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HomeMy WebLinkAbout07-2318IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY In Re: Interest of Means Hollow Group LLC } No. 67- ',,,1P PETITION FOR RULE TO SHOW CAUSE WHY A BOARD OF VIEWERS SHOULD NOT BE APPOINTED PURSUANT TO 36 P.S. SECTION 2731 To The Honorable, The Judges of The Said Court: The Petition of Means Hollow Group LLC, Petitioner herein, respectfully states: 1. Petitioner, Means Hollow Group LLC, is a Pennsylvania limited liability company having its office address at 600 N. Second St., Suite 500, Harrisburg, PA 17101. 2. Petitioner owns certain real estate situate in Southampton Township, Cumberland County, Pennsylvania (hereinafter referred to as the "Property"), acquired from Melissa J. Spencer, formerly known as Melissa J. Cressler, by deed dated January 24, 2007, more particularly described as follows: ALL THAT CERTAIN tract of real estate situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an existing iron pin along lands now or formerly of Nguyen K. L. J. Greene and lands now or formerly of Paul W. Orendorff; thence along lands now or formerly of Paul W. Orendorff and Lot 10, North 47 degrees 30 minutes 00 seconds East, 628.65 feet to a point; thence along lands now or formerly of Harold L. and Janette E. Gayman, South 45 degrees 30 minutes 00 seconds East, 441.50 feet to a existing iron pin and existing post; thence along the same, South 68 degrees 00 minutes 00 seconds East, 589.88 feet to a existing iron pin and existing post; thence along lands now or formerly of Richard Johnson, South 25 degrees 00 minutes 00 seconds West, 255.75 feet to a point; thence along the same, South 45 degrees 00 minutes 00 seconds East, 488.70 feet to a existing iron pin and existing post; thence along lands now or formerly of Donald D. and Patty L. Gilbert, North 67 degrees 30 minutes 00 seconds West, 594.00 feet to a existing iron pin and existing iron post; thence along the same, South 12 degrees 30 minutes 00 seconds West, 321.75 feet to an existing iron pin; thence along lands now or formerly of Thomas G. and Phyllis Whisenand, a 50' right of way and lands now or formerly of Nguyen K.L.J. Greene, North 51 degrees 00 minutes 33 seconds West, 1178.63 feet to an existing iron pin, being the point and place of BEGINNING. CONTAINING 16.76 +/- acres. BEING the same premises which Melissa J. Cressler, executrix of the Last Will and Testament of Michael, by Deed dated December 11, 1998, and recorded January 5, 1999, in the Office of the Recorder of Deeds in and for the County of Cumberland, Pennsylvania, in Book 192, Page 355, granted and conveyed unto Melissa J. Cressler. BEING designated as Tax Parcel # 39-15-0177-035. A copy of the aforesaid deed to petitioner is attached hereto as Exhibit A. 3. A copy of the tax map showing the Property is attached hereto as Exhibit B. 4. The tax map clearly shows that the Property does not have any road frontage, but is landlocked. 5. There is a 50-foot wide private right-of-way that abuts the Property and affords adjacent landowners access to Means Hollow Road, and petitioner has caused a search of the deed records in Cumberland County to be conducted by Capital Abstract Corporation in order to determine whether petitioner has the right to use said private right-of-way; however, there is no recorded instrument in the chain of title for the Property which grants such right. In this respect, petitioner relies upon the letter of Capital Abstract Corporation attached hereto as Exhibit C. 6. Petitioner avers that this Court has jurisdiction of the within matter pursuant to 36 P.S. Section 2731 (the "Private Road Act"), and 42 Pa. C. S. A. Section 931 (a). 7. Without an easement, it is impossible for the petitioner to obtain ingress and/or egress to the Property. 8. Therefore, petitioner avers that it is entitled to an easement by necessity under the Private Road Act. 9. The public roads nearest to the Property are Means Hollow Road and Thorney Grove Lane, as shown on the tax map. 10. Although Thorney Grove Lane is nearer to the Property than Means Hollow Road, there is no existing route from Thorney Grove Lane to the Property, while the private right-of-way referred to in Paragraph 5 above is already in existence and runs from the southwesterly edge of the Property to Means Hollow Road, therefore, use of the latter route would cause the least hardship to surrounding landowners and have more favorable terrain. 