERY, III and KEITH E. PEIFER, a Pennsylvania general partnership, t/a MOWERY- PEIFER ASSOCIATES, Defendant :NO. 94. Jt.,30CIVIL 1994 . . : NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint is served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FINO OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator Cumberland County Courthouse South Hanover Street Fourth Floor Carlisle, PA 17013 (717) 240-6200 SAlOIS, GUIDO &: MASLAND 2109 Markct Street Camp Hill, PA COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all owners of units in the Colonial View Condominium, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. v. CIVIL ACTION - LAW HAROLD F. MOWERY, III and KEITH E. PEIFER, a Pennsylvania general partnership, t/a MOWERY- PEIFER ASSOCIATES, Defendant . . NO. '14 .Jf., gl) CIVIL 1994 ACTION TO OUIET TITLE COMPLAINT ~ .oW, comes the plaintiff, Colonial View Condominium Unit OWners Association, by its attorneys, Saidis, Guido, Shuff & Masland, and states the following cause of action: 1. The Plaintiff is the Colonial View Condominium Unit OWners Association, an unincorporated association (the "Plaintiff"). The Plaintiff is the unit owners association created pursuant to the Pennsylvania Uniform Condominium Act, 68 Pa.C.S.A. 53101 et seq. (the"Act") as the organization representing the unit owners of the SAIDIS. Gumo & MASLANJ) 2109 Market Sm:C'1 Camp Hill. PA Colonial View Condominium, a 44-unit condominium situate in Upper Allen Township, Cumberland County, Pennsylvania (the "Condomini- urn"). The Plaintiff is empowered to institute litigation in its own name on behalf of all unit owners in matters affecting the Condominium, 68 Pa.C.S.A. 53302(a)(4). I SAlOIS, GUIOO & MASI.ANI) 2109 Markel Sueet Camp Hill. PA 2. Defendant Harold F. Mowery, III and Keith E. Peifer tla Mowery-Peifer Associates (the "Declarant") is a Pennsylvania general partnership whose last known address is 1181 York Road, Mechanicsburg, pennsylvania 17055. 3. By a deed from Ashcombe Products Company as Grantor to Harold F. Mowery, III and Keith E. Peifer, a Pennsylvania general partnership tla Mowery-Peifer Associates as Grantee, dated August 8, 1983 and recorded in the Office of the Recorder of Deeds of Cumberland County on August 24, 1983 at Deed Book 1-30, Page 650, the Declarant acquired a tract of land situat~n Upper Allen Township, Cumberland County, Pennsylvania (the "Land"). 4, On May 24, 1984 the Declarant recorded its Declaration Creating and Establishing Colonial View Condominium (the "Declara- tion") in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania at Deed Book 295, Page 721, by which the Declarant submitted the Land together with all improvements then erected or to be erected thereon, and all easements, covenants, rights, liberties, privileges, hereditaments and appurtenances belonging or appertaining thereto, to the provisions of the Act. 5. The Declarant also recorded its Declaration Plan of Colonial View in the Office of Recorder of Deeds at Plan Book 45, Page lOS, (the "Plan"). 6. The Condominium is a flexible condominium as defined in the Act. As such, a portion of the Land was designated in the Declaration as convertible real estate upon which the Declarant contemplated the erection of nine additional buildings containing units. Ii 11 7. The Declaration, at Paragraph 8. c, established a time limitation of three years after the recording date of the Declara- tion within which the Declarant could exercise its option to convert real estate to units within the Condominium. 8. On November 8, 1984 the Declar.ant recorded its First Amendment to Declaration of Colonial View Condominium in the Office of the Recorder of Deeds of Cumberland County at Miscellaneous Book 300, Page 422, by which the Declarant converted a portion of the convertible real estate to units designated as Units 13 through 24. 9. On May 24, 1985 the Declarant recorded its Second Amendment to Declaration of Colonial View Condominium in the Office of ~he Recorder of Deeds of Cumberland County at Miscellaneous Book 305, Page 877, by which the Declarant converted an additional portion of the convertible real estate in the Condominium to units designated as Units 25 through 36. 10. On March 31, 1986 the Declarant recorded its Third Amendment to Declaration of Colonial View Condominium in the Office of the Recorder of Deeds of Cumberland County at Miscellaneous Book 315, Page 867, by which the Declarant converted an additional portion of the convertible real estate in the Condominium to units SAIDIS, GUIDO & MASLAND 2109 Malkt1 Sm:'t'1 Camp lIi11. PA designated as Units 55 through 62. 11. The Declarant's right to convert the convertible real estate to units in the Condominium expired on May 24, 1987. 12. A portion of the convertible real estate had not been converted by the Declarant to units at the expiration of the Declarant's right to convert real estate to units on May 24, 1987 (the "Unconverted Real Estate"). The Unconverted Real Estate is that portion of the Land upon which the Declarant contemplated building Units 37 through 48 and 51 through 54, as shown on the Plan. 13. The Unconverted Real Estate constitutes common elements under the Act and the Declaration, being a portion of the Condomin- ium that is not a unit or units. Pursuant to 53208 of the Act and the Declaration, an undivided interest in the common elements of the Condominium is allocated to each of the units in the condomini- urn. .....PORE, Plaintiff requests that this Court enter an order declaring that: a. The Declarant's right to convert convertible real estate within the Colonial View Condominium to units expired on May 24, 1987. b. All Land within the Colonial View Condominium that was not converted to units by May 24, 1987 constitutes common elements in which the unit owners of the Colonial View Condominium own an undivided interest. c. The Declarant is barred from asserting any right, lien, title or interes~ in any portion of the Colonial view Condominium; and SAIDIS, GUIDO & MASLAND 2109 Markrt SlrC'cl Camp Hill. PA d. Granting such other relief as may be just and equitable. Dated: ;f/11J Respectfully submitted, BY~ Robert C. Saidis, Esquire SAlOIS, GUIDO & MASLAND Supreme Court 10 121458 2109 Market Street Camp Hill, PA 17011 (717) 761-1881 Attorney for Plaintiff I (I /1'"1'-1 / SAIDIS, GUIDO & MASLAN\) 2109 Mark.et Stretl Camp Hill. PA COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all owners of units in the colonial View Condominium, Plaintiff v, HAROLD F, MOWERY, III and KEITH E. PEIFER, a Pennsylvania general partnership, t/a MOWERY- PEIFER ASSOCIATES, Defendant :IN THE COURT OF COMMON PLEAS :OF CUMBERLAND COUNTY, PENNA. :CIVIL ACTION - LAW . . . . :NO. CIVIL 1994 . . : VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: /I~ (1.} (19 Y SAIDtS, GUIDO & MASLAND 2109 Market Street Camp Hill. l'A COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION By: -=r en - .~: ). ";,,:, , '.:'3C;: -:.'":) . .1.' .' . :r: ;.1.... <:> 0") (&:) ~ @-- ..: .... z ~ H >< tIl Z r;j '" . ~ ~:5::1 ::> I :> o .... u Zu o Cl .... z tJ :5 ..: gj H gl t:: . ::>....0 UUZ ... en en ~ ~ '" '" 00 ~ 8 Ql '" t-4 > .~ z... <: ::>...,0 "'~ X..., 0 ::><:U .... 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COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all owners of units in the Colonial View Condominium, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2680 CIVIL TERM v. KEITH E. PEIFER, t/a MOWERY-PEIFER ASSOCIATES, Defendant AND NOW, ~ this 2J.iday of ~ , 1996, upon consideration of the attached Petition, a Rule is issued on the Defendant to show cause, if any he has, why the Order attached hereto should not be entered. RULE RETURNABLE TWENTY (20) DAYS AFTER SERVICE. SERVICE TO BE MADE ON THE DEFENDANT BY FIRST CLASS MAIL. SAlOIS, GUIDO, SHUFF & MASLAND 26 W. High 51ree. Carlisle. PA .... ..., .... "'..0:" , . ''-:} r , :'~' ! ,,, " '.' ... r. ". I (" ~ . :.. ,"--.- .-.) ." . _v ... p .. ::.:~.;~.:-..J '.....:. .., .. '. COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all owners of units in the colonial View Condominium, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2680 CIVIL TERM v. KEITH E. PEIFER, t/a MOWERY-PEIFER ASSOCIATES, Defendant ORDER AND NOW this day of , 1996, it is ordered and directed as follows: (A) The Defendant's right to convert convertible real estate within the Colonial View Condominium which was created b Declaration Creating and Establishing Colonial View Condominium recorded May 24, 1984 in the Office of the Recorder of Deeds in and for CUmberland County in Miscellaneous Book 295, Page 721 lapsed on May 24, 1987. (B) All land within the Colonial View Condominium that wa not converted into units on or before May 24, 1987 constitutes common elements in which the unit owners of Colonial View Condominium own an undivided interest. (C) The legal description of the land affected by this SAID IS. GUIDO SHUFF & MASLAND 26 w. High 51r<<' Carlisle. PA Order is as follows: ALL THAT CERTAIN tract of land situate in Upper Allen Township, CUmberland County, Pennsylvania, being more fully bounded, limited and described as follows, to wit: BEGINNING at an iron pin on ths northern side of the dedicated right of way line of West Lisburn Road, a/k/a L.R. 21013 and lands of Lawrence Rider, said iron pin being located thirty (30) feet from the centerline of West Lisburn Road, a/k/a L.R. 21013; thence along the dedicated right of way line being on the northern side of West Lisburn Road, a/k/a 21013 South eighty (80) degrees zero (00) minutes West thre hundred thirty-six and fourteen hundredths (336.14) feet to an iron pin at the intersection of the dedicated right of way line of West Lisburn Road; a/k/a L.R. 21013 and the dedicated right of way line of Mill Road, said iron pin being to the North of sai intersection; thence along the dedicated right of way line of Mill Road North forty-two (42) degrees thirty four (34) minutes fifty (50) seconds West seven hundred thirty-four and six hundredths (734.06) feet to an iron pin at lands of Lawrence Rider; thence along the last mentioned lands the following courses and distances: North eighty-nine (89) degrees six (6) minutes ten (10) seconds East Eight Hundred Eight and four hundredths (808.04) feet to an iron pin; thence South six (6) degrees fifty-five (55) minutes East Five hundred twenty-seven and eighty-two hundredths (527.82) feet to an iron pin on the northern side of the dedicated right of way line of West Lisburn Road, a/k/a L.R.21013 and the place of BEGINNING. CONTAINING 7.507 acres total, and 0.757 acres right 0 way. BEING all of the property which Harold F. Mowery III and Keith E. Peifer trading as Mowery-Peifer Associates submitted to Colonial View Condominium by its Declaration Creating and Establishing Colonial View Condominium dated May 24, 1984 and recorded in the Office of the Recorder of Deeds in and for CUmberland County in Miscellaneous Book 295, Page 721 AND FURTHER being the same property for which Harold F. Mowery, III and Keith E. Peifer entered into an agreement dated July 31, 1986 recorded July 6, 1995 i Miscellaneous Book~q9, Page ~31 , whereby Harold F. Mowery, III resigned as a partner and Keith E. Peifer purchased Mowery'S share of the partnership known as Mowery-Peifer Associates. SAiD IS, GUIDO SHUFF & MASLAND 26 W. High Slrecl ClIIli.le.PA (D) The Defendant is barred form asserting any right, title or interest in any portion of the Colonial View Condominium, and the Recorder of Deeds is directed to index thi Order against the Defendant as Grantor and to the Plaintiff as Grantee and this Order shall be noted on the margin of the record of the Deed dated August 8, 1983 from Ashcombe Products Company to Harold F. Mowery, III and Keith E. Peifer, trading a Mowery-Peifer Associates, which Deed is recorded in Deed Book I, Volume 30, Page 650 and further on the margin of the Declaration Creating and Establishing Colonial View Condominium recorded in Miscellaneous Book 295 at Page 721. BY THE COURT, George E. HOffer, J. SAIDIS, GUIDO, SHUFF & MASLAND 26 W, High 51"" Carlisle, PA 0' '. COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all owners of units in the Colonial View Condominium, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2680 CIVIL TERM v. KEITH E. PEIFER, t/a MOWERY-PEIFER ASSOCIATES, Defendant PETITION POR A RULE TO SHOW CAUSE WHY AN ORDER SHOULD NOT BE ENTERED PURSUANT PA. R.C.P. 1066 AND NOW, comes the Plaintiff, Colonial View Condominium Unit Owners Association and petitions Your Honorable Court as follows: (1) petitioner is Colonial View Condominium Unit Owners Association, a representative of all the owners of units in the Colonial View Condominium acting through its President. (2) On January 11, 1996, Your Honorable Court entered an Order granting the Plaintiff's Motion for Summary Judgment in the above-captioned action to quiet title. (3) Pa. R.C.P. 1066 concerning Actions to Quiet Title provides in part as follows: (b) Upon granting the relief to the Plaintiff, the Court . . . SAlOIS, GUIDO, SHUFF & MASLAND 26 w. High SlI<el CArlisle. VA (4) shall enter any other order necessary for the granting of proper relief. (4) Your Honorable Court's Opinion provides in part, on page 5, as follows: As eleven years have passed since the creation of the condominium, we find that the defendant's right to convert undeveloped real estate within the Colonial View Condominium has lapsed. We further hold that all land within the Colonial View Condominium that was not converted to units at the expiration of the three year period set forth in section (c) of the Declaration constitutes a portion of the common elements of th condominium. The defendant is hereby barred fro asserting any right, lien, title or interest in an portion of the Colonial View Condominium. Summa judgment is entered in favor of the plaintiff. (5) The granting of proper relief requires that an Order be entered in the Recorder of Deed's Office, indexed with the Plaintiff as Grantee and the Defendant as Grantor with a copy of the legal description of the land affected and setting forth the relief requested, all as more fully set forth in the propose Order which is attached hereto. (6) As the Defendant has acted pro se in these proceedings, service of the Rule requested shall be made by first class mail. WHEREFORE, Petitioner requests Your Honorable Court to ente a Rule to Show Cause on the Defendant why the Order in the fo attached hereto, pursuant to Pa. R.C.P. 1066 should not be entered. Dubmitted, //1 Rober C. Saidis, Esq. Attorney for Petitioner SAIDIS, GUIDO, SHUFF & MASLAND 26 W. High Stitt' C41lislc. PA COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ss I verify that the statements made in this Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities, DATED: Yd /l-/YYG:. ( R? U?!