IN THE HOPE THAT THIS MAY HELP SOMEONE ELSE, THE STORY OF MY NEIGHBORS LAWSUIT. THINGS I LEARNED, STARTING AT THE END- THE BEST PART.

Wednesday, August 31, 2011

BATTLE PLANS

   WE HAD AN APPOINTMENT THE NEXT DAY WITH SHIRE LAW FIRM  IN MONESSEN PA.  I HAD PREVIOUSLY GONE TO THE WESTMORELAND COUNTY COURTHOUSE IN GREENSBURG PA. FOR MAPS AND WITH MY SURVEY MAP,  I WAS ABLE TO SHOW MR. SHIRE THE SITUATION.  ARLENE AND I WERE GIVEN AN OPTION, WE COULD CHANGE OUR DRIVEWAY, MAKE A SHARP LEFT, THEN A SHARP RIGHT.  WE DECIDED, NO, THAT'S NOT THE WAY THE DRIVEWAY WAS AND WITH THE WAY THE GROUND SLOPES THAT COULDN'T WORK VERY WELL.  MR. SHIRE SAID HE WOULD FILE OBJECTIONS TO HAVE THE SUIT DISMISSED AND IF THEY REFILE WE WILL COUNTERCLAIM THEIR ENCROACHMENTS. WE TALKED ABOUT THE WORSE CASE SCENARIO.......6 INCHES.  I TOLD MR. SHIRE THAT I CONTACTED THE ASPHALT CONTRACTOR AND HE WAS COMING OVER MY HOUSE.  THAT I CALLED THE SURVEYOR AND HE SAID HE WILL BE COMING OVER TO LAY-OUT THE GARAGE ROOF OVERHANG ENCROACHMENT. MR. SHIRE SAID WHAT ARLENE AND I HAD WAS A " PRESCRIPTIVE EASEMENT ".  HE SAID THEIR LAWSUIT SAYS NOTHING.  WE LEFT THAT MEETING FEELING HOPEFUL AND IT SEEMED WE COULD COUNTER ATTACK.  BUT, I ALSO FELT IGNORANT, ....THIS IS NOT GOING TO WORK,...." PRESCRIPTIVE EASEMENT" WHAT'S THAT?  THERE'S NO EASEMENT MENTIONED IN OUR DEED.  THIS WAS A LAWSUIT FILLED AGAINST US.  AND I DIDN'T LIKE NOT KNOWING .  IT WAS NOW TIME TO LEARN SOME LAW AND NEIGHBOR LAW SPECIFICALLY.  I HAD THE WHOLE SUMMER OFF WORK AND I WAS GOING TO DO EVERYTHING I COULD TO NOT ONLY SAVE US MONEY, BUT ALSO WIN THE GAME!  
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CHAMPIONS ALL








