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PETER BOLASH, and his wife, :IN THE COURT OF COMMON PLEAS
GERALDINE BOLASH, and TINA :CUMBERLAND COUNTY,PENNSYLVANIA
SHAFER, a/k/a TINA
ROBERTSON,
Plaintiffs,
2
3
4
vs.
:NO. 003524 Equity
5
EDWARD KEYS, and his wife,
SHIRLEY KEYS,
Defendants.
:Action for Declaratory
: Judgement
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lORIGINAL
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9
Deposition of: WILLIAM E. STEWART, JUNIOR
Taken by: Defendant
Before: Jill L. Roth
Court Reporter-Notary Public
Date:
August 1, 2000, 1:00 p.m.
Place:
Snelbaker, Brenneman & Spare
44 West Main Street
Mechanicsburg, Pennsylvania
19 APPEARANCES:
20 SAIDIS, SHUFF, FLOWER & LINDSAY
BY: JOSEPH HITCHINGS, ESQUIRE
21 FOR - PLAINTIFFS
22
23
24
d 25
SNELBAKER, BRENNEMAN & SPARE
BY: KEITH O. BRENNEMAN, ESQUIRE
FOR - DEFENDANTS
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Central Pennsylvania Court Reporting Services
(717)258-3657 or (800)863-3657 or courtreporters4u@aol.com
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INDEX TO WITNESS
2
WITNESS
DIRECT
CROSS
REDIRECT
RECROSS
3
William Stewart, Jr.
22
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DEFENDANT'S EXHIBITS
NO.
DESCRIPTION
PAGE
A
Final Subdivision Plan
6
B
Deed
9
PLAINTIFF'S EXHIBITS
NO.
DESCRIPTION
PAGE
1
Photocopy of photograph
19
*Defendant's Exhibits in possession of Mr. Brenneman*
I
Central pennsylvania Court Reporting Services
(717)258-3657 or (800}863-3657 or courtreporters4u@aol.com
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MADE THE 16th tiDy of April InIMYH'
ofou,LordoMllIoruandnlMhundred eighty-four (1984).
BETH'EEN WILLIAM E. STEWART, JR. and DORIS M. STEWART, hia wife, of Greenville,
South Carolina,
COMM NWEALTH of PENNSYLVANIA } 5S
County f CUMBERLAND
[Rober P Ziegler. Recorder. do hereby
Certify hat the foregoing is a true and
erect py'as, appea~ in~, I D.... ..--'- 0 U-
Vol'. ' .:>.0,""... Psge lD - '" ,
itness my band ic' l'thi$
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R~rder of Deeds ~ !~ ~..;
~~ Expire$, 1st Monday, .... ~_ '" H
ond PETER E. BOLASH and GERALDINE E. BOLASH, his wife, of the Borough of W~st
Fairview, County of Cumberland and State of Pennsylvania, as tenants by the
entireties with the right of survivorship,
"
GranlU 8 :
H'ITNESSETH,IhalIn consldtrallon of Seven thousand and 001100 ($ 7 ,000.00) ________l____
-----------------------------------------------___________________________DoUan,
In IIond. paid, 1M re<tlpl whtreof Is htrtby acknowltdgel/. Ihe sold granlor do hereby gronl and
con..y 10 Ihuald granlet X>IIlk .
ALL THAT CERTAIN lot or parcel of land situste in the Borough of Weat
Fairview, County of Cumberland, and Seate of Pennaylvania, and being more fully
bounded, limited and described aa follows, to wlt:
BEGINNING at an iron pin, said pin being a common corner of lands now, or
formerly of Edward L. and Shirley I. Keys and lands now or formerly of Peter E.
and Geraldine E. Bolash, aaid pin alao being approximately one hundred forty-
four feet (144') in a southwesterly direction from the centerline of Front Street
and also being thirty-five and seventy hundredths feet (1S.70') in a southeasterly
direction from the southern forty fooe (40') right-of-way line of Fairmount
Avenue; Thence by aaid lands of Peter E. and Geraldine E. Balash and by Ianda now
or formerly of Raymond L. and Mary Jane Wakefield, South twenty-four degreea
forty-one minutes forty-five seconds East (S 24' 41' 4S" E), a distance of one
hundred thirty-three and zero,hundredths feet (133.00') to an iron pin, said iron
pin being a common corner with said lands of Raymond L. and Mary Jane Wakefield;
Thence by lands of Grantors, South sixty-five degrees thirteen minutes three
seconds West (S 6S' 13' 03" W), a distan,ce of one hundred fifteen and thirty-three
hundredths feet (11S.33') to an iron pin; Thence along a right-of-way of varying
width, said right-of-way containing a 10' wide dirt lane, North thirty-three
degrees thirty-one minutes fifty-seven seconds West (N 33' 31' 57" W), a distance
of one hundred six and fifty hundredths feet (106.50') to an iron pin; Thence
by said lands of Edward L. and Shirley 1. Keys, North sixty-Jour degrees thirty-
three minutes thirty-eight seconds East (N 64' )3' 38" E), a distance of one
hundred fifteen and thirty-three hundredths feet (11S.33') to an iron pin; Thence
by said lands of Edward L. and Shirley I. Keys, North twenty-four degrees forty-
two minutes fifty-one seconds West (N 240 421 51" W)~ a distance of twenty-six and
twenty-eight hundredths feet (26.28') to an iron pin; Thence by said lands of
Edward L. and Shirley 1. Keys, North sixty-four degrees twenty-nine minutes ten
seconds East (N 64Q 29 I 10" E), a distance of sixteen and zero hundredths feet
(16.00') to the point and place of BEGINNING.
Shown as Lot No. 4 on a subdivision plan by William E. Sacra & Asaociates
of 133 South Queen Street, York, PA 17403; Drawing No. 1I-I-446A dated December 5,
1983 and revised January 2S, 1984. Containing 13,499 sq. ft. or 0.310 acres..
Together with the right of ingress, egress and_regress in, over and along
a thirty (30') foot right-of-way leading to and from Fairmount Avenue and
immediately adjacent to the Westernmost boundary of Lot No. 4 and shown on said
subdivision plan as a dirt lane which, as presently used, is only ten feet in
width but which ahall have a maximum width of thirty (30) feet".
BEING part of the same premises 'which Bertha Koch, Executrix of the Will
of Bertha Keys, deceased, by deed dated October 31, 1961 and recorded in Deed
Book 20-1, Page 1142, Cumberland County Records, conveyed to William E. Stewart,
Jr., party hereto.
SUBJECT to the rights of third
above described on the east.
the property \
persons in the alley adjoining
BOOKQ 20 PI.cf 602
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~ DEFENDANT'S
EXHIB,IT
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AND. Ihe laid granlor s . do herebycovenanland agree 10 and wllh the ~aid gran/us .,hat they
the granlors, the i r heir,. tun/o,., and admlnbtraloTl, .hall and will WG"""t generally
a.d /OnN' ~enJ 1M Mrel1f above de.cribed
prem/:ses. with 1M hereditaments and appurtenance,. unto the said granltlS, their "'In dM iUI/gIII.
agaln'l Ihe sold gra.lor s. and a/ltllnsl every olher person lawfully cl4/ml", ", WM 'MII MN4/Ier
claim the same or any ptJr/ thereof.
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-=~hoOiT:ffit:~c;;mb <:0., Pa.
-1:JO Real Estate Tr4'lSfer 1l1ll
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Oat.. 'f->-'f1'1f AmilS.eQ
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Cumb. Co. D'.t Col I\il. ~
B~.'''!,,~ 0' Jt/~ h'" '.:u.-
Cumbo eo.. PL
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IN WITNESS WHEREOF..aldfranlor.
do, and year /lrsl above w,/Iten.
IIa vellereunlo ,reI the! r IuuId 8 onJ....1s IIIe
:i1::-:;(~..cf..~...........~
~ E. Stewart, Jr. ~
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611lneb. 6ealeb anb J)ellbmb
in Ibe IIr""lte 01
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'r COMMC!I~W(AlTH or PENNSYLVANIA ==
." l 'EfAIUMwr Of ge VENUe ::::
::: .fAlIY '!i<<~<,"?.' E-~' ::
.., :~~NSf!R APR24'8~ :(t~1~ ~ 7 O. 0 0 --
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Received lhe do, of the dale oflhe abolHl Indenlure of the above named Grantees
,'''' sum of Seven thousand and 00/100 ($ 7 ,000 .00)' ,...------------------------ 001".....
law/IIlmone, of the United SIales. belnfthe conslderallon mone, above menlloned Infull.
WII....:.~~.~ tf~~~;t.ew~41~~......
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- Dor 8 . "tewart
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BOOKQao f~CE 603
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Sl/Jle 0/ Sotrra CAlIOLINA
Countyo/ ~
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A. D.19??- before m..
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day 0/
pmon/JIlY/JpP'artd WILLIAM E. STEWART. JR. and DRIS M. STEWART, his wif~",..
known 10 me (or .otlsfaclorily pro..n) 10 be Ih. person a who.. nome s are /~~~~ ~Nbs~r!bed
to the wlthinln"rument. /Jnd ocknowl.dged that th.y ."eculed the .amefodl!; Pf/"rp.Jk. th.reln
I d ' ...:t- U .
conla ne . .c :c :: " -' .._
In Witness Whereo!.1 her.unlo .et my lumd ond ojJlcla/~eo ~~; ,J!::; Ii. t ';: ; "
'~ P"~'10 6 -<'. ,~
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Myeommls!/on."plres ...............~. ...L.c.n.-r-.......n............ . '"
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SI/Jle oj
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County of
On this
day of
A. D. 19 ,before me,
personolly /Jppeored
10 be lhe person whose n/Jme . ..scribed
he .-.,ed lhe same for lhe purpos.. thereIn
kno"", 10 me (or sat/ifllClorlly pro..n)
/0 the within /nrlrumen/, and /Je/alOwledged
conlalned.
In Wltn.ss Whereof, 1 herelm/o ...1 my /rand /Jnd ojJlclal .eal.
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My commission expires __."__'___'___'___ .n. ._._0___________ ".' 0_ ___..__...._...
.nln.....do hereby certify Ihallhe precl.e re.lden.. oflh. wllllln named INntu II 692 Front Street.
West Fairview, Pennsylvania. h........~...............n.-.....
19 AI/orneyfor .....~......h...................
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Rf,CO~'d on ,his c:.~~n.: " "1u' A,-J' AI........ ..... .........u.........::::....._':'~....
A. D. J9..'f...In Ihe Reeortkr.. ojJlce of.ald County. In Deed Book. 6;J .'
Vol. ....-?id...n.......... Pale....mr'e..C?~....
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GIven under my /rand and Ihe ..010 .aid ojJlce.lhe dale above wrlllen.
_.......................__..:.......~,.~C>.ftb ,
6aaK~30 fl,CE 6C4
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wqis mrr~1
In 1M year
his wife, of Greenville,
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Recorder of Oseds :.:; ,;' . .
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mission Elcpires, 1st Monday. ' '"
2002 en .." :'
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and PETER E. BOLASH and GERALDINE E. BOLASH, his wife, of the Borough of W~st
Fairv1ew, County of Cumberland and State of Penneylvania, as tenants by the
entireties with the right of survivorship,
Gron'~t 8 :
WITNESSETH.lhalln con,ldeNllon of Seven thousand and 00/100 ($ 7 ,000.00) ________.1____
-----------------------------------------------___________________________DoUar'.
In Mnd. pold, 1M recelpl whereo' I, hereby acknowledget/. the ,old granlor do hereby grant and
conwy I. IhtJald gronltt lGIIlk .
ALL THAT CERTAIN lot or parcel of land situate in the Borough of West
Fairview, County of Cumberland, and State of Pennsylvania, and being more fully
bounded. limited and described .s follows, to wit:
BEGINNING at an iron pin, said pin being a common corner of lands now, or
formerly of Edward L. and Shirley I. Keya and lanas now or formerly of Peter E.
and Geraldine E. Bolash, said pin also being approximately one hundred forty-
four feet (144') in a southwesterly direction from the centerline of Front Street
and also being thirty-five and seventy hundredths feet (35.70') in a aoutheasterly
direction from the aouthern forty foot (40') right-of-way line of Fairmount
Avenue; Thence by said lands of Feter E. and Ger*ldine E . Bolash and by lsnds now
or formerly of Raymond L. and Mary Jane Wakefield, South twenty-four degrees
forty-one minutes forty-five seconds East (S 24' 41' 45" E), s distance of one
hundred thirty-three snd zero ,hundredths feet (133.00') to an iron pin, said iron
pin being a common corner with said lands of Raymond L. and Mary Jane Wakefield;
Thence by lands of Grantors, South sixty-five degreea thirteen minutes three
seconds West (S 65' 13' 03" W), a distan.ce of one hundred fifteen and thirty-three
hundredths feet (115.33') to an iron pin; Thence along a right-of-way of varying
width, said right-of-way containing a 10' wide dirt lane, North thirty-three
degrees, thirty-one minutes fifty-seven seconds West (N 33' 31' 57" W). a distance
of one hundred six and fifty hundredths feet (106.50') to an iron pin; Thence
by said lands of Edward L. and Shirley I. Keys, North sixty-four degrees thirty-
three minutes thirty-eight seconds East (N 64' .33' 38" E), a distance of one
hundred fifteen and thirty-three hundredths feet (115.33') to an iron pin; Thence
by said lands of Edward L. and Shirley I. Keys, North twenty-four degrees forty-
two minutes fifty-one seconds West (N 240 42' 51" W), a distance of twenty-six and
twenty-eight hundredths feet (26.28') to an iron pin; Thence by said lands of
Edward L. and Shirley I. Keys, North sixty-four degrees twenty-nine minutes ten
seconds East (N 64' 29' 10" E), a distance of sixteen and zero hundredths feet
(16.00') to the point and place of BEGINNING.
Shown as Lot No.4 on a subdivision plan by William E. Sacra & Associates
of 133 South Queen Street, York, PA 17403; Drawing No. lI-I-446A dated December 5,
1983 and revised January 25, 1984. Containing 13,499 sq. ft. or 0.310 acres. .
Together with the right of ingress, egress and_regress in, over and along
a thirty (30') foot right-of-way leading to and from Fairmount Avenue and '
immediately adjacent to the Westernmost boundary of Lot No. 4 and shown on said
subdivision plan as a dirt lane which, as presently used, is only ten feet in
width but which shall have a maximum width of thirty (30) feeL
BEING part of the, same premises 'which Bertha Hoch, Executrix of the Will
of Bertha Keys, deceased, by deed dated October 3!, 1961 and recorded in Deed
Book 20-1, Page 1142, Cumberland County Records, conveyed to William E. Stewart,
Jr., party hereto.
SUBJECT to the rights of third
above described on the east.
persons in the alley adjoining
eooxQ aD PI." 602
the property
\
-
AND. the :said Ironlor a . do hereby tOYenonJ Grid agree.o and with the 'did ,,"n',. , that they
1M grantors, thei r helrl. t.ucu,or, IJnd od"dnls.rator,. shall and will WGrrant ,eMI'II'"
and forne, d4f.nd ,,.. ,....'" oboN df..rlbod
pnmlseJ. with the hereditaments and appurtenance,. 1Into the sold gron",s. their .'1'1 aMCLSslgn,.
ogololSt Ihe .old g,onlo, .. and agaIn., nery olh., person /ow full, .lo/m/"l Or wllo ,11011 "'reqfI.,
clolm the 30me or any PDr' thereof. ,
c!{:J~~r
-:'ir.hool t:;sJ.-Ciill,b po.. Pa.
~ Real Estate rrdllSler Tal
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Dal.. 'f->-'f-r., AmilS' eQ..
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Cumb. Co. l1'sl Cot A&l- "";,
B~""~h at j{/kf h"',"u.-
Curtlb. Co.. PL
-l-,. hu".1 _$ta~1 TranstetTla
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3S-00
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IN WITNESS WHEREOF. .old g,on/o,. IIovehe,eun/o SC/
110, ond )lto, jJrJl ob<wt w,llI.n.
thei~
611lnrb. iJlrolrb anb J)rHbrrrb
in tbr f1rurnrr 01
IIond. and ,eols Ih.
X~~i':~".f..~~...........~
"Q'~~lia... E. Stewa~t. J~. ~
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Re.elved th. do, of the dote of the oboN/nd.nture of the oho.. nOlned G~an tee.
tilt sum 01 Seven thou....nd and 00/100 ($ 7.000.00)' ,...------------------------ DoII4,..
lowjlll mone,ofth. United State'. being ,he con'./deratlon mane, obo.e mtnt/oned Infull.
Wltnell:.~~..~ ir(~~~tew~4~g......
......L..~.4dL.__............... .iJ~~lI~j..r-r'~................
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BOOKQao ,PAGE 603
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SIal. qf sotrra CAROLINA
Coun/yol ~
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A. D,19S'}'. ~fore m.,
Iv
day 01
pe"o""lIyappeared
WILLIAM E. STEWART. JR. and ORIS M. STEWART. hia wife,,,..
.-' \\ft ~"
known 10 me (or sallsfactorily pro~n) 10 ~ th. per.on s who.. nom. s are.i ~~.,. '''''se~l~d
to the wllhln InS/11Im.nt. and acknawl.dg.d that th.y ,x'''''/ld th. sam'lo~"IIJ(Pf'r~. 'tsreln.
contaln.d. ~ :;:,., {(; ,- ':"
In Wltn... Whtr'ol'lhtreuntolttmYhartdandODlclal~.a ~; ,~!~. ii t.;; ; '.
, ~':c:..tOd .....,.....-
C"" ..' '~)-r .~.L
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~~q '" ..~..... r'
My comml,,'ontxplr.. ........;t., .J.:::. ...L........f...................... ", . .:~~ " .
Ill'
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} s~.
CoUnty of
Onlhl.
day oJ
A.D.19 ,btJorem.,
personally apptal'ld
known 10 me (or IISliI[lIClorlly pro~n)
10 the within IlIIlrumenl. and acknowl.dg.d
con/alned.
In WI/n." WhtrlDJ, 1 htreunl. "" my hand and oDlcial s.al.
to bt Ih. person whost nom. ' suscrlbtd
h. 'x<<II/ld Ih. .am.for Ih. purpolts thtr.ln
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_......__....__....#._..__..._._.__..._..._...__..........._...........,__. a&A.L
My commission exp;rits .........__.__.___. __.._...__..__..._. __,_...__.__._........_.
...1....... do htr.by certify Ihallh. preellt r..ld.nc. oflh. wllhln nam.d gran let Is 692 Front S tree t .
West Fairview. Pennsylvania. ....__....~........................
19 AllorntyJor ....~..........................
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Given under my hand and Ihe seal 0 said of)1ce. Ihe dale above writ/en.
.......... ................ ..:... .... ~...\S"ll<.:a.......... R.cord"
eOOK~30 fl,C[ 6C4
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MADE THE 16th .yof April In/hly.,,,
o!oU,LordollfIMlISlIlldlllllfhundr.d eighty-four (1984).
BETlVEE}{ WILLIAM E. STEWART, JR. and DORIS M. STEWART, his wife, of Greenville,
South Carolina,
COMM NWEALTH 01 PENNSYLVANIA } SS
County 1 CUMBERLAND
I Rober P Ziegler, Recorder. do hereby
Certify hallhe forego'lng is a true and
. ci'\'~ct lI'py'as appea!J in, '~ I 0 ..., __ to 0 U-
Vol. ' .,)o-'f Page (f) r?- I
, /''K' Ilnessoilly ~nd oIIiciak S.ialihi~ 0
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Recorder of Deeds ~ f~ :.,;
mission Expires, III Monday, _ 'oJ)
2002 , en ~ ,j
alld 'PETER E. BOLASH and GERALDINE E. BOLASH, hia wife, of the Borougb-ofr~~st
Fairview, County of Cumberland and State of Pennaylvania, as tenants by the
entireties with the right of survivorship,
Granlt' 8 :
WITNESSETH.lhar III collsld.rel/oll of Seven thousand and 00/100 ($ 7 ,000.00) ________J.____
--------------------------------------------------____-___________________DoUa's,
III Mild. JKlld. rhl retelpl whor.of Is hor.by ackllowl.dg.<f. rho sold grollro, do h.reby granr and
COII..y ro rho sold groll'" lGdlk .
ALL THAT CERTAIN lot or parcel of land situate in the Borough of West
Fairview, County of Cumberland, and State of Pennsylvsnia, and being more fully
bounded, limited and described as follows, to wIt:
BEGINNING at sn iron pin, Bald pin being a common corner of lands now, or
formerly of Edward L. and Shirley I. Keys and lands now or formerly of Peter E.
and Geraldine E. Balash, said pin also being approximately one hundred forty-
four feet (144') in a southwesterly direction from the centerline of Front Street
and also being thirty-five and seventy hundredths feet (35.70') in a southeasterly
direction from the southern forty foot (40') right-of-way line of Fairmount
Avenue; Thence by said lands of Peter E. and Geraldine E . Balash and by lands now
or formerly of Raymond L. and Mary Jane Wakefield, South twenty-four degrees
forty-one minutes forty-five seconds East (S 240 41' 45" E), a distance of one
hundred thirty-three and zero,hundredths feet (133.00') to an iron pin, said iron
pin being a common corner with said lands of Raymond L. and Mary Jane Wakefield;
Thence by lands of Grantors, South sixty-five degrees thirteen minutes three
seconds ,West (S 650 13' 03" W), a distan,ce of one hundred fifteen and thirty-three
hundredths feet (115.33') to an iron pin; Thence along a right-of-way of varying
width, said right-of-way containing a 10' wide dirt lane, North thirty-three
degrees, thirty-one minutes fifty-seven seconds West (N 330 31' 57" W), a distance
of one hundred six ,and fifty hundredths feet (106.50') to an iron pin; Thence
by said lands of Edward L. and Shirley I. Keys, North sixty-four degrees thirty-
three minutes thirty-eight seconds East (N 640 33' 38" E), a distance of one
hundred fifteen and thirty-three hundredths feet (115.33') to an iron pin; Thence
by said lands of Edward L. and Shirley I. Keys, North twenty-four degrees forty-
two minutes fifty-one seconds West (N 240 42' 51" W), a distance of twenty-six and
twenty-eight hundredths feet (26.28') to an iron pin; Thence by said lands of
Edward L. and Shirley I. Keys, North sixty-four degrees twenty-nine minutes ten
seconds East (N 640 29' 10" E), a distance of sixteen and zero hundredths feet
(16.00') to the point and place of BEGINNING.
Shown as Lot No. 4 on a subdivision plan by William E. Sacra & Associates
of 133 South Queen Street, York, PA 17403; Drawing No. II-1-446A dated December 5,
1983 and revised January 25, 1984. Containing 13,499 sq. ft. or 0.310 acres. .
Together with the right of ingress. egress and ,regress in, over and alon~
a thirty (30') foot right-of-way leading to and from Fairmaunt Avenue and
immediately adjacent to the Westernmost boundary of Lot No. 4 and shown on said
subdivision plan as a dirt lane which, as presently used, is only ten feet in
width but which shall have a maximum width of thirty (30) feet.
BEING part of the, same premises 'which Bertha Hoch, Executrix of the Will
of Bertha Keys, deceased, by deed dated October 31, 1961 and recorded in Deed
Book 20-1, Page 1142, Cumberland County Records, conveyed to William E. Stewart.
Jr., party hereto.
SUBJECT to the rights of third
above described on the east.
persons in the alley adjoining
BOOKQ 20 PI," 602
the property
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AND,/he laid grantor 9 . do herebycovtnant and agree 10 and with the ,fold granites .Ihal they
lhe grantors, the 1 r hefn. ex~C'U'on and admln/llrala". Jhall Dnd will WQlTQnt gennally
andfa.....r dq"end ,'" "',,11I aba.. dII.crlboJ
pr~mlsel. with 1M Mredllatttttftl.l dnd ap,.,r'cltGl1ces.ltn'o ,-he laid gran/e,s.. their M'" GIld GUlgru.
agalllst Ihe sa/d granlor a. and aga/n" "'1')1 other person lawfully c/a/m/III iJr .,/ro ,/roll "'tWlIl"
claim Ihe saINt or any par' thereof. ,
0~Jnr
-Sr.hO~C"mb po., Pa.
.-190, Real htale fr411$Ier l~
<-
O.ta <f->-"'-Y~ Arnt}.!:. eQ
6'~ /I YI- ....-.-
Cumb. Co. nlSt (.oj. I\ilI. ~
BC""!.'h 0' Jl/A<f h',,'.~-
Cumbo Co., PL
..J....,. hO.., _sta:~ franst.......
0-
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'1A'",~-*: ^ml. ........
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IN WITNESS WHEREOF, .ald granror. havdereu",o"r
day a.d year jlrsl abo... wrlllen.
&fllnrb. 6ralrb anb lleUbrnb
(n Ibr f)rrcrllce of
thai. himd. andseals Ihe
."1!d4:::..t'..~~...........~
"il'~hliam. E. Stewart, Jr. ~
~.2J?i...~...................~
~....................."...................~............._....................~~.........~~..~..~
..~..............~...................~...........................~....~
...........u............................................................ r:!fit;
.,.......................~....................................~.......~
i~~.~~
~~/t,A'C..............
., COMMOI-lWU,LTH Of PENNSYLV.\NIA =
." I 'fPAIHMtNT OF lIE VE'NlIr ==
;:: _rALlY '!;.r.t<.fl E-~' ::
on :~~NSfE~ 4PR2l'IU :{~$.1\ :: 7 O. 0 0 ::
.;:J P.lJ.1I162 _..:.=
ReceIved Ihe day of/he date oflhe aba... I.de.,u" oflhe above .amed Granteea
Ihuumaf Seven thoua.and and 00/100 ($7,000.00).'...------------------------ DtJllafl.
la.,jlll money of/he U./ted SIal... beIng Ihe eo.~/derallan mo.ey above mentIoned I.full.
Wll....:r~~.~ 1I'~~ew'#:d%::......
......L...~.~...................K ,,7J:l....&i~t;.................
, DOT 8 .. .,tevart
...................~....................J..............._.._..._............
..........................................................................:-.
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ilOOKQ ao f~GE 603
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Slalul SOUTH CAROLINA
Countyol ~
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day 01
A. D,19S'?- befon m..
ptrsonallyapptand WILLIAM E. STEWART. JR. and DRIS II. STEWART. his w1f~",.,
laroW"O "'" (or sot/sfac/orlly prove.) 10 be Ih. ptrso. s who.. nom. ~ are /~~~~ ~1Ib.f~lbed
101M wl/hln InS/rum..'. ond ocknowl.dg.d that th.y .x.cultd Ih,' .am,'odlst j1(<r~"h.,.I"
dr.' 'l: 0 .
con/aine. ". e $:.,' r.r ,. - .:..
In Wlt....Wher.o.r.IMnu.,o..lmyha"dO.dOfficlol~.a ~. ~;;~i;; t-:,.';; ;<
. : ~ ;a:. ~ 1 0 ~ -.,... .-
tl'~ h.f............ _n.n nU.. '.. ...~~~_-;.~~.~::!.;~;.~EAL.)"C..
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Mycomml..lo..xpln. m...........~. m ....... .....m.............. . "1.,,, '
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SIolt of
} ss.
County 01
O.,h,.
day of
A. D.19 ,befon m..
ptrso.olly opptand
laro"", 10 "'" (or lOt/sfoelorlly prow,.)
101M within I..,ru"",.,. oM ock.owkdg.d
conlalned.
In Wit.... WMrtO[.1 Mrtllnlo ..., my hand and official stol.
10 be Ih. ptrson who.. nom. ' .u.crlbed
h. '''''CUled 1M IOI11t for 1M purpo... ther.l.
'e
' ~
._-.---._-~---._______......_..___.._..___............__.............___ HeAL
My tommlssion expires ......... _"'___"'.__.....,.__..._..__. ___.___...........
...l.......do her.by certify Ihol Ih. pnclst n.ld.n.. oflh. within nom.d gront.. I, 692 Front Street.
West Fairvie..., Pennsylvania. ...........~.m....................
