HomeMy WebLinkAbout99-03781?I
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OMMONINEALTN OF PENNSYLVANIA
COURT OF COMMON PLEAS
Cumberland County
JUDICIAL DISTRICT
FROM
DISTRICT JUSTICE JUDGMENT
COMMON PLEAS No. 99- C ivil Te,xnl
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice
on the date and in the case mentioned below.
Melvin Beam, AVHK and Anna M. Beam
481 Shippensburg Rd. Shippensburr, PA 17257
5/28/99 I Hopewell TWp. i' RPnm M? wnea M Beam
TA 19 CV-0000270-99
LT 19?,
This block will be signed ONLY when this notation is required under Pa.
R.C.P.J.P. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as
a SUPERSEDEAS to the judgment for possession in this case.
or
NOTICE OF APPEAL
as
Lee A. Stivale, Esq.
If appellant was Claimant (see Pa. R.C.P.J.P.
No. 1001(6) in action before District Justice, he
MUST FILE A COMPLAINT within twenty (20)
days after filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon
Hopewell
Name of appe/fee(s)
(Common Pleas No. 99--37fr/ Civil Term l within twenty (20) days after
nxxxxxxxaINIXXXIEYOI . -___z
RULE: To Hopewell Township appellees)
Name of appellee(s)
or his attorney
(1) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a complaint within this time, a JUDGMENT OF NON PROS WILL BE ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailin
Date: June 22. 19 99,
-, appe_llee(s),ta file a complaint in this appeal
of rup. or suffer entry of judgment of non pros.
AOPC ats.es COURT FILE TO BE FILED WITH PROTHONOTARY
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COMMONWEALTH OF PENNSYLVANIA
COUNTY np. CUMBERLAND
09-2-01
DJ Name: Hon.
PAULA P. CORREAL
Addl063: EAST WING - COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA
Te?ephene(717) 240-6564 17013-0000
ATTORNEY DEF PRIVATE :
LEE A. STIVALE
1489 BALTIMORE PIKE
SUITE 301
SPRINGFIELD, PA 19064
NOTICE OF JUDGMENT/TRANSCRIPT
CIVIL CASE
PLAINTIFF:
NAME and ADDRESS
'HOPEWELL TOWNSHIP
1
257 NEWBURG ROAD
NEWBDRG, PA 17240
L
VS.
DEFENDANT: NAME and ADDRESS
'BE
AM, MELVIN S., ET AL.
481 SHIPPENSBDRG
ROAD
LSHIPPENSBURG, PA 17257
J
DocketNo.: CV-0000270-99
Date Filed: 7/02/98
THIS IS TO NOTIFY YOU THAT:
Judgment: FOR PT.AIN aIF?___
?X Judgment was entered for: (Name) TTnpxwgT.T. Pnwu RTp
7 Judgment was entered against: (Name) REAM ANNA m
in the amount of $ 2,qq1 qS on:
? Defendants are jointly and severally liable.
(Date of Judgment) r;/2A/qq
(Date & Time)
F] Damages will be assessed on:
? This case dismissed without prejudice.
Amount of Judgment Subject to
Attachment/Act 5 of 1996 $
? Levy is stayed for days or ? generally stayed.
? Objection to levy has been filed and hearing will be held:
Date: Place:
Time:
ANY PARTY HAS THE RIGHT TO APPEAL WITHIN 30 DAYS AFTER THE ENTRY OPOUDGMENT BY FILING A NOTICE
OF APPEAL WITH THE HOWGIAR MUST INCLUDE A COPYROT QF-fH S N CYE OLF R4T?RANT CIVIL qll`-?OMMON PLEAS, DIVISION.
RI FORM WITH YOUR NOTICE OF APPEAL.
Date . District Justice
I certify that this is a tr e d orr ct co y o th re the pro a ings containing the judgment.