11. Moreover, the private right-of-way referred to in Paragraph 5 above would give petitioner access to the Property in about the middle of the parcel, instead of over the westerly side only - this is important to petitioner because petitioner intends to apply to the Southampton Township Board of Supervisors for subdivision of the Property into two approximately equal lots. 12. The lands between the Property and Means Hollow Road are owned as follows: Tax Parcel No. 39-41-2744-44 Current Owners: N. Jaine and M. Guyenkij Greene Mailing Address: 8411 Silverlace Court, Richmond, VA 23228 Deed of Record: Volume 274, Page 832 Tax Parcel No. 39-41-2744-26 Owners: Dean E. and Carol W. Leib Mailing Address: 74 Harriet Road, Churchville, PA 18966-1458 Deed of Record: Volume E33, Page 1015 Tax Parcel No. 39-41-2744-34 Current Owner: Ryan K. Mixell Mailing Address: 1319 Means Hollow Road, Shippensburg, PA 17257 Deed of Record: Volume 265, Page 1172 Tax Parcel No. 39-41-2744-6 Current Owner: Michele M. Shuller Mailing Address: 1215 Means Hollow Road, Shippensburg, PA 17257 Deed of Record: Volume 350, Page 871 13. The lands between the Property and Thorney Grove Lane are owned as follows: Tax Parcel No. 39-41-2744-023 Current Owner: Paul W. Orendorff Mailing Address: 998 Beck Road, Gettysburg, PA 17325 Deed of Record: Volume 27 B, Page 197 Tax Parcel No. 39-41-2744-042 Current Owner: Matthew C. Cramer Mailing Address: 833 W. King St., Shippensburg, PA 17257 Deed of Record: Volume 131, Page 624 14. Petitioner seeks a twenty-five foot (25') wide easement for a private road over and across the existing private right-of-way referred to in Paragraph 5 above, or alternatively, over and across the lands of the above-named landowners, for ingress, egress, and regress from either Means Hollow Road or Thorney Grove Lane to the Property. 15. Petitioner seeks an easement which shall inure to the benefit of petitioner and its successors and assigns, and therefore, which shall run with the land, but petitioner does not seek fee simple title. 16. Petitioner consents to be responsible for the repair of any proposed private road at the expense of petitioner and its successors and assigns, or petitioner consents to be responsible for its proportionate share of the repair of any existing private road at the expense of petitioner and its successors and assigns. WHEREFORE, Petitioner respectfully requests your Honorable Court to: 1) appoint a board of viewers pursuant to 36 P.S. Section 2731 in order to view the Property and the adjoining lands; determine the necessity of the right-of-way; lay out a private road; ascertain damages sustained by the adjacent landowner(s); render a report of same and if necessary hold a hearing; and 2) make such order about payment of the necessary costs incurred as to the Court shall appear right and just, in accordance with 36 P.S. Section 2741. Means Hollow Group LLC i By: Rebecca k"Fran, Sole Member A. Macaluso, Esq. e Court I.D. No. 38262 r for Petitioner P.O. Box 83 Orrstown, PA 17244 (717) 532-4832 VERIFICATION I, Rebecca J. Tran, verify that I am the sole member of Means Hollow Group LLC, that I am authorized to sign this verification on its behalf, and that the statements made in the foregoing petition are true and accurate to the best of my personal knowledge, information and belief. I understand that my statements are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Rebecca J. Tr fin Commonwealth of Pennsylvania County of Franklin ss. On this 9th day of April, 2007, before me, the undersigned officer, personally appeared Rebecca J. Tran, who acknowledged herself to be the sole member of Means Hollow Group LLC, a Pennsylvania limited liability company, and that she, as the sole member of said limited liability company, being authorized to do so, executed the foregoing instrument for the purpose therein contained by signing the name of the limited liability company by herself as the sole member of said limited liability company. Witness my hand and official seal, the day and year aforesaid. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Amy L. Macaluso, Notary Public Southampton Twp., Franklin County My Commission Expires Oct. 16, 2008 parcel # 39-15-0177-035 DEED ab1 ,lht? 2? fail 3 06 MADE THIS --42lC - da v of in the year Two Thousand Six (2006), BETWEEN ?MELISSA J. SPENCER (f.k.a. MELISSA J. CRESSLER), at 1041 Big Valley Circle, L,ipan, Texas 76462, (hereinafter referred to as "Grantors") AND MEANS HOLLOW GROUP, North Second Street, liability 500, Harrisburg, ennsylvania 1.7105 wing a mailing address of 60 (hereinafter referred to as "Grantee") WITNESSETH that in consideration of the sum of ONE HUNDRED FIFITEM THOUSAND DOLLARS ($115,000.00# iand n hand convey idunto the , the receipt said Cnanteeof is hereby acknowledged, the said Grantor does hereby gran ALL that certain tract of real estate situate in Southampton Township, Cumberland County, Pennsylvania, bounded and descn"bed as follows: BEGINNING at an existing iron gin along lands now or formerly of Nguyen K. L. J. Greene and lands now or formerly of Paul W. Orendorff: thence along lands now or formerly of Paul W. Orendor f and Lot 10, North 47° 30' 00" East, 628.65 feet to a point; thence along lands now or formerly of Harold L. & Janette E. Gayman, South 45° 30' 00" East, 441.50 feet to an existing iron pin and existing post; thence along the same, South 68° 00' 00" East, 589.88 feet to an existing iron pin and existing post; thence along lands now or formerly of Richard Johnson, South. 25° 00' 00" West, 255.75 feet to a point; thence along the same, South. 