19 AI/orn.yfor .....~.......m................
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,l> '. ~ .'.. A. D.19.. .~ In 1M Recorder's office of sold County, In Deed Book. 4J -'
" ' ',~:' '. Vol......;0.._........m.Pag........?e.!?e....
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Given under my hand and the sea~ office, the dale above writ/en. '.
.................~..........:..:~..~>.\S"'_ ?
.. ..... Recorde,.
600K~30 fl.CE 6C4
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MADE THE 16th day of April
q{ourLordoMIMlUIIndnlndundred eighty-four (1984).
BE7lVEEN WILLIAM E. STEWART, JR. and DORIS M. STEWART,
South Carolina,
NWEALTH of PENNSYLVANIA } SS
f CUMBERLAND
I Rober f' Ziegler, Recorder, do hereby
Certify hat the foregoing is a true and
erect PV 'as appea~ in;.:.f.\' to 0 .... ___ &:> 0 u..
,Vol.' .,)0 'f Page _ ...... ,
'tnass my hand ieia alihis
. 0
In rhe)'tGr
his wife, of Greenville,
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-0::.._ ;; ;_ar...rtors
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R(ICOrder of Deeds ..... l, f;i : ':
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mission Expires, 1 It Monday, . '"
2002 <7> ." :,
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and PETER E. BOLASH and GERALDINE E. BOLASH, his wife, of the Borough of W~st
Fairview, County of Cumberland and State of Pennaylvania, as tensnts by the
entireties with tha right of survivorship,
.'
Gramt, B :
WITNESSETH,that/n consideration of Seven thousand and 00/100 ($ 7 ,000.00) ________.1.____
----------------~------------------------------------------_______________DoUan.
III Mnd. paid. lhe receipt whereof If hereby acknowledgetl. the fold grantor do hereby gronr and
con..y 10 thesald granlee lGIllk .
ALL THAT CERTAIN lot or parcel of land situste in the Borough of West
Fairview, County of Cumberland, and State of Pennsylvania, and being more fully
bounded, limited and described as follows, to wit:
BEGINNING at an iron pin, said pin being a common corner of lands now. or
formerly of Edward L. and Shirley I. Keys and lands now or formerly of Peter E.
and Geraldine E. Balash, said pin also being approximately one hundred forty-
four feet (144') in a southwesterly direction from the centerline of Front Street
and also being thirty-five and seventy hundredths feet (35.70') in a southeasterly
direction from the southern forty foot (40') right-of-way line of Fairmount
Avenue; Thence by said lands of Peter E. and Geraldine E.Bolash and by lands now
or formerly of Raymond L. and Mary Jane Wakefield, South twenty-four degrees
forty-one minutes forty-five seconds East (S 24' 41' 45" E), a distance of one
hundred thirty-three and zero,hundredths feet (133.00') to an iron pin, said iron
pin being a common corner with said lands of Raymond L. and Mary Jane Wakefield;
Thence by lands of Grantors, South sixty-five degrees thirteen minutes three
seconds West (S 65' 13' 03" W), a distan,ce of one hundred fifteen and thirty-three
bundredths feet (115.33') to an iron pin; Thence along a right-of-way of varying
width, said right-of-way containing a 10' wide dirt lane, North thirty-three
degrees, thirty-one minutes fifty-seven seconds West (N 33' 31' 57" W), a distance
of one bundred six and fifty hundredths feet (106.50') to an iron pin; Thence
by said lands of Edward L. and Shirley I. Keys, North sixty-four degrees thirty-
three minutes tbirty-eigbt seconds East (N 64' 33' 38" E), a distance of one
hundred fifteen and thirty-three hundredths feet (115.33') to an iron pin; Thence
by said lands of Edward L. and Shirley I. Keys, North twenty-four degrees forty-
t1ll0 minutes fifty-one seconds West (N 240 42' 51" W). a distance of twenty-six and
twenty-eight hundredths feet (26.28') to an iron pin; Thence by said lands of
Edward L. and Shirley 1. Keys, North sixty-four degrees twenty-nine minutes ten
seconds East (N 640 29' lOll E), a distance of sixteen and zero hundredths feet
(16.00') to the point and place of BEGINNING.
Shown as Lot No. 4 on a subdivision plan by William E. Sacra & Associates
of 133 South Queen Street, York, PA 17403; Drawing No. II-I-446A dated December 5,
1983 and revised January 25, 1984. Containing 13,499 sq. ft. or 0.310 acres. .
Together with the right of ingress, egress and regress in, over and a1on~
a thIrty (30') foot right-of-way leading to and from Fairmount Avenue and
i~ediate1y adjacent to the Westernmost boundary of Lot No. 4 and shown on said
subdivision plan as a dirt lane which, as presently used, is only ten feet in
width but which shall have a maximum width of thirty (30) feeL
BEING part of the same premises 'which Bertha Hoch, Executrix of the Will
of Bertha Keys, deceased, by deed dated October 31, 1961 and recorded in Deed
Book 20-1, Page 1142, Cumberland County Records, conveyed to William E. Stewart,
Jr., party hereto.
SUBJECT to the rights of third
above described on the east.
persons in the alley adjoining
BOOKQ ao PIEE 602
the property
\
AND,lht said Iranlor B ,do hereby covenanl and agree 10 ond wilh Ihe said granlees ,IMI they
1M granlora, the i r heirl, execulor$ and admlnlslralor" $Mll and will Wd17'Dnt g~ne1'tllly
olld fOTf:N' ~.nd IIY lYre" obavo dtseribtd
premises, with lhe hereditaments and tJpp&lrtenatf.ce.. unlo the &aid granteeS, their Iwln and tUllgru.
ogo/l/$1 /he sold grall/or 8. Olld ogo/n., every olher persall lawfully .lalmlng 0, ...110 slloll IYretl/l.,
claim Ihe same or any parllhereof. ,
'Q-~~r
-Sr,hoOrT:;S;:--Cumb ':0., Pa.
.-UO Real fstala rr4.lSter Tall
.....
Oat.. <t-->-of-t"Y Am!}.!: eQ.
6'~..f!.y#- ~
Cumb. Co. Ot~l Col. "&1- ~
Br'."eh of !t/J h't~'.<.....-
Cllmb.Co.. PL
.J- M.I _sta;~ Transl.Ta
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\.... oj ...J. ..... ...oJt. A&I. ..A::s
IN WITNESS WHEREOF,sald grantor. IIoveh.,.untauI
day and year first 000" wrllltn.
&Illnrb, *ralrb anb lDrltbrrrb
In lbr t)rurllrr of
thei t hand. and uols lite
)f1:~~...f.~~...........~
"~~~l1a.., E. Ste",".2..~r~ ~
~:llliw~.............._..~-~
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.........................................................................n.~
.,....~.........~.................~..................~...............~........ r!iilJ
!~.~.~~
~~&Itr..............
.. r:OMMC'NV{.~MTH or P/;NNSYLVANIA =
", l'Er-AIUM~NT OF H~VENUt :=
::: .rAITY 's..~Vl. E-~' ::
'" :~~NSF[R APRm~ :(~~"I: ~ 7 O. 0 0 =
I':> P.lJ,11I62 __.:::
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R.../ved Ih. day of Ihe date oflh. aOO"lnd.nlure oflh. 000" named Gran tees
lhesumo! Seven thousand and 00/100 ($7.000.00)....------------------------ Dollars.
Io...Jld mon.y ofth. Unlt.d Slates, being tlte (On~/d.rar/on mon.y 000" m.ntlon.d Infull.
-~~~V""~~~'-
......L..~.&tIr.................. ..K .,;lr.t.....Jiiii~......m.......
, Dor a . .,tewart
........................._...............J............._....~....._..~..
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BOOXQao f^GE 603
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SIIIII qf Sotrrl! CAROLINA
ClllUIlyqf ~
Onlhls
}..~
A. D.19i'?- befortl 10',
Iv
dllyqf
pmonllllYllppellrtld WILLIAM E. STEWART, JR. and ORIS M. STEWART, his wife",.,
known 10 me (or ","sftIClorlly proven) 10 be 1M person S whose ftllme s are /~~~~ ~lII>sfr.lb.d
101M wllhln Inslrum.nt, IInd IIcknowl.d,.d that thty ,x,culld Ihl!am'fo~;lilS r.r~' 't5"ln.
conlllln.d. .$:,' o:r t - ':'
In Wltn... WhtrlOf, 1M"unlo !l/ my lutnd IInd officllll StOA " v? /!.~.;!::' ~. ';: ; '.,
f. ~ /.~~)g ~~...:
, .., J,_ _ 7f.':,,;;;,m....... n.... ..... n. n:."(~.,;~~~...~'
My cammllslon .xplr" .,......~f~l<1... ..e'A.-f...n................. . '" ""
-' t'
SIOIl of
} ,~.
Counlyof
Onlhls
day of
A. D. 19 ,befo" 10',
personally IIppeortld
.biD"'" 10 1M (or ""II/llc,orily proven)
10 llu wl/hln InSlruIMnl. and IIcknowl.dgtd
conJoIned.
In WI/n... H'herlOf,IIu....n,o..., my lutnd IInd officllIl Stili.
10 be Ih. person whoSt name, suserlbed
h. eXlClIlld the samefor Ihe purpos" Ih".ln
'e
' ~
~_. ..~________._ ____... _...__...___________..____................._.... 811l.j.L
My tommlssioll expires .........__..__..___.__....._...__..._..._..... ___.e..___._ ____
...I...n..do h"eby certify Ihlll Ihe prtlclse residence oflhe within nllmed ,rlln,ee,s 692 Front Street.
West Fairview, Pennsylvania. ......n...~m.........n...n...n
19 Allorneyfor .....~.........m.m.......n.
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Reco~edonlhl'r:,""'~~3'l' ,1")''1/ ..... ..... ....m.......::;:.....,...
A. D,19..'f., In the Recortkr', officeofsllld County, In Deed Book. If( -'
Vol. .....~?!.....__n....... PIl'L.....~.!?~....
Given under my lutnd IInd Ihe ""~ office.lhe dale above wrlllen.
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600K~30 PI.CE 6C4
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WILLIAM E. STEWART, JUNIOR, called as a
witness, being duly sworn, was examined and testified as
3 follows:
4 DIRECT EXAMINATION
5 BY MR. BRENNEMAN:
6
Q.
Could you state your name, please.
william E. stewart, Junior.
Mr. Stewart, I'm Keith Brenneman. I represent
9 Ed and Shirley Keys in a lawsuit involving Mr. Bolash and
7
A.
10 others. And I'm here to take your deposition for use at a
8
Q.
11 trial that's coming up in the case.
12 Could you state your address, please.
13
14
15
A.
Q.
A.
The one in West Fairview?
Well, wherever you reside.
Now. Well, I just have a post office box, PO
16 Box 14514 Greenville, South Carolina.
17
18
A.
19
Q.
And what do you do for a living?
I'm a preacher.
Q.
Are you familiar generally with property in West
20 Fairview located in the area of North Front Street,
21 Fairmont Avenue and Stewart Lane?
22
A.
23
24 live?
25
Uh-huh.
Q.
Are you familiar with where Shirley and Ed Keys
A.
Yes.
Central Pennsylvania Court Reporting Services
(717)258-3657 or (800)863-3657 or courtreporters4u@aol.com
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4
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1
Q.
How about the Bolashes, do you know where they
Yes.
Do you have personal knowledge of where they
5 live and the land upon which they live?
2
live?
Yes. I built Geraldine's kitchen for her,
7 kitchen cabinets.
10
11
12
c
13
14
3
A.
Do you own property in that area?
Not anymore.
When did first own property in that area?
1961.
And how many acres did you own?
Seven acres.
And was it in the area between North Front
15 street and Stewart Lane?
16
4
Q.
It went passed Stewart Lane. It was from Front
17 Street almost up to High Street.
18
6
A.
Now, before 1961 when you acquired the property
19 in that area, were you familiar with the properties in that
8
Q.
9
A.
Q.
A.
Q.
A.
Q.
A.
Q.
20 area?
21
;22
23
o
A.
A.
24
25
A.
Yeah. I lived there all my life.
Q.
Where did you live?
I lived on High Street.
Q.
For how long?
Well, I lived there until I got married, which
Central Pennsylvania Court Reporting Services
(717)258-3657 or (800)863-3657 or courtreporters4u@aol.com
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was from 1937 when I was born. I lived in West Fairview up
until 1962. Then I bought that property in order to
3 when we got married, I wanted to buy the house, and
4 everything, and fix it up before we got married.
5
Q.
Mr. stewart, the area between North Front Street
6 and Stewart Lane, are you familiar or have you ever known
7 of an alleyway off Fairmont between those two streets?
8
9
A.
Q.
No.
To your knowledge, was there ever any paved road
10 or alleyway whether it's macadam, stone or otherwise in
11 tha t area?
~,,',.
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12
13
14
15
A.
Q.
was?
A.
16 whatever.
17
Q.
18 knowledge?
19
20
A.
Q.
No.
Do you recall what the condition of that area
Just grass and trees and, you know, bushes and
Was it ever anything different, to your
No.
And when did you sell your land, your last piece
21 of land, that you owned in that area?
22
A.
It was last year, as a matter of fact. I sold
23 the piece which was -- let me see where this is at again.
24
Q.
Let me indicate for the record you're looking at
o
25 a plan from plan book 45, page 81. Is that correct?
I
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6
13
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2
3
A.
Yeah.
Where's Front street on here again?
Q.
(Indicating) .
This is the piece I just sold right there, way
4 on the left here. I sold that to my brother-in-law.
5
MR. BRENNEMAN: I'm going to mark this
6 Defendant's Exhibit A.
7 (Defendant's Exhibit A was marked.)
8 BY MR. BRENNEMAN:
9
Q.
And I'm going to you ask you if you can identify
10 this as a final subdivision plan of William E. stewart,
11 Junior, and Doris M. stewart of property you owned in West
12 Fairview?
A.
Yeah.
Q.
Now, you just referred to a portion of this plan
15 that you said you sold last year. Is that correct?
A.
Yeah.
Q.
And you indicated, did you not, an area
18 adjoining Front Street?
A.
Yeah.
Q.
Which on your plan would be on the left side of
21 the plan as you face Front street?
A.
Where the mobile home was. My mother-in-law
23 used to own that mobile home.
Q.
You sold that in 1999?
A.
Yeah.
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Q. And prior to that time, Mr. Stewart, did you
2
live in this general vicinity?
3
A.
No.
4
Q.
When did you last stop living in this area?
5
A.
I stopped living there in 1983 when I went to
6 South Carolina to go to school.
7
Q.
And before 1983, Mr. Stewart, did you conduct
8 any business or any work on property you owned there?
9
A.
You mean since 1983?
Q.
Before.
A.
Before, yeah.
Q.
What business or what work?
13
A. I used to live there, and I had my own cabinet
14
shop business there. That was up on probably this
15 (indicating). That's my cabinet shop used to be here, used
16 to be here, but I gave it to the church, and I put it up
17 here. I gave this property to the church.
18
The structure you called the cabinet shop, is
Q.
19 that depicted on Exhibit A as one-story framework shop?
20
21
23
A.
Yeah.
Q.
And that would be I'll just say generally above
22 this dirt lane which is what road?
A.
Stewart Lane. That wasn't Stewart Lane
24 originally, like I said. But when I sold this piece of
25
property up here and built my sister's house, then we
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needed to have a name on the road, so she said name it
2
Stewart Lane.
3
Q.
Mr. Stewart, are you aware of anyone, and I'll
4 use the point up to 1983, obtaining access to Fairmont
5 Avenue across any portion of the property owned by the
6 Keys?
7
A.
No.
8
Q.
Do you know when the Bolashes obtained their
9 property?
A.
Not exactly. They obtained it after their
11 father had -- her mother had died. Then her father lived
12 there for a couple of years. Then he had remarried another
13
lady. She lived out in the Wertzville area. Then he moved
14
out there to her house and either gave that to Geraldine or
15 sold it to her, whatever. I don't know.
16
Now, you indicated that your recollection is
Q.
17 that the area between Stewart Lane and Front Street was
18 grass and wooded area. Is that correct?
19
A.
Yeah.
20
Was there any time that you recall that anyone
Q.
21 cleared out trees in that area?
22
No. I'm the only one that ever cleared out any
A.
23 trees. That was this piece of property behind Bolashes.
24
And you're referring to lot 4. Is that correct?
Q.
25
Yeah.
A.
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Q.
Do you recall when you cleared trees off that
Oh, boy, I'm under oath now, you know. I don't
4 want to say one year and not another year.
2
area?
If you're not sure, that's fine.
6 (Defendant's Exhibit B was marked.)
3
A.
7 BY MR. BRENNEMAN:
5
Q.
Mr. stewart, I'm showing you what's been marked
9 as Defendant's Exhibit B, and I ask if you can identify
8
Q.
10 that as a deed you and your wife gave to the Bo1ashes?
11
12
c
13
14
15
16
A.
Yeah, that's the deed.
Q.
And, Mr. stewart, that indicates on that
document lot four on a subdivision plan by William Sacra
A.
19
22
24
25
and Associates?
Yeah.
Q.
And I ask you if lot four is depicted on
A.
17 Defendant's Exhibit A, your subdivision plan?
18
Yeah, here (indicating).
Q.
And you're indicating the dark portion that
20 adjoins the dirt lane?
21
A.
Right.
Q.
The dirt lane is to the west of that lot you
23 just pointed out. Is that correct?
o
A.
Yeah.
Q.
Now, one final item. Is there an alleyway
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depicted at any point on your subdivision between Front
2
street and the dirt lane which is stewart Lane?
3
A.
None that I ever known of. Even when I passed
4 newspapers back there when I was a boy, there was never
5 one. Even my sister, who passed before I did, never saw
6 one or knew of any.
7
MR. BRENNEMAN: That's all the questions I have.
8 Thank you. Now Attorney Hitchings can ask you some
9 questions.
10 CROSS-EXAMINATION
11 BY MR. HITCHINGS:
12
o
13
14
Q.
Mr. Stewart, my name is Joe Hitchings. I
represent the plaintiffs in this matter, Mr. and Mrs.
Bolash as well as their daughter. I notice you're wearing
15 an ear piece. If you don't hear me, just say so and I'll
16 repeat myself.
17 As I understand it, you purchased this property
18 back in either '61 or '62?
20
21
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19
, 61.
A.
Q.
And you lived there up until 1983?
A.
Yeah.
22
At which time you went to South Carolina to
Q.
23 study to become a preacher?
24
Yeah.
A.
25
Have you lived back in West Fairview at any time
Q.
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since 1983?
A. Huh-uh.
Q.
You have to answer verbally.
2
3
4
5
A.
No. No.
Q.
She has to take everything down. Shakes of the
6 head won't cut it, everything has to be verbal.
7 So in 1983 the Keys were living in their current
8 residence, correct?
10
11
12
o
15
16
17
9
A.
13
A.
Yes.
Q.
As were the Bolashes, correct?
Right.
Q.
And the deed that was marked from you to the
Bolashes is dated when? What is the date on that?
25
A. 16th day of April.
Q.
1984?
14
A.
Yeah.
Q.
So you actually sold that property to the
18 Bolashes after you had left the area, correct?
19
A.
It was at the same time I left the area. We
20 were working on the deal, you know, because I left in late
21 '83 to go to South Carolina.
22
Q.
What I've uncovered in going through this case
23 is that most of the folks involved are related. Are you
24 related to either the Bolashes or the Keys?
o
A.
No.
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1
Q.
No blood relation there?
2
A.
No. Praise the Lord for that.
3
Q.
I understand.
4 You were asked questions by Mr. Brenneman
5 concerning whether or not there was ever, to your
6 knowledge, any alleyway between the Keys and the Bolash
7 property running out to Fairmont Avenue, and your answer
8 was no. Is that correct?
9 A. Yes.
10 Q. Is it then your testimony that at no time up
11 until 1983 when the Bolashes were in their property that
C)
12 you saw them taking boats back and forth behind their
13
property out to Fairmont Avenue?
14
A. As far as I know, they didn't take any back
15 through there. I wouldn't say I've never seen them. As
16 far as I know, I've never seen them cross that property.
o
17
Q.
Did you ever see them store any boats or other
18 equipment back behind their yard?
19
No, I don't think so, because back behind their
A.
20 yard was my property at that time.
21
Which subsequently based on your deed in '84 was
Q.
22 sold to the Bolashes?
23
A.
Right.
24
Which in turn has been sold to their daughter,
Q.
25
Tina?
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A.
Right.
And she's also a plaintiff in this case.
Did she buy that whole piece of property from
Yeah, I believe she did.
I know she built a house. I didn't know whether
7 he sold her the whole piece.
2
Q.
Yeah, I believe she did. Not that it's
10 (Discussion held off the record.)
3
A.
MR. HITCHINGS: I want you to take a look at
12 what's been marked as your Exhibit A. I'm going to spin
o
4 Pete?
5
Q.
Can I put an X on there?
MR. BRENNEMAN: Sure.
16 BY MR. HITCHINGS:
6
A.
I'm going to put an X here. Right here there's
18 a blue pen X right on Fairmont Avenue. Do you see where I
8
Q.
Yeah.
Do you see what appears to be a broken line
22 running looks like behind the properties of Balash, Keys,
9 relevant.
11
13
this around.
23 as well as the Wakefields?
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15
17
Q.
Yeah.
And do you see how that line somewhat curves?
19 put that?
20
A.
21
Q.
24
A.
25
Q.
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A.
Yeah.
2
Q.
Do you have any knowledge or indication as to
3 what that line designates?
4
A.
No. Let me say this, the only thing that that
5 could possibly designate at some time, even before I bought
6 the property, if there was anything at all there, it would
7 have probably only been used for this, because this was a
8 big farm which had a lot of orchards and stuff on it.
9
Q.
When you say this, what specifically are you
10 referring to?
11
A.
I'm saying this piece of property right here,
12 all of this. In fact, all of this, this was one great big
13
farm at one time. You know what I'm saying. Other than
14
that, I've never known of anything at all in there that
15 indicated a road or alley or anything at all. It was
16 always grass and trees grown up.
17 (Discussion held off the record.)
18 BY MR. HITCHINGS:
19
Let me back up a little bit. You purchased your
Q.
20 property in '61, correct?
21
Yeah.
A.
22
Who owned the property before you?
Q.
23
A.
Keys.
24
Keys. What was their name?
Q.
25
Oh, boy.
A.
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1
Q. Not the Keys who are the defendants in this
2
suit, not Ed and Shirley Keys?
3
A.
No. It was Geraldine's grandmother and
4 grandfather.
5
Q.
Bertha Keys?
6
A.
Yeah.
7
Q.
Bertha Keys owned then not only the section of
8 ground that you purchased, but also the property that the
9 Bolashes now own and the Keys now own, correct?
10
A.
I don't know about that. I don't know how far
11 that went back. And I don't know whether Geraldine's
12 father acquired that property from his father and mother or
13
not.
14
Q.
But I guess the question I'm asking, do you
15 know -- and, again, this is only to your knowledge. Do you
16 know whether Bertha Keys at one point in time owned both
17 the Bolash property, the current Bolash property, as well
18 as the current Ed and Shirley Keys property?
19
I'm not positive about that. AIls I know is
A.
20 what my father told me, that that whole area, that whole
o
21 thing was one big farm at one time. So it apparently got
22 divided up.
23
And that leads me to my question, do you know
Q.
24 who subdivided that property? When I say that property, I
25
mean the farm.
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2
A. You mean when Bertha Keys and I think Sam Keys
was his name. No, I don't know who did that.
3
Q.
So if I showed you a plan of property Mrs.
4 Bertha Keys prepared by DP Raffensperger dated January 3,
5 1953, have you ever seen that document before?
10
11
12
13
15
6
7
8
9
A.
No, I don't think so.
Q.
Never seen that plan of property before?
A.
I don't think so, not to my knowledge anyhow.
Q.
It appears to be dated 1953. Is that correct?
A.
I don't know.
Q.
Is that the date that's reflected on the sheet?
A.
Oh, yeah, that's the date on the paper.
Q. And '53 would have been prior to your purchase
14
of your property, correct?
19
20
21
23
24
A.
Yeah.
16
MR. HITCHINGS: Just give me a second.
17 (Discussion held off the record.)
18 BY MR. HITCHINGS:
Q.
What year were you born, sir?
A.
1937.
Q.
And you lived in West Fairview around this
22 property your whole life up until '83?
A.
Yeah.
Q.
I'm going to show you a picture, it's a black
25
and white picture; appears to have a date of August '58 on
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the top. Do you have any idea what that depicts?
2
A. That looks like the property that you're talking
3 about. This is an old barn here. This is an old barn that
4 I had torn down. And there was a chicken coop up here.
5 And this is the house, this house (indicating).
6
Q.
What direction would that be looking from, if
7 you could say?
10
11
8
A.
That would be looking here (indicating).
The Bolash property downward?
From Fairmont down.
Q.
Which would be across what is now the Keys
9
Q.
12 property, Bolash property, the Wakefield property, the
13
14
15
A.
church property?
A. Right.
Q.
I want you to look about three-quarters of the
16 way up the picture. Do you see what appears to be some
17 type of line or groove in the ground?
18
20
A.
19
A.
21
22
23
Well I see that, yeah. No question about that.
Q.
What does that look like to you?
It looks like a rut to me.
Q.
Possible tire track, tire ruts?
A.
I'm not going to say that because I don't know.
Q.
But it appears that it goes straight through all
24 the way back to whatever that building is --
25
A.
Yeah.
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2
A.
Q.
-- that's depicted on the left corner?
3
Yeah.
Q.
And, again, that bears a date August '58. Is
4 that correct?
5
A.
Uh-huh, yeah.
Q.
And you were living around this property in
6
7 August of '58?
10
8
A.
I was living up on High Street in '58.
Q.
Which is how far?
9
A.
In '58 -- no, in '58 I was in the military from
11 '55 to '59.
12
13
Q.
So from 1937 to 1955 you lived at the property;
'55 to '59 you were in the military?
18
A.
14
A. I lived in West Fairview up until I went in the
15 military. Then I was in the military from '55 to '59, and
16 then I came back to West Fairview.
17
19
Q.
From '59 to '83?
Yeah.
Q.
Have you ever been back to the property say
20 within the last year?
21 A. Well, I go back and visit my uncle who lives
22 right actually right here on Front Street.
23 Q. He lives on Front Street?
25
24
A.
Yeah. And I had to get back to take care of
this piece of property also.
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1
2
Q.
That is the property which is
A.
Mobile home where it's at. The piece I sold
3 last year to my brother-in-law.
4
MR. HITCHINGS: I believe that's all the
5 questions I have, but just give me a second.
6 (Discussion held off the record.)
7 (Plaintiff's Exhibit No.1 was marked.)
8 BY MR. HITCHINGS:
9
Q.
Mr. stewart, there's a hand-written notation on
10 the back of the picture that I had shown you. It appears
11 to be a Danny Shuey. And there appears to be a small boy
12 in the picture. Do you know who Danny Shuey is?
13
15
16
14
nephew.
A.
Yeah, Danny Shuey is Geraldine's grand
17
Q.
Grandnephew or just nephew?
A.
Nephew.
Q.
Can you say by looking at his back in this
18 picture if that's Danny Shuey?
20
19
A.
I wouldn't know him if I saw him today.
Q.
As far as you remember, back around this time in
21 August of 1958, is that what the property looked like in
22 '58?
23
A.
That must be the property if they took a picture
24 of it. If the picture's legitimate. But this building
25
here was not here whenever I bought the property.
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1
2
3
4
A.
A.
Q.
In '61?
This is like a corn grip or whatever that is.
Q.
Which is on the top right corner I'd say.
But that wasn't there when I bought the
5 property. This was all growed up. Everything here was
6 growed up when I bought the property. In fact, I had to
7 clear all this out here, because I had a garden right in
8 here, a huge garden. I had a big garden right in here, but
9 all this was growed up with thorns and brier patches and
10 everything else.
11
Q.
There appears to be a fence right where the boy
12 is bending over.
13
14
15 property?
16
17
18
19 here.
20
A.
A.
A.