/L; ~h~~~,~' ~ Frank Lahnestein, President Colonial View Condominium Unit Owners Association SAIDIS, GUIDO SHUFF & MAS LAND 26 W, High Street C4tlisle. PA L~:_ -"1 ,i- ..0. o-"ll - .JJ ...:!.. II .1 J t=' ~ ~ " ':! I.J. () ':" .~ ...J. 1 ~ j ~ ) ~ ~j -:1 L.,) -31) p:. fl\wpSl\users\kandi\colonial.req COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all PENNSYLVANIA owners of units in the Colonial View Condominium, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, v. CIVIL ACTION - LAW HAROLD F. MOWERY, III and KEITH E. PEIFER, a Pennsylvania general partnership, t/a MOWERY- PEIFER ASSOCIATES, Defendant NO. 94-2680 PLAINTIFF'S REQUEST FOR ADMISSIONS AND ACCOMPANYING INTERROGATORY TO DEFENDANT Pursuant to Pa. R.C.P. No. 4014, Plaintiff Colonial View Condominium Unit Owners Association, by its undersigned attorneys, hereby requests that Defendant make the following admissions within thirty (30) days after service, for the purposes of this action only and subject to all pertinent objections as to relevancy which may be interposed at the trial of this case. In addition, pursuant to Pa. R.C.P. No. 4005, Plaintiff hereby requests that Defendant answer under oath the following interrogatory. Responses to these requests and interrogatory are to be served within thirty (30) days after service upon Defendant's attorney. INSTRUCTIONS 1. These accompanying admissions and requests for interrogatory are directed to the Defendant, its officers, employees, agents, servants, assigns, representatives, past and present, and unless privilege is claimed, each and every attorney, 1 past and present, of each and every such individual or entity. As used herein, "defendant", "you" and "your" means the Defendant to which these requests for admissions and accompanying interrogatory are addressed, its officers, employees, agents, servants, assigns, representatives, past and present, and each and every attorney, past and present, of each and every such individual or entity. 2. These requests for admissions and accompanying interrogatory encompass all information, documents and records that are in the possession, control, or custody of Defendant or any of its officers, employees, agents, servants, attorneys, and assigns. 3. If any objections are made to any request for admission or to the accompanying interrogatory, the reasons therefor shall be stated. 4. If there is any claim of privilege relating to any request to admit, or interrogatory, you shall set forth fully the basis for the claim of privilege, including the facts upon which you rely to support the claim of privilege in sufficient detail to permit the court to rule on the propriety of the privilege. 5. If your response to any request is not an unqualified admission, your answer shall specifically deny the matter or set forth in detail the reasons why you cannot truthfully admit or deny the matter. 6. A denial shall fairly meet the substance of the requested admission, and when good faith requires that you qualify your answer or deny only a part of the matter of which an admission is requested, you should specify so much of it as is true and qualify or deny the remainder. 2 7. You may not give lack of information or knowledge as a reason for failure to admit or deny, unless you state that you have made reasonable inquiry and that the information known to you or readily obtainable by you is insufficient to enable you to admit or deny. 8. These requests for admission and interrogatory are continuous in nature and must be supplemented promptly if Defendant obtains or learns further or different information between the date of the response and the time of trial by which Defendant knows that a previous response was incorrect when made, or though correct when made, is then no longer true. 9. Unless otherwise indicated, the time period to which these requests for admission and interrogatory are directed is from on or about January 1, 1983 through the present. 10. This request seeks the admission of the genuineness of various documents. In some cases, there are printed number and letter codes that run along the bottom of particular documents. In other cases, the word "evidence" and other identification marks may be affixed to the document. Such numbers, letters and identifying words were affixed during the accumulation and copying of the documents for this case and are not to be considered part of the document itself, except for purposes of referencing the document. The request does not seek Defendant's admission regarding the accuracy and genuineness of those numbers and letters, but only of the document on which those numbers and letters have been placed. DEFINITIONS 1. All verbs are intended to include all tenses. 3 r 2. References to the singular are intended to include the ri (\ r .f 'j \ plural and vice versa. 3. "Any" as well as "all" shall be construed to mean "each i and every". 4. "And" as well as "or" shall be construed disjunctively as I, well as conjunctively, as necessary, in order to bring within the scope of these requests all information that might otherwise be construed to be outside their scope. 'I I i I 5. "Refer to" or "relate to" means constituting, defining, describing, discussing, involving, concerning, containing, embodying, reflecting, identifying, stating, analyzing, mentioning, responding to, referring to, dealing with, commenting upon, or in any way pertaining to. REQUEST FOR ADMISSIONS 1. Each of the following documents available for inspection in the Office of the Recorder of Deeds of Cumberland County and referred to as Plaintiff's Exhibits PoOl through P-?, is admitted as being genuine and authentic: PoOl Final Subdivision Plan for Ashcombe Products Company dated March 31, 19B3 and recorded June 2, 19B3 in Plan Book 43, Page BB. P-2 Deed from Ashcombe Products Company to Harold F. Mowery, III and Keith E. Peifer, a Pennsylvania general partnership t/a Mowery-Peifer Associates, dated August B, 19B3, as recorded in the Office of Recorder of Deeds of Cumberland County on August 24, 19B3 at Deed Book 1-30, Page 650. 1 . I 4 , t , , ~ ' I. ,. P-3 Declaration of Mowery-Peifer Associates creating and establishing Colonial View Condominium, dated May 23, 1984 as recorded in the Office of Recorder of Deeds of Cumberland County on May 24, 1984 at Miscellaneous Book 295, page 721. p-4 Declaration Plan of Colonial View, as recorded in the Office of Recorder of Deeds of Cumberland County in Plan Book 45, Page 105. P-5 First Amendment to Declaration of Colonial View Condominium dated November 5, 1984 as recorded in the Office of Recorder of Deeds of Cumberland County on November 8, 1984 in Miscellaneous Book 300, page 422. P-6 Second Amendment to Declaration of Colonial View Condominium dated May 23, 1985 as recorded in the Office of Recorder of Deeds of Cumberland County on May 24, 1985 in Miscellaneous Book 305, Page 877. P-7 Third Amendment to Declaration of Colonial View Condominium dated March 31, 1986 as recorded in the Office of Recorder of Deeds of Cumberland County on March 31, 1986 in Miscellaneous Book 315, Page 867. B. Each of the following statements is true: 1. The Defendant was the Declarant of the Colonial View Condominium in Upper Allen Township, Cumberland County, Pennsylvania. 2. The Third Amendment to the Declaration of Colonial View Condominium was recorded March 31, 1986 converting to units an additional portion of the convertible real estate designated Units 5 55 through 62. 3. There have been no Amendments to the Declaration of Colonial View Condominium after the Third Amendment. 4. Units 37 through 42, 43 through 48 and 51 through 54 are shown on the Declaration Plan of Colonial View as NNBB. 5. The legend on the Declaration Plan of Colonial View provides NNBB-Need Not Be Built. 6. units 37 through 42, 43 through 48 and 51 through 54 of the Condominium as shown on the Plan have not been built. 7. The Declarant has not converted any of the real estate within the Condominium since the recording of the Third Amendment. 8. After the completion of construction, the Defendant retained the following units as rental properties: Unit 1126 - 625 Colonial Drive Unit 1135 - 634 Colonial Drive Unit 1132 - 631 Colonial Drive Unit 1119 - 618 Colonial Drive. 9. The last conveyance of a Unit by the Defendant to a purchaser which had not previously been used as a rental unit was on February 26, 1987 to David R. Fones and Elizabeth C. Aiello of Unit 1160 known as 659 Colonial Drive. INTERROGATORY 1. Plaintiff hereby requests that for each request for admission set forth above which you deny, in whole or in part, state: a. all facts, information and matters, including relevant dates, times and places, upon which your denial is 6 based; I I 1 ~ , l b. any statutory, regulatory provision(s) or other legal basis upon which your denial is based; c. the identity by name, address, phone number, and employment title of all persons with information or matters upon which your denial is based; d. a summary of the information or knowledge possessed by each such person; and e. the identity and description of all documents that refer or relate to the facts, information and matters upon which your denial is based. t SAlOIS, GUIDO, SHUFF & MASLAND DATED:-Jld,{'{.. ~ l?f( /~ By: //' Robert C. Saidis, Esquire Supreme Court ID #21458 26 West High Street Carlisle, PA 17013 (717) 761-1881 Attorney for Plaintiff 7 . ' COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all owners of units in the Colonial View Condominium, Plaintiff :IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW HAROLD F. MOWERY, III and KEITH E. PEIFER, a Pennsylvania general partnership, t/a MOWERY- PEIFER ASSOCIATES, Defendant :NO. 94-2680 CERTIFICATE OF SERVICE I, Robert C. Saidis, Esquire, certify that on kAw."~ ~, 1~'lS- 1995, I served a true and correct copy of the within Plaintiff's Request for Admissions and Accompanying Interrogatory to Defendant upon Michael L. Solomon, Esquire by depositing same in the United States mail, postage prepaid addressed as follows: Michael L. Solomon, Esquire Buchanan Ingersoll Vartan Parc 30 North Third Street Eighth Floor Harrisburg, PA 17101-2023 DATED: I-< (U..t. $ tl?<; / </7f) / ~ 'Robert c. Saidis, Esquire Saidis, Guido, Shuff & Masland 26 West High Street Carlisle, PA 17013 8 COLONIAL VIEW CONDOMINIUM OWNERS ASSOCIATION, as representative of all owners of units In the Colonial View Condominium, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94.2680 CIVIL TERM v. KEITH E. PEIFER, Va MOWERY-PEIFER ASSOCIATES, Defendant IN RE: PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Before HOFFER. J. and BAYLEY. J. OPINION HOFFER, J.: Before the Court for disposition Is the plaintiffs Motion for Summary Judgment. This case arises from a Declaration establishing the Colonial View Condominiums in Upper Allen Township, Cumberland County. The plaintiff in this case is the Colonial View Condominium Unit Owners Association. The defendant Is Keith E. Peifer, Val Mowery-Peifer Associates, the Declarant who established the Colonial View Condominium complex. The relevant facts In this case may be summarized In the following way. On May 23, 1984, the defendant created the Colonial View Condominium Complex (hereinafter the condominium). The Declaration establishing the condominium provided that the land, buildings and The Declaration and Condominium Plan contemplated development to Include a maximum of 62 units. When the Declaration was recorded there were 94-2680 CIVIL TERM Improvements erected within the complex were subject to the Uniform Condominium Act of Pennsylvania. 68 Pa.C.S.A. ~ 3101 m~, The Declaration further provided that Colonial View would be a 'flexible condominium' as defined In the Act.' With regard to the status of the project as a flexible condominium, section 8(c) of the Declaration provided: Time Limit. The Declarant shall have a period of time not to exceed three years after the recording date of this declaration within which time to exercise Its option to convert additional real estate. . . to this condominium. This option may lapse only upon the express recording of an appropriate Amendment to this Declaration plan by the Declarant indicating that It is waiving Its right to convert additional real estate to the condominium. There are no other limitations upon the Declarant requiring or limiting Its ability to add additional real estate to the condominium or convert real estate to the condominium other than as set forth above. twelve units within the condominium. On November 8, 1984, the defendant recorded its First Amendment to the Declaration of the Colonial View 'The Act defines a flexible condominium as a condominium containing withdrawable or convertible real estate, a condominium to which additional real estate may be added or a combination thereof. 68 Pa.C.S,A. ~ 3103. 2 94-2680 CIVIL TERM Condominiums. Pursuant to this Amendment, the defendant converted a portion of the real estate and created condominium units 13 through 24. On May 24, 1985, the defendant recorded a Second Amendment, converting units 25 through 36. Finally, on March 31, 1986, the defendant recorded a Third Amendment, converting units 55 through 62. The Condominium Plan also called for development of units 37 through 48 and 51 through 54. The defendant, however, has never converted this real estate. This undeveloped land Is the subject of the instant quiet title action. In pursuing Its claim for quiet title, the plaintiff alleges that the defendant's failure to convert the aforementioned real estate, within the three year time period specified In section 8(c) of the Declaration, renders the land a part of the common area of the condominium to which the condominium owners have clear title. The defendant argues that the language of section 8(c) of the Declaration permits development for an indefinite period of time In the absence of a specific waiver of development rights. We address these arguments, Discussion The defendant has, by the very language of the Declaration, subjected the condominium to the provisions of the Uniform Condominium Act. ~ Declaration Preamble. In addition, the defendant has classified the condominium as a flexible 3 94-2680 CIVIL TERM condominium. ~ Declaration Preamble. Section 3206 of the Uniform Condominium Act sets forth the requirements for a declaration creating a flexible condominium. 