DAMN, THOSE WERE THE DAYS

   IMAGINE BEING BORN IN 1957 AND GROWING UP IN THE 60'S.  AMERICA AND HER KIDS STILL DREAMED; MERCURY, GEMINI, APOLLO AND THE MOON.  GROWING UP IN ELIZABETH TWP. AT THAT TIME WAS THE BEST.  MANY NEW HOMES WERE BUILT, SO THERE WERE MANY OTHER KIDS TO PLAY WITH, AND PLAY WE DID.
   MY DAD WAS EMPLOYED BY WESTINGHOUSE AT BETTIS ATOMIC POWER LAB., WHICH WESTINGHOUSE RAN FOR THE DOE TO DO ATOMIC RESEARCH AND DEVELOPMENT. I STILL REMEMBER HIM BRINGING HOME " OPTICAL ILLUSIONS " TO SHOW MY BROTHER AND ME.  LOOKING BACK NOW, HOW IRONIC THAT WAS.  ALSO, HOW MUCH AN AIRPLANE HAD TO DO WITH THE OUTCOME OF THIS LAWSUIT.  MY BROTHER AND I GOT TO GO FOR AN AIRPLANE RIDE WHEN WE WERE KIDS BECAUSE OF A FRIEND OF MY DAD. HOW EXCITING.  AND THERE WAS ACTUALLY A PICTURE TAKEN DURING THAT PLANE RIDE.  HOW PROFOUND THAT WAS.........SO WHY DIDN'T I THINK OF AERIAL PHOTOGRAPHS?
   MY DADS FAMILY MOVED TO MONONGAHELA PA. WHERE HE AND HIS BROTHER JIM CONTINUED PLAYING BASEBALL.  MY DAD SERVED HIS COUNTRY DURING THE KOREAN WAR, SERVING IN THE NAVY, AND WAS STATIONED AT THE NORFOLK NAVAL BASE.  I'M TOLD THEY HAD AN UNBELIEVABLE BASEBALL TEAM.  I KNOW MY UNCLE JIM WHO WAS YOUNGER THAN MY DAD PLAYED ON THE AMERICAN LEGION TEAM FROM MONONGAHELA IN 1950, THE YEAR THEY TOOK THE STATE CHAMPIONSHIP.  I ONLY FOUND THIS OUT BY ACCIDENT WHEN I WAS EXPERIMENTING ON MY COMPUTER  .......WUJCIK, CATHERS  =  WUJCIK,CATCHER.....GO FIGURE.  MY DAD IS HUMBLE AND DOESN'T TALK MUCH ABOUT SUCH THINGS, BUT I THINK I NEED TO START PUMPING HIM FOR INFORMATION.  I REMEMBER IN 6TH GRADE AT CENTRAL ELEMENTARY, THE TEACHER, THE FIRST MALE TEACHER I HAD, OH JOY, TELLING ME THAT HE READ SOMETHING IN THE NEWSPAPER ABOUT MY DAD.  THE WORK I HAVE AFTER THE LAWSUIT STORY.  AS MY DAD SAID, YOU CAN ONLY GET OUT OF A COMPUTER WHAT HAS BEEN PUT IN.  WHEREAS IN THE PAST I MAY HAVE LOOKED AT THAT AS HAVING LITTLE VALUE, NOW I'M DREAMING , WHY NOT.  IF I CAN GET THIS COMPUTER TO COOPERATE I'M GOING TO PRESERVE WHAT LITTLE I HAVE FROM THE 60'S PERTAINING TO WHAT I'VE MENTIONED.
   BACK THEN BASEBALL WAS BIG FOR US KIDS AND A LOT OF GOOD PARENTS GOT INVOLVED. WE LEARNED THINGS THAT WOULD LAST THE REST OF OUR LIVES. MY DAD COACHED THE TEAM I WAS ON MY FIRST YEAR IN MINOR LEAGUE AND I'LL NEVER FORGET ALL US KIDS STUFFED IN HIS 1965 MUSTANG TO GO GET ICE-CREAM.  WESTINGHOUSE WAS ALSO BIG BACK THEN AND ALL THE DIFFERENT PLANTS HAD SOFTBALL TEAMS AND OBVIOUSLY I WENT TO WATCH MY DAD PLAY.  WE DIDN'T SPEND MUCH TIME IN THE HOUSE, NO GADGETS, WE HAD SUMMER OLYMPICS, WINTER OLYMPICS, BASEBALL, FOOTBALL AND BASKETBALL.  WE WOULD MAKE TRAILS IN THE WOODS AND RUN, WE CLIMBED A GIANT APPLE TREE AND HAD APPLE BATTLES.  IF WE GOT BORED, WE USED OUR IMAGINATION TO MAKE UP SOMETHING NEW.  IF WE WERE BAD WE USUALLY GOT  SPANKED, IMAGINE THAT, AND THAT USUALLY MEANT WE LEARNED SOMETHING.  BACK THEN WE WALKED, RAN OR BICYCLED A MILE WITHOUT GIVING IT A THOUGHT. WHEN I FINALLY GOT A MINI-BIKE AND TOOK A SHORT-CUT ON THE ROAD, AGAINST ORDERS, AND WAS ESCORTED HOME BY THE POLICE, THE MINI-BIKE WAS GONE THE NEXT DAY.......IMAGINE THAT HAPPENING TODAY. 
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Monday, August 29, 2011

