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Annr IIockrnmlth, Itobert M. Means
Margaret M. Loy, .JrAnnettr Taylor
Jeannette Taylor, Marjorir Menns
Martin, Chnlmrn Mrans aOlI
DarhnrR Berkley
NO, 98-4454 CIVil. TERM
Plaintiffs
vs.
Charles M. Chronister, Kim Wenger
and Dorothy L. Wenger,hnsband and wire,
Defendants
NOTICE OF FILING OF REPORT OF VIEWERS
TO: H. Anthony Adams
128 E. King Street
Shippenshurg, PA 17257
Michnel A. Scherer
17 W. Sonth Street
Carlisle, PA 17013
Enclosed herein please find report of Board of View dated December ~~ 0 , 1999 concerning
the premises owned by Plaintiff and Defendants situated in Hopewell Township, Cumberland County,
Pennsylvania. The said report shall b.\tIU ~~ftice of the Prothonotary of the Court of Common
Pleas for Cumberland County on 9c I I ;:> , I ""E}. The report shall become final unless an
appeal therefrom is filed within thirty(30) days from the date the report is filed.
Board of View
William A Duncan, Chairman
Elmer Ritter
~~
6. On or about February I, 1999, 11 Anthony Adams advised in writing that II
compromiscd scttlcment was not rcached and rcquested a new hearing dlltc. A copy of sllid letter is
attaehcd hcrcto.
7. The Board ofVicw served Notice of Hearing on Charles M. Chronister, Kim Wenger,
Dorothy L. Wenger, Defendants, IInd Michael A. Scherer, their Attorney and H. Anthony Adams,
Attorney for the Plaintills, by Certified Mail, Retum Receipt requested dated April 20, 1999. A copy of
Notice of Hearing and the Return receipts therefore are attached hereto.
8. A Hearing was held on May 27,1999 at 1:00 P.M. in the 2nd Floor Hearing Room of
the Old Court House, I Courthouse Square, Carlisle, P A 17013.
FINDING OF FACTS
1. Plaintiffs are the owners of a 67.299 acre tract ofland in Hopewell Township,
Cumberland County, Pennsylvania.
2.
1700's.
Plaintiffs' land has continuously belonged to a member of their family since the late
3. Defendant, Charles M. Chronister, is the owner of a 5.00 acre tract ofland located in
Hopewell Township, Cumberland County, Pennsylvania, purchased in July, 1990 for $3,500.00.
4. Defendant, Kim Wenger and Dorothy L. Wenger, are the owners ofa 10.599 acres tract
of land located in Hopewell Township, Cumberland County, Pennsylvania, purchased in July, 1990 for
$7,420.00.
5. Charles M. Chronister's land is burdened by a visible cart path approximately 300 feet in
length and 12 feet in width.
6. The cart path upon Defendant, Charles M. Chronister's ground has been used by the
owners of the Plaintiffs' land since 1938.
7. Defendants' Kim Wenger and DorothyL. Wenger, ground is burdened by a visible cart
path approximately 100 feet in length and 12 feet in width.
8. The cart path upon Defendants' Kim Wenger and Dorothy L. Wenger, ground has been
used by the owners of the Plaintiffs' land since about 1978.
9. The Defendants all acknowledge that the cart paths were visible at the time they
acquired title to their land.
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I O. Shortly aller purchasing their land, Defendants eonstnleted a Bate across the mentioncd
cart path and later placed a mound of soil in the cnrl pillh to block I'laintil1's' use.
II. Plaintitl's land borders no usablc public road and there is no recorded or grunt cd privalc
right of way to Plaintiffs' ground.
12.
Allthc land herein is uncncloscd woodland.
13.
necessity.
Plaintiffs have no access to their propcrty and a means of ingress and egress is a
14. Therc are other roads in the area, however no roads other than one owned by Norman
Chronister are laid out, opened and acecss plaintiffs' land.