68 Pa,C.S.A. ~ 3206. This section provides In pertinent part: ~ 3206. Contents of declaratlonj flexible condominiums. The declaration for a flexible condominium shall Include: (1) An explicit reservation of any options to create units, limited common elements, or both, within convertible real estate or to add additional real estate or to withdraw withdrawable real estate from the condominium. (2) A statement of the time limit, not exceeding seven years after the recording of.Jl1e declarat.!2n, upon which any option reserved under paragraph (1) will lapse together with a statement of any circumstances that will terminate the option before the expiration of the time limit. lQ. (emphasis added) In addition to these statutory provisions. we note the provisions of section 3105 of the Uniform Condominium Act which state: ~ 3104. Variation by agreement. Except as expressly provided In this subpart, provisions of this subpart may not be varied by agreement and rights conferred by this subpart may not be waived. .' 4 94-2680 CIVIL TERM 68 Pa.C.S,A. ~ 3104, In light of the aforementioned principles, the defendant's argument In this case is untenable. The plain and unambiguous language of section 3206(1) and (2) states that there Is a finite period of time, not to exceed seven years during which a developer may exercise his option to create units. The defendant's Interpretation of the Declaration, permitting him to develop the land for an Indefinite period of time, Impermissibly alters the provisions of section 3206. This alteration violates the provisions of section 3104 and such an Interpretation of the Declaration Is improper. The law goveming the condominium in this case provides the developer with a maximum of seven years to complete construction. 68 Pa.C.S.A, ~ 3206. Although the language of section 3206 permits the developer to shorten this window of opportunity, there is no authority for the proposition that the time frame may extend beyond the seven years provided for in the statute. lQ. As eleven years have passed since the creation of the condominium, we find that the defendant's right to convert undeveloped real estate within the Colonial View Condominium has lapsed. We further hold that all land within the Colonial View Condominium that was not converted to units at the expiration of the three year period set forth In section (c) of the Declaration constitutes a portion of the 5 94-2680 CIVIL TERM common elements of the condominium. The defendant is hereby barred from asserting any right, lien, title or Interest in any portion of the Colonial View Condominium. Summary judgment Is entered in favor of the plaintiff. 6 I.. ',- l_..-~ ., , . ...I' , " 11 : LAW Df'f'lc!:s Of' .JAMES A. MILLER . '\ 122 LOCUST STREET. BUJTE lCD HARRII!lBURO. PA 17101 .JAMlI!:S A. MILLER. ESQ. TEL.. 17171 236-5161 f'AlC 17171 236-8747 J .. . , , f.' t.' ,! j. , .: Ii , . - -- ...:" COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all PENNSYLVANIA owners of units in the Colonial View Condominium, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, v. CIVIL ACTION - LAW HAROLD F. MOWERY, III and KEITH E. PEIFER, a Pennsylvania general partnership, t/a MOWERY- PEIFER ASSOCIATES, Defendant NO. 94-2680 CERTIFICATE OF SERVICE I, Renee Murray, certify that on July 21, 1995, I served a true and correct copy of the Order of Court dated July 5, 1995 to the following persons by depositing same in the United States mail, postage prepaid addressed as follows: Honorable George E. Hoffer CUMBERLAND COUNTY COURT HOUSE Carlisle, PA 17013 Honorable J. Wesley Oler, Jr. CUMBERLAND COUNTY COURT HOUSE Carlisle, PA 17013 F. Richard Martsolf, Esq. 2515 North Front Street Harrisburg, PA 17108-2106 Bruce Bratton, Esq. 2515 North Front Street Harrisburg, PA 17108-2106 SAlOIS, GUIDO, SHUFF & MASLAND 26 W. High Street CArlisle,VA Sarah M. Bricknell, Esq. BUCHANAN & INGERSOLL Varton Parc 30 N. Third St., 8th Floor Harrisburg, PA 17101-2023 Keith Peifer 1450 Main Street Mechanicsburg, PA 17055 DATED: August 7, 1995 ..... en - ~ ..... r-l :-~ of- J-_ <.... I .: ~l ~~ d~:~:; '~. ' - , ,.,'- co <.'> ;> - J, ':J 0'"'" PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and sul:Jnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter far the next Argunent COUrt. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption lILI5t be stated in full) Colonial View Condcrninium Unit CMners Association, ~._- r= ., L':' ( plaintiff) C5 ~_: VB. Harold F. Mowery, III and Keith E. Peifer, a Pennsylvania General Partnership, t/a Mowery-Peifer Associates ...- ~ ... :~ c.D c.rt (Deferxlant) No. 94-2680 1994 Civil 1. State matter to be argued (i.e., plaintiff's motion for new trial., deferxlant's denurrer to CCIIlllaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel lobo will argue case: (a) far plaintiff: Address : Robert C. Saidis, Esquire 26 West High street Carlisle, PA 17013 (b) far deferxlant: Address: Keith E. Peifer 1450 Main street Mechanicsburg, PA 17055 James A. Miller, Esquire 122 Locust street Suite 100 Harrisburg, PA 17101 3. I will notify all parties in writing within b.u days that this case has been listed for argunent. 4. Argunent COUrt Date: October 11, 1995 D:lted: (.0 c> '~ ~ /::/ / ';~ \ - Attorney far Plaintiff Robert C. Saidis, Esq , I I I I I : \ i I i \ I I I , COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION as representative of all owners of the units in the Colonial View Condominium. Plaint! ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA VS HAROLD F, MOWERY. III. and KEITH E. PEIFER, 0 general partnership. t/a Mowery Peifer Associates. Defendant 94-2680 CIVIL TERM CIVIL ACTION - LAW IN RE: REQUEST FOR ATTORNEY'S FEES ORDER OF COURT AND NOW. August 7. 1995. 3:00 p,m,. after hearing and consideration of the testimony presented. we do find that the plaintiffs should be awarded attorney's fees for unconscionable delay in this matter caused by the defendant. Keith E, Peifer. and we award the plaintiff $1187,50 against the defendant. Keith E. Peifer, for such 0 delay, By the Court. Robert C, Saidis, Esquire 26 West High Street Carlisle. Pa. 17013 For the Plaintiff fer, J, Sarah M. Bricknell. Esquire Buchanon Ingersoll ' 30 North Third Street 5 Harrisburg. Pa, 17101 C, Martsolf & Bratton ~ 2515 North Front Street r Harrisburg, Pa. 17110 "" , - ~ James A, Miller, Esquire 122 Locust Street - Suite 100 Harrisburg. Po, 17101 For Defendant Keith E. Peifer :mtf - <.P <J' c.......r..' n-'-<'-~ ~/,aI9.s-. ..l, "J, LAW OF'F'ICES OF' &.lAMES A. MIL.L.ER 122 LOCUIIT STREeT, SUITE 1 DO, HARRIIIIIURD, PA 17101 . 17171236'5161 F'AX 17171 236'B747 . August 11, 1995 Honorable George H CUmberland ;y Co Carli , PA 170 ouse Re: Colonial View Condominium v. Mowerv, No.: 94-2680 Dear Jud~~ Hoff~r: Thank you for your consideration Monday, August 7, 1995. I discussed this matter with Mr. Peifer and we agreed that I will not be entering my appearance on his behalf. I have advised him to seek other counsel should he wish to defend Plaintiff's motion. I apologize for any inconvenience this may cause the court. Finally, I would like to make note of the fact that I received this date a time stamped copy of Plaintiff's Praecipe for argument erroneously identifying me as Defendant's counsel. If there is anything required of me to correct thi.s, please advise, . ncerely, ) , --I .(/ L J, /mt c: Keith E. Peifer Robert C. Saidis, Esqui.re ..... en - >-- ""- ~... u,~..:-. .~ ~7.L .' I;, nt.J.,~ ....-.;.:~ ..-. ..-..; -., .. ......;-l~ : ..'U~ :lC c::z C) 0-4 == t.n g ~ . .- ~-=! .,.- COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all PENNSYLVANIA owners of units in the Colonial View Condominium, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, v. CIVIL ACTION - LAW HAROLD F. MOWERY, II I and KEITH E. PEIFER, a Pennsylvania general partnership, t/a MOWERY- PEIFER ASSOCIATES, Defendant NO. 94-2680 CERTIFICATE OF SERVICE I, Kandi L. Lenker certify that on September 22, 1995, I served a true and correct copy of the within Brief in Support of Plaintiff's Motion for Summary Judgment by depositing the same in the United States mail, postage prepaid addressed as follows: DATED: 9-22-95 Mr. Keith E. Peifer 1450 Main Street ~;burg'/2:L- Kandi L. Lenklr /' Saidis, Gu~do, Shuff & Masland 26 West High Street Carlisle, PA 17013 SAID IS, GUIDO, SHUFF & MASLAND 26 w. High 51"" Carlisle, PA COLONIAL VIEW CONDOMINIUM UNIT OWNERS' ASSOCIATION, as representative of all owners of units in the Colonial View Condominium, COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. CIVIL ACTION - LAW HAROLD F. MOWERY, III and KEITH E. PEIFER, a Pennsylvania general partnership, t/a MOWERY- PEIFER ASSOCIATES, NO. 94-2680 Defendant. PETITION TO WITHDRAW NUNC PRO TUNC Buchanan Ingersoll Professional Corporation ("BIPC") and Sarah M. Bricknell, Esquire state the following in support of their Petition to Withdraw, Nunc ~ ~: 1. On or about June, 1994, Michael Solomon, Esquire, fo~merly of BIPC, undertook to represent defendant Keith E. Peifer in the above-captioned matter. 2. On July 13, 1994, Mr. Solomon filed an answer to the plaintiff'S complaint in this matter. Ms. Bricknell had assisted Mr. Solomon in the preparation of the answer. 3. Ms. Bricknell had no further involvement in this matter until April 13, 1995. Mr. Solomon, who had left the employment of BIPC, requested that Ms. Bricknell forward the file in this matter to Frederick R. Martsolf, Esquire of Martsolf & Bratton in Harrisburg, PA, because Mr. Martsolf was going to undertake the representation of Mr. Peifer. Mr. Solomon could no longer represent Mr. Peifer because he had accepted an in-house counsel position with a large corporation. Ms. Bricknell drafted a cover letter and had Mr. Solomon's former secretary forward the complete file to Mr. Martsolf. A copy of the cover letter is attached hereto as Exhibit "A." No copy of the file was retained at BIPC. 4. On June 13, 1995 BIPC received copies of two pleadings in this matter - plaintiff's Motion for Admissions along with an Order, signed by the Court, deeming all the requested items admitted by defendant Peifer, and plaintiff's Motion for Summary Judgment. 5. As soon as Ms. Bricknell was made aware that these items had been received, she telephoned plaintiff's counsel, Robert C. Saidis, Esquire, to find out why they had been sent. Mr. saidis informed Ms. Bricknell that no withdrawal of appearance had been filed by Mr. Solomon, and that Mr. Bratton, who had been handling the case for Martsolf & Bratton, refused to enter an appearance. 6. Ms. Bricknell promptly filed a withdrawal of appearance on behalf of herself and BIPC, a copy of which is attached hereto as Exhibit "B." 7. Between June 13 and June 26, 1995, Ms. Bricknell repeatedly tried to contact Mr. Bratton and Mr. Martsolf, to no avail. 8, On June 26, 1995, the Court Administrator for Cumberland County telephoned Ms. Bricknell to inform her that she was attached to appear at oral argument on July 5, 1995 on -2- plaintiff's summary judgment motion, because Martsolf & Bratton had refused to enter an appearance. 9. After many telephone calls, Ms. Bricknell finally reached Mr. Bratton on June 26, 1995. Ms. Bricknell questioned Mr. Bratton on his firm's failure to enter an appearance in this matter. Mr. Bratton responded by saying that he represented Mr. Peifer for settlement purposes only, and not in the litigation of this matter, and that he had "no problem drawing that distinction" in the representation. He refused to appear at the oral argument or enter an appearance. 10. Ms. Bricknell then telephoned Mr. Peifer. Mr. Peifer said that Mr. Bratton had never told him that he was representing him for some purposes and not others. Ms. Bricknell told Mr. Peifer about the oral argument on July 5, and asked Mr. Peifer to call Mr. Bratton. 11. On June 30, 1995, Ms. Bricknell again spoke to Mr. Peifer. Mr. Peifer had asked Mr. Bratton to appear at the oral argument, and Mr. Bratton had refused. 12. Martsolf & Bratton has clearly undertaken to represent Mr. Peifer, regardless of whether or not an appearance has formally been entered, based on the following: a. Mr. Peifer paid Martsolf & Bratton for its representation of Mr. Peifer in this lawsuit. b. Mr. Peifer met with and spoke with Mr. Bratton several times since his firm began representing Mr. Peifer in early April, and there was no indication until June -3- c. On April 26, 1995, Mr. Martsolf sent Mr. Saidis a letter, requesting an extension to respond to the plaintiff's requests for admissions, in which Mr. Martsolf twice referred to Mr. Peifer as his client. A copy of the letter is attached hereto as Exhibit "C." d. Martsolf & Bratton agreed to take over this case from Mr. Solomon, and neither Mr. Martsolf nor Mr. Bratton ever informed Mr. Solomon nor anyone at BIPC that they were not representing Mr. Peifer in this matter. It was not until the end of June, when Ms. Bricknell telephoned Mr. Bratton, that Mr. Bratton advised Ms. Bricknell that he no longer wanted to represent Mr. Peifer in the litigation, but just wanted to represent him for purposes of a settlement. e. Until June, 1995, Martsolf & Bratton gave Mr. Saidis, plaintiff's counsel, every indication that they were representing Mr. Peifer in all aspects of this matter. 13. Ms. Bricknell has not looked in the file on this matter since July, 1994. There is no copy of the file in BIPC's possession. Michael Solomon was the only attorney at BIPC with any substantial knowledge of this case, and Mr. Solomon no longer works at BIPC. 14. Martsolf & Bratton have completely violated their professional responsibility to Mr. Peifer. It would not be appropriate for Ms. Bricknell or any other attorney at BIPC to be that Mr. Bratton did not want to represent Mr. Peifer in this litigation. -4 - required to represent Mr. Peifer in this matter, as they have no copy of the file, they have no idea of the nature of the admissions that have been deemed admitted, they have no idea what else has transpired in this case since July, 1994, and they should not be required to resume representation in a matter that has been incompetently handled for the last three months. WHEREFORE, Buchanan Ingersoll Professional Corporation and Sarah M. Bricknell respectfully request that this Court enter an order allowing BIPC to withdraw its appearance in this matter, !lJ,!lli;. oro tunc. Respectfully submitted, ~t-.J. ~ Sarah M. Bricknell, Esquire PA 1.D. # 64639 BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. 