Date , District Justice
Amount of Judgment $ 500.00
Judgment Costs $ 78.45
Interest on Judgment $
0
.0
Attorney Fees $ 2,413.00
Total $ 2,991.45
Post ;-! 1_ ment Credits $
Post Judgment Costs $
Certified Judgment Total --
$ ----------
My commission expires first Monday of January, 2000 SEAL
AOPC 315-99
... . . i i,
Z 399 191 1L9
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
n....nr .- In. lmnmeennel \Iea /Cna mvoic0l
.ta. 09-3-01
8 Number
rr Walnut Bottom
P?? ppenAurg, PA 17257
Postage i s
Cued Fee
Special Delivery Fee
Rosiricted Delivery Fee
Return Receipt Snowing to
MOji-Delivered
ReCA(pl9'awg gNdvn,
Dadh Addesseds AdM1dss
s
TOTAL Postage 8 Few
Data
Poslma -W Date
N
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8
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Z 399 191 ]18
US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
r1....nr um Inr Inlnmalinml 10ail Itz. lPVF6HI
Sent to
Ho ewell Tw .
Street 8 Number
257 Newburg RD.
Post Mice, State, 8 ZIP Code
NpwhUrg. kA 7240
Postage $ .33
Certified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Receipt Showing to
Whom S Date Detivemd
Rehm Rxeipt Strung I0Whnm.
Date, 80ddressee'sANess
TOTAL Postage B Fees $
Postmark or Date
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PROOF OF SERVICE OF NOTICE OF APPEAL AND RULE TO FILE COMPLAINT
(This proof of servicr. MUST BE FILED WITHIN FIVE (5) DAYS AITE II fdaig tho noricr.• ul upp!sll Chock applicable boxes)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF Lam' L?Y.C)E! _ ; ss
AFFIDAVIT: I hereby swear or Afoot that I served p.
a copy of the Notice of Appeal , Commor-nPPleas Noc. Mia_L, upon tile 1) uwl Justice designated therein on
(datr of service)7
_.- ?, ? by ser'''vice by Icertehedl Ue gistere:d) mail, sender's
receipt'nt'lOwd 1w, uto, amltqron the appellee. (n:unv) ?)?.. on
??? by personal evnn: J?( bJ (rr,btwd) heepseew, in.ul, sender s receipt attached hereto.
11/1 and further that I served the Rule to File a Cumplamt acco topdnym9 the ab( vr. Notice of Ap a upon the appelleels) to
whom the Rule was addressed on__.. Z-wonal scrwcehy rtified) Ire9isteeedl
mail, sender's receipt attached hereto.
SWORN `(AFFIRMED) AND SUBSCRIBED BEFOREME
THIS r DAY OF 19_ -1
//
LGZ v v e f 6 ?K,c'?a Signature of alliant
Si9narure o{o 6et ort• wluvrr .Jhunvrt w,ia rn.u/c
Title of of official
Ci
My commission expires on ?? - - '
gr aliw MAUWnon plla lE naNearlnsyNarna W Notaries
EALTN OF PENNSYLVANIA
COURT OF COMMON PLEAS
Cnmberbind County
JUDICIAL DISTRICT
NOTICE'OF APPEAL
FROM
DISTRICT JUSTICE JUDGMENT
COMMONPLEASN.. 99- 72761 C ivil Text
NOTICE OF APPEAL
Notice is given that the appellant has filed in the above Court of Common Pleas an appeal from the judgment rendered by the District Justice
on the date and in the case mentioned below.
_Me1Hn Beam, MIK and Anna M. Beam I
• cn• .1.1. .4I coo{
481 Sbippensburg Bd. Sbippeneburg. PA 17257
O.1{ OI 1......1 IX tX. C..{ OI Qod _ eArlill• Beam
5128/99 BopeweB Twp• / - Beam. Malvinas &.,el,micn
TA 19 CV-9000270-98
LT 19 l;
This block will be signed ONLY when this notation is required under Pa.
R.C.P.J.P. No. 10088.
This Notice of Appeal, when received by the District Justice, will operate as
a SUPERSEDEAS to the judgment for possession in this case.
Signature of Prothonotary or Deputy
Lee A. 8dide. Esq.
If appellant was Claimant (see Pa. R.C.P.J.P.
No. 10010 in action before District Justice, he
MUST FILE A COMPLAINT within twenty (20)
days after filing his NOTICE of APPEAL.
PRAECIPE TO ENTER RULE TO FILE COMPLAINT AND RULE TO FILE
(This section of form to be used ONLY when appellant was DEFENDANT (see Pa. R.C.P.J.P. No. 1001(7) in action before District Justice.