IT'S ALL ABOUT BASEBALL

   SUNDAY DECEMBER 7, 1941
    
   ON THAT SUNDAY MORNING IN MAXWELL, PA. THERE WAS A BASEBALL GAME BEING PLAYED.  AND FOR YOUNG BOYS AT THAT TIME AFTER A LONG WEEK OF SCHOOL AND CHORES, A BASEBALL GAME WAS VERY IMPORTANT.  AND FOR THAT PARTICULAR 12 YEAR OLD IT WAS A VERY IMPORTANT GAME BECAUSE HE LOVED BASEBALL AND HE WAS ALSO VERY COMPETITIVE. AS WORD OF THAT INFAMOUS DAY CAME TO THE BOYS PLAYING THAT BALLGAME, SLOWLY, ONE, THEN ANOTHER, LEFT TO GO HOME.  FINALLY, AFTER SOME TIME, THERE WERE NOT ENOUGH BOYS LEFT TO CONTINUE THE BALLGAME AND EVEN THAT PARTICULAR 12 YEAR OLD HAD TO GO HOME.
   MANY YEARS LATER, ANOTHER BOY, 10 YEARS OLD, WHO ALSO LOVED PLAYING BASEBALL AND ALSO WAS VERY COMPETITIVE, WAS VERY UPSET BECAUSE HIS DAD TOOK HIM OUT OF THE GAME BECAUSE HE WAS PITCHING POORLY.  THOUGH I CAN'T REMEMBER THAT WELL, I MUST HAVE BEEN HIGHLY DISAPPOINTED IN MYSELF BECAUSE IT WAS A CLOSE GAME, WE WERE BEHIND,  AND I LET EVERYBODY DOWN. WHAT I DIDN'T REALIZE THOUGH, WAS BY MY DAD TAKING ME OUT OF THE GAME AT THAT POINT, I WAS LATER ABLE TO PINCH HIT.  AGAIN I CAN'T QUITE REMEMBER THE DETAILS, MAYBE  I HAVE LAWSUIT DAMAGES, BUT I DID GET A HIT AND I'M TOLD I MADE A DIFFERENCE AND WE WON.  OR MAYBE I SHOULD SAY MY DAD MADE THE DIFFERENCE.
   IN ANY CASE, ON TELLING THESE STORIES MANY YEARS LATER STILL, AND  REFERRING TO THE BASEBALL GAME ON SUNDAY DECEMBER 7, 1941, THE LAST THING HE SAID WAS '' BUT THE GAME WASN'T OVER''.   INDEED!
   

Sunday, August 28, 2011

WAR

   ON MAY 31, 2006  THE WESTMORELAND COUNTY SHERIFF SERVED PAPERS ON US FROM THE CATHERS AND EFFECTIVELY DECLARED WAR!   YES, WAR!  " LITIGATION IS REALLY CIVILIZED WARFARE, A SUBSTITUTE FOR VIOLENT CONFLICT. BUT IT IS WARFARE NONETHELESS - TO BE AVOIDED IN THE FIRST PLACE WHEREVER POSSIBLE, BUT ONCE UNDERTAKEN, TO BE WAGED DETERMINEDLY AND FORCEFULLY ....[ YOU AND THE LAW, READERS DIGEST]
   IT WASN'T A TOTAL SURPRISE, EVEN AFTER MONTHS OF WAITING, BUT IT WAS SHOCKING AND UPSETTING NONETHELESS. I WAS JUST LAID OFF THE WEEK BEFORE SO ARLENE AND I HAD ALL DAY AND NIGHT TO READ IT, TALK ABOUT IT, READ IT AND TALK ABOUT IT AGAIN. HAVING NEVER BEEN SUED BEFORE WE OBVIOUSLY HAD A LOT OF QUESTIONS.  WE ALSO LACKED ANY KNOWLEDGE OF THE LAW AND THE LEGAL PROCEDURE. WE DIDN'T THINK THAT IT WOULD BE POSSIBLE FOR NEIGHBORS TO SHUT DOWN A PERSONS DRIVEWAY. BUT IT APPEARS THAT'S EXACTLY WHAT THEY WERE NOW ATTEMPTING TO DO.   A DRIVEWAY THAT WAS THERE IN  1978 WHEN WE BOUGHT THE PROPERTY, AND HOW MANY MORE YEARS BEFORE THAT.  WHERE DID THEY WANT US TO ENTER AND EXIT OUR PROPERTY?  THROUGH THE UNOPENED ALLEY       RIGHT BEHIND THEIR HOUSE?   THIS DRIVEWAY  THAT WAS  IGNORED BY THEM ALL THOSE YEARS, .......EXCEPT FOR PICTURES AND VIDEO.   NOW, THEY WANT US EJECTED. 
   