3rd Street, 6th Floor Harrisburg, PA 17101 (717) 237-4600 Dated: July 5, 1995 -5- VERIFICATION I, Sarah M. Bricknell, verify that the statements made in the foregoing Petition to Withdraw ~ Pro IYn& are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 16 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. ... ~M~ Sarah M. Bricknell, Esquire BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. 3rd Street, 8th Floor Harrisburg, PA 17101 (717) 237-4800 Dated: July 5, 1995 CERTIFICATE OF SERVICE I certify that the foregoing Petition to Withdraw ~ ~ ~ was served this 5th day of July, by first-class U.S. Mail, addressed as follows: Frederick R. Martsolf, Esquire Bruce Bratton, Esquire Martsolf & Bratton 2515 N. Front Street Harrisburg, PA 17110 I certify that the foregoing petition to Withdraw Nunc Pro Tunc was served this 5th day of July, by hand delivery upon the following: Robert C. Saidis, Esquire SAIDIS, GUIDO & MAS LAND 2109 Market Street Camp Hill, PA 17011 ,. ~u.. Sarah M. Bricknell, Esquire Buchanan Ingersoll I' K 0 I: H S S ION ^ l. C I) k I' 0 N ^,. I ON AlIorncyl Sarah M. Brlcknell 717137-48l8 Vanaa Pare 30 Nonh Third 5'=' Illlhlh Floor Horrl.bulI. PA \7101.1013 Telephone: 717.137-4800 Fu: 717.13l.Q851 April 13, 1995 VIA MESSENGER Frederick R. Martsolfr Esquire Martsolf & Bratton 2515 N. Front Street Harrisburg, PA 17110 REI Colonial View Condominiums v. Mowerv-Peifer Dear Mr. Martsolf: Enclosed is the file in the above-referenced matter. Mike Solomon will be calling you on Monday or Tuesday to discuss it. Please do not hesitate to call if you have any questions. Very truly yours, ~~ . Sarah M. Bricknell 5MB/jlr Enclosures cc: M. Solomon (via telecopy) l'UI.hll,<<h IIIUTioolmrlC l'hll.ul..lllhlol \ljilllli -Imlllk' l.t'\lu,(tulI I',jnn-lllll , . . " COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, owners of units in the colonial View Condominium, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff CIVIL ACTION - LAW '-_ co '" v. NO. 94-2680 - HAROLD F. MOWERY, III and KEITH E. PEIFER, a Pennsylvania general partnership, t/a MOWERY- PEIFER ASSOCIATES, . - ,...., ~~ '-.:J ::::: 'II. - ~. . ,. -"..- - ~ Defendant PRAECIPE FOR WITHDRAWAL To the Prothonotary: Please withdraw the appearance of Sarah M. Bricknell of Buchanan Ingersoll Professional Corporation, and Michael Solomon, formerly of Buchanan Ingersoll professional Corporation, in the above-captioned case. Buchanan Ingersoll was counsel for defendant Keith E. Peifer and Mowery-Peifer Associates. Since March, 1995, Keith E. Peifer and Mowery-Peifer Associates have been represented in this matter Bruce F. Bratton and Frederick R. Martsolf of Mc:.rtsolf & Bratton, 2515 North Front Street, P.O. Box 12106, Harrisburg, PA 17106-2106. Respectfully submitted, ~M~ Sarah M. Bricknell, Esquire Pa. I.D. #64639 BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third Street, Eighth Floor Harrisburg, PA 17101 (717) 237-4838 DATE: June 13, 1995 . . ,,Ii), u.( filr.f.'f. II': .'1) Martsolf 0 Bratton AnORNEYS AND CoUNSELORS AT Lt.w 2515 NORTH FRONT STREET P.O. Box 12106 HARRISBURG. PENNSVLVANIA 17108-2106 TaL.PHON. (717) 230.0424' TBLBOOP'UA (7'17) 233.5781 ~A. MAATSOL'- DAUCR fI\ DAArrON VICTORIA S. L.BS PIL.e NO. April 28, 1995 950031 VIA TELECOPY Robert C. Saidis, Esquire SAIDISr GUIDO & MASLAND 2109 Market Street P. O. Box 737 Camp Hill, PA 17001 Re: Colonial View/Quiet Title Action Dear Bob: This will confirm our discuBsion of April 25, 1995 when I requested and you agreed to grant an extension within which to respond to your outstanding discovery in the nature of a Request for Admissions until the close of business on Friday, May 12r 1995. As I indicated to you, I have requested that my client obtain copies of all recorded documents referenced in your request in order that my client's response be accurate. Best regards. FRM/ner cc: Mr. Robert Yentzer Mr. Keith E. Peifer t:o..l<o:"':'- """ LI"I ~ ~>- ..t:o-" ..."" u,(~ '::I:-~ (.'- ..... .. I, " 'J:"i ,:.:S~ :;" . <., :or:: -=r ::,. ~ en '..,.-. 1-, I'.': ~ => -, ,,'-' COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all owners of units in the Colonial view condominiumr Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . . . : . . . . v. CIVIL ACTION - LAW HAROLD F. MOWERY, III, and KEITH E. PEIFER, a pennsylvania general partnership, t/a MOWERY- PEIFER ASSOCIATES, Defendant NO. 94-2680 civil Term PRAECIPE TO: prothonotary of Cumberland county Please note the appearance of the undersigned as attorneys for Harold F. Mowery, III, individually (and not on behalf of Mowery-peifer Associates). We acknowledge receipt of a copy of the complaint and accept service thereof on behalf of Mr. MowerYr individually. B eys for Harold F. Mo y, III, individually Dated: June 10, 1994 LAW O""lC[~ SNELBAKER a BRENNEMAN COLONIAL VIEW CONDOMINIUM ) UNIT OWNERS ASSOCIATION ) as representative of all ) owners of unites in the ) Colonial View Condominium, ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. HAROLD F. MOWERY, III, AND KEITH E. PEIFERr a Pennsylvania General Partnership, t/a MOWERY- PEIFER ASSOCIATES, Defendants. -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No.: 94-2680 civil Term PRAECIPB FOR BNTRY OF APPEARANCE Kindly enter the appearance of BUCHANAN INGERSOLL PROFESSIONAL CORPORATION as counsel for defendant Keith E. Peiferr trading as Mowery-Peifer Associatesr in the above-captioned matter. DATED: June 30, 1994 l1c%we J7 ~<'- Miohael L. Solon Pennsylvania Attorney I.D. #36031 ~ S~ki1.l1 pennsylvania Attorney I.D. #64839 Buchanan Ingersoll Professional Corporation Vartan parc 30 N. 3rd Street, 8th Fl. Harrisburg, PA 17101 (717) 237-4800 ~ CBRTI~ICATB O~ SBRVICB I hereby certify that a true and correct copy of this Praecipe for Entry of Appearance was served upon the following counsel of record, by the united states Postal servicer this 30th day of June, 1994: Robert C. Saidis SAlOIS, GUIDO, SHUFF & MASLAND 26 w. High street Carlisle, PA 17013 M~o~mJ~~ BUCHANAN INGERSOLL, P.C. 30 N. 3rd street, 8th Fl. Harrisburg, PA 17101 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and subnitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter far the next Arg\Illent coort. --------------------------------------------------------------------------------------- CAPTION OF CASE (entire caption I1UIt be stated in full) COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATIONr ~ 00 c:'" -v;r-f ,..,rn:r .1'1 ;z:tTtfTJ;; :I:::O....JrJ'l 1,Jlr-:1": <., ~~4;,') , /- .l:-tO .-.:o:z:..... ~(')O..., ~.:l~~ ,.....:.; (,,),., :Z:j;! -<,.. -<... .. ~ - N - - (Plaintiff) CI Ql ~ VB. HAROLD F. MOWERYr III and KEITH E. PEIFER, a Pennsylvania general partnership, t/a MOWERY-PEIFER ASSOCIATES (Defendant) No. 94-2680 Civil 1994 1. state matter to be argued (i.e., plaintiff's motion far new trial., defendant's da1w:rer to cmplaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel. who will argue case: (a) far plaintiff: Robert C. Saidis, Esq. Address: 26 West High Street, Carlisle, PA 17013 (b) fOr defendant: Bruce Bratton, Esq. Richard Snelbaker, Esq. Address: 2515 N. Front St. 44 W. Main Street Harrisburg, PA 17108-2106 Mechanicsburg, PA 17055 Sarah M. Brickne1lr Esq., BUCHANAN & INGERSOLL Vartan Parc, 30 N. Third St., 8th Floor, Harrisburg, PA 17101-2023 3. I will notify all parties in writing within two days that this case has been listed for argIJ1Ent. 4. ~t Court Date: July 5, 1995 / , , Robert C. Sald s, Esq. Dated: June 12, 1995 Attorney , - " , , - COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, owners of units in the Colonial View Condominium, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA Plaintiff CIVIL ACTION - LAW NO. 94-2660 v. HAROLD F. MOWERY, III and KEITH E. PEIFER, a Pennsylvania general partnership, t/a MOWERY- PEIFER ASSOCIATES, Defendant PRAECIPE FOR WITHDRAWAL To the Prothonotary: Please withdraw the appearance of Sarah M. Bricknell of Buchanan Ingersoll Professional Corporation, and Michael Solomon, formerly of Buchanan Ingersoll Professional Corporation, in the above-captioned case. Buchanan Ingersoll was counsel for defendant Keith E. Peifer and Mowery-Peifer Associates. Since March, 1995, Keith E. Peifer and Mowery-Peifer Associates have been represented in this matter Bruce F. Bratton and Frederick R. Martsolf of Martsolf & Bratton, 2515 North Front Street, P.O. Box 12106, Harrisburg, PA 17108-2106. Respectfully submitted, ~M~ Sarah M. Bricknell, Esquire Pa. I.D. #64639 BUCHANAN INGERSOLL PROFESSIONAL CORPORATION 30 N. Third Street, Eighth Floor Harrisburg, PA 17101 (717) 237-4838 DATE: June 13, 1995 , . ..1.1 . , ;' Martsolf 0 Bratton ATTORNEYS ANO COUNSELORS AT lAw 'l. -~. 2515 NORTH FRONT STREET P.O. Box 12106 HARRISBURG. PENNSYLVANIA 17108-2108 T.L.PHON. (717) 8:10-411'" TIlLBCOP,... (717) 23"'117111 P\A. MAATIIOU- BRuoe ~ BRATTON VICTOAIA B. Lilli April 26, 1995 ,.ILI! NO. " Mr. Robert Yentzer 6375 Basehore Road Mechanicsburg, PA 17055 ,,'" . Mr. Keith E. Peifer 1450 Main Street Mechanicsburg, PA 17055 Re: Representation: Colonial View Dear Messrs Yentzer and Peifer: Thank you for asking our firm to act as your attorneys. This letter sets forth the agreement concerning our representation of you. This Agreement shall become effective upon our receipt of a countersigned copy of this letter. We cannot und6Fcake to do any work on your case until we receive this Agreement Letter signed by you. 1. We request that you pay to our firm the amount of $3,000.00, representing both our initial retainer and a source for advancement of costs we may incur on your behalf. Of this amount, $100.00 is cur minimum fee, which is for the purpose of enabling us to open your file and to undertake your representation. This minimum fee is non-refundable. We will apply your reta iner behalf and against costs we incur, is exhausted, you will be billed expended or we shall rl}quest circumstances warrant. against time expended on your and at such time as that amount regularly for additional time an additional retainer if 2. Our representation of you will be charged on an hourly rate for all time devoted to giving substantive attention to your file. At the present time, L1ll! piu-lner hourly rate is $140.00 per hour and the associate hourly lale is $100.00 per hour, which ralCH are subject to change with nOl)(',' 10 you. We will keep you advis('(j , ... . ~ Mr. Robert .J,fntzer Mr. Keith E.Peifer April 26, 1995 Page 2 of all time expended by us in representing you. Fractions of hours are computed in increments of not less than one-tenth (.1) of an hour and the "interruption of other work is taken into considera- tion. GenerallYr a minimum charge would be based upon three-tenths (.3) of an hour. At the conclusion of this matter, you will receive a final bill, which may include an additional completion and result fee based upon the result accomplished, the difficulty and complexity of the matter, the importance of the issues,,; the skill required to perform the legal services and the experience, reputation and ability of the lawyer or lawyers performing the service. ~ It is impoBsible to determine in advance the amount of time V\that will be needed to comp 1 pte y""r case. We will keep you fully informed of time-useo for conferences, telephone callsr drafting documentsr research, court time, travel timer and like matters on your monthly statements. 3. We will bill you periodically on a time-expended basis, reserving the right to bill you an additional amount at the termination of your case based on the factors discussed in paragraph 2r above. We reserve the right to terminate our attorney-client relationship for nonpayment of fees or costs. We expect you to keep current with your billings. We assess a monthly service charge of one and one-half percent (1-1/2%) of any amount which remains unpaid during the month following any billing. 4. Costa are our out-of -pocket. expenses, such as filing fees, process server fees, transcripts, photocopies, long distance phone callsr travel mileage, appraisers, investigators and accountants. Costs will also be itemized and billed on a periodic basis. In most instances, you will be required to advance all costs necessary for your case. 5. We shall keep you informed as to the progress of your case. When necessary, we shall send copies of all papers cOIning in and going out of our office, including correspondencer pleadings and other documents. If I am unavailable when you telephone, your call will be returned with reasonable promptness. There will be times when I will be unavai lable to answer your call. At such times, please feel confident to talk with our secretaries or staff. If you are passing on information, they can deliver it to me ACCEPTEDr this day of , 1995. , .~ .. . . Mr. Robert Yentzer Hr. Keith E-~Peifer April 26, 1995 Page 3 without the necessity of your waiting to have me return the call. If you have a question that requires an anBwer from me, it is far easier for them to obtain the background from you, bring the matter to my attention when I am freer and then have a response for you. If it is necessary that you speak with me directlYr I Bhall attempt to return your calls as soon as pOBsible. 6. Please date and countersign this Agreement and return the or1ginal to me in the enclosed return envelope so that we will have a mutual memorandum of our understanding. You should retain the enclosed copy for your files. Thank you for placing your confidence in our firm. Very truly yoursr By MARTSOL FRM/ner Enclosures Robert Yentzer ...