15. Defendant, Charles Chronister, estimated thc value of his loss at $1,000.00.
16. Defcndant, Kim Wenger, estimated the value of his and co-owner's loss at $500.00.
17. Plaintiffs estimated the valuc of the area over which a right of way is requested at
$1,000.00 per acre based upon payment received by them from the Commonwealth of Pennsylvania for
an area of their tract taken in fee simple in 1991. The taking for right of way in this matter would
involve 4800 square feet or 1/6 resulting in a nominal loss.
18. There is no evidence cither by vicw or otherwise of any usable alternatives although
there was testimony of possible routes over lands of Mathna, Swartz and Norm Chronisler.
19. The Defendants main objection to the taking, noises caused by car doors in the parking
(100 yard) area, would not be resolved by an alternate route.
20. There exists no other (except over Norm Chronister) roads on the ground to Plaintiffs'
tract.
21. There is an alternate route by which the entire right of way would cross only on
Defendant, Charles M. Chronister's ground (RW B).
CONCLUSION OF LAW
1.
woodland.
No adverse possession has been nor can be obtained by use since all land is unenclosed
2. The land of Plaintiffs has been landlocked since the construction of the Pennsylvania
Turnpike dissected their land in late 1940.
3. A road is necessary, 36 P.S. Section 2732.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
Anne Uotkenmith, Robert M. Means
Margaret M. Loy, Jeannette Taylor
Jeannette Taylor, Marjorie Means
Mllrtln, Cbalmen Means and
Barbara Berkley
Plaintiffs
VS.
NO.98-4454 CIVIL TERM
.
.
Cbarles M. Cbronister, Kim Wenger
and Dorotby L. Wenger,busband and wife,
Defendants
TO:
R Fred Hefelfinger
247 Baltimore Street
Carlisle, PA 17013
Charles M. Chronister
223 S. Hanover SI.
Carlisle, PA 17013
H. Anthony Adams
Attorney for Plaintiffs
128 E. King Street
Shippensburg, P A 17257
NOTICE OF HEARING
Elmer L, Ritter
712 S. Market Street
Mechanicsburg, P A 17055 .
William A Duncan, Chainnan
1 Irvine Row
Carlisle, PA 17013
Kim Wenger
40 Shuman Road
Newburg, P A 17240
Dorothy L. Wenger
40 Shuman Road.
. Newburg, PA 17240
Michael A. Scherer
Attorney for Defendants
17 W. South Street
Carlisle, PA 17013
NOTICE IS HEREBY GIVEN that the Board of View Hearing for the above captioned case
is scheduled for May 27,1999 at 1:00 P,M. in the 2nd Floor Hearing Room oftbe Old CourtHouse, 1
Courthouse Square, Carlisle, Cumberland County, Pennsylvania.
Should the parties to this proceeding agree to a continuance or reseheduling, you are directed to
notify William A. Duncan, Esquire, immediately.
Certified Mail-RRR
William A. Duncan, Esquire
R. Fred Hefelfinger
Elmer L. Ritter
Board of View
By
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY - PENNSYLVANIA
Anne Hockersmith, Robert M.
Means, Margaret M. Loy,
Jeannette Taylor and
Marjorie Means Martin, and
Chalmers Means and Barbara
Berkley,
Plaintiffs
No. q~. 4451 C~l<.~[t 1(:,'[>1
vs.
CIVIL ACTION - LAW
Charles M. Chronister,
Kim Wenger and Dorothy L.
Wenger, husband and wife,
Defendants
O~R OF COURT
AND NOW, this I)" day of AtA(;us.T , 1998, upon
presentation of the f~ng Petition, after due consideration
thereof, and Motion of H. Anthony Adams, Esquire, Attorney for
Petitioners, Anne Hockersmith, Robert M. Means, Margaret M. Loy,
Jeannette Taylor, M~:;rie ~eans Ma~t 'n, Chalmers Me..ans and Barbara
B e k 1 e . ,7/1 /;.44U. ~Utl..bI ~1~ ,
7 <. ~ <.Lu............ - ,-and - r-Z//;,j/1 ~~ -J - - - - are
hereby app te as Board of View to ~nqu~re into the prayer of
the Petiti n. aid Viewers are directed to view the premises and
determine a proposed private right of way, hold a hearing, make a
plot or draft of the proposed private roadway, and make a report to
this Honorable Court together with their opinion,
,
J.