459 00' 00" East, 448.70 feet to an existing iron pin and existing post, thence along lends now or formerly of Donald D. & Patty L. Gilbert, North 67° 30' 00" West, 594.00 feet to an existing iron pin and existing iron post; thence along the same, South 12° 30' 00" West, 321.75 feet to an existing iron pin; thence along lands now or formerly of Thomas G. & Phyllis Whisenand, a 50' right of way and lands now or fonnerly of Nguyen K. L. J. Greene, North 51° 00' 33" West, 117$.63 feet to an existing iron pin, being the point and place of BEGINNING. CONTAINING 16.76 + acres book 276 PASE2847 6661 A SUBJECT to all rights-of-way, restrictions, easements, conditions, and set back lines of record, including but not limited to those stated in the aforementioned subdivision plan. BEING THE SAME REAL ESTATE WHICH MELISSA J. CRESSLER, Executrix of the Last Will and Testament of MICHAEL L. CRESSLER, late by deed dated December 11, 1998 and recorded on January 5, 1999, in the Office of the Register and Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book 192 at Page 355, granted and conveyed unto and MELISSA J. CRESSLER, the GRANTOR herein. AND the Grantors do specially warrant the property hereby conveyed. Melissa J.. Spencer, formerly known as Melissa J. Cressler, married to hereby certifies that she is not separated or contemplating divorce and has not Eled an action in divorce in this or any jurisdiction and that conveyance is for full consideration. Spousal waiver attached. C- 9 9 -9 ? en rn!5 C") AR tYto ilt t t ? ?? ,r. ? ¦+.i?? pfd alp w-C irf ego ro 4 -rl 1-0 . y.. a. +w _ .... tv r ?+ •,? c^? .D -SF as 114 a t0r 278 PACE2848 IN WITNESS WHEREOF, the said Grantors have hereunto duly executed this deed the day and year first above written, Signed, Sealed and Delivered in the Presence of MELISSA J. -r N R S A- ass. COUNTY OF C(- +1 1 } on this day of a°r 2006, before me, a Notary Public, personally appeared MELISSA J. SPENCER, (f.k.a. Melissa J, Cressler) known to me (or 9ntigfnr Hly f rfryw) tQ ?e the persoo whose name is 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 official seal. KAREN RAMIREZ L STATE OF TUAS e.jay Canna. Ea.04/18/?+D08 Notary Public P Notary Public My Commission Expires: Ir?`g hcreby oertif that -tbe Grantee's preci residence and complete post office address is: N -I -a ar 61 -ql Witness my hand this 9, ?) day of ??'?--- /A t for tee 1 (..'crii(y this to be rCcorded ki C';urnberland County PA Recorder of Dccd.s t0aK 278 PAEE2849 12` b? +=y ti??? ?#.°+`?`i ' ?? 39~1501??7y03? a)???'s s? 3 1 C1 9-41 404; J? . t i Q ? 7 than 1, ° 64' f 10 70 Total Ac i i . I '' 11 s IC N .2744-942 i a , , i 1+ p I r sn :' .t. ? _•.; .. YJ' , ? , ro ` yq,?y - 1? 3 f " ' 1?^ , 2SSS V 38 ,, t``?i4„ F.? t= yer •. S'•,K ?. + v.? .• i?, .,?`6t ??: 1t It .+ t?. ?. ?t Y.}? ? ,Tj[,?_: ,•eb 9y'l`..?i' • •?;. ?• ,i,a 1 .r ? ._? 9?'?, ., {??/vJy?. Y ? .?. ?v?. s deg. ? 1 ?. ,+ ?k' ? i1 2744-0111 ` i `90 '? : s. a r : 4 7Z, 1 0 440 ?. t , 1 a 5 a l `I i ?' O 4AC 17A^ . v? - t ' (1Za 3,?5),'• t a y1 a t A i ' 1 1'7Y. y 6-9 -?5::c a1' t t t{+, ? ^s: ` ',? 1 )7? ? r• ?? ^s +,f? ,t t ?.?=?. ? 394 74404?M %-414 - ! ?q r i y? Ili' r' !„ .I 1°?j.,' l ?)f li K.w ii ,t. "3y_1 c. ' }t . ? ^? (14)39+?q?1 ? e 1,. t ?'? ?. ?ro I? A r . ? .' + "1 t i k-!? {y t ??.. 2 , 1 ? Ike' 6,. ] ?; t ? ^. i 1 t .1 t . i , '??^ ?'^ a ». ?`? ?r• .1?v y?Ul r+ t 1 d4; `.', i.1 i a +:. ,x Y 34 tai 06 '1718 t . •. c i ? 2 ?` s •? st,t °' ?' # 9+c' a tr. ?.? la` C 1 r* Ac. -s t ,y' t .l r !y. t'a ,S. .t .tr:: 1 , 0 39r •J 01774V36 A a' jv, Aray . rt? 2T ' f x 1 F? 1 e :.1 as-? -4 tiT•3+9" ia, t _. ro. sCj i?; ?li' '" r 6B 1 S :Sf,^t ... 39,'1-'244.0 ? t ? 3 t ? a .Po t S f I t> ° Z% y? $ 6.53Ay ` k t Y i s?' t.`_ Ica 'If ?. -,,39741-27 1 t f i n ; • ..f ? , .? : ;,,? ? a1-2744- " ? ?, w ! r+ 't `? ! y b#39- ,1-2 fit,„? y s ? ? ? .rS I ! ? i ? a,, ?p39 ?? ??r"??•??? .,?t? 1 r ': Jr- oil , t F' 44035 Y i e si ,? Ill ti ,R. , ?Q' f `'`% i ?, .r• t# ?'` 7s. .? t ` ? _ h ;i'. i } , t!ti a?' .1 ? ??'t? ?,{ rr ro ?J? ?, ro, ?r '`?! r. ' h `...?'Y t }1 F p?? C 1 I F y ? r 'd,?,?e .7 L ?_ (; o C ?7 fi, { ly ?' ? ?t i ? t F 4? i {'i t ?' ti . ? ??c .. c !, •1 1. F; } M 23 0 r`j# !l `? ` f t 1 r' a ,a . 39-15-0177-023 +t iq? Cumberland County Tax N cr eaua-s 375 feet &6%11 S Date as of 1 25,0; % I/19/ 29,07 i1: 12 71 r-251-?J7£;3 CAPITAL ABSTRACT PAGE Di/01 LF CAPITAL ABSTRACT CORPORATION 999 Lincoln Way East, C;hambet:sbutg, .Pcmisplvania Phone 717-261-9143 Fax 717-261-9783 Janttiuy 19, 2007 Joseph Vacaluso, Esquire Re: 10.76 actos, Means -Hollow Road Shippensbu g, PA Dear Mr. Macaluso: After extensive re,"arcll on the above pmpcrty currently owned by Melissa Spencer, :formerly tc OWO as Nlclissa Cresslcr, it is our determination that there are no recorded documents givi»g the right of ingross, egress, or regress over the SO fo;>t rifzht-ot'-way vvluch abuts the property. Sincerely, 'rit Abstract Co oration Pa ar u gh 63c kil L A coom 'W g N 1 to ?J. *g C:3 r' r-.