~~>/ 5 f/* /" ~ ' Jfri.il.'h E~eife , ..... .. ~- Martsolf 0 Bratton ATTOANIIV8 AND CouNSELORS AT LAw fit... MAftTlIOLP . ...uc. fit ......TTON 2518 NORTH FRONT SmEBT P.O. Box 12106 HARRISBURG. PENNBYLVANIA 17108-2106 T.L.OD~I." 0"(17) a:aa-e,.., TllLII"HON. (7'17) aae-484, VICTOA.A e. L.. "1&.11 NO. Ma}' 2, 1995 Richard C. Snelbaker, Esquire 44 West Main Street Mechanicsburg, PA 17055 Re: Project: Colonial View Condominium Owner: Mowery-Peifer Associates Dear Dick: Our office has recently undertaken representation of Keith E. Peiferr general partner in Mowery-Peifer Associates, regarding the above-mentioned matter. I know that the partnership is embroiled in litigation in which your client, Harold F. Mowery, IIIr has been named as an individual Defendant. AdditionallYr I understand in discussing various issues with prior counsel that Mr. Mowery had been and continues to be willing to relinquiBh his interest in the partnership by execution and recordation of a Quit Claim deed. Additionally, I was advised of your willingnesB to prepare the Quit Claim deed andr for that purposer enclose a copy of th~ deed by which the partnership acquired title to the Upper Allen Township property. If the assumptions above are co=rect, I would appreciate your preparing the required Quit Claim deed and submitting it to me, properly acknowledged, for recordation. I have a couple of concerns which I would like to address with you namely, that (1) the transaction may be taxable for realty transfer tax purposes and (2) because of the way the Condominium was set up, the deed properly excludes all outsales to date. We discussed your having a list of the current outsales. Please provide it ASAP. FRM " . .' '" P.S. - Keith, - . COLONIAL VIEW CONDOMINIUM: UNIT OWNERS ASSOCIATION, as : representative of all: PENNSYLVANIA owners of unitB in the Colonial View Condominium, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2680 Plaintiff v. HAROLD F. MOWERYr III and KEITH E. PEIFER, a Pennsylvania general partnership, t/a MOWERY- PEIFER ASSOCIATES, Defendant DEFENDANT KEITH E. PEIFER'S RESPONSE TO PLAINTIFF'S REOUEST FOR ADMISSIONS AND ACCOMPANYING INTERROGATORY Defendant Keith E. Peifer, sole remaining partner of Mowery- Peifer Associates, DefBndant in the above-caption matter, hereby responds to Plaintiff 0 s RequeBt for Admissions and Accompanying IntBrrogatory to Defendant. All admissions hereby made are with regard to the specific itemB or facts requested, and Buch admission is not intended to nor shall be deemed to waive, butr instead, is intended to and shall preserve, Defendant's right to object to the admissibility of any such item or fact in this or any subsequent proceeding on the basis of relevance, competence, materiality or on any other legitimate evidentiary basis. Defendant's admisBion of the genuineness or authenticity of a document is not intended to and shall not be deemed to be an admission that the contentB of such document are true or correct or otherwise admissible in evidence. Defendant expresBly reserves the right to supplement this Response to Request for Admissions and Accompanying Interrogatory . -' at any time prior to trial if, after the date hereof, additional information becomes available to Defendant Keith E. Peifer which would require a change or modification of this Response. Subject to the foregoing, Defendant Keith E. Peifer responds as follows: ResDonse to Reauest for Admissions 1. Admitted. B.1. Admitted. B.2. Admitted. B.3. Admitted. B.4. Admitted. B.S. Admitted. B.6. Admitted. B.7. B.8. Admitted. B.9. Admitted. ReSDonse to Interroaatorv Not applicable. Respectfully submitted, MARTSOLF & BRATTON Date By Bruce F. Bratton, Esquire Pa. Attorney I.D. No. 23949 2515 North Front Street P. O. Box 12106 Harrisburg, PA 17108-2106 (717) 236-4241 Attorneys for Defendant Keith E. Peifer -. . 2 Martsolf 0 Bratton AnoRN&V8 AND COUNseLOR8 1>7 LAw "... MAJIn"aOL" ...uca " .""'TTON 25115 NORTH FRONT STREBT P.O. Box 12106 HARRISBURG. PeNN8YLVANIA 17108-2106 T.L.CO"'." (717) __...'781 T-.L."HON. (717) ~...., VICTD..IA B. L.. "lLaNO. June 20, 1995 Robert C. Saidis, Esquire SAIDISr GUIDO, SHUFF & MASLAND 26 West High Street Carlisle, PA 17013 Dear Bob: Thank you for your letter of June 12, 1995. Do your clients have any desire to discuss settlement of this matter along the lines proposed in my recent letter to you? By my reading of the procedural rules, I Bee no requirement that responses to discovery requests be filed. We have not yet determined whether or not we intend to enter our appearance on behalf of the defendant in the litigation. I have forwarded a copy of your Summary Judgment Motion to Mr. Peifer and Mr. Yentzer. Please let me know if your clients are interested in purBuing some amicable resolution of this matter. J+f-- Bratton BFB/lt ee: Keith E. Peifer Robert Yentzer Martsolf S Bratton /IlrTORNI!VS AND CoUNULDR8 AT lAY 2516 NORTH FRONT STREBT P.O. BoX 12106 HAAAISBURG. PeNN8YLVANIA 17108-2106 ~L.P'HaN. (717) .......1141 "'&.1100"'." (71?) ZlS-8781 "".MA"TaOLfI' ...uc. ... .~N ...'....NO. VIOTD'U'" S. ~. June 28, 1995 950031 Mr. Keith E. Peifer 1450 Main Street Mechanicsburg, PA 17055 Mr. Robert Yentzer 6375 Basehore Road MechanicBburg, PA 17055 Re: Colonial View Condominium Unit OWners Association v. Mowery/peifer Dear Keith and Bob: I enclose herewith ...-cop~ of the June 26, 1995 letter and enclosed Brief whichr ;/aB~me~ has already been served upon one or both of you. <. .-- AB I diBcussed with Mr. Yentzer on TuesdaYr June 27, we have consistently, over the last few weeks, advised you not to defend this action any further as we do not believe you have a defensible pOBition. For that reasonr we have not entered our appearance on behalf of any Defendant in this action. I have instructed Mr. Yentzer to, in turnr instruct Mr. Peifer to contact Ms. Bricknell at Buchanan Ingersoll and/or write directly to the Court and advise the Courtr in writing, that he does not WiBh to defend against the Summary Judgment Motion or, at leastr doeB not wish to be represented by any attorney in this matter. I also enclose a copy of Mr. Snelbaker's letter of June 20 and a copy of his proffered Deed. Finally r I encloBe a copy of my letter to Mr. Snelbaker which I have copied to Mr. Saidis. In the middle of dictating this letterr I spoke to Mr. Saidis ~~hO adviBed that the Condominium Association iB not interested in ...,. ~esPOnding to the proposal we had made. Your offerr therefore, is .\ ~'haB been rejected. , /'" , \ ' -'/ilL F. \.~e4:on C~'';1':r'::nT'"',!C'::';-(f~~'''7i'~r/'', ,A \ t;:~j~:',j,-.~::.J..L;_..\.ltt.~_.l-A ";<l,;J J ~.: I j : \., J~::3?~>'1 f ' ".,,,,'>'r"'" """..\ :'}:::.'7J ~ \;,~':f ~,,\-.,j/':,,:.1~.i-;.\'~'.h"',~';:;j, . ,,,J ('r? ,)]1i'r' ;'~' ". -,; :~~.r;).'...i A. ~ n tL .'~"'U~:.L~.-:;V\ ~_:,,'~\:~ ''?j, -'1' ,....~ :{.,' ,,':r.. .~!.'~!i'l!.:,r;- _....!J.J...!'~.u&....,.;.;;I BFB/ner EncloBures ..... . ~ Martsolf 6 Bratton ATToRNEYS AND COUNSELORS AT lAw 2515 NORTH FRONT STREET P.O. Box 12106 HARRISBURG, PENNSYLVANIA 17108-2106 T.:~~HON. (717) ~a4't ......MAJItT.OL.. ."UC. ... ...ATTON ,..LIICQP..A ('7'17) ~78' VIOTCIIPUA e. LB. "I~NO. 950031 July 21, 1995 Mr. Keith E. Peifer 1450 Main Street Mechanicsburg, PA 17055 Mr. Robert Yentzer 6375 Basehore Road Mechanicsburg, PA 17055 Re: Colonial View Condominium Unit Owners Association v. Peifer et al. Docket No.: 94-2680 Gentlemen: I am in receipt of a Motion filed by Sarah Bricknell of Buchanan Ingersoll, the contents of which I find most disturbing. Mr. Peifer's last minute phone call to me on Friday, June 30, 1995 asking that we suddenly reverse a decision not to defend the plaintiffs 0 summary judgment motionr a decision we had reached weeks beforer likewise is most troubling. When we first met to discuss the pendency of this action and the legal status of title to the area on which planned townhomeB had never been constructed in this condominium project, we requested a retainer to offset preliminary fees and costs we anticipated incurring in our researching of the history of this case. We did not have the benefit of any files from Buchanan Ingersoll and we certainly did not, as Mr. Peifer implied, agree to undertake defense of the pending case. We agreed, to the contrary, to take a look at the case and to determine how beBt you should procBed. Upon our review of the status of this litigationr upon our review of the Buchanan Ingersoll file which was forwarded to us late in April, and upon our review of other documents, recorded and otherwiser (which were not provided to UB promptly as had been promised)r it became clear to us and we communicated to each of you our determination that you could not succeed in this litigation and thatr therefore, we did not intend to undertake your representation in this lawsuit. ...., . Mr. Keith E. Peifer Mr. Robert Yentzer July 12, 1995 Page Two Even though communications has beenr for reasons not entirely clear to me, extremely difficult, we did finally meet on June 8, 1995. At that meeting I confirmed our determination that we did not wish to become involved in this litigation which we felt could not be successfully defended. I told you we would, if you felt so inclined, attempt to negotiate some form of settlement with the condominium unit owners through their attorney, Robert Saidis, and that is what I attempted to do. The decision not to defend the lawsuit was discussed openly and I cannot and do not believe that there was any doubt in any one I s mind that we were not going to enter our appearance nor undertake any formal repreBentation in the lawsuit. We specifically advised that there was no sense spending good money after bad. Mr. Saidis' clients never responded to the settlement proposal but, instead, insisted on pursuit of the litigation. When Ms. Bricknell became so upset because her law firm wished to terminate its representation of your interests in this litigationr I specifically asked Mr. Peifer to advise th~ Court in writing that he had determined not to proceed with defense of this lawBuit which we had all agreed would be a waste of timer effort and money. Alternatively, I asked Mr. Peifer to advise Ms. Brickwell that he did not wish Buchanan Ingersoll to represent him. To see Ms. Bricknell's Motion now referring to "refusal" by our office to appear on behalf of the defendant in this case when we had all reached an understanding that no such defense would be raised is, to say the leaBt, distressing. Any implication that we have done anything other than been truthful and up front with each of you in our determination not to become embroiled in an unwinnable lawsuit we mOBt strenuously reject. I am instructing our bookkeeper to perform a final accounting and to refund to you (by means of a joint check, unless you jointly and in writing instruct me to do otherwise) the remaining balance of the retainer which we have held in our escrow account. This now terminates our firm. BFB/ljt COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, aB representative of all owners of units in the Colonial View Condominium, Plaintiff v. HAROLD F. MOWERY, III and KEITH E. PEIFER, a Pennsylvania general partnership, t/a MOWERY- PEIFER ASSOCIATES, Defendant TO: LAWRENCE WELKER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTYr PENNSYLVANIA . . CIVIL ACTION - LAW ACTION TO QUIET TITLE NO. 94-2680 PRAECIPE Please amend the caption in this matter to indicate the Defendant is Keith E. Peifer t/a Mowery-Peifer Associates and note the removal of Harold F. Mowery, III as a Defendant. /0-1/- ~ )" , ~~ ~ Robert C. Saidisr Esquire LI'> en - ':~ "'~ . - - . ;-<::: --r U'> M en .., u_ < ~ - <..> = ~ PYS510 1994-02680 Cumberland County Prothonotary's Office Page 1 Civil Case Inquiry COMPLAINT -QUIET TITLE Filed......... 5/19/94 1:40 Superior Co Execution Date Sat/Dis/Gntd.. Jury Trial.... ******************************************************************************** General Index Attorney Info COLONIAL VIEW CONDOMINIUM UNITPLANITIFF SAIDIS ROBERT C OWNERS ASSOCIATION PEIFER KEITH E DEFENDANT BRATTON BRUCE F MARTSOLF F R MOWERY-PEIFER ASSOCIATES DEFENDANT BRATTON BRUCE F MARTSOLF F R HOFFER GEORGE E 1187.50 Judge AssignBd: Judgment: 0/00/00 0/00/00 Judgment Index PEIFER KEITH E 1 187.50 ORDER OF COURT ********.********.******************.*~***********************.***************** * Date Entries * ******************************************************************************** COMPLAINT - CIVIL ACTION-QUIET TITLE SHERIFF'S RETURN FILED (SHFF SERVED DEFT KEITH E PEIFER 5/24/94) SHFF'S COSTS $21.60 PD ATTY PRAECIPE FOR ~NTRY OF APPEARANCE FOR DEFENDANT HAROLD F MOWERY III BY RICHARD C SNELBAKER ESQUIRE PRAECIPE FOR ENTRY OF APpEARANCE FOR DEFENDANTS KEITH E PEIFER AND MOWERY-PEIFER ASSOCIATES BY SARAH M BRICKNELL ESQ ANSWER REPLY TO NEW MATTER PLAINTIFF'S REQUEST FOR ADMISSIONS AND ACCOMPANYING INTERROGATORY TO DEFENDANT MOTION FOR ADMISSIONS ORDER - IN RE MOTION FOR ADMISSIONS - GRANTED - BY JUDGE GEORGE E HOFFER - NOTICE MAILED 6/8/95 AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT PLAINTIFF COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION'S MOTION FOR SUMMARY JUDGMENT PRAECIPE FOR LISTING CASE FOR ARGUMENT BY ROBERT C SAIDIS ESQ PRAECIPE FOR WITHDRAWAL OF APPEARANCF. FOR KEITH E PEIFER AND MOWERY-PEIFER ASSOCIATES BY SARAH M BRICKNELL ESQ PETITION TO WITHDRAW NUNC PRO TUNC ORDER OF COURT - IN RE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND THE PETITION TO WITHDRAW NUNC PRO TUNC - RULE ISSUED RETURNABLE 8/7/95 1:30PM CTRM 3 - BY JUDGE J WESLEY OLER JR COPIES MAILED 7/6/95 ANSWER OF PLAINTIFF COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION WITH NEW MATTER TO PETITION TO WITHDRAW CERTIFICATE OF SERVICE PRAECIPE FOR LISTING CASE FOR ARGUMENT BY ROBERT C SAIDIS ESQ ORDER OF COURT - IN RE: REQUEST FOR ATTORNEY'S FEES PLAINTIFFS SHOULD BE AWARDED ATTORNEY'S FEES FOR UNCONSCIONABLE DELAY IN THIS MATTER CAUSED BY DEFENDANT KEITH E PEIFER BY THE COURT GEORGE E HOFFER J ORDER OF COURT - IN RE PETITION TO WITHDRAW REPRESENTATION - GRANTED - BY JUDGE GEORGE E HOFFER - COPIES MAILED 8/10/95 CERTIFICATE OF SERVICE PRAECIPE TO AMEND CAPTION TO INDICATE DEFENDANT IS KEITH E PEIFER T/A MOWERY-PEIFER ASSOCIATES AND REMOVAL OF HAROLD F MOWERY III AS A DEFENDANT BY ROBERT C SAIDIS ESO ******************************************************************************** * Escrow Information * * Fees & Debits Bea Ba1 pvmts/Adi End Ba1 * ..******.********.**.***********;******.*~.***.* ******************************* 05/19/94 06/01/94 06/13/94 06/30/94 07/13/94 08/12/94 06/02/95 06/02/95 06/08/95 06/12/95 06/12/95 06/12/95 06/14/95 07/05/95 07/06/95 07/21/95 08/08/95 08/09/95 08/10/95 08/10/95 09/25/95 10/11/95 35.00 35.00 .00 .50 .50 .00 5.00 5.00 .00 5.00 5.00 .00 ------------------------ ------------ 45.50 45.50 .00 ***.*********************.....****************.********************************* COMPLAINT TAX ON CMPLT SETTLEMENT JCP FEE PYS510 1994-02680 Cumberland County Civil Case COMPLAINT Prothonotary's Inquiry -QUIET TITLE OffJce Page 2 Filed......... 