".,...
IN THE COURT OF COMMON PI,EAS
OF CUMBERLAND COUNTY - PENNSYLVANIA
Anne Hockersmith, Robert M.
Means, Margaret M. Loy,
Jeannette Taylor and
Marjorie Means Martin, and
Chalmers Means and Barbara
Berkley,
Plaintiffs
No. q<;s.. '-ILl 5"-/ eel..J,; ';;'1/1)
:
vs.
CIVIL ACTION - LAW
Charles M. Chronister,
Kim Wenger and Dorothy L.
Wenger, husband and wife,
Defendants
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 ANY OTHER CLAIM FOR RELIEF
REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR
OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)-249-3166
" 'J_':"
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY - PENNSYLVANIA
Anne Hockersmith, Robert M.
Means, Margaret M. Loy,
Jeannette Taylor and
Marjorie Means Martin, and
Chalmers Means and Barbara
Berkley,
Plaintiffs
No. !j' f - 'j'j I' 'I Gu.'.-f '-T.;<,,,~
vs.
CIVIL ACTION - LAW
Charles M. Chronister,
Kim Wenger and Dorothy L.
Wenger, husband and wife,
Defendants
PETITION TO OPEN A PRIVATE ROAD
TO THE HONORABLE JUDGES OF THE SAID COURT:
AND NOW, comes Anne Hockersmith, Robert M. Means, Margaret M.
Loy, Jeanette Taylor, Marjorie Means Martin, Chalmers Means and
Barbara Berkley by and through their counsel, H. Anthony Adams, and
represent the following:
1.
Plaintiffs are adult individuals and the owners of a parcel of
ground in Hopewell Township, Cumberland County, pennsylvania.
2,
Defendant is Charles M. Chronister, an adult individual, of
204 North Hanover Street, Carlisle, Pennsylvania.
3.
Defendants are Kim Wenger and
individuals, husband and wife, of
Pennsylvania.
Dorothy L. wenger, adult
40 Shuman Road, Newburg,
4.
Defendant, Charles M, Chronister is the owner of 5 acres of
ground adjacent to Plaintiff as per Deed Book "R, Volume 34 at Page
878, a copy of which is attached hereto.
- '<'(.:,"-':.~
5.
Defendants, Kim Wenger and Dorothy L. Wenger, are the owners
of 10.599 acres of ground adjacent to Plaintiff as per Deed Book
"R", Volume 34 at Page 966, a copy of which is attached hereto.
6,
Plaintiffs acquired their interest in the land owned by them
by intestate succession. The first family interest was acquired in
the Mid 1800's. A deed from their mother's estate was filed of
record in 1981, a copy of which is attached.
7,
The land of Petitioners above described does not front nor
touch, on any side thereof, any public highway or public road that
could be used.
8.
The Defendants have blocked an open and visible roadway by
installing a gate across the land and by further blocking the lane
with mounds of dirt making the road unusable.
9.
A roadway and/or right of way over the property of Defendants
is the only means of ingress, egress and regress from your
Petitioners' premises to an open road and is, therefore, a strict
necessity.
10.
From the year 1938 the Plaintiffs and/or their predecessors
have enjoyed free access and uninterrupted use of a right of way
over Defendants' lar.d of a dirt lane approximately 15 feet in
width,
11.
The Plaintiffs have, during most of their lives, had access to
the land of their ancestors over the mentioned road.
12.
The said road was in an open and visible use by the Plaintiffs
at the time the Defendants purchased their properties.