   IS THE AMOUNT IN CONTROVERSY LESS THAN $ 30,000 ?  NO    


   WOW, IT TAKES YOUR BREATH AWAY. TRY TO IMAGINE WHAT THAT FEELS LIKE.
THEN WE READ.   JURY TRAIL DEMANDED.  THEN THEY SAY.  " DEFENDANTS' INTENTIONAL ACTIONS ARE MALICIOUS AND JUSTIFY AND AWARD OF  PUNITIVE DAMAGES."    PUNITIVE  DAMAGES!  FOR.....THE EVIL INTENT OF DRIVING TO AND FROM OUR HOUSE ON OUR DRIVEWAY.  

   THEY WANT US EJECTED, THEN THEY ASK THE COURT FOR AN AMOUNT IN EXCESS OF THE ARBITRATION LIMITS OF THIS COURT, PLUS PUNITIVE DAMAGES AND COSTS OF COURT.    THEY ATTACKED FIRST, AND USED THE BIGGEST BOMBS THEY HAD.  THEY SAID VERY LITTLE, " IN OR ABOUT 2001 DEFENDANTS, SUBSTANTIALLY EXPANDED THEIR PREEXISTING DRIVEWAY." THEY GOT THE YEAR WRONG AND IT'S UNCLEAR WHAT " SUBSTANTIALLY EXPANDED" MEANS, BUT THEY DID DO SUBSTANTIAL DAMAGE.  
   DID THEY CONSIDER THE RISK?  THE COST?  THE TIME?  HOW ABOUT ALL THE PEOPLE THAT MAY BE EFFECTED BY A LAWSUIT?  THESE THINGS WEIGHED HEAVY ON US AND WE CONSIDERED THEM ALL.  THOUGH THIS WAS VERY HARD ON ARLENE AND ME, THE NEIGHBORS SUING US OVER ASPHALT,  AFTER THINGS CALMED DOWN  SOMEWHAT, I COULDN'T HELP BUT THINK....OF BASEBALL.
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Wednesday, August 24, 2011

THE LAST DAYS

   I CAN'T HELP BUT THINK, AFTER GOING THROUGH FOUR YEARS OF ABSURDITY, THAT WE ARE LIVING IN THE LAST DAYS.  HOW MUCH OUR BELOVED COUNTRY HAS CHANGED JUST IN MY LIFETIME. HOW MUCH PEOPLE SEEM TO HAVE CHANGED. WHAT HAPPENED?
   AFTER THE CATHERS SURVEY IN JAN. OF 2006 ALL LEGAL ACTIVITY SEEMED TO STOP. ON SUNDAY APRIL 30TH I GOT UP AFTER WORKING NIGHT-TURN AND AS I'M LOOKING OUT OUR BAY WINDOW I SAW AN OBJECT FLY THROUGH THE AIR AND LAND BY OUR GARDEN. AFTER DOING A LITTLE INVESTIGATING I DECIDED TO GET IN THE CAR AND DRIVE FURTHER DOWN EAST DONORA RD. TO SEE WHO WAS THROWING THINGS IN OUR YARD. BECAUSE EAST DONORA RD. IS A DEAD END ROAD, OUR DRIVEWAY MEETS EAST DONORA RD AT AN ANGLE THAT IS TOTALLY OPPOSITE FROM THE DIRECTION THAT I NOW WANT TO GO. SO, BECAUSE I HAD TO BACK-UP AFTER ENTERING EAST DONORA RD., I ENDED UP TOUCHING THE CATHERS GRASS WITH MY TIRES.  THIS APPARENTLY UPSET THEM AND THEY CALLED  ROSTRAVER  POLICE.  THE REASON I MENTION THIS IS BECAUSE SUNDAY APRIL 30TH 2006 IS ALSO THE DAY THE CATHERS SIGNED '' VERIFICATION'S'' FOR CIVIL SUIT!  