Yeah.
Q.
Was that fence there when you purchased the
Yeah.
Q.
Do you know how long that fence stayed there?
They stayed until I took part of it down up
Q.
Took part down. That isn't reflected in the
21 picture. You seem to be pointing off the picture.
22
A.
It was an old fence row going up there. And I
23 don't know what -- like I said, I don't know whether
24 because she sold this house, I don't know whether
25
Geraldine's father bought it from his mother and they had
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1
this fence row going up through here for some reason, I
2
guess to divide this off which was connected to Ed's.
3 That's the only reason I knew it was there. And then I
4 took it down anyhow because it wasn't worth anything.
5 But all this property was all just completed
6 growed up when I bought it.
7
Q.
And you're saying that was in '61?
8
A.
Yeah.
9
MR. HITCHINGS: That's all the questions I have.
THE WITNESS: The property set completely empty
11 for probably three, three and a half years before I bought
12 it. They wanted $9,000 for it 9riginally. And I didn't
13
want to pay that much. And I just waited, then I bought it
14
for 7,000 in a couple of years.
15 REDIRECT EXAMINATION
16 BY MR. BRENNEMAN:
17
I just have a few questions, Mr. Stewart. You
Q.
18 indicated that the area depicted in this photograph when
19 you bought your property was grown up, and you had to clear
20 it. Is that right?
21
Right.
A.
22
Are we talking the entire area?
Q.
23
Yeah. Well, except from this side. I'm sure
A.
24 this side is either Ed's or was behind Geraldine's here.
25
You're referring to the portion of the
Q.
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1
photograph in front of the fence.
Is that right?
2
,A. Yeah.
3
Q.
When you said you cleared the property indicated
4 in this photograph, what did you clear it of?
5 A. Well, I just cleared it of weeds and brush and,
6 you know, just thorns and brier patches and stuff like
7 that.
8
Q.
When you did that, was there any indication that
9 any area of that property had been used for trucks or
10 vehicles
11
A.
No.
12
Q.
-- to go back and forth to Fairmont?
13
A. No. The only thing that ever was used that I
14
know of was Stewart Lane which was just a dirt road. And
15 it seemed like whoever owned this property at one time used
16 this like a dirt road up here at the top there, which is
17 Stewart Lane now. And that's why we eventually made it a
18 street and gave the right-of-way back to my workshop which
19 was sold to another person, and back to my sister's
20 property.
21
MR. BRENNEMAN: That's all I have.
22 RECROSS EXAMINATION
23 BY MR. HITCHINGS:
24
Just very briefly. And I don't know if I asked
Q.
25
you this before or not, Mr. Stewart. Your plan that's been
I
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1
marked as your Exhibit A has a date on it of -- it has a
2
planning commission date of 3/20/84 and looks like a
3 submission date March 7th, 1984. Does that square with
4 your recollection of when this was filed, March of '84?
5
A.
Yeah, Greg Reed in Harrisburg filed it, the
6 attorney.
7
Q.
And actually the Recorder of Deeds stamp on the
8 top shows April 30th of '84. And that squares with your
9 recollection as well?
10
A.
Yes.
11
Q.
Do you have any knowledge as to whether William
12 Sacra and Associates who prepared this plan reviewed the
o
13
15
o
prior plan of Bertha Keys in preparation of this plan?
14
A. I have no idea.
MR. HITCHINGS: That's all I have.
16
(Discussion held off the record.)
17
(Whereupon, the deposition was concluded at 1:09
p.m.)
18
19
20
21
22
23
24
25
Central Pennsylvania Court Reporting Services
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1
COMMONWEALTH OF PENNSYLVANIA
SS.
2
COUNTY OF CUMBERLAND
3
4 I, JILL L. ROTH, a Court Reporter-Notary Public
5 authorized to administer oaths and take depositions in the
6 trial of causes, and having an office in Carlisle,
7 Pennsylvania, do hereby certify that the foregoing is the
8 testimony of WILLIAM E. STEWART, JUNIOR.
9 I further certify that before the taking of said
10 deposition the witness was duly sworn; that the questions
11 and answers were taken down stenotype by the said Reporter-
12 Notary, approved and agreed to, and afterwards reduced to
o
13
14
computer printout under the direction of said Reporter.
I further certify that the proceedings and
15 evidence are contained fully and accurately in the notes
16 taken by me on the within deposition, and that this copy is
17 a correct transcript of the same.
18 In testimony whereof, I have hereunto inscribed
19 my hand this 18th day of August, 2000.
20
21
22
1I0TARIHS
JILL HO,.
CA:'~i.:~~8:M~~s HOV.
Public
23 My Commission Expires November 13, 2000.
24
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Central Pennsylvania Court Reporting Services
(717)258-3657 or (800)863-3657 or courtreporters4u@aol.com
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F'
AUG . ~8 .
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COMMONWEALTH of PENNSYLVANIA } 55
County of CUMBERLAND
I Robert P. Ziegler, Recorder, . hereby
Certify mat me foragolll9ls. tfu8l111d
CO,HV~~ ~ J1- P8ge q to 0 - %If
~~f~~
My Commission .......111 MaI_
January 2002
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P,f:.:orlDer..or
lIECOR"'R F,~! (Ii: rill.
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PF.HHSYlvi~J~'lt
HAY 20 1133 AH '82
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No. 536
n;r;.HBJI'I.I, OEED-T)"powrll.,
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/q -day 0' -"7
~ in the year 01 our Lord 0",
fhou.:lafJd Nin~ /lunt/red and Eighty-two,
iBl'tWl'l'lI. EDWARD L. KEYS und'SHIRLEY I. KEYS, his wife and WILLIAM E.
STEWART, JR. and DORIS M. STEWART, his wife, all of the Borough of
West Fairview, Cumberland County, Pennsylvania, Grantors, Parties
of the Fir5t Part,
AND
E~~D L. KEYS and SHIRLEY 1. KEYS, his wife, of the Borough
of West Fa1rv1ew, Cumberland County, Pennsylvania, Grantees, Parties
! :
)1 the ~ecu"d part, IHtltP!i!i1't111'1I1l' 'lie 4fJidpurt iesf'l tile fir,,' purt,lur "'HJ ;n con.ideratiOft
'f Ihe ,.m of $1.00 and other valuable consideration
Vollara, laloflll muney (II thc Uilited StlltC8 of A1Ht'r;cu, fl:ell and t,'uly paid by tILe laiel partieS 01 tlu
~eco'ld part to tile 8aid part ies of tile fir,t part, tit alld before the Rl'ol;'lg and delive"1! of th~.,
pre8l'nts, thc receipt w}lcrcof is hereby uckllotcletlged. have
IJrrmted, bargained, 8old, aliened, en/eolfed, relea8ed, cOlLl'eye~ and confirmed and by Ihe8e pro.ent, df.
grant, r,.argain, .ell. alien, enfroJl, release, con1:cll, ami confirm unto the .ald paM ies 0'
the .eco"d p'''' ~es their Ad,., and aRRign,.
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All THEIR RIGHT, TITLE AND INTEREST in and to ALL THOSE CERTAIN lots
or pieces of land, with the buildings and improvements thereon erected,
situate in the Borough of West Fairview, Cumberland County, Pennsylvania,
boundej and described as follows:
BEGINNING at a point' :111 the center line of North Front Street which
point is at the center of a partition wall betwe~n premises 692 and
694 North Front Street, said point being also South 240 40' East
40.51' from the Southerly line of Fairmont Street;thence through the
center of the partition wall and beyond South 660 24' West 152.02';
thence South 240 40' East 26.28'; thence South 640 30' West 123.76'
along the lands now or late of William M. Stewart and Doris M. Stewart;
thence North 290 30' West 62.14' to a stake on the Southerly line of
Fairmont Street; thence North 640 30' East 281' to an iron pin in the
center line of North Front Street; thence North 21 degrees 5 minutes
West 26.91 feet to a point; thence North 71 degrees $ast 131 feet to
a point on the Westerly line of the Susquehanna River; thence along
same South 22 degrees East 54.48 feet to a point; thence South 65
degrees 20 minutes West 129.51 feet to a point, the place of BEGINNING.
r'o"~Cl,oo'r "60
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DEFENDANT'S
EXHiBIT
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HAVING thereon erected a two and one-half story frame and
asbestos dwelling known as 694 North Front Street and a one
. story frame building on Tract No.2.
UNDER AND SUBJECT to all restrictions, reservations, conditions
and limitations of record against said premises.
BEING the same property which Harry E. Houser, Sr. and Mary
E. Hous,er, hi s wife, by deed dated June 27, 1979 and recorded
in the office of the Recorder of Deeds in and for Dauphin
County at Deed Book "M" Vol 28, Page 869 granted and conveyed
unto Edward L. Keys and Shirley I. Keys, his wife, and also
BEING part of the property formerly owned by William E. Stewart, Jr.)
and Doris M. Stewart, his wife, having been granted and conveyed
to the Stewarts from William E. Stewart, Jr. by deed dated July 22,
1977 and recorded in the office of the Recorder of Deeds of
Dauphin County in Deed Book "M", Volume 27, Page 836, which part
of the property William E. Stewart, Jr. and Doris M. Stewart, his
wife, acknowledge has been adversely possessed by Edward L. Keys
and Shirley I. Keys, his wife, and their predecessors for over
twenty-one (21) years.
This deed is a corrective deed only.
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W'o.grt11rr wHll all and ,ingular, the tenement.., hereditammtl an-d appurlmMJ<<, '0 t1t.~ IlInw
fJclongingor in anyu1iu apperlaillhlU. and the reversion tmd reversionl, remainder and remainder"
"ent,. i,sues, and profita th~reof,' AIt~ uino all the Ciliate, right, tiUe, inttJr"eat, propertll, olaifl!
end dN11and tchattoevcr, both in lato and '-'luity, 01 t/lr, Raid part ies 01 'Atf firll parI, 0/, ill, I.
,.,. out 01 the taid prr,,,i.r,,, and ~t'm"1I pt".t and pa'c~l then'of
iiJo lraue nUll to 1101b Ih< .aid pr'mi~... with all and .ingular II". appurt...",nc.., unt.
OU11(1jd part ies 0/ the lecond part, the~r heirs and auiU,.s, to and lor the only proper
,,,. and b.half of the ,aid partieS of tho ..aond part. thel.r h.l" and '","11/'"
forever,
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TUE SAID Parties of the First Part, for themselves and their
lu:i,." eg:ecutor, and admin-iltrator" do
I/!ith the ,aid pnrl ies ot the 8~"ond pan.
<udgn., that they 1M ,aid Partles
bV lllne pre.ent.. Cot>e'n.ant, grant and agree 10 cmd
their h..... aM
of the First Part, and their
Il.eir, all and ,ingular the AeretUtamentll and premillC8 Aereinabove de,cribed. and. granted or merdloned,
ftnd intended,o to be, with appurtenance!, unto Ute Raiel part ies 01 th.e "econd part, their''-j ~
lIei,., and allign" again8t the 8aid part les of the first part and the~r heir. and again" all _;
"nd f!t-'ery other persn.. or per.n". tlIhom.lof"t'", laio/tllly olaiming or to claim the ,ame or any pan
rhr.TCO!, . .hall and will. bll'he.e present" WARRANT AlID FOR- .':_
l>JVER DEFEND ....:,
11u mUnr.65 l1iI111'rrof
"'..""nto ..t their luJr.d S
,r'
tAt .aid pal"lies
a..d .ealS
of tho flrat ,...rt
the day and year lirst above written.
haVe.. .
8i~ed, 8,ealed and Deliterad
~...::.,ili.t&b'e Presence of' .
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= At.;"O:~:..~Il...Io'~{~'fkPft-..d.:~1_..............,......,
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W:p;1;AM"'E"~""s;f~roh';'jrC'~""""""'" "'4
..ffla1..a,..2l2...~cL........................ (SJUL)
DORIS M. STEWART
........................................................................ (SEAL)
........................................................................ (SEAL)
........................................................................ (SE~L),
........................................................................ (SJUL)
(SEAL)
(SEAL)
.........................................,............................,.......
(SIUL)
(SlIJ.LI
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l'UJI JlU.\ lI'K-lL7'1I U~' l'f:S.\'S ILl AN '-' (
'JOUNTY OF ....C..k/.??4.'~L.'l.'::-:-?..,..............,..) RI!l;
Un Ilde, llie ......,../..f...~~J"y "I ..m.Il.f..........,.........,.............................., 1U.8..,;l.; belare ""
.. ,a,..Uo.t"'17,y...P.ubl.iC...in..,an.d.,.E 017..,.s a.i d...S.ta1:e...and...CO'UXl.ty..............., , he "n d er,igned
'11 ic." ]lm"IIUll y a pl'"a,'ed ..~.s1",.?:?:'.~!.., ~ ,.. ..r.,q;:r:~., .!!-X! 9.,..?~~!..l.~y..J.:...E!:.Y..~,:...~~, ~.~~.a.~..,~,:.....
.,.,'H.ew.i'.;r..t....Jr.......\lnrL!2Qr.i~...M....~.t"'w.<;\rJ............,..,......................................,..,.....,................,..
",..............,..,.."................,..................,..............................,....,..........,.............,...............,................"..............,..
i:7tOlf.'tt to me (or 8uli8frtctvrily [Jrotll:u) to be the pcr8U't~............... U:/W88 nume~...~;r.~......-qll~s(.:(io~..n..I..". "
, ',., ..' (\ d J.. Ii ....
the within illlltl~lltIl(,llt, and UCI.:tlOll:/c:d{jI:d that ............tllly,.........., ('g:ecllfct! the II/Ime ft~r (PR..,tpl1t;(1J11/" "oj "'.
, ."" ..1"-:\ S'I 0"
rherdn contained. ~.. l) .... '.~. ~-::.
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IN 11'J'l'NES8 n'llBNl~'f)r, I hereunto 8et lilY hutltl U/~d uf . .jflI8.~lJ ~:. _.: :! n -: :-.
.'.t: c:');
. ........,..........,.. ~ ........,..... .;.tAUtt"'" ;~'n.'t. ft;"1'II1:~"rJ>dll'2:l ,'1."-.1" ~.:
.. .'. . .hlt r.'ll'\IltW. ci'~'v:-d,.,a--'t,b'~~"4L.\'i'.. . .";:, J
Jly com,lIUl810n C3[Jlrc8. .............~.........,..................:.,...........'.,..w. . \~.
"lICtlr..\.tl&1tt'tlll'u..)~...a.,\'),. ',(~ .'
[ herelJlI cfdify tflat tht} ['recise Residellce of the GmltteeJ in tlte 1cithin DeedJ is '["'::;"I~l..::::...~,). ......
....,..............(p,..N:....&~..,..f~.t.......Shl,h..,....1<!..-!::?.t....f.~...!:....:..../:7.: .it-'::S
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, torney for
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COJ/JIOX)I'EdLTIl Oi" l'8.\'SSY/'VANIA }
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..........:..:..,.:C>((Z;~.(;r:ilb];4 COUNTY, .
iIlr'l1~lirli : 1"n th~,',,",cOffjC€ f,or Recording of Deeds, Mortgages, etc., in and
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for the 90l;~'fY01,\t"'ilic(CL.d?;!'r.i.in Deed Book ...1. Vol....??;....
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UHtill'l;i .) My I-!:{nd and Seal of Office, thisc;?C? day of
. .,' ;'1: 1:,'."/lJ/1 AD' '19JS:?
....,::.....,..J.~'1.. noo omm' ~~~
~l10V ~:J r,\C, 863
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REALTY TRANSFER TAX
AFFIDAVlT OF Vi\lUE
FOR RECOR'p~R'S USE ONLY
BOOK NUMBER ..;(/ -;
PAGE NUMBER ~ ~j. a..
DATE RECORDED /)/;'I:1/:~'?
R C c.~ I 0 ()'69)
COMMONWEALTH OF PENNSYLVANIA
DEPARTM[NT Of REVENUE
BUREAU OF COUNTY COLLECTIONS
COMPLETE APPLICABLE SECTIONS IN fULL ANO FILE IN DUPLICATE WITH RECORDER OF DEEDS WHEN (l) THE
FULL CONSIDERATION IS NOT SET FORTH IN THE DEED, (2) THE TRANSFER IS WITHOUT CONSIDERATION OR A GIFT.
OR (3) A TAX EXEMPTION IS CLAIMED. (REFER SECT. 8. RTf ACT OF DEC. 27,1951, P. L. 1742 AS AMENDED)
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SECTION I
1.:1)\\,1\1(1) L. KEY::;. d ux Jfil'JMPLETE FOR ALL TRANSACTIONS)
l,VlLLIAid E. STE\,;'AiZT. ct ux (;9/1 North Front Strel:t, West Fairvicw, PA
17025
<JRANTOIi is)
I-:DIV1\RD L. KI':YS and
SI1lJ(LEY L. KI::YS. hIs wife
GRA.NTEE (S)
ADDRESS
694 NOl'ill Front Street, Wpst F'airvicw" PA
AODRt::SS
1711 7~
LOCATION OF LAND. TENEMENTS ANO HEREDITAMENTS:
Lots of bnd sitllatt' in \'lt~:H Fait'vit:w Borous.h. Cllmbcl"1and County, Pennsylvania
k.D.. ST"EET ~ NUMB!::" o~ OTHER DESCflif'flON NAME 0.. I..oeAL GOVE,FlN....F;NT...L UNIT COUNTY
FULL CONSIDERATION.$ I. no
FAIR MARKET VALUE S
HIGHEST ASSESSED VALUE S
REAL TY TRANSFER TAX PAID $
EXEMPT
TAX EXEMPT TRANSACTIONS: IF TRANSFER IS PARTIALLY OR WHOLLY EXEMPT, SHOW AMOUt-lT EXEMPT,
REASOI'l (S) AND CITE PORTIOH OF LAW.
1'111::; IS 1\ COlnU:CnVE DI,lm ONLY.
IF THIS IS A TRANSFER FROM ~ ST~_^W, A..9:E~T OR TRU_~:r ~GRE~MENT, COMPLETE THE REVERSE SIDE,
SECTION II
(COMPLETE OHLY IF PROPERTY WAS SUBJECT TO LIEN OR MORTGAGE AT THE TIME OF TRANSFER)
EXISTING MORTGAGE: S
Dl SPOSI TION
M1)RTGAOEE:
ADURESS
EXISTlHG MORTGAGEI $,
DISPOSITION
MORTGAOEE
ACDRESS
EXISTING LIEN OR OBLIGATIOi'll $,
DISPOSITION
L1I'NHDL.DER
AOOl'fE.5S
EXISTIHG LIEN OR OBLlGATtOl-h $
DISPOSITION
L1I:;NtiOLtJl:n
ADORESS
SECTION III
(COMPLETE ONLY IF TRANSFER IS RESULT OF JUDICIAL SALE)
OFFICIAL CONDUCTING SALE
Tlrl..l:.
NAME
A'Dor~ESS
SUCCESSFUL BIDDER
NA.ME
ACORESS
TITLE
JUOGEMENT PLUS
BID PRICE
HIGHEST ASSE$SED
VAL.UE
JiLGJJ _~jLAs.liZLrSl--Y.8J"YJ.:
--.dU[')[~E~r:ln PLUS INTEREST
BID PRICE
PRIOR RECORDED LIEN
_g.BJ.r:L.TL8:J:J;:gBP_f, U~.BT GAG E
PRIOR RECORDED MORTGAGE
~:..._.,......".,_._-------
~!,AID REAL ESTATE TAXES
f-~_A~!..~~~ RtNr OUE
S['~{bGE REIH DUE
~--,
ATTORtl!::Y FEES
OTHER (COSTS, 'ETC.)
TOTAL
PRIOR L1EHS
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s st..' ..r '''-; f. ~.,. '.' l ,....
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NOTE: CALCULATIONS MUST BE SHOWN IN ALL COLUMNS.
SWO~~ AND SUBSCRIBI;O,,' BEFORE ME THIS ,_
....~r.'~AYOF_~~ '- 19 8,2
/, ";,,0r;h,~1. f:!;;Jt;, "Jn~
l- ;; NOTAR rVBLlC
'.,My'COMM'\SION EXPIRES 2/51 1983
ALL OF THE INFORMATION ENTERED
ON !lOTH sipes OF THIS AF~DAVIT IS
TRUE FUL1.. AND COMPLE,T TO~HE
SES,T '0, f ~y KN7';1 Ecic;E:--,', J FORMA. .
'TlON AND SEL E. -(It 1
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o GRANTEE I2f AGE'NT/FOR GRANTEE
o CRANTOR 0 Acelf/' FOR CRANTOR
o STRAW 0 TRUSTEE
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Cheryt ,l.: RecQal. Notary Public
Mv (omrlljl!i!J<l ExpireJ Feb. S, 1983
Harrilbl,lr~' PA / Dauphin (OUllly
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HOQI")' Hall. Juo., Il'l4Jall.&" P...
1ltb i~
:mtdr,
day of ~----
seventy (1970)
'Ii<?
MADE THE
of our Lord one t1uJU3and nine hundred and
BETWEEN
MARTIN L. KEYS and LENA ~~IE KEYS, his 'wife,
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and
PETER E. BOLASH and GERALDINE E. BOLASH. his wife,
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in the year
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Grankcs :
WITNESSETH, that in consideration of
-------------------- Six Thousand ($6,000.00) ----------------- Dollars.
in hand paid. the receipt whereof is hereby acknowledged. the saUl grantor s do hereby g.rant
and conVey to the said grantees I
'.
ALL those two certain tracts or pieces of land situate in the Borough of
West Fairview, Cumberland County, Pennsylvania, bounded and described as follows;
TRACT NO.1. BEGINNING at a stake on the western side of the Susquehanna
River, which is on the southern line of land now or late of Lester P. Hoch and
Bertha J. Hoch. his wifei thence south twenty-two (22) degrees east along the
western side of the Susquehanna River. which is also the eastern line of the
.Borough of West Fairview. twenty-six and two one-hundredths (26.02) feet to a
stake; thence south 30 degrees 30 minutes east along the western side of the
Susquehanna River. twenty-four and one-tenth (24.1) feet to a stake on the
northern line of land now or late of Bertha J. Keys; thence south 65 degrees
20 minutes west along said Keys land. one hundred thirty and thirty-five one-
hundredths (130.35) feet to a pin in the center of North Front Street. formerly
known as the road leading from Marysville to Harrisburg; thence north '24 degrees
40 minutes west along the center line of North Front Street. fifty (50) feet to
a pin. \,:hich is on a line extended through the center of the partition wall
between houses Nos. 692 and 694 North Front Streeti thence north 65 degrees 20
minutes east along land of said Lester P. Hoch and Bertha J. Hoeh. his wife.
one hundred twenty~nine and five-tenths (129.5)' feet to a stake on the western
side of the Susquehanna River, the place of Beginning.
TRACT NO.2. BEGINNING at a pin in the center of North Front Street.
formerly known as the road leading from Marysville to Harrisburg, which pin
is in the line extended through the center of the partition wall between houses
Nos 692~ and 694 North Front Street; thence south 24 degrees 40 minutes east along
the center line of North Franc Street seventy-five (75) feet to a pin in the
northern line of landf: now or late of Bertha J. Keysj thence south 65 degrees
11 minotes"west along said.Keysland.""onghundred forty-four (144) feel to a
stake p.P:---the eastern line of a sixteen-foot'--alI;y;-) thence north 24 degrees 40
minute's west "along- -said alley, seventy-eTglltu'8)~feet to a stake on the line
extend~d through the center of the partition wall between houses Nos. 692 and
694 North Front Streetj thence north 66 degrees 24 minutes east along the line
through the center of said partition wall, one hundred forty-four and two one-
bundredths (14'4.02) feet tD a pin in the center of NDrth Front Street, the place
of Beg:i.nning.
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PLAINTIFF'S
EXHIBIT
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"'-" ~~!lgj~l<_tiiti'~"':'oilli:,",",go;,'-'jiillf_~l!iijl~.w,*'~1!i~",",&!a:iilliS:W>i~~li!iiIillI-
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-1_"liliill,lfHI
HAVING thereon erected the southern half of a double 2~ story frame
dwelling house. which southern half is known as No. 692 North Front Street.
The above descriptions are in accordance with a Plan prepared by D.
P. Raffensperger, Registered Surveyor, dated January 3, 1953.
BEING the same premises which Bertha J. Keys snd Samuel I. Keys, her
husband, by Deed dated May 18, 1953, and recorded May 19, 1953, in Deed Book
G, Vol. 15, Page 462, Cumberland County Records, granted and conveyed unto
Martin L. Keys and Myrtle Keys. The said Hyrtle Keys having died AuglBt
1962p title remained vested in Martin L. Keys as tenant by the entireties.
Gera19ine E. Bolash 1s the daughter of Martin L. Keys.
BOUKg 23PAGE 839
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AND the eaid grantora heTeby COUeMnt an<! agTee that they and eaeh of them will loo".ant
"'arranty ths pTopeTty hereby conueyed.
IN WITNESS WHEREOF, aaid gronlor ha ve hereunto aet their
Ihe day and year firsl above written.
hands and scals
ll'IO".b, ~'Rl.b Rub lll.l\un.b I~" <_A~, L~A{,~~_._.___..~
. In thE' t1rc6t'ucr of IN L. ~
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--..--..----...-..------ .._.._...__..__.._._-_._._._...._._~
State of PENNSYLVANIA
Counly 0' CUMBERLAND , I f'i
011 this, the ..,..
}8B'
day 01 ~
. 19 ") 0 , befoyc me,
the undersigned offieer, perBooollll appeared
, Martin L. Keys and Lena Marie Keys, his ",ife,
known 10 me (or salisfaetorilll proven) to be Ihe perBon s whose nam", are subscribed 10 Ihe
they executed same for the purposes thel'eitl
w~H:4.7IJ!~Wfm.~nt, and acklWwledged that
!f!!fffh'!Jt..,.. {O"
':ltf:S;.fN 'M~~ WHEREOF, I hereunto Bet my hand and official sea!. .
;'>J:ii:';J ( ~ :;~r ~d .to.. ; /J ~
\~.:\ ....~!:.~:,".,:...~.:.~i!i..'J ._n__.._~~~~":"';.;-;-~..'_"''''_' &EAL
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. "'LJ."..~~~,:....'.'
Slate 01
}aa.
County 0'
all Ihis, the
dall of
,19
J before me,
Ihe undersigned officer, personally appeared
knolVn to me (or satislactorily proven) to be the person
wilhin i1Ullrument, and acknowledged that
eonta'ined.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
who8e name subscribed to tile
executed 8ame for the purposes therein
,
:
_.__._-_.__._--~...._.__..........._........_..~
Title of OfficeT.
S)- do hereby certily that the preciss resid....e and eomplete post office addnss
0' the within named grantee is (. "f 'L !J.NU. ';) ~ V, W 41 F ~ . ft..
170-""
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19
~ 1lC",..",vLol ba..6CCGQ
qh" c.,
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Attorney for --r~...._mn_..._........._..
BaUK g 23 PAGE 840
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APPEARED JOHN HUBER MUSSELMAN KNOWN TO ME (OR SATISfACTORILY PROVEN) TO BE THE PERSON
WHOSE NAME IS SUBSCRIBED TO THE WITHIN INSTRUMENT, AND ACKNO.~EDGED THAT HE EXECUTED THE
SAME FOR THE PURPOSES THEREIN CONTAINED.
I N WI TNESS WHEREOF. I HEREUNTO SET t!iY ~AND AND OFF I C\ Al SEAL.
~\ D. MAXINE PHllllPY
C~P\l-' NOTARY PUBliC
j MY CC)'l EXP FEB. 1. 1957
I DO HER --BY CE 'AT THE ?REC I SE RES I OCNCE OF THE WIT HI N NAMED GRANTEE IS
R. O. .., MECHANICSBURG, PA.
PLAINTIFF'S
EXHIBIT
(Chi of- ttJcy
MAY 19, 1953
ARB.
JOS. J. MCINTOSH
ATTORNEY FOR GRANTEES
/56- -L.{/pA .
-------~------~--------------------------------------------------------------------------.