13.
The Defendants have refused severally and jointly to allow
Plaintiffs access to their land and have installed a gate across
the land and piled dirt on the road making the road impassable.
14.
There exists no public road from a declared right of way to
the lands of Plaintiffs.
15.
without usage of the 60 year old right of way Plaintiffs' land
is landlocked.
16.
Your Petitioners and Defendants have been unable to agree upon
the just compensation to be paid by your Petitioners for the
privilege of transversing the Defendants' property.
17.
The acts of June 13, 1836, P.L. 551, Section 11, April 4,
1901, PL.L 65, No. 32, 31; April 28, 1927, P.L. 485, Section 1 (36
P.S. Section 2731) authorizes your Honorable Court, upon
presentati.ons of a petition from one or more persons, associations,
partnerships, stock companies, or corporations, for a road from
their respective lands or leaseholds to a highway, to direct that
a view be had of the place where such road is requested and a
report made thereof.
18.
The Act of May 8, 1889, P,L. 129 Section 1 (36 P.S. Section
2641), provides that in all proceedings to layout a public or
private road, the viewers shall consist of three fair, jUdicious
and impartial persons, one of whom shall be a surveyor.
19.
The Act of June 13, 1836, P.L. 551, Section 12 (36 P.S.
Section 2732), provides that if it shall appear by the report of
viewers to the Court directing the view, that such road is
necessary, the said Court shall direct what breadth the road so
reported shall be opened, and the proceedings in such case shall be
entered on record and thence-forth such road shall be deemed and
taken to be a lawful private road.
20.
Your Petitioners aver that by virtue of the above-referenced
Acts, they are entitled to petition your Honorable Court for the
appointment of a Board of View to view the premises and make a
report to the Court and that if it appears to your Honorable Court
that said road is necessary, to have said road opened as a private
road for the uninterrupted use of your Petitioners and their
successors in title for ingress, egress and regress to the premises
from a public highway or place of necessary resort.
.
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ATTO"'H" AT LAW
P. O. .0:( r
..U"ltH.8UiltO. ,.10 17.117
T B I 8 D B B D
II this ,:)0 ~ day ot ~. t.;, in the year nineteen hundred
and ninety (1990). --a ~
BETWEEN Sandra J. Spoonhour, tormerly Sandra J. Myers, and Sandra
J. Saphore, ot 2720 Black Gap Road, Chambersburg, Pennsylvania,
Grantor,
AND Kim wenger and Dorothy L. Wenger, his wite, ot R. D. 1,
Newburg, pennsylvania, Grantees.
iWITNE'88ETH that in consideration of the sum of SEVEN THOUSAND FOUR
HUNDRED TWENT'i DOLLARS ($7,420.00), in hand paid, the receipt
whereot is hereby acknowledged, the eaid Grantor does grant and
convey in fee simple to said Grantees, their heirs and assigns,
ALL that certain tract or parcel of land situate in the Township
of Hopewell, Cumberland County, Pennsylvania, being ParcelS, Lot
No.7, bounded and described as follows, to wit:
BEGINNING at am iron pin at corner common to Lot Nos. 1, 4, 6, and
7 on a Plan of Lots of Sandra Spoonhour, said plan being attached
hereto; thence by said Lot 110. 4, South 50 degrees, 17 minutes,
East 815.00 feet to a post in line of lande now or formerly of
Means, Taylor, et al; thence by said lands of Means, Taylor, et
al, South 73 degrees, 45 minutes, East 924.00 feet to a post at
corner of lands about to be conveyed to Charles Chronister; thence
by said lands of Chronister, North 52 degrees,'West 321.75 feet to
la post at corner of lands now or formerly of Kenneth 1le; thence
by a public road and lands of 1le, the following courses and
distances; South 87 degrees, 04 minutes, 46 seconds, East 80.39
feet; South 79 degrees, 31 minutes, 30 seconds, East 76.28 feet;
North 85 degrees, 06 minutes, 55 seconds, East 95,32 feet; North
72 degrees, 14 minutes, 30 seconds , East 65.22 feet; North 64
degrees, 02 minutes, 14 seconds, East 118.66 feet; North 52
degrees, 01 minute, 04 seconds, East 84.01 feet; North 57 degrees,
31 minutes, 27 seconds, East 118.36 feet; North 66 degrees, 21
minutes, 59 seconds, East 238.16 feet; North 58 degrees, 34
minutes, 00 seconds, East 105.60 feet to an iron pin, the place of
BEGINNING.