5/19/94 1:40 Superior Co Execution DatB Sat/Dis/Gntd. . Jury TriaL... * End of Case Information * ******************************************************************************** Judge Assigned: Judgment: HOFFER GEORGE E 1187.50 0/00/00 0/00/00 f'LAINTlF.F'8. ~' , ' 'EXHIBlT: ~ &hlll,f' ~, RECEIVED "'p 1\ " '.j: ~ -~" 199:J Martsolf 0 Bratton AnoRNEYS AND COUNSELORS AT LAw ....R. MAATSOL" BAUCR pr. BRATTON 2515 NORTH FRONT STREET P.O, Box 12106 HARRISBURG. PENNBYLVANIA 17108-2106 TIlLIICOPIIIR (717) 23:1-8781 TIIL.PHONe: (717) R:s0..4R41 VICTORIA 8. LBI! PILI! NO. 950031 July 28 r 1995 Robert C. Saidis, Esquire SAIDIS, GUIDO, SHUFF & MASLAND 26 West High Street Carlisle, PA 17013 Re: Colonial View Condominium v. Mowery Peifer ASBociates Dear Bob: According to my file, we did not enter an appearance on behalf of any party to the above-referenced litigation. We did assist in preparing and providing to you Mr. Peifer's Response to Requests for Admissions. We interposed no delaying objectionsr filed no additional discovery requests, nor undertook any other steps which did, could or would delay or interfere in this lawsuit. I am extremely curiousr thereforer on what basis you have advised Judges Hoffer and Oler that you intend to seek legal fees from our firm. Please advise and provide copies of your times lips from which your billing was generated. The copy of your letter directed to Judges Hoffer and Oler which was forwarded to me is undated. When was the letter sent? I noter too, that you continue the somewhat annoying practice of referring to my partner by other than his given name. His name is not F. Richard Martsolf. Please correct your records as I am sure you do not intend to offend my partner by co tinually calling him by a wrong name. BFB/ljt COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as repreBentative of all owners of unitB in the Colonial View Condominiumr Plaintiff :IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW HAROLD F. MOWERY, III and KEITH E. PEIFER, a Pennsylvania general partnership, t/a MOWERY- PEIFER ASSOCIATESr Defendant :NO. 94-2680 AND NOW r this 1 ~ day ORDER ofM , 1995, upon the Motion of Plaintiff's counsel, it is hereby ordered that the Defendant, Keith E. Peifer t/a Mowery Peifer ABsociates, admits all of Plaintiff's Requests for Admissions. J ~,~ -, '- c: :.: .::' " .1 -'," C1:) ',;:;..< 'l"' ".f";: '"', ;.~~~u . ~ t__~ :;;; ..,.t :...-..,I~-'I ~'.-, ..:....-; i':;.',r, 2:-:.-- ~.... ::s:: -~,.. -<~ c.o w w - c.c U"I COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all owners of units in the Colonial view Condominium, Plaintiff :IN THE COURT OF COMMON PLEAS . . : OF CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW HAROLD F. MOWERY, III and KEITH E. PEIFER, a Pennsylvania general partnership, t/a MOWERY- PEIFER ASSOCIATES, Defendant :NO. 94-2680 '-- ~ . . "oJ MOTION FOR ADMISSIONS - -.- /,-" 1'" (1) Plaintiff served on Defendant's counBel on Ma,rch 8,~1995, c.r.; by first class mail, a Request for AdmissionB and AccomPdnying Interrogatory. (2) Pursuant to the request of Defendant's counsel, Plaintiff agreed to an extension until Friday, May 12, 1995 for the Defendant to file an Answer. A copy of the letter confirming the same is attached hereto and marked Exhibit "A". (3) Pursuant to a telephone request from Defendant's counsel, Plaintiff's attorney agreed to an extension until Wednesday, May 17, 1995 to file an Answer. (4) Despite repeated telephone calls to Defendant's counsel, no Answer has been filed as of June 2r 1995. (5) Pa. R.C.P. S4014 provideB as follows: (b) Each matter of which an admission is requested shall be separately set forth. The matter is admitted unleBB within thirty (30) days after service of the requeBt or within Buch shorter or longer time as the Court may allow, the party to whom the request is directed serves upon the party requesting the admission and anBwer verified by the party or an objection, signed by the party or by his attorney; . . . (6) Defendant has been advised of Plaintiff's intent to file this Motion on May 31, 1995. (7) Defendant has not filed an Answer. WHEREFORE, Movant prays Your Honorable Court to enter an Order that the Defendant has admitted Plaintiff's request for Admissions. Respectfully submitted, r SHUFF & MASLAND CO~ONIA~.~T/5/31/95/K~~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND : ss I verify that the statements made in this Motion for AdmiBBions are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. ,....-- DATED: ()L.... l 1"1 <\ " / ./ By: Robe C. Saidis, Esq. Attorney for Plaintiff '!V iJ'; roO'.,..,,,. .. 'J .( Uti. I) Martsolf 0 Bratton ATTORNEYS AND CoUNSELORS AT u.w ~... MAAT80L" BAUC. ... BRATTON 2515 NORTH FRONT STREET P.O. Box 12106 HARRISBURG, PENNSYLVANIA 17108-2106 TeL.COPI... (717) 1I3:.J.0781 TBLIIPHONB (717) 238-41141 VICTOR'A e. LB. ..ILB NO. April 28, 1995 950031 VIA TELECOPY Robert C. Saidis, Esquire SAIDIS, GUIDO & MASLAND 2109 Market Street P. O. Box 737 Camp Hill, PA 17001 Re: Colonial View/Quiet Title Action Dear Bob: This will confirm our discussion of April 25, 1995 when I requested and you agreed to grant an extension within which to reBpond to your outstanding discovery in the nature of a Request for Admissions until the close of business on Friday, May 12, 1995. As I indicated to you, I have requested that my client obtain copies of all recorded documents referenced in your request in order that my client's response be accurate. Best regards. I FRM/ner cc: Mr. Robert Yentzer Mr. Keith E. Peifer Exhibit "A" , &2f:\wp5'\ulerl\kandl\colonlal.aff COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all PENNSYLVANIA ownerB of units in the Colonial View Condominium, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, v. CIVIL ACTION - LAW HAROLD F. MOWERYr III and KEITH E. PEIFER, a Pennsylvania general partnership, t/a MOWERY- PEIFER ASSOCIATES, Defendant :NO. 94-2680 AFFIDAVIT IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT Jerome J. Rivers, being duly sworn according to law, deposes and says that he is President of the Colonial View Condominium Unit Owners Association, and that based on his own personal knowledge the following statement is true and correct to the best of hiB knowledger information and belief: 1. The undersigned resides at 624 Colonial View Road-r which is a unit of the Colonial View Condominium. 2. The Colonial View Condominium Unit Owners Association acts as the representative of the Colonial View Unit Owners. 3. The Association is governed by an executive board composed of 7 members. 4. The Association has been under the control of the Unit Owners since June lr 1986, when at least seven (7) of the board members were elected by the Unit Owners. 5. The Association is not incorporated. 1 6. The last unit conveyed by the Declarant, which waB not held by the Declarant as a rental unit, was Unit No. 60 known as 659 Colonial Drive, which was conveyed February 26r 1987 by Deed recorded February 27, 1987 by the Declarant to David R. Fones and Elizabeth C. Aiellor which Deed is recorded in the Office of the Recorder of Deeds in Deed Book M, Volume 32, Page 1060. 7. Subsequent conveyances by the Declarant were of the following Units which had been held by the Declarant as rental units or models prior to the time of their conveyance: unit 1126 - 625 Colonial Drive March 6, 1987 Unit 1132 - 631 Colonial Drive April 25r 1989 Unit 1135 - 634 Colonial Drive May 2, 1989 Unit 1119 - 618 Colonial Drive August 18, 1989. 8. The Association has maintained the unconverted real estate, causing it to be insured and maintained since June of 1986. 9. The maintenance by the Association of the unconverted real estate includesr but is not limited tOr causing the grass thereon to be mowed, levelling the unconverted real estate and otherwise maintaining it in a presentable manner and consistent with the other common areas of the Condominium. 10. The Association has requested on various occasions from the Defendant's attorney the tax bills for the unconverted real estate. The Association has advised the Defendant's attorney of its willingness to pay the tax bills and that their payment by the Defendant was voluntary. 2 11. The Association has requeBted that the appropriate taxing authorities forward the tax bills to the Association as opposed to the Defendant. And further, the Affiant sayeth not. ~&r~t:: .t' /! ~ Je orne ~. ~ivers COMMONWEALTH OF PENNSYLVANIA: COUNTY OF C(j,f)?iJc^,l..~d : SS On this, the 7'f"- day of Sf/Iiii' , 1995r before me the undersigned officer, personally appeared Jerome J. Rivers, who acknowledged that he executed the foregoing instrument for the purposes therein contained. IN WITNESS WHEREOFr I have seal. hereunto ee} my h~OffiOi.' L;:ffU,df' ~fr----' Notary PubliC My Commission Expires. ~,~--, HOT,",,'L ~L~l I' "1'''0 I<ANl1t :.. lLNi~~1\. :,~rr. w n :';'~' CARUS\.f.IlIi\1()., CV,\r01!.A;;O CO::N;"( NV COMMISSION EXPIR~ FE6~U^nV 20. 1001 3 fl\wp51\ussrs\jo\tma\colonial.mot COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all owners of unitB in the Colonial View Condominium, Plaintiff :IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW HAROLD F. MOWERY, III and KEITH E. PEIFER, a Pennsylvania general partnership, t/a MOWERY- PEIFER ASSOCIATES, Defendant :NO. 94-2680 PLAINTIFF COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION'S MOTION FOR SUMMARY JUDGMENT Plaintiff, Colonial View Condominium Unit Owners Association, by its undersigned counsel, Saidis, Guido, Shuff & Masland, respectfully moves this Court, pursuant to Pa. R.C.P. No. 1035, for the entry of summary judgment in favor of Plaintiff for the relief requested in Plaintiff's complaint, on the grounds that: 1. The pleadings are closed and time exists within which to dispose of this motion without delaying trial. 2. The pleadings, admissions and affidavits filed of record show that there is no genuine issue of material fact to be tried. 3. Colonial View Condominium is a flexible Condominium within the meaning of the Uniform Condominium Act, 68 Pa. C.S.A. 53102 et. seq.. 4. The time limit for the option to create units, limited common elements or both within the convertible real estate of Colonial View Condominium has expired. 1 5. The Uniform Condominium Act defines common elementB aB all portions of a condominium other than units. 6. The Uniform Condominium Act defines condominium as follows: Real estate, portions of which are deBignated for the separate ownership and remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interest in the common elements are vested in the unit owners. 68 Pa. C.S.A. 53103. 7. Upon expiration of the time limit to convert common elements to units, the ownership of convertible real estate is vested in the unit owners. 8. The Plaintiff is entitled to judgment as a matter of law. WHEREFORE, Plaintiff respectfully requests that this Court enter summary judgment in favor of Plaintiff Colonial View Condominium Unit Owners Association and against Defendant Harold F. MowerYr III and Keith E. Peifer, a Pennsylvania general partnership, tla Mowery-Peifer Associates in accordance with the relief requested in Plaintiff's Complaint. Respectfully submittedr MASLAHD Dated: June 12, 1995 By // ',~ f/(, Ro~ert C. Saidisr Esquire Supreme Court 10 #21458 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff 2 COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all PENNSYLVANIA owners of units in the colonial View Condominium, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, . . v. CIVIL ACTION - LAW HAROLD F. MOWERY, III and KEITH E. PEIFER, a Pennsylvania general partnership, tla MOWERY- PEIFER ASSOCIATES, Defendant : :NO. 94-2680 CERTIFICATE OF SERVICE, I, Robert C. SaidiB, Esquire, certify that on June , 1995, I served a true and correct copy of the within plaintiff's Motion for summary Judgment and Plaintiff'B Affidavit in Support of Motion for Summary Judgment by depositing same in the United States mail, postage prepaid addressed as follows: SAIDlS, GUIDO, SHUFF & MASLAND 26 w. High 51=' Cnrlide, PA Bruce Bratton, Esq. 2515 North Front Street Harrisburgr PA 17108-2106 Richard Snelbaker, Esq. 44 West Main Street Mechanicsburgr PA 17055 Sarah M. Bricknell, Esq. BUCHANAN & INGERSOLL Varton parc 30 N. Th~r 8th Floor Harris~~<~~~'I~P~A 17101-2023 . .~ I . . / Robert C. saidiBr Esquire , Saidisr Guidor Shuff & MaBland 26 West High Street CarliBle, PA 17013 DATED: 6/12/95 1 ~, - :5 CD o >-.. ""... oCz t.u~J'" ~zoz M.-o(.)--.t u..:Q> o.....z-l ''::'-1,>- '"In. ...Ul ..~a=Z ;! ~.,ld2: ~. T .nl_J r-. .J.:n. '" 6e ~ - z ~ COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION as representotive of all owners of the units in the Colonial View Condominium, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS HAROLD F, MOWERY, III, and KEITH E, PEIFER, a general partnership, t/a Mowery Peifer Associates, Defendont 94-2680 CIVIL TERM CIVIL ACTION - LAW ORnER OF COURT AND NOW, August 7, 1995, 2:05 p.m" this being the time set for a hearing on the petition to withdraw representation filed by Sarah M, Bricknell, Esquire, on beholf of Buchanan Ingersoll Professional Corporation, the motion to withdraw is granted, Appearing on behalf of plointiff, Colonial View Condominium Association, is Robert C, Saidis, Esquire, who indicates he has no opposition to the withdrawal, Appearing in person was Defendant Keith E, Peifer, accompanied by James A, Miller, Esquire, who appeors for the limited purpose of these proceedings today, and no other; Mr. Peifer and Mr, Miller both indicate that they have no opposition to the Buchanan Ingersoll motion to withdraw, Mr, Saidis indicates that the Martsolf and Bratton law firm has been served with 0 copy of Judge Oler's " 94-2680 Civil Term Page 2 Order of July 5, 1995, in approximately the middle to the end of JulY 1995, and that the Martsolf Bratton law firm has filed no response to the petition to withdraw, By the Court, Robert C. Saidis, Esquire 26 West High Street Carlisle, Pa. 17013 For the Plaintiff James A. Miller, Esquire 122 Locust Street - Suite 100 Horrisburg, Pa, 17101 For Defendant Keith E, Peifer Sorah M, Bricknell, Esquire Buchanan Ingersoll 30 North Third Street Harrisburg, Pa, 17101 Martsolf & Bratton 2515 North Front Street Harrisburg, Po. 17110 :mtf ~ ~ S/Io/9!;,' ....g. f, '";:;;" It':: "~, = r w ;>..- ;;.~ .. ,~ .< :. u::> ..,., ... --- COLONIALVIEW CONDOMINIUM UNIT OWNERS ASSOCIATION as : Representative of all owners: of the units in the : Colonialview Condominiumr Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . v. : 94-2680 CIVIL TERM HAROLD F. MOWERY, IIIr and KEITH E. PEIFER, a general partnership, t/a Mowrey Peifer Associatesr Defendants . . . . . . CIVIL ACTION - LAW .~, " . ': " t' " '- c: .- en ORDER OF COURT l~':; "'T1 . 