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HomeMy WebLinkAbout03-0058F:\FILES\DATAPILE\Gendoc.arc\GEND0002\ 10752.complaint Created: 02/25/96 125259 PM Revised: 01/06/03 112643 AM BRIAN L. GARMAN and DENISE L. GARMAN, his wife, and DALE LEHMAN, Plaintiffs V. EARL E. GAYMAN and KATHLEEN M. GAYMAN, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - QUIET TITLE NO. D3 -`J NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 MART N M F WILLIAMS & OTTO By Carl C. Risch, Esquire PA Attorney ID No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: January 6, 2003 Attorneys for Plaintiffs BRIAN L. GARMAN and DENISE L. GARMAN, his wife, and DALE LEHMAN Plaintiffs V. EARL E. GAYMAN and KATHLEEN M. GAYMAN, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - QUIET TITLE NO. 0,1-3_6 COMPLAIN T AND NOW, come the Plaintiffs by and through their attorneys, Martson Deardorff Williams & Otto, and hereby aver as follows: Plaintiffs Brian L. and Denise L. Garman ("plaintiffs Garman") are adult individuals residing at 700 Shed Road, Newville, Pennsylvania 17241. 2. Plaintiff Dale Lehman ("Plaintiff Lehman") is an adult individual residing at 16204 Julie Lane, Laurel, Maryland 20707. 3. Defendants Earl E. and Kathleen M. Gayman are adult individuals residing at 47 Owl Lane, Newville, Pennsylvania 17241. 4. On August 12, 2002, Plaintiffs Garman purchased a parcel of real estate located in Upper Frankford Township, Cumberland County, Pennsylvania, known as Tax Parcel Number 43- 04-0389-001, evidenced by a deed recorded at Cumberland County Deed Book 253, Page 628, and specifically described as follows: ALL the following described real estate lying and being situate in Upper Frankford Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a stone heap; thence by land now or formerly of Christian Bowman's Heirs, South eighty-two and one-half (82 ''/2) degrees East forty-three (43) perches to a black oak; thence by land now or formerly of George Gillispie, North twenty-one and one-half (21 ''/2) degrees East one hundred fifty-six (156) perches to a stone heap; thence by land now or formerly of John M. Woodburn, North sixty-one (61) degrees West twenty three (23) perches to a gum; thence by land now or formerly of Henry Snyder, South twenty-seven and three-fourths (27 %) degrees West one hundred seventy-one and five tenths (171.5) perches to the Place of BEGINNING. A copy of the deed is attached hereto as Exhibit "A." 5. On August 12, 2002, Plaintiff Lehman purchased a parcel of real estate located in Upper Frankford Township, Cumberland County, Pennsylvania, known as Tax Parcel Number 43- 04-0389-039, evidenced by a deed recorded at Cumberland County Deed Book 253, Page 625, and specifically described as follows: ALL the following described real estate lying and being situate in Upper Frankford Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a stone heap, formerly a black oak; thence by lands now or formerly of Jacob Hoover and Harvey Buckwalter, South eighty-two and one-half (82 ''/Z) degrees East forty-four (44) perches to a black oak; thence by land now or formerly of William Lehman, North thirteen and one-half (13 ''/z) degrees East one hundred forty- four (144) perches to a stone heap; thence by lands formerly of Woodburn Heirs, now State Land, North sixty-one (61) degrees West twenty-three (23) perches to a stone heap; thence by land now or formerly of Reuben Clouse, South twenty-one and one-half (21 ''/z) degrees West one hundred fifty six (156) perches to the Place of BEGINNING. A copy of the deed is attached hereto as Exhibit "B." 6. On November 8, 1989, Defendants acquired a parcel of real estate located in Upper Frankford Township, Cumberland County, Pennsylvania, known as Tax Parcel Number 43-04-0389- 005, evidenced by a deed recorded at Cumberland County Deed Book "G", Volume 34, Page 763, and specifically described as follows: ALL that certain tract of mountain land situate in the Township of Upper Frankford, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a black oak stump; thence South Eighty (80) degrees East, Thirty-One and Six tenths (31.6) perches to stones by lands now or late of John Fulton; thence by lands of John Fulton, South Eleven and Three fourths (113/4) degrees East, One Hundred Twenty- Nine (129) perches to stones; thence by lands of John Fulton, South Sixty-Six and One fourth (66'/4) degrees West, Thirty-One and Three tenths (31.3) perches to stones; thence by lands now or late of Solomon Bloser, North Ten and Three fourths (10 3/4) degrees West, one Hundred Forty-eight (148) perches to the Place ofBEGINNING. A copy of the deed is attached hereto as Exhibit "C." 7. Defendants' land contains a residential structure and outbuildings. Defendants use the residential structure as their principal residence. 8. Plaintiff Lehman's land is adjacent and contiguous to Plaintiffs Garman's land. Likewise, Plaintiffs Garman's land is adjacent and contiguous to Defendants' land. Plaintiff Lehman's land is not adjacent to Defendants' land. 9. An existing private lane (the "Lane") traverses Defendants' property and serves as the primary means of ingress and egress to Plaintiffs' parcels from Route 944. 10. For more than 21 years, Plaintiffs' predecessors in title, the Clouse family, have used the Lane as it traverses Defendants' parcel to access the parcels now owned by Plaintiffs. This use has been open, notorious, adverse, and continuous and has been against Defendants and Defendants' predecessors in title. The Clouse family first acquired the land now owned by Plaintiffs Garman on April 4, 1883, when Samuel Clouse obtained the parcel by deed recorded at Cumberland County Deed Book "17", Volume 5, Page 26. A copy of a deed between Samuel Clouse, et ux, and Reuben Clouse dated March 31, 1905, and recorded at Deed Book "U", Volume 6, Page 302, evidencing the earlier conveyance in a recital is attached hereto as Exhibit "D." This parcel has been in the Clouse family continuously from 1883 until August 12, 2002. The Clouse family first acquired the land now owned by Plaintiff Lehman on December 30, 1946, when John H. Clouse, et ux, acquired the parcel by deed recorded at Cumberland County Deed Book "J", Volume 13, Page 505. A copy of said deed is attached hereto as Exhibit "E." This parcel has been in the Clouse family continuously from 1946 until August 12, 2002. 11. In August 2002, Defendants notified Plaintiffs that they were not permitted to use the Lane to access their property despite the decades of adverse use by Plaintiffs' predecessors in title. Defendants' are not entitled to prevent Plaintiffs' use of the Lane to access their property. 12. Plaintiffs' predecessors in title obtained a prescriptive easement permitting them to use the existing Lane as it traverses Defendants' parcel by virtue of their adverse use of the Lane for over 21 years. 13. Likewise, Plaintiffs acquired these same prescriptive rights upon their acquisition of the parcels from the Clouse family. 14. Plaintiffs are entitled to a legal determination in Quiet Title as to the parties' right, title, or interest in the existing Lane traversing Defendants' land. 15. Alternatively, Plaintiffs believe and therefore aver that the Lane existed when Plaintiffs' parcels and Defendants' parcels were united and, therefore, and easement exists by implication or necessity. WHEREFORE, Plaintiffs request that this Court declare and adjudge that Plaintiffs, their heirs, assigns, and successors in title, have obtained an easement over the Lane traversing Defendants' land as described herein, that Plaintiffs may reasonably use this Lane to gain access to their property described herein, and that Defendants, their heirs, assigns, and successors in title, are enjoined from obstructing the Lane or otherwise restricting Plaintiffs' reasonable use of the Lane, and grant such other and further relief as may be proper. MARTSON DEARDORFF WILLIAMS & OTTO By Carl C. Risch, Esquire PA Attorney I.D. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Date: January 6, 2003 Exhibit A ly 44 EY Tax Parcel Number: Part of: 43-04-0389-001 THIS DEED MADE this i Z day of '2002, BETWEEN LEE A. CLOUSE and PATRICIA A. CLOUSE, husband and wife, of Newville, PA and GALEN R. CLOUSE and WANDA L. CLOUSE, husband and wife, of Newville, PA, "GRANTORS", AND BRiAn ` L. GARMAN and DENISE L. GARMAN, husband and wife, of 700 Shed Road, Newville, PA, "GRANTEES". WITNESSETH, that in consideration of the sum of Thirty-Seven Thousand ($37,000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said GRANTORS does hereby grant and convey in fee simple to said GRANTEES, ALL the following described real estate lying and being situate in Upper Frankford Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a stone heap; thence by land now or formerly of Christian Bowman's Heirs, South eighty-two and one-half (82 ''/z) degrees East forty-three (43) perches to a black oak; thence by land now or formerly of George Gillispie, North twenty-one and one-half (21 ''/2) degrees East one hundred fifty-six (156) perches to a stone heap; thence by land now or formerly of John M. Woodburn, North sixty-one (61) degrees West twenty three (23) perches to a gum; thence by land now or formerly of Henry Snyder, South twenty-seven and three-fourths (27 3/) degrees West one hundred seventy-one and five tenths (171.5) perches to the Place of BEGINNING. CONTAINING 34 acres more or less. TOGETHER will all of the rights of the Grantors, if any, of access to and from the within conveyed property and the public road known and designated as SR 944. This grant is specifically A e1L ? 5 3 1'ac?e lp ?? g excluded from the warranty of the within deed. BEING a part of (Tract No. 2) the same tracts of land the ownership of which became vested in Lee A. Clouse and Patricia A. Clouse, husband and wife, and Galen R. Clouse and Wanda L. Clouse by virtue of the following deeds: 1. Deed of Charles L. and Joanne D. Clouse dated March 30, 1990 and recorded in Cumberland County Deed Book "M", Volume 34, page 275. 2. Deed of Lee A. Clouse, J. Edward Clouse and Joanne Ross, Executors of the Estate of John H. Clouse, deceased, and Beulah M. Clouse, widow, dated March 26, 1984 and recorded in Cumberland County Deed Book "R", Volume 30, Page 242 (and re-recorded in Deed Book "D", Volume 31, Page 1081). 3. Deed of Lee A. Clouse, Joanne Ross and J. Edward Clouse, Executors of the Estate of Beulah M. Clouse, deceased, dated October 27, 1998 and recorded in Cumberland County Deed Book Volume 187, Page 1053. AND, the said GRANTORS hereby warrant specially the property herein conveyed. IN WITNESS WHEREOF, the said GRANTORS do hereby set their hands and seals the day and year first above written. Witn s: E A. CLOUSE (SEAL) PATRICIA A. CLOUSE (SEAL) I T P GALEN R. CLOUSE 1' (SEAL) WANDA L. CLOUSE 2 COMMONWEALTH OF PENNSYLVANIA: : ss. COUNTY OF CUMBERLAND On this the 1 'Z.1ay of 2002, before me, the undersigned officer, personally appeared LEE A. CLOUSE anPATRICIA A. CLOUSE, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged the foregoing deed to be their act and deed and desired the same to be recorded as such. WITNESS my hand and official seal the day and year first above written. Notarial Seal Hamilton C. Davis, Notary Public Shippensburg Boro, Cumberland Coun My Commission Expires Sept. 27, 2004 Member, Pennsylvania Association of Notaries EAL) Notary P b is COMMONWEALTH OF PENNSYLVANIA: : ss. COUNTY OF CUMBERLAND On this the) 2q ?day of 2002, before me, the undersigned officer, personally appeared GALEN R. C O SE and WANDA L. CLOUSE, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged the foregoing deed to be their act and deed and desired the same to be recorded as such. WITNESS my hand and official seal the day and year Est above written. Notarial Seal rryy Shippers to g BOro?s, erland bCoun My Commission Expires Sept. 27, 2 ?L) Member, Pennsylvania Association of Notaries Otary PU 1 C I do hereby certify that the precise residence and complete post office address of the within named GRANTEES is: 700 SHED ROAD, NEWVILLE, PA 1724 / 2002 Attom for Hamilton C. Davis, Esq. P O Box 40 Shippensburg, PA 17257 (717) 532-5713 3 VD (nCk._ ,;? 5 3 e ?0 3O Exhibit B Tax Parcel Number. Part of. 43-04-0389-001 THIS DEED MADE this A day of .? , 2002, BETWEEN c LEE A. CLOUSE and PATRICIA A. CLOUSE, husband and wife, of Newville, PA and GALEN R. CLOUSE and WANDA L. CLOUSE, husband and wife, of Newville, PA, "GRANTORS", AND DALE LEHMAN MARRIED M" of Maryland, "GRANTEES". WITNESSETH, that in consideration of the sum of Thirty-Seven Thousand ($37,000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said GRANTORS does hereby grant and convey in fee simple to said GRANTEES, ALL the following described real estate lying and being situate in Upper Frankford Township, Cumberland County, Pennsylvania, more particularly described as follows: o ? BEGINNING at a stone heap, formerly a black oak; thence by lands now or w z m formerly of Jacob Hoover and Harvey Buckwalter, South eighty-two and one-half c? (82 %z) degrees East forty-four (44) perches to a black oak; thence by land now or N ?,-? formerly of William Lehman, North thirteen and one-half (13 't/z) degrees East one W c-? hundred forty-four (144) perches to a stone heap; thence by lands formerly of o J r , Woodbum Heirs, now State Land, North sixty-one (61) degrees West twenty-three G ? (23) perches to a stone heap; thence by land now or formerly of Reuben Clouse, C ?., South twenty-one and one-half (21 1/z) degrees West one hundred fifty-six (156) ` '. c perches to the Place of BEGINNING. CONTAINING 29 acres, strict measure. TOGETHER will all of the rights of the Grantors, if any, of access to and from the within conveyed property and the public road known and designated as SR 944. This grant is specifically excluded from the warranty of the within deed. WIN 2W PAGE sf$ BEING a part of (Tract No. 12) the same tracts of land the ownership of which became vested in Lee A. Clouse and Patricia A. Clouse, husband and wife, and Galen R. Clouse and Wanda L. Clouse by virtue of the following deeds: 1. Deed of Charles L. and Joanne D, Clouse dated March 30, 1990 and recorded in Cumberland County Deed Book "M", Volume 34, page 275. 2. Deed of Lee A. Clouse, J. Edward Clouse and Joanne Ross, Executors of the Estate of John H. Clouse, deceased, and Beulah M. Clouse, widow, dated March 26, 1984 and recorded in Cumberland County Deed Book "R", Volume 30, Page 242 (and re-recorded in Deed Book "D", Volume 31, Page 1081). 3. Deed of Lee A. Clouse, Joanne Ross and J. Edward Clouse, Executors of the Estate of Beulah M. Clouse, deceased, dated October 27, 1998 and recorded in Cumberland County Deed Book Volume 187, Page 1053. AND, the said GRANTORS hereby warrant specially the property herein conveyed. N WITNESS WHEREOF, the said GRANTORS do hereby set their hands and seals the day and year first above written. Witness- "- Af AL) A.CLOUSE? - ige' 'gym ? e (SEAL) PATRICIA A. CLOUSE Aah=s_ f?- GALEN R. CLOUSE (SEAL) ? .. I a ? A O 52 9; t" N Ln > g WAN (SEAL) >. ,; s DA L. CLOUSE LA :4 -" e ? 7p ry µ f..l rt T Q co N 1 oorc 253 P ACE 626 r.> ??'_> G GvU 0000 G -3 Exhibit C A 201 AT II WwFo p, po.d. SI.oM lwm. A,, of IVW_ Arranpod for fTOIO RKadlp I -Y Mull, IM., IMwiq, IA I rzj h r to xjo?b Dub't MADE THE' 8th da o Of (111) Lord unr' thousand nine hfrndrrd g ! November eighty nine (1989) in the year RETIVE'EN LEROY F. RYNARD, single person, of west pennsboro Cumberland County, Pennsylvania, party of the first plait Tamship, Grantor , an+l EARL E. GAYMAN and KATHLEEN M- GAYMAN Carlisle, Cumberland County, Penns lvania his wife, of D. M 9 Y parties of the second part tl'/T.\'1s.1'.tiF:'1'!!, that in rnn.eidrr«fiun Of Twenty-Five Th Grruttee S: ousand and no/100 ------__-- -------------------- --- ($25 000.00 is hnrrd paid. thf rrr•r ipt rrhrrro/ is hr•r(by arkitud•/rdgr'd, the .stir! gran for rlu ----Dollar.., Marl ranr'ry to thr mrid grOOtees' their heirs and assigns as tenants eS hrrrbg grant ALL that certain tract of mountain land situate ?in the Township of Upper Frankford, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a black oak stump; thence South Eighty (80) degrees East, Thirty-One and six tenths (31.6) perches to stones by lands now or late of John Fulton; thence by lands of John Fulton, South Eleven and Three fourths (11 3/4) degrees East, One Hundred Twenty-Nine (129) perches to stones; thence by lands of John Fulton, South Sixty-six and one fourth (66 1/4) degrees west, Thirty-One and Three tenths (31.3) perches to stones; thence by lands now or late of Solomnn R'-- BEING the same tract of land which Ray E. Miller and Catherine J. Miller, his wife, by their deed dated January 23, 1962 and recorded in the office of the Recorder of Deeds for Cumberland County in Deed Book "L" Volume 20, Page 1123 granted and conveyed to Leroy F. Rynard, single man, grantor herein. COMMONWEALTH OF PENNSYLVANIA DE"ARTMENT OF REVFNUE o fkxtdSF.C Nov •9'89 ( i17 l 2 .) O. n n h C 0+ Irl ev Coo 4, c:? r O L11 .. -. en v ILI, LI. 6 C' c. c r : i 10 tT p ci `: cC w C-3 ,Y U W =0 ow" s p CC w m i TewtMta of , a r -`!-? Ilee1 Estele Pr, 1Fartelar Ax Date ?? 