IF NOT USED, detach from copy of notice of appeal to be served upon appellee).
PRAECIPE: To Prothonotary
Enter rule upon Bopewe8 Townabip a
le a
p L Complaint in this appeal
Name of appellee(s)
99- 2?,fl Civil Term
(Common Pleas No. 1 within twenty 1201 days after ervice of r or softer entry of judgment of non pros.
Wgrunffreo/appe/rant or his attorney or agent
RULE: To Hopewe8 Totf+rneMp , appelleels)
Name of appellee(s)
0 ) You are notified that a rule is hereby entered upon you to file a complaint in this appeal within twenty (20) days after the date of
service of this rule upon you by personal service or by certified or registered mail.
(2) If you do not file a 'complaint within this time, a JUDGMENT OF NON PR98WILL BE'ENTERED AGAINST YOU.
(3) The date of service of this rule if service was by mail is the date of mailing. ^ f
Date: June 22. , 1999. :.. ?f; a C P
Sgnewro of Prot otery or Deputy
AOPC 312-84 ! I L I'
HOPEWELL TOWNSHIP BOARD
OF SUPERVISORS,
Plaintiff
vs
MELVIN S. BEAM and
ANNA M. BEAM,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY
: CIVIL ACTION - LAW
NUMBER: 99- 3751 CIVIL TERM
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within TWENTY (20) DAYS after this Complaint and
Notice are served, by entering a written appearance personally or by attorney and filing in writing
with the Court your defenses or objections to the claims set forth against you. You are warned
that if you fail to do so the case may proceed without you and a judgment may be entered against
you by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the Plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, 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
c9.uyef.9Y.,.?,.
o JLV nm
By. F91ki wJ. W?er
Attorney f Plaintiff
701 E. King Street
Shippensburg, PA 17257
(sn) ss:-XV
?I
I;
HOPEWELL TOWNSHIP BOARD
OF SUPERVISORS,
Plaintiff
vs
MELVIN S. BEAM and
ANNA M. BEAM,
Defendants
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY
: CIVIL ACTION -LAW
: NUMBER: 99- 378/ CIVIL TERM
COMES NOW, the Plaintiff, Hopewell Township Board of Supervisors, by and through
their counsel, Sally J. Winder, Esquire, and does represent as follows:
Plaintiff, Hopewell Township Board of Supervisors, is a duly constituted and
elected Board of Supervisors of a properly constituted and existing township of the second class
as defined in the Second Class Township Code Act of May 1, 1993 (P.L. 103 Number 69)
reenacted and amended November 9, 1995, (P.L. 350 Number 60) as amended, having a principal
place of business at 257 Newburg Road, Newburg, Hopewell Township, Cumberland County,
Pennsylvania 17240.
2, Defendants, Melvin S. Beam and Anna M. Beam, husband and wife, are adult
individuals residing at 481 Shippensburg Road, Shippensburg, Hopewell Township, Cumberland
County, Pennsylvania 17257.
The Defendants, Melvin S. Beam and Anna M. Beam (hereinafter the "Beams")
were deed title owners of a farm property with improvements erected thereon, known and
I„
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numbered as 401
Shippensburg Road, Shippensburg, Pennsylvania, lying and being situate in
Hopewell Township, Cumberland County, Pennsylvania at all times relevant to this Complaint.
4, The property known and numbered as Lot No. 4, 401 Shippensburg Road,
Shippensburg, Hopewell Township, Pennsylvania lies in the Agricultural Zone of Hopewell
Township.
5. Private airports and airplane landing strips are not permitted uses in the
Agricultural District under the terms of Hopewell Township Zoning Ordinance, Article 4.
6. On or about May or June, 1997, and continuing during the summer months of
1997, and continuing during the summer months of 1997, the Beams constructed or permitted to
be constructed and installed upon the property known and numbered as 401 Shippensburg Road,
Shippensburg, Hopewell Township, Cumberland County, Pennsylvania, an airplane landing strip
and private airport.
Initial construction and installation of the private airport and landing strip occurred
at a time when Melvin S. Beam and Anna M. Beam, husband and wife, were record owners of the
property known as 401 Shippensburg Road, Shippensburg, Pennsylvania, and while they occupied
and were in control of the said property.