> c::2 ?o N d "C7 m? APRl42M? AXI i IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY In Re: Interest of Means Hollow Group LLC } No. 07, ORDER AND NOW, this day of ,q,enl , 2007, upon consideration of the within Petition For Rule To Show Cause Why A Board of Viewers Should Not Be Appointed, It is hereby ORDERED that a Rule be issued upon N. Jaine and M. Guyenkij Greene, 8411 Silverlace Court, Richmond, VA 23228; Dean E. and Carol W. Leib, 74 Harriet Road, Churchville, PA 18966-1458; Ryan K. Mixell, 1319 Means Hollow Road, Shippensburg, PA 17257; Michele M. Shuller, 1215 Means Hollow Road, Shippensburg, PA 17257; Paul W. Orendorff, 998 Beck Road, Gettysburg, PA 17325; and Matthew C. Cramer, 833 W. King St., Shippensburg, PA 17257, to show cause, if any they have, why a board of viewers should not be appointed in this matter. It is further ORDERED that a true and correct copy of the within Petition be served upon the above-named respondents in accordance with the Pennsylvania Rules of Civil Procedure. Rule returnable in twenty (20) days. By the Court, oa ??.o , J. 80 :8 WV LZ M LOOZ &VIO Ur[-la.:J'd 31HI J0 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY In Re: Interest of Means Hollow Group LLC } No. 07-2318 Civil Term CERTIFICATE OF SERVICE I hereby certify that on May 1, 2007, 1 caused to be served true and correct copies of the Petition for Rule To Show Cause Why A Board of Viewers Should Not Be Appointed Pursuant to 36 P.S. Section 2731 and Order dated April 26, 2007, upon the following individuals by certified mail return receipt requested: N. Janine and M. Guyenkij Greene 8411 Silverlace Court Richmond, VA 23228 Dean E. and Carol W. Leib 74 Harriet Rd. Churchville, PA 18966-1458 Ryan K. Mixell 1319 Means Hollow Rd. Shippensburg, PA 17257 Paul W. Orendorff 998 Beck Rd. Gettysburg, PA 17325 Michele M. Shuller 1215 Means Hollow Rd. Shippensburg, PA 17257 Matthew C. Cramer 833 W. King St. Shippensburg, PA 17257 I further certify that service was effectuated upon Ryan K. Mixell on May 10, 2007, upon Paul W. Orendorff on May 2, 2007, upon Dean E. and Carol W. Leib on May 5, 2007, upon Michele M. Shuller on May 4, 2007, and upon Matthew C. Cramer on May 3, 2007, per the copies of the certified mail return receipts attached hereto. 1 further certify that service was attempted upon N. Janine and M. Guyenkij Greene by certified mail return receipt requested on May 3, 2007, and on June 2 and 8, 2007, but was returned by the U.S. Postal service as "UNCLAIMED UNABLE TO FORWARD" and again by first class mail on June 29, 2007, but was returned by the U.S. Postal service on August 7, 2007, as "ATTEMPTED NOT KNOWN UNABLE TO FORWARD", per the copies of the envelope bearing the notations thereon, attached hereto. I further certify that service was effectuated upon N. Janine and M. Guyenkij Greene by certified mail return receipt requested at a new address at 14995 Patrick Meadows Way, Montpelier, VA 23192, on October 2, 2007, and signed by N. Janine Woods who advised the undersigned by telephone and letter that she is the owner of the premises in question. A copy of the certified mail return receipt is attached hereto. I SENDER: ¦ Complete items 1 and/or 2 for additional services. ¦Complete items 3, 4a, and 4b. I also wish to receive the following services (for an ¦ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. ¦Attach this form to the front of the mailpiece, or on the back if space does not 1. ? Addressee's Address -L ` permit. ¦ Write'Refum Receipt Requested" on the mailpiece below the article number. 2• © Restricted Delivery y rn ¦The Return Receipt will show to whom the article was delivered and the date delivered Consult postmaster for fee. a . 3. Article Addressed to: 7005 1820 0005 5697 6856 °C Jan f •n ?? r ` h e N. r • Service Type 4b ?T?'Ge n n ? ?j /()/? _ (O??` ty({?? . ? Registered Certified c ? 'i ? Express Mail ? insured a ? Return Receipt for Merchandise ? COD 4 RoOAe i e r; vA aM 7. Date f Delivery w C7 0 5. Received By: (Print Name) 1 S 8. Addressee's Address (Only if requested and fee is paid) . ,I r C W 60 6. or X.&. PS Form 811, December 1994 rn a Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ?y ?n K. M? gel ? f 3 ?q ins ?#)Iow P? /-70-S-7 f A. Signay?re X ? ent ssee re B. Received by (Printed' C, Da a of Delivery .i. D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No 3. Service Type Certtfled Mail ? Express Mail Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7005 1820 0005 5697 9710 (ftnsfer from service IaW PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ¦ Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. A. natur?e? X . ?(1 1 f`DM n? ?.4.4- I LEI; O elyliidby O? k je\j IC. 7140 tooSDelivery D. Is delivery address different from item 17 U Ys: 1. Article Addressed to: If YES, enter delivery address below: ? No NU 1 W. (Oren3 or-4 4 173 a? 3. Serve Type Certified Mail G(?b ? cg P Registered ? Insured Mail ? Express Mail ? Return Receipt for Merchandise ? C.O.D. 1 4. Restricted Delivery? (Extra Fee) ? Yes '1. Article Number (rransfer ft m servke label 7005 1820 0005 5697 9697 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 i SENDER: COMPLETE THIS SECTION ¦ Complete items 1, 2, and 3. Also complete A. Signature item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse --_'F? f so that we can return the card to you. B. Received by ¦ Attach this card to the back of the mailpiece, or on the front if space permits. -------.