9' 00 ti ! o n'" CIJ. Agt. Q' <P S I° v , e School Dlst. CLmb. Co., Pa. 1% Reel Estate Transfer Tax Dole-UZI Iif7Amt. ?.c ?0 mh rn RL91 Col, Agt RODK lr34 P,15E 764 AND the said grantor hereby covenant S and agree S that HE will warrant generally the property hereby conveyed, IN WITNESS WHEREOF, said grantor ha s hereunto set his hand a-d seal the day and year first above written. ! 6ignrb, btaltb anb ;Dclibcrtb in the ,Vrt nct of -?...... .............................. ....... BRAG) F. RY RD State Of PENNSYLVANIA County of CUMBERLAND 88. On this, the 8th . day of November the undersigned officer, personalty appeared Leroy F. Rynard ----------------- - ...--- DLL . ........................ t •L L , 19 89 , before me, knvu-n to me (or satisfactorily proven) to be the person whose name is subscrib;:d to the within instrument, and acknowledged that he executed same or the contained. f purpos^s therein _,I14?-CIfNF.SS WHEREOF, 1 hereunto u hand and official seal. , 1'+b ll, 4 J V e -or "W i x.02........... IIL^22 ._.................. ..... Title of Officer. BETZI A. I fOARISON, NOTARY PUBLIC M ?Wg/oy.C?Lvthi8E JJ'.I?IEXPIRE D$ EC. 15 19V . Meeibu. Pur?uylvy? ?aieYon W NotrNr I do hereby certify that the precise residence and complete post offu cddress of the within named grantee / iappq November 8th 19\89 t Q y 3 ?e C? ??? "?"`~ /70J-3 /? Exhibit I-) Ile, - `W it 54 1 61 L?z ''/?.?i(//!1. ? " ?._! ?. _ 4. n nf., ,. n "/C??G?L ??L i?2?`s%77Z?%LGG/ /`A.?.. P.701.Ar.11 Warm? aM. SAOn lam. k1 a IfW_ M°^VM ea May. ,Nrv, Nal, yK., iMiyra. YA Rycad,r MADETHE' er! uer' Lard (,)If, thousand ninr h8ndrrd day of November eighty nine (1989) "n the year LEROY F. R Cumberland Count YN , single person, of West Ta =hip, Y, Pennsylvania, party of the first p ro and Grantor EARL E Carlisle Cumber nd CoaunndtyK, p ? /MaM' GAYMAN, nia pehis wifthe e, of R second .# 9 Grantec s: part lhul j), en Wty-Five Thousand and no/100 ---------($25,000.00 ousand and no/100 -----?-__-- ir, /rr7nd pail, tlrr Pr,•, ipt n•Jrrrra! is her, 1'y arknowleflyed the said grantor ela es - ygra, esr/ r•nnrr9 la /hr .,•uid r/rrurlre•$ , Dn1/err,,•. their heirs and assigns as tenants the lenti! ,1ie ALL that certain tract of mountain land situate ?in the Tow ship of Upper Frankford, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a black oak stump; thence South Eighty (80) degrees East, Thirty-One and Six tenths 31.6 or late of John Fulton; thence by lands ofcJohntFulton, Sout:haElevenw p and Three fourths (11 3/4) degrees East, One Hundred Twenty-Nine (129) perches to stones; thence by lands of John Fulton, South Sixty-six One fourth (66 1/4) degrees West, Thirty-One and Three tenths (31.3) Perches to stones; thence by lands now or 1a*e F and Ten and Three F. ,.,.-- „ - - _, BEING the same tract of land which Ray E. Miller and Catherine J. Miller, his wife, by their deed dated January 23, 1962 and recorded in the office of the Recorder of Deeds for Cumberland County in Deed Book "L" Volume 20, Page 1123 granted and conveyed to Leroy F. Rynard, single man, grantor herein. COMMONWEALTH OF PENNSYLVANIA = DEPARTMENT OF REVENUE PrAlvv tPn.;dSF(PNOV•9'89 [ Q. FAX ED eu V J _? en 07 O W M C T. U Cr Ul rn s c ?..? Esf.1e *andw Tbr Date Amt_?.?o n r0 nisr Cql. Apt. 4 1 1f Sr'14-.1 School DIsL Comb. Co., Po. 1% Real Este Transfer Tax Date tt - 9 11,E CG 00 H v<-/ X "*,r h rn slat CM. Apt /9S OR o:op"-34 P,',5E 7M AND the said grantor hereby covenant S and agree S that HE will warrant generally the property hereby conveyed. IN WITNESS WHEREOF, said grantor ha s hereunto set his hand a^d seal the day and year first above written. ?r......... easy &anrb, bealrb anb Mthbereb F Y RD in the Per net of d ............... K.w.. ........... .. ....--•--...---°• NZAL .............................................................. , snAL State of PENNSYLVANIA } sa. County of CUMBERLAND I On this, the 8th . day of November 19 89 , before me, the undersigned officer, personalty appeared Leroy F. Rynard known to me (or satisfactorily proven) to be the person whose name is subseri! wd to the within instrument, and acknowledged that he executed same for the purpos•^s therein contained. _Aw?IfNF.SS WHEREOF, I hereunto set my hand and official seal. ... .... . r ??... Title of Officer. u ' u NOTARIAL SEAL BETZIAMORMSON,NOTARYDUSLIC CARLI LEBORO,CUMBERLAND000NTY ' eJ r ?L'' •` MYCOLtMIS510N EXPIRES DEC. 15,19V t Y M"". D 9mYWmAsodaYpn a No W * I do hereby certify that the precise residence and complete post offn <ddress of the within named grantee isP/? 1.J. C q 630% /c is 70 3 y November 8th 19 89 zl juz, :?(itrrivvrz?Z. `/,>?` -. . r:??'iL//?i? GiiLLOC_ L /?/ (yzQ??,9.G?iGC," . , 2i-L ??.?o..v?rrt=.-r _?-? , ?-?c?r/? oC.?:a.?? ,rte ,a?.,?..? ?r-n- ?c-?.? ? ?•?c, - 1?LC1? ':?/??i ? ,GP?fe? .( fit ? o ?'rt? tiC?t.(i /-?-2?rivL ?.G?C-?Gcyr-oC wuoL _ iL?^„"?'.'?:?4/• ° ' i A , , i???Yrti'?' ? i v7wriG ?%1? ? b '?7`?? ?L6 V LC.???=? I^?vu vr?GC. ?-'i' ?2 U eL `? °//? ??G4%?%rivt.Y/? ? ti?i ????LG??E'-L l r474= ?•wG?=ozrtia-ems, , .-?ce?, U?2G?" a? c?Z o f r oc - f e i we =RF C ??? , zee -•!? ;,,i, ?.?a >vq c /YL i?: nc? c? ?%vC" ;?lsu, r' ?"r?2? ,?C ,?- , y? ?,- ate, ir,.u , ?cc .a?G ,??,,,,.? ?? l ?Ot Exhibit E NO: 7218 DEED 4 THIS DEED, IIADE THE 20TH DAY OF DFCEMBER IN THE YEAR NINETEEr d r&vfIm HUNDRED AND FORTY-SIX. ALTA G. THRONE, ET AL 0i'&KfiA1 e T TO: 41BETWEEN ALTA G. THRONE, .WLDOF"!; EMNAA C. BRUBAKEP AND RAY B. 12 2U 46 BRUBAKER, HER HUSBAND; ANNA E. WAGNEWR AND FRANK H. WAGNER„ JOHN H. CLOUSE, ET UX ?HE , HEIRS AT LAW OF JOHN D. THRONE, LATE OF THE BOROUGH OF 'CONS: 9$1.00 SHIPPENSBURG, FRANKLIN COUNTY, PENNSYLVANIA, D?CEASEO, PARTIES OF THE FIR LOC: FRANKFORU TWP. 4 PART, HEREINAFTER CALLED THE GRANTORS, AND JOHN I.I. CLOUSE AND BEULAH DATG: DECEMBER 20, 1946 M CLOUSE, HIS WIFE, OF LOWER MIFFLIN TOWNSHIP, CUMBERLAND COUNTY, ENTD: DECEAIBEP, 31 1946 ENNSYLVANIA, PARTIES OF THE SECOND PART, HEREINAFTER CALLED THE GREWTEES WITNESSETH THAT IN CONSIDERATION OF ONE (9$1.00) DOLLAR AND OTHER VALUABLE CON!iIDERATION IN HAND PAID, THE RECEIPT WHEREOF IS HEREBY ACKNOVIL EDGED, THE SAID GRANTORS DO HEREBY GRANT AND CONVEY IN FEE SIMPLE TO SAID GRANTEES, ALL THAT CERTAIN TRACT OF WOODLAND SITUATE IN THE TOWNSHIP OF UPPER FRA'IKFORD, CUMBERUVID COUNTY, PENNSYLVANIA, BGUNLtD AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A STONE HEAP, FORMERLY A BLACK OAK; THENCE BY LgrI)S NOW OR FORMERLY OF JACOB HOOVER AND HARVEY BUCKWALTER SOUTH EIGHTY-TWO AND ONE-HALF (82,2) DEGREES EAST FORTY-FOUR (44) PERCHES TO A BLACK OAK; THE'ICE BY LAND NOW OR FORMERLY OF IVILLIAIA LEHMAN NORTH THIRTEEN A'JD D'JE-HALr (132) DEGREES EAST ONE HUNDRED FORTY-FOUR (144) PERCHES TO A STONE HEAP; THENCE 13Y LANDS FORMERLY OF WOODBURN HEIRS, NOW STATE LAND, NORTH SIXTY-ONE (61) DEGREES WEST TIIE14TY-THREE (23) PERCHES TO A STONE HEAP; THENCE 13Y LAND NOW OR FORMERLY OF REUBEN CLOUSE SOUTH TIVENTY-ONE AND ONE-HALF (212) DEGREES WEST ONE HUNDRED FIFTY-SIX (156) PERCHES TO THE PLACE OF BEGINNING. CONTAINING TINE NTK-NI'IE (29) ACRES, STRICT HEASURE. BEING THE SAME PREMISES WHICH A. E. BILLMAtI, ADMINISTRATOR, D. B. N. C. T. A. , OF JOHN M. BURKHART, DECEASED, BY DEED DATED THE 31ST DAY OF MARCWi, 1917, AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND FOR CUMBERLAND COUNTY, PENNSYLVANIA IN DEED BOOK "L", VOL. 8, PAGE 4401, GRANTED AND CONVEYED TO JOIN U. THRONE IN FEE. AND THE SAID J041 D. THRONE BEING SEISED OF SAID PREMISES DEPARTED THIS LIFE TNTESTATE ON THE 4TH DAY OF MAY, 1946. LF,I\,ING SURVIVING HIM AS SOLE HEIRS 1118 WIDOW, ALTA G. THRO'!E, AND TWO DAUGHTERS, EMMA C. BRUBAKER NOW INTERMARRIED WITH RAY B. BRUBAKER, AND ANNA E. WAGNER, NOW INTEK- MARRIED WITH FRANK H. WAGNER, TO WHOM SAID PREMISES DESCENDED IN FEE. AND THE SAID GRANTORS WILL WARRANT GENERALLY THE PROPERTY HEREBY CONVEYED. 114 WITNESS WHEREOF SAID GRANTORS HAVE HEREUNTO 'SET THEIR HANDS AND SEALS THE DAY AIJD YEAR FIRST ABOVE WRITTEN. SEALED AND DELIVERED ALTA G. THRONE (SEAL) IN THE PRESENCE OF EA#AA C. BRUBAKER (SEAL) HILTON A. RUSSELL ANNABI,,.©WAGNERR(SEAL)) ALL SIGNIATURES FRANK H. WAGNER (SEAL) HEIRS OF JOHN D. THRONE, DECEASED. STATE OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: ON THIS 20TH DAY OF DECEMBER, 1946, A. D. BEFORE ME A NOTARY PUBLIC IN AND FOR SAID STATE AND COUNTY CAME THE ABOVE NAMED ALTA G. THRONE, WIDOW, EMMA C. BRUBAKER AND RAY B. BRUBAKER, HER HUSBAND; AND ANNA E. WAGNER AND FRANK H. WAGNE6fi, HER HUSBAND, ANDc.ACKNOWLEOGED THE FOREGOING DEED TO BE THEIR ACT AND DEED, AND DESIRED THE SAME TO BE RECORnrn nc sirru VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. /u Brian L. Garman Denise L. Garman Dated: December ZE 2002 I • M VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Dale Lehman Dated: December,, 2002 (Irks ? ate: s- bW.. C r' 2002 SHERIFF'S RETURN - REGULAR CASE NO: 2003-00058 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GARMAN BRIAN ET AL VS GAYMAN EARL E ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLATNT F- NTnTT(> was served upon GAYMAN KATHLEEN M DEFENDANT at 47 OWL LANE the at 2000:00 HOURS, on the 10th day of January , 2003 NEWVILLE, PA 17241 EARL E GAYMAN by handing to a true and attested copy of COMPLAINT & NOTTri~ together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this d3 day of A. D. ''P othonotary So Answers: P M r ? R. Thomas Kline 01/13/2003 MDW&O By: Deputy Sheriff SHERIFF'S RETURN - REGULAR CASE NO: 2003-00058 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND GARMAN BRIAN ET AL VS GAYMAN EARL E ET AL VALERIE WEARY Sheriff or Deputy Sheriff of Cumberland County,pennsylvania who being duly sworn according to law, says, the within COMPLAINT & NOTICE was served upon CAYMAN EARL E DEFENDANT the at 2000:00 HOURS, on the 10th day of Jan?V 2003 at 47 OWL LANE NEWVILLE, PA 17241 EARL E CAYMAN by handing to a true and attested copy of COMPLAINT & NOTICE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service 18.00 Affidavit 6.90 Surcharge - 00 10.00 .-0 34.90 Sworn and Subscribed to before me this d day of A.D. 4K othonotary So Answers: R. Thomas Kline r< 01/13/2003 MDW&O By. ? - lleputy Sheri f/ BRIAN L. GARMAN and DENISE L. GARMAN, husband and wife, and DALE LEHMAN, Plaintiffs v EARL E. GAYMAN and KATHLEEN M. GAYMAN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2003 - 058 CIVIL ACTION - QUIET TITLE NOTICE TO PLEAD To: Brian L. Garman and Denise L. Garman Dale Lehman c/o Carl C. Risch, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 You are hereby notified to file a written response to the enclosed New Matter within twenty (20) days from service hereof or a default judgment may be entered against you. Date: (j Hubert X. Gilroy, E- Attorney for Defendant Broujos & Gilroy, P.CJ 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 BRIAN L. GARMAN and DENISE L. GARMAN, husband and wife, and DALE LEHMAN, Plaintiffs v EARL E. GAYMAN and KATHLEEN M. CAYMAN, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2003 - 058 CIVIL ACTION - QUIET TITLE ANSWER Defendants, Earl E. Gayman and Kathleen M. Gayman, by their attorneys, Broujos & Gilroy, P.C., set forth the following in response to the Complaint filed in the above matter: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. Admitted that Defendants' land contains a residential structure and outbuilding. Denied that Defendants use is only that of principal residence. By way of further answer, a large portion of Defendants land is unenclosed woodlands. 8. Admitted. 9. Admitted that a Lane traverses Defendants' property. Denied that said Lane was the primary means of ingress and egress to Plaintiffs' parcels from Route 944. After reasonable investigation, Defendants are unable to determine the truth or falsity of this allegation. Proof thereof is demanded. 10. Admitted in part and denied in part. Admitted with respect to the various allegations relative to when the Clouse family acquired land as noted in Exhibits "D" and "E". Denied that the Lane has been used by Plaintiffs predecessors in title for a period of 21 years. After reasonable investigation, Defendants are unable to determine the truth or falsity of this allegation. Proof thereof is demanded. 11. Admitted that Defendants notified Plaintiffs that they could not go across Defendants property to access Plaintiffs' property. Denied that Defendants are not entitled to prevent Plaintiffs use of Defendants property. 12. Denied. Said allegation is a Conclusion of Law and does not require a responsive pleading. In the alternative, after reasonable investigation, Defendants are unable to determine the truth or falsity of this allegation. Proof thereof is demanded. 13. Denied. Said allegation is a Conclusion of Law and does not require a responsive pleading. In the alternative, after reasonable investigation, Defendants are unable to determine the truth or falsity of this allegation. Proof thereof is demanded. 14. Denied. Said allegation is a Conclusion of Law and does not require a responsive pleading. In the alternative, after reasonable investigation, Defendants are unable to determine the truth or falsity of this allegation. Proof thereof is demanded. 15. Denied. After reasonable investigation, Defendants are not aware of any documentation supporting the claim that Plaintiffs' parcels and Defendants parcels were united. Proof thereof is demanded. By way of further answer, Plaintiffs' allegation that an easement exists by implication or necessity is a Conclusion of Law and does not require a responsive pleading. In the alternative, after reasonable investigation, Defendants are unable to determine the truth or falsity of this allegation. Proof thereof is demanded. WHEREFORE, Plaintiffs respectfully request your Honorable Court to dismiss Plaintiffs' Complaint. NEW MATTER 16. The allegations set forth in Paragraphs 1 through 15 above are incorporated herein by reference thereto. 17. Defendants' land constitutes unenclosed woodlands. 18. The portion of Defendants land where Plaintiffs' claim the Lane exists constitutes unenclosed woodlands. 19. Pursuant to 68 P.S. §411, Plaintiffs may not assert a prescriptive easement over Defendants lands. 20. means for ingress and egress to Plaintiffs parcels from Route 944. Plaintiffs and their predecessors in title have in the past used a variety of WHEREFORE, Defendants request your Honorable Court to dismiss Plaintiffs' Complaint. Respectfully submitted, Hubert X. Gilroy, Esquir Attorney for Defendant Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: DATE: EARMAN ??4 2>" THLEEN M:. GAYM C1 -- ?_; cy `, `_ ., - n ?T, <' __ c c' - i ?? . i ? . r ?? FPFILMDATAFILE\G...1\1b-um Wl0752a Iy Created'. 0212Y98 12,52:59 PM Revised'. 10120103 12'.4211 PM BRIAN L. GARMAN and DENISE L. GARM , his wife, and DALE LEHMAAA Plaintiffs v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - QUIET TITLE EARL E. GAYMANd KATHLEEN M. GA AN, his wife, Defen ants NO. 2003-058 REPLY TO NEW MATTER & Otto, and hereby r ply as follows: AND NOW, me the Plaintiffs by and through their attorneys, Martson Deardorff Williams 16. The allegations set forth in Paragraphs 1 through 15 are incorporated herein by reference. 17. Denied as a conclusion of law. 18. Denied as a conclusion of law. 19. Denied as a conclusion of law. 20. Admitted in part, denied in part. It is admitted that Plaintiffs have physically entered their property without passing over Defendants' lands. It is denied that Plaintiffs have an easement or other legal means 'pf access to their property other than over lands of Defendants. It is further denied that Plaintiffs' predecessors in title used alternate means to access the property. After reasonable investigation, Plaintiffs are unable to confirm whether alternate access points were available to the predecessors in title and proof thereof is demanded. Plaintiffs request that this Court declare and adjudge that Plaintiffs, heirs, assigns, and successors in title, have obtained an easement over the Lane Defendants' land as described herein, that Plaintiffs may reasonably use this Lane to gain access their property described herein, and that Defendants, their heirs, assigns, and successors in title, enjoined from obstructing the Lane or otherwise restricting Plaintiffs' reasonable use of the Lane, and grant such other and further relief as may be proper. MARTSON DEARDORFF WILLIAMS & OTTO n, By Carl C. Risch, Esquire PA Attorney I.D. No. 75901 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs Date: Octoberl?k VERIFICATION I, Brian Garm?n, hereby certify that the facts contained in this Reply are true and correct to the best of my knowledge and belief. I understand that false statements are subject to the penalties of 18 Pa. C. S. Section }904 relating to unsworn falsifications to authorities. Bnan Garman CERTIFICATE OF SERVICE I, Carl C. Risc4, hereby certify that the foregoing was served by first class mail on the date appearing below as follows: Hubert X. Gilory, Esq. 4 North Hanover St. Carlisle, PA 17013 \W Carl C. Risch Dated: \0 2>+-113 n ? ?7 BRIAN L. GARMAN and : IN THE COURT OF COMMON PLEAS OF DENISE L. GARMAN, husband and : CUMBERLAND COUNTY, PENNSYLVANIA Wife, and DALE LEHMAN, Plaintiffs v EARL E. GAYMAN and KATHLEEN M. GAYMAN, Defendants NO. 2003 - 058 CIVIL ACTION - QUIET TITLE REQUEST FOR ADMISSIONS PURSUANT TO PA.R.C.P. NO.4014 Defendants, Earl E. Gayman and Kathleen M. Gayman, hereby request Plaintiffs, Brian L. Garman, Denise L. Garman and Dale Lehman to admit the following facts: 1. Defendants acquired the real estate which is the subject of this litigation in 1989, and constructed a home on the real estate subsequent to that time. 2. Subsequent to 1989, Defendants voiced their opposition to Plaintiffs and Plaintiffs predecessor in title to their use of Defendants land for access to Plaintiffs property. 