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Tuesday, August 23, 2011

CATHERS SECOND ATTORNEY

   WHY?  A KNOWN AND RESPECTED ATTORNEY GIVES HIS PROFESSIONAL ADVICE. THEN ON DEC. 29 2005 A DIFFERENT ATTORNEY WRITES A LETTER, THIS TIME IT'S TO OUR ATTORNEY.  CATHERS SECOND ATTORNEY SAYS HE HAS REVIEWED NUMEROUS PHOTOGRAPHS AS WELL AS A VIDEO TAKEN PRIOR TO THE RESURFACING OF THE DRIVEWAY.  HE ALSO SAYS HE HAS PERSONALLY VISITED THE PROPERTY AND VIEWED THE SUBJECT AREA.  HE CLAIMS, WITHOUT QUESTION, AFTER LOOKING AT THE PHOTOGRAPHS AND VIDEO, IT IS APPARENT THAT WE HAD EXPANDED THE DRIVEWAY BEYOND OUR ORIGINAL USE.
   REALLY?  NUMEROUS PHOTOGRAPHS AND VIDEO TAKEN OF OUR DRIVEWAY PRIOR TO THE RESURFACING?  WHY?  PICTURES OF ASPHALT?  OK,..... WE  NEVER TOOK PICTURES OF OUR DRIVEWAY BUT APPARENTLY THE NEIGHBORS DID. WELL, THE 1989 SURVEY THAT THEY HAD DONE DID PUT A PIN IN  MY DRIVEWAY.  SO NOW A SECOND ATTORNEY AFTER SEEING "PICTURES", BELIEVES WE EXPANDED OUR DRIVEWAY WHEN WE REPAVED IT IN 2002.  HOW IS THAT POSSIBLE?  WHAT CAN THESE PICTURES POSSIBLY SHOW?  
   AFTER OUR ANSWER, THE NEXT LETTER FROM CATHERS SECOND ATTORNEY [ DATED 1-25-2006] STATES THAT THEY ARE LEFT WITH NO ALTERNATIVE BUT TO FILE SUIT IF WE CONTINUE TO TRESPASS ON THEIR PROPERTY.  OK, SO IF WE CONTINUE TO ENTER AND EXIT OUR DRIVEWAY, WE WILL BE SUED. AFTER RECEIVING THIS LETTER OUR ATTORNEY HAD A CONVERSATION WITH THEIR ATTORNEY, WHO INDICATED THE CATHERS INTEND TO HAVE A SURVEY. WHY?  THEY HAD ONE IN 1989, WELL, ACTUALLY THEY HAD TWO IN 1989, BUT THAT'S ANOTHER STORY. IN ANY CASE THEY HAD THEIR SURVEY ON 1-17-06 AND 1-24-06 WHILE ARLENE AND I WERE EXTENDING OUR FENCE INTO THE WOODS.

Thursday, August 18, 2011

GOOD NEIGHBORS MAKE GOOD FENCES

   I COULD HAVE SAID IT DIFFERENTLY, BUT IN HINDSIGHT, THAT WOULDN'T MAKE SENSE. ON DEC. 19, 2005, AFTER NEARLY 2 MONTHS, WITH NO RESPONSE FROM THE NEIGHBORS, ARLENE AND I DECIDE TO GO LOOK AT FENCES. THE FIRST DEFINITION OF FENCE OFFERED BY THE OXFORD ENGLISH DICTIONARY IS AS A MEDIEVAL VERB MEANING "THE ACTION OF DEFENDING". TO FENCE, THEREFORE , WAS TO ENGAGE IN AN ACT OF SELF-DEFENSE.
   I KNEW I COULDN'T JUST PUT UP A FENCE WITHOUT CHECKING THE LAWS ON FENCING, SO I WENT TO THE TWP. AND PURCHASED "TOWNSHIP OF ROSTRAVER - ZONING." AFTER FINDING LANGUAGE THAT INDICATED TO ME THAT I COULD INSTALL A FENCE IN A UNOPENED  ALLEY BETWEEN FRONT AND REAR LOTS, AND CHECKING WITH THE ZONING OFFICER TO BE SURE, AND AFTER HIS APPROVAL, I WAS GOOD TO GO.
    THOUGH WE HAD TALKED ABOUT A FENCE YEARS BEFORE, I FELT I COULD DEAL WITH THE ANNOYANCES PLUS CLEANING UP DOG CRAP AND TIRE CLEANING AFTER CUTTING GRASS. AFTER ALL, IT'S ONLY ONCE A WEEK OR SO, NO NEED TO UPSET NOBODY. BUT AFTER RECEIVING A LETTER FROM AN ATTORNEY, THEN HAVING FOUR SHRUBS PLANTED ON OUR PROPERTY, WE DECIDED IT WAS TIME TO PUT UP A FENCE, SOMEBODY AT WORK MADE A FUNNY JOKE ABOUT THIS, BUT, NO WE DIDN'T WANT THE NEIGHBORS SHRUBS. "PLEASE REMOVE THEM".........BUT THEY DIDN'T UNTIL THE DAY [ 1-4-2006] THE CONTRACTOR WAS THERE TRYING TO SET FENCE POSTS IN THE GROUND. BILL CAME HOME EARLY FROM WORK AND CUT TWO 150 FEET LONG LENGTHS OF ROPE. I WOULD HAVE GLADLY TAKEN DOWN THE ROPE SO THE SHRUBS COULD MORE EASILY HAVE BEEN MOVED.
   BUT, ALAS, THE FIRST OF MANY POLICE EVENTS. THE ROPE WAS TIGHTLY STRUNG FROM PROPERTY POINT  TO PROPERTY POINT TO SHOW THE FENCE CONTRACTOR THE BOUNDARY LINE. I HAD DECIDED THAT I WANTED THE POSTS "SETBACK" FROM THE BOUNDARY LINE 4 TO 6 INCHES SO THE FENCE WOULD BE ON MY PROPERTY. IN HINDSIGHT WHAT A GOOD DECISION THAT WAS. 
   TWO DAYS LATER I NOTICED A SURVEY TRUCK ON THE ROAD WHILE I WAS THERE AT THE FENCE POSTS. WHEN I APPROACH THE SURVEY CREW, MY OBVIOUS LOOK OF CONCERN IS ALLEVIATED WHEN I FOUND OUT THAT IT WAS THE SAME COMPANY THAT DID MY 2003 SURVEY. SO, NOW THIS COMMON BOUNDARY IS GOING TO BE SURVEYED A THIRD TIME [ 1989, 2003 AND 2006 ].  ON 1-11-2006 THE CEDAR FENCE IS FINISHED AND LOOKS GREAT, EVEN THE NEIGHBOR LIKES IT, I'M TOLD.  IN THE MEANTIME, ANOTHER VERY OMINOUS THING IS HAPPENING.
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Tuesday, August 16, 2011