- - • - 1. Article Addressed to: D. Is delivery ag0rt-;",f- i ??t'"{uel'?:4. t c If YES, t E-Cko Ca rd) W ` cDA ( ???V f I (_ h u? 1 3. Service e ?Q Certifiec?M<.1.. -'I ? Registered . I = r + `l 4. Restricted De' ,arv? r . r 2. Article Number (rmnsfer from service labeq 7005 C, la D D 0'- 1820 ?- Form 3811, February 2004 Domestic Return Receipt PS SENDER: COMPLETE THIS SECTION COMPLETE THISSECT)o, ¦ Complete items 1, 2, and 3. Also complete it is desired tri t liver 4 If R d D XSignat / . e c y em es e ¦ Print your name and address on the reverse so that we can return the card to you. B. Received by f i rtf <y i r ¦ Attach this card to the back of the mailpiece, t I? , , h / r' t .? t31 1 if space permits. or on the fron _ i --. 1. Article Addressed to: D. Is delivery adc: 1P;s ci f r f•: w If YES, enter olive c r. I Y VIZI-ttk- M. S611 w--r (ais ?s?ollowRJ. P 1 1 e pf)? ?S b U (? S 3. Service Type Certified K'; ill , ?` Registere, n.r ri ^? /as 7 ?InsuredM:rl___:. 4. Restricted D•A very? I 2. Article Number 7005 (Transfer from service label) 1820 Q O n S.{ i' __ __. _......, . PS Form 3811, February 2004 Domestic Return Receipt ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: &AA*bvCw C. Crawar 0,3 3 W - V 1, n ? -' ?- ?-' A. Signature X .: B. R ived by ! Mn 'e f r )q D. Is del aa(.ri6s (J 'e t 4 i rt If YES, enter deliv)) e n:<, i %,t I_ 3. Service Type h P ('? S I? ?! rQ PA Certified Mall y q I I 7 ? Insured Mad - c l 4. Restricted Delivery? 1 r .-s! I 2. Article Number inn 5 1.A;30 01105 369-"- P, .. . Marfsfer from service labeq PS Form 3811, February 2004 Domestic Return Receipt • . ~ µ (h. ?.,. F 0 Erl Cfc;3? 3 Crier 's :33rd ;e 33 cs• 40 [err cf:rs:ae f D! !N ry If I r33 r r z o t i Q sa a M 7 ?t d' `e N 4 4 - 14 14 Q0 0 N ' la© o r+ 010 Z 0 n a?L? c - 1 V- D Tart _ Q. O 3 w o '? QHQ ca MT.J m _ Q ? i •? __--- ? ? N C.3 4 r 00). C-A r- ) a Q. % ao Q C. T to aw X W V o l''•?e?y Vl? h t ? ,a '? U ty ? ? t ? ?d j'17 ? ')r`n IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY In Re: Interest of Means Hollow Group LLC } No. 69? Civil Term MOTION TO MAKE THE ORDERIRULE TO SHOW CAUSE ABSOLUTE To The Honorable, The Judge of The Said Court: The motion of Means Hollow Group LLC, petitioner herein, by and through his attorney, Joseph A. Macaluso, respectfully states: 1. Petitioner Means Hollow Group LLC filed its Petition for Rule To Show Cause Why A Board of Viewers Should Not Be Appointed Pursuant to 36 P.S. Section 2731 on April 20, 2007. 2. On April 26, 2007, the Court entered an Order/Rule directing the respondents to show cause, if any they have, why a Board of Viewers should not be appointed in this case. 3. The Order/Rule and Petition were mailed by certified mail return receipt requested upon all parties of interest on May 1, 2007, and service was effectuated as set forth in the certificate of service by counsel for petitioner/movant filed with the Court on October 29, 2007. 4. The Order/Rule was returnable in 20 days. 5. As of this date, more than 20 days have elapsed and none of the respondents has filed an answer or objection to the Petition. WHEREFORE, movant respectfully requests that this Court enter an Order to make the Order/Rule absolute and appoint a Board of Viewers in this case. Ily Submitted, Jo eph A. Mabaluso, Esq. Utt reme Court I.D. No. 38262 rney for Petitioner/Movant Box 83 Orrstown, PA 17244 (717) 532-4832 VERIFICATION The material facts set forth in this motion have already been verified by the petitioner in the Petition. I have first-hand knowledge of the additional facts set forth in this motion, and with respect thereto, I verify that the statements made in this motion are true and correct to the best of my knowledge, information and belief. I understand that if any false statements are made herein I am subject to the penalties of perjury contained in Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: November 29, 2007 CERTIFICATE OF SERVICE I hereby certify that on November 29, 2007, 1 caused to be served true and correct copies of the motion to make the Order/Rule absolute pertaining to the Petition for Rule To Show Cause Why A Board of Viewers Should Not Be Appointed Pursuant to 36 P.S. Section 2731, upon the following individuals by first class mail postage prepaid: Janine Woods 14995 Patrick Meadows Way Montpelier, VA 23192 Dean E. and Carol W. Leib 74 Harriet Rd. Churchville, PA 18966-1458 Ryan K. Mixell 1319 Means Hollow Rd. Shippensburg, PA 17257 Paul W. Orendorff 998 Beck Rd. Gettysburg, PA 17325 Michele M. Shuller 1215 Means Hollow Rd. Shippensburg, PA 17257 Matthew C. Cramer 833 W. King St. Shippensburg, PA 17257 I further certify that the statements made herein are true and correct, and I understand that if any false statements were made herein, the same would be subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Dated: November 29, 2007 i ^1 