NO. 25980 t THIS INDENTURE,
PENNA
DEED t $21.00 K MADE THE 18TH DAY OF MAY IN THE YEAR' OF
BERTHA J.. KEYS ET VtR t '~AX" OUR lORD ONE THOUSAND NINE HUNDRED AND F IFTY-
TO t. THREE (:1,953),
MARTIN L. KEYS ET UX t BETWEEN BERTHA J. KEYS AND SAMJEl I.
CONS. $2100.00 t ~~I:~~ S~ATES KEYS, HER HUSBAND, OF THE BOROUGH OF WEST
LOC. WEST FAIRVIEW 0 INTERNAlREVENUf FAIRVIEW, CUMBERLAND COUNTY" PENNSYLVANIA,
DAnD MAY 18, 1953 0 ?'(&~~ARY GRANTORS, PARTIES OF THE FIRST PART,
ENTD. MAY 19, 1953 0 AND
TIME 1:08 PM 0 MARTIN L. KEYS AND MYRTLE KEYS, HIS WIFE, OF THE
------------------------------ BOROUGH OF WEST FAIRVIEW, CUMBERLAND COONTY, eENN-
SYLVANIA, GRANTEES, PARTIES Of THE SECOND PART,
WITNESSETH THAT THE SAI D PART IES OF THE FIRST PART,
fOR AND IN CONSIDERATION OF THE SUM Of TWENTY-ONE HUNDRED($2100.00) DOLLARS,
LAWfUL MONEY OF THE UNITED STATES OF AMERICA, WELL AND TRULY PAID BY THE SAID PARTIES
OF THE SECOND PART TO THE SAID PARTI ES Of THE FIRST PART, AT AND I-JEfORE ThE SEALING AND
DELIVERY Of THESE PRESENTS, THE RECEIPT WHEREOF IS HEREBY ACKNOWlEDGED, HAVE GRANTED,
BA~GAINED, SOLD, ALIENED, ENfEOFFED, RELEASED, CONVEYED, AND CONFIRMED AND BY THESE
PRESENTS DO GRANT, BARGAIN, SELL, ALIEN, ENFEOff, RELEASE, CONVEY, AND CONFIRM UNTO THE
SAID PARTIES OF THE SECOND PART, AS TENANTS BY THE ENTIRETIES, TH~rR HEIRS AND ASSIGNS,
ALL T roSE TWO CERTA I N TRACTS OR PIECES Of LAND SITUATE I N THE BOR OUGH Of WEST
FAIRVIEW, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRI BED AS fOLLOWS:
TRACT NO. 1. 8EG.INNI NG AT A STAKE ON THE WESTERN S IDE OF THE SUSQUEHANNA RIVER,
WHICH IS ON ThE SOUTHERN LINE Of LAND A~OUT TO BE CpNVEYED TO LESTER p. HOCH AND BERThA
J. HOCH, HIS WIFE; THENCE SOUTH TWENTY-TWO (22) DEGREES EAST ALONG THE WESTERN SIDE OF
THE SUSQUEHANNA RIVER, WhiCH IS ALSO THE EASTERN LINE OF THE BOROUGh OF WEST FAIRVIEW,
TWENTY-SIX AND TWO ONE-hUNDREDTHS (26.02) FEET TO A STAKE; THENCE SOUTH THIRTY (30) DEGREES
Thl RTY (30) MI NUTES EAST ALONG THE WESTERN S I DE OF THE SUSQUEHANNA RIVER TWENTY-FOUR AND
ONE-TENTh (24.1) FEET TO I~KXS~~>>l~~~X~~~*X~XOC~*~X~~X>>~~~~~l4X~~XXIIXX~X
~~fX~~~~iM~~XR~~RX~~~~~~~X~~X>>~l~~~~~l4Xl>>XXllXX~~~~KX~~~~~~~~XR~~RX~~WXN-
X~>>RX~~~X~~~~K~~~X~>>~Xl~X~KK~X~~X~~XS>>S~~l~X~XR~~~XKWl~XX~x>>>>~X~~X>>~I*~f~~MX~2UXl~X
RJ(J(JxU A-STAKE ON THE NORTHERN Ll NE Of OThER PROPERTY OF <ERTHA J. KEYS;. ThENCE SOUTh
SIXTY-FIVE (65) DEGREES TWENTY (20) MINUTES WEST ALONG SAID KEYS LAND ONE HUNORED ThiRTY
AND ',HI RTY-F I VE ONE-HUNDREDTHS (no.)5) FEET TO A PI N I N THE CENTER Of NORTH FRONT STREET,
FORMERLY KNOWN AS THE ROAD LEADING FROM MARYSVILLE TO hARRISBURG; THENCE NORTH TwENTY-
FOUR (24) DEGREES FORTY (..0) MINUTES WEST ALONG ThE CENTER LINE OF NORTH FRONT STREET
FIFTY (50) fEET TO A PIN, WhICH IS ON A LINE EXTENDED ThROUGH THE CENTER OF THE PARTITION
WALL BETWEEN HOUSES NOS. 692 AND 694 NORTH FRONT STREET; THENCE NORTH SIXTY-FIVE (65)
DEGREES TWENTY (20) MINUTES EAST ALONG SAID LAND ABOUT TO BE CONvrvrn Tn , COTCO ~
t "'-
~ ..,
, A STAKE ON THE WESTERN SIDE OF .THE SUSQUEHANNA RIVER. THE PLACE OF Ef:GINNfNG.
TRACT NO.2. BEGINNING AT A PIN IN THE CENTER OF NORTH FRONT STREET. FORMERLY KNOWN AS
'E ROAD LEADING FROM MARYSVILLE TO HARRISBURG. WHICH PIN IS IN THE LINE EXTENDED THROUGH ThE
-NTER OF THE PARTITION WALL BEtwEEN HOUSES NOS. 692.AND 694 NORTH FRONT STREET; THENCE SOUTH
'!ENTY-FOUR (24) DEGREES FORTY (40) MI NUTES EAST ALONG THE CENTER L! NE OF NORTH FRONT STREE'r
.VENTY-FIVE (75) FEET TO A PIN IN THE NORTHERN LINE OF OTHER LAND OF BERTHA J. KEYS; THENCE
JUTH SIXTY-FIVE (65) DtGREES ELEVEN (11) MINUTES wEST ALONG SAID KEYS LAND ONE HUNDRED FORTY-
OUR (144) FEET TO A STAKE ON THE EASTERN LINE OF A SIXTEEN (16) F~T ALLEY, THENCE NORTH
iIENTY-fOUR (24) DEGREES FORTY (40) MI NUTES WEST ALONG SA! 0 ALLEY SEVENTY-EIGHT (78} FEET TO
STAKE QN THE liNE EXTENDED THROUGH THE CENTER OF THE PARTITION WALL BETwEEN HOUSES NOS.
92 AND 694 NORTH fRONT STREET; THENCE NORTH SIXTY-SIX (66) DEGREES TWENTY-FOUR (24) MINUTES
AST ALONG THE LINE THROUGH THE CENTER OF SAID PARTITION WALL ONE 'HUNDRED FORTY-FOUR AND
WO ONE-HUNDREDTHS (144.02) fEET TO A PIN IN THE CENTER Of NORTH FRONT STREET. THE PLACE Of
:i':GINNING.
HAVING THEREON ERECTED THE SOUTHERN HALF OF A DOUBLE 2~ STORY fRAME DWELLING HOUSf..
'H I CH SOUTHERN HALf I S KNOWN AS NO. 692 NORTH FRONT STREET.
THE ABOVE DESCRIpTIONS ARE IN ACCORDANCE WiTH A PLAN PREPARED BY D. P. RAFFENSPERGER,
:EGISTERED SURVEYOR. DATED JANUARY 3, 1953. A COpy OF WHICH PLAN IS HERETO ATTACHED AND ~.'ADE
'ART HEREOF.
BOTH TRACTSNQ~. 1 AND 2. ABOVE BEING PART OF THE SAME PREMISES WHICH ANNIE M;, ALLEMAN.
XECUTRIX Of THE LAST WILL AND TESTAMENT OF GEORGE R. ALLEMAN. DECEASED. AND ANNIE M.'
,LLEMAN, WIDOW, ET Al.. HEIRS AND DEVISEES Of SAID DECEDENT, BY THEIR DEED DATED JUNE 10,
'941, AND RECORDED
IN DEED-- BOOK "J",
IN THE OFFICE FOR RECORDING OF DEEDS. ETC.. IN AND FOR CUMBERLAND COUNTY.
-'--~~--.-
VOLUME ;1.2, PAGE 595. GRANTED AND CONVEYED UNTO BERTHA J. KEYS. 'ONE Of THE
GRANTORS HEREI N.
TOGETHER WiTH ALL AND SINGULAR, THE TENEMENTS! HEREDITAMENTS AND APPURTENANcES TO THE
SAME BELONGING OR IN ANYwISE APPERTAINING. AND THE REVERSION AND REVERSIONS, REMAINDER AND
REMAINDERS, RENTS, ISSUES AND PROfiTS THEREOF; AND ALSO ALL THE ESTATE, RIGHT, TITLE. INTEREST,
PROPERTY. CLAIM AND DEMAND WHATSOEVER. BOTH IN LAW AND EQUITY. OF THE SAID PARTIES OF THE
FIRST PART, OF,IN, TO OR OUT OF THE SAID PREMISES. AND EVERY PART AND PARCEL THEREOF
TO HAVE AND TO kOLD THE SAID PREMISES, WITH ALL AND SINGULAR THE APPURTENANCES. UNTO
THE SAID PARTIES OF THE SECOND PART, THEIR kEIRS AND ASSIGNS, TO AND FOR THE ONLY PROPER uSE
.4ND BEHOOF OF THE SAiD PARTIES OF THE SECOND PART. AS TENANTS BY THE ENTIRETIES, THEIR HEIRS
AND ASSIGNS FOREVER,
AND THE SAID BERTHA J. KEYS. FOR HERSELF, HER HEIRS, EXECUTORS AND ADM'INISTRATORS, DOES
BY THESE PRESENTS, COVEN)\NT, GRANT AND AGREE TO AND WITH THE SAID PARTIES OF THE SECO~ PART,
THEIR HEIRS ANO ASSI GI,S, THAT SHE, THE SAID BERTHA J. KEYS, AND HER HEIRS AND ASSIGNS, THAT
SHE, THE SAID BERTHA J. KEYS, AND kER HEIRS ALL AND SINGULAR THE HEREDITAMENTS AND PRE~IISES
HEREINABOVE DESCRI BED AND GRANTED OR MENTluNED, AND INTENDED SO TO BE, WITH APPuRTENANCES,
UNTO THE SAID PARTIES OF THE SECOND PART, THEIR HEIRS AND ASSIGNS, AGAINST THE SAID PARTIES
OF THE FIRST PART AND THEIR HEIRS AND AGAINST ALL AND EVEf~Y OTHER PERSON OR PERSONS WHOM-
SOEVER, LAWFuLLY CLAIMING OR TO CLAIM THE SAI4E OR ANY PART THEREOF, SHALL ANO WILL, BY THESE
PRESENTS, WARRANT AND fOREVER DEFEND
IN WITNESS WHEREOF THE SAID PARTIES OF THE FIRST PART HAVE HEREUNTO SET THE'R HANDS AND
SEALS ,THE DAY AND YEAR FIRST ABOVE WRITTEN.
SIGNED, SEALED AND DELIVERED
I N THE PRESENCE OF
BERTHA J. KEYS
(SEAL)
(SEAL)
GEO. W. MCKEE
AS TO BOTk
SAMUEL .1,. KEYS
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COMMONWEALTH 01 PENNSYLVANIA 1 S5
County 01 CUMBERLAND
I Robert P. Ziegler, Recorder. do herebf
Certify tha.t the ~ego;nu is alfue ancI
corre<;l.copy as appears ~ 4&::2-
D~lJ' ,'VOl. . ,', S " Page. -
:~~~~, hancI~offid. " ~
~
My Commission Ellplra&, ,.......
January 2~ ' '
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Sep1:embe:::
, 1971
Y.:r. and Mrs. Harry House:
694 North Front Street
West Fairvi_, Pa.
Dear Mr. And Mrs. }louser:
Mr. and Mrs. aolash, the owners of 692 North Front Street,
have inquired of I1S as to the status of the 16-foot Alley w1rl.ch lies
at the rear of both of your properties and 1"UDS parallel to Front
Street frOlll Fai:rmcmt Stree't sou'thwardly. This alley is re:t'erred to
in the deed given by Mrs. Bertha lCe:!,s to Bertha Hoch, yoar predece880r-
in-title, and to Martin L. Keys, the predecessor-in-title of Mr. and
Mrs. Bolash. It is nt:t"erred to in the deed of Mrs. Keys' executrix
to William st_an for "the ~ining portion of the Alleman plot which
Mrs. !Cays owned during her lifetime.
Since 001:1\ you.r lot and "the 301ash lot have be4n described
as abutting upon this al.1ey, each of you. baa a right ot Wle the al.ley
for iD9resa and egress to and :from this property. Neither party has
the right to blo.::!c: the alley in any way or shut of:! the o1:her from h.
use.
!'here haa been some indication that you plan to clo_ of'f.
the alley either by plan'tings or =ns'truc-eion. Please do not take
this step as, by so doing, you woul.d be cutting cd!! the right of Mr.
and Mrs. Balash to go trolllthe rear of their property to FainlODt
Str_t. F'm-.her, since Mr. and Mrs. Bolash plan to us. 'the alley, it
might be _ll fox you to remove to a safer posi 1:ion such ~lan1:ing.,.
as YOU have :uade i~ the 16-:foo1: spac<e.
I1: is always unsa;tis:fac1:ory and expensive to litigate the..
matters. I believe tha't rei'erence to the deeds will satiSfy you that
we have correctly reported th_ to you. It' you have any question. do
not hesitate to call.
Very trl1ly yours,
MYERS, MYERS, FLCWER & JOHNSON
by
Tno_s !. 1>lyer $
TIWjr
cc: Mr. and Mr.. Pe1:er Bo1ash
PLAi f'\~~t~r: S
EXHlB,";
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cc: Mrs. ~eter Bolash
LAW OFFICES
JOHN E. MYER.S
R.OBElt:r L.MYER.S.JR..
'n-IOMAS r. MY'EIU
JAMES O. FLOWER
R.OBER.T I..MY'E:!tS,1II
HOR.ACE ^. JOHNSON
J'!JUlY R.OUl"F1E
MYERS. MYERS. FLOWER $ JOHNSON
THIRD !l MARKET STREETS
P. O. BOX 125
LEMOYNE. PENNSYLVANIA 17043
TELEPHONE 111.161-4540
C.1t.OYW'EIONER..JR..
J~-e.s.o.aoCAP..
May 10, 1976
1 WEST HtGl1 '1
ICI:F.T
CARLISLE, PENNS\ \ \ \ ~
- ,lIt" 17013
TELEPHONE 71. '1
III '~022
iU-. Edward Keys
694 Front Street
West Fairview, Pennsylvania 17025
Dear Hr. Keys:
Confirming ~~e concern which you expressed to tit.
undersigned on the telephone some days ago, Mrs. Peter Bol~~h
called to report ~~at you have obstructed the 16-foot alley
lying to ~~e West or your property running parallel to Front
Street and providing access from ~~e rear of ~~e Bolash oro-
perty, your property, the Stewart property and per!1aps ot..'1urs
to Fairmont Street.
The allev in question is shown on t..'1e survey ne
the lot laid out for Mrs. Bertha Keys by D. P. Raffensperg"r,
dated Januarj 3, 1953, from which all t..'1e deeds for ~'1ose Pro-
perties have been written. All refer to the l6-foot alley,
and t..'1e owners of all properties shown on those deeds have
the right to use it for ingress and egress. No party has the
right to block the alle;: in any way or exclude any of the ')ther
parti~s from its use~
! understand ~'1at vou have not onlv ol~~ted a
garden in the alley, but have also erected a fe;c~ which
effectively denies its use to Mr. and ~1rs. Bolash and ~~e
others entitled to use it. It should not be necessary to
force those ?ersons to resort to legal process to enforce
their clear right to ~'1e use or the alley.
! would not hesitate to suggest to Mrs. Balash.
in view of your having already planted garden in ~~e space,
~~at, for the current gardening season only, ~~ey agree to
permit your use of ~'1e land as you have now under~aken to do,
but on the clear understanding ~~at all obstructions to passag6
on the allev will be removed, and that its use as a right-of-
way will be' respected in the future. I believe t..~at such an
agreement would avoid ~'1e expenditure of a considerable amount
or monev which certainly should be unnecessary in view of the
clear right of the o~~er parties to ~~e use of the alley.
Very truly yours.
Thomas I. Myers
PL.AlNTm:'s
EXHiB!i
/<-11/0 0
~ITERS, MYERS, FLOWER & JOHNSON
By:
T!H:rlk
-
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-
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~-".-'<'}"
THOMl"S l. MYERS
JAMES D. FLOWER
HORACE A. JOHNSON
JERRY R. DUFFIE
C. ROY WEIDNER. JR..
EDMUND G. MYERS
JAMES D. FLOWER. JR.
DAVID S. KELLER
LAW OfFICES
MYERS. MYERS. FLOWER l';; JOHNSON
THIRD III MARKET STREETS
P. O. BOX 125
LEMOYNE. PENNSYLVANIA 1704:3
JOHN E_ MYERS
(191419811
TELEPHONE 717-761-454Q
OF COUNSEl.
ROBERT L MYERS, JR.
June 15, 1982
I WEST HIGH STREET
CARLISLE. PENNSYLVANIA 1701:3
TELEPHONE. 717-249-3022
Mr. Edward Keys
694 North Front Street
West Fairview, Pennsylvania 17025
Dear Mr. Keys:
Mr. Bolash reports that you have once again obstructed the
alley lying to the rear of your property and theirs by building a
fence in it. I enclose a copy of our letter of May 10, 1976 on
the subject. Mr. and Mrs. Bolash are unwilling to relinquish their
rights in the alley. If they must, they appear to be willing to
resort to legal proceedings to enforce those rights.
The law is clear that where property is bounded by a road or
street, and an alley is a road or street, the Deed carries with it
a right-of-way in the road or street. This principle squarely
covers the alley in back of your house and Bolash's house. Each
of you has an easement to use that alley for its full width, as
the result of the Deeds upon which your titles are based. It should
not be necessary to spend the money and time required to have a
Court enforce this right, the law being clear on the point.
Very truly yours,
MYERS, MYERS, FLOWER & JOHNSON
/~I
Thomas I. Myers
TIM/ep
cc: Mr. & Mrs. Peter Bolash
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MADE TilE 16th day of April I" ,h. )'far
afour Lord on.tltolUand nln. hundred eighty-four (1984).
BETWEEN WILLIAM E. STEWART, JR. and DORIS M. STEWART, his wite, at Greenville,
South Carolins,
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and PETER E. BOLASII snd GERALDINE E. BOLASII, his wife, of the Borough-of W,st
Fairview, County of Cumberland and State of Pennsylvenis, ss tenants by the
entireties with the right at survivorship,
Granltt S "
WITNESSETH.lhal/n consideration of Seven thousand snd 00/100 ($ 7 ,000.00) ________l____
-------------------------------------------------------------- -----_______ Dollars.
In hand, paid. th. r.eelpl whereof Is hereby aeknawl.dg.</. ,h. sold gran lor do hereby granl and
conll<Y 10 ,he sold granle. x,nik .
ALL TIlAT CERTAIN lot or parcel at land situate in the Borough of West
Fairview, County at Cumberland, snd State of Pennaylvania, and being more fully
bounded, limitea and deacribed aa follows, to wit:
BEGINNING at an 1ron pin, said pin being a common corner of lands now, or
formerly of Edward L. and Shirley 1. Keys and lands now or formerly of Peter E.
and Geraldine E. Bolash, said Vi" also being approximately one hundred forty-
four feet (144') in a southwesterly direction from the centerline of Front Street
and also being thirty-five and ,seventy hund~edtl)9 feet (35.70') tn a 90utheaaterly
direction tram the southern forty foot (401) right-ai-way line of Fairmount
Avenue'; .Thence by said lands of Peter E. and ,Geraldine E. Balash and by lands now
or formerly 'Of Raymon.d L. and Hary Jane Wakefield. South twenty-four degrees
forty-orie minutes forty-five seconds East (S 240 41' 45" E), a distance of one
hundred thirty~three and zero hundredths feet (133.00') to an iron pin, said iron
pin being a common corner with said lands of Raymond L. and Mary Jane Wakefield;
Thence b,y, lands of Grantors, So~th sixty-five degrees thirteen minutes three
aecondaWest (S 650 1)' 03" W), a distance of one hundred fifteen and thirty-three
hundredt.hs feet (115.33') to an iron pin; Thence along a right-of-way of varying
width, said right-of-way contsining a 10' wide dirt iane, North thirty-three
degrees thirty-one minutes fifty-seven seconds West (N 330 31' 5711 W). a distance
of one ,hundred six aiHI fifty hundredths feet (106.50') to an iron pint Thence
by said lands of Edward ,L. and Shirley 1. Keys, North sixty-four degrees thirty-
three niinutes thirty-eight seconds East (N 6',0 331 38" E). a distance of one
hundred fifteen and thirty-three hundredths feet (llS.3)') to an iron pin; Thence
by said lands of Edward L. and Shirley 1. Keys. North twenty-four degrees forty-
two minutes fifty-one seconds West (N 240 42' 51" W>' a distance of twenty-six and
twenty-elght hundredths feet (26,28') .to an iron pin;: Thence by said lands of
Edwa_rd L. and Shirley I. Keys, North sixty-four degrees twenty-nine minutes ten
seconds East (N 640 29' lOll E), a distance of sixteen and zero hundredths feet
(16.00') to the point and piace of BEGINNING.
Shown 8S Lot No.4 on a subdivision plan by William E. Sacra & Associates
of 133 South Queen Street, York, PA 17403; Drawing No. II-I-446A dated December 5,
1983 snd revised January 25, 1984. Containing 13,499 sq. ft. or 0.3iO acrea. .
Together with the right: of ingress. egress and regress in. over and alon~
a thirty (30') foot right-of-way leading to and tram Fairmount Avenue and
immediately adjacent to the Westernmost boundary of Lot No.4 and shown on said
$ubdivision plan as a dirt lane which, as presently used, is only ten feet in
width but which shall have a maximum width of thirty (30) feet.
REING part of the same premises which Bertha Uoch. Executrix of the Will
of Bertha Keys, deceased. by deed dated October 31'. 1961 and recorded in Deed
Book 20-1~ Page 1142. Cumberland County Records, conveyed to William E. Stewart.
Jr.. party hereto.
.-,> SUBJECT to the rights of third
above described on the east.
the
pe~sons 1n the alley adjoining
eooxQ ::w pm 60~
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AND, Ihe sold grantor a . do hereby covenant and agrte 10 and wl/h Ihe sold grantees ,Ihal
'''t gfanwrs, the 1 r helr.J, executors and adntlnlJlratorl. shallnnd will warmnt gentrally
andJo....r d~end /Ae ,,"mln above described
premllts, wllh the heredllamentJ and appurttnances. unlo the .said gramtts f the lr All" tJnd all/gnl.
aga/l/ll Ihe sold gran lor a. and agalnsl every olher person lawJully claiming ilr who sholl ,,"roqfIer
claIm ,he same or any pa" ~htreof. . .
they
Q-~h-.r
-:'\r.hool t.:;&'C,,;nb 1:0., Pa.
J,o Ileal Estata 'r."ster Tal(
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Dale 'H- -d'y AmI} S. eQ.,
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Cumbo Co. O,.t Co/. I\iL ~
B~'^"/,h 01 Jf/A../ r:."'-~~-
Cumbo Co., PI.
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IN WITNESS WHEREOF. sold granlor. haveAereunto sel
day and ytar flrsl above wrlllM,
ill(gueb, illealeb Rub Jlellbetcb
In lbe :pre.eule of
their hand. and sea" Iht
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~" I -e1'AIHMENT Of RE VENLle --
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, IRANSfUl APAU'U
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R.celved Ihe day of the dare oflhe above1nde"ture oflhe above named Grantees
Ihesum oJ Seven thousand and 00/100 ($ 7.000.00). ....--------.----------....---- Dolla",
lawfUl mon.y of Ihe Unlred Slales. being Ihe conslderal/on mon.y aba.. m.nl/oned Infull,
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AprillO,2000
Job No. 5001L.09
Tina M. Shafer
19 Stewart La.
West Fairview, Pa. 17025
Ph#717-732-0922
Attn: Mrs. Shafer
Re: Phase I survey walk-over
19 Ste't~{art Lalle, situated off Falrvie~r A.ve.,
Lot A, , Plan Bk 45 Pg. 81
Dear Ms. Shafer:
As per our phone conversation, April 4 and walk over on AprillO, 2000, Erdman Anthony
Consulting Engineers scope of work and cost of the project as follows.
Field Survey Scope:
Phase I walk -over: one person to use metal locator to locate pipes/pins and rough
check distances from DBV 131 Pg. 262 /plan or PB 45 Pg. 81 provided by client.
As per the walk over By Lane R. Painter on AprillO, 2000 @ lOAM, the following survey
points were found.
1. Found y," I Pin N.E. corner @ POB(Point Of Beginning) 144 ft east of Front St &
35.7 ft south of Fairmont Ave.
2. Found 3/8" I Pin on east title line @ 78ft south of POB and S.E .comer y," I Pin.
3. Found '12" I Pin @ S.W. comer along Stewart La.
4. Found y," I Pin @ N.W. corner along Stewart La.
5. Found 3/8" I Pin @ angle point on north title line.
6. Set 3/8" I Pin @ deed distance from last found I Pin and POB.
Phase I Compensation: Lump sum fee of $50.00 received April 10, 2000, check No. 1487 ,
We thank you for this opportunity and look forward to working with you on this project. If you have
any questions, please contact Lane R. Painter at (717) 766-1741 orfax (717) 766-5516.
Very truly yours,
~ ~<N~SSOCIATES, INC.
Lane R. Painter, P.L.S.
Senior Survey
CC: Rich Stees/Dilwyn Knott
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d4y of $J
seventy-tour (1974 )
CCAC # 5!?~t.J
MADE'tHE / J/
of ,,,,, Lord OM thousand nine hundred and
in the lIea~
BETWEEN
WILLIAM E. STEWART, JR. and DORIS M. STEWART, his
wife, of the Borough of West Fairview, Cumberland
County, Pimnsyl vania, .'
Cffantor S,
<ZlId
RAYMOND L. WAKEFIELD and MARY JANE WAKEFIELD,
his wife, of the Borough of West Fairview, Cumberland
County, Pennsylvania,
lhantee !f
WITNESSETH, tMt in c<m8ideration of One Thousand ($1,000.00) --------------
________~~____________________________________________-------Dolmr~
In hand paid. tile receipt whereof is herebv "",knowledged, the said grantor s do hereby grant
and 0""11611 to tllB said grantees. their heirs and assigns,
of West
bounded
ALL that certain lot of land situated in the Borough
Fairview, County of'Cumberland, State of Pennsylvania,
and described as follows:
BEGINNING at a point in the centerline of Front Street,
. formerly known as the road leading from Marysvllle to Harrisburg,
at the southerly line of lands now or late of Peter Bolash and
Geraldine Bolash, his wife, formerly Martin Keys; thence along
said centerline southwardly fifty-five (55) feet to a point;
thence by other lands of William E. Stewart, Jr., south sixty-
five (65) d.3grees, twenty (20) minutes west, one hundred
forty-four (144) feet, more or less, to the eastern line of a
sixteen (16) foo~y; thence along said alley, nOrth twenty-
four (24) degrees, forty (40) minutes west, fifty-five (55) feet
to a stake at the southerly line of property of Bolash; thence
along said Bolashproperty, north sixty-five (65) degrees,
twenty (20) minutes, east one hundred forty-four (144) feet to
the place of BEGINNING.
BEING part of the same premises which Bertha J. Hoch,
Executrix of the Last Will and Testament of Bertha J. Keys,
deceased, by Deed dated October 31, 196i, recorded November 2,
1961, in Deed Book 20-1, Page 1142, conveyed to William E.