8. Prior to making of a Deed dated August 15, 1997, and recorded September 23,
1997, purporting to transfer the premises known as 401 Shippensburg Road, Shippensburg,
Pennsylvania, to Meadowland Holdings, and continuing for a period of time after the recording
'I
of said Deed, a copy of which is marked Exhibit "A", and attached hereto, incorporated herein by
i
i reference, Defendants, Melvin S. Beam and Anna M. Beam, continued to have exclusive
possession and control of the real estate known as 401 Shippensburg Road, Shippensburg,
it
i Hopewell Township, Cumberland County, Pennsylvania, at which time said premises were used as
an airplane landing strip and private airport.
9. Under the Hopewell Township Zoning Ordinance, enacted April 1, 1991, and as
amended, April 20, 1998, a zoning permit is required prior to the change in use of a structure or
tract of land.
10. Prior to the Summer of 1997, the subject premises were never used for an airplane
landing strip or private airport.
11. Defendants, Melvin S. Beam and Anna M. Beam, constructed, or allowed to be
constructed, upon their property improvements to the airplane landing strip which facilitate take.
off and landing.
12. Defendants have used, or allowed the use of, the premises as an airplane landing
strip and private airport on a frequent basis including the storage of aircraft from August 1997
until they no longer occupied the property at 401 Shippensburg Road, Shippensburg, Hopewell
Township, Cumberland County, Pennsylvania, sometime in the late fall 1997.
13. Neither Melvin S. Beam nor Anna M. Beam or any agent or representative of them
applied for, or obtained, a zoning permit as required prior to the construction of the private
ii
airport and landing strip and change of the use of that land from agricultural land to airport and
landing strip use.
it
14. A Zoning violation Enforcement Notice was served upon Defendants September
16, 1997. A copy of that notice is attached hereto, marked Exhibit "B," and incorporated by
reference.
15. No appeal of the Enforcement Notice was filed with the Zoning Hearing Board of
Hopewell Township.
16. Pursuant to the terms of the Hopewell Township Subdivision and Land
Development Ordinance, enacted June 1991, no grading, excavating, change in contours, removal
or destruction of topsoil, trees, or vegetative cover may be commenced unless and until a land
development plan has been approved by the Board of Supervisors and recorded.
17. No plan for land development was ever submitted to Hopewell Township by
Defendants, thus no approval for land development has ever been granted for an airplane landing
strip or private airport.
18. Defendants have violated the Hopewell Township Subdivision and Land
Development Ordinance by failing to obtain plan approval prior to the installation of macadam for
the airplane landing strip and private airport which constitutes ongoing construction which altered
the contours, and required grading and excavating on the property all of which constitutes site
improvements requiring prior land development plan approval.
WHEREFORE, Plaintiff prays this Honorable Court enter judgment in favor of Plaintiff
and against Defendants in the amount of Five Hundred ( $500.00 ) Dollars per day from the date
of the District Justice judgment May 28, 1999, to the present date for each day of violation plus
costs incurred by the Plaintiff and reasonable attorney fees all as provided by law.
Respectfully submitted,
Sally J. W er, Esquire
Solicitor for the Board of Supervisors of Hopewell
Township, Cumberland County
VERIFICATION
I, Marlin D. Hoover, Chairman of the Board of Supervisors of Hopewell Township,
Cumberland County, Pennsylvania, verify that the statements made in the foregoing Plaintiffs
Reply to New Matter are true and correct to the best of my personal knowledge and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section
4904, relating to unworn falsification to authorities.
Date: z) Am"e N
?? MARLIN D. HOOVER
Z-----»
COMMONWEALTH of PENNSYLVANW
County of CUMBERLAND SS
I Roben? 2legler. Recorder, do hereby
cMesDay r y thah the foregoing i e true and
as app a
o Poe
s my hand 1 f I el this
of t_
r 9 Tax Parcel I.D. No.