3. All or a portion of the land over which Plaintiffs assert an easement on Defendant's property is wooded mountain land and is not enclosed by any fencing. 4. Prior to 1989, the portion of Defendants land over which Plaintiffs assert they have an easement was mountain woodland and was not enclosed by fencing or any other barriers. Respectfully submitted, Date: ?- ?- Hubert X. Gilroy, Esqu' e Attorney for Defenda s Broujos & Gilroy, P f 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme! Court ID No. 29943 P-o .? ViI ';: , t --p q -< F \FILES\DATAFILE\GeneraPCurrent\10752.responsetoregadm/tde Created 02/25/98 12:52:59 PM Revised 12101/04 01 50:29 PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiffs BRIAN L. GARMAN and IN THE COURT OF COMMON PLEAS OF DENISE L. GARMAN, his wife, CUMBERLAND COUNTY, PENNSYLVANIA and DALE LEHMAN, Plaintiffs NO. 2003-058 V. EARL E. GAYMAN and KATHLEEN M. GAYMAN, his wife, Defendants CIVIL ACTION - QUIET TITLE PLAINTIFFS' RESPONSE TO DEFENDANTS' REQUEST FOR ADMISSIONS TO: EARL E. GAYMAN, and KATHLEEN GAYMAN, his wife, Defendants, and their attorney, HUBERT X. GILROY, ESQUIRE 1. It is admitted that Defendants acquired real estate which is the subject of this litigation. It appears from the deed that Defendants purchased the land in 1989. Plaintiffs deny that the home was constructed in 1989 and proof is demanded. 2. It is admitted that at some point after 1989, Defendant Earl E. Gayman informed Plaintiffs and their predecessor in title of his opposition to Plaintiffs' use of the easement which had already been established over the past century prior to the Defendants' ownership of the land. 3. Denied. Plaintiffs are without sufficient information at this time whether there are any fences or barriers enclosing Defendants' property, however Defendants have placed a locked cable barrier up preventing Plaintiffs' access to the property. It is further denied that the property is "wooded mountain land," said phrase being a conclusion of law. 4. Denied. Defendants have put up a barrier to their land by using locked cable fences. Furthermore, Defendants' land has been clear cut at least once per Defendant Earl Gayman's deposition testimony. Finally, it is denied that the property is "wooded mountain land," said phrase being a conclusion of law. MARTSON DEARDORFF WILLIAMS & OTTO By Jenni r ears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: December 1, 2004 Attorneys for Plaintiffs CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Plaintiffs' Response to Defendants' Request for Admissions was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Hubert X. Gilroy, Esquire BROUJOS & GILROY, P.C. 4 North Hanover Street Carlisle, PA 17013 MARTSON DEAR13ORFF WILLIAMS & OTTO Y y ricia D. Ecketn-oad 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: December 1, 2004 N 7 'TI CTS- "? P s n ,i. F r PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the following case: (Check one) ( ) for JURY trial at the next term of civil court. (X) for trial without a j ury. CAPTION CASE (entire caption must be stated in full) BRIAN L. GARMAN and DENISE L. GARMAN, his wife, and DALE LEHMAN, Plaintiffs VS. EARL E. GAYMAN and KATHLEEN M. CAYMAN, his wife, Defendants (check one) ( ) Assumpsit ( ) Trespass ( ) Trespass (Motor Vehicle) (X) Quiet Title (other) NO. 2003 CIVIL 058 The trial list will be called on: June 21, 2005 Trials commence on: July 18, 2005 Pretrials will be held on: June 29, 2005 (Briefs are due 5 days before pretrials) (The parry listed this case for trial shall provide forthwith a copy of the Praecipe to all counsel pursuant to Local Rule 214-1.) Indicate the attorney who will try the case for the party who files this Praecipe: Jennifer L. Spears, Esquire, MARTSON DEARDORFF WILLIAMS & OTTO, 10 East High Street, Carlisle, PA 17013. Indicate trial counsel for other parties it known: Hubert X. Gilroy, Esquire. BROUJOS & GILROY, P.C., Four North Hanover Street, Carlisle, PA 17013. This case is ready for trial. *erorppea Esquire Dat e: April 5, 2005 Antiffs F:\FILES\DATAFILEIGevereliCumenp10752 p1ad i.l c> ? o Ce c°i+ 'Kt c ? ?a ? Pn . BRIAN L. GARMAN and DENISE L. GARMAN, And DALE LEHMAN, Plaintiffs V. EARL E. GARMAN and KATHLEEN M. GAYMAN, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-0058 CIVIL TERM ORDER OF COURT AND NOW, this 12`h day of April, 2005, a pretrial conference in the above matter is scheduled for Thursday, June 9, 2005, at 10:00 a.m., in chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memoranda shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five days prior to the pretrial conference. A NONJURY TRIAL in the above matter is scheduled for Thursday, June 30, 2005, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. tYennifer L. Spears, Esq 10 East High Street Carlisle, PA 17013 Attorney for Plaintiffs Xbert X. Gilroy, Esq. 4 North Hanover Street Carlisle, PA 17013 Attorney for Defendants BY THE COURT, Court Administrator's Office - -»a !-6-C ti • , .j rsr]is piuU PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) BRIAN L. GARMAN and DENISE L. GARMAN, husband and wife, and DALE LEHMAN (Plaintiff) VS. EARL E. GAYMAN and KATHLEEN M. CAYMAN (Defendant) No. 2003 Civil 058 19 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion to Dismiss. Defendant's failure to join an indispensable party. 2. Identify counsel who wi11 argue case: (a) for plaintiff: Hubert X. Gilroy, Esquire Address:Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (b) for defendant: Jennifer L. Spears, Esquire AddresS:Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 3. I wi11 notify a71 parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: S -5'.3 Dated: ktitorney for _ T lll? '' U7 Paul A. Cohick 4640 Enola Road Newvitle, PA 17241 Samuel R. Cunningham, Jr. 54 Owl Lane Newville, PA 17241 William D. Moore, Jr. 44 Owl Lane Newville, PA 17241 6. The other property owners listed in paragraph five have rights which will be affected by this litigation in that this Court may not determine a way of necessity or implication over solely Defendant's land without granting the same relief over the land of property owners that are not named as parties to this action. WHEREFORE, the Defendants request your Honorable Court dismiss this case as a result of the Plaintiffs failure to join indispensable parties. Hubert X. Gilroy/Esqu Broujos & Gilroy, P.C. Attorney for Plaintiff ?> =, -„ (" ?' ? ?L ? . ? i C1? /. , 's L"' 3?:. ? C7 BRIAN L. GARMAN and DENISE L. GAYMAN, husband and wife, and DALE LEHMAN Plaintiffs v EARL E. GAYMAN and KATHLEEN M. GAYMAN, Defendants IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2003-058 CIVIL TERM CIVIL ACTION-LAW MOTION TO DISMISS Defendants, Earl E. Gayman and Kathleen M. Gayman, by their attornies, Broujos & Gilroy, P.C., set forth the following: 1. The Plaintiffs complaint seeks access to Plaintiffs real estate over Defendant's land and seeks, in the alternative, a claim of a right-of-way by adverse possession or claim of a right-of-way over Plaintiffs land by implication or necessity. 2. Plaintiff has asserted that a lane exists from the Enola Road which Plaintiff and their predecessors are entitled to use to gain access to Plaintiffs land. 3. It is undisputed that if a lane exists or if Plaintiff is entitled to an easement over any land by purposes of implication or necessity, said lane or said easement must traverse a number of properties prior to this alleged lane reaching the Defendant's property. 4. Plaintiff has not named the other property owners over which this alleged lane must traverse as parties to this litigation. 5. The other property owners over which Defendants believe the access lane must travel before it would reach Defendant's property and, consequently, Plaintiffs property include the following individuals: Paul A. Cohick 4640 Enola Road Newville, PA 17241 Samuel R. Cunningham, Jr. 54 Owl Lane Newville, PA 17241 William D. Moore, Jr. 44 Owl Lane Newville, PA 17241 6. The other property owners listed in paragraph five have rights which will be affected by this litigation in that this Court may not determine a way of necessity or implication over solely Defendant's land without granting the same relief over the land of property owners that are not named as parties to this action. WHEREFORE, the Defendants request your Honorable Court dismiss this case as a result of the Plaintiffs failure to join indispensable parties. Hubert X. Gilroy, squ Broujos & Gilr, P.C. Attorney for Plaintiff r.-. ?-? =11 ( _1 "L _.. -; '" t.. ,?` _ ' ? (.. u i r ?•• S-' ? G BRIAN L. GARMAN and IN THE COURT OF COMMON PLEAS OF DENISE L. GARMAN, husband and wife, and DALE LEHMAN Plaintiffs CUMBERLAND COUNTY, PENNSYLVANIA v No. 2003-058 CIVIL TERM EARL E. GAYMAN and CIVIL ACTION-LAW KATHLEEN M. GAYMAN, Defendants PRAECIPE TO THE PROTHONOTARY: Please withdraw the Motion to Dismiss filed by Defendants in the above matter and kindly remove that Motion from the Argument List. Hubert X. ilroy, Esquire Broujos Gilroy, P.C. Attorne for Plaintiff f-.Y ?. ? F 1FILPHDATAFII %Gcncial\Cunent\10752 stipulation Created 02,25/98 125259 PM Revised' 05/16/05 01 29 28 PM BRIAN L. GARMAN and DENISE L. GARMAN, his wife, and DALE LEHMAN, Plaintiffs V. EARL E. GAYMAN and KATHLEEN M. CAYMAN, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-058 CIVIL ACTION - QUIET TITLE CONSENT TO AMEND PLEADINGS Defendants, by their counsel Hubert X. Gilroy, Esquire, consents to Plaintiffs amending the Complaint in this matter to name additional Plaintiffs, namely Gary Rickabaugh and Donna Rickabaugh, his wife, and Glenn S. Rickabaugh and Lillian L. Rickabaugh, his wife, joint owners of land adjacent to Plaintiffs Brian L. Garman and Denise L. Garman, and to join additional Defendants, specifically Paul A. Cohick, and Joann H. Cohick, his wife, Samuel R. Cunningham, Jr., and Tamela Cunningham, his wife, and William D. Moore, Jr. and Tammy S. Moore, his wife. BROUJOS & GILROY By W Hubert X. Gilroy, Es ire Four North Hanover treet Carlisle, PA 17013 717-243-4574 Attorneys for Defendants Earl E. Gayman and Kathleen M. Gayman, his wife Date: May 20, 2005 ., _? RECEIVED MAY 1 8 2005 p BRIAN L. GARMAN and IN THE COURT OF COMMON PLEAS OF DENISE L. GARMAN, husband and wife, and DALE LEHMAN , Plaintiffs : CUMBERLAND COUNTY, PENNSYLVANIA v : No. 2003-058 CIVIL TERM EARL E. GAYMAN and CIVIL ACTION-LAW KATHLEEN M. GAYMAN, Defendants COURT ORDER AND NOW, this 2-011L day of May, 2005, upon agreement of counsel for both parties, the above case is removed from the Trial List and the non-jury trial scheduled for Thursday, June 30, 2005 is cancelled. The parties may re-list this case for trial at the appropriate time. BY THE COURT, cc4J4ubert X. Gilroy, Esquire ,,.,Annifer Spears, Esquire BROUJOS & GILROY, P C ATTORNEYS AT LAW JOHN H. BRovlos 4 NORTH HANOVER STREET HusERr X. Guam CARLISLE, PENNSYLVANIA 17013 May 16, 2005 Judge J. Wesley Oler, Jr. Cumberland County Courthouse Fourth Floor One Courthouse Square Carlisle, PA 17013 RE: Garman v Gayman No. 2003-058 Dear Judge Oler: TELEPHONE: (717) 243-4574 FACSIMILE: (717) 243-8227 jbroujos®bmujosgilroycom hgAroy®broujosgilmy.com NON-TOLL FOR HARRLSEURG AREA 717-766-1690 The above matter was listed for trial by Plaintiffs counsel, Jennifer Spears, Esquire. A non-jury trial was scheduled before you. I then filed a Motion to Dismiss alleging failure to name indispensable parties. Attorney Spears has recently suggested to me that she will be naming the additional Defendant's as I have suggested and that she also desires to name a few more Plaintiffs. I have signed a Consent for Amendment of the Pleadings along these lines and I have forwarded that Consent back to Attorney Spears. Attorney Spears and I are both in agreement that the matter should be removed from the trial list and I enclose a proposed Order to that effect. I will separately notify the Prothonotary to remove the case from the argument list because my Motion to Dismiss is now resolved. Thank you for your attention to the matters. srb Enclosure cc: Jennifer Spears, Esquire Mr. and Mrs. Earl E. Gayman Sincerely yours, kube Gilroy ' -r BRIAN L. GARMAN and DENISE L. GARMAN, Husband and Wife, and DALE LEHMAN, Plaintiffs V. EARL E. GAYMAN and KATHLEEN M. GAYMAN, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - 058 CIVIL ACTION - LAW QUIET TITLE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance in the above-captioned action on behalf of the Defendants, Earl E. Gayman and Kathleen M. Gayman. Respectfully submitted, O'BRIEN, BARIC & SCHERER O_A?? Michael A. Scherer, Esquire I . D. # 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Defendants Date: 9u01U?A r 1 17 , 2007 C--Z. 0 - Fr. co { a n (ji t BRIAN L. GARMAN and DENISE L. GARMAN, Husband and Wife, and DALE LEHMAN, Plaintiffs VS. EARL E. GAYMAN and KATHLEEN M. GAYMAN, Defendants TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 - 058 CIVIL ACTION -LAW QUIET TITLE PRAECIPE Please withdraw the appearance of Hubert X. Gilroy, Esquire, and the firm of Broujos & Gilroy, P.C. in the above referenced case. Date: January , 2007 Hubert X. Gi oy, Esquire Broujos & ilroy, P.C. 4 N. Hanover Street Carlisle, PA 17013 717-243-4574 ftl =, CC) : ? , 1-0 CERTIFICATE OF SERVICE I hereby certify that on V , 2006, I, Andrea M. Barrick, secretary to Michael A. Scherer, Esquire of O'Brien, Baric & Scherer, did serve a copy of the Praecipe to Withdraw the Appearance of Hubert X. Gilroy, Esquire and the Praecipe for Entry of Appearance, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Jennifer L. Spears, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, Pennsylvania 17013 A?4V&-7X. ?? Andrea M. Barrick r? p Lam. _ .+ CO -::.j n 1 BRIAN L. GARMAN and, DENISE L. GARMAN, Husband and Wife, And DALE LEHMAN, Plaintiffs V. EARL E. GAYMAN, And KATHLEEN M. GAYMAN, Defendants CIVIL ACTION - LAW PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2003-058 CIVIL TERM Please enter my appearance on behalf of the Plaintiffs, BRIAN L. GARMAN, DENISE L. GARMAN, and DALE LEHMAN, in the above captioned case. Respectfully submitted, IRWIN & WKNIG By: A. Esquire 60 2st PomfrStre Cae, Pennsylvania 17013 (71 249-2353 Attorney for Plaintiffs Date: February 8, 2008 BRIAN L. GARMAN and, : IN THE COURT OF COMMON PLEAS OF DENISE L. GARMAN, Husband and Wife, : CUMBERLAND COUNTY, PENNSYLVANIA And DALE LEHMAN, Plaintiffs v. 2003-058 CIVIL TERM EARL E. GARMAN, And KATHLEEN M. GARMAN, Defendants CIVIL ACTION - LAW CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Michael A. Scherer, Esq. O'Brien Baric & Scherer 19 West South Street Carlisle, PA 17013 IRWIN & McKNIGHT ZY la By: Marcu A. Mc t, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: February 8, 2008 2 n e.a G? r l cj "{7 ? r rr a BRIAN L. GARMAN and DENISE L. GARMAN, his wife, DALE LEHMAN, GARY RICKABAUGH And DONNA RICKABAUGH, his wife, GLENN S. RICKABAUGH and LILLIAN L. RICKABAUGH, his wife, Plaintiffs V. EARL E. GAYMAN and KATHLEEN M. GAYMAN, his wife, PAUL A. COHICK and JOANN H. COHICK, his wife, SAMUEL R. CUNNINGHAM, JR., and TAMELA A. CUNNINGHAM, his wife, WILLIAM D. MOORE, JR. and TAMMY S. MOORE, His wife, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-058 CIVIL ACTION - QUIET TITLE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint 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 Plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 IRWIN & N44KNIGHT, By: Marcus Suprem ourt I.D.: 2-5476 60 West omfret Street Carlisle, PA 17013 717-249-2353 Attorney for Plaintiffs Date: October 16, 2009 BRIAN L. GAYMAN and DENISE L. GARMAN, his wife, DALE LEHMAN, GARY RICKABAUGH And DONNA RICKABAUGH, his wife, GLENN S. RICKABAUGH and LILLIAN L. RICKABAUGH, his wife, Plaintiffs vi. EARL E. GAYMAN and KATHLEEN M. GAYMAN, his wife, PAUL A. COHICK and JOANN H. COHICK, his wife, SAMUEL R. CUNNINGHAM, JR., and TAMELA A. CUNNINGHAM, his wife, WILLIAM D. MOORE, JR. and TAMMY S. MOORE, His wife, Defendants. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-058 CIVIL ACTION - QUIET TITLE AMENDED COMPLAINT AND NOW, comes the Plaintiffs by and through their attorneys, Irwin & McKnight, and hereby aver as follows: 1. Plaintiffs, Brian L. and Denise L. Garman ("Plaintiffs Garman") are adult individuals residing at 700 Shed Road, Newville, Pennsylvania 17241. 2. Plaintiff, Dale Lehman ("Plaintiff Lehman") is an adult individual residing at 16204 Julie Lane, Laurel, Maryland 20707. 3. Plaintiffs, Gary E. Rickabaugh and Donna Rickabaugh ("Plaintiffs Gary Rickabaugh") are adult individuals residing at 420 Mt. Rock Road, Newville, Pennsylvania 17241. 4. Plaintiffs, Glenn S. Rickabaugh and Lillian L. Rickabaugh ("Plaintiffs Glenn Rickabaugh") are adult individuals residing at 1069 Grahams Woods Road, Newville, Pennsylvania 17241. 