THE NEIGHBORS PLANT SHRUBS....ON OUR PROPERTY

   NO WAY ARLENE.  THEY KNOW WHERE THE BOUNDARY IS, IT'S BEEN SURVEYED TWICE.  WE JUST GOT A LETTER FROM THEIR ATTORNEY SAYING WE DID SOMETHING WRONG IN 2002 WHEN WE REPAVED OUR DRIVEWAY. NOBODY WOULD DO THAT; YOUR LOOKING FROM THE HOUSE, A HUNDRED FEET AWAY AND CAN'T SEE ACCURATELY LIKE THAT.
   SOMEWHERE BETWEEN OCTOBER 14, 2005( CATHERS FIRST ATTORNEY LETTER) AND OUR ANSWER, OCTOBER 26, 2005, THE CATHERS DID PLANT THREE ARBORVITAE SHRUBS AND ONE DOGWOOD ON OUR PROPERTY.  GO FIGURE.  WHAT WERE THEY THINKING?  DID THEY WANT TO TRADE PROPERTY?  SEEMS TO ME GETTING A LAWYER IS A FUNNY WAY TO GO ABOUT IT.  IN ANY CASE THAT WAS NEVER MENTIONED AS FAR AS I'M AWARE.
   WE ANSWERED CATHERS, STATING OUR INTENTION TO LIVE IN PEACE WITH THEM AND THAT WE  DID NOT EXPAND OUR DRIVEWAY AT THE TIME OF RESURFACING.  WE REQUESTED MR. AND MRS. CATHERS:
   1. TO PLEASE REMOVE THE SHRUBS FROM OUR PROPERTY.
   2. TO PLEASE INSTRUCT THEIR CHILDREN TO REFRAIN FROM ENTERING OUR PROPERTY BECAUSE THEIR BICYCLE RIDING ON OUR DRIVEWAY HAS CREATED A SAFETY CONCERN.
   3.TO PLEASE REQUEST THEIR CHILDREN TO DISCONTINUE RIDING THEIR ALL-TERRAIN   VEHICLES ON OUR PROPERTY.
   WE HOPED THAT MR. AND MRS. CATHERS WOULD REGARD THESE REQUESTS IN THE SPIRIT IN WHICH THEY WERE GIVEN WHICH IS TO MODERATE A SITUATION WHICH HAS ALREADY DEVELOPED INTO A HOSTILE ATMOSPHERE AND CORRESPONDENCE BETWEEN ATTORNEYS. THEN MY VERY EXPERIENCED ATTORNEY STATED, " MY EXPERIENCE IS THAT DISPUTES BETWEEN NEIGHBORS CAN BECOME COSTLY AND LEAD TO EXPENSIVE, UNNECESSARY AND UNSATISFYING LITIGATION.
   