Z THIS DEED
MADE THIS rs t-^ day of A. ?T in the year of our Lord one thousand nine hundred
ninety-seven (1997),
BETWEEN ' MELVIN S. BEAM and ANNA M. BEAM, husband and wife, of 401 Shippensburg
Road, Shippensburg, Pennsylvania, hereinafter referred to as Grantors,
AND MEADOWLAND HOLDINQS, CONTRACT AND DECLARATION OF A
PURE TRUST, of 12 Cartoll Street, Suite 180, Westminster, Maryland 21157,
hereinafter referred to as Grentae,
WITNESSETH, that for and in consideration of the sum of FORTY-FIVE T14OUSAND
DOLLARS ($45,000.00), in hand paid, the receipt whereof is hereby acknowledged, the said
Grantors do hereby grant and convey, in fee simple to the said Grantee, its successors and assigns,
ALL that certain tract of real estate together with improvements erected thereon known as 401
Shippensburg Road, lying and being situate in Hopewell Township, Cumberland County,
Pennsylvania, more fully bounded and described as follows:
BEGINNING at a point in the intersection of Pa 696 known as Shippensburg Road and T-331
known as East Creek Road at the comer of lands now or formerly of Doris J. Martin; thence along
said lands now or formerly of Martin North ftf?y (50) degrees forty-six (46) minutes forty-five (45)
seconds East two hundred thirty and zero hundredths (230.00) feet to a point; thence along said lands
now or formerly of Martin North thirty-six (34) degrees five (05) minutes twenty (20) seconds West
one hundred thirty-one and ninety-eight hundredths (131.911) feet to a point; thence along said lands
now or formerly of Martin North eighty-five (85) degrees fifty-five (55) minutes thirty-seven (37)
seconds West two hundred twenty-five and ze o hundredths (225.00) feet to a point in Pa. 696, also
known as Shippensburg Road; thence in said loadway North eighteen (18) degrees forty-eight (48)
minutes twenty-five (25) seconds West twenty-three and forty-eight hundredths (23.48) feet to a
point at the corner of lands now or formerly of Charles E. Baer; thence along said lands of Baer
South fifty-five (55) degrees nine (09) minutes nine (09) seconds West three hundred ninety-four and
sixty-one hundredths (394.61) feet to a point at the comer of lands now or formerly of J. H. Myers;
thence along said lands now or formerly of Myers South forty-eight (48) degrees thirty-two (32)
minutes eighteen (18) seconds West two hundred twenty and twenty-nine hundredths (220.29) feet
to a point; thence along said lands now or formerly of Myers North twenty-eight-(28) degrees thirty-
three (33) minutes thirty-one (31) seconds West five hundred fifty-two and seventy-five hundredths
(552.75) feet to a point; thence along said lands now or formerly of Myers North eighty (80) degrees
II twenty-five (25) minutes fifty-three (53) seconds East one hundred forty-one and ninety-three
hundredths (141.93) feet to a point at the comer of lands now or formerly of Richard A. Dille; thence
along said lands of Dille North eighty-hires (83) degrees forty-five (45) minutes forty-nine (49)
WN 164 PAC1001
MARK. WLIOLS AND PSRNINS - ATTORNSYS AT LAW - 12E [AST NINE STRUT - SNIPPWSSURO. PA 17367-1307
el .5 fL? ?3 ? Yd?1F A Q -Al 14
seconds East four hundred thirty-five and eighteen hundredths (435.18) feet to a point in the
Conodoguinet Creek; thence across said creek and along said lands now or formerly of Dille North
thirty-three (33) degrees forty-nine (49) minutes eleven (11) seconds West seventy-six and fifty-two
hundredths (76.52) feet to a point at corner of lands now or formerly of Charles M. Besore; thence
along said lands now or formerly of Besore South elglay-nine (89) degrees seven (07) minutes forty-