CONTAINING 10.599 acres.
BEING A PART OF THE SAME REAL ESTATE WHICH Ruth C. Myers by deed
dated January 2, 1976 and recorded in the office of the Recorder
of Deeds in and for Cumberland County, Pennsylvania, in Deed 'Book
"K", Volume 26, Page 133, granted and conveyed to Ruth C. Myers,
single woman and Sandra J. Myers, now Sandra J. spoonhour', as
joint tenants with the right of surviv9rship. Ruth C. Myers,died
BO'O~ R 34 I".'.~ 966 .
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of &.do in hi:l1her of!ici4J. CUlItcxly ADd to in&ox the __ in tha __ of
aa-t H. Molo.M, MlIx9aret Jean Loj, JIlMt Taylor, Mu:jarle~, CM.J.mera
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Cum~rlJnd County
I do hereby certify that the correct Post Office Mdress for the above
rerned Grantees is, in care of Anne M. Hockersmith, 129 West Kio:l Street,
shiwensl:urg, Pennsylvania 17257.
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CASE NO: 1998-04454 r
COMMONWEALTII OF PENtl!:m..Vo\1i I (,:
COUNTY OF CUMBERLAND
fl DC K ERS ~11 'T:1L~1:m!;.Y;I-_II.!,_.__._.............
VS.
CHROtIISTER CHARLES M ..LL M,-..___
DAWN KELL . Sheriff or [IOflllly Sher'iff of
CUMBERLAND County, Pennsylvania, who being duly sworn according
to law, says, the within ORt;>.ER OF COURT,.-1!.9.J~~J;_.l""._.___...."_____.___ was fierved
upon CHRONISTER CHARLES M
defendant, at _19:47 HOURS, on the ~lst day of 9.f?ill'mbc',"
19;ill. at
223 S HANOVER STREET
CARLISLE, PA 17013
,CUMBERLAND
County, Pennsylvania, by handing to CHARLES ~1. CHRQlUSTE_R
a true and attested copy of the ORDER OF COURT, NOTICE &
together with PETITION
and at the same tirne directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So ans?~rrJ<~
H. I homas i\l~ne. Sher~.!.:t
18.00
3. 10
.00
5.00
S2/. 10 H. ANTHONY ADAMS
09/24/1998
~
by
c;Ja..W"1'\ i
Deputy 5her~:t1
Sworn and SUbscribe:1. 0 before
I.L _ I
this J'f" day of "fULW'~
19 (I r A. D.
me
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rot '*ono ary
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the
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9. Denied, Plaintiffs have ingress, egress and regress from their property to
an open road over a road which exists on the lands of Stanley Mathna, whose property
is localed contiguous to Charles Chronister's land on the west side. By way of further
Answer, after reasonable invesligation, Defendanls are without knowledge or
information sufficient to form a belief as to the truth of the allegations in paragraph 9 of
the Plaintiffs' Petition.
10. Denied. Defendants believe and lherefor aver that the road in question
was laid out in approximately 1970 when Plaintiffs' sought and received permission
from the prior owner of lhe Defendants' lands 10 layout such a road for purposes of
ingress and egress for logging trucks to reach Plaintiffs' lands.
11. Denied. After reasonable investigation, Defendants are without
knowledge or information sufficient to form a belief as to the truth of the allegations in
paragraph 11 of the Plaintiffs' Petition.