Saturday, August 13, 2011

I TALK TO CATHERS FIRST ATTORNEY

   WE WERE UPSET AND FRUSTRATED AFTER RECEIVING THIS LETTER FROM CATHERS FIRST ATTORNEY.  WE TRIED TO APPEASE THEM ; AFTER THEIR 1989 SURVEY THEY KNEW WHERE THE BOUNDARY WAS, YET THEY CONTINUED TO CUT OUR GRASS. AFTER MY 2003 SURVEY THEY STOPPED, SO I STARTED TO CUT IT, WHICH UPSET THEM. AFTER A TALK WITH THEM.....I TOLD THEM THE ONLY REASON I STARTED CUTTING IT WAS BECAUSE YOU STOPPED.....THAT I HAD PLENTY OF GRASS TO CUT .......THAT WE WERE TRYING TO ELIMINATE GRASS BY MAKING FLOWER BEDS..... THAT IF YOU WANT TO CONTINUE TO CUT MY GRASS, YOU HAVE MY PERMISSION .  THAT SEEMED TO MAKE THEM HAPPY.
   WHAT IS THIS LETTER SAYING? REMOVE ASPHALT? WHERE? PLANT GRASS? WE DIDN'T
REMOVE ANY OF THE NEIGHBORS GRASS. WE FELT WE HAD TO ANSWER THIS LEGALLY. WE WERE GIVEN THE NAMES OF TWO GOOD ATTORNEYS AND I PICKED THE ONE CLOSEST,  IN ROSTRAVER TOWNSHIP , AND GAVE HIM A CALL.
   I TALKED TO HIM FOR AT LEAST  HALF AN HOUR TELLING HIM THE SITUATION AND HISTORY, AND READING FOUR PAGES OF THE HISTORY THAT I HAD WRITTEN. HE MADE A COUPLE FUNNY COMMENTS ABOUT WHAT HE WOULD HAVE DONE, AND AFTER LISTENING PATIENTLY HE SAID '' I'M GETTING TO OLD FOR THIS, I KNOW [ THE CATHERS FIRST ATTORNEY]   I THINK IF YOU GIVE HIM A CALL, TELL HIM I TOLD YOU TO CALL, TELL HIM WHAT YOU TOLD ME, I THINK YOUR PROBLEM WILL GO AWAY".
   SO I DID AND HE ALSO LISTENED PATIENTLY , BUT, FINALLY HE SAID " YOU KNOW I DO REPRESENT THE CATHERS" . AND FROM WHAT I RECALL THAT'S HOW IT ENDED.
   THAT'S THE LAST I HEARD FROM THE CATHERS  FIRST ATTORNEY, BUT I DIDN'T KNOW THAT AT THE TIME.  SO, THINKING, THE FIRST ATTORNEY I TALK TO THINKS THIS IS FOOLISH  MAYBE I SHOULD CALL THE OTHER NAME GIVEN TO ME. SO, I DO, AND GET AN APPOINTMENT FOR THE NEXT DAY TO TELL THE SAD STORY AGAIN.  

Tuesday, August 9, 2011

CATHERS FIRST ATTORNEY

   AFTER A VERY BUSY SUMMER IN 2005, THEN HURRICANE KATRINA AND " RED DANGER TAPE " I WAS HOPEFUL THINGS WOULD SETTLE DOWN. I HAD FOUR DAYS OFF IN OCTOBER BETWEEN THE END OF ONE JOB AND THE START OF ANOTHER AND ON DAY ONE I GET A LETTER FROM AN ATTORNEY.
   OCTOBER 14, 2005