six (46) seconds East four hundred eighty-six and dMety-seven hundredths (486.97) feel to a point;
thence along said lands now or formerly of Besore North seventy-four (74) degrees three (03)
minutes thirty-nine (39) seconds East three hundred sixty-seven and twelve hundredths (367.12) feet
to a point at the comer of lands now or formerly of the Alfred Fogelsanger Estate; thence along said
lands now or formerly of Fogelsanger Estate South fifty-six (56) degrees twenty-nine (29) minutes
twenty-one (21) seconds East one hundred forty-nine and ninety hundredths (149.90) feet to a point
in East Creek Road; thence in said roadway North Ibrty-eight (48) degrees fifty-seven (57) minutes
twenty (20) seconds East seven hundred fifty-nine snd zero hundredths (759.00) to a point; thence
in said roadway North sixty-Iltree. (63) degrees twenty-five (25) minutes twenty-two (22) seconds
East two hundred forty-seven and fifty hundredths (247.50) feet to a point; thence in said roadway
North seventy-six (76) degrees thirty-six (36) minutes forty-two (42) seconds East one hundred
twenty-four and fifty-seven hundredths (124.57) feet to a point; thence in said roadway North
seventy-nine (79) degrees forty-eight (48) minutes three (03) seconds East one hundred twenty-seven
and one hundredths (127.01) feet to a railroad spike at the comer of Lot No. 2 on a Subdivision Plan
recorded in Cumberland County Plan Book 70, at Page 144, being lands now or formerly of Lanark
Investment Fund; thence along said Lot No. 2 the following courses and distances: South thirty-nine
(39) degrees twenty-five (25) minutes twenty (10) seconds East seventy-four and forty-one
hundredths (74.41) feet to a point, thence South filly-two (52) degrees five (05) minutes one (01)
second East thirty-six and thirty-nine hundredths (38.39) feet, thence South sixty-four (64) degrees
eighteen (18) minutes thirty-eight (38) seconds East sixty-three and ninety hundredths (63.90) feet,
thence South forty-six (46) degrees forty-four (44) minutes fifteen (15) seconds East fifty-one and
sixty-one hundredths (51.61) feet, thence South lhitty (30) degrees forty-five (45) minutes fifteen
(15) seconds East sixty-one and sixty-six hundredths (61.66) feet, thence South seventeen (17)
degrees twenty-seven (27) minutes seventeen (17) seconds East seventy-four and seventy-five
hundredths (74.75) feet, thence South five (05) degrees thirty-two (32) minutes two (02) seconds
Eosl eighty-four and sixty-three hundredths (84.63) feet, thence South six (06) degrees forty-one (41)
minutes [tiny-six (36) seconds East eighty-three and ninety-two hundredths (83.92) feet to a point,
thence South eleven (11) degrees forty-three (43) minutes thirty-three (33) seconds East fifty-one and
eighty-six hundredths (51.86) feet to a point, thence South twenty-seven (27) degrees twenty-five
(25) minutes thirty-seven (37) seconds East fifty-three and forty-nine hundredths (53.49) feet to a
point, thence South forty-six (46) degrees seventeen (17) minutes thirty-nine (39) seconds East sixty-
four and fifty-three hundredths (64.53) feet to an iron pin; thence along said Lot No. 2'South ten (10)
degrees forty-four (44) minutes twenty-seven (27) seconds West one hundred fifty-four and ninety-
four (154.94) feet to an iron pin; thence along said Lot No. 2 South forty-six (46) degrees thirteen
(13) minutes fifty-one (51) seconds East seven hundred thirty-seven and fifty-one hundredths
(737.51) feet to an existing twelve (12") inch pin oak at comer of lands now or formerly of John W.