5. Defendants, Earl E. and Kathleen M. Gayman ("Defendants Gayman" are adult individuals residing at 47 Owl Lane, Newville, Pennsylvania 17241. 6. Defendants, Paul A. and Joann H. Cohick ("Defendants Cohick") are adult individuals residing at 4640 Enola Road, Newville, Pennsylvania 17241. 7. Defendants, Samuel R., Jr. and Tamela Cunningham ("Defendants Cunningham") are adult individuals residing at 54 Owl Lane, Newville, Pennsylvania 17241. 2 8. Defendants, William D., Jr. and Tammy S. Moore ("Defendants Moore") are adult individuals residing at 44 Owl Lane, Newville, Pennsylvania 17241. 9. On August 12, 2002, Plaintiffs Garman purchased a parcel of real estate located in Upper Frankford Township, Cumberland County, Pennsylvania, known as Tax Parcel Number 43-04-0389-001, evidenced by a deed recorded at Cumberland County Deed Book 253, Page 628, and specifically described as follows: ALL the following described real estate lying and being situate in Upper Frankford Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a stone heap; thence by land now or formerly of Christian Bowman's Heirs, South eighty-two and one-half (82 %2) degrees East forty-three (43) perches to a black oak; thence by land now or formerly of George Gillispie, North twenty-one and one-half (21 '/2) degrees East one hundred fifty-six (156) perches to a stone heap; thence by land now or formerly of John M. Woodburn, North sixty-one (61) degrees West twenty-three (23) perches to a gum; thence by land now or formerly of Henry Snyder, South twenty-seven and three-fourths (27 3/a) degrees West one hundred seventy-one and five tenths (171.5) perches to the Place of BEGINNING. CONTAINING 34 acres more or less. TOGETHER with all of the rights of the Grantors, if any, of access to and from the within conveyed property and the public road known and designated as SR 944. This grant is specifically excluded from the warranty of the within deed. BEING a part of (Tract No. 2) the same tracts of land the ownership of which became vested in Lee A. Clouse and Patricia A. Clouse, husband and wife, and Galen R. Clouse and Wanda L. Clouse by virtue of the following deeds: 1. Deed of Charles L. and Joanne D. Clouse dated March 30, 1990, and recorded in Cumberland County Deed Book "M", Volume 34, Page 275. 2. Deed of Lee A. Clouse, J. Edward Clouse and Joanne Ross, Executors of the Estate of John H. Clouse, deceased, and Beulah M. Clouse, widow, dated March 26, 1984 and recorded in Cumberland County Deed Book "R", Volume 30, Page 242 (and re-recorded in Deed Book "D", Volume 31, Page 1081). 3. Deed of Lee A. Clouse, Joanne Ross and J. Edward Clouse, Executors of the Estate of Beulah M. Clouse, deceased, dated October 27, 1998 and recorded in Cumberland County Deed Book Volume 187, Page 1053. A copy of the deed is attached hereto as Exhibit "A". 10. On August 12, 2002, Plaintiff Lehman purchased a parcel of real estate located in Upper Frankford Township, Cumberland County, Pennsylvania known as Tax Parcel Number 43-04-0390-039 evidenced by a deed recorded at Cumberland County Deed :Book 253, Page 625, and specifically described as follows: 3 ALL the following described real estate lying and being situate in Upper Frankford Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a stone heap, formerly a black oak; thence by lands now or formerly of Jacob Hoover and Harvey Buckwalter, South eighty-two and one-half (82 'h) degrees East forty-four (44) perches to a black oak; thence by land now or formerly of William Lehman, North thirteen and one-half (13 '/2) degrees East one hundred forty-four (144) perches to a stone heap; thence by lands formerly of Woodburn Heirs, now State Land, North sixty-one (61) degrees West twenty-three (23) perches to a stone heap; thence by land now or formerly of Reuben Clouse, South twenty-one and one-half (21 '/z) degrees West one hundred fifty-six (156) perches to the Place of BEGINNING. CONTAINING. 29 acres, strict measure. TOGETHER with all of the rights of the Grantors, if any, of access to and from the within conveyed property and the public road known and designated as SR 944. This grant is specifically excluded from the warranty of the within deed. BEING a part of (Tract No. 12) the same tracts of land the ownership of which became vested in Lee A. Clouse and Patricia A. Clouse, husband and wife, and Galen R. Clouse and Wanda L. Clouse by virtue of the following deeds: 1. Deed of Charles L. and Joanne D. Clouse dated March 30, 1990, and recorded in Cumberland County Deed Book "M", Volume 24, Page 275. 2. Deed of Lee A. Clouse, J. Edward Clouse and Joanne Ross, Executors of the Estate of John H. Clouse, deceased, and Beulah M. Clouse, widow, dated March 26, 1984 and recorded in Cumberland County Deed Book "R", Volume 30, Page 242 (and re- recorded in Deed Book "D", Volume 31, Page 1081). 3. Deed of Lee A. Clouse, Joanne Ross and J. Edward Clouse, Executors of the Estate of Beulah M. Clouse, deceased, dated October 27, 1998 and recorded in Cumberland County Deed Book Volume 187, Page 1053. A copy of the deed is attached hereto as Exhibit "B." 11. On May 22, 1988, Plaintiffs Gary Rickabaugh and Glenn Rickabaugh, as co-tenants in possession, purchased a parcel of real estate located in Upper Frankford Township and Lower Mifflin Township, Cumberland County, Pennsylvania, known as Tax Parcel No. 43-04-0389-001A, evidence by a deed recorded at Cumberland County Deed Book "L", Volume 33, Page 356, and specifically described as follows: ALL THAT CERTAIN tract of land, situate in Upper Frankford Township and Lower Mifflin Township, Cumberland County, Pennsylvania, as more fully described as follows: LAND consisting of approximately twenty (20) acres. TAX parcel No. 43 -04-03 89-00 IA. 4 BEING the same premises that the Tax Claim Bureau of the County of Cumberland, Pennsylvania, by Deed dated January 19, 1966, and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book "W", Volume 21, Page 130, granted and conveyed to Marlin B. Rickabaugh and Beulah M. Rickabaugh, husband and wife. THE SAID Marlin B. Rickabaugh passed away on September 27, 1984, leaving the said Beulah M. Rickabaugh as sole surviving tenant by the entireties. THE SAID Beulah M. Rickabaugh passed away on May 10, 1987. LETTERS of Administration C.T.A. were granted by the Register of Wills for Cumberland County in the said Estate to Louise R. Ginter, and JoAnn Fealtman, grantors herein. THIS conveyance is made pursuant to Section 3351 of the Pennsylvania Probate, Estates and Fiduciary Code (20 Pa. C.S.A. Section 3351). THIS conveyance is made a part of the Estate distribution to Gary E. Rickabaugh and Glenn S. Rickabaugh and therefore is exempt from realty transfer tax. A copy of the deed is attached hereto as Exhibit "C." 12. On November 8, 1989, Defendants Gayman acquired a parcel of real estate located in Upper Frankford Township, Cumberland County, Pennsylvania, known as Tax Parcel No. 43-04-0389- 005, evidenced by a deed recorded at Cumberland County Deed Book "G", Volume 34, Page 763, and specifically described as follows: ALL that certain tract of mountain land situate in the Township of Upper Frankford, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a black oak stump; thence South eighty (80) degrees East, thirty-one and six tenths (31.6) perches to stones by lands now or late of John Fulton; thence by lands of John Fulton, South eleven and three fourths (11 3/4) degrees East, one hundred twenty-nine (129) perches to stones; thence by lands of John Fulton, South sixty-six and one fourth (66 `/4) degrees West, thirty-one and three tenths (31.3) perches to stones; thence by lands now or late of Solomon Bloser, North ten and three fourths (10 3/4) degrees West, one hundred forty-eight (148) perches to the Place of BEGINNING. CONTAINING twenty-five (25) acres and one hundred fifty-five (155) perches, more or less. BEING the same tract of land which Ray E. Miller and Catherine J. Miller, his wife, by their deed dated January 23, 1962 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book "L", Volume 20, Page 1123 granted and conveyed to Leroy F. Rynard, single man, grantor herein. A copy of the deed is attached hereto as Exhibit "D." 5 13. On August 15, 1989, Defendants Cohick purchased a parcel of real estate located in Upper Frankford Township and Lower Mifflin Township, Cumberland County, Pennsylvania, known as Tax Parcel No. 43-04-0389-013, evidence by a deed recorded at Cumberland County Deed Book "C", Volume 34, Page 838, and specifically described as follows: ALL THAT CERTAIN tract of land situate in Upper Frankford Township and Lower Mifflin Township, Cumberland County, Pennsylvania, bounded and described according to a survey by John K. Bixler, III, P.L.S., dated August 13, 1989, as follows: BEGINNING at a point in Pa. Route 944, LR 21001, SR 0944, at corner of land of George H. Gries; thence along land of said George H. Gries, North 08 degrees 10 minutes 13 seconds East 575.85 feet to an iron pin; thence along land of Charles E. Heberlig, South 81 degrees 04 minutes 47 seconds East 66.00 feet to an iron pin; thence along same, North 15 degrees 44 minutes 52 seconds East 157.34 feet to a wooden post in stones; thence along land of Christopher G. Gill, North 82 degrees 03 minutes East 784.51 feet to an existing iron pipe; thence along land of Kenneth Rickabaugh the following 5 courses and distances: South 12 degrees 08 minutes 50 seconds East 352.21 feet to a wooden post; South 86 degrees 00 minutes 50 seconds East 159.67 feet to an iron pin; North 04 degrees 08 minutes 10 seconds East 137.17 feet to an iron pin; North 04 degrees 52 minutes 50 seconds West 152.02 feet to an iron pin; North 17 degrees 47 minutes 50 seconds West 98.99 feet to an iron pin; thence along land of Silas J. Mentzer, North 81 degrees 59 minutes 56 seconds East 482.07 feet to an iron pin; thence along land of John E. Perry, South 12 degrees 47 minutes 14 seconds East 693.00 feet to an iron pin; thence along land of Raymond L. Smith, Fred J. H. Klages and Raymond L. Smith, North 78 degrees 52 minutes 34 seconds West 910.35 feet to an iron pin; thence along land of said Raymond L. Smith, South 07 degrees 30 minutes 00 seconds East 541.00 feet to a painted stone; thence along land of JoAn E. Fealtman, North 63 degrees 52 minutes 55 seconds West 50.76 feet to an existing iron pin; thence along same, South 26 degrees 07 minutes 07 seconds West 293.97 feet to an existing nail; thence along said Pa. Route 944 the following three courses and distances; North 63 degrees 02 minutes 46 seconds West 164.28 feet to a parker kalon nail; North 59 degrees 49 minutes 47 seconds West 594.00 feet to an iron pin; South 86 degrees 25 minutes 13 seconds West 140.25 feet to a parker kalon nail; the point and place of BEGINNING. CONTAINING 26.619 acres. UNDER AND SUBJECT to a ten (10) foot wide easement as set forth in Deed Book "A", Volume 27, Page 942. BEING the same premises which Beulah M. Rickabaugh by deed dated May 29, 1986 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "X", Volume 31, Page 651, granted and conveyed unto Joann E. Fealtman, M. Louise Ginter as Trustee under Trust Agreement dated May 29, 1986, M. Louise Ginter, individually, Glenn S. Rickabaugh, Loretta J. Deihl, Doris M. Henry and Gary E. Rickabaugh, Grantors herein. A copy of the deed is attached hereto as Exhibit "E." 6 14. On April 14, 2004, Defendants Cunningham, Jr. purchased a parcel of real estate located in Upper Frankford Township, Cumberland County, Pennsylvania, known as Tax Parcel Number 43-04- 0389-008, evidenced by a deed recorded at Cumberland County Deed Book 263, Page 588, and specifically described as follows: ALL THAT CERTAIN tract of land with improvements thereon erected, situate in the Township of Upper Frankford, Cumberland County, Pennsylvania, being known as Lot 2 as shown on a Plan prepared by Eric L. Diffenbaugh, P.L.S., dated August 15, 2000, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Subdivision Plan Book 82, Page 44, and being more fully bounded and described as follows: BEGINNING at an existing iron pin at the corner of lands now or formerly of Earl E. Gayman, et ux, and o ther lands of the Grantors herein; thence along other lands of the Grantors South zero (00) degrees fifty-one (51) minutes fifty (50) seconds East one hundred forty-one and eighty-five one-hundredths (141.85) feet to a set iron pin; thence continuing along lands of the Grantors South eighty-one (81) degrees thirty-one (31) minutes fifty (50) seconds West one hundred thirty-six and twenty-five one- hundredths (136.25) feet to a set iron pin; thence continuing along lands of the Grantors North eight (08) degrees twenty-eight (28) minutes ten (10) seconds West two hundred eighty-nine and fifty-two one-hundredths (289.52) feet to a set iron pin; thence continuing along same North eighty-one (81) degrees thirty-one (31) minutes fifty (50) seconds East one hundred fifty-five and zero one-hundredths (155.00) feet to a set iron pin; thence along lands now or formerly of Gayman South eight (08) degrees twenty-eight (28) minutes ten (10) seconds East one hundred forty-nine and twelve one-hundredths (149.12) feet to an existing iron pin, the place of BEGINNING. CONTAINING 1.0000 acres. BEING the same premises which William D. Moore, Jr., also known as William D. Moore and Tammy S. Moore, husband and wife by Deed dated the 31" day of January, 2001, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland on the I' day of February, 2001, in Record Book 238, Page 1024, granted and conveyed unto Samuel R. Cunningham Jr., single man. A copy of the deed is attached hereto as Exhibit "F". 15. On August 20, 1987, Defendants Moore purchased a parcel of real estate located in Upper Frankford Township, Cumberland County, Pennsylvania, known as Tax Parcel No. 43-04-0389- 010, evidenced by a deed recorded at Cumberland County Deed Book "W", Volume 32, Page 687, and specifically described as follows: ALL THAT CERTAIN tract of land, with the improvements thereon erected, situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: 7 BEGINNING at a point marked by a stake on the western side of a dirt lane at the corner of lands previously conveyed by Martha B. Fulton to Ronald F. Lauretti; thence along lands conveyed to said Ronald F. Lauretti South 76 degrees 8 minutes West 300 feet to a stake; thence by the same North 13 degrees 52 minutes West 128.84 feet to a stake; thence by lands now or formerly of Leroy Rynard North 74 degrees East 338.9 feet to a point marked by a limestone along said lane; thence in and crossing ssaid lane South 2 degrees East 82.5 feet to stones; thence recrossing said lane South 74 degrees West 29.7 feet to a spike; thence along said lane South 21 degrees 30 minutes East 60.25 feet to a stake, the PLACE OF BEGINNING. CONTAINING 0.976 acres and being described according to a survey of Thomas A. Neff, R.S. dated September 9, 1971. BEING the same premises that Martha B. Fulton by her deed dated August 2, 1983, and recorded in the Office of the Recorder of Deeds in Deed Book "H", Volume 25, Page 513, granted and conveyed to Marlin B. Rickabaugh and Beulah M. Rickabaugh. The said Marlin B. Rickabaugh passed away on September 27, 1984, leaving the said Beulah M. Rickabaugh as sole surviving tenant by the entireties. The said Beulah M. Rickabaugh passed away on May 10, 1987. Letter of Administration C.T.A. were granted by the Register of Wills for Cumberland County in the said Estate to Louise R. Ginter and JoAnn Fealtman, grantors herein. This conveyance is made pursuant to Section 3351 of the Pennsylvania Probate, Estates, and Fiduciaries Code (20 Pa. C.S.A. Section 3351). TOGETHER with the right-of-way to the grantees, their heirs and assigns over a 10 foot wide hard dirt road as described below for use by the said grantees, their contractors, invitees, agents and assigns for any and all purposes, with or without vehicles, in common with other persons entitled to use said premises, their heirs and assigns, which said hard dirt road extends northwardly from Route No. 944 along other lands of the grantees herein and lands of Ronald F. Laurett. Said premises are also subject to the right-of-way granted to said Ronald F. Lauretti in a prior conveyance as recorded in Deed Book "I", Volume 21, Page 342. SAID right-of-way is also subject to the use thereof by Blaine R. Hess and Irene L. Hess, their heirs and assigns, as set forth in a certain deed recorded in the aforesaid office in Deed Book "U", Volume 20, Page 596. A copy of the deed is attached hereto as Exhibit "G." 16. Defendants Gaymans' land contains a residential structure and outbuildings. Defendants use the residential structure as their principal residence. 17. Plaintiff Lehman's land is adjacent and contiguous to Plaintiffs Garmans' land. Likewise, Plaintiffs Garmans' land is adjacent and contiguous to Defendants' land. Plaintiff Lehman's land is not adjacent to Defendants Gaymans' land. 8 18. Plaintiffs Rickabaughs' land is adjacent and contiguous to Plaintiffs Garmans' land. It is not adjacent to Defendants Gaymans' land. 19. Defendants Gaymans' land is adjacent and contiguous to Defendants Moores' land. 20. Defendants Gaymans' land is adjacent and contiguous to Defendants Cunninghams' land. 21. Defendants Cunninghams' land is adjacent and contiguous to Defendants Moores' land. 22. Defendants Cohicks' land is adjacent and contiguous to Defendants Moores' land. 23. An existing private lane (the "Lane") traverses Defendants' property and serves as the primary means of ingress and egress to Plaintiffs Garmans' and Lehman's parcels from Route 944. 