12. Denied. The road was open and it existed but Plaintiffs did not use the
road for regular ingress and egress to their property untillhe Defendants gave the
Plaintiffs permission to do so.
13. Admitted.
14. Denied. After reasonable investigation, Defendants are withoul
knowledge or information sufficient to form a belief as to the truth of the allegations in
paragraph 14 of the Plaintiffs' Petition.
15. Denied, A roadway exisls from lhe Plaintiffs' land across the lands of
Stanley Mathna to an open roadway. By way of further answer, after reasonable
invesligation, Defendanls are wilhout knowledge or information sufficient 10 form a
belief as to the lruth of the allegations in paragraph 10 of the Plaintiffs' Petition.
16. - 20. Admitted,
NEW MATTER
21. At the time the Defendants' purchased their tracts of ground, they allowed
Plainliffs to use the roadway for access 10 Plaintiffs' lands although no right existed for
Plaintiffs to use said road.
22. At the time the Defendants' purchased their tracts of ground, they
installed posts at lhe end of the road with a wire gate and lock attached thereto, and
they distributed keys to the Plaintiffs so that Plaintiffs could use the roadway.
23. Plaintiffs thereafter copied the keys and distributed them to many people,
including non-owners of the Plaintiffs' lands, and many people began using the
roadway who were not permitted to do so by Defendants.
24. The people who used the road without Defendants' permission were
discourteous, loud and disrespectful to Defendants and interfered with Defendants' use
and enjoyment of their property, which primarily involves hunting.
25. Defendants believe and therefor aver that Plaintiffs are not in need of a
private road across Defendants' lands.
.,
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II 26. If the Board of View recommends a private roadway should bo laid out
!I
, across the lands of the Defendants, the Defendanls are entitled to fair componsation
for damages pursuant 1036 P.S. section 2736 prior to lhe opening of the roadway
27. If the Board of View recommends a private roadway should bo loid out
across lhe lands of the Defendants, the Board of View should recommend lI10t gatos bo
installed 10 limit access to the lands of Plainliffs to actual owners of Plaintiffs' lands
pursuant to 36 P.S. seclions 2733 and 2734.
28. If the Board of View recommends a private roadway should be laid out
across the lands of the Defendants, Plaintiffs should be ordered to maintain the private
roadway pursuant to 36 P.S. section 2735.
29. If the Board of View recommends a private roadway should be laid out
across the lands of the Defendants, the Board should recommend lhal the right of use
of lhe private road is personal to the Plainliffs and that the right to use such roadway
does not convey with the land to any subsequent owners of Plaintiffs lands.
WHEREFORE, Defendants respectfully request that Plainliffs' request for a
private road across the lands of the Defendants be denied.
Respectfully submilled,
O'BRIEN, BARIC & SCHERER
Nf1oI",^~ z{' /""18
,
Jt/;vffiUc -
Michael A. Scherer, Esquire
17 W. South Streel
Carlisle, PA 17013
(717) 249-6873
I.D, # 61974
Allorney for the Defendants
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II Plaintiffs' Petition To A Open Private Road are true and correct. I understand lhat
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VERIFICATION
We verify that the slatements made in the foregoing Defendants Answer To
false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904,
relaling to unsworn falsification to authorities.
DATE: // -.,)..j- 9 f
~~flY&-- c-:-
I Charles M. Chronister
DATE: / / ,.,2-3 . 7 Y
7~ Vc
Kim wen~
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CERTIFICATE OF SERVICI;
I hereby certify that on November .?V) ,1998, I, Jennifer S. Lindsay, secretary to
Michael A. Scherer, did serve a copy of the Defendants Answer To Plaintiffs' Petilion To
Open A Private Road, by first class U.S. mail, postage prepaid, to the party listed below,
as follows:
H. Anthony Adams, Esquire
128 East King Street, Suite A
Shippensburg, Pennsylvania 17257