Forrester; thence along said lands now of formerly of Forrester South thirty-seven (37) degrees thirty-
five (35) minutes fifteen (15) seconds East one thousand two hundred thirty-one and rifty hundredths
(1,231.50) feel to a point at the corner of lands now or formerly of David C. Hershberger; thence
along said lands now or formerly of Hershberger South sixty-six (66) degrees fifty (50) minutes forty-
BOOK IG4 PAU400,'2
MARK. W[IOL[ AND V[NNINS - RTTONNEYS AT LAW - 11E CAST VINO STNLCT - SNI0V[NS0N00, 011 17]!).1]0)
four (44) seconds West six hundred six and thirty-one hundredths (606.31) feet to a point at corner
of lands now or formerly of Donald W.13 Swope; thence along said lands now or formerly of Swope
South sixty-nine (69) degrees thirteen () minutes seven (07) seconds West three hundred fifty-one
and eighty-three hundredths (351.83) Ibet to a point at the corner of lands now or formerly or Martin
1. Reese; thence along lands now or formerly of Reese North six (06) degrees forty-five (45) minutes
fifty-two (52) seconds West two hundred sixty-eight and fifty-four hundredths (268.54) feet to a
point; thence along said lands now or formerly of Reese North twenty-seven (27) degrees thirty-eight
(38) minutes fifty-one (51) seconds West three hundred seventy-nine and fifty hundredths (379.50)
feet to a point; thence along said lands now or formerly of Reese South fifty (50) degrees sixteen (16)
m
to a inutes fifty-qight (58) seconds West four hundred ninety-nine and three hundredths (499.03) feel
or formerly of Laidig North thirty-one (31) degrees five (05) minutes gthirty-three (33) seconds sWnow
est
two hundred twenty-four and seventy hundredths (224.70) feet to a point; thence along said lands
now or formerly of f.nidig South filly-two (52) degrees thirty (30) minutes six (06) seconds West five
hundred ninety-nine and seventy-one hundredths (599.71) feet to a point; thence along said lands now
or formerly of Laidig North forty-four (44) degrees fifty (50) minutes thirty-nine (39) seconds West
one hundred nine and seven hundredths ( h 09.07) feel to an existing iron pin at post at the corner of
Lot No. 3, being lands now or formerly of Meadowlgnd Holdings; thence along said Lot No. 3 North
forty-seven (47) degrees thirty-four (34) minutes two (02) seconds West one hundred ninety-eight
and forty-five hundredths (198.45) feet to an existing post; thence along said Lot No. 3 South fifty-
seven (57) degrees twenty-eight (28) minutes fifty-one (51) seconds West twenty and zero
hundredths (20.00) feet to a concrete monument; thence along said Lot No. 3 South fitly-seven (57)
degrees twenty-eight (28) minutes fifty-one (51) seconds West four hundred thirty-seven and ninety-
four hundredths (437.94) feet through a concrete monument to a railroad spike in Pa. 696, also
known as Shippensburg Road; thence in said roadway and along lands now or formerly of J. H.
Myers North twenty-four (24) degrees twenty-two (22) minutes twenty-seven (27) seconds West one
thousand three hundred forty and sixty-five hundredths (1,340,65) feet to a point at the corner of
lands now or formerly of Charles E. Baer; thence along said lands now or formerly of Baer North
twenty-one (21) degrees forty-one (41) minutes fifty-cline(59) seconds West two hundred sixty-three
and forty-five hundredths (263.45) feet to a point in the intersection of Shippensburg Road and East
Creek Road at the corner of lands now or formerly of Doris 1. Martin; the place of beginning.
CONTAINING 113.3505 acres being designated as Lot No. 4 on a land subdivision for Melvin S.
Beam dated March 14, 1997 prepared by Byers and Runyon Surveying and recorded in Cumberland
County Flan Book 75, at Page 28.
BEING and intending to be all of t]me residue of that rep] estate which Catherine V. Baer by her deed
dated February 25, 1985 and recorded in Cumberland County Deed Book I'D", Volume 31, at Page
85 granted and conveyed to Melvin S. Beam and Anna M. Beam, his wife, grantors herein.
II SUBJECT TO building setback lines, easements and notations as set forth on subdivision plan
recorded in Cumberland County Plan Book 75, at Page 28.
FURTHER SUBJECT TO all conditions, restrictions, and casements of record.
BOGY j,(14 mCf1003
MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW . 126 EAST VINO STREET . SNIPPENSOURO, PA 17251 1391
And the said Grantors hereby covenant and agree that they will warrant specially the property
hereby conveyed.
IN WITNESS WHEREOF, Grantors have hereunto set their hands and seals the day and year
first above written.
Signed, Sealed and Delivered
in the Presence of
4"'P. , 0. &""
LK 6 77) - /aga ML
ANNA M. BEAM
COMMONWEALTH OF PENNSYLVANIA
as.
COUNTY OF CUMBERLAND
On this, the /S day of /1cl,gg us ? , 1997, before me, a Notary
Public in and for said County and State, the &hdersigned officer, personally appeared Melvin S.
Beam and Anna M. Beam, 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 herein contained.
OAP -PL 'R 15"?
ME VIN S. BEAM
M WITNESS WHEREOF, 1 hereunto set my hand and official seal.