24. For more than 21 years, Plaintiffs Garmans' and Lehman's predecessors in title, the Clouse family, have used the Lane as it traverses Defendants' parcel to access the parcels now owned by Plaintiff. This use has been open, notorious, adverse, and continuous and has been against Defendants and Defendants' predecessors in title. The Clouse family first acquired the land now owned by Plaintiffs Garman on April 4, 1883, when Samuel Clouse obtained the parcel by deed recorded at Cumberland County Deed Book "F", Volume 5, Page 26. A copy of a deed between Samuel Clouse, et ux, and Reuben Clouse dated March 31, 1905, and recorded at Deed Book "U", Volume 6, Page 302, evidencing the earlier conveyance in a recital is attached hereto as Exhibit "H." This parcel has been in the Clouse family continuously from 1883 until August 12, 2002. The Clouse family first acquired the land now owned by Plaintiff Lehman on December 20, 1946, when John H. Clouse, et ux, acquired the parcel by deed recorded at Cumberland County Deed Book "J", Volume 13, Page 505. A copy of said deed is attached hereto as Exhibit "I." This parcel has been in the Clouse family continuously from 1946 until August 12, 2002. 25. In August 2002, Defendants Gaymans notified Plaintiffs that they were not permitted to use the Lane to access their property despite the decades of adverse use by Plaintiffs' predecessors in title. Defendants are not entitled to prevent Plaintiffs' use of the Lane to access their property. 26. Plaintiffs' predecessors in title obtained a prescriptive easement permitting them to use the existing Lane as it traverses Defendants' parcel by virtue of their adverse use of the Lane for over 21 years. 27. Likewise, Plaintiffs acquired these same prescriptive rights upon their acquisition of the parcels from the Clouse family. 28. Plaintiffs are entitled to a legal determination in Quiet Title as to the parties' right, title, or interest in the existing Lane traversing Defendants' land. 29. Alternatively, Plaintiffs believe and therefore aver that the Lane existed when Plaintiffs' parcels and Defendants' parcels were united and, therefore, an easement exists by implication or necessity. 9 WHEREFORE, Plaintiffs request that this Court declare and adjudge that Plaintiffs, their heirs, assigns, and successors in title, have obtained an easement over the Lane traversing Defendants' land as described herein, that Plaintiffs may reasonably use this Lane to gain access to their property described herein, and that Defendants, their heirs, assigns, and successors in title, are enjoined from obstructing the Lane or otherwise restricting Plaintiffs' reasonable use of the Lane, and grant such other and further relief as may be proper. IRWIN & McKNIGHT, P.C. By: Carlisle, PA 17013 717-249-2353 Attorney for Plaintiffs Date: October 16, 2009 G:Mmcknight/Real Estate/Garman, Rickabaugh et allAmended Complaint 10 60 West Pomfret Street Tax Parcel ;Number. Part d: 43-04-0349-001 THIS DEED MADE this. day of 2002, BETWEEN LEE A. CLOUSE and PATRICIA A. CLOUSE, husband and wife,.ofNewville, PA and GALEN R. CLOUSE and WANDA L. CLOUSE, husband and wife, ofNewville, PA, ".GRANTORS it, AND BRIAN ` L. GAIUM AN and DENISE L. GARti1AN, husband and wife, of 700 Shed Road, Newville, PA, 4 it 'GRANTEES WITNESSETH, that in consideration of the sum of Thirty-Seven Thousand ($37,000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said GRANTORS does hereby grant and convey in fee simple to said GRANTEES, ALL the following described real estate lying and being situate in Upper Frankford Township, Cumberland County, Pennsylvania, more particularly described as follows: BEGINNING at a stone heap; thence by land now or formerly of Christian Bowman's Heirs, South eighty-two and one-half (82 %2) degrees East forty-three (43) perches to a black oak; thence by land now or formerly of George Gillispie, North twenty-one and one-half (21 %) degrees East one hundred fifty-six (156) perches to a stone heap; thence by land now or formerly of John M. Woodburn, North sixty-one (61) degrees West twenty three (23) perches to a gum; thence by land now or formerly of Henry Snyder, South twenty-seven and three-fourths (271/4) degrees West one hundred seventy-one and five tenths (171.5) perches to the Place of BEGINNING. CONTAINING 34 acres more or less. TOGETHER will all of the rights of the Grantors, if any, of access to and from the within conveyed property and the public road known and designated as SR 944. This grant is specifically EXHIBIT "A" excluded from the warranty of the within deed. BEING a part of (Tract No. 2) the same tracts of land the ownership of which became vested in Lee A. Clouse and Patricia A. Clouse, husband and wife, and Galen R. Clouse and Wanda L. Clouse by virtue of the following deeds: 1. Deed of Charles L. and Joanne D. Clouse dated March 30, 1990 and recorded in Cumberland County Deed Book "N/1", Volume 34, page 275. 2. Deed of Lee A. Clouse, J. Edward Clouse and Joanne Ross, Executors of the Estate of John H. Clouse, deceased, and Beulah M. Clouse, widow, dated March 26, 1984 and recorded in Cumberland. County Deed Book "R", Volume 30, Page 242 (and re-recorded in Deed Book "D", Volume 31, Page 1081). 3. Deed of Lee A. Clouse, Joanne Ross and J. Edward Clouse, Executors of the Estate of Beulah M. Clouse, deceased, dated October 27, 1998 and recorded in Cumberland County Deed Book Volume 187, Page 1053. AND, the said GRANTORS hereby warrant specially the property herein conveyed. IN WITNESS WHEREOF, the said GRANTORS do hereby set their hands and seals the day and year first above written. Witn s: LEA. CLOUSE (SEAL) PATRICIA A. CLOUSE GALEN R. CLOUSE /' (SEAL) WANDA L. CLOUSE COMMONWEALTH OF PENN?SYLVANIA: ss. COUNTY OF CUMBERLAND On this the t _14ay of , 2002, before me, the undersigned officer, personally appeared LEE A. CLOUSE an PATRICIA A. CL.OUSE, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged the foregoing deed to be their act and deed and desired the same to be recorded as such. WITNESS my hand and official seal the day and year first above written. Notarial Seal Hamilton C. Davis, Notary Public Shlppensburg Boro, Cumberland County / My Commission Expires Sept. 27, 2004 J r '(SEAL) Memer, Pennsylvania Association of Notaries Notary P b tc COMMONWEALTH OF PENNSYLVANIA: ss. COUNTY OF CUMBERLAND : On this the) 2 jday of 2002, before me, the undersigned officer, personally appeared GALEN R. 401 SE and WANDA L. CLOUSE, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged the foregoing deed to be their act and deed and desired the same to be recorded as such. WITNESS my hand and official seal the day and year 11 st above written. Notarial Seal ton C. Davis, Notary Public LShl burg Boro, Cumberland Coun ission Expires Sept. 27, 2004 ary Member, Pennsylvania Association of Notaries I do hereby certify that the precise residence and complete post office address of the within named GRANTEES is: 700 SHED ROAD, NEWVILLE, PA 1724 / )2002 Attorn for Hamilton C. Davis, Esq. POBox40 Shippensburo, PA 17257 (717) 532-5713 of Pul THIS DEED MADE this A day ofN 2002, BETWEEN k Tax Parcel Number: Part of. 43-04-0389-001 LEE A. CLOUSE and PATRICIA A. CLOUSE, husband and wife, of Newville, PA and. GALEN R. CLOUSE and WANDA L. CLOUSE, husband and wife, of Newville, PA, "GRANTORS", AND DALE LEHMAN , HARRIED MAN , of Maryland, "GRANTEES". WITNESSETH, that in consideration of the sum of Thirty-Seven Thousand ($37,000.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said GRANTORS does hereby grant and convey in fee simple to said GRANTEES, ALL the following described real estate lying and being situate in Upper Frankford Township, Cumberland County, Pennsylvania, more particularly described as follows: C__ BEGINNING at a stone heap, formerly a black oak; thence by lands now or a > `f' formerly of Jacob Hoovef and Harvey Buck-waiter, South eighty=two and one-half w z a (82 %2) degrees East forty-four (44) perches to a black oak; thence by land now or w ° o s? formerly of William Lehman, North thirteen and one-half (13 ''/a) degrees East one ''' C> c' hundred forty-four (144) perches to a stone heap; thence by lands formerly of r W ) Woodburn Heirs, now State Land, North sixty-one (61) degrees West twenty-three -CX iG cr Cr c0 (23) perches to a stone heap; thence by land now or formerly of Reuben Clouse, L South twenty-one and one-half (21 1/2) degrees West one hundred fifty-six (156) C perches to the Place of BEGINNING. CONTAINING 29 acres, strict measure. TOGETHER will all of the rights of the Grantors, if any, of access to and from the within conveyed property and the public road known and designated as SR 944. This grant is specifically excluded from the warranty of the within deed. 253 PACE 625 EXHIBIT "B" COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ss. On this the ) 2 6day ofAW. IA 2002, before me, the undersigned officer, personally appeared LEE A. CLOUd PATRICIA A. CLOUSE, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged the foregoing deed to be their act and deed and desired the same to be recorded as such. W11 NhSS my band an Notarial Seal Hamilton C. Davis, Nol Publlc I My Shtp? burgo rC83 beranc CWoun Sept. 27, Member, Pennsylvania Association of Notaries COMMONWEALTH OF PEN COUNTY OF CUMBERLAND On this Aay of 2002, before me, the undersigned oificer, personally appeared GALEN - L - - _ .__own to me (o satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged the foregoing deed to be their act and deed and desired the same to be recorded as such. WITNESS my hand and official seal thi Notarial Seal Hamilton C. Davls, y Public ebtug t3oro, Curnbe?dawl ?misslon Expires Sept. 27, Member, Pennsylvania Associatlon ol Notaries I do hereby certify that the precise residence and con plete post office address of the within named GRANTEES is: 1630 -1 TALI E L.i4, 6j 14v,t,oc, A'7 4R 44-P6 00 7Q 7 2002 i ? 30 U _ Attorney for Hamilton C. Davis, Esq. P O Certify this to be 253 ?Au 627 Sox 40 e recorded (717) Shipptmsburg, PA ?72s7In Cumberland County PA (717)53 32-5713 Recorder of Deeds P 10S-DEEO-E,KUtp, TIYEIMpGWINR AOGRVS All-STATE LEGAL SUMV CORP I)IE ARCH ST, PHILAOEIPHIA PA IE'01 a?!??i •, ? , ?` y t f i J ? Made the 2,,,,/ aay of "?'Y in the year Nineteen hundred and Eighty-Eight (1988), I 5r1chu cr3t LOUISE R. LINTER and JOANN FEALTMAN, Adrninistratrixes C.T.A. of" the Estate of Beulah M. Rickabaugh, Late of Upper Frankford Township. Cumberland County, Pennsylvania, hereinafter Grantors, AND GLENN S. RICKABAUGH and LILCJAN L..RICKABAUGH, husband and wife, a 1/7 interest as Tenants by the Entireties, JOANN 'E. FEALTMAN, single.woman, a one-seventh iriterest., ' wife, a 1/7 interests sSTenannt bbynthe AEntireties, DORISaM HEand NRY and EUGENE HENRY, husband and wife, a 1/7 interest as Tenants by the Entireties, LORETTA DEIHL and PAUL C. DEIH14 husband and wife, a 1/7 interest as Tenants by the Entireties, GARY E. RICKABAUGH and DONNA RICKABAUGH, husband and wife, a 1/7 interest as Tenants by the Entireties, and LOUISE GINTER,• Trustee for the children of Kenneth Rickabaugh, Deceased,/a 1/7 interest, hereinafter Grantees. namely, Caroline Sue Rickabaugh, Michelle Lee Rickabough, and Leslie Ann Rickabaugh WHEREAS, Carl-A. Rickabaugh, by Deed dated October 28, 1971 and recorded in the Office of the Recorder of Deeds for Cumberland County, Pennsylvania in Deed Book "I", Volume 24, Page 945, granted and conveyed the within tract of mountain land to Marlin Rickabaugh and Beulah M. Rickabaugh; and Beulah WHEREAS, the said Marlin Rickabaugh passed away September 27, 1984, leaving ugh as sole surviving Tenant by the Entireties; and WHEREAS, the said Beulah M. Rickabaugh passed away on May 10, 1987; and WHEREAS, the Register of Wills of Cumberland County, Pennsylvania duly granted Letters of Administration C.T.A. in Estate No. 21-87-458 to Louise R. Ginter and JoAnn Fealtman, Grantors herein, thereby authorizing this conveyance pursuant to Section 3351 of the Pennsylvania Probate, Estates and Fiduciaries Code (20 Pa. C.S. S3351). ro a m <= rn ? rno o .: h m N I uI I - I eaox?33 MAW EXHIBIT "C" lots khid ?nhtnture "itneosefThat the said Grantors t for and in consideration of the sum of One ($1.00) Collar, lawful money of the United States of .4meriea, unto them well and truly paid by the said Grantees at and before the sealing and delivery hereof, the receipt whereof is hereby acknowl• edged, have granted, barjained, sold, aliened, released and confirmed, and by theca presents Do rant, bargain., sell, alien, enfeoff, release and confirm unto the said Grantees, their heirs and assigns, each share as Tenants in Ccnrmn, ALL THAT CERTAIN tract of mountain land, situate in Lower Mifflin Township, Cumberland County, State of Pennsylvania, bounded and described as follows: BEGINNING at a Spanish Oak in'the run at land now or formerly of Widow Arnold, thence south 84 degrees east 43.7 perches to a post; thence by land now or fornrrly of Oliver Snyder south 13 degrees west 73 perches to a post; thence north 84 degrees west 61 perches to a post in the run; thence by various courses of said run to the PLACE OF BEGINNING. Containing 23 acres and 70 perches, more or less. ecoR3? 33 Fac,1001 Zagether with all and iiiegular the 3?pprovenents, ways, waters, water-courses, rights, libirlies, pritileees, hereditaments and appur- temmannres whatsoever thereunto belonging, or in. any wise appertaining, and the reversion.v and remainders, rents, issues and profits thereof; 2nd assn n1l the estate, right, title, interest, use, trust, property, possession, claim. and demand whatsoever, of here, the said Beulah M. Rickabaugh at and inmediately before the time of her death, in law, equity, or otherwise howsoever, of, in, to, or out of the same: To Shave anb to 14alit the said tract of nnuntain ground above described, with the inprovwents thereon erected, hereditaments and premises hereby granted and released, or mentioned and intended so to be, with the appurtenances, unto the said Grantees, their heirs and assigns to and for the only proper use and behoof a/ the said Grantees, their heirs and assigns forever -Nnb the said Grantors, for themselves and their respective heirs, executors and administrators, do severally, and not jointly nor the one for the other nor for the act or deed of the other, but each for her. own acts only, earenrnit, prnmise and agree, to and with the said Grantees, their heirs Grantors, have and assi.ens, that they the said not done, committed, or knowingly or willingly suffered to be done or committed, any art, matter or thins uhatsoerer whereby the premises hereby granted, or any part thrrenf, is, are, shall or may be impearhrd, rharged or inrumnbero'd, in title, rharee, r.stnte, or nthenrise lornrsnever. 11 fl<i33c-iyi :111facrevfm the said Grantors hereunto set theirhand s and seals the day and year first above written. *ignra, vended anb Delivertb the presen V lC ? bODd 33 PA5E14? Louise R. Ginter ter. (7111, 1110- ?_?G f 0-14-t' Fealtman cLommonwsnlttr of ?lrnnsklvania 1 os. (Lr 111t t k of CLMERLAND /j W l? r ?y On this, the , 11/ day of A notary personalty appeared Louise R. Ginter and JoAnn Fealtnan , 19 88, be/ore me the undersigned officer, v` known to me (or satisfactorily proven) sabc•tAe'yCrson described in the foregoing instrument, and acknowledged that ez- 'ebxfrd'Ihe sam,•- the capacity therein stated and for the purposes therein contained. :-rIN VITNK$S$ WHEREOF, I hereunto set my taaQ a d official scat. Vt5 ti.JSl:ES.t:.tuyAr blfc ............. ................... Cu., Pa. Title of Officer yN CatlMll„ion Wlilss April Z 19 0 , ?ltrsb? ?eskiEk that the precise address of the ;r .tees /acr . 's .c/o Louise Ginter,'R. D. #4, Box 484, Newville PA 7241 J K. Jones, ire httnrxey feir (:rantat+e Co ? VV O E Jul or OE w0? Commonwealth of7ennwklvnnin ' 9.. (Countk of I RttorAtb in the O/fler for Reeurdinf of Deeds in. and for -? in Deed Book .?o. 3.3 pa;e /ow Etc. '.litnte• any hand and seal o/ 0/71 cc this day of ql'? Anno Dornini 19W •. Boax ;?33 md003 ?? Recorder tlr.tp le Is W RFCOROER'S USF ONLY 6t REALTY TRANSFER TAX <Ie CGMMGNW(AITH OF ?(NNSTLVANIA leeY No.,?.. U(PARTASEMOr "Al "Nut STATEMENT OF VALUE suRSAU a iss TAXIS rev Nv.b„ [ O OU K31 orrKE lox e010 HOMBURG. PA 17105.0010 S*o Revilirsa for Instructions 0`1. erd.d Centpleu i•ch section and Eb in duplicate wish Recorder of Deeds when (I) the Full voluekens derotn it not set forth in the dCa I q wllhpd tendderalion, or by gih, lo eed. (7) when the deed w (3) o tax exemption is claimed. A Stotilmoni of Value is not required it the transfer is who"y exempt from lox bated en: (1) lamiy rektion<hip er (1) public utility easement. If more sp«e is needed. .11th additional thou(!). • • s Neste s James K. Jones, Esquire ielephene Nvmber: Seeu Ad*- Arco Code) 717 1 737-5856 3461 Market Street, suite 101 ay state t+v cos-- Hill PA 17011 . ? • . e , Get. A«.ptee<. oeatn«u _._ --- _ _ t Geeterpµoserb) -°- ---- - G Esta twl,pls.