Stewart, Jr., one of the Grantors herein.
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Cumb. Co" a.
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COM ONWEALTH of PENNSYLVANIA
Coun y of CUMBERLAND } 5S
I Ro. rt P Ziegler. Recorder. do hereby
Ceql that the foregoing is a true and
r t C,OPY as' ap~ars in . '")
" Vol. ~ ~ - 0 Page ~IJ l
tness m, Y hand \lfficial seal this . \
Day of D Q. . :1Q..U u
of ds
My C mmission Exp res; 1 s
Janu
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BOOKO 25 PAGE 307 .
.."
-;"""'~ilII~i&I"iJ",*,s;~e--i"b""W"",j~~"'T<mtfu_'~'i',a""H~<;;l'-tI<~~':I.~!_!,*-"'~ =~~
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AN:~:=:mOrB her.br-~:~tana agree that theN a~ ~~-Of t~-:~:~~~----i
t1w property h.e1'ebr conV6l/etl.
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IN WITNESS WHEREOF, eaid grantors have hereunto eet their hamS and .eals
the dall and 1Iear first above writt....
>>tgneb\:~~~e~::e~!c:l~~e?:eb )"-f::fr-am 1~~ :-~
~7 L . ..-'".-....Dorlf'i-l~--.._.__._~
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Cumbe~nd
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dall of '7/JJ
,1971' ,before me,
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State o{
County of
On this, the
pennsylvania
t
,
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tke undersigned officer, per.onallv appeared WILLIAM E. STEWART, JR. and
DORIS,,~. STEWART, his wife,
..:";...."., . .
kno,\,1l;;t<iln". (qi':.iJ,tisfac,' torilV proven) to be the per."" s who.e name s are subscribed to the
witbm: imtrum...t,' "a.ruL,4Cknowledged that they executed eame for the purposes therein
-.i.:>'n1nd. '. ,,'
.~~f"-Y., . '..'c
i~ : -IN.!!.!t1''.!1!~~:~!!EREOF, I hereunto .et mll hand and ~/fici4l ' /
:,,;:.,'r:;.;'Cf~~;~~.:..-!i(,~1'-i;. IE ?#j~ ~
~,'. "",:""",',;...;.'t:;'::;-;',,,:iI.!.;,;<; ---... ........ . .aAL
\ " '" ') \ \ \. , . .,,' 'TARY PUBLIC
,;.:"., ':', ,\ '~, .:,rI.,:'-'''' . ,,' , .
'\. ", Iii y"'?\.....~. , Mx.,Co ~11I8~~2,..1OU---_..._...............
l'i'i..""',.,,.'" Lemoy... Po. Cwoborland Q,untyTitle of Officer.
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State of
Countll o{
On this, t.Jr.e
}ee.
,19
, before me,
dall of
tke undersigned o~er, persOMUlI appeared
known to me (or satisf4Ctorilll prov...) to be the person
",it kin Imtrument, and 4CkrwwledgeiL that
contained.
IN WITNESS WHEREOF, I hereunto set mll hand and 0~i41 .eal.
whose Mme subscribed to the
executed sams for ths purposes therein
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do herebll certifll that the precise residence and complete post office address
of the within Mmed grame. is c/o Myers. Myers, Flower & Johnson, P.' o. Box 125.
Lemoyne, PaL. 17043.
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MADE THE "Z-Ir I- d4r./ DecemI:er
./.... lA,d ... lho....d .i.. hu.d,.d eighty-seven (1987)
in .lae yeor
BETWEEN
PBTBR Eo BOLASH and GERALDINE Eo BOLASH, h1a wife
Cn:lII'OIS .
and
DONALD Eo SHAl'RB. and TINA M. SHAPEB. h1a wife
C....,.. s:
WITNESSETH. Ihlll i. ....idorali.. of alE J\ND 00/100-----
- ($1.00) Dol"'".
i. ho.d p.id, Ih. ,...ipl IIIh.,../ iI h.r.br ..In.IIII.Jg.d, Ih. I.id B'.".' s d. h~,.br B"'" ..d .....,.
I. Ih. I.id 11'."" s, their heirs and assigns
ALL THAT CERTAIN lot or parcel of land situate In the Borough of West Falrvlew,
Cumberland County, Pennsylvania and being morefuily bounded, Umlted and described
as follows, to witl
BEGINNING at an Iron pin said pin being a common corner of lands now or late of
Edward L. and Shirley 1. Keys aild lands now or late of Peter E. and Geraldine, E.
Bolash, said pin also being approximately 144 feet In a Southwesterly direction from
the centerllne of Front Street and also being 35.70 feet In Ii Southeasterly direction
I from the Southern 40 feet right of way line of Fairmount Avenue; thence by said lands
I now or late of \>bter E. and Geraldine E. Bolash and by lands now or late of Raymond
I . L. and Mary Ja~~ Wakefield, South 24 degrees 41 minutes 45 seconds East a distance
of 133.00 feet to an Iron ,pin, said Iron pin being a common corner with said lands now
or late of Raymond L. and Mary Jane Wakefield; thence by lands now or late of
Willlam E; Stewart, Jr., et UK South 65 degrees 13 minutes 03 seconds West a distance
of 115.33 feet to an Iron pin; thence along a right of way of varying width, said right
of way containing a 10 feet wide dirt lane, North 33 degrees 31 minutes 57 seconds
West a distance of 106.50. feet to an iron pin; thence by said lands now or late of
Edward L. and Shirley I. Keys, North 64 degrees 33 seconds' 38 seconds East a distance
of 115.33 feet to an Iron pin; thence by said lands of now or late of Edward L. and
Shirley I. Keys,North 24 degrees 42 minutes 51 seconds West a distance of 26.28 feet
to an. iron pin; thence by said lands now or late of Edward L. and Shirley I. Keys,
North 64 degrees 29 minutes 10 seconds East a distance of 16.00 feet to the polrit and
place of BEOlNNING.
tiao,(C 33 P,ltl BiG
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PLAINTIFF'S
EXHIBIT
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SHow~,i as Lot No" 4 on a subdivision [llan by William E. Sacra 6< Associates of 133
South <!lueen Street, York, PA 17403; Drawing No. 11-1-446A dated December 5, 1983
and reVised January 25, 1984. CONTAINING 13.499 square feet or 0.310 acres; and
BIlING l1.ot No. 4 on Subdivision Plan for William E. Stewart recorded In Plan Book 45,
Page 81; in the Cumberland County Recorder of Deeds OWce.
TOQR1'HER with the rIght of Ingress, egress and regress In, over and along a 30 foot
right c,r way leading to and from Fairmount Avenue' and immediately adjacent to the
I ' .
Westernmos t boundary of Lot No. 4 and shown on said subdivision plan as a dirt lane
which, ~s [lresently used, Is only 10 feet In width but which shall have a maximum
width or 30 feet. I
'TOGE'J1HER with ,the right to connect and maintain a sanitary sewer line consisting of
four ifil~h PVC [li[le or its equivalent to the existing sewer line connecting [lremises No.
692 North Front Street to the Borough of West Fairview sewer main in Front Street,
and a ~ight of way 7 1/2 feet in width on each side of said sewer line for the pur[lose
of acc'llss to the same for necessary repairs and maintenance. The cost of maintenance
of the portion of said sewer line serving both properties shall be borne one-hal f by the
owners iof each of the [lroperties so served."
SUIlJIlI~ to the rights of third persons In the alley adjoining the pro party above
described on the east.
UNOEE~' AND SUBJECT, NllVIlRTHIlLIlSS, to restrictions, conditions and easements of
prior record.
HAVING THIlREON IlRECTIlD a dwelling known as 19 Stewart Lane.
BIlING . THB SAMB PREMISES WHICH William E. Stewart, Jr. and Doris M. Stewart, his
wife b}\ Deed dated April 16, 1984 and recorded in the Cumberland County Recorder of
Deeds Omce in Deed Book Q, Volume 30, Page 602, granted and conveyed unto Peter
E. l301lilsh and Geraldine B. l3olash, his wife, the Grantors herein.
THtS 11$ A OONYBYANCB ProM PARBNTS TO DAUGIl1'BR AND SON-IN-LAW.
,4nd ,h. ..id B"'nlor S her.by ....n/llll and ogre. Ihal they
IIIIJ1 ...rronl generally
Ih. properl)' h.reby con.eyed.
bOOf L..33 M 817
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IN WITNESS WHEREOF. MiJ
GIld ye41' fi'" oboW' ",ritl'",
,,.,,/0, S h. ve\,,,..'o ,tI their h..1I s..1I ..01 she tIoy
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PENNSYLVANIA
,
" , . .' Co..", of aJMBeRIAND
On flail. .he
" A N:)TARY PUBLIC
,lae untlerligned officer, ""oully appeared
: PETER,E, BOIASH and G2AAlDnm E. 1lOlASH, his wife
..,
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. 19 87. 6ofo" ....
tIoy.fDB::EMBER
lu6ICri6ed 10 .Ia, wi,lain
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N:)TARY PUBLIC J.~ \'..}, . ;, .':'10...
DIANNE LENIG. NohI)' 'obit. " .~.i<N!~~ t - ...........
MY C_ls,'o. upl... Oec. 21. 1989 Till. .J ''W~.r.','''':h'l.,...'
'l8JllOyne. PA Cumberland County C'fI~':'''' .
hown 10 me (or ,a,iJ/aetoril:r prown) '0 6, ,la, p'tlon S .IaOIe JlGm, S are
inllrument. and achowledged tho' they ",cuted Jam' for ,la,
IN WITNESS WHEREOF. I her...'. ,tI ..y h..1I ..II officW ,eoI.
'... '. My Ccmnission ExpUes;
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'nown '0 me (or ,alil!ac,orUy p,ol1en) '0 be ,lae penon whOle name .ub.cribed 10 ,he
within :inlt1Umenl, and achofldetJ,etl ,hell esecuutl icune for lAd ,"rpOl.. '''.rem conuw..J.
IN WITNESS WHEREOF, I her...'. .., ..y h..II..II.fficW..at
of ,he "iIIlu. named ,ran,ee iJ
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I tie her."" ,,"ifr ,h", ,h. p..cu. ..,ut..ce ..,l ....pl.'. p." .ffic. otIlI....
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0050JO-00002/November 9, 1995/DWD/MHl48JOJ
/jC? I/o'
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THIS INDENTURE
MADE, THE I 0 day of 1] () IJ-{ vY\ t,,-{ .' in the year of our Lord one thousand nine hundred
ninety-five (19951.
BETWEEN
DONALD E. SHAFER and TINA M. SHAFER, his wife,
Grantors,
AND
TINA M. SHAFER,
Grantee,
WITNESSETH. that the said Grantors, for and in consideration of the sum of ONE DOLLAR ($1.001.
lawlul money of the United States of America. unto them well and truly paid by the said Grantee at and
belore thO sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have
granted, bargained, sold. aliened. enfeoffed, released and confirmed. and by these presents do grant.
bargain. sell, alien. enfeoff, release and convey and confirm unto the Grantee, her heirs and assigns,
ALL THAT CERTAIN lot or parcel of land situate in the Borough of West Fairview,
Cumberland County, Pennsylvania and being more fully bounded. limited and described as
follows. to wit:
BEGINNING at an iron pin said pin being a common corner of lands now or late of Edward
L. and Shirley I. Keys and lands now or late of Peter E. and Geraldine E. Balash. said pin
also being ap~roximatelY 144 feet in a Southwesterly direction from the centerline of Front
Street and also being 35.70 feet in a Southeasterly direction from the Southern 40 feet
right of way line of Fairmount Avenue; thence by said lands now or late of Peter E. and
Geraldine E. Balash and by lands now or late of Raymond L. and Mary Jane Wakefield.
South 24 degrees 41 minutes 45 seconds East a distance of 133.00 feet to an iron pin,
said iron pin being a common cornar with said lands now or late of Raymond L. and Mary
Jane Wakefield; thence by lands now or late of William E. Stewart. Jr., et ux South 65
degrees 13 minutes 03 seconds West a distance of 115.33 feet to an iron pin; thance along
a right of way of varying width. said right of way containing a 10 feet wida dirt lane, North
33 degrees 31 minutes 57 seconds West a distanca of 106.50 feet to an iron pin; thence
by said lands now or late of Edward L. and Shirley I. Keys. North 64 degraes 33 minutes
!:OOK iJl i'.m 2.62
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38 seconds East a distance of 115.33 feet to an iron pin; thence by said lands now or late
of Edward L. and Shirley I. Keys, North 24 degrees 42 minutes 51 seconds West a distance
of 26.28 feet to an iron pin; thence by said lands now or late of Edward L. and Shirley I.
Keys, North 64 degrees 29 minutes 10 seconds East a distance of 16.00 feet to the point
and place of BEGINNING.
SHOWN as Lot No.4 on a subdivision pian by William E. Sacra & Associates of 133 South
Oueen Street, York, PA 17403; Drawing No. 11.1-446A dated December 5,1983 and
revised January 25,1984. CONTAINING 13.499 square feet or 0.310 ecres; and BEING
Lot No.4 on Subdivision Plan for William E. Stewart recorded in Plan Book 45, Page 81 in
the Cumberland County Recorder of Deeds Office. I
TOGETHER with the right of ingress, e9ress and regress in, over and along a 30 foot right
of way leading to and from Fairmount Avenue and immediately adjacent to the
Westernmost boundary of Lot NO.4 and shown on said subqivision plen as a dirt lane
which, as presently used, is only 10 feet in width but which shall have a maximum width
of 30 feet.
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TOGETHER with the right to connect and maintain a sanitary sewer line consisting of four
inch PVC pipe or its equivalent to the existing sewer line connecting premises No. 692
North Front Street to the Borough of West Fairview sewer main in Front Street, and a right
of way 7 1/2 feet in width on each side of said sewer line for the purpose of access to the
same for necessary repairs and maintenance. The cost of maintenance of the portion of
said sewer line serving both properties shall be borne one-half by the owners of each of the
properties so served.
SUBJECT to the rights of third persons in the alley adjoining the property above described
on the east.
UlIlDER AND SUBJECT, NEVERTHELESS, to restrictions, conditions and easements of prior
record. -
HAVING THEREON ERECTED a dwelling known as 19 Stewart Lane.
BEING THE SAME PREMISES WHICH Peter E. Balash and Geraldine E. Balash, his wife, by
Deed dated December 21, 1987 and recorded in the Cumberland County Recorder of Deeds
Office in Deed Book C, Volume 33, Page 816. granted end conveyed unto Donald E. Shafer
and Tina M. Shafer, his wife, the Grantors herein.
THIS IS A CONVEYANCE FROM HUSBAND AND WIFE TO WIFE AND IS EXEMPT FROM
I'lEALTY TRANSFER TAX.
TOGETHER with all and singular the buildings, improvements, ways, streets, alleys, passages,
waters, water-courses, rights, liberties, privileges, hereditaments and appurtenances whatsoever thereunto
belonging. or in any wise appertaining, and the reversions and remainders, rents, issues and profits
roux 131 I"m '';63
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OOSOJO.000021November 9. ) 99.5/DWD/MH/48303
thereof; and all the estete, right, title, interest, property, claim and demand whatsoever of them, the said
Grantors, in law, equity, or otherwise howsoever, of. in. to or out of the same.
TO HAVE AND TO HOLD the said lot or piece of ground above described, with the buildings and
improvements thereon erected, hereditaments and premises hereby granted or mentioned, and intended
so to be. with the appurtenances, unto the said Grantee, her heirs and assigns, to and for the only proper
use and behoof of the said Grantae, her heirs and assigns, forever.
And the said Grentor. hereby covenant and agree that they will warrant specially the property
hereby conveyed.
IN WITNESS WHEREOF. the said Grantors hereunto set their hands and seals the day and year first
above written.
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ,::".),tdh- J
: 55:
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. 1995. before me. the undersigned officer.
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name ,is subscribed to the within instrument.
purposes therein contained.
COMMONWEALTH OF PE~NSYLVANIA : ss:
COUNTY OF 4A hr. 1, (
On this. the j" day of / / , 1995. before me. the undersigned officer.
personally appeared TINA M. SHAFER. known to me (or satisfactorily proven) to be the person whose
name is subscribed to the within instrumant. and acknowledged that. she executed the same for the
purposes therein contained.
,..........._., "'c .
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VSir.:\v ';...:::~~~..~;.~~~i~..
IN WITNESS WHEREOF. I hereunto set my hand and offi:ial seal. '~~~~~~:~~~?j.~'"
G N('J~~liol!jl~;.ll ..~~i ;'.;;,~~~,~~*;\,,:,
~l'.w'i!n B. ~ork:)'.I>Jol.lrY .Pwbc 't,,':; r . ~iif'l;~t~.~,l,.
f.~u~1t PIJllnr.h"llQ 1"\1'.. CurTlll(!flc1r.d CO'.U , ") ~ ~ , l.:.,."""
~'~'1('l:I:;lf\i':!-"nr.~ ~II~~(~~ 10.yr~. ~':'t~Ji.,
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005030-00002/November 9, 1995/DWD/MH/48303
,.
CERTfFICA TE OF RESIDENCE
I do hereby certify that the precise residence and complete post office address of the within named
Grantee is: I~ 4-(('tL'ttt (, I" .'1..) u.!t.;.( l~(i. (Iif/(; ,I-VI.
DATED: /1(/0 Ir::-
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Atto'mey for (i--r.'~~'-Lz..&
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Clq 1".',,(((\nc3
: S8:
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R~CORDED on this I") deyof
said County. in RECORD BOOK r2:,,\
IJcJ
. PAGE :Jlr{
c).~ ,
A.D. 19~, in the Recorder's Office of the
Given under my hand and the seal of the said Office. the date above written.
~~/~
, Recorder.
COOK i3:l I'IM ZGG
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BOOJ 20 F^CEl H.2
THIS DE ED
Made thl?'-3 / ~ -- day of (JJ ~ the year
i one thousand nine hundred and sixty-one (1961),
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Between BERTHA HOCH, EXECUTRIX of the Last Will of
BERTHA J. KEYS, late of Wheatfield TQwnship, Perry County, Pennsyl-
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vania, deceased, Grantor, party of the first part,
AND
WILLIAM E. STEWART, JR., of West Fairview, Cumberland County,
" Pennsylvania, Grantee, party of the second part,
Witnesseth, that in consideration of Seven Thousand ($7,000.00)
Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said
Grantor does hereby grant and convey to the said Grantee:
ALL that tract, piece or parcel of land situated in the Borough of
West Fairview, formerly East Pennsboro Township, Cumberland County,
Pennsylvania, bounded and described as follows:
BEGINNING at a post on the Easterly side of the public
road leading ,from Marysville to Harrisburg and in the line of the
land formerly of T. B. Rockefeller, deceased; thence South fifty'
two and one-fourth (52 1/4) degrees West Thirty-Two (32) feet,
crossing the public road, to an iron pin in the line of said Rocke-
feller land; thence still by the Rockefeller land South fifty-rtJur and
one-fourth (54 1/4) degrees West Four Hundred Three and nine-
tenths (403.9) feet to a post at" the corner of the land of Caleb S.
Brinton, et al. ; thence by the land of Brinton, et al., North twenty-
nine (29) degrees West Five Hundred Ten (510) feet to an iron pin
at the lot of Weston C. McLaughlin and wife; thence by McLaughlin
lot North sixty-one (61) degrees and forty-two (42) minutes East
One Hundred Thirty-Seven and two-tenths (137.2) feet to an iron
pin; thence by same North twenty-eight (28) degrees and ten (10)
minutes West One Hundred One and five-tenths (101. 5) feet to an
iron pin on the Southerly side of a street sometimes known as
FairmontStreet; thence by the side of said Street North sixty-three
and' one-fourth (63 U4) degrees ,East Tl;lree Hundred Eleven and
three-tenths (311.3) feet to an iron pin in the center of the first
mentioned public road; thence along the center of said road North
twenty-one and one-half (21!> degrees West Twenty-Six and nine-
tenths (26.9) feet to an iron pin in the center of said road; thence
North seventy-one and orie-fourth (71 1/4) degrees East One Hun-
dredThirty-One (131) feet, more or less, to the bank of the Susque-
COMMONW, E r, H of PE~lfl4ver; thence along the side of the Susquehanna River South
County of CUM ERLAND J 55
I Robert P. Zieg '. Recorder. dohe,eby " .
Certify that the oregoing is a true and
COl!l'Z(ir a,s ears . . ,,'\
I . Vol. Page lh J-
" q Wnness V ::;'nd of~ciN":' ~hiS '}..l) 00
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twenty-two (22) d,egrees EaJt Eighty and five-tenths (80.5) feet to'a
point in the side of the Rivel thence !3till along the side of the River
South Thirty and one-half (3~i) degrees East Four Hundred Fifty
(450) feet, more or less, to a point in the line of the Rockefeller
land aforesaid; thence along. he Rockefeller line South fifty-five and
one-half (55!) degrees West Ot:1e Hundred Fifty (150) ~ more or
less, to a post in the side of the public road, the place of Beginning.
CONTA!l\olNG seven (7) acres, more or less.
HAVING thereon erected a two and one-half (2!) story frame
dwelling house known as No. 686 North Front Street.
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BEING the same prerr.ises which the heirs, devisees and
residuary legatees of George R. Alleman, deceased, by their deed
dated June 10, 1941, and recorded in the Office for Recording of
Deeds, etc., in and for Cumberland County, in Deed Book "J",
Volume 12, page 595, grante'd and conveyed unto Bertha J. Keys,
who, being seised thereof, died on December 2, 1960, leaving her
last Will, duly probated and recorded in the Office of the Register of
Wills of Perry County, Pennsylvania, on December 10, 1960, in
which she appointed Bertha Hoch, the Grantor herein, as Executrix
of her last Will.
EXCEP1'ING, HOWEVER, THE FOLLOWING FIVE PROPERTIES
PREVIOUSLY CONVEYED:
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TRACT NO. I. BEGINNING at a stake on the Western side
of the Susquehanna River and on Southern line of land now or late of
Adelbert M. Wood and Catherine E. Wood; thence South Twenty-Two
(22) degrees East along the Western side of the Susquehanna River,'
which is also the Eastern line of the Borough of West Fairview,
Fifty-Four and forty-eight one-hundredths (54.48) feet to a stake on
the Northern line of land about to be conveyed to Martin L. Keys and
Myrtle Keys; thence South Sixty-Five (65) degrees twenty (20) minutes
West along the Northern line of said Keys land One Hundred Twenty.
Nine and five-tenths (129.5) feet to a pin in the center of North
Front Street, Thirty (30) feet wide, formerly known as the road lead-
ing from Marysville to Harrisburg; thence North Twenty-Four (24)
degrees forty (40) minutes West along the center line of North Front
Street Forty and five-tenths (40.5) feet to a pin; thence North
Twenty-One (2!l degrees five (5) minutes West along the center line
of North Front Street Twenty-Six and nine-tenths (26.9) feet to a pin;
thence North Seventy-One (71) degrees East along the Southern line
of land now or late of Adelbert M. Wood and Catherine E. Wood One
Hundred Thirty-One (131) feet to a stake on the Western side of the
Susquehanna River, the place of Beginning.
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TRACT NO.2,. BEGINNING at a stake in the center of North
Front Street, ,formerly known as the road leading from Marysville
to Harrisburg, . and which stake is also on the Southern line of Fair-
mont Street extended; thence South Twenty-Four (24) degrees 'forty"
(40) minutes East along the centerline of North,Front~trel!t Forty
and five-tenths (40.5) feet to a pin on a line extend~d th~'b~gl;! the
, BOOJ 20 rAGE 1143 """r.
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center of the partition wall between houses Nos. 692 and 694 North
Front Street; thence South Sixty-Six (66) degrees twenty-four (24)
minutes West along the line through the center of said partition wall
One Hundred Forty-Four and two one-hundredths (144.02) feet to
the Eastern line of a Sixteen (l6) foot alley; thence North Twenty-
Four (24) degrees Forty (40) minutes West along said alley Thirty-
Five and seventy-two one-hundredths (35.72) feet to a stake on the
Southern line ofFairmont Street; thence North Sixty-Four (64)
degrees thirty (30) minutes East along the Southern line of Fair-
mont Street One Hundred Forty-Four and two one-hundredths
(l44. 02) feet to a pin in the center line of North Front Street, the
place of Beginning.
HAVING thereon erected the Northern half of a double 2! story
frame dwelling house, which Northern half is known as No. 694
North Front Street.
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TRACT NO.3. BEGINNING at a stake on the Southern line
of Fairmont Street and the Western line of a Sixteen (16) foot alley;
thence South Twenty-Four (24) degrees forty (40) minutes East
along the Western line of said alley Sixty-Two (62) feet to a stake
on the Northern line of other land of Bertha J. Keys; thence South
Sixty-Four (64) degrees thirty (30) minutes West along said Keys
land One Hundred Fifteen and seventy-six one-hundredths (115.76)
feet to a stake on the Eastern line of a Thirty-Five (35) foot Street
now unopened; thence North Twenty-Nine (29) degrees thirty (30)
minutes West along said street Sixty-Two and fifteen one-hundredths
(62. 15) feet to a stake on the Southern line of ,Fairmont Street;
thence North Sixty-Four (64) degrees thirty (30) minutes East along
the Southern line of Fairmont Street One Hundred Twenty-One
(121) feet toastake on the Western line of a Sixteen (16) foot alley,
the place of Beginning.
Tracts Nos. 1, 2 and 3 excepted from this conveyance are
the same premises which the said Bertha J. Keys and Samuel 1.
Keys, her husband, by their deed dated , 1953,
and recorded il). the Office for Recording of Deeds, etc., in and for
, Cumberland County, in Deed Book 11 ", Volume ,page
granted and cOl).veyed unto Lester P. Hoch and Bertha J. Hoch,
his wife. ~ I
TRACT NO.4. BEGIrI{NING at a stake on the Western side of
the Susquehanna River, whidh is on the Southern line of land now or
late of Lester P. Hoch and Bertha J. Hoch, his wife; thence South
Twenty-Two (22) degrees East along the Western side of the Susque-
hanna River, which is also the Eastern line of the Borough of West
Fairview, Twenty-Six and two one-hundredths (26.02) feet to a
stake; thence South Thirty (30) degrees thirty (30) minutes East
along the Western side of the Susquehanna River Twenty-Four and
one-tenth (24. 1) feet to a stake on the Northern line of other property
of Bertha J. Keys; thence South Sixty-Five (65) degrees twenty (20)
minutes West along said Keys land One Hundred Thirty and thirty-
five one-hundredths (130.35) feet to a pin in the center of North
Front Street, formerly known as the road leading from Marysville
to Harrisburg; thence North Twenty-Four (24) degrees forty (40)
minutes West along the center line of North Front Street Fifty (50)
,]
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feet to a pin, which is on a line extended through the center of the
partition wall between houses Nos. 692 and 694 North Front Street;
thence North Sixty-Five (65) degrees twenty (20) minutes East along
said land now or late of Lester P. Hoch and Bertha J. Hoch, his
wife, One Hundred Twenty-Nine and five-tenths (129.5) feet to a
stake on the Western side of the Susquehanna River, the place of
Beginning.
TRACT NO, 5. BEGINNING at a pin in the center of North
Front Street, formerly known as the road leading from Marysville
to Harrisburg, which pin is in the line extended through the center
of the partition wall between houses Nos. 692 and 694 North Front
Street; thence South Twenty-Four (24) degrees forty (40) minutes
East along the center line of North Front Street Seventy-Five (75)
feet to a pin in the Northern line of other land of Bertha J. Keys;
thence South Sixty-Five (65) degrees eleven (11) mit'w.tes West along
said Keys land One Hundred Forty-Four (144) feet to a stake on the
Eastern line of a Sixteen (16) foot alley; thence North Twenty-Four
(24) degrees forty (40) minutes West along said II.lley Seventy-Eight
(78) feet to a stake on the line extended through the center of the
partition wall between houses Nos. 692 and 694 North Front Street;
thence North Sixty-Six (66) degrees twenty-four (24) minutes East
along the line through the center of said partition wall One Hundred
Forty. Four and two one-hundredths (144.02) feet to a pin in the
center of North Front Street, the place of Beginning.