Notary Public
wtEnd am 1
ficus PaUtc a A. conrotl. Pt C?ouM
6h'P 0" -C
My mmlEe Eton x0m MEtal Ytwo
R, PErnr?l+Er? paoctarcn d Maim
otioK 164 N-0171004
MARK. WEIOLE AND PERKINS - ATTORNEYS AT LAW . 126 EAST KING STREET . SHIPPENS9URG. PA 112S7.1191
I do hereby certify that the complete post office gddress of the within named Grantee is 12 Carroll
Street, Suite 180, Westminster, Maryland 21157
1997
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
C , •- ?_
Attorney for Grantee
: SS.
RECORDED on this?3 day of Seelt , A.D. 1997, in the
Recorder's Office of said County, in Deed Book a ge 001
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ry ORNEYS AT A(W - 126 CAST NINO STREET - SIIIPPENSOURO. PA 17257.1357
u871ei199/ 21:31 117-776-9298 JEFFREY DAV84ER PAGE 02
HOPEWELL TOWNSM
CUMBERLAND COUNTY
257 Newburg Road
Newburg, PA 17240
VIA REGULAR AND CERTU=11l JL P 418 564 472 AND HAND DELIVERED
September 16, 1997
Malvin S. dt Anna M. Beam
401 S4hpipnemns urg Road
Shippo iburgb PA 17257
ZONING ENFORC67 UM NOTICE
Re: 401 ShipCM Road, Shippeasbun
T.P. 11 14
Dar Melvin S. 6u: Arms M. Beam:
As the owner of record of the above referenced property, I am contacting you regarding the
construction of an airplane ?laqn?ding strip at this location. This fayear I visited your property and could
clearly see that you were tbis? the contour of ox of yow rm fields with comtruuction equipment.
During my visit you claimed ibis was a conservation ect and not an aitphme landing strip. I advised
d v ? co t?lanhfmm the to?wnsi?ti ?H strip wouuire a caning permit aai an.approved land
teceive? ? p of Hopewell 'TownshP s Zoopewelt. I am aware that after ow coaversauon you did
Township Sectetarv Alverda OcJoer p niug and Subdivision 8c Land Development ONiaance from
The construction and operation of an airplane landing strip without a mmag permit and an approved .Ycfl land development plan from the township is a violation pf IHOrvul rowasYtp Zoning Ordinance
Section 12.02 A and a violation of Hopewell Township'$ Subdivision & Land Development Ordinance
Section 400 B (copies of these sections are attached).
To comply with the township zoning ordinance and Subdivision do Land Development Ordinance you
must stop utilizing the autilaao strip immediately and obptn a zoning permit from the zoning officer.
This wiU inquire fira obtaiaiog land developmem pion approval by submitting a land development plan
in aecordaace with the township Subdivision and Land elopment Ordinance. Airplane landint strips
are not permitted uses in the Agricultural Zone where yqur property is located. Therefore you must
follow the rmvisions of the zoning ordinance, to tegnest Permission to use yyour prrooppeertrtyy as an airplane
latudiog step (copies of Zoning Ordinance Saction 4.04 Section 11 Supplemeatalltegulations attached)
You are to commerce Compliance with re .pt of this notice and ou have thirty days to complete
compliance by obtaining an approved Land Developinatt play as valid zom'ug permit from Hopewell
Township within thirty days of receiving this notice. I am makingyou aware, by means of this letter,
that if these violations are riot corrected within the above specified tune limits, the Township will have
no other choice than to file a complain with the District Justice. A judgment of not more than 600
dollam.per violation per day may be imposed upon you by the District Justice.
You may appeal this Zoning Enforcement Notice to the Hopewell Township Zoning Hearing Board by
contacting the board's Secretary Lance Heberli 24 Shuman Road Newburg or by telephone at 423-
5393. You have thirty days to appeal to the Ainng Hearing Board from the data you received this
notice. Please address this situation immediately to avoid further action. Any cooperation on your part
will be ratly appr tciated. Should you have any questions you may contact me at my home telephone
numbe' 64260. Or you may contact the Hopewell Township Secretary Alverda Ocher at 423--5570.
s y' a. ??tAtb>,ly
J Daaw
Zr to cc: Township Film, Sally Winder
Attachments: Copies: Zoning Ordinance Page 90, Land Development Ordinance Page 18
Zoning Ordinance Page 29-32 8r Pages 62-88
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