•bl - ------ -- te of Beulah M. Rickaba ree sNestaer. ugh Estate of Beulah M. Rickab_augh___._ . Snort Addnu c/o Griffie,Turo b Giell, 3461 Marbitgt101 0/0 Griffis, Turn & Grell, 3461 Mar ket Gty Store Zip Code City Corp Hill PA '-'tip Clod. 17011 Carta Hill PA 17011 Sreet Addrnt Cdy. Termkp. Soraugh N/A Lower Mifflin Township Curberland ool 'aria Tox Ier<el IVvx.ber _. e ?</?a1ei • e Big Spring -04-0389-01 . 1. Aoved C.A C-.d.._ 2. O.K. Censideretien $1.00 ?. Taal Cenude oGen e. eq Aanw vebe + _ $1.00 S. Cewuton law Ratio foaar 0. fair Mo<iet Valve - X e t = lcr A+wM of Eaemptien Cleieed (Ile. Iernmeae d Int...., c,,,,.-__. t. Cheek Appropriat. Be. Below for Exemption Claimed In will or imutore succession Beulah M. Rickabau h 21_8 (Nor 7-958 el D.sed.? 7-4 rd, Nuwy,?? --_ ? Transfer to Indmbiol Development Agency. _ , - ? Trondor to agent or straw party. (Attach copy of ogencyhtrow party agreement). ? Transfer between principal and agent. (Attach copy of agency/strew tNa agreement). To. paid prior deed S ? Tronsfers to the Commonwealth, the United states, and Imtrumentalities by sift, dedication, condemnation or in lieu of condemnation, (Attach copy of resolutionJ- • ? Transfer from mortgogor to o holder of a mortgage in default. Mortgage Book Number Page Number _ ? Corrective deed (Attach copy of the prior deed). ? Statutory corporate consolidation, merger or division. (Attach copy of articles), ? Other (Please explain exemption claimed, if Giber than listed obov..) Umler 1W it e el law, 1 decks that 1 have examined this Stot.ment, including oaomponying Informeaien, end to the b..t of my knowledge s1? ~ • N is ! --:and cmpleb<_?5tenetnee ? d.v ., _.___ 1 (SEE REVERSE) BOOK ?33 PACEi004 I.101.1111 WerMry D.N. L.vl Iy.w. M M IIM- M.a+pN ti Te.1.?1[I.MI.? ,•r.+r .YII, Il.r . 4Ww. IA cbtfo Deebt MADE' THE 8th day of November in the year a/ oar Lord one thuuxnnd nine hnndrr•d eighty nine (1989) 1*171I'KKN! IMUY F. RYNARD, single person, of west Pennsboro Township, Cumberland County, Pennsylvania, party of the first part G ra"h,r , niil EARL E. GAYMAN and KATHLEEN M. CAYMAN, his wife, of R. D. N 9 Carlisle, Cumberland County, Pennsylvania, parties of the second part Granter s: IIYT'.\YNSh,711• thinf w r,wsiderrltinn of Twenty-Five nxxisand and no/100 --'----- ------------------- --------- ($25, 000.00) ------------------------- DoUa re• in lined paid, Ihr rrr' ipt whrr, of is her, htt rrr•knna$rlprel, the .,•aid yrnntor do es Irrrrbt/ tt rnut ,lad rear-1 to th, xoid urru,tl•es • their heirs and assigns as tenants by the entireties ALL that certain tract of mountain land situate in the Township of Upper Frankford, County of Cumberland and State ofPennsf.lvania, bounded and described as follows, to wit: BEGINNING at a black oak stump; thence South Eighty (00) degrees East, Thirty-One and Six tenths (31.6) perches to stones by lands now or late of John Fulton; thence by lands of John Fulton, South Eleven and Three fourths (11 3/4) degrees East, One Hundred Twenty-Nine (129) perches to stones; thence by lands of John Fulton, South Sixty-six and One fourth (56 1/4) degrees West, Thirty-One and Three tenths (31.3) perches to stones; thence by lands now or late of Solomon Bl.oser, North Ten and Three fou rhs (10 3/4) degrees West, One Hundred 1.;rty-eight (148) perches to the Place of BEGINNING. CONTAINING Twenty-Five (25) Acres and One Hundred Fir•.y Five (155) Perches, more or less. e3ox G 34 PACE 763 EXHIBIT "D" BEING the same tract of land which Ray E. Miller and Catherine J. Miller, his wife, by their deed dated January 23, 1962 and recorded in the office of the Recorder of Deeds for Cumberland County in Deed Book "L" Volume 20, Page 1123 granted and conveyed to Leroy F. Rynard, single man, grantor herein. COMMONWEALTH OF PENNSYLVANIA = ti DEPARTMENT OF REVENUE fAx 25 0 00 te.t U. r:i Y . U. J on U1 , u = U. 6 W , i i.; 07 ac ? a o W of OIL U [q FL ?? IMsI Eapge Th>NUhs Tit 1 ..,nA rQ nict Col. Apt. Q f SC -,? School DILL Comb. Co., P's. J.•% Real Este Transfer Ax Darts ?N - q d f Amt.1. ._C r/ yc?cs- rn plat Col. Apt. jo-OX ?? P AU 764 AND the said grantor hereby covenant S and agree S that HE will it-arrant generally the property hereby conveyed. IN WITNESS WHEREOF, said grantor ha s hereunto set his hand a-? seal the day and year first above written. `SQ ... ......7.,., ?.. .. ......... tL?L abigntb, fstaltb Anb I)clibtrtb F. RY?1dARD in tbt j)rt net of ^ .... _......... ............................................................. ... BEA4 tir.r.• r ...................................................................... ...... -.................................................................... .... !BS^i. Nlate of PENNSYLVANIA County of CUMBERLAND Oa this, the 1 se. 8th day of l November , 19 89, before me, the undersigned officer, personally appeared Leroy F. Rynard knon•n to me (or satisfactorily proven) to be the person whose ?nine is subscri!wd to the within instrument, and acknowledged that he ereaited same for the purpos-.i therein contained. ,1.4WNF.SS WHEREOF, I hereunto set my hand and official seal. J U y /7 .Q//?-L............ ram. /?. ' ............................ Title of Officer. BEM A. MOAMSCM. NOTARY PUM C CAIUTAE WAO,CUWBEHWlo000Mry MY Wrnsl++0t EXPlaES DEC. 15, on Ms" br, ?arr?y i' Arodam NNoWts I do hereby certify that the precise residence and complete post oj'r, r !dress of the within named grantee uOp Q W? /y /h? t W i7? C 70) 3 November 8th 19 89 34 racE 765 Attorney for ...Grantee.. -).. .............................. aoos i i THIS DEED Au 4L5t MADE THE day of 3 in the Year Of Our Lord y one thousand nine hundred eighty-nine (1989). ° y BETWEEN JOANN E. FEALTMAN• M. LOUISE GINTER as Trustee under Trust Agreement dated May 29, 1986; M. LOUISE GINTER, a:: - - individually; GLENN S. RICKABAUGH; LORETTA J. DEIHL; DORIS M. HENRY And GARY E. RICKABAUGH, all of Cumberland County, `->:`• Pennsylvania, hereinafter referred to as: Q If Grantors, and PAUL A. COHICK and JOANN H. COHICK, husband and wife, of 356 Kerrsville Road, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as: 1 ! E 1 ° ". Grantees, WITNESSETH, that in consideration of ONE HUNDRED TWENTY- FIVE THOUSAND AND 00/100 ($125,000.00) Dollars in hand paid, the liiliill;i:; Il receipt whereof is hereby acknowledged, the said Grantors do s hereby grant and convey to the said Grantees, their heirs and assigns: ' C:? ALL THAT CERTAIN tract of land situate in Upper z Frankford Township and Lower Mifflin Township, z .ju. Cumberland County, Pennsylvania, bounded and LL described according to a survey by John K. Bixler, III, P.L.S., dated August 13, 1989, as follows: a BEGINNING at a point in Pa. Route 944,.LR 21001, SR 0944, at corner of :land of George H. Gries; thence ' along land of said George H. Gries, North 08 degrees 10 minutes 13 seconds East 575.85 feet to an iron Y 1 pin; thence along land of Charles E. Heberlig, South -: c r 81 degrees 04 minutes 47 seconds East 66.00 feet to va a iron pin; thence along same, North 15 degrees 44 £ L 6 1 6 s' minutes 52 seconds East 157.34 feet to a wooden post in stones; thence along land of Christopher G. Gill, North 82 degrees 03 minutes East 784.51 feet to an existing iron pipe; thence along land of Kenneth Rickabaugh the following 5 courses and distances: South 12 degrees 08 minutes 50 seconds East 352.21 feet to a wooden post; South 86 degrees 00 minutes 50 rf seconds East 159.67 feet to an iron pin; North 04 ?,•,? ._ degrees 08 minutes 10 seconds East 137.17 feet to an -' :- iron pin; North 04 degrees 52 minutes 50 seconds West ,•• ! ; >" '7 152.02 feet to an iron pin; North 17 degrees 47 ' -- minutes 50 seconds West 98.99 feet to an iron pin; 34 PACE 838 t?%C c: v 'l tJ ? . . : 7 f?: .N 1 LAW OFFICES - MARTSON, I)EARDORf F, WILLIAMS A 0770 EXHIBIT "E" 4.? thence along land of Silas J. Mentzer, North 81 degrees 59 minutes 56 seconds East 482.07 feet to an iron pin; thence along land of John E. Perry, South 12 degrees 47 minutes 14 seconds East 693.00 feet to an iron pin; thence along land of Raymond L. Smith, Fred J. H. Klages and Raymond L. Smith, North 78 degrees 52 minutes 34 seconds West 910.35 feet to an iron pin; thence along land of said Raymond L. Smith, South 07 degrees 30 minutes 00 seconds East 541.00 feet to a painted stone; thence along land of Joann E. Fealtman, North 63 degrees 52 minutes 55 seconds West 50.76 feet to an existing iron pin; thence along same, South 26 degrees 07 minutes 07 seconds West 293.97 feet to an existing nail; thence along said Pa. Route 944 the following three courses and distances: North .63 degrees 02 minutes 46 seconds West 164.28 feet to a parker kalon nail; North 59 degrees 49 minutes 47 seconds West 594.00 feet to an iron pin; South 86 degrees 25 minutes 13 seconds West 140.25 feet to a parker kalon nail, the Point and Place of BEGINNING CONTAINING 26.619 acres. i UNDER AND SUBJECT to a ten (10) foot wide easement as set forth in Deed Book "A", Volume 27, page 942. BEING the same premises which Beulah M. Rickabaugh by deed dated May 29, 1986 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book "X", Volume 31, Page 651, granted and conveyed unto Joann E. Fealtman, M. Louise Ginter as Trustee under Trust Agreement dated May 29, 1986, M. Louise Ginter, individually, Glenn S. Rickabaugh, Loretta J. Deihl, Doris M. Henry and Gary E. Rickabaugh, Grantors herein. The said Louise M. Ginter as Trustee under Trust Agreement dated May 29, 1986, joins in this conveyance pursuant to her statutory power to sell real property of the Trust under the Pennsylvania Probate, Estates and Fiduciaries Code, 20 Pa. C.S.A.$ 7141, there being no provision of said Trust Agreement prohibiting or restricting said power. AND will warrant specially the property covenant hereby conveyeagree that they IN WITNESS WHEREOF„ said Grantors have hereunto set their hands and seals the day and year first above written. ac"ti.(?34 Pac6 839 LAY OFFICES -- MAATSO\. DEAADOAFF. YILLIAHS A OTTO SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF ??.c?t•t/ C1 o? ?J??SEAL) q)Dann E. Fealtman ?Yl. ??attaL z_ (SEAL) M. Louise Ginter as Trustee under Trust Agreement dated May 29, 1986 ?J? ?7?.• . , a ¢, t (SEAL) M. Louise ?G}int Tenn 4.g•ickaba/? er ughil -(SEAL) /?-7yz_ 1 Ape;_I-el ( SEAL ) Lo/reetta J. Deihl Xl .-Li- ))/,, -3 (SEAL) Doris M. He 2 f . ' ? i• ? . .1f (SEAL ) Gary -1E. icka au 6. The spouses of the Grantors herein join hereby in the withi conveyance solely for the purpose of releasing whatever interest they may be construed to have. WITNESS: r? (SPAT.) ? Jay Ginter tLilli:;n L. Rickabauug (SEAL) Paul Deihl z? -,z -`t `?? ?t! (SEAL) E.' e He rD y !All Donna D. Rickabaugh? BOR.C341PAu 840 LAV orricF.S-MARTSON. DEARDONFF. •91.1.1\MS A u7Tu COMMONWEALTH OF PENNSYLVANIA ) ss. COUNTY OF CUMBERLAND ) On this, the /WOK day of Au9LCCf , 1989, before I,- me, the undersigned officer, personally appeared JOANN E. FEALTMAN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I seal. Nz :.:i =er 1 i Je ,I,wlins A. Corker, Notary Fublie Canute Bono, Cwnbee.W County My Connris.tn Erirm Jan. 13. 1-2 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND hereunto set my hand and ;?Rfnr..ial . ,i .,?..;,.:ark . c• . ss. On this, the /-,?A day of '4'/UaF , 1989, before me, the undersigned officer, personally appeared M. LOUISE GINTER as Trustee under Trust Agreement dated May 29, 1986; M. LOUISE GINTER, individually; and JAY R. GINTER known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged t;l trr ey executed the same for the purposes therein contained.,:' ?,r:•-:;•,,; IN WITNESS WHEREOF, goal riaylr;er Em . Jaequriry A. Docker, Notary Pubic Cad" B;wo, Curnborlard County y cwnrr?esion E.pirss Jan, iJ, Iig2 I hereunto set my hand aAd' officio.` tA Z. Tonnahrp of iJ 1. r I v ??.- f School Dist. Cumb. Co., Pe. Cumb. Co., Pa. 1 % Real Estate Transfer Tax L% Real Estate Transfer Tax cc, Dote i 7 X' Amt 6 xl! o' Date q ' 1 / Cumb. Dist. Col. Apt Cumb. Co. Dlst Col. Apt eodk.C'34 FACE 841 LAW OFFICES - MARTSON. DEARDORFr. WILLIAM., a OTT, COMMONWEALTH OF PENNSYLVANIA ) ): as. COUNTY OF CUMBERLAND ) On this, the lj ?A day of A4f0? , 1989, before me, the undersigned officer, personal y appeared GLENN S. RICKABAUGH and LILLIAN L. RICKABAUGH, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and offiGfa3?',. seal. t'btarial 5•W .c Jsowe irla A. 0«ka, Nolay Public halal. sae. Cumbodand ca,ay - - (SEAL ). MyCommission EsoesJan. 13.1992 J .? COMMONWEALTH OF PENNSYLVANIA ) ?/'/,•?I D)'"? , COUNTY OF CUMBERLAND )° es. On this, the /7K day of 144kf"E 1989, before me, the undersigned officer, personally appeared LORETTA J. DEIHL and PAUL DEIHL, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein contained. seal. WITNESS WHEREOF, r hereunto set my hand and Qf1E*A* &?, iC, r Na.,I s.r ! ), irr ti Gs:ku, Naary Puhfie r Sao. Cu --'4 CouAy unia'wn Expires Jan. 1J, 14D2 . q,. :.:...' i LIJI i+ 03x. C34 nce, 842 LAM OFFICES - HARTSIM. OF.AIMIRFF. WILLIAMS R OTTO •.r 1? 1 COMMONWEALTH OF PENNSYLVANIA ) ): as. COUNTY OF CUMBERLAND ) On this, the ? '( day of ?c•?u4f , 1989, before me, the undersigned officer, personally appeared DORIS M. HENRY and EUGENE HENRY, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, ,and acknowledged that they executed the same for the purposes therein contained. r] IN WITNESS WHEREOF, I hereunto set my hand and official seal. ??'1 l; '`•: N•,:xJ 5esl PuOC Notay Darer A k t 1 ?; , . ra m Dao, CunMdand CasdY L J C . ? ' Cn?vn?s=r Erprf Jan. tS, to92 - ' ' Tom J C ?' `:, 7 t ` • • ? COMMONWEALTH H OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND ) On this, the /51(? day of 1441- f GOZF 1989, before me, the undersigned officer, personally appeared GARY E. RICKABAUGH and DONNA D. RICKABAUGH, known to me (or satisfactorily, proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed the same for the . purposes therein contained. ............. IN WITNESS WHEREOF I hereunto set my hand arid- £I"' a' seal. Ward ssr JrroW.bm A. Darker, Notsrp Pudic CM600 Bono, C W"dand Cants My Convoission Expires Jan. 13, W92 eocr C'34 PACE 843 LAW OFFICES - MAPTa\, DF.AB008FF. WILLIAMS h OTTO SEA; ?atif0'? i i I hereby certify that the precise residence and complete post office address of the within Grantee is D, 3 L?3? / 76oZ /VFwvitcE f39. i7?S'/ ? ,•purUS: i ? x489 ???/ ?Cttorney for?Gr ntee' COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF .k?nla?c? RECORDED on this day of IqLlq A. D. 19001 , in the Recooor4er's Office of the said Counnty in Deed Book C , -3 4 volume , Page g3lr Given under my hand and the seal of the said office, the date above written. Recorder ICY.. r' Eft.-(C 34 PACE 844 J LAW OFFICES - MARTSOS• DEARDORFF• WILLIAMS d OTTO I r i 1 I I i I l I t I I I I 1 1 l i I I i I l k ll? j, •; )F1 till( •?r wM r?l?l s4.. I ? i •; I 1• coo /?l?Iq tl + r N .• ? Z M pa Z + / P LIV t ? ? ? P ??"? p o ? •/ a / 1r ? rl ?? w Ff 7 1 ? ar 1j ; } I ' tl ?y-xss t )?'? r a ?? t •k??l r: ? 1 as ar? r 1 t?7 .?F { i3 s ? xa tr j i€3 E4 tt BOOK ? PACE 845 Fee Simple Deed: Individual or Cor orate WPSS No. 00004873 THIS IS A CONVEYANCE FROM HUSBAND AND WIFE TO HUSBAND AND WIFE; AND, THEREFORE, IS EXEMPT FROM TRANSFER TAXES. This Indenture made this 14th day of April, 2004 Between Sainuei R. Cunningham, Jr., now joined herein by his wife Tamela A. Cunningham, of Cumberland County, Pennsylvania (hereinafter tailed the Grantorls), of the one part AND Samuel R. Cunningham Jr. and Tamely A. Cunningham, husband and wife, of Cumberland County, Pennsylvania (hereinafter called the Grantee/s), of the other part, WitneSSeth That in consideration of One and 00/100 ($1.