HAVING thereon erected the Southern half of a doublle2i
story frame dwelling house, which Southern half is known as No.
692 North Front Street.
(
Tracts Nos. 4 and 5 excepted from this conveyance are the
same premises which the said Bertha J. Keys and Samuel 1. Keys,
her husband, by their deed dated , 1953, and re-
corded in the Office for Recording of Deeds, etc." in and for Cum-
berland County, in Deed Book II ", Volume , page
granted and conveyed unto Martin L. Keys and Myrtle Keys, his wife.
AND the said Grantor will warrant specially the property hereby'
conveyed.
I
II hand and, seal the day and year first above written.
II Signed, Sealed and Delivered )
il ' i~ the presence of , l
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II ' , . BOOK; 20 PAGE1145
IN WITNESS WHEREOF, the .said Grantor has hereunto set her
"S..~k,~'
Executrix of the Last will, of
Bertha J. Keys, Decease~l
(SEAL)
(4).
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II COMMONWEALTH OF PENNSYLVANIA)
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BooJ 20 P~GE 11 li6
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~I Ci:~Ut II !}~f1Ct OF rt'lI
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RECOltUl:R OF OEtO!
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CUMBERLAND G{JuHn
PENNSYLVANIA
me,
COUNTY OF lJ~1L
On this, the $/ d-r day of rfk-t:-?v , A. D. 1961, befo'"re
a.. a.-c(j C?..-<<-t.e..:- the unliersigned officer,
personally appeared Bertha Hoch, Executrix of the Last Will of Bertha J.
Keys, deceas,ed, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and acknowledged that
.~ ai;:;:.~:.J ,fv~~"7>t.,,~)
Title of Officer
NOTARY PUBLIC
My Commission E'plres february I, 1965
Harrisburg, Pa. Dauphin County
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II COMMONWEALTH OF PENNSYLVANIA)
I ' )ss:
I COUNTY OF CUMBERLAND )
Ii Recorded on this ~ day of ~ I A. D. i961, in'
II the Recorder's Office of the said County in. Deed Book J ,Volume c:;Lo ,
4)
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\i Given under m~, ~n and the seal of the said Office, the date above
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II written. ~ Recorde
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t21.T5--Deed (r'(lIn Corporation to Individual (It' Co~.: Sbo~ Forza. Warrllll.lt.
Hellr7 Hnll. Inc., IndIana, Pa.
'Q!:bfti 3JnbentUtt,
MADE THE 30 il1 tky of VU If in the year
of our Lord one thousand nine hundred seventy five (1975)
BETWEEN CUMBERLAND COUNTY NATIONAL BANK AND TRUST COMPANY, a corporation
organized and existing under the laws of the United States of
America, having its principal place of business in the Borough of
New Cumberland, Cumberland County, Pennsylvania, and HARRY E.
HOUSER, SR. and MARY E. HOUSER, his wife, parties of the first
part, GRANTORS,
Moll
EDJ!#D L. KEYS and SHIRLEY
se~d part, GRANTEES,
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WITNESSETH, that the said parties of the first part,
for and in consideration of the sum of Fifteen Thousand Five Hundred and NO/100-------
----------------~------------------($15,500.00)------------------------Dollars
lawful money of the United States of America, unto it well and truly paid by
the said EDWARD L. KEYS and SHIRLEY 1. KEYS, his wife ,
at and before ths sealing and delivery of these presents,
the receipt whereof is hereby acknowledged, has granted, bargained, sold, aliened.,
enfeoffed, released and confirmed, and by these presents does gra.nt, bargain, sell,
alien, enfeoff, release and confirm unto the said EDWARD L. KEYS and SHIRLEY 1. KEYS,
his wife, their heirs and assigns,
ALL THAT CERTAIN tract or parcel of land with the buildings and improvements
thereon erected, situate in the Borough of West Fairview, Cumberland County,
Pennsylvania, bounded and described in accordance with a survey by Ernest J.
Walker, Professional Engineer, dated April 14, 1975, as follows:
BEGINNING at a point in the center line of North Front Street, which point is
at the center of a partition wall between premises 692 and 694 North Front
Street, said point being also distant South 24 degrees 40 minutes East 40.50
feet from the Southerly line of Fairmont Street; thence through the center of
a partition wall and beyond South 66 degrees 24 minutes West 144.02 feet to a
stake on the Easterl line of a sixteen feet wide public alley; thence along
the same North 24 degrees 40 minut,es Wes 0 a po nt on the Southerly
line of Fairmont Street; thence along same North 64 degrees 30 minutes East
144.02 feet to an iron pin in the center line of North Front Street;thence
along the same North 21 degrees 5 minutes West 26.90 feet to a point; thence
North 71 degrees East 131 feet to a point on the Westerly' line of Susquehanna
River; thence along_ same South 22 degrees East 54.48 feet to a pOint; thence
South 65 degrees 20 minutes West 129.50 feet to a point; the Place of BEGINNING.
HAVING THEREON ERECTED a two and one-half story frame and asbestos dwelling known
as No. 694 North Front Street and a one story frame building on tract.
BEING the same premises which Administrator of Veterans Affairs, by deed dated
March 20, 1964 and recorded at Cumberland County, Pennsylvania, in Deed Book E,
Volume 21, Page 1102, granted and conveyed unto Cumberland County National Bank
and Trust Company AND the said Harry E. Houser. Sr. and Mary E. Houser, hiB wife,
join herein to convey all their right, title and interest acquired by virtue of
Unrecorded Articles of Agreement with Cumberland County National Bank and Trust
Company, one of the Grantors herein.
UNDER AND SUBJECT to all restrictions, reservations, conditions and limitations
of record against said premises.
.~
B~ort2G fAGE 486
'" COMMONWEALTH OF PENNSYLVANIA-
N ~~~:MA::~A.:F,irl55. a f
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1!I~lillI,;~t!j~-mi_:wI~~.!iIi~IIa&''''i;j>LU'l,;lli.lli''',,",i1'l'Itl!>~_ii'i!L''''$''''''i'''-!''''ci'6~~--i_~~' :.iJfiiilillll/!!(
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TO HA VE AND TO HOLD the said
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TOGETHER with aU and singula.r
wavs, waters, water-courses, riOhtil"liberties, privileges,
'hereditament8 and appurtena.nce8what80ever thereunto belonging, or in anyv!ise appertaining, and
:ale rever8ions and remainder8, rent8, issue8 and profits thereof; and all the ~8tate, right, title, in-
,terest, property, claim and demand whatsoever, of
in la.w, equity, or otherwise howsoever, of, in and to the 8ame and every part thereof,
hereditament8 and premises hereby granted or
mentioned and intended 80 to be with the appurtena.nce8,
.unto the 8am EDWARD L. KEYS and SHIRLEY 1. KEYS, hiB wife, their heirs
and M8igns, to and for the only
proper use and behoof of the 8aid EDWARD L. KEYS and SHIRLEY 1. KEYS. hiB wife,
their heirs
am,d assigns forever.
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CUMBERLAND COUNTY NATIONAL BANK AND TRUST COMPANY
AND the 8aid. grantor/hereby covenant, ai!d agree, that it will warrant ,SPECIALLY
ths property hereb.y conveyed. and HARRY E.HOUSER, SR. and MARY E. HOUSER, hiB wife,
tWO of the Grantors herein, covenant and agree that they will warrant GENERALLY
the property herein conveyed.
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IN WITNESS WHEREOF, the sam CUMBJ;:RLAND COUNTY NATIONAL BANK AND TRUST COMPANY
has cau.3ed' this Indenture to be 8igned
in its corporate na.me by its President, and has caused to be affixed hereunto the common and cor:
po,...te 8eal of the 8am corporat;"n, attested by its Seere ry, the and year fir8t above written.
...n_n..i..n.................
Vice- Pre8ident.
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,:~..t;; $eq:~tary, w. R.. ARNOLD ..
" . ty\\;~t:'-':'~~~'..";~?:..-
Sealed'and Delivered in the
Presence of:
/,'df~efl ~~~-
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Ha ry E. ouser, Sr.
~~~ )/~
ar E. Houser
800Kt2G PAGE 487
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County of
Cu'mberland
,., "On .this; the"' ' 30 tb:"
dtJ.yof
July
, 1975 , before me,
I
,
the undereigned officer, perBonally a,ppca,red R. M. Hebbard, Jr.
'.- "I: "!".
who a,cknowledged himself to be the Vice President of Cumberland County National
Bank and Trust Company
a. corporatiof/t, and that he as 8uch Vice President , being authorized to-do 80,
executed the foregoing instrument f-or the purposes therein contained by sinning the na.me of the
corporation by himBelf /1.8 Vice President
In witness whereof, I hereunto set my ~nd cial seal.;::'::,:""",
, .....~ .......... ..:..i..f2-u;?~.:~}:;~....
........ ......0.1.....~.~...............:.............'.L..:.:'!!:<"',.,_...,.. '"
A1.Fi\[r'J r. ~'r,'Ej:;.~;~o, !lnfAilY l'lJJUG Title 01 Olf.iqer;. -- ""
~~rC!i',t.~"" ~:~:: .: i"'I"'li':;I! ..- ,.'~.. I " J:.,
C[Jk:::lU~o.i, ,;' ;,l,,:\')'r "......) ". .... () ,. '-".-
MY CUMMJ:iS.'UJti Or,;\[.;> JUNt 211, 1!l7~ " V,.,". ' ,.' >,,'
I' ".,:" . ""',"\\\ "",
CERTIFICATE OF RESIDENCE .".,) \"
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19
Attorney for ............:........................................,........
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State 01 Pennsylvania County 01 Dauphin
On this 3:0. . th day of July
undersigned officer, personally appeared Harry E. Houser,
known to me (or satil$fac:torily proven) to be the personS whose- ~me '8" . ,;' : re
~ instrument and acknowledged that they executed t~~...P.:~i.!~,:,1!]e ~~~!~~es
\I( : .:. :.~,:. '.!.. ..it,.:', ~
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'.; J ~:.."~ .,,''- NOTARY PUBLIC
. t' PI'. '; " " ' " My Commission Expires September 5. 1977
. 1., ;. . ~ijwisburi. Pa. Dauphin CountY'
f
SOw ~~""'~tif<<r,..
Count yo ............~~~.
RECORDED em this ...........:SV.6. dtJ.~f ...................
A. D. 19/.5.in the Recorder's office of sa,UL County, in
Vat ..d..b......., Page .~...:7-!J'.b...
r-
Given under my hand and the s
the saUL office, the dtJ.te a,bove written.
..... .i.C~'V...... Recorder.
" /
Bao~.E2G rAGE 4.88
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'<ITqiz ~eeo, mode thIS
1B1'1tu l'l' It , . HARRY E. HOUSER, SR. and MARY E. HOUSER, hiswife, of
the Borough of West Fairview, Cumberland County, Pa.
:27f1r
day of
June
J'l 79
(hereinafter called the "Grantor 9"),
of the one part, and EDWARD L. KEYS and SHIRLEY I. KEYS, his wife,of the
Borough of West Fairview, Cumberland County, ,Pa.
(hereinafter called the "Grantee B "), of the other part.
mitltl'!l!ll'fl). That in conside<ation of ONE DOLLAR ($1.00)
in hand paid, the receipt whereof is hereby acknowledged, the said GrantorS do
Gwntee s. thei:r heirs and assigns,
D<i>lxoQ<
hereby grant and convey unto the said
ALL THEIR RIGHT, TITLE AND INTEREST in and to ALL THOSE CERTAIN lots or
pieces of land, with the buildings and improvements thereon erected,
situate in the Borough of West Fairview, CtmberlanJ County, Pennsylvania,
bounded and described in accordance with a survey by Ernest J. Walker,
Professional Engineer, dated April 14, 1975, as follows:
TRACT NO.1-BEGINNING at a point in the center line of North Front
Street, which point is at the center of a partition wall between
premises ..692 and 694 North Front Street, said point being also distant
South 24 degrees 40 minutes East 40.51 feet from the Southerly line of
Fairmont st;r.!"S!t;.thencethr.Qyg,h.,t:l1e center of a partition wall and be-
yond'Solftfi-' 66 degrees 24 minutes West144..Q2, feet to a stake on the
Ea&ter:J,Y-line__~__a 1~ foot wide public alley; tpence along the same Nort
24 degrees 40 m~nuEes---We,rt-'-:l5-;72-f"ee1:---te-a-po:tnt on the Southerly line
of Fairmont Street; thence along same North 64 degrees 30 minutes East
144.02 feet to an iron pin in the centerline of North Front Street;
thence North 21 degrees 5 minutes West 26.91 feet to a point; thence
North 71 degrees East 131 feet to a point on the Westerly line of the
Susquehann~ River; thence along same South 22 degrees East 54.48 feet to
a point; thence South 65 degrees 20 minutes West 129.51 feet to a point,
the place of BEGINNING.
-..-----.-..'--
TRACT NO.2~BEGINNING at a point on ~westerlY line of the 16 foot 'wide '
alley referred to in Tract No. 1 hereInabove" setf6rl:n-'and'-the--Southerly
line of Fairmont Street; thence along the Westerly line of said 16 foot
wide alley South 24 degrees 40 minutes East 62 feet to a point at the
Northerly line of land now or late of Mrs. Bertha Keys: thence along sam
South 64 degrees 30 minutes West 115.76 feet to a ~take; thence North
29 degrees 30 minutes West 62..14 feet to a stake on the Southerly line
of Fairmont Street, aforesaid; thence along same ~orth 64 degrees 30
minutes East 121 feet to a point, the place of BEGINNING.
HAVING thereon erected a two and one-half story frame and asbestos
dwellipg known as 694 North Front Street and a one story frame
building on Tract No.2.
UNDER AND SUBJECT to all restrictions, reservations, conditions and
limitations of record against said premises.
v
THIS IS A CORRECTIVE'DEED given for the purpose of conveying the ~
balance of land which was inadvertantly omitted from the Original
Deed dated July 30, 1975 and recorded in Deed Book E, Vol. 26, page
486.
PlAINTIFr: S
EXHIBIT
800K f\ 28 PAGE 869
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LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
R\ll
PETER BOLASH, and his wife,
GERALDINE BOLASH, and TINA
SHAFER, a/k/a TINA ROBERTSON,
Plaintiffs
v.
EDWARD KEYS, and his wife,
SHIRLEY KEYS,
Defendants
I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
: NO. 00-3524 EQUITY
CIVIL ACTION - EQUITY
ACTION FOR A DECLARATORY
: JUDGMENT
NOTICE TO PLEAD
TO: Peter Bolash, Geraldine Bolash and
Tina Shafer, a/k/a Tina Robertson, Plaintiffs
You are hereby notified that you have twenty (20) days in which to plead to the enclosed
New Matter or a Default Judgment may be entered against you.
Date: July 3, 2000
SNELBAKER, BRENNEMAN & SPARE, P. C.
. /1...,. 40_
~VJ?~.~, I
By:
Keith O. Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Defendants
,
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
PETER BOLASH, and his wife,
GERALDINE BOLASH, and TINA
SHAFER, a/k/a TINA ROBERTSON,
Plaintiffs
IN TIfE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-3524 EQUITY
v.
CIVIL ACTION - EQUITY
EDWARD KEYS, and his wife,
SIllRLEY KEYS,
ACTION FOR A DECLARATORY
JUDGMENT
Defendants
ANSWER WITH NEW MATTER
Defendants Edward Keys and Shirley Keys, by their attorneys, Snelbaker, Brenneman &
Spare, P. C. submit this Answer with New Matter in response to Plaintiffs' Complaint as follows:
ANSWER
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
5. Admitted.
6. Denied. It is denied that the properties of the parties are bordered by a 16-foot wide
alleyway which runs behind the parties' properties. To the contrary, there is no such alleyway
and to the extent it ever physically existed, it has been abandoned or vacated. By way of further
answer, there are numerous objects within the area which Plaintiffs contend constitutes the
alleyway. These objects include, but are not limited to, a utility pole, mature trees and
shrubbery. It is admitted that a copy of the deed into Plaintiffs Bolash is attached to the
Complaint. It is denied that the designation of any alley therein is relevant or of any legal
significance.
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7. Denied. It is denied that Plaintiffs Peter and Geraldine Bolash have consistently used
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a purported alleyway for ingress and egress to their home and back yard since 1970. To the
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contrary, no such alleyway exists. The averments of Paragraph 6 of this Answer are
and others on occasion and with Defendants' consent have walked across Defendants' property
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incorporated by reference herein by way of further answer. Although it is admitted that Plaintiffs
in the area where Plaintiffs claim the alleyway exists, it is denied, to the extent it is implied, that
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Plaintiffs have ever used Defendants' property, except with Defendants' express permission, as a
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means of ingress or egress by any means other than by foot.
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8. Denied. It is denied that Plaintiff Shafer has consistently used the alleyway for ingress
and egress for the reasons set forth in Paragraph 6, above, the averments of which are
incorporated by reference in this Paragraph. By way of further answer, the only time Plaintiff
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Shafer was permitted to cross Defendants' property by means other than by foot travel was after
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Plaintiff Shafer's former husband sought consent from Defendants to do so. To the extent
Plaintiff Shafer claims she otherwise crossed Defendants' property by means other than by foot,
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with Defendants' knowledge same is specifically denied.
9. Denied. Paragraph 9 of Plaintiffs' Complaint contains an unwarranted conclusion of
law to which no response is required by the Defendants pursuant to Pa.R.c.p. 1029(d). To the
extent a response is required, it is denied that Plaintiffs have an "easement" in this alleyway as
-2-
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
,
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
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alleged, that any alleyway exists and that Defendants cannot restrict the use of Defendants'
property. By way of further answer, the averments of Paragraphs 7 and 8, above, are
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incorporated by reference herein.
10. Denied. It is denied that Defendants have no right or authority to block or restrict
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access over their property by Plaintiffs or others. It is also denied any alleyway exists.
WHEREFORE, Defendants request that Plaintiffs' Complaint be dismissed with
prejudice and that judgment be entered in favor of Defendants together with costs and attorneys'
fees.
Demand is hereby made pursuant to Pa.R.C.P. 1601(b) for ajury trial on all issues off act
requiring determination.
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NEW MATTER
1 L In 1975, Defendant Edward Keys cleared behind Defendants' house a wooded area,
which wooded area included the area which Plaintiffs claim is an alleyway.
12. Before the clearing of the wooded area made reference to in Paragraph II, above,
Plaintiffs never attempted to or in fact did cross over Defendants' property.
13. The area claimed to be an alleyway by Plaintiffs is covered by grass.
14. The area claimed to be an alleyway by Plaintiffs has, since at least the time of
Plaintiffs Bolash's ownership of 692 North Front Street, West Fairview, never been paved or in
any way improved for purposes of allowing passage or movement of a motor vehicle or vehicles.
15. The area claimed to be an alleyway by Plaintiffs has, since at least the time of
Plaintiffs Bolash's ownership of 692 North Front Street, West Fairview, never had a visible
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cartway or any visible markings or signs designating an alleyway.
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16. The area claimed to be an alleyway by Plaintiffs has within it numerous mature trees,
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a utility pole, shrubbery and vegetation. Further, the "alleyway" in areas not adjoining property
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of the parties has mature trees, sheds, shrubbery, fences and other similar items and structures on
it.
17. The improvements ofFairmont Avenue provide for no access or delineation
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indicating access to the area claimed to be an alleyway by Plaintiffs.
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18. On and prior to 1982, Plaintiffs Bolash have maintained a garden in the area claimed
to be an alleyway directly behind 692 North Front Street, West Fairview.
19. The area claimed to be an alleyway and erroneously noted as a "public" alleyway on "
the Bolash deed has never been opened, improved or used as a public alley.
20. By operation oflaw, ownership of the area claimed to be an alleyway by the
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Plaintiffs has been vacated with title thereto passing to the property owners adjoining said area.
21. Defendants are the fee simple owners of property adjoining to the north and south
the area claimed by Plaintiffs to be an alleyway.
22. Defendants after the commencement of Plaintiffs Bolash's ownership of 692 North
Front Street, West Fairview, have maintained a garden in the area claimed by Plaintiffs to be an
alleyway.
23. Defendants after the commencement of Plaintiffs Bolash' s ownership of 692 North
Front Street, West Fairview, have maintained a wood pole in the area claimed by Plaintiffs to be
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
an alleyway.
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24. Plaintiffs' claims in this action are barred by the doctrine of unclean hands.
25. Plaintiffs are estopped from maintaining this action and asserting any claims before
this Court.
26. Plaintiffs each have direct access to their respective property by means of public
roadways adjoining their properties.
27. After Plaintiffs Bolash started living at 692 North Front Street, West Fairview, they
erected a fence with a pedestrian gate at the rear of their property adjoining the area they now
claim is an alleyway.
28. Plaintiffs' action is barred by the application of the doctrine oflaches.
29. Plaintiffs' Complaint fails to set forth any claim or cause of action upon which relief
may be granted.
30. Plaintiffs Bolash's use of the area claimed to be an alleyway by Plaintiffs has been
by permission of the Defendants for pedestrian use and on occasion, use by snowmobile.
31. Any use of the area claimed to be an alleyway by Plaintiffs other than pedestrian use
and on occasion use by snowmobile, has not been open, notorious and uninterrupted for 21 years.
SNELBAKER, BRENNEMAN & SPARE, P. C.
,
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
Date: July 3, 2000
BY:
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Defendants
Edward Keys and Shirley Keys
-5-
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
CERTIFICATE OF SERVICE
I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date,
caused a true and correct copy of the foregoing Answer with New Matter to be served upon the
person and in the manner indicated below:
FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS:
Joseph L. Hitchings, Esquire
26 West High Street
Carlisle, PA 17013
Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 W. Main Street
P. O. Box 318
Mechanicsburg, P A 17055
(717) 697-8528
Attorneys for Defendants
Edward Keys and Shirley Keys
Date: July 3, 2000
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
, '
VERIFICATION
I verify that the statements made in the foregoing Answer with New Matter
are true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C. S. Section 4909 relating to unsworn falsification to authorities.
C~K~/,j{-;o
Edward Keys
Date: July 3, 2000
VERIFICATION
I verify that the statements made in the foregoing Answer with New Matter
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are true and correct. I understand that false statements herein are made subject to the
penalties of 18 Pa. C. S. Section 4909 relating to unsworn falsification to authorities.
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Shirley Keys '
Dme: July 3, 2000
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SAlOIS,
SHUFF &
MASLAND
AITORNEYS.AT.LAW
26 W. High Street
Carlisle, PA
~"
PETER BOLASH, and his wife, :
GERALDINE BOLASH, and
TINA SHAFER, a/k/a
TINA ROBERTSON,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: .1000 - 35";)'/ bfft...ufy
CIVIL ACTION - EQUITY
v.
EDWARD KEYS, and his wife,
SHIRLEY KEYS,
ACTION FOR DECLARATORY JUDGMENT
Defendants
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take
action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by
attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment 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, GC TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
249-3166
SAIDIS" SHUFF & MASLAND
Dated:~ - '1-0C
l/
7
By:',--
Jo eph L. Hitchings, E~ uire
Supreme Court I.D. # 65 51
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiff
II
SAlOIS,
SHUFF &
MASLAND
AITORNEYS-AT.LAW
26 W. High Street
Carlisle, PA
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PETER BaLASH, and his wife, :
GERALDINE BaLASH, and
TINA SHAFER, a/k/a
TINA ROBERTSON,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. :
CIVIL ACTION - EQUITY
v.
EDWARD KEYS, and his wife,
SHIRLEY KEYS,
ACTION FOR DECLARATORY JUDGMENT
Defendants
AVISO PARA DEFENDER Y RECLAMAR DERECHOS
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse
de las quejas expuestas en las paginas siguientes, de be tomar
accion. con prontitud. Se Ie avisa que si no se defiende, el
caso puede proceder sin usted y decreto de divorcio 0
anuiamiento puede ser emitido en su contra por la Corte. Una
decision puede tambien ser emitida en su contra por cualquier
otra queja 0 compensacion reclamados por el demandante. Usted
puede perder dinero, 0 propiedades u otros derechos importantes
para usted.
Cuando la base para el divorcio es indignidades 0
rompimiento irreparable del martrimonio usted puede solicitar
consejo matrimonial. Una lista de consejeros matrimoniales esta
disponsible en la oficina del Prothonotary, en la York County
Court of Common Pleas, 28 East Market Street, York,
Pennsylvania.
SU USTED NO RECLAMA PENSION ALIMENTICIA.
HONORARIOS DE ABOGADO U OTROS GASTOS ANTES
FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO.
EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. .
PROPIEDAD MARITAL.
DE QUE EL DECRETO
US TED PUEDE PERDER
USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO
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SAlOIS,
SHUFF &
MASLAND
AITORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
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TIENE 0 NO PUEDE PAGAR UN ABOGADO. VAYA 0 LLAME A LA OFICINA
INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA
LEGAL.
Dated:6--j -CI)
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
249-3166
SAIDIS,) SHUFF & MAS. ~ /
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ByL' (, {c
Ja eph L. Hitcnings, 'Esquire
Supreme Court I.D. # 65551
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiff
SAlOIS,
SHUFF &
MASLAND
ATIORNEYS.AT-LA.W
26 W. High Street
Carlisle. PA
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PETER BOLASH, and
GERALDINE BOLASH,
TINA SHAFER a/k/a
TINA ROBERTSON,
his wife,: IN THE COURT OF COMMON PLEAS
and CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiffs
NO.: o"2-IH1J. 3.5"- 'I f.Jt;
CIVIL ACTION - EQUITY
J .t-.--
v.
EDWARD KEYS, and his wife,
SHIRLEY KEYS,
ACTION FOR DECLARATORY JUDGMENT
Defendants
COMPLAINT
AND NOW, comes the Plaintiffs, Peter and Geraldine
Bolash, and aver in support of their Complaint against
Defendants as follows:
1. Plaintiffs Peter Bolash and Geraldine Bolash, are
adult, married individuals residing at 692 North Front Street,
West Fairview, Cumberland County, Pennsylvania 17025.
2. Plaintiff Tina Shafer, also known as Tina
Robertson, is an adult individual residing at 19 Stewart Lane,
West Fairview, Cumberland'County, Pennsylvania 17025.
3. Defendants Edward Keys and Shirley Keys are adult
married individuals residing at 694 North Front Street, West
Fairview, Cumberland County, Pennsylvania 17025.
4. Plaintiffs Peter and Geraldine Bolash, reside next
door to Defendants.
II
-.1IiI
SAlOIS,
SHUFF &
MASLAND
AITORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
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5. Plaintiff Tina Shafer's, also known as Tina
Robertson's, backyard borders the backyards of the other
parties.
6. The properties of the parties are bordered by a 16
foot wide alleyway which runs behind the parties properties.
A true and correct copy of Plaintiff Bolash's deed referencing
the 16 foot wide alleyway is attached hereto, incorporated by
reference and marked as Exhibit "AU.
7. Since Plaintiffs Peter and Geraldine Bolash,
purchased the property in 1970, they have consistently used
the alleyway for ingress and egress to their home and back
yard.
8. Since 1987, when Plaintiff Tina Shafer, also known
as Tina Robertson, purchased her property, she has
consistently used the alleyway for ingress and egress to her
home and backyard.
9. Plaintiffs have an easement in the alleyway and
right of use which cannot be restricted by Defendants.
10. Defendants have no right or authority to block the
alleyway or otherwise restrict Plaintiffs use of the alleyway
for ingress and egress to their property.