   MR.  WUJCIK

       PLEASE BE ADVISED THAT I HAVE BEEN ASKED TO CONTACT YOU BY YOUR NEIGHBORS, WILLIAM & TRACY CATHERS. THEY HAVE SHOWN ME PICTURES OF A DRIVEWAY WHICH YOU HAVE BEEN USING ON THE PROPERTY. WHILE I REALIZE THE DRIVEWAY HAS BEEN THERE FOR A LONG TIME YOU MUST KNOW THAT YOU ARE RESTRICTED IN THE USE OF THAT DRIVEWAY TO THE EXACT AREA THAT YOU WERE USING BEFORE. THE FACT THAT YOU HAVE EXPANDED THE DRIVEWAY GREATLY MAKES IT A VIOLATION OF ANY RIGHT-OF-WAY OR EASEMENT WHICH YOU MAY HAVE OBTAINED. THEREFORE, IT IS NECESSARY THAT YOU REMOVE THE BLACKTOP PAVING IN THE AREA THAT YOU HAD NOT BEEN USING PREVIOUSLY. YOU MUST LIMIT YOUR USE OF THE DRIVEWAY EXCLUSIVELY TO THE AREA THAT YOU HAD USED WHEN IT WAS NOT PAVED AND NOT THE EXPANDED AREA. AFTER YOU REMOVE THE BLACKTOP IT WILL ALSO BE NECESSARY FOR YOU TO LAY GRASS AND MULCH SINCE YOU MUST RETURN THE EXPANDED AREA TO THE WAY IT WAS BEFORE. YOU MAY CONTINUE TO USE THE OTHER AREA THAT YOU HAVE BEEN USING SINCE YOU HAVE FOR SUCH A LONG PERIOD. THE EXPANDED AREA MUST BE RETURNED TO THE CONDITION IT WAS PRIOR TO THE BLACKTOPPING.
                                                                                                 VERY TRULY YOURS

   OK, THIS IS A JOKE, RIGHT?   THE DRIVEWAY WAS REPAVED IN 2002, IT'S 2005.

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Sunday, August 7, 2011

THE HINGE OF FATE

   OVER '' RED DANGER TAPE''? MAYBE. THE SUMMER OF 2005 ARLENE AND I KEEP VERY BUSY, THAT CALENDAR HAS MULTIPLE ITEMS EVERY DAY WRITTEN DOWN. WE HAD TO DEAL WITH MORE TRAGIC THINGS IN LIFE AND STAYED BUSY IN 2005 TO KEEP OUR SANITY. A NATURAL RESULT OF DOING THINGS EVERY YEAR IS YOUR PROPERTY KEEPS LOOKING BETTER AND BETTER. OUR INTENT WAS NEVER TO MAKE ANYONE  JEALOUS. 

   THE NEIGHBORS WENT ON VACATION IN JUNE AND WHILE THEY WERE GONE A BAD STORM CAME THROUGH OUR AREA. TWO POPLAR TREES BEHIND OUR HOUSE IN THE WOODS WERE STRUCK BY LIGHTENING. THE ONE, A GIANT, HAD A ONE FOOT DIAMETER BRANCH BREAK OFF NEAR THE TOP AND WHEN IT FELL IT KNOCKED OVER THE TELEPHONE POLE AND WIRES. THE OTHER POPLAR WAS STRUCK BY LIGHTENING AND HAD A SPLIT THROUGH THE TRUNK. I FIGURED I NEEDED TO CUT THAT TREE DOWN. NOT KNOWING WHEN THE NEIGHBORS WERE COMING HOME AND KNOWING THEIR KIDS PLAY IN THE WOODS AND THEIR OLDEST BOY RIDES HIS RECREATIONAL VEHICLES IN THE WOODS, I DECIDED IT WAS A GOOD IDEA TO PUT "RED DANGER TAPE'' UP ACROSS  THE ENTRANCE TO THE WOODS. THE TAPE WAS NOWHERE NEAR THEIR PROPERTY, BUT IT WAS TEN FEET OFF  MY PROPERTY. I OWNED SOME OF THE WOODS AND NEVER SAID ANYTHING TO THEM OR THEIR BOY RIDING ON MY PROPERTY. I CUT THAT TREE DOWN, BUT LEFT THE "RED DANGER TAPE"  UP THINKING I PROBABLY SHOULD CUT A COUPLE MORE TREES DOWN.
   THAT, THE RED DANGER TAPE,  APPARENTLY MADE THEM MAD AND WHEN I FOUND IT DOWN AND BURNT UP, I WENT AND KNOCKED ON THEIR DOOR TO ASK THEM ABOUT IT. I STARTED TALKING TO BILL BUT TRACY WAS UPSET, SO I SAID ''THANK YOU'' AND LEFT.  THAT'S THE MOMENT THAT I FINALLY GOT IT..........AND THAT'S  THE START OF A PATHETIC SET OF EVENTS, THAT SADLY, SHOULD NEVER HAVE HAPPENED.
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