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said Grantor/s do/does hereby grant and convey unto the said Granteels, their heirs and assigns, ALL THAT CERTAIN tract of land with improvements thereon erected, situate in the Towns-hip of Mpiper Frankford Cumberland County, Pennsylvania; being known as Lot 2 as shown on a Plan prepared by Eric L. Diffenbaugh, P. L. S., dated August 15, 2000, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Subdivision Plan Book 82, Page 44, and being more fully bounded and described as follows: BEGINNING at an existing iron pin at the corner of lands now or formerly of Earl E. Gayman, et ux. And other lands of the Grantors herein; thence along other lands of the Grantors South zero (00) degrees fifty-one (51) minutes fifty (50) seconds East one hundred forty-one and eighty-five one= hundredths (141.85) feet to a set iron pin; thence continuing along lands of the Grantors South eighty- one (81) degrees thirty-one (31) minutes fifty (50) seconds West one hundred tbirty-six and twenty-five one-hundredths (136.25) feet to a set iron pin; thence continuing along buds of the Grantors North eight (03) degrees twenty-eight (28) minutes ten (10) seconds West two hundred eighty-nine and fifty- two one-hundredths (289.52) feet to a set iron pin; thence continuing along same North eighty-one (81) degrees thirty-one (31) minutes fifty (50) seconds East one hundred fifty-five and zero one-hundredths (155.00) feet to a set iron pin; thence along lands now or formerly of Gayman South eight (08) degrees twenty-eight (28) minutes ten (10) seconds East one hundred forty-nine and twelve one-hundredths (149,12) feet to an existing iron pin, the place of BEGINNING. CONTAINING 1.0000 acres. BEING the same premises which William D. Moore, Jr., also known as William D. Moore and Tammy S. Moore, husband and wife by Deed dated the 31st day of January, 2001, and recorded at Cumberland County in the Office of the Recorder of Deeds, in and for the County of Cumberland, on the 1st day of February, 2001, in Record Book 238, Page 1024, granted and conveyed unto Samuel R. Cunningham, Jr., single man. UNDER AND SUBJECT TO restrictions and conditions as now appear of record. UPI NO. 43-04-0389-008 n ? LZ d 1 7 F-v C C.: r^ y i r? Cn 9919 V6- Form SDDOIPA Rev. 05'27799 9oUR 263 PAGE 588 F.XNTRTT "F" And the said Grantor/s do/does hereby covenant to and with the said Grantees that he/she/they/it, the said Grantor/s for themselves/himself/hetself/itself SHALL AND WELL by these presents, SPECLULY, Warrant and forever Defend the herein above described premises, with the hereditaments and appurtenances, unto the said Grantees their/his/her heirs/its successors and assigns, against the said Grantors and against every other person lawfully claiming or who shall hereafter claim the same or any part thereof, by, from or under him/her/it or any of them. IN WITNESS WHEREOF, the said Grantor/s has/have caused these presents to be duly executed, the day and year first above written. Sealed and Delivered (Seal) in the presence of 4Sajnuel IL C?u!n?ningq'1am, Jr. Tamela A. Cunningham Commonwealth of Pennsylvania: County of Cumberland: On this, the 14th day of May, 2004, before me, the undersigned officer, personally appeared Samuel R. Cunningham, Jr. and Tamela A. Cunningham known to me (or satisfactorily proven) to be the persons whose names is/are subscribed to the within instrument and acknowledged that hc/shelthey executed the same for the purposes therein contained. A, AMA,. A_ COK#"M MTH OF PENNSYLVANIA Notary Public NotMd Seel Mabee C. NW, Nody Putt Wed M VdMWTMp.. Yank OM* W Cakn*WM E410 May 11.2008 Mwfter. PamrAvenla AsmMon Of NotwWa I hereby certify that the precisc address of the Grantee is 54 Owl Lane, Newville, PA 17241. DL- Agent for Grantee I,,: •1 :.uulitV PA BOuK 263 PACE 589 Recorder of Deeds 'S Visbn F- SCGOIPA Rw. OS117Na N. feM•11-MMti Ow/-L.w- ?-M IIA-b.W 1Nw 1 MM„ MMl k.. INOr M ?\\y\?? \? ;-?Jr:)cL-CF ICE OF THE t h ':I C? DEEDS PA. I 181 AUG 11 Ah 3 34 MADE THE o"? Tti day of August in the rear of our Lord one thoumnd nine hundred Eighty-Seven (1987) , BETVEEN LOUISE R. GINTER and JOANN FEALTMAN, ADHINISTRATRIXES OF THE ESTATE OF BEULAH M. RICKABAUGH, hereafter Grantor S, and WILLIAM D. MOORE, JR. and TAMMY S. MOORE, husband and wife, hereafter Grantees WITNESSETH, that in consideration of Twenty Four Thousand Nine Hundred ------- ---------------------------------------------- ($24,900.00)---- Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantor do hereby grant and convey to the said grantee s, their heirs and assigns, as tenants by the entireties ALL that certain tract cf land, with the improvements thereon erected, situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point marked by a stake on the western side of a dirt lane at the corner of lands previously conveyed by Martha B. Fulton to Ronald F. Lauretti; thence along lands conveyed to said Ronald F. Lauretti south 76 degrees 8 minutes west 300 feet to a stake; thence e by the same north 13 degrees 52 minutes west 128.84 feet to a stake; thence by lands now or formerly of Leroy Rynard north 74 degrees east 338.9 feet to a point marked by a limestone along said lane; thence in and crossing said lane south 2 degrees east 82.5 feet to stones; thence recrossing said lane south 74 degrees west 29.7 feet to a spike; thence along said lane south 21 degrees 30 minutes east 60.25 feet to a stake, the PLACE OF BEGINNING. CONTAINING 0.976 acres and being described according to a survey of Thomas A. Neff, R.S. dated September 9, 1971. BEING the same premises that Martha B. Fulton by her deed dated August 2, 1983 and recorded in the Office of the Recorder of Deeds in Deed Book "H", Volume 25, Page 513, granted and conveyed to Marlin B. Rickabaugh and Beulah M. Rickabaugh. FC6Kw 82 Act 687 EXHIBIT "G" i t i The said Marlin B. Rickabaugh passed away on, ?tJe+. 2 7 /9 Ty leaving the said Beulah M. Rickabaugh as sole `surviving tenant by the entireties. The said Beulah M. Rickabaugh passed away on May 10, 1987. Letters of Administration C.T.A. were granted by the Register of Wills for Cumberland County in the said Estate to Louise R. Ginter and JoAnn Feltman, grantors herein. This conveyance is made pursuant to Section 3351 of the Pennsylvania Probate, Estates, and Fiduciaries Code (20 Pa.C.S.A. Section 3351). TOGETHER with the right-of-way to the grantees, their heirs and assigns over a 10 foot wide hard dirt road as described below for use by the said grantees, their contractors, invitees, agents and assigns for any and all purposes, with or without vehicles, in common with other persons entitled to use said premises, their heirs and assigns, which said hard dirt road extends nor.thwardly from Route No. 944 along other lands of the grantees herein and lands of Ronald F. Lauretti. Said premises are also subject to the right-of-way granted to said Ronald F. Lauretti in a prior conveyance as recorded in Deed Book "I", Vol. 21, page 342. SAID right-of-way is also subject to the use thereof by'Blaine R. Hess and Irene L. Hess, their heirs and assigns, as set forth in a certain deed recorded in the aforesaid office in Deed Book "U", Vol. 20, page 596. COMMONWEALTH OF PENNSYLMNIA . /J r / SIZ--?? ° DEPARTMENT OF RF.VENUi _ School Dial. Cumb Co, h. u£A?,r c 2 , IJAt,iFER Real Woo. Trwd., A. TAX Au?3rp •.ts;.?„: 24 9.00= - s,.>i-sue /?y•S"U ° ^4...,._ ?__..... _. '- D.nh_.. I . AAA ..... VIA- CR/ '..."r. 1:.. Did. CA AeL cumh: Pa. 113 Real 1.109 Tra.J.? Tax p.a. 1 .. And. ..... C"4 ca 04E. .oi. Asa. Asd the said graoitor s hereby coveeaas and agree sAas they rill warrant special ly the property hereby conveyed. beox 032 PACE 688 IN WITNESS WHEREOF, said granters havehereunto set their honch and seat the day and year first above written. «.1e ?d-c. tc• Q t • ? I r. ? ,. ?s J M pth. bald ata artiva b -wise R. Ginter, A ministratrix of fag Ira /t?he? Estate of Beulah M. Rickabaugh PO Ann ea man, ministratrix of the Estate of Beulah M. Rickabaugh Sine of Pennsylvania County of Cumberland On this, the 2-0,,y day of August , 19 87 , before me, r the undersigned officer, personally appeared Louise R. Ginter and JoAnn Fealtman Cot . Jaos?i?td'4se;(or'satisfkictorily proved to be the person s whoa name s are subscribed to the within . Lists?UU:;?iee(` aeksto?kdged that they executed same for the pus oyes therein contained JN IrZ)VESS WH R fOF. I hereunto set my hand and o tt l t4(s•?`f ?? ?i f ?" JAMES K JONES Pu61k rte' ' ti • .' 6N:•:a i• . M t+s_ )AI E*ra A99 ''`ti.. •.,....?" < ?? r/ Y IM of officer. State of k-., SL County of On this, the day of 19 Before me, the andersigned officer, personally appeared base of me (or sat4fiteteray proven) to be the person whose name subscribed to the within iestrement, and acknowledged that executed same for the purposes therein contained IN /'ITNIM WIlEREOF l hereunto act my hand and official seaL Pak of O.Tieer. I do hereby car* that the precise residence and complete you ogee address of the within named grantee is A.a ? 1)G>< /') q,21 /f 1f i'lt4E, If / J2 `F/ 21 19 87 i t j 1 mss K. J 10ux (X6 PACE 68,9 ee ey for Grantees I V? I /l VJ'Jn?NG,L.! ? ? •??•C1 ???//?..? ?_t/??Z???C.. ?(1i?.i'?L ..^-''"C-• ?i wj?iNx.G( /?it?-t.L ??i?.ti 1iu'iG? ?d-,,//.?'? %/?o'?•Z?.i'?"?7-E,,,G?!/?.?'LG?^-?Lt.G?..%2,.rn? ::;%!i'-'• -: •. ',cG,rc- .-Cr,? >'? .:,/il?.u?.?C? /?? % % rr.? ?-?-? .?i? i'.??o-?r??-l-?' 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C?2 /I ?ca 2 v fC. , ,?,?.-P.cv?c A41 1n? r????? °?G i'` 'l"' "'y`t?, a • ?.,twv?c- ??u,-Y,C// ?vC. ,c;?G aM.ic- .?GL`C?? real ..?oz?4 ?-wr'/ ??,0-?v,•ce ?. i+ :li°"'`'?' ?`? ?. ? ???ezd?-d. ?ri? /1(.?rd.. ??-.7 !??„ ? ? ?o fL, ,?! ryw?v? ?V? , /2,r%oj,?.cC.C-?G ?r,?.e.e ? /' ., r?., .?'?,.cw,ti,- ?i,•.oe ..ut°i`a?c.lr.?eic. ?,C?i.?.. ,G2LfoL,?.?..G!/? -{'' ,.-rcl? ? . r; .C /.?r?+n.C i:? ,? -?rn??„?u ,e7/.?"??i?'?iLU?-d?e. -C?.ev?a.e•?..c?i. ; y„o, .ti.? /jir.?s--?::c:r?. ?i+?!/?.r?',<-•? ?/?r.,4? ?-?i.?n.r?n??:?=?:.?-LC ?..,Z p . arrzrirrt :,H-Ld. %?u??'.?i ..??o•?.`.' a?G'a.e"??c '`'"°t. ?o?/ .arc,.-? ??c ?? .? e, . ? r.. ; tYr-e? ?, ,• ,dam o ? c r ?-a- .e%?iev+.?-!c.?rr,?: r,?.:? u.G ?z.??2GG r?.+..e 1.e+•Gr,?, -e?-wv .??rea.x?.or..?ra„s¢. .GV'?„oYY. %r!•Z??ic- .ltreti'?u_r-?/c..?-2v,-yz vru? .R`? !n ",?,;-,.? ,?i-C-,a.w,',,,? .sv„rnrti ,?u,.?'r l .d+tGr, lT-a.•,?.aca. ,.k,.oc.. G.??a . /?atr,C: ??wJ;a... -?.c.?-sc. f i' ????I?ti?p(_ .??Gf?r.!-GU,}i .?i??"?,L?.c[r.z-?``y?L. '-7j?t???i.•?Lt.G. .l?.cG-:-cr4`t^L r-eir?il?( NO: 7218 4 THIS DEED, NAUE TINE 20TH DAY OF OECENBER IN THE YEAR NINETEEN DEED n1rrR15WIIIQ HUNDRED MID FOP.TY-SIX. ALTA G. THRONE, E7 AL 41aliRFit "! BETWEEN ALTA G. THPONE, WI,0017; EM11AA C. BRUBAKEP. MID RAY R. T 0: 12/20 46 BRUBAKER, HER HUSBAND; ANNA E. WAGNERt ANO FRAIK H. WAGNEP., JOHN H. CLOUSE, ET UX SHE . , HEIRS AT LAZY OF JOHN D. THRONE, LATE OF THE B)ROUGH OF CONS: f1.00 SHIPPErIS1311RG, FRANKLIN COUNTY, PENNSYLVANIA, DCCEASEiD, PARTIES OF THE FIRS-' LOC: FRAHKFORU TWP. PART, IIEREIN.AFTER r..ALLED THE GRANTORS, AND JOHN H. CLOUGE AND BEULAH DATG: DECEMBER 20, 1946 M. CLOIISE, HIS WIFE, OF LOWER MIFFLIN TOWNSHIP, CI)MBE:RLM.D CMINTY, ENTD; DECEMBER 31, 1946 6 -------.ENNSYLVaKI,t, P:W,TIf.S OF THE SECOND PART, HEREIFIAF'TER CALLED THE GRJY)TEES WITNESSETH THAT IN CONSIDF.PATIIN OF ONE (81.00) DOLLAR AND OTHER VALUABLE CON!31OF.RATION IN HANU PAID. THE RECEIPT WHEREOF 1; HEREBY ACKNOWLEDGED, THE SAID GRANTORS On HEREBY GRANT ANU CONVEY IN FEE SIMPL1: TO SAID GRANTEES, ALL THAT CERTAIN TRACT Or WOOULA'IC SITUATE IN T14E TOWNSHIP OF UPPER FRA!NKFORU, CUHABERLA'ID COUNTY, PENNSYLVA!AN A, BOUNLED AND UESCR IBEU AS FOLLOWS, TO WIT: BEGINNING AT A STONE HEAP, FORH.IERLY A BLACK OAK; TI#_IICE BY LM!JS NOW OR FORMERLY OF JACOB HOOVER AND HARVEY BUCKWALTER SOUTH 61GHTY-TIVO ANU ONE-HALF (dZj') DEGREES EAST FORT',-FO))R (44) PERCHES TO A BLACY OAK; THE'!CE BY LAND NOW OR FORMERLY OF OVILLIM.I L041WI NORTH THIPTEE4 A!ID O'E-HALF (13'x) DEGREES EAST ONE 11UNLRED FORTY-FOIJR (144) PERCHES'TO A STO!IE HEAP; TliENCE IIY LAIDS FORMERLY OF WOODBORN HEIRS, NOW STATE. LAND, NORTH! SIXTY-ONE (61) DEGREES WEST TWENTY-THREE (23) PERCHES TO A STONE HEAP; THENCE BY LAID NOW OR FORMERLY OF REUDEN CLOIISE SOUTH TIWENTY-ONE XIU ONE-HALF (21?) DEGREES WEST ONE IM)NORED FIFTY-SIX (156) PERCIIES TO THE PLACE OF BEGIHNINIG. COPITAI'Ilrlr, TWENTM-MI•IE (29) ACRES, STRICT MEASURE. I:EING THE SAME PREMISES WHICH A. E. BILLMAN, AiNAINISTRATOR, D. B. N. C. T. A. OF JOHd M. BURKHART, DECEASED, 13Y DEED DATED THE 31ST DAY OF PARCH, 1917. ANU RECORJEO I17 THE OFFICE OF THE RECORDER OF UE£U;; IN ANU FOR CUMBERI-010 COUNTY, PE181SYLVANIA IN USED BOOK "L", VOL. 8, PAGE 44U, r+RANTED AND C(NYEYED TO JOHN U. THRONE IM FEE. AND THE SAID J041 U. TIROHE BE P4G SE I SEU OF SAID PREMISES DEPARTED THIS LIFE TNTE_STATE ON THE ,.TH DAY OF MAY, 1946. LFAVI?IG SURVIVING 141M AS SOLE HEIRS HIS WIDOW, ALTA C. THRO"c, AND TWO DAIIGHTERS, EA44A C. BRUBAKER NOW I'JTERMARRIEU WITH RAY B. BRUBAKER, AND AINIA E. WArr•IER, NOW INTE^r MARRIED WITH FRANK Fl. WAGNER, TO WHO14 3AIU PNEMISES DESCENDED IN FEE. AND THE SAID GRMITCRS WILL WARRANT GENERALLY THE PROPERTY HEREBY CONVEYED. IN WITNESS WHEREOF SAID GRANTORS HAVE HEREUNTO SET TIAEIR HANDS AND SEALS THE DAY AND YEAR FIRST ABOVE WRITTEN. SEALED AND DELIVERED IN THE PRESENCE OF HILTON A. RUSSELL ALL SIGNIAT!)RES STATE OF PENNSYLVANIA ) C OIJNTY OF CLIMBERLAND ) 55' ALTA G. THRONE (SEAL) E144A C. BRUBAKER (SEAL) RAY B. BRUBAKER (SEAL) ANNA 6. WAGNER (SEAL) FRANK H. WAGNER (SEAL) HEIRS OF JON! D. THRONE, DECEASED. ON THIS 20TH DAY OF DECEMBER, 1946, A. U. BEFORE ME A NOTARY M113LIC IN 910 FOR SAID STATE AND COUNTY CALL THE ABOVE NAI.AED ALTA C. THRONE, WIDOW, EMIA C. BRUBAKER AND RAY B. BRUBAKER, HER HUSBAND; ANU ANNA E. WAGNER AND FRANK H. SWAGNEFA, HER HUSBAND, WIND.:ACKNOWLEDGED THE FOREGOING DEED TO BE THEIR ACT AND DEED, AND DESIRED THE W.'X TO BE RECORDED AS SUCH. WITNESS MY HAND AND NOTARIAL SEAL, THE DAY AND YEAR AFO -SEAL t r HILTON RUSSELL . C EXP. JAN., '947 I HEREBY CERTIFY THAT THE PRECISE RESIDENCE OF THE GRANTEES EIN IS R. U. ), 'IEWVILLE, PA. (LOWER MIFFLIN TWP.) MERR I LL HUFAVEL, ATTORNEY _^. (M.E.M.) r . f- EXHIBIT "I" VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Date.: October 16, 2009 Brian L. Garman n, Denise L. Garman it s VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: October 16, 2009 Dale Lehman I =+ R VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: October 16, 2009 Gary ?Qkabaugh a 'Donna Rickabaugh ,• , VERIFICATION I verify that the statements contained herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date'; October 16, 2009 ?J/GCi+.vK d . Glenn S. Rickabaugh r Li ian L I -I • a CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of the foregoing Complaint was served this date by depositing same in the Post Office at Carlisle, Pennsylvania, by first class mail, postage prepaid, addressed as follows: Michael A. Scherer O'BRIEN BARIC & SCHERER 19 West South Street Carlisle, PA 17013 Mr. Paul A. Cohick Mrs. Joann H. Cohick 4640 Enola Road Newville, PA 17241 Mr. Samuel R. Cunningham, Jr. Mrs. Tamela Cunningham 54 Owl Lane Newville, PA 17241 Mr. William D. Moore, Jr. Mrs. Tammy S. Moore 44 Owl Lane Newville, PA 17241 By: Date: October 16, 2009 IRWIN & NYEMGHT, P.C. Marcus I.1V1cKnight, sq Suprem Court I.D.: 5 60 West Pomfret Stre Carlisle, PA 17013 717-249-2353 Attorney for Plaintiffs 11 6 20;9 6,CT 16 PP-1 w: 11 i'?: f?5\I/? iJr BRIAN L. GARMAN and DENISE L. GARMAN, his wife, DALE LEHMAN, GARY RICKABAUGH, and DONNA RICKABAUGH, his wife, GLENN S. RICKABAUGH and LILLIAN L. RICKABAUGH, his wife, Plaintiffs V. EARL E. GAYMAN and KATHLEEN M. GAYMAN, his wife, PAUL A. COHICK and JOANN H. COHICK, his wife, SAMUEL R. CUNNINGHAM, JR., and TAMELA A. CUNNINGHAM, his wife, WILLIAM D. MOORE, Jr. and TAMMY S. MOORE, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-058 CIVIL ACTION-QUIET TITLE NOTICE TO PLEAD TO: Brian L. Garman and Denise M. Garman Dale Lehman Gary Rickabaugh and Donna Rickabaugh Glenn Rickabaugh and Lillian Rickabaugh c/o Marcus A. McKnight, Esquire Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, Pennsylvania 17013 You are hereby notified that you have twenty (20) days in which to plead to the enclosed Preliminary Objections Of Defendants, Earl E. Gayman and Kathleen M. Gayman or a Default Judgment may be entered against you. O'BRIEN, BARIC & SCHERER chael A. Scherer, Esquire Date: I.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 BRIAN L. GARMAN and DENISE L. GARMAN, his wife, DALE LEHMAN, GARY RICKABAUGH, and DONNA RICKABAUGH, his wife, GLENN S. RICKABAUGH and LILLIAN L. RICKABAUGH, his wife, Plaintiffs V. EARL E. GAYMAN and KATHLEEN M. GAYMAN, his wife, PAULA. COHICK and JOANN H. COHICK, his wife, SAMUEL R. CUNNINGHAM, JR., and TAMELA A. CUNNINGHAM, his wife, WILLIAM D. MOORE, Jr. and TAMMY S. MOORE, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-058 CIVIL ACTION-QUIET TITLE PRELIMINARY OBJECTIONS OF DEFENDANTS EARL E. GAYMAN AND KATHLEEN M. GAYMAN And now, comes Defendants, Earl E. Gayman and Kathleen M. Gayman, by and through their attorney, Michael A. Scherer, Esquire, and avers as follows: NON-JOINDER OF A NECESSARY PARTY 1. Plaintiffs are required to name as Defendants each person who owns an interest in the real estate over which Owl Lane crosses. 2. Owl Lane crosses the real estate of Fred Kleggis and Al Walters and these men and their spouses, if any, should be joined in this litigation. 