2
II
SAlOIS,
SHUFF &
MASLAND
AlTORNEYS.AT-LAW
26 W. High Street
Carlisle, PA
WHEREFORE, Plaintiffs, Peter Bolash, Geraldine Bolash and
Tina Shafer, also known as Tina Robertson, respectfully
request that the Court enter an Order:
a. declaring that Plaintiffs, Peter Bolash, Geraldine
Bolash and Tina Shafer, also known as Tina
Robertson, have an easement in the 16 foot alleyway
behind their properties and that they have the right
to use the alleyway for ingress and egress to their
properties;
b. declaring that Defendants Edward Keys and Shirley
Keys shall not restrict or in any other way block
access to the alleyway;
c. directing Defendants Edward Keys and Shirley Keys to
remove any vehicles, equipment or other items
currently blocking the alleyway; and
d. granting such further relief as the Court may deem
appropriate.
Respectfully submitted,
s
"
DIS,
SHUFF
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~
seph L. Hitcni gs,
~ torney I.D. No.:
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiffs
quire
65 51
3
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ltf...cr Warn..ur ~ F~cc. 1lI<li-~ li.I:l.-
Heal")' Hall.lDII..IndJ.&..... Pa.
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dD.y of ~
seventy (1970J
CCi\C # C; C; 2 ?-
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MADE THE
of our Lo-rd one thousand nine hundred and
in the year
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BETWEEN
MARTIN L. KEYS and LENA MARIE KEYS. his 'wife.
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and
PETER E. BOLASH and GERALDI~ E. BOLASH. his wife.
Grantees "
WITNESSETH, IMI in c:onsiderolwn of
-------------- Six Thousand ($6,000.00) ---------------Dollars,
in hand po.id, the receipt whereof i8 hereby acknawledged, the said u'rantor s do he'reby grant
and conveu tD the said grantees,
ALL those two certain tracts or pieces of land situate in the Borough of
West Fairview. Cumberland County, Pennsylvania. bounded and described as follows:
TRACT NO.1. BEGINNING at a stake on the western side of the Susquehanna
River. which is On the southern line of land now or late of Lester P. Hoeh and
Bertha J. Hoeh, his wife; thence south twenty-two (22) degrees east along the
western side of the Susquehanna River, which is also the eas'tern line of the
.Borough of West Fairview, twenCy-six and two one-hundredths (26.02) feet to a
stake; thence south 30 degrees 30 minutes east along the western side of the
Susquehanna River. twenty-four and one-tenth (24.1) feet to a stake on the
northern line of land now or late of Bertha J. Keys; thence south 65 degrees
20 minutes west along said Keys land. one hundred thirty and thirty-five one-
hundredths (130.35) feet to a pin in the center of North Front Street, formerly
known as the road leading from Marysville to Harrisburg; thence north 24 degrees
40 minutes west along the center line of North Front Street, fifty (50) feet to
a pin, ~hich is On a line extended through the center of the partition wall
between houses Nos. 692 and 694 North Front Street; thence north 65 degrees 20
minutes east along land of said Lester P. Hoch and Bertha J. Hoch, his wife.
one hundred twenty-nine and five-tenths (129.5) feet to a stake on the western
side of the Susquehanna River, the place of Beginning.
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TRACT NO.2. BEGINNING at a pin in the center of North Front Street.
formerly known as the road leading from Marysville to Harrisburg, which pin
is in the line extended through the center of the partition wall between houses
Nos 692 and 694 North Front Street; thence south 24 degrees 40 minutes east along
the center line of North Front Street seventy-five (75) feet to a pin in the
northern line of land~ now or late of Bertha J. Keys; thence south 65 degrees
11 minutes west along said Keys land, one hundred farcy-four (144) feet to a
stake on the eastern line of a sixteen-foot alley; thence north 24 degrees 40
minutes west along said alley, seventy-eight (78) feet to a stake on the line
extended through the center of the partition wall between houses Nos. 692 and
694 North Front Street; thence north 66 degrees 24 minutes east along the line
through the center of said partition wall, one hundred forty-four and two ooe-
bundredths (144.02) feet to a pin in the center of North Front Street, the place
of Beginning.
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HAVING, thereon erected the southern half of a double 2~ story frame
dwelling house, which southern half is known as No. 692 North Front Street.
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The above descriptions are in accordance with a Plan prepared by D.
P. Raffensperger, Registered Surveyor. dated January 3. 1953.
BEING the same premises which Bertha J. Keys and Samuel I. Keys, her
husband, by Deed dated May 18, 1953. and recorded May 19, 1953, in Deed Book
G. Vol. 15, Page 462, Cumberland County Records, granted and conveyed unto
Martin L. Keys and Myrtle Keys. The said Myrtle KeyS having died AUglBt
1962, title remained vested in Martin L. Keys as tenant by the entireties.
Geral~ine E. Balash is the daughter of Martin L. Keys.
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warranty the propertll hereby conveyed.
IN WITNESS WHEREOF, said grantor have hereunto ,et their hands and srals
the day and year first above written.
:;lgne.,:;eale. an. l:lell~e... t~-J.,~J.:I:~=:-k-._._-~
. in the ~lre&C"nte of IN L. ~
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State of PENNSYLVANIA
County of CUMBERLAND , , '1-'2.
On this, tM "7"
}BS.
day of ~
.1970 , before me,
the undersigned officer, per,01Ullly appeared
Martin L. Keys and Lena Marie Keys~ his wife,
known to me (or satisfactorily proven) to be the per80n s whose -namm are subscribed to the
" ~~Jf&JSb(!::/' and acktWwledged that they ezecuted same for the purposes therein
.:~(;oIN 'wt~~ WHEREOF, I her,nnto Bet my hand and official Beal,
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\ ~~j:.v ';':'f\.J.~,~;v-~(CJ j ~!C:i' ":":' ~~::.~t.iC
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State of
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. before me,
County of
On this, the
day of
the undersigned officer, personally appeare.d
kno'l.Un to me (or satisfactorily proven) to be the person
within inatroment, and acknowledged that
contained.
IN WITNESS WHEREOF, I hereunto Bet my hand and ojficio.l Beal.
whose name subscribed to tlte
ezecu.ted same for the purposes tlte'rein
--_._-_._---_.._._...._....._...._......~
Title of Officer.
S). do hereby certify that the precise residence and complete post office addn.'18
of the within named grantee is r.. i 1.. AI...:U. ';} ~ Y!-. Lu h1 ;-~. It...
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Attorney fOT -O.-_..._m_.._..-..-.'
BOuK g 23 PAGE 840
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SHUFF &
MASLAND
ATIORNEYS-AT-LAW
26 W. High Street
Carlisle, P A
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VERIFICATION
We verify that the statements made in the foregoing
Complaint are true and correct.
We understand that false
statements herein are made subj ect to the penal ties of 18 Pa.
C.S. ~ 4904, relating to unsworn falsification to authorities.
DATED:
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Peter Bolash
DATED:
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Geraldine Bolash
SAlOIS,
SHUFF &
MASLAND
ATI'ORNEYS.ATlLAW
26 W. High Street
Carlisle, P A
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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.
P.s. ~ 4904, relating to unsworn falsification to authorities.
DATED:
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SHERIFF'S RETURN - REGULAR
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CASE NO: 2000-03524 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BOLASH PETER ET AL
VS
KEYS EDWARD ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, pensylvania, who being duly sworn according to law,
says, the within COMPLAINT - EQUITY
was served upon
KEYS EDWARD
the
DEFENDANT
, at 0014:00 HOURS, on the 12th day of June
, 2000
at 694 N. FRONT ST
WEST FAIRVIEW, PA 17025
by handing to
EDWARD KEYS, JR.
a true and attested copy of COMPLAINT - EQUITY
together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Aff idavi t
Surcharge
So Answers:
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R. Thomas Kline
18.00
9.92
.00
10.00
.00
37.92
06/13/2000
SAIDIS, SHUFF & MAS LAND
//
Sworn and Subscribed to before By:
me this .2() ~ day of
~ cM-vo A.D.
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Pr t onotary
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CASE NO: 2000-03524 P
SHERIFF'S RETURN - REGULAR
.\...
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BOLASH PETER ET AL
VS
KEYS EDWARD ET AL
CPL. MICHAEL BARRICK
, Sheriff or Deputy Sheriff of
Cumberland County, Pensyl vania , who being duly sworn according to law,
says, the within COMPLAINT - EQUITY
was served upon
the
KEYS SHIRLEY
, 2000
DEFENDANT
, at 0014:00 HOURS, on the 12th day of June
at 694 N. FRONT ST
WEST FAIRVIEW, PA 17025
by handing to
EDWARD KEYS, JR., (ADULT SON)
a true and attested copy of COMPLAINT - EQUITY
together with
NOTICE
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
6.00
.00
.00
10.00
.00
16.00
Sworn and Subscribed to before
me this .20 ~ day of
~J c2rrzrO A.D.
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, .. U /Hddl.; ~ .
P 0 honotary
So Answers:
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R. Thomas Kline
06/13/2000
SAIDIS, SHUFF & MASLAND ~
By:#~f~
Deputy h riff
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PETER BOLASH, and his wife,
GERALDINE BOLASH, and TINA
SHAFER, aIkIa TINA ROBERTSON,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - EQUITY
EDWARD KEYS, and his wife,
SHIRLEY KEYS,
: NO. 00-3524 EQUITY TERM
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Defendants
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Please enter the appearance of Keith O. Brenneman, Esquire and Snelbaker, Brenneman
& Spare, P. C., as attorneys for Defendants Edward Keys and Shirley Keys in the above-
captioned action.
SNELBAKER, BRENNEMAN & SPARE, P. C.
ate: June 22, 2000
BY:
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Defendants
Edward Keys and Shirley Keys
LAW OFFICES
SNELBAKER.
BRENNEMAN
Be SPARE
,
-
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
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CERTIFICATE OF SERVICE
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I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date,
caused a true and correct copy of the foregoing Praecipe to be served upon the person and in the
manner indicated below:
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FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS:
Joseph L. Hitchings, Esquire
26 West High Street
Carlisle, PA 17013
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Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 W. Main Street
P.O.Box318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Defendants
Edward Keys and Shirley Keys
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Date: June 22, 2000
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PETER BOLASH, and
his wife, GERALDINE
BOLASH, and TINA
SHAFER, a/k/a TINA
ROBERTSON,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - EQUITY
EDWARD KEYS, and his :
wife, SHIRLEY KEYS,
Defendants
NO. 00-3524 EQUITY TERM
ORDER OF COURT
AND NOW, this I~ ~ay of June, 2000, upon consideration of Plaintiffs' "Petition
for Injunction," and it appearing that it represents a request for a prelirninary injunction
pursuant to Pennsylvania Rule of Civil Procedure 1531, a hearing on the petition is
scheduled for Wednesday, the 19th day of July, 2000, at 1:30 p.m., in Courtroorn No.1,
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
a
J. ~ /IfaJJ
~.I.:1-()O
RK3
Joseph L. Hitchings, Esq.
26 West High Street
Carlisle, PA 17013
Attorney for Plaintiffs
Edward and Shirley Keys
694 North Front Street
Wormleysburg, PA 17025
Defendants, Pro Se
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SHUFF &
MASLAND
ATIORNEYS.AT-LAW
26 W. High Street
Carlisle. PA
.
PETER BOLASH, and his wife, :
GERALDINE BOLASH, and
TINA SHAFER, a/k/a
TINA ROBERTSON,
Plaintiffs
v.
EDWARD KEYS, and his wife,
SHIRLEY KEYS,
Defendants
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: &0. 3S-.:(f H
CIVIL ACTION - EQUITY
ACTION FOR DECLARATORY JUDGMENT
RULE TO SHOW CAUSE
AND NOW, this
day of
, 2000,
upon review of the attached petition for Injunction, Defendant
is hereby ordered to show cause, if any it has, why the relief
sought in Plaintiff's petition should not be granted.
Rule Returnable
at
a.m. in
Courtroom Number
, Cumberland County Courthouse,
Pennsylvania.
II
BY THE COURT:
J.
SAlOIS,
SHUFF &
MASLAND
ATI'ORNEYSIAT-LAW
26 W. High Street
Carlisle. P A
~,~,
PETER BOLASH, and his wife, :
GERALDINE BOLASH, and
TINA SHAFER, a/k/a
TINA ROBERTSON,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. :
Plaintiffs
CIVIL ACTION - EQUITY
v.
EDWARD KEYS, and his wife,
SHIRLEY KEYS,
ACTION FOR DECLARATORY JUDGMENT
Defendants
ORDER
AND NOW, on this
day of
, 2000,
issued upon consideration of the attached Petition for
Injunction and and following a hearing, said Petition is hereby
granted and Defendants Edward Keys and Shirley Keys are hereby
directed and ordered to remove any vehicles, equipment or other
items currently stored in the 16 foot wide alleyway running
behind their property and are further enjoined from blocking the
16 foot wide alleyway or restricting access to the alleyWay in
any other manner.
BY THE COURT,
J.
II
-
SAlOIS,
SHUFF &
MASLAND
ATIORNEVS-AT-LAW
26 W. High Street
Carlisle, PA
"
" , - ^'" "" '~ = - _'o~.
, 'ff -, ~" i;"
PETER BOLASH, and his wife, :
GERALDINE BOLASH, and
TINA SHAFER, a/k/a
TINA R.OBERTSON,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 01l - 3.j~.L 'f ~ 74..-
CIVIL ACTION - EQUITY
Plaintiffs
v.
EDWARD KEYS, and his wife,
SHIRLEY KEYS,
ACTION FOR DECLARATORY JUDGMENT
Defendants
PETITION FOR INJUNCTION
AND NOW, comes the Plaintiffs, Peter Bolash, Geraldine
Bolash and Tina Shafer, also known as Tina Robertson, by and
through their undersigned attorneys, Saidis, Shuff & Masland,
pursuant to Rule 1531 of the Pennsylvania Rules of Civil
Procedure, and petitions this Honorable Court for issuance of
a Permanent Injunction, and in support thereof avers as
follows:
1. Plaintiffs Peter and Geraldine Bolash are adult,
married individuals residing at 692 Front Street, West
Fairview, Cumberland County, Pennsylvania 17025.
2. Plaintiff Tina Shafer, also known as Tina Robertson,
is an adult individual residing at 19 Stewart Lane, West
Fairview, Cumberland County, Pennsylvania 17025.
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SAlOIS,
SHUFF &
MASLAND
AITORNEYS-AT.LAW
26 W. High Street
Carlisle, PA
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3. Defendants, Edward Keys and Shirley Keys are adult,
married individuals residing at 694 North Front Street, West
Fairview, Cumberland County, pennsylvania 17025.
4. Simultaneously with the filing of this Petition,
Plaintiffs have filed a Declaratory Judgment Complaint with
this Honorable Court. A true and correct of the Declaratory
Judgment Complaint is attached hereto, incorporated herein and
marked as Exhibit ~AH.
5. As alleged in the Declaratory Judgment Complaint,
Defendants have unlawfully blocked and restricted Plaintiff's
access to the 16 foot wide alleyway which borders their
properties and which they use for ingress and egress to their
properties.
6. The subject alleyway has been consistently used by
Plaintiffs Peter Bolash and Geraldine Bolash since the
purchase of their property in 1970, and by Plaintiff Tina
Shafer since she purchased her property in 1987.
7. Defendants have parked various vehicles and other
pieces of equipment to block the alleyway and prevent access
by the Plaintiffs.
8. As a result of the alleyway being blocked, plaintiff
Peter Bolash is unable to get access to his boat, which is
stored in his back yard.
2
II
SAlOIS,
SHUFF &
MASLAND
ATI'ORNEYS.AT.LAW
26 W. High Street
Carlisle, PA
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9. Because Defendants have blocked Plaintiffs access to
the alleyway, Plaintiffs' have been deprived of their use and
enjoyment of their boat and the convenience of accessing the
property from the alleyway.
10. Defendants' blocking of the alleyway serves no
legitimate purpose.
11. Plaintiffs' believe they are entitled to injunctive
relief on the following basis:
a. Preventing Defendants from restricting access
to the alleyway prevents irreparable harm not
compensable by monetary damages.
b. If Defendants continue to block the alleyway,
Plaintiffs' use and enjoyment of their boat
will be denied.
c. Granting the injunctive relief restores the
parties to the status quo.
d. The relief requested will not unduly restrict
the Defendants from their own use of the
alleyway, however, it will open up the alleyway
for use by the Plaintiffs.
e.
The Plaintiffs have no other adequate remedy at
law.
3
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SAlOIS,
SHUFF &
MASLAND
AITORNEYS.AT.LAW
26 W. High Street
Carlisle, PA
. .
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~
WHEREFORE, Plaintiffs Peter Bolash, Geraldine Bolash and
Tina Shafer, also known as Tina Robertson, respectfully
request that this Honorable Court enter an Order directing
that:
a. Defendants, their agents, family members and
all other persons be permanently enjoined and
restrained from blocking Plaintiffs access to
the alleyway in any manner or fashion;
b. Direct Defendants to remove any and all
vehicles or other equipment currently parked or
stored in the 16 foot wide alleyway;
c. Direct Defendants to pay Plaintiffs' fees and
costs associated with this legal action; and
d. Granting such further relief as the Court may
deem appropriate under the circumstances.
Respectfully submitted,
SHUFF & MAS LAND ;1
/
Dateb," 'l-<:x::.
{,
eph L. Hitchings, Es ire
torney I.D. No.: 6555
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiffs
4
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SAlOIS,
SHUFF &
MASLAND
ATrORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
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VERIFICATION
We verify that the statements made in the foregoing
Petition are true and correct.
We understand that false
statements herein are made subject to the penalties of 18 Pa.
C.S. S 4904, relating to unsworn falsification to authorities.
DATED:
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DATED:
Peter Bolash
,~~~
Geraldine Bolash
SAlOIS,
SHUFF &
MASLAND
ATTORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
. :,
'. "','
-"--"".L.".;;."
VERIFICATION
I verify that the statements made in the foregoing Petition
are true and correct.
I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. s 4904,
relating to unsworn falsification to authorities.
DATED:
(p- 5"- OC)
ill;:::er c./~ "
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SAlOIS, I
SHUFF & !
MASLAND
ATIORNEYS.AT.LAW
26 W. High Street
Carlisle, P A
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"",,__J
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PETER BOLASH, and his wife, :
GERALDINE BOLASH, and
TINA SHAFER, a/k/a
TINA ROBERTSON,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. :
CIVIL ACTION - EQUITY
v.
EDWARD KEYS, and his wife,
SHIRLEY KEYS,
ACTION FOR DECLARATORY JUDGMENT
Defendants
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take
action within twenty (20) days after this Complaint and Notice
are served, by entering a written appearance personally or by
attorney and filing in writing with the court your defenses or
objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a
judgment 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 HAW A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
249-3166
SAIDIS, SHUFF & MASLAND
Dated: :",
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By: ,__h' J p. "-
Joji'eph L. Hitchings, Es<\ruire
Supreme Court I.D. # 65~51
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiff
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SAlOIS,
SHUFF &
MASLAND
ATI'ORNEVS-AT.LAW
26 W. High Street
Carlisle, P A
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PETER BOLASH, and his wife, :
GERALDINE BOLASH, and
TINA SHAFER, a/k/a
TINA ROBERTSON,
Plaintiffs
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. :
CIVIL ACTION - EQUITY
v.
EDWARD KEYS, and his wife,
SHIRLEY KEYS,
ACTION FOR DECLARATORY JUDGMENT
Defendants
AVISO PARA DEFENDER Y RECLAMAR DERECHOS
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse
de las quej as expuestas en las paginas siguientes, debe tomar
accion con prontitud. Se Ie avisa que si no se defiende, el
caso puede proceder sin usted y decreto de divorcio 0
anuiamiento puede ser emi tido en su contra por la Corte. Una
decision puede tambien ser emitida en su contra por cualquier
otra quej a 0 compensacion reclamados por el demandante. Usted
puede perder dinero, 0 propiedades u otros derechos importantes
para usted.
Cuand0' la base para el divorcio es indignidades 0
rompimiento irreparable del martrimonio usted puede solicitar
consejo matrimonial. Una lista de consejeros matrimoniales esta
disponsible en la oficina del Prothonotary, en la York County
Court of Common Pleas, 28 East Market Street, York,
Pennsylvania.
SU USTED NO RECLAMA PENSION ALIMENTICIA.
HONORARIOS DE ABOGADO U OTROS GASTOS ANTES
FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO.
EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.
PROPIEDAD MARITAL.
DE QUE EL DECRETO
USTED PUEDE PERDER
US TED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO
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SAlOIS,
SHUFF &
MASLAND
ATIORNEYS.AT.LAW
26 W. High Street
Carlisle, PA
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TIENE 0 NO PUEDE PAGAR UN ABOGADO. VAYA 0 LLAME A LA OFICINA
INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA
LEGAL.
/ '
Dated:6' '/ -( i)
"
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
249-3166
SAIDIS,: SHUFF & MASLAND ,
. Il 7, /dJtJJ
By ~,--/'
Jo'eph L. Hitcnings, 'Esquire
Supreme Court I.D. # 65551
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiff
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SAlOIS,
SHUFF &
MASLAND
ATIORNEVS-AT-LAW
26 W. High Street
Carlisle, P A
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PETER BOLASH, and his wife,: IN THE COURT OF COMMON PLEAS
GERALDINE BOLASH, and CUMBERLAND COUNTY, PENNSYLVANIA
TINA SHAFER a/k/a
TINA ROBERTSON,
NO. :
Plaintiffs
CIVIL ACTION - EQUITY
v.
EDWARD KEYS, and his wife,
SHIRLEY KEYS,
ACTION FOR DECLARATORY JUDGMENT
Defendants
COMPLAINT
AND NOW, comes the Plaintiffs, Peter and Geraldine
Bolash, and aver in support of their Complaint against
Defendants as follows:
1. Plaintiffs Peter Bolash and Geraldine Bolash, are
adult, married individuals residing at 692 North Front Street,
West Fairview, Cumberland County, Pennsylvania 17025.
..
2. Plaintiff Tina Shafer, also known as Tina
Robertson, is an adult individual residing at 19 Stewart Lane,
West Fairview, Cumberland 'County, Pennsylvania 17025.
3. Defendants Edward Keys and Shirley Keys are adult
married individuals residing at 694 North Front Street, West
Fairview, Cumberland County, Pennsylvania 17025.
4. Plaintiffs Peter and Geraldine Bolash, reside next
door to Defendants.
SAlOIS,
SHUFF &
MASLAND
ATI'ORNEYS.AT-LAW
26 W. High Street
Carlisle, P A
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5. Plaintiff Tina Shafer's, also known as Tina
Robertson's, backyard borders the backyards of the other
parties.
6. The properties of the parties are bordered by a 16
foot wide alleyway which runs behind the parties properties.
A true and correct copy of Plaintiff Bolash's deed referencing
the 16 foot wide alleyway is attached hereto, incorporated by
reference and marked as Exhibit "AU.
7. Since Plaintiffs Peter and Geraldine Bolash,
purchased the property in 1970, they have consistently used
the alleyway for ingress and egress to their home and back
yard.
8. Since 1987, when Plaintiff Tina Shafer, also known
as Tina Robertson, purchased her property, she has
.'
consistently used the alleyway for ingress and egress to her
home and backyard.
9. Plaintiffs have an easement in the alleyway and
right of use which cannot be restricted by Defendants.
10. Defendants have no right or authority to block the
alleyway or otherwise restrict Plaintiffs use of the alleyway
for ingress and egress to their property.
2
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SAlOIS,
SHUFF &
MASLAND
ATTORNEYS-AT-LAW
26 w. High Street
Carlisle. P A
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WHEREFORE, Plaintiffs, Peter Bolash, Geraldine Bolash and
Tina Shafer, also known as Tina Robertson, respectfully
request that the Court enter an Order:
a. declaring that Plaintiffs, Peter Bolash, Geraldine
Bolash and Tina Shafer, also known as Tina
Robertson, have an easement in the 16 foot alleyway
behind their properties and that they have the right
to use the alleyway for ingress and egress to their
properties;
b. declaring that Defendants Edward Keys and Shirley
Keys shall not restrict or in any other way block
access to the alleyway;
c. directing Defendants Edward Keys and Shirley Keys to
remove any vehicles, equipment or other items
"
currently blocking the alleyway; and
d. granting such further relief as the Court may deem
appropriate.
Respectfully submitted,
, ,
Date!- - '/- cC
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SAlprs, SHUFF & Ml).SLAN!)
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J seph L. Hitclii gs, B;squire
~ torney I.D. No.: 65~51
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiffs
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MADE THE 'f
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BETWEEN
MARTIN L. kEyS and LENA rlARIE KEYS. his ''Wife.
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and
PETER E. BOLASH and GERALDINE E. BOLASH. his 'Wife.
Grantees ..
WiTNESSETH, that in consideration of
---------------- Six Thousand ($6,000.00) --------------- Dollars,
in hand paid, the receipt whe-reof 13 hereby acknowledged, the said g'ra.'utor s do hereby []'rant
and convey to the said grantees ,
ALL those tvo certain tracts or pieces of land situate in the Borough of
West Fairview. Cumberland County. Pennsylvania, bounded and described as follows:
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TRACT NO.1. BEGINNING at a stake on the western side of the Susquehanna
River. which is on the southern line of land now or late of Lester P. Hoch and
Bertha J. Hoch. his wife; thence south twenty-two (22) degrees east along the
western side of the Susquehanna River. which is also the eastern line of the
,Borough of West Fairview. twenty-six and CWo one-hundredths (26.02) feet to a
stake; thence south 30 degrees 30 minutes east along the western side of the
Susquehanna River. twenty-four and one-tenth (24.1) feet to a stake on the
northern line of land now or late of Bertha J. Keysj thence south 65 degrees
20 minutes west along said Keys land. one hundred thirty and thirty-five one-
hundredchs,(130.35) feet co a pin in the center of North Front Street, formerly'
known as the road leading from ~~rysville to Harrisburg; thence north 24 degrees
40 minutes vest along the center line of North Front Street, fifty (50) feet to
a pin, ~hich is on a line extended through the center of the partition wall
betveen houses Nos. 692 aod 694 North Front Street; thence north 65 degrees 20
minutes east along land of said Lester P. Hoch and Bertha J. Hoch. his wife,
one hundred twenty-nine and five-tenths (129.5) feet to a stake on the western
side of the Susquehanna River. the place of Beginning.
T~~CT NO. 2. nEGI1~ING at a pin in the center of North Front Street.
formerly known as the road leading from Marysville to Harrisburg. which pin
is in the line extended through the center of the partition wall between houses
Nos 692 and 694 North Front Streetj thence south 24 degre~s 40 minutes east along
the center line of North Front Street seventy-five (75) feet to a pin in the
northern line of lands now or late of Bertha J. Keys; thence south 65 degrees
11 minutes west alcng said Keys land, one hundred forty-four (144) feel to a
stake on the eastern line of a sixteen-foot alleYi thence north 24 degrees 40
minutes west along said alley. seventy-eight (78) feet to a stake on the line
extended through the center of the partition wall between houses Nos. 692 and
694 North Front Street; thence north 66 degrees 24 minutes east along the line
through the center of said partition wall. one hundred forty-four and twO one-
hundredths (144.02) feet to a pin in the center of North Front Street. the place
of Beginning.
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HAVING. thereon ere~ted the southern half of a double 2~ story frame
dwelling house. which southern half is known as No. 692 North Front Street.
The above descriptions are in accordance with a Plan prepared by D.
P. Raffensperger. Registered Surveyor. dated January 3, 1953.
BEING the Game premises which Bertha J. Keys and Samuel I. Keys; her
husband. by Deed dated May 18, 1953, and recorded May 19, 1953, in Deed Book
G. Vol. 15, Page 462~ Cumberland County Records~ granted and conveyed unto
Martin L. Keys and Myrtle Keys. The said Myrtle Keys having died Au~t
1962) title remained vested in Martin L. Keys as tenant by the entireties.
Geral~ine E. Balash 1s the daughter of Martin L. Keys.
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warran~y the property hereby conveyed.
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IN WITNESS WHEREOF, said. grantl>>" he. vo htT/nmt<> set their
the day and year first above written.
htl1tds and scals
:;;tsne', :;;eate' an" l;leU".re' ~~' ___LL:I:~,=-k_._.__~
. in thel1reiH"nce of IN L" ~
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Stitt< of PENNSYLVANIA
GO"Unty of CUMBERLAND . , >"i
On this, tM ..,.