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY In Re: Interest of Means Hollow Group LLC } No. 07-2218 Civil Term AMENDMENT TO MOTION TO MAKE THE ORDERIRULE TO SHOW CAUSE ABSOLUTE To The Honorable, The Judge of The Said Court: The motion of Means Hollow Group LLC, petitioner herein, to make the Order/Rule absolute and appoint a Board of Viewers in this case, by and through its attorney, Joseph A. Macaluso, filed with the Court on November 30, 2007, is hereby amended to add new Paragraphs 6 and 7 as follows: 6. As stated in Paragraph 2 above, on April 26, 2007, the Court entered an Order/Rule directing the respondents to show cause, if any they have, why a Board of Viewers should not be appointed in this case. Judge Kevin A. Hess issued that Order. No other Judge has ruled on any other issue in this case. 7. As stated in Paragraph 5 above, none of the respondents has filed an answer or objection to the Petition. No attorney has filed an entry of appearance on behalf of any respondent to the best knowledge of the undersigned, so there is no concurrence. WHEREFORE, movant respectfully requests that this Court enter an Order to make the Order/Rule absolute and appoint a Board of Viewers in this case. Submitted, 0 Jo ph A. Macbluso, Esq. Sup eme Court I.D. No. 38262 tt ney for Petitioner/Movant P.O. Box 83 Orrstown, PA 17244 (717) 532-4832 VERIFICATION The material facts set forth in this amendment to motion have already been verified by the petitioner in the Petition. I have first-hand knowledge of the additional facts set forth in this amendment to motion, and with respect thereto, 1 verify that the statements made in this amendment to motion are true and correct to the best of my knowledge, information and belief. I understand that if any false statements are made herein I am subject to the penalties of perjury contained in Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: December 6, 2007 CERTIFICATE OF SERVICE I hereby certify that on December 6, 2007, 1 caused to be served true and correct copies of the amendment to motion to make the Order/Rule absolute pertaining to the Petition for Rule To Show Cause Why A Board of Viewers Should Not Be Appointed Pursuant to 36 P.S. Section 2731, upon the following individuals by first class mail postage prepaid: Janine Woods 14995 Patrick Meadows Way Montpelier, VA 23192 Dean E. and Carol W. Leib 74 Harriet Rd. Churchville, PA 18966-1458 Ryan K. Mixell 1319 Means Hollow Rd. Shippensburg, PA 17257 Paul W. Orendorff 998 Beck Rd. Gettysburg, PA 17325 Michele M. Shuller 1215 Means Hollow Rd. Shippensburg, PA 17257 Matthew C. Cramer 833 W. King St. Shippensburg, PA 17257 1 further certify that the statements made herein are true and correct, and I understand that if any false statements were made herein, the same would be subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Dated: December 6, 2007 Crl } r y IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY zt3+8 In Re: Interest of Means Hollow Group LLC } No. 07-ft" Civil Term MOTION FOR AUTHORIZATION TO PUBLISH SERVICE OF PROCESS PURSUANT TO RULE 430 OF THE RULES OF CIVIL PROCEDURE Petitioner Means Hollow Group LLC, by and through its attorney, Joseph A. Macaluso, Esq., respectfully request that this Court authorize publication of service of process in the above-captioned case in accordance with Rule 430 of the Rules of Civil Procedure, and in support thereof aver as follows: 1. Petitioner filed its Petition For Rule To Show Cause Why A Board of Viewers Should Not Be Appointed Pursuant to 36 P.S. Section 2731 in the above-captioned action. 2. A Board of Viewers has been appointed by the Court and a copy of the Order dated February 20, 2008, signed by The Honorable Kevin A. Hess, J., is attached hereto as Exhibit A. 3. Petitioner owns landlocked real estate situate in Southampton Township, Cumberland County, Pennsylvania comprising about 16.76 acres, designated as Tax Parcel # 39-15-0177-035. 4. The nearest public road is Means Hollow Road. 5. Petitioner seeks for the Board of Viewers to lay out a private road for the purpose of ingress, egress, and regress from Means Hollow Road to the lands of petitioner over and across an existing 50-foot wide private right-of-way that abuts petitioner's lands. 6. Joseph F. Holbrook, doing business as "San-Jo Acres", was the developer who caused the existing 50-foot wide private right-of-way and the adjoining lots to be laid out initially. 7. Petitioner reasonably believes, and therefore, avers that San-Jo Acres did not actually convey the 50-foot wide private right-of-way to the adjoining lot owners and apparently retains title. 8. Thus, San-Jo Acres is an interested party. 