0 1'1 .s:: o -" ::.: ,. .' AND NOWr this 5th day of July, 1995, up~n - c...o <.r1 Judgment and consideration of the Plaintiff's Motion for summary of the Petition To Withdraw Nunc Pro Tunc filed by Buchanan Ingersoll Professional corporation, which petition was filed at the time of argument on the Plaintiff's Motion for Summary Judgmentr and it appearing that facts need to be developed with respect to the Petition To withdrawr it is ordered and directed that the plaintiff relist the Motion for summary Judgment for the argument court to be held on October 11, 1995r and a rule is hereby issued upon plaintiff, Defendants and the law firm of Martzoff & Brattonr to show cause why the relief requested in the Petition To Withdraw Nunc Pro Tunc filed by Buchanan Ingersoll Professional Corporation should not be granted. Rule returnable at a hearing to be held before the Honorable George E. Hoffer on Monday, August 7r 1995r at 1:30 p.m. in Courtroom Number 3, Cumberland county Courthouse, Carlisler Pennsylvania. . .. .....- It is noted that the Defendant, Keith E. Peifer, was present in Court at the time that this order was issued. By the Court, . J Robert C. Saidis, Esquire For Plaintiff Sarah M. Bricknell, Esquire For Defendant George E. Hoffer, J. Keith E. Peifer 1450 Main street Mechanicsburg, PA 17055 It ~:._ ~\. 'l1~lqs;. ,l, :f. COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all PENNSYLVANIA owners of units in the Colonial View Condominiumr Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, v. CIVIL ACTION - LAW HAROLD F. MOWERYr III and KEITH E. PEIFERr a pennsylvania general partnership, t/a MOWERY- PEIFER ASSOCIATES, Defendant NO. 94-2680 ANSWER OF PLAINTIFF COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION WITH NEW MATTER TO PETITION TO WITHDRAW 1. Denied. On the contrarYr Mr. Solomon undertook to represent Defendant, Keith E. Peifer on or about May of 1994. 2. Admitted. And in further answer, Sarah M. Bricknell, Esquire, entered her appearance on June 30, 1994r a copy of the Praecipe signed by Ms. Bricknell is attached hereto, made a part hereof and marked Exhibit "A". 3. After reasonable investigation, the Plaintiff is without knowledge or information sufficient to form a belief aB to the truth of the averment and proof thereof is demanded at the time of hearing. As to the averment that Ms. Bricknell has no further involvement in this matterr the averment is specifically denied as Robert C. Saidisr Esquirer counsel for the Plaintiff, contacted her by voice mail on June 12, 1995 to advise her that Argument Court was scheduled for July 5r 1995 and she was the attorney of record. 4. Admitted. 5. Plaintiff is uncertain as to who made the call but there was communication on June 13, 1995 advising Ms. Bricknell that she was the counsel of record. 6. Admitted. Howeverr by way of further answer, the Court Administrator advised Ms. Bricknell of the requirements of Pa. R.C.P. 1012(b) which provides in part as follows: An attorney's appearance for a party may not be withdrawn without leave of court unless another attorney has entered or simultaneously enters an appearance for the party and the change of attorneys doeB not delay any stage of the litigation. 7. Denied. After reasonable investigation, Plaintiff iB without knowledge or information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at the time of hearing. 6. Admitted. 9. Denied. After reasonable inveBtigation, plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at the time of hearing. 10. Denied. After reasonable investigation, plaintiff is without knowledge or information sufficient to form a belief as to the truth of the averment and proof thereof is demanded at the time of hearing. 11. Denied. After reasonable investigationr plaintiff iB without knowledge or information sufficient to form a belief as to the truth of the averment and proof thereof iB demanded at the time of hearing. 12. The averments of paragraph 12 are true and correct to .. , . . the best of Plaintiff's counsel information and belief. In addition, Martsolf & Bratton had the following contact with Plaintiff's counsel: (A) April 28, 1995, Attorney Martsolf requested and was granted an Extension "within which to respond to your outstanding discovery in the nature of a request for admissions until the close of business on Fr~day, May 12, 1995." His letter also refers to Mr. Peifer aB "my client". (B) On May 17, 1995, Attorney Bratton faxed to counsel for the Plaintiff a propoBed draft of the ReBponse of Keith E. Peifer to the Request for AdmiBsions. A copy of the cover letter is attached hereto, made a part hereof and marked Exhibit "B". (C) On May 31, 1995, counsel for the Plaintiff once again advised Attorney Bratton that he had not entered his appearance, a copy of the letter dated May 31, 1995 iB attached heretor made a part hereof and marked Exhibit "COO. (D) On June 2, 1995r Attorney Bratton forwarded to counsel for the Plaintiff, a copy of the Response of Defendant Keith E. Peifer to the Request for Admissionr a copy of which is attached hereto, made a part hereof and marked Exhibit "D". (E) Attorney Bratton never entered his appearance or filed the Response of the Defendant to the Request for Admissions. (F) On June 12, 1995, Attorney Bratton faxed a copy of the letter dated June 12r 1995 proposing an overall Bettlement of the case. The correspondence of June 12, 1995 includes the following statement: This proposal is made without prejudice to any legal position with respect to any currently pending litigation, and it shall be deemed to be neither admissible for any . purpose nor an admisBion of liability in any such litigation. It further provided as follows: . . . If Bettlement is not to be reached, pleaBe contact me so that we may coordinate the discovery that may be required from the DefendantB' side. (G) On June 12, 1995, counsel for the plaintiff advised both Attorney Bratton and Attorney Bricknell that Mr. Bratton had not yet entered an appearance nor had Buchanan Ingersoll withdrawn its appearance. A copy of said letter is attached heretor made a part hereof and marked Exhibit "E". 13. Denied. On the contrary, Ms. Bricknell aSBisted in filing the Complaint. All pleadings and affidavits were available for inspection and copying at the Cumberland County Court House and she is the attorney of record. The only matter before the Court was a Motion for summary Judgment based on the matters of record. 14. Denied. The averments of paragraph 14 state conclusions of law and no answer is required. NEW MATTER 15. The Rules of Court of the Ninth Judicial District - Cumberland County provide at Rule 210-13: All agreements for continuance and/or withdrawals shall be communicated the Court Administratorr in writing, no later than Beven (7) daYB prior to Argument Court. 16. Pa. R.C.P. 1012(b) as cited herein above requires leave of court to withdrawal. 17. 42. PA. C.S.A. S2503 - Right of Participants to Receive Coun..l r.es - provides in part as follows: The following participants shall be entitled to a reaBonable counsel fee as part of the taxable costs of the matter: . (6) (7) (9) . . Any participant who is awarded counsel fees as a sanction against another participant for violation of any general rule which expressly prescribes the award of counsel fees as a sanction for dilatory, obdurate or vexatious conduct during the pendency of any matter. Any participant who is awarded counsel fees as a sanction against another participant for dilatory, obdurate or vexatious conduct during the pendency of a matter. Any participant who is awarded counsel fees becauBe the conduct of another party in commencing the matter or otherwise was arbitrarYr vexatious or in bad faith 18. By reaBon of the irreBponBible conduct of BIPC and Martsolf & Brattonr the Plaintiff has incurred legal fees which are not a duplication of services and which will not aid the Plaintiff in furtherance of its cause of action in the amount of One Thousand Five Hundred Sixty-two and 50/100 ($1,562.50). A copy of an itemized bill as to the Bervices which have been incurred iB attached hereto, made a part hereof and marked Exhibit "F". 19. The Rules of Professional Conduct require the following: (A) Rule 1.2(c) - A lawyer may limit the objectives of the representation if a client conBents after full diBclosure of the circumstances and consultation. (B) Rule 1.16(b) - Except as stated in paragraph (C)r a lawyer may withdraw from representing a client if withdrawal can be accomplished without material adverse effect on the interest of the client, . . . (C) Rule 1.16(c) - When ordered to do so by a tribunalr a lawyer shall continue representation notwithstanding good caUBe for terminating the representation. '~-'H:" "''' "'1."'" COLONIAL VIEW CONDOJIINIUM ) UNIT OWNERS ASSOCIATION ) as representative of all ) owners of unites in the ) colonial view conc2Ol11iniWll, ) ) ) ) ) ) ) ) ) ) ) ) ) ) Plaintiff, vs. HAROLD F. MOWDY, UI, AND KEITH E. PEIFD, a Pennsylvania Gen~~.~_ , Partner-sb.ipr~.a ~-. PEIFER ASSOCIATES, Defendants. TO ( . 2436486 P.02 ,..--., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. : 94-26S0 civil Term .:\.:: '- ..:. Ie .....' '''.O'C:O'-. -,-:-' -, ":-- ~ ~'.' ~J w ... ... s: OJ! .." .: .~~:-:- - ,........, ::~:'.~- -- -c' ~ . c.oCJ ... DllW!:l:PB POR EN'l'RY OF APPBARJ\NCE Kindly enter the appearance of BUCHANAN INGERSOLL PROFESSIONAL CORPORATION as counsel for defendant Keith E. Peifer, trading as Mowery-Peifer , in the above-captioned matter. -:. -- DATED: June 30, 1994 1ttLe~~~ Kichael L. solon Pennsylvania Attorney I.D. #36031 s~~ Pennsylvania Attorney I.p. #64839 Buchanan Ingersoll Professional corporation Vartan parc 30 N. 3rd street, 8th Fl. Harrisburg, PA 17101 (717) 237-4800 EXIIIBIT "II" ,/ :/ "j:- . .., "'''-':&'''' _1'" ::'/:":~~ .i-:!i ,> ,. I -t:....J.,J-,J' ':'! I'tit< I::;,u..r 60 ~r<H I IU-' 4~ "1::U .n ('" Martsolf 8 Bratton AnOIINlYS AND COUNseLOflS ... L.,t.w ;25111 No~ FRONT 8T1'lIlIlT P.O. BoX 12100 HAAAIDDUMG, PeNNSYLVANIA 17108-2100 T.L.tHO.... (7'?') ....Z.1 'fC...ct:c~I.'" 1'1" 71 .....?II, ~ILt NO ~... MA"1"COL" .""08 ~. .....crTON VtC"l"OPlJA e. ~I! Hay 17, 1995 95003~ VIA TELECOPY Robert C. Saidis, Esquire SAIDIS, GUIDO & MASLAND 2109 Market Street P. O. Box 737 Camp Hill, FA 17001 Re: Colonial View Condominium Unit Owners Association v. Mowery-peifer Associates , Dear Bob: I I J I am faxing to you herewith the DroDosed draft of the Responqe of Keith peifer, sole remaining partner of Mowery-Peifer AssociatQs to the Request for Admissions and Accompanying Interrogatory. II tried to call you earlier today to discuss this matter with you as I have not yet obtained the review of these responses with Mr. Peiffer. please call me to discuss this matter further. j I do appreciate your eou~tesy in extending the time for o~r response. Best regards. BFB/ner Enclosure cel Mr. Keith E. Peifer (w/enc.) Exhibit "B" " lohn B, Slike Robert e, Saldi. BcIward B, Guido Geoffrey S, Shuff Albert H, Malland lohnna I, Deily Timothy M, Ansllne __ Law Offices -- . SAlOIS, GUIDO, SHUFF & MASLAND A PROFESSIONAL CORPORATION 26 West High Slreet . Post Office Box S60 Carlisle, PeDDS)'lvaola 17013 Telephone: (717) 243.6222 . Facsimile: (717) 243.6486 west Sbore omce: 2109 Morkel Sucel Camp Hili, PA 17011 Telephone: (717) 737.340S fac.imlle: (717) 737.3407 Reply 1'0 C8rIIsIe May 31, 1995 VIA FACSIMILE Bruce Bratton, Esq. 2515 North Front street Harrisburg, PA 17110 Re: Colonial View v. Mowery/Peifer Dear Bruce: You are not making any friends. You have not entered an appearance in this lawsuit nor have you filed your Answer to our Request for Admissions. I am faxing herewith the Motion and Order I intend to file on Friday unless I hear from you otherwise. FinallYr despite your assurances and that of Mike Solomon, no one has taken any action regarding the quit-claim deed. Please advise immediately. very truly yours, SAIDIS, GUIDOr SHUFF & MASLAND Robert C. Saidis RCS/kll cc: Frank Lahnstein Exhibit "e" - RECEIVED JUN - 5 1995 . Martsolf 0 Bratton AnoRNEY8 AND COUNSELORS AT LAw 2515 NORTH FRONT STREET P.O, Box 12106 HARRISBURG. PENNSYLVANIA 17108-2106 TIILBPHONI! (7' 7) 83e-4a..., ".R. MAAT80...'" BAUCI! .... BRATTON TIILI!ICOPIIIA (717) a:lSo1l71l't VIOTORIA B. LeB "'II..IIND. VIA TELECOPIER June 2, 1995 Robert C. Saidis, Esquire SAIDIS, GUIDOr SHUFF & MASLAND 26 West High Street Carlisle, PA 17013 Re: Colonial View Dear Bob: For one who does not fax thingsr you done good. I am enclosing the response of Defendant Keith E. Peifer to the Request for Admissions we had spoken about some time ago. I am sorry I forgot to send you the copy of the agreement of July 31, 1986 by which Mr. Mowery withdrew and resigned as a partner in Mowery-Peifer Associates. This is a copy of the only original of that agreement I could locate. Mr. Peifer and Mr. Yentzer's schedule and mine have simply been in conflict, but I hope that they will authorize a proposal to be made to you within the next few days. BFB/ljt Enclosures cc: Keith E. Peifer Robert Yentzer Exhibit "0"-1 '. . . COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all PENNSYLVANIA owners of unitB : in the Colonial View Condominium, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2680 Plaintiff v. . . HAROLD F. MOWERY, III and: KEITH E. PEIFERr a Pennsylvania general partnership, t/a MOWERY- PEIFER ASSOCIATES, Defendant . . . . DEFENDANT KEITH E. PEIFER'S RESPONSE TO PLAINTIFF'S REOUEST FOR ADMISSIONS AND ACCOMPANYING INTERROGATORY Defendant Keith E. Peifer, sole remaining partner of Mowery- Peifer Associates, Defendant in the above-caption matter, hBreby responds to Plaintiff's Request for Admissions and Accompanying Interrogatory to Defendant. All admissions hereby made are with regard to the specific items or facts requested, and such admisBion is not intended to nor Bhall be deemed to waive, but, instead, iB intended to and shall preserve, Defendant's right to object to the admissibility of any such item or fact in this or any subsequent proceeding on the basis of relevance, competence, materiality or on any other legitimate evidentiary basis. Defendant's admisBion of the genuineness or authenticity of a document is not intended. to and shall not be deemed to be an admission that the contents of such document are true or correct or otherwise admiBsible in evidence. Exhibit "0"-2 '. ,.", { . VERIFICATION I, Keith E. Peifer, state that I am thB sole remaining partner of Mowery-peifer Associatesr a PennBy1vania general partnership, Defendant herein, that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing Response are true upon my personal knowledge, information and belief. I underBtand that my statements are made subject to 18 Pa. c. S. Section 4904 providing for criminal penalties for unBworn fa1Bification to authorities. Date 5 hi /Is' t " . '" Law Offices ",.. ' ~AIDIS, GUIDO, SHUFF & Mh.JLAND A PROFUSIONAL CORPORATION 26 Wesl High Street. PoSI Office Box 560 Carlisle, Pennsylvania 17013 Telephone: (717) 243.6222' Facsimile: (717) 243-6486 2109 MarketS"..t Camp Hili, PA 17011 Telephone: (717) 737.3405 Facsimile: (117) 737.3407 West Sbore Omce: lohn B, Slike Raben C, Saldis Edward B, Guido Geoffrey S, Shuff Alben II, Masland lohMal, Deily nmothy M, Anstine June 12r 1995 Reply To Carllsle Bruce Bratton, Esq. 2515 North Front Street HarriBburg, PA 17108-2106 Sarah M. Brickne1l, Esq. BUCHANAN & INGERSOLL Vartan parc 30 N. Third St'r 8th Floor Harrisburgr PA 17101-2023 Re: Colonial View Richard Snelbakerr Esq. 44 West Main Street Mechanicsburg, PA 17055 Dear Messrs. Brattonr Snelbaker and Ms. Bricknell: Enclosed please find for service upon you a copy of the Plaintiff's Motion for Summary Judgment and its Affidavit in support of its Motion. I am alBo forwarding herewith a Praecipe liBting this matter for Argument Court which is scheduled for July 5r 1995. Mr. Bratton has not yet entered an appearance nor has Buchanan & Ingersoll withdrawn its appearance. A check of the Court House records on June 7, 1995 also indicate that your (Bratton's) Response to Request for Admissions has not been filed. The last matter that needs to be taken care of is the resolution of Mr. Mowery's interest in the partnership which I previously suggested be handled by recording the July 31r 1986 Agreement. In any event, if you have any questions, please do not hesitate to contact me. Very truly yours, & MASLAND Saidis RCS/kll Enclosures l ( I/\IM-ll Exhibit "E" . lDhn B, SlIke Robert C, Saidls Edward B. Guido Geoffrey S, Shuff Albert H, Masland lohnnal. Deily l1mDthy M, Anstine SCOlt 0, Moore Law Offices SAlOIS, GUIDO, SHUFF & MAS LAND It. PROFESSIONAL CORPORATION 26 West High Street. Post Office Box 560 Carlisle, Pennsylvania 17013 Telephone: (717) 243.6222 . Facsimile: (717) 243.6486 West Shore 0IDa!: 2109 Markel Stm:t Camp Hili. PA 17011 Telephone: (717) 737.3405 Pacslmile: (717) 737.3407 Reply To Carlisle COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all PENNSYLVANIA owners of units in the Colonial View Condominium, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, v. CIVIL ACTION - LAW HAROLD F. MOWERY, III and KEITH E. PEIFERr a Pennsylvania general partnership, t/a MOWERY- PEIFER ASSOCIATESr Defendant NO. 94-2680 Attorney fees incurred by reason of failure to proceed at Ar9_nt Court on July 5, 1995. DAft PROFESSIONAL SERVICES RENDERED HOURS July 3, 1995 Preparation for Argument Court; ~ Telephone conference with attorney July 3r 1995 Research and prepare for Argument Court 2.00 July 5r 1995 Prepare and attend Argument Court, including research; Draft Order and related matters; Draft memorandum to ~()~/ '2 file July llr 1995 Review Court Order; Letter to client 0.30 July 17, 1995 Research attorney fees; Telephone conference with client 0.70 July 19, 1995 Redraft letter to Judge Hoffer and Judge Oler; Redraft and research Answer 1.00 EXHIBIT "F" . COLONIAL VIEW CONDOMINIUM File No.: 91-419 July 19, 1995 Final draft Answer and prepare bill 0.50 July 21, 1995 File and serve Answer and letter to client 0.40 August 7, 1995 Estimated time to prepare for hearing and Hearing on Rule 2.00 August 7, 1995 Estimated time to relist for October Argument Court 0.30 Total: 12.50 hours @ $125.00 $1,562.50 Ul .0: ~ ..:I P< Z o ~ o ~~ U>t.o: E-<..:I ~E51 o E-<UZ P: 00 ::>0 HCXl Oz E-<'" U.o:UN ",..:1.0: I - P: .... ::c~ ..:10'1 E-<IllH :E:>- Z::> HO HU UZ ~ en :r-: -~ ", .... .. ::::;..' 1,.:..'. " ,-., ~ .. t; . " - ...... -, ':;:., --. e .... s::: 1II.... 4.Ie .... 0 :E: s:::'tl ::>..-l::S s::: HZ.-l 0.... ZOIll'l-lU'l-I HH 0 .... :E:E-<'l-I :J4.I 0.0:0 1II1l1s::: OH 1-<........ ZUlli Ill> III 00> s::: .-l UUl.... :J.-l p< Ul4.1 0 III ~.o:1ll .... ~ 4.1.0: s::: HUl s::: H 0 >P:1lI Z.-l ~lII.o: 0 ..:IZIlI>U .o:~I-<..:I HO o.>t III Z IlIUl'c OE-<I-<Z4.I ..:IH Z OZlII~ s::: U::>1ll P<.... - . 'tl s::: I III >t H C3 4.1 H .-l~ s::: H 1110 III III I-<:E: ~'E .. cu en'" >t ~ I: III ~ III P: P: 1lI- E-< 'l-I _~~ 0'\4.1.0: III 1II~r.. HO >OHI1I~U :E: ~.... 0. 0 P< s:::.... Ul _ Ill'c Ul r.. - > 1II .0: ~.-ll-< o :>'1lI P: ..:I::C 1IIS::: ~ OE-< S:::4.1 r.. P:HS:::I-<H .o:~IlIIll~ ::c:><:P<0.P< ~ ~ ::>~O ~::c :l:ZE-< ::l H H:Z:~ ZE-<O HH :E:~E-< r..0 r..C Z Z HZ 0 0 E-<O H H ZU E-< E-< H - H .o:~ H E-< ..:I~ U ~ P<H 0 P< >Ul r.. Ul 0 O..:l.o:E-< .0: P:H Ul P:: ~Z P:: ~ ~O~E-< ..:IZE-< 8~~ ~ Z < 0-1 ... rn !ii~a lfi ~S\:l<~ S! taiJ~!ii~~ t:: OO:CllJ t::' o ~IllOc.;:: ~-O:C5;;; :s R~~!!l5 ...., ~...I:c r.ij ~"" _ u ~ - < rn . .. .. -. COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all owners of units in the Colonial View Condominium, plaintiff v. KEITH E. PEIFERr t/a MOWERY-PEIFER ASSOCIATES, Defendant """ NOW thi'~~ 0' ordered and directed as follows: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2680 CIVIL TERM , 1996, it is (A) The Defendant'9 r~ght to convert convertible real estate within the Colonial View Condominium which was created by Declaration Creating and Establishing Colonial View Condominium recorded May 24, 1984 in the Office of the Recorder of Deeds in and for CUmberland County in Miscellaneous Book 295r Page 721 lapsed on May 24, 1987. (B) All land within che Colonial View Condominium that was not converted into units on or before May 24, 1967 constitutes common elements in which the unit owners of Colonial View Condominium.own an undivided interest. (C) The legal description of the land affected by this Order is as follows: SAIDIS, GUIDO, SHUFF & MASLAND 26 W, Hish 5...., Carlisle. PA ALL THAT CERTAIN tract of land situate in Upper Allen Township, CUmberland County, Pennsylvania, being more fully bounded, limited and described as follows, to witl BEGINNING at an iron pin on the northern side of the dedicated right of way line of West Lisburn Road, a/k/a L.R. 21013 and lands of Lawrence Riderr said iron pin being located thirty (30) feet from the centerline of West Lisburn Road, a/k/a L.R. 21013; thence along the dedicated right of way line being on the northern side of West Lisburn Road, a/k/a 21013 South eighty (60) degrees zero (00) minutes West three hundred thirty-six and fourteen hundredths (336.14) feet to an iron pin at the intersection of the dedicated right of way line of West Lisburn Road; a/k/a L.R. 21013 and the dedicated right of way line of Mill Road, said iron pin being to the North of said intersection; thence along the dedicated right of way line of Mill Road North forty-two (42) degrees thirty- four (34) minutes fifty (50) seconds West seven hundred thirty-four and six hundredths (734.06) feet to an iron pin at lands of Lawrence Rider; thence along the last mentioned lands the following courses and distances: North eighty-nine (69) degrees six (6) minutes ten (10) seconds East Eight Hundred Eight and four hundredths (806.04) feet to an iron pin; thence South six (6) degrees fifty-five (55) minutes East Five hundred twenty-seven and eighty-two hundredths (527.62) feet to an iron pin on the northern side of the dedicated right of way line of West Lisburn Roadr a/k/a L.R.21013 and the place of BEGINNING. CONTAINING 7.507 acres total, and 0.757 acres right of way. BEING all of the property which Harold F. Mowery III and Keith E. Peifer trading as Mowery-Peifer Associates submitted to Colonial View Condominium by its Declaration Creating and Establishing Colonial View Condominium dated May 24, 1984 and recorded in the Office of the Recorder of Deeds in and for CUmberland County in Miscellaneous Book 295, Page 721. AND FURTHER being the same property for which Harold F. Mowery, III and Keith E. Peifer entered into an agreement dated July 31r 1966 recorded July 6, 1995 in Miscellaneous Book 499, Page 431, whereby Harold F. Mowery, III resigned as a partner and Keith E. Peifer purchased Mowery's share of the partnership known as Mowery-Peifer Associates. (D) The Defendant is barred form asserting any rightr SAIDIS. GUIDO. SHUFF & MASLAND 26 W, Hllh Slrecl Carllsle.PA title or interest in any portion of the Colonial View Condominium, and the Recorder of Deeds is directed to index this Order against the Defendant as Grantor and to the Plaintiff as Grantee and this Order shall be noted on the margin of the record of the Deed dated August 8, 1963 from Ashcombe Products Company to Harold F. Mowery, III and Keith E. Peifer, trading as SAlOIS, GUIDO, SHUFF & MASLAND 16 W. HI&h Stree, Carlbl.. PA Mowery-Peifer Associates, which Deed is recorded in Deed Book I, Volume 30, Page 650 and further on the margin of the Declaration Creating and Establishing Colonial View Condominium recorded in Miscellaneous Book 295 at Page 721. BY THE COURT, L r ... . , ) "j , "'1 , I ,~ J ") .", --.. " ,-. " n .. , \.0 ) -, COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all owners of units in the Colonial View Condominium, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-2680 CIVIL TERM v. KEITH E. PEIFER, t/a MOWERY-PEIFER ASSOCIATESr Defendant PBTITION TO MAKB RULB ABSOLUTE AND NOWr comes the Plaintiffr Colonial View Condominium Unit Owners Association and petitions Your Honorable Court as follows: (1) Petitioner filed a Petition for a Rule to Show Cause why an Order should not be entered pursuant to Pa. R.C.P. 1066. (2) Your Honorable Court entered a Rule on February 26, 1996 upon the Defendant to show causer if any he hasr why the Order attached should not be entered. (3) Said Rule was returnable twenty (20) days after service. Service was to be made on the Defendant by first class mail. (4) A Certificate of Service was filed a copy of which is attached hereto and made a part hereof and marked Exhibit "A". Service was made on Defendant February 27r 1996. (5) Twenty (20) days have expired and the Defendant has not answered. (6) petitioner has se~~ed this petition on the Defendant. A copy of the Certificate of Service is attached hereto as Exhibit SAIDIS, GUIDO, SHUFF & MASLAND 16 W. Hi&h 5....' Carlisle, PA liB" . WHEREFORE, Petitioner prays Your Honorable Court to enter the Order attached hereto. ly submitted, / ( dis, Esq. Petitioner COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all owners of units in the Colonial View Condominiumr Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. KEITH E. PEIFER, t/a MOWERY-PEIFER ASSOCIATES, Defendant CIVIL ACTION - LAW NO. 94-2680 ..:.;.... .;::;i. CERTIFICATE OF SERVICE I, Kandi L. Lenker, certify that on kI.iAW:;'d :JZ 19f~ I served a true and correct copy of the Petition to the following person by depositing same in the United States mail, postage prepaid addressed as follows I Keith E. Peifer 1450 Main Street Mechanicsburg, PA 17055 DATED: oiP7,h~ ~~.~ Ka i:i L. Le~r Saidis, Gui 0, Shuff & Masland 26 West High Street Carlisler PA 17013 150-151 - 0 t661 , OdD 6861 '''W . L18t WJo,j Sd SSOLt ed '6~qsOTueqo~ ~aiU~S lITtlW OS!7t .....U':f ~'='d. l.f-+ ~O')f ""'W "I fl. ,,, :01 P....,PP. 'f' ., w .....UfPlo '0 '~'rd "'0 ~.l:(U 09S X09 'O'd "J.S HUIH In ~Z aNY'1rnV " .i:UlHS 'OW/)l) 'SKIM o o :WOI:f PI"I';)'" JON S30,O "I't'W ''''NOU'''N~:t~~:~t~~~No'''l4nSNI''O~ 30'^OYd a lIO:l alsn 39 Am :> 3:>'^.3 'o'.L d Exhibit "A" II COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATION, as representative of all owners of units in the Colonial View Condominium, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY r PENNSYLVANIA v. KEITH E. PEIFERr t/a MOWERY-PEIFER ASSOCIATES, Defendant CIVIL ACTION - LAW NO. 94-2680 CERTIFICATE OF SERVICE I, Renee L. Murray, certify that on March 26, 1996, I served a true and correct copy of the petition to Make Rule Absolute to the following person by depositing same in the Unit d States mail, postage prepaid addressed as follows: Keith E. Peifer 1450 Main Street Mechanicsburg, PA I' DATED: 2It~!~~ SAIDIS, GUIDO, SHUFF & MASLAND 26 W, Hllh S"Oc:l CarlI.le, PA ,<1- .., " ~ ......... .... ,>. r- . ri I ~ " - " _. .. , .' l'l lU( ; - .:.j~~ q' ,/ r"" ....: ..):'j' '. ' ~:j ("jl r.:l 1''''' .,) t J. ~ . ," ~- ,.. t.... ; . "J ,':J.. ", '. :1 , q c" '.) t H tIl< <> fil...:l ...:l>t Potll Z ZZ ~ Ofil I>: ~Po ~ o ~:3: U>t<...:l E-<...:lH ~Z > OOIH o U E-<UZ I>: 00 OClHCO OZE-<\D U<UN ...:l<1 fill>: .... :Cfil...:lO> E-<IIlH ~> . ZOHO HUUZ CU s:: ) o ~ o ...r-tM HZ..-l11l ZOI1l'l'l HH s:: :e: E-<.... 0 .... O<O..-l .... CI H 0 'I'l ZUCUU~.aJ 00> es:: U tIl ...t CU ::l ...t tIl.aJ.l::'..t III :3:< 11l.aJ S::..-l fil .aJ ...t Po HtIls::s::e > I>: cu...t 0 fil Ul 'tl ...:lZCUUlS:: <:3:....aJ 0 H 0 Po...t U Z CU s:: OE-<...::I) ...:lH CU o z Ul.......t UOI1l0> ~ Q Z -< ..;l ,., ~ tiig::l ~ ~:zl~<~ U ..."'I-Z'" G: _)(VlZ~ t1. Ooxw.... o Q~9c...c ~ _ox~w :s ~~;i!!l~ 'wi ",..lx .. Mcr:::c.. ~ 6 Q - -< rIJ tIl fil E-< < I1lH.aJ .....us:: .aJ011l tIl'tl ~tIl s:: ll:<CU fil .... ~I>:CU .H~C >fil~ PoH fil 'Po fill >t :Cl>: E-<fil H:3: filO :'::0: fil ...:l o I>: fil :':fil ;!~ ...:l 00 E-<tIl III z< o H E-< H E-< fil Po t. . COLONIAL VIEW CONDOMINIUM UNIT OWNERS ASSOCIATIONr as representative of all owners of units in the Colonial View Condominium, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY r PENNSYLVANIA v. KEITH E. PEIFER, t/a MOWERY-PEIFER ASSOCIATES, Defendant CIVIL ACTION - LAW NO. 94-2680 CERTIFICATE OF SERVICE Ir Kandi L. Lenker, certify that on i7;I'>AIJI''(J .:J~ /9~t:. I served a true and correct copy of the Petition to the following person by depositing same in the United States mail, postage prepaid addressed as follows: Keith E. Peifer 1450 Main Street Mechanicsburg, PA 17055 DATED: cip 7,he. ~ Kana L. Len r Saidis, Gui 0, Shuff & Masland 26 West High Street Carlisle, PA 17013 ".. , . .-----~---.-._-.__. ----'--7 ..,~..~ .......~-...~ -~.... . .< TA I MAY BE USED FOR DOMEsnc AND INTERNA nOHAL MAIL. DOES NOT PROVIDE FOR INSURANCE-POSTMASTER SAIDIS, GUIDO, SHUFF & MASLAND 26 W. Ui&h SlftCl Carlisle. PA Roc:olvtld From: SHUFf' " MA5L'ND SAlOIS. otJIDO. . 26 W WIG" sr. I P.O. BOX 560 CAftl,I5LE. PA 17013 17) 243-6222 ~ ,.... -, \ \ Mr l(~;..h PA;f'I=IIT 1450 Main Street r~ '''' <. " ..'" . . "f;T7 .~(. ;;,t::) ~7;Ln ~"Ln ',."' '. One pieCl 01 ordln8ry m.ll .ddr....d 10: Mechanicsburg, Pa 17055 PS Form 3617, Mar, 1969 CPO : 1993 0 - 151-051