}BS.
day of ~
J 19/0 . before me,
the under$ign.ed ofJice,T, personally eppeaTed
Martin L" Keys and Lena Marie Keys, his wife,
known to me (01' satisfactorily proven) to be the person. s wMse na.mEB are 81Lbscribcd to the
, ~~~f~F;:,~t. and acknDwledged that they ezecu.ted same faT the purposes therein
.~~::'YIN '11-.~~. WHEREOF, I htT,unto set my he.nd and official seal, .
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">';'~~~:~'~::~.:~,,~_'/' Le..,o)"., 1';, ,., "..1~Tiil4 of Office'r.
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State of
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. before me,
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On this. th.e
day of
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the undersioned officer. persona.lly appeared
known to me (or satisfactorily proven) to be the per80n
within instrument, and aekrwwledged that
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
whose name subscribed to tlte
e~ecuted same for the purposes the'rein
------_._._.__._-_..._--_.._-,--_._~~
Title of Officer,
~ do hereby certify that the precise residence and complete post office addrCiUJ
of the within named grantee is. (, "I '- ;V ~ :t ~ Y+. W h-1 r ~ . ft..
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BOuK g 23PAGE 8.10
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SAlOIS,
SHUFF &
MASLAND
ATI'ORNEYS-AT-LAW
26 W. High Street
Carlisle. P A
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VERIFICATION
We verify that the statements made in the foregoing
Complaint are true and correct.
We understand that false
statements herein are made subj ect to the penal ties of 18 Pa.
c.s. ~ 4904, relating to unsworn falsification to authorities.
DATED:
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Peter Bolash
DATED:
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Geraldine Bolash
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SAlOIS,
SHUFF &
MASLAND
ATIORNEYS-AT-LAW
26 W. High Street
Carlisle. P A
VERIFICATION
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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.
P.S. ~ 4904, relating to unsworn falsification to authorities.
DATED:
(,,-5-00
A I.../y lid
Tina Shafer
f'G\Cl '" (' 1 e.. d
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SHUFF &
MASLAND
ATI'ORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
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CERTIFICATE OF SERVICE
On this ~ day of ~
hereby certify that I served a true and correct copy of the
, 20QD I,
foregoing Petition upon all parties of record via United States
Mail, postage prepaid, addressed as follows:
Edward and Shirley Keys
694 North Front Street
West Fairview, PA 17025
II
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PETER BOLASH, and his wife,
GERALDINE BOLASH, and TINA :
SHAFFER, a/k/a TINA ROBERTSON:
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - EQUITY
EDWARD KEYS, and his wife,
SHIRLEY KEYS,
Defendants
00-3524 EQUITY TERM
IN RE: PRETRIAL CONFERENCE
A pre-trial conference was held in the chambers of
the undersigned judge on Monday, September 25, 2000. Present on
behalf of the Plaintiffs was Joseph L. Hitchings, Esquire.
Present on behalf of the Defendants was Keith O. Brenneman,
Esquire.
This is a declaratory judgment action brought to
determine rights of the Plaintiffs to use of a certain alley which
appears on a subdivision plan. The basis for Plaintiffs' claim is
an implied easement.
This will be a non-jury, equity trial of an estimated
duration of one-half day. By separate Order of Court, the nonjury
trial in this matter has been scheduled for Monday, October 9,
2000, at 9:30 a.m., in Courtroom Number 1, Cumberland County
Courthouse, Carlisle, Pennsylvania.
No unusual issues are expected to arise in this case.
By the Court,
J. .We
Joseph L. Hitchings, Esquire
For the Plaintiffs
Keith O. Brenneman, Esquire
For the Defendants
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LAW OFFICES
SNELSAKER,
BRENNEMAN
& SPARE
',,"
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PETER BOLASH, and his wife,
GERALDINE BOLASH, and TINA
SHAFER, aJk/a TINA ROBERTSON,
, Plaintiffs
v.
EDWARD KEYS, and his wife,
SHIRLEY KEYS,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-3524 EQUITY
CIVIL ACTION - EQUITY
ACTION FOR A DECLARATORY
JUDGMENT
NOTICE TO PLEAD
TO: Peter Bolash, Geraldine Bolash and Tina Shafer
aJk/a Tina Robertson, Plaintiffs
You are hereby notified that you have twenty (20) days in which to plead to the enclosed
New Matter or a Default Judgment may be entered against you.
Date: July 19,2000
SNELBAKER, BRENNEMAN & SPARE, P. C.
!<~
By:
Keith O. Brenneman, Esquire
44 West Main Street
Mechanicsbnrg, PA 17055
(717) 697-8528
Attorneys for Defendants
LAW OFFICES
SNEL.BAKER.
BRENNEMAN
& .sPARE
~
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,
PETER BOLASH, and his wife,
GERALDINE BOLASH, and TINA
SHAFER, a/kIa TINA ROBERTSON,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 00-3524 EQUITY
CIVIL ACTION - EQUITY
v.
EDWARD KEYS, and his wife,
SHIRLEY KEYS,
ACTION FOR A DECLARATORY
JUDGMENT
Defendants
ANSWER TO PETmON FOR INJUNCTION WITH NEW MATTER
Defendants Edward Keys and Shirley Keys by their attorneys, Snelbaker, Brenneman &
Spare, P. C.. submits this Answer with New Matter to Plaintiff's Petition For Injunction as
follows:
ANSWER
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted. By way of further answer, Defendants' Answer with New Matter is
incorporated by reference herein.
5. Admitted in part; denied in part. It is admitted only that Plaintiffs have made
allegations concerning Defendants in the Declaratory Judgment Complaint as noted in Paragraph
5 of the Petition. Paragraph 5 is denied as containing unwarranted conclusions of law to which
no response is required by the Defendants. To the extent a response is deemed necessary,
Plaintiffs' Answer with New Matter to Plaintiff s Complaint is incorporated by reference herein.
By way of further response, Defendants have consented in the past on numerous occasions to
Plaintiffs' use of the area of the purported alleyway for pedestrian purposes and other uses.
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6. Denied. It is denied that any alleged alleyway has been consistently used by the
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Plaintiffs since their respective ownership of their property. It is admitted only that Plaintiffs
have utilized Defendants' property, which is also the area which Plaintiffs claim is an alleyway
7. Denied. It is denied that Defendants have parked various vehicles and other pieces of
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on occasion with the specific consent and permission of the Defendants.
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equipment in order to block the alleyway and prevent access by the Plaintiffs. To the contrary,
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there is no alleyway in existence and the Plaintiffs have been given permission and on occasion
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to use the area which they claim is an alleyway. By way of further response, any parking of
vehicles and other equipment by Defendants has been lawful.
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8. Denied. It is denied that Plaintiff has been unable to get access to his boat which is
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stored in his backyard. To the contrary, Plaintiff Peter Bolash has other means of obtaining
access to his boat other than by way of the purported alleyway. By way of further answer,
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Defendant Edward Keys specifically gave Plaintiff Peter Bolash consent to bring his boat across
Defendants' property to Fairmont Street.
9. Denied. It is denied that Defendants have blocked Plaintiffs' access to any alleyway.
It is further denied that any such alleyway exists. It is also denied that Plaintiffs have been
denied any use and enjoyment of their boat and the convenience of accessing their property from
the alleyway. To the contrary, Defendant Edward Keys specifically gave PlaintiffBolash
permission to take his boat across Defendants' property even though Plaintiffs have a means to
move the boat from Plaintiffs' property without going across Defendants' property.
10. Denied. It is denied that Defendants blocked any alleyway. Accordingly, it is denied
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
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that Defendants' blocking ofthe alleyway serves not legitimate purpose. By way of further
answer, no alleyway exists on or across Defendants' property.
11. Paragraph 11 of Plaintiffs' Petition contains a series of unwarranted conclusions of
law to which no response is required by Defendants. To the extent a response is required, it is
denied that Plaintiffs have suffered or will suffer any irreparable harm not compensable by
monetary damages. Further, it is denied that Plaintiffs have sustained any harm whatever by act
or conduct of the Defendants. It is denied that Plaintiffs' use and enjoyment of their boat has
been or will be denied based upon any claim that Defendants continue to block the alleged
alleyway. It is denied that any such alleyway exists.
WHEREFORE, Defendants request that Plaintiffs' Complaint be dismissed with
prejudice and that judgment be entered in favor of Defendants together with costs and attorney's
fees.
NEW MATTER
12. In 1975, Defendant Edward Keys cleared behind Defendants' house a wooded area,
which wooded area included the area which Plaintiffs claim is an alleyway.
13. Before the clearing of the wooded area made reference to in Paragraph 11, above,
Plaintiffs never attempted to or in fact did cross over Defendants' property.
14. The area claimed to be an alleyway by Plaintiffs is covered by grass.
15. The area claimed to be an alleyway by Plaintiffs has, since at least the time of
Plaintiffs Bolash's ownership of 692 North Front Street, West Fairview, never been paved or in
any way improved for purposes of allowing passage or movement of a motor vehicle or vehicles.
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
16. The area claimed to be an alleyway by Plaintiffs has, since at least the time of
Plaintiffs Bolash's ownership of 692 North Front Street, West Fairview, never had a visible
-3-
i
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
cartway or any visible markings or signs designating an alleyway.
17. The area claimed to be an alleyway by Plaintiffs has within it numerous mature trees,
a utility pole, shrubbery and vegetation. Further, the "alleyway" in areas not adjoining property
ofthe parties has mature trees, sheds, shrubbery, fences and other similar items and structures on
it.
18. The improvements ofFairmont Avenue provide for no access or delineation
indicating access to the area claimed to be an alleyway by Plaintiffs.
19. On and prior to 1982, Plaintiffs Bolash have maintained a garden in the area claimed
to be an alleyway directly behind 692 North Front Street, West Fairview.
20. The area claimed to be an alleyway and erroneously noted as a "public" alleyway on
the Bolash deed has never been opened, improved or used as a public alley.
21. By operation of law, ownership of the area claimed to be an alleyway by the
Plaintiffs has been vacated with title thereto passing to the property owners adjoining said area.
22. Defendants are the fee simple owners of property adjoining to the north and south
the area claimed by Plaintiffs to be an alleyway.
23. Defendants after the commencement of Plaintiffs Bolash's ownership of 692 North
Front Street, West Fairview, have maintained a garden in the area claimed by Plaintiffs to be an
alleyway.
24. Plaintiffs' claims in this action are barred by the doctrine of unclean hands.
-4-
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
"
25. Plaintiffs are estopped from maintaining this action and asserting any claims before
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this Court.
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26. Plaintiffs each have direct access to their respective property by means of public
roadways adjoining their properties.
27. After Plaintiffs Bolash started living at 692 North Front Street, West Fairview, they
i;
erected a fence with a pedestrian gate at the rear of their property adjoining the area they now
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claim is an alleyway.
28. Plaintiffs' action is barred by the application of the doctrine oflaches.
29. Plaintiffs' Complaint fails to set forth any claim or cause of action upon which relief
,
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may be granted.
i'-
30. Plaintiffs Bolash's use of the area claimed to be an alleyway by Plaintiffs has been
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by permission of the Defendants for pedestrian use and on occasion, use by snowmobile.
31, Any use of the area claimed to be an alleyway by Plaintiffs other than pedestrian use
and on occasion use by snowmobile, has not been open, notorious and uninterrupted for 21 years.
WHEREFORE, Defendants request that Plaintiffs' Complaint be dismissed with
prejudice and that judgment be entered in favor of Defendants together with costs and attorney's
fees.
SNELBAKER, BRENNEMAN & SPARE, P. C.
14~
Date: July 19,2000
By:
Keith O. Brenneman, Esquire
44 W. Main Street
Mechanicsburg, P A 17055
(717) 697-8528
Attorneys for Defendants
Edward Keys and Shirley Keys
-5-
I
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
.'
VERIFICATION
I verify that the statements made in the foregoing Answer to Petition are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4909 relating to unsworn falsification to authorities.
&at~Q JIu f0'
Edward Keys
Date: July 19, 2000
VERIFICATION
I verify that the statements made in the foregoing Answer to Petition are true and correct.
I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section
4909 relating to unsworn falsification to authorities.
,~~~
Shirley Ke
Date: July 19, 2000
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
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CERTIFICATE OF SERVICE
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I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date,
caused a true and correct copy of the foregoing Answer to Petition to be served upon the person
and in the manner indicated below:
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FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS:
Joseph L. Hitchings, Esquire
26 West High Street
Carlisle, PA 17013
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Keith O. Brenneman, Esquire
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 W. Main Street
P. O. Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Defendants
Edward Keys and Shirley Keys
Date: July 19, 2000
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PETER BOLASH and his
wife, GERALDINE BOLASH,
and TINA SHAFER, a/k/a
TINA ROBERTSON,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - EQUITY
EDWARD KEYS, and his
wife, SHIRLEY KEYS,
Defendants
No. 00-3524 EQUITY TERM
ORDER OF COURT
AND NOW, this 19th day of July, 2000, upon
consideration of Plaintiffs' "Petition for Injunction,"
which the Court has construed as a request for a
preliminary injunction pursuant to Pennsylvania Rule of
Civil Procedure 1531, and pursuant to an agreement reached
in open court among the parties and their respective
counsel, it is ordered, adjudged, and decreed as follows:
1. Peter Bolash will be permitted to drive
through the alleyway to store his boat.
2. Plaintiffs are permitted to use the
alleyway for foot travel.
This decree is without prejudice to the
positions of the parties on the underlying merits of the
case.
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By the Court,
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Joseph L. Hitchings, Esquire
26 West High Street
Carlisle, PA 17013
For the Plaintiffs
Keith O'Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
For the Defendants
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PETER BOLASH and his
wife, GERALDINE BOLASH,
and TINA SHAFER, a/k/a
TINA ROBERTSON,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - EQUITY
EDWARD KEYS, and his
wife, SHIRLEY KEYS,
Defendants
No. 00-3524 EQUITY TERM
ORDER OF COURT
AND NOW, this 19th day of July, 2000, the
nonjury equity trial in this case is scheduled for Monday,
October 9, 2000, at 9:30 a.m., in Courtroom No.1,
Cumberland County Courthouse, Carlisle, Pennsylvania, and
the pretrial conference in the case is scheduled for
Monday, September 25, 2000, at 1:30 p.m., in the chambers
of the undersigned judge. Pretrial memoranda, pursuant to
the Local Rules of Civil Procedure, shall be due five days
prior to the pretrial conference.
By the Court,
Joseph L. Hitchings, Esquire
26 West High Street
Carlisle, PA 17013
For the Plaintiffs
Keith O'Brenneman, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
For the Defendants
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GO JUL 2,' {j;'l g: 57
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SHUFF &
MASLAND
ATI'ORNEYS-AT-LAW
26 W. High Street
Carlisle. PA
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PETER BOLASH, and his wife,:
GERALDINE BOLASH, and
TINA SHAFER, a/k/a
TINA ROBERTSON,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.: 003524 Equity
Plaintiffs
EQUITY
v.
EDWARD KEYS, and his wife,
SHIRLEY KEYS,
ACTION FOR DECLARATORY JUDGMENT
Defendants
REPLY TO NEW MATTER
AND NOW, comes the Plaintiffs through their undersigned
attorneys, Saidis, Shuff & Masland, and replies to Defendant's
New Matter as follows:
11. Denied. There was never a wooded area in the area
of the alleyway.
12. Denied. Plaintiffs have been using the alleyway
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since 1970, which alleyway is not Defendant's property.
13. Admitted.
14. Admitted in part and denied in part. It is admitted
that the alleyway has never been paved or improved, however,
it is denied that the alleyway cannot be used for motor
vehicles, as it has been by both the Plaintiffs and
Defendants.
II
.
SAlOIS,
SHUFF &
MASLAND
ATI'ORNEYS-ATlLAW
26 W. High Street
Carlisle. PA
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15. Admitted.
It is admitted that there are no visible
signs. By way of further answer, see Answer to Paragraph 14
above.
16. Admitted in part, denied in part.
It is admitted
that there is a telephone pole which is located right on the
inside edge of the alleyway. By way of further answer, there
is one tree in the alleyway, however it is denied that this in
any way implies that the alleyway cannot be accessed and used.
17. Denied. The alleyway is clearly delineated based on
the parties' property stakes.
18. The garden, which Defendants refer to, was above the
alleyway and never in any part of the alleyway.
19. Denied. The alleyway was not erroneously noted as a
"public" alleyway on the Bolash deed. The deed merely refers
to the 16 foot alleyway.
It is admitted that the alleyway was
never dedicated, however, it is denied that the alleyway has
not been used both by the Plaintiffs and the Defendants.
20. The averments of Paragraph 20 constitute conclusions
of law to which no responsive pleading is required. By way of
further answer, by operation of law, Plaintiffs have an
easement by implication to use the alleyway for ingress and
egress to their properties.
2
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SHUFF &
MASLAND
ATIORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
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21. Admitted in part and denied in part.
It is admitted
that the Defendants are the fee simple owners of the property
to the north and south, but it is denied that in any way that
gives them any ownership rights in the alleyway.
22. Denied. Defendants have not maintained the garden
and the alleyway. While it is true that they attempted to do
so, after correspondence from Plaintiff's former counsel, the
garden was moved.
23. Denied. There is no wood pole in the alleyway.
24. The averments of Paragraph 24 constitute conclusions
of law to which no responsive pleading is required.
25. The averments of Paragraph 25 constitute conclusions
of law to which no responsive pleading is required.
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26. Admitted in part and denied in part.
It is admitted
that the Plaintiffs have direct access to the fronts of their
property by means of public roadway. However, it is denied
that they can get a vehicle back to the rear of their property
without use of the alleyway.
27. Denied. Plaintiffs Bolash did not erect the fence
and the gate after they started living at 692 North Front
Street.
In fact, the fence was erected as early as 1953, and
does not impede on the alleyway.
3
II
SAlOIS,
SHUFF &
MASLAND
AITORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
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28. The averments of Paragraph 28 constitute conclusions
of law to which no responsive pleading is required.
29. The averments of Paragraph 29 constitute conclusions
of law to which no responsive pleading is required.
30. Denied.
Plaintiffs have never asked Defendants
permission to use the alleyway, as Defendant's have no right
or authority to grant said rights to use.
31. Denied. Plaintiffs have been using the alleyway
since they purchased the property in 1970, which is
approximately 5 years prior to the Defendants' purchase of
their property.
Respectfully submitted,
Date7_"J.<-o'U
seph L. Hitcni gs, Es
Attorney I.D. No.: 65551
26 West High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiffs
4
II
SAlOIS,
SHUFF &
MASLAND
ATIORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
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VERIFICATION
We verify that the statements made in the foregoing Reply
to New Matter are true and correct.
We understand that false
statements herein are made subject to the penalties of 18 Pa.
C.S. 5 4904, relating to unsworn falsification to authorities.
DATED:
7/2//CJO
~f)d
,
114.#
Peter Bolash
DATED:
/i~..~
Geraldine Bolasn
{,:
SAlOIS,
SHUFF &
MASLAND
AlTORNEYS-AT-LAW
26 W. High Street
Carlisle. PA
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VERIFICATION
I verify that the statements made in the foregoing Reply to
New Matter are true and correct.
I understand that false
statements herein are made subject to the penalties of 18 Pa.
P.S. 8 4904, relating to unsworn falsification to authorities.
DATED:
7'--. L'Z.---eo
;:j~ 7Jft/l-J;;~?:J
'f!na Robertson
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SAlOIS,
SHUFF &
MASLAND
AITORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
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CERTIFICATE OF SERVICE
On this ~~ day of
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hereby certify that I served a true and correct copy of the
foregoing Reply to New Matter upon all parties of record via
United States Mail, postage prepaid, addressed as follows;
Keith Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
,
II
SAIDIS, SHUFF & MASLAND
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ATIORNEYS-AT-LAW
26 W. High Street
Carlisle. PA
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PETER BOLASH, and his wife, :
GERALDINE BOLASH, and
TINA SHAFER a/k/a
TINA ROBERTSON,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. : ()f).3" J- <f
Plaintiffs
CIVIL ACTION - EQUITY
V.'
EDWARD KEYS, and his wife,
SHIRLEY KEYS,
ACTION FOR DECLARATORY JUDGMENT
Defendants
REPLY TO NEW MATTER
AND NOW, comes the Plaintiffs through their undersigned
atto~neys, Saidis, Shuff & Masland, and replies to Defendant's
New Matter as follows:
12. Denied. Plaintiffs have been using the alleyway
since 1970, which alleyway is not Defendant's property.
13. Admitted.
14. Admitted in part and denied in part. It is admitted
that the alleyway has never been paved or improved, however~
it is denied that the alleyway cannot be used for motor
vehicles, as it has been by both the Plaintiffs and
Defendants.
15. Admitted. It is admitted that there are no visible
signs. By way of further answer, see Answer to Paragraph 14
above.
II
SAlOIS,
SHUFF &
MASLAND
ATIORNEYS-AT-LAW
26 W. High Street
Carlisle. PA
.'
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16. Admitted in part, denied in part.
It is admitted
that there is a telephone pole which is located right on the
inside edge of the alleyway. By way of further answer, there
is one tree in the alleyway, however it is denied that this in
any way implies that the alleyway cannot be accessed and used.
17. Denied. The alleyway is clearly delineated based on
the parties' property stakes.
18. The garden, which Defendants refer to, was above the
alleyway and never in any part of the alleyway.
19. Denied. The alleyway was not erroneously noted as a
"public" alleyway on the Bolash deed. The deed merely refers
to the 16 foot alleyway.
It is admitted that the alleyway was
never dedicated, however, it is denied that the alleyway has
not been used both by the Plaintiffs and the Defendants.
20. The averments of Paragraph 20 constitute conclusions
of law to which no responsive pleading is required. By way of
further answer, by operation of law, Plaintiffs have an
easement by implication to use the alleyway for ingress and
egress to their properties.
21. Admitted in part and denied in part.
It is admitted
that the Defendants are the fee simple owners of the property
to the north and south, but it is denied that in any way that
gives them any ownership rights in the alleyway.
il
SAlOIS, of law to
SHUFF &
MASLAND 29.
ATIORNEYS'AT-LAW
26 W. High Street of law to
Carlisle, PA
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22. Denied. Defendants have not maintained the garden
and the alleyway. While it is true that they attempted to do
so, after correspondence from Plaintiff's former counsel, the
garden was moved.
23. Denied. There is no wood pole in the alleyway.
24. The averments of Paragraph 24 constitute conclusions
of law to which no responsive pleading is required.
25. The averments of Paragraph 25 constitute conclusions
of law to which no responsive pleading is required.
26. Admitted in part and denied in part.
It is admitted
that the Plaintiffs have direct access to the fronts of their
property by means of public roadway. However, it is denied
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that they can get a vehicle back to the rear of their property
without use of the alleyway.
27. Denied. Plaintiffs Bolash did not erect the fence
and the gate after they started living at 692 North Front
Street.
In fact, the fence was erected as early as 1953, and
does not impede on the alleyway.
28. The averments of Paragraph 28 constitute conclusions
which no responsive pleading is required.
The averments of Paragraph 29 constitute conclusions
which no responsive pleading is required.
jl
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SAlOIS,
SHUFF &
MASLAND
A'ITORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
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30. Denied. Plaintiffs have never asked Defendants
permission to use the alleyway, as Defendant's have no right
or authority to grant said rights to use.
31. Denied.
Plaintiffs have been using the alleyway
since they purchased the property in 1970, which is
approximately 5 years prior to the Defendants' purchase of
their property.
"
,
Respectfully submitted,
Date <J- 6-01:>
'z
SHUFF
D
J seph L. Hitchings, Esquire
ttorney I.D. No.: 65551
26 West High Street
Carlisle, PA 17013
(717) 243-6222
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SAlOIS,
SHUFF &
MASLAND
A'ITORNEYS-AT-LAW
26 W. High Street
Carlisle. P A
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VERIFICATION
We verify that the statements made in the foregoing Reply
to New Matter are true and correct.
We understand that false
statements herein are made subj ect to the penal ties of 18 Pa.
c.s. ~ 4904, relating to unsworn falsification to authorities.
DATED:
7/ :?floe
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'~aiJJJ
DATED:
,!j~d/~ ,7?-/~
Geraldine Bolash
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SAlOIS,
SHUFF &
MASLAND
A1TORNEYS1AT-LAW
26 W. High Street
Carlisle, PA
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VERIFICATION
I verify that the statements made in the foregoing Reply to
New Matter are true and correct.
I understand that false
statements herein are made subj ect to the penal ties of 18 Pa.
P.S. S 4904, relating to unsworn falsification to authorities.
DATED:
o;~ 1-(- OD
<' r~'-'j
~{/lJR 71 ~~J
{ Tina Robertson
I,
SAlOIS,
SHUFF &
MASLAND
ATI'ORNEYS-AT-LAW
26 W. High Street
Carlisle, PA
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lIllo..lIdloliliIiIWI,\liM:i
CERTIFICATEjPF SERVICE
On this tt""tt-- day of ').t1.eIJ /eJA..b.ll1. ' 20(lQ, I,
hereby certify that I served a true and correct copy of the
foregoing Reply to New Matter upon all parties of record via
United States Mail, postage prepaid, addressed as follows:
Keith Brenneman, Esquire
44 West Main Street
Mechanicsburg, PA 17055
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PETER BOLASH, and
his wife, GERALDINE
BOLASH, and TINA
SHAFER, aJk/a TINA
ROBERTSON,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
CIVIL ACTION - EQUITY
EDWARD KEYS, and his :
wife, SHIRLEY KEYS,
Defendants
NO. 00-3524 EQUITY TERM
DECREE NISI
AND NOW, this 12th day of October, 2000, upon consideration of Plaintiffs'
complaint in equity in the above-captioned case, and following a trial held on October 9,
2000, the court finds in favor of Plaintiffs and against Defendants, and it is ordered,
adjudged and decreed as follows:
I. Plaintiffs are declared to have a right, running with their
respective lands, to use, by rnotor vehicle or otherwise, the 16-foot
alley abutting the property of Defendants, said alley being shown on
the subdivision plan attached to the deed from Bertha J. Keys and
Samuel 1. Keys to Martin L. Keys and Myrtle Keys, dated May 18,
1953, and recorded in the Office of the Record of Deeds in and for
./
Cumberland County, Pennsylvania, in Deed Book 15G, Page 462, a
further portion of which alley is referenced in the deed frorn William
E. Steward, Jr., and Doris M. Stewart, to Peter E. Bolash and
Geraldine E. Bolash dated April 16, 1984, and recorded in the Office
of the Recorder of Deeds in and for Curnberland County,
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Pennsylvania, in Deed Book 30Q, Page 602, for purposes of ingress,
egress, regress and passage over the length thereof, said right of use
to include, but not be limited to, the transporting of a boat or boats
owned by Plaintiffs Bolash.
2. Defendant are enjoined frorn impeding Plaintiffs' use of the
alley, by parking of vehicles within the alley or otherwise, including
the parking of vehicles on Fairrnount Street across the entrance to
the alley.
BY THE COURT,
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l/ \D\~
Joseph L. Hitchings, Esq.
26 West High Street
Carlisle, PA 17013
Attorney for Plaintiffs
Keith o. Brennernan, Esq.
44 West Main Street
Mechanicsburg, PA 17055
Attorney for Defendants
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PETER BOLASH and his wife:
GERALDINE BOLASH and
TINA SHAFER a/k/a
TINA ROBERTSON,
Plaintiffs
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - EQUITY
ACTION FOR DECLARATORY JUDGMENT
EDWARD KEYS and his wife
SHIRLEY KEYS,
Defendants
No. 00-3524 EQUITY TERM
ORDER OF COURT
AND NOW, this 9th day of October, 2000, upon
consideration of Plaintiffs' complaint in equity in the
above-captioned case, and following a trial held on October
9, 2000, the record is declared closed, and the matter is
taken under advisement.
By the Court,
J.
Joseph L. Hitchings, Esquire
For the Plaintiffs
Keith o. Brenneman, Esquire
For the Defendants
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