9. The Pennsylvania Department of State advises that Joseph F. Holbrook registered the fictitious name "San-Jo Acres" on June 30, 1971, listing an office at 36 S. Hanover St., Carlisle, PA. 10. Petitioner has made the following efforts to locate Joseph F. Holbrook. a) Petitioner made telephone contact with Landis and Black, the law firm that occupies 36 S. Hanover St., Carlisle, PA 17013, and that firm advised petitioner that they do not know his whereabouts. b) Petitioner searched the telephone directory and called directory assistance and was unable to locate Joseph F. Holbrook. c) Petitioner engaged an internet search service and was able to find 3 individuals having the name Joseph Holbrook, in Pennsylvania, New Jersey, and Georgia. Petitioner wrote to those individuals on April 13, 2009, explaining this situation and asking that the persons contact petitioner, but petitioner has received no r response. Copies of the letters sent to these 3 persons are attached hereto collectively as Exhibit B. d) Petitioner also sent 2 letters to Joseph F. Holbrook at 36 S. Hanover St., Carlisle, PA 17013, on April 13, 2009, but petitioner has received no response. Copies of these letters are attached hereto together as Exhibit C. 11. It is necessary to serve Joseph F. Holbrook with notice of this action. 12. For the foregoing reasons, petitioner requests that the Court authorize service of process by newspaper publication, once in the Cumberland County Law Journal, and once in the The Patriot News, in lieu of personal service, in accordance with Rule 430 of the Pennsylvania Rules of Civil Procedure. A copy of the proposed notice for publication is attached hereto as Exhibit D, in compliance with Pa.R.C.P. 430(b)(1). 13. Petitioner's attorney has written to the interested parties in this case to ascertain concurrence or any objection to this motion. A copy of the letter is attached hereto as Exhibit E. 14. No objection has been made. 15. No judge has ruled on issues in this case except for the Order referred to in Paragraph 2 above. WHEREFORE, petitioner respectfully requests that the Court authorize service of process upon Joseph F. Holbrook by publication of the attached notice once in the Cumberland County Law Journal, and once in the The Patriot News, in lieu of personal service, pursuant to Rule 430 of the Rules of Civil Procedure. Respectfully Submitted, Joseph A. Macaluso, Esq. up me Court I.D. No. 38262 A ney for Petitioner Means Hollow Group LLC P.O. Box 83 Orrstown, PA 17244 Tel. # (717) 532-4832 VERIFICATION I, Rebecca J. Tran, verify that I am the sole member of Meares Hollow Group LLC, that I am authorized to sign this verification on its behalf, and that the statements made in the foregoing motion are true and accurate to the best of my personal knowledge, information and belief. I understand that my statements are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Rebecca J. Trap Dated: 06Lq 2.7 , 2 ODD y IN RE: INTEREST OF MEANS HOLLOW GROUP LLC IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-2318 CIVIL TERM AND NOW, this ORDER OF COURT z day of February, 2008, the motion of Means Hollow Group LLC to make the Rule to show cause absolute as to why a Board of View should not be appointed, IS GRANTED. William A. Duncan, Esquire, James Sheya and Gary Sausser, are appointed as the Board of View. By the ourt, Kevi A. Hess, J. Joseph A. Macalusv, Esquire P.O. Box 83 Orrstown, PA 17244 William A. Duncan, Esquire Chairman, Board of View Janine Woods 14995 Patrick Meadows Way Montpelier, VA 23192 Ryan K. Mixell 1319 Means Hollow Road Shippensburg, PA 17257 Paul W. Orendorff 998 Beck Road Gettysburg, PA 17325 Dean E. and Carol W. Leib 74 Harriet Road Churchville, PA 18966-1458 Michele M. Shuller 1215 Means Hollow Road Shippensburg, PA 17257 Matthew C. Cramer 833 W. King Street Shippensburg, PA 17257 :sal NA 11 in Ti1:*Afl>=? hiraeof, I blebs unto set my hana a w f sot C!!In't at CNINk. Pa. s?. r Monday April 13, 2009 Mctuvy f lollow Group Po Box 605 Fayetteville PA 17222 Joseph F.Hoibrook 4721 Browns Bridge Rd Gainesvilke GA 30504-5240 Dear Mr, Joseph F Holbrook. My- name is Rebecca Tian and 1 atn Irving to contact vuu in rQgardi to a &N elopment called San Jo Acres created on Junc 30. 1971 in Shipp,;nc?ur;;. VA, If ot.s arC the: sarnc I. Holbrook that is affilWed with this developmeni project. please givi me a call Lit 443-794-6286 or 717-504-0100. ']'he reason that I am contacting yoo is bccouso I recendy purchased a parcel of hand hordcritt,( Stui-Jo Acres and would like to discuss the current rigiltt orway offof.,Nleans I-Ic NW& Rd that you may currently own according to ptjblit? record. I am interested in purchasing, this right ol.way or hcin?: granted a(;c:csti to gym' property through this right of ways. Please convict Inc at your Carliest convenien%x so wu Citn ciisc.uss tlii multe;r. "Thank You, Rebecca run Moans Hollow Group, LLC It B A Monday April 13, 2009 Mewls 110 low Group Po Box 605 Fayctttvillc PA. 17222 Joseph F.Holbrook 18 Peeksail Dr Bay'ville, NJ 08721-1628 Dear Mr. Joseph F Hol brook, My name is ReheGca'[ratl ttttd (atn trykig to contact you in regards to a developrim't callcd San .?o Aues crcatcd on June 30. 