A WATERSHED MOMENT

   WE RECEIVED CATHERS AMENDED COMPLAINT ON FRIDAY SEPT. 8TH 2006 AND HAD TILL THE 26TH TO ANSWER.  WHAT I MAY HAVE THOUGHT HALF-HEARTILY, WOULDN'T HAPPEN, DID IN FACT HAPPEN.  AFTER READING THE AMENDED COMPLAINT, MY FIRST THOUGHT WAS OF SIR WALTER SCOTTS FAMOUS QUOTE, " OH, WHAT A TANGLED WEB WE WEAVE, WHEN FIRST WE PRACTICE TO DECEIVE! "  THERE WAS NOW NO DOUBT THEIR LAWSUIT COULD SHUT DOWN OUR DRIVEWAY.  OBVIOUSLY WHEN FACED WITH THAT FACT, IT IS UPSETTING.  BUT, I ALSO LOOKED AT IT FOR WHAT IT WAS.  A BIG LIE. AND THEY JUST MADE A BIG MISTAKE......A GAME CHANGER .
   READING NO. 11, THE MOST IMPORTANT PART OF THEIR AMENDED COMPLAINT, AND COMPARING IT WITH THEIR EXHIBIT "C", I HAD TO DO SOME GUESSING.  WHY WASN'T THESE DIMENSIONS LAYED-OUT  BY A SURVEYOR ?  AND PUT ON EXHIBIT "C"?  OH , I REMEMBER, I HEARD AT THE COURTHOUSE DURING ORAL ARGUMENTS.......THEY COULD  MEASURE THEMSELVES AND SAVE MONEY.    SO, I'LL TRY TO EXPLAIN THIS BY WORDS, AND HOPEFULLY I CAN MAKE IT UNDERSTANDABLE. CATHERS SURVEYED PROPERTY AND THESE DIMENSIONS  ARE NOT ONE AND THE SAME.  THESE DIMENSIONS START AT AN EXISTING MAG NAIL IN THE DRIVEWAY, AND GO 7 FEET ACROSS THE WIDTH OF THE DRIVEWAY, FOLLOWING THE SURVEYED BOUNDARY.  THEN, 43 FEET, TAKES YOU THROUGH THE RIGHT OF WAY TO THE PAVEMENT OF GREEN STREET , WHICH IS NOW CALLED EAST DONORA RD.  THAT DIMENSION TAKES YOU BEYOND THE ACTUAL SURVEYED BOUNDARY OF THE CATHERS PROPERTY.  CATHERS SURVEY, LOOKING AT THEIR EXHIBIT "C", SHOWS A MUCH SMALLER, TRIANGULAR SHAPED, ENCROACHMENT.  EVEN I CAN SEE THERE ARE SOME OBJECTIONS IN THIS AMENDED COMPLAINT, AND THAT'S NOT ALL.  IN ANY CASE, CATHERS NEXT DIMENSION, 26 FEET- 10 INCHES, RUNS SOUTH ALONG GREEN ST., THEN FROM THERE 15 FEET-6 INCHES TO THE EXISTING MAG NAIL.  BECAUSE OUR DRIVEWAY MEETS EAST DONORA RD. AT A SHARP ANGLE THE 26 FEET- 10 INCHES REFLECTS THE LENGTH OF ASPHALT OF OUR DRIVEWAY TOUCHING EAST DONORA RD.
   NOT UNTIL MUCH LATER DID I EVEN BOTHER GOING OUT TO MEASURE THIS, I JUST TOOK AN EDUCATED GUESS.  I FOUND THIS UNBELIEVABLE.  I REMEMBER HOW PRECISE  MR. SHIRE REQUIRED ME TO BE WITH THOSE SHRUBS.  HERE WE ARE IN A LEGAL BATTLE AND THEY CAN'T PAY TO PUT DIMENSIONS DOWN LEGITIMATELY .  MAYBE THEY WANT ME TO PAY?  OK, I'M GAME, BUT LITTLE DID THEY REALIZE HOW ME THINKING WHAT DIMENSIONS NEEDED PUT DOWN, WOULD COME BACK TO HAUNT THEM AT TRAIL.  BESIDES THE ACTUAL SURVEYED PROPERTY THAT MY DRIVEWAY CROSSES, THE TRIANGLE, WHAT ELSE MIGHT BE IMPORTANT?  WELL, IF THEIR CLAIMING I MOVED MY DRIVEWAY WHEN I REPAVED IT, THEN THE DISTANCE BETWEEN THEIR GARAGE AND MY DRIVEWAY WOULD CHANGE.  MAYBE, THAT DISTANCE TODAY WOULD BE IMPORTANT TO KNOW.  THERE ARE A NUMBER OF ENIGMAS WITH THIS AMENDED COMPLAINT.  TO THIS DAY I CAN'T FIGURE OUT 26 FEET - 10 INCHES?  WHEN THE DISTANCE IS FINALLY SURVEYED BY ME PAYING TO HAVE IT PUT ON PAPER, THE MEASUREMENT IS 25.26'.........DID I LOSE SOME ASPHALT SOMEHOW?    
   ON SEPTEMBER 12, 2006 I WENT TO THE SURVEYOR TO HAVE HIM PUT DOWN ON PAPER THE DIMENSIONS THAT I FELT WERE IMPORTANT. THEN I TOOK 2 VIDEOS FROM A CAMCORDER THAT MIGHT HAVE A SECOND OF VIDEO THAT COULD BE HELPFUL TO SHIRE LAW FIRM.  I TALKED TO KEN ABOUT THEIR AMENDED COMPLAINT.  HE SAID WE COULD FILE OBJECTIONS AGAIN, BUT WHY WASTE THE MONEY, WE WILL ANSWER WITH A CLAIM FOR "QUITE TITLE".  YES!!!!!!!  I ASKED KEN TO SEE THE ORIGINAL 1994 APPRAISAL PICTURE, I NEVER REALLY  GOT A GOOD LOOK AT IT.  HE GOT IT AND WE BOTH LOOKED AT IT, KNOWING NOW THE DISTANCE IS 7 FEET, NOT INCHES.  NOW THE PICTURE LOOKED SO TELLING.  AS I WAS LEAVING I SAID TO KEN, '' WE DON'T HAVE ANYTHING TO WORRY ABOUT, DO WE."  KEN HAD THE BIGGEST SMILE AND SAID, " NO".