3. Plaintiffs have named Samuel R. Cunningham, Jr. and Tamela A. Cunningham as Defendants, however, the Cunninghams have sold their property on Owl Lane and the new owners should be substituted as Defendants. WHEREFORE, Defendants, Earl E. Gayman and Kathleen M. Gayman respectfully request that this Honorable Court strike Plaintiff's Complaint for failure to join necessary parties. Respectfully submitted, O'BRIEN, BARIC & SCHERER Mac A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dir/genlit/gayman/preliminaryobjections.pid CERTIFICATE OF SERVICE I hereby certify that on November {A , 2009, I, Jennifer S. Lindsay, secretary at O'Brien, Baric & Scherer, did serve the Preliminary Objections Of Defendants, Earl E. Gayman and Kathleen M. Gayman, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Marcus A. McKnight, Esquire Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, Pennsylvania 17013 *Jen i say r BRIAN L. GAYMAN and DENISE L. GAYMAN, his wife DALE LEHMAN, GARY RICKABAUGH and DONNA RICKABAUGH, his wife GLENN S. RICKABAUGH and LILLIAN L. RICKABAUGH, his wife Plaintiffs VS. EARL E. GAYMAN and KATHLEEN M. GAYMAN, his wife PAUL A. COHICK and JOANN H. COHICK, his wife, SAMUEL R. CUNNINGHAM, JR. and TAMELA A. CUNNINGHAM, his wife, WILLIAM D. MOORE, JR., and TAMMY S. MOORE, his wife, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-058 CIVIL ACTION - QUIET TITLE PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL To the Prothonotary: Please enter my appearance on behalf of Defendants, Paul A. Cohick and Joann H. Cohick. WEIGLE & ASSOCIATES, P.C. Dated: Richard L. Webber, Jr., Esquire Attorney ID #49634 126 East King Street Shippensburg, PA 17257 717-532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 CERTIFICATE OF SERVICE I Richard L. Webber, Jr, Esquire, hereby certify that a copy of the foregoing Praecipe to Enter Appearance served this date by depositing same in the Post Office at Shippensburg, Pennsylvania, by first class mail, postage prepaid, addressed as follows: Marcus A. McKnight, III, Esquire Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, PA 17013 Michael A. Scherer O'BRIEN BARIC & SCHERER 19 West South Street Carisle, PA 17013 Mr. Samuel R. Cunningham, Jr. Mrs. Tamela Cunningham 54 Owl Lane Newville, PA 17241 Mr. William D. Moore, Jr. Mrs. Tammy S. Moore 44 Owl Lane Newville, PA 17241 WEIGLE & ASSOCIATES, P.C. By: /Zl el, '-- ? -- Richard L. Webber, Jr., Esquire 126 East King Street Shippensburg, PA 17257 717-532-7388 Attorney for Defendants, Paul A. Cohick and Joann H. Cohick Date: November-/ , 2009 Wl-c awam MIIOV 1 7 1N;12; 111 "We"Olow0j*y BRIAN L. GAYMAN and DENISE L. GAYMAN, his wife DALE LEHMAN, GARY RICKABAUGH and DONNA RICKABAUGH, his wife GLENN S. RICKABAUGH and LILLIAN L. RICKABAUGH, his wife Plaintiffs VS. EARL E. GAYMAN and KATHLEEN M. GAYMAN, his wife PAUL A. COHICK and JOANN H. COHICK, his wife, SAMUEL R. CUNNINGHAM, JR. and TAMELA A. CUNNINGHAM, his wife, WILLIAM D. MOORE, JR., and TAMMY S. MOORE, his wife, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-058 CIVIL ACTION - QUIET TITLE ACCEPTANCE OF SERVICE I accept service of the Amended Complaint in the above-captioned action on behalf of Defendants, Paul A. Cohick and Joann H. Cohick and certify that I am authorized to do so. Dated: // // WEIGLE & ASSOCIATES, P.C. By: ? 2 Richard L. Webber, Jr., Esquire Attorney ID #49634 126 East King Street Shippensburg, PA 17257 717-532-7388 WEIGLE & ASSOCIATES, P.C. - ATTORNEYS AT LAW - 126 EAST KING STREET - SHIPPENSBURG, PA 17257-1397 BRIAN L. GARMAN and DENISE L. GARMAN, his wife, DALE LEHMAN, GARY RICKABAUGH, and DONNA RICKABAUGH, his wife, GLENN S. RICKABAUGH and LILLIAN L. RICKABAUGH, his wife, Plaintiffs V. EARL E. GAYMAN and KATHLEEN M. GAYMAN, his wife, PAULA. COHICK and JOANN H. COHICK, his wife, SAMUEL R. CUNNINGHAM, JR., and TAMELA A. CUNNINGHAM, his wife, WILLIAM D. MOORE, Jr. and TAMMY S. MOORE, his wife, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-058 CIVIL ACTION-QUIET TITLE CA) ° o >C: w o? -c CM NOTICE TO PLEAD You are hereby notified that you have twenty (20) days in which to plead to the enclosed Answer To Complaint With New Matter or a Default Judgment may be entered against you. BARIC SCHERER LLC Mic el A. Scherer, Esquire Date: November 2, 2011 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 BRIAN L. GARMAN and DENISE L. GARMAN, his wife, DALE LEHMAN, GARY RICKABAUGH, and DONNA RICKABAUGH, his wife, GLENN S. RICKABAUGH and LILLIAN L. RICKABAUGH, his wife, Plaintiffs V. EARL E. GAYMAN and KATHLEEN M. CAYMAN, his wife, PAULA. COHICK and JOANN H. COHICK, his wife, MICHAEL EDDY and JULIE EDDY, his wife, WILLIAM D. MOORE, JR. and TAMMY S. MOORE, his wife, FRED J.H. KLAGES and NANCY L. KLAGES, his wife and ALAN V. WALTERS, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-058 CIVIL ACTION-QUIET TITLE ANSWER TO COMPLAINT WITH NEW MATTER AND NOW, comes Earl E. Gayman and Kathleen M. Gayman, by and through their attorney, Michael A. Scherer, Esquire, and respectfully Answer the Second Amended Complaint as follows: 1. - 8. Admitted. 9. Denied. The Klages' have sold their property located at 1 Owl Lane, Newville, Pennsylvania. 10. - 17. Admitted. 18. Admitted, however, this parcel has been sold by the Klages' to a third party. 19. -21. Admitted. 22. Denied. Rickabaugh's land borders landed owned by the Commonwealth of Pennsylvania, not land owned by Garman. 23. Admitted. 24. Denied. Cunninghams are no longer Defendants in this litigation and Gayman's land is not adjacent or contiguous to land of Cunningham. 25.-26. Admitted. 27. Denied. Klages no longer owns a parcel of land along Owl Lane. 28. Admitted. 29. Denied. The primary means of ingress and egress to the land of Garman and Lehman is lands of Clouse and Greiss at a location West of Owl Lane. 30. Denied. The predecessors of Garman and Lehman did not use Owl Lane for a period in excess of 21 years as ingress and egress to their property. 31. Admitted in part and denied in part. Admitted that Gayman told Garman and Lehman that they were not permitted to use Owl Lane in 2002. Denied that there had been decades of use of Owl Lane by Garman and Lehmans' predecessors. The remainder of the allegations in paragraph 31 of the Second Amended Complaint are legal conclusions. 32. -35. Denied. The allegations in paragraphs 32 through 35 of the Plaintiffs' Second Amended Complaint are legal conclusions to which no response is required. NEW MATTER 36. Defendant Gaymans' land constitutes unenclosed woodlands. 37. The portion of Defendants' land where Plaintiffs claim a right to use Owl Lane constitutes unenclosed woodlands. 38. Pursuant to 68 P.S. section 411, Plaintiffs may not assert a prescriptive easement over Defendant Gaymans' land. 39. Plaintiffs and their predecessors in title have used a variety of alternate means of ingress and egress to access their property from State Route 944 which does not require Plaintiffs to use Owl Lane. 40. In or about 2002, Garman and Lehman, prior to their purchase of the real estate at issue in this case, requested that Earl Gayman grant them a right of way over Owl Lane so that they could access the real estate in question that they intended to purchase from Clouse. Gayman refused, and Garman and Lehman nevertheless purchased the real estate in question from Clouse. WHEREFORE, Defendants Gayman respectfully request that this Honorable Court dismiss Plaintiffs' Second Amended Complaint. Respectfully submitted, BARIC SCHERER LLC 4?N ?A / M hae A. Sc erer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION The statements in the foregoing Answer To Complaint With New Matter are based upon information which has been assembled by our attorney in this litigation. The language of the statements is not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. DATE: Earl E. Gay n Kathleen M. Gayman 17 CERTIFICATE OF SERVICE hereby certify that on November 3, 2011, I, Jennifer S. Lindsay, secretary at Baric Scherer LLC, did serve a copy of the Answer To Complaint With New Matter, by first class U.S. mail, postage prepaid, to the parties listed below, as follows: Marcus A. McKnight, III, Esquire Irwin & McKnight, P.C. 60 West Pomfret Street Carlisle, Pennsylvania 17013 Richard L. Webber, Jr, Esquire Weigle & Associates, P.C. 126 East King Street Shippensburg, Pennsylvania 17257 Michael and Julie Eddy William D. and Tammy S. Moore, Jr. 54 Owl Lane 44 Owl Lane Newville, Pennsylvania 1724 Newville, Pennsylvania 17241 Alan Walters 595 Silver Spring Road Mechanicsburg, Pennsylvania 17055 44* ? ??I^ 0 J if indsay 1 BRIAN L.GARMAN and : IN THE COURT OF COMMON PLEAS OF DENISE L. GARMAN,his wife, : CUMBERLAND COUNTY,PENNSYLVANIA DALE LEHMAN,GARY RICKABAUGH And DONNA RICKABAUGH,his wife, GLENN S.RICKABAUGH and LILLIAN L.RICKABAUGH,his wife, - Plaintiffs . NO.2003-058 - , Z3 V. EARL E.GAYMAN and rte- - '� KATHLEEN M.GAYMAN,his wife, c ' PAUL A.COHICK and JOANN H. � Ci--4- -7 COHICK,his wife,SAMUEL R. _-Z Cil -,-, CUNNINGHAM,JR.,and TAMELA A. = r\) C:' CUNNINGHAM,his wife,WILLMM D. MOORE,JR.and TAMMY S.MOORE, His wife, Defendants. CIVIL ACTION-QUIET TITLE ANSWER TO NEW MATTER AND NOW, this 16th day of July 2013, comes the Plaintiffs, BRIAN L. GARMAN and DENISE L. GARMAN, by and through their attorneys, Irwin & McKnight, P.C., and makes the following Answer to New Matter against the Defendants, EARL- E. GAYMAN and KATHLEEN M. CAYMAN, as follows: 36. The Averments of Fact contained in Paragraph Thirty-Six (36) of the Defendants' New Matter are conclusions of law to which no answer is required. They are therefore denied. 37. The Averments of Fact contained in Paragraph Thirty-Seven(37)of the Defendants' New Matter are conclusions of law to which no answer is required. They are therefore denied. 38. The Averments of Fact contained in Paragraph Thirty-Eight(38) of the Defendant's New Matter are conclusions of law to which no answer is required. They are therefore denied. 39. The Averments of Fact contained in Paragraph Thirty-Nine(3 9)of the Defendants' New Matter are specifically denied. On the contrary, the Plaintiffs do not have as a matter of right access to their land on except through the Defendants land. 40. The Averments of Fact contained in Paragraph Forty (40) of the Defendants' New Matter are specifically denied. On the contrary, the Plaintiffs, Brian L. Garman, Denise L. Garman, and Dale Lehman purchased the access enjoyed by the Clouses. The Plaintiffs seek to obtain the rights enjoyed by their predecessors in title. WHEREFORE, the Plaintiffs, Brian L. Garman and Denise L. Garman, request that the Court enter judgment in their favor and confirm the existing right-of-way through the Clouse property. Respectfully submitted, IRWIN& M IGHT, C. By: Marcus . McKni t,III, uire Supreme Court I.D. #25476 60 West Pomfret Stree Carlisle,PA 17013 (717) 249-2353 Attorney for the Plaintiffs Brian L. Garman and Denise L. Garman Date: July 16, 2013 2 VERIFICATION The foregoing document is based upon information, which has been gathered by our counsel and us in the preparation of this action. We have read the statements made in this document and they are true and correct to the best of our knowledge, information and belief We understand that false statements herein made are subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. BRIAN L. CrAR MAN DENISE L.GARMAN Date: July 16, 2013 BRIAN L.GARMAN and : IN THE COURT OF COMMON PLEAS OF DENISE L. GARMAN,his wife, : CUMBERLAND COUNTY,PENNSYLVANIA DALE LEHMAN,GARY RICKABAUGH And DONNA RICKABAUGH,his wife, GLENN S.RICKABAUGH and LILLIAN L.RICKABAUGH,his wife, Plaintiffs NO.2003-058 V. EARL E.GAYMAN and KATHLEEN M. CAYMAN,his wife, PAUL A.COHICK and JOANN H. COHICK,his wife,SAMUEL R. CUNNINGHAM,JR.,and TAMELA A. CUNNINGHAM,his wife,WILLIAM D. MOORE,JR.and TAMMY S.MOORE, His wife, . Defendants. CIVIL ACTION—QUIET TITLE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Michael A. Scherer Mr. Samuel R.Cunningham,Jr. O'BRIEN BARIC& SCHERER Mrs. Tamela Cunningham 19 West South Street 54 Owl Lane Carlisle, PA 17013 Newville, PA 17241 Mr. Paul A.Cohick Mr. William D. Moore,Jr. Mrs.Joann H. Cohick Ms. Tammy S. Moore 4640 Enola Road 44 Owl Lane Newville, PA 17241 Newville, PA 17241 IRWIN& M IGHT, C. 1 ,3 By: arcus A Mc fight, III, Esqui Supreme Court .D.: 25476 60 West Pomfret et Carlisle, PA 17013 717-249-2353 Attorney for Plaintiffs Brian L. Garman and Denise L. Garman Date: July 19,2013 5 BRIAN L. GARMAN and : IN THE COURT OF COMMON PLEAS OF DENISE L. GARMAN,his wife, : CUMBERLAND COUNTY, PENNSYLVANIA DALE LEHMAN, GARY RICKABAUGH C) And DONNA RICKABAUGH,his wife, GLENN S. RICKABAUGH and LILLIAN 1.11 L. RICKABAUGH, his wife, vo co - rw Plaintiffs : NO. 2003-058 > cz V. . • EARL E. GAYMAN and , KATHLEEN M. GAYMAN, his wife, Tr 9 =r PAUL A. COHICK and JOANN H. { 41.. COHICK, his wife, SAMUEL R. " • CUNNINGHAM,JR.,and TAMELA A. • CUNNINGHAM, his wife, WILLIAM D. • MOORE,JR. and TAMMY S. MOORE, His wife, Defendants. : CIVIL ACTION—QUIET TITLE PETITION OF PLAINTIFFS' BRIAN L. GARMAN,DENISE L. GARMAN AND DALE LEHMAN FOR STATUS CONFERENCE 1. The Plaintiffs instituted suit against defendants on January 6, 2003. 2 The most recent action in this case was an Answer to New Matter filed on July 19, 2013 by the Plaintiffs, Brian L. Garman, Denise L. Garman and Dale Lehman. To date, there has been no further action in this case. 3. The Plaintiffs, Brian L. Garman, Denise L. Garman and Dale Lehman, are requesting a Status Conference be scheduled in this matter in an effort to move this case forward. WHEREFORE, Plaintiffs, Brian L. Garman, Denise L. Garman and Dale Lehman, respectfully request that this Court issue an Order scheduling a Status Conference in this case. IRWIN& / IGHT,P.C. By: OA 4 Marcus A. cKnig '�`uire Supreme ourt I.D.: 25476 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Attorney for Plaintiffs Brian L. Garman, Denise L. Garman and Dale Lehman 2 CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, Pennsylvania, by first class mail, postage prepaid,addressed as follows: Michael A. Scherer O'BRIEN BARIC& SCHERER 19 West South Street Carlisle, PA 17013 Mr. Paul A. Cohick Mrs.Joann H. Cohick 4640 Enola Road Newville, PA 17241 Mr. Samuel R. Cunningham, Jr. Mrs. Tamela Cunningham 54 Owl Lane Newville, PA 17241 Mr. William D. Moore,Jr. Mrs. Tammy S. Moore 44 Owl Lane Newville, PA 17241 IRWIN& Mc IGHT,P.C. By: Marcus A, cKn'• t, III, E ,uire Supreme ourt .D.: 25476 60 West Pomfre Street Carlisle, PA 170 717-249-2353 Attorney for Plaintiffs Brian L. Garman, Denise L. Garman And Dale Lehman Date: February 6, 2014 4 BRIAN L.CARMAN and : IN THE COURT OF COMMON PLEAS OF DENISE L. GARMAN,his wife, : CUMBERLAND COUNTY,PENNSYLVANIA DALE LEHMAN,GARY RICKABAUGH . And DONNA RICKABAUGH,his wife, . GLENN S. RICKABAUGH and LILLIAN L. RICKABAUGH,his wife, Plaintiffs : NO. 2003-058 -T3= -c" ` V. r'`i=~ EARL E. GAYMAN and r- p xl L; KATHLEEN M. GAYMAN,his wife, —4 PAUL A. COHICK and JOANN H. {c COHICK,his wife, SAMUEL R. _c', =�= , CUNNINGHAM,JR., and TAMELA A. r` ;. CUNNINGHAM,his wife,WILLIAM D. , MOORE, JR.and TAMMY S. MOORE, .• His wife, .• Defendants. : CIVIL ACTION—QUIET TITLE ORDER AND NOW, this day of February I , 2014, upon consideration of Petition for a Status Conference in the above captioned case, it is hereby ORDERED that said petition is granted. A Status Conference is hereby scheduled for ) 4q Apti11.. , 2014 at Alb 0.m. in Courtroom # tP , Cumberland County Courthouse, Carlisle, Pennsylvania. B 1- Th/ .s A.Placey J. Comm. Pleas Judge cus A. McKnight, III,Esq. Attorney for Plaintiffs,Brian L. Garman,Denise L. Garman and Dale Lehman A. Scherer,Esq. Attorney for Defendants,Earl E.Gayman and Denise L.Gayman Ir. Paul A. Cohick ......--Nlrs.Joann H. Cohick �Ir. Samuel R. Cunningham,Jr /Mrs. Tamela Cunningham .M-. William D. Moore .....--10.s.Tammy S.Moore ►•� r l L£, a. 1S//q y,! BRIAN L. GARMAN and • IN THE COURT OF COMMON PLEAS OF DENISE L. GARMAN, husband : CUMBERLAND COUNTY, PENNSYLVANIA and wife, and DALE LEHMAN,: THE NINTH JUDICIAL DISTRICT Plaintiffs • v . • • 2003-0058 CIVIL TERM EARL E. GAYMAN and •• CIVIL ACTION - QUIET TITLE KATHLEEN M. GAYMAN, his . wife, PAUL A. COHICK and . JOANN H. COHICK, his wife : SAMUEL R. CUNNINGHAM, JR. . and TAMELA A. CUNNINGHAM, . his wife, WILLIAM D. MOORE: JR., and TAMMY S. MOORE, . his wife Defendants :€ Wd Z- 1061 h I OZ IN RE: STATUS CONFERENCE ORDER OF COURT AND NOW, this 24th day of April, 2014, a status conference was held in the jury deliberation room of Courtroom Number 6. Present on behalf of Plaintiffs was Marcus McKnight, Esquire. Present on behalf of Defendants Gayman was Michael Scherer, Esquire. Present on behalf of Defendants Cohick was Richard L. Webber, Jr., Esquire. There was no one present on behalf of Defendants Cunningham, and Defendants Moore appeared pro se. This case generally involves a north mountain right-of-way over residential land, and it had been brought regarding use of the right-of-way, denominated by the Court for simplicity purposes, as Owl Lane. Plaintiffs and Defendants Cohick have reached an understanding, but that agreement has not been memorialized and filed with the Court. After discussion with all parties present, the following general timelines are given to the parties as an outline in how the case should proceed: 1. Any further notice of claim and answers to the claim shall be filed with the Prothonotary within 45 days of this date. Plaintiff shall send a copy of the second amended complaint to Defendants Moore so they may file an appropriate answer as they deem fit. 2. Thereafter, the parties will be given 90 days to complete any discovery they deem appropriate in this case. 3. Any dispositive motions will be filed within 30 days after the close of discovery. 4. Upon the disposition of any motions filed, or the expiration of 30 days without a motion being filed, any party may request this Court to schedule the nonjury trial, together with a pretrial conference in advance of the trial date. Marcus A. McKnight, III, Esquire 60 West Pomfret Street Carlisle, PA 17013 For Plaintiffs ../‹..Chael A. Scherer, Esquire 19 West South Street Carlisle, PA 17013 For Defendants Gayman ..,..../1-ichard L. Webber, Jr., Esquire 126 East King Street Shippensburg, PA 17257 For Defendants Cohick D. Moore and Tammy S. Moore 44 Owl Lane Newville, PA 17241 Pro se arffue1 R. Cunningham, Jr. and Tamela Cunningham 54 Owl Lane Newville, PA 17241, c2cpt 02.41 -51 /V =D:7,71 : mae C.P.J.