1971 in 9hi(,pcnsbvrg, PA, 11'"u arc the s:uttc I. Holbrook that is affil'ated with this devolopnient pt',?jc,i, pleil5c give file „i call at 44-3-794-6280 or 717-504-0100. The reason that 1 am contact-ing. you is Ivcause I recently purchased a parcel of land botdoling Satz-Jo Acres and would !Ike to discuss the cutrcnt riglu ref way {ff of Mato, Hollow Itd that you may currently own according to public record. I. urn. i.nijuv trd in purchasing this right c?f L?tty or heing gi:tntLd access to rely pmpi?rty throLigh this right of way, please contact me al Yoltr earliest cottvenicncc to eve can d.i5cl.rss this tttrttter Thmik you. Rebecca Tran Means I•Tctllow Group. L 1.C Monday April 13, 2009 Means Hollow Groap Po Box 605 Fayetteville PA 1-72221 Joseph F.Holbroo.k 225 Oazdag Rd Genesee, PA 16923-9094 Dcar Mr. Joseph F Holbrook, My name is Rebecca Trail turd l am tryira;g to COMUct vOu in regards to a development called tiara Jo Acres created on June 30) 1971 in Shippensburr. PA. 11'}'ou ale the same.]. Holhrot>}; that is affiliated with this dt:velopmem pro.iect. plcaiso give me a call at 443-794-6286 or. 717-504.0100. The reason that I am coutaetinc: you is b&-cause 1 recently purcht tied a parcel of land &)rderinl; San-Jo Acres and would like to dimmss, the current right of way off 'of Means Hollow Rd thm you may currently own according to pu.blie record. I im I.ntetti.sted in Burch;:+sin.g this right of w,ty or being granted ;I ?ccuss to my prope-rt) through this tight of way. i Pl n, se contact me at vour earliest convenience so we can discust this maitcr. i Thank you, i I Rebecca Tr Means Hollow Groin,, LL.C Monday April 13, 2009 Means Hollow Group Po Box 605 . Fayetteville PA 17222 Joseph. F.Holbrook 36 S Hanover Sireet Carlisle, PA 17013 Dear Mr. Joseph F Holbrook, My name is Rebecca Trig[ and I am tryutg.to convict you in. rcuards to a developmeni called San Jo Acres created on June ;t), 1971 in Shippertsbur?-„ PA. if you are the sarne J. Holbrook that is affiliated wick this develo 't•iitnF ^rtje& plt?ase give nie a oil it "3-794-6286 or 717-504.0100. . . The reason that l any contacting you. is because l .recently purchased a parcel of land bordering San-Jo Acres and would 'like to discuss the curreiii ijght of way off of kleans Hollow ltd that you ma.y.maTently%own.according to public record. am intcrefited in purcha sing this ri lrr cTt'way or ln.i.ng grant& access to my property through this right of ivay. Please contact me at your earliest convenience so we can.discuss this (natter. . Thank you, Rebecca Trait Means Hollow a 7 n i,Gv Monday April 13, 2009 Means I tol IoNv Group Po I3ox 605 Fayetteville PA 17722 Joseph F•Holbrook c% Landis & Black Attorneys at Law 36 S Hanovcr Street Carlisle, FA 1701.3 Dear Mr. Joseph F Holbrook, My narne is RcbeccaFran and I am tryinr to contact )-ott in regards to a development c<rll4d Sall Jo Acres creattad on .1unt- 30, 19'1 in tihiphCnsl}urn. PA. 1f ,'ou are the same J, !-((hook than is affiliated with this developmen, projeci, phase dive me a call at 443.794-6286 or 717-504-0100. The ivason that I am con.tactin.- you is bccaww I re xntly prlrchased a pnrc;el oflaLnd bordering San-Jo Aucs and would like'o discuss the currvni right cif vvnv off of Means I hallow Rd. that you may Currently own according to public rccot'ci. I am interested in purchasing this right ai'vtiay or being -ranted ucccss to my property through this right o.fway. Please Contact me at your carliesi convellicticN n rvc Coln discuss this rnattte?r Thank you. Rehcu;a `I`.rtt Means Hollow Oroup, I.IX! IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY In Re: Interest of Means Hollow Group LLC } No. 07-2218 Civil Term NOTICE Pursuant to Court Order dated , 2009, the within notice is published in lieu of personal service in the above-captioned action, upon Joseph F. Holbrook, doing business as "San-Jo Acres", whose last known address listed with the Pennsylvania Department of State was 36 S. Hanover St., Carlisle, PA, but who no longer has such address and whose present whereabouts are not known to petitioner in this case, after diligent inquiry, in accordance with Rule 430 of the Pennsylvania Rules of Civil Procedure. Notice to: Joseph F. Holbrook, doing business as "San-Jo Acres". Names of parties: Petitioner is Means Hollow Group LLC. Parties of interest include Janine Woods, Dean E. and Carol W. Leib, Ryan K. Mixell, Michele M. Shuller, Paul W. Orendorif, and Matthew C. Cramer, who are owners of properties adjoining the proposed right-of-way described below. Nature of action: The nature of this action is a Petition For Rule To Show Cause Why A Board of Viewers Should Not Be Appointed Pursuant to 36 P.S. Section 2731 for the laying out of a private road for the purpose of ingress, egress, and regress from Means Hollow Road to landlocked real estate owned by petitioner situate in Southampton Township, Cumberland County, Pennsylvania comprising about 16.76 acres, designated as Tax Parcel # 39-15-0177-035. There is an existing 50-foot wide private right-of-way leading from-Means Hollow Road that abuts petitioners lands, however, petitioner has no express right to use this right-of-way. A Board of Viewers has been appointed by the Court. Petitioner seeks the Board of Viewers to lay out a private road for its use over the existing 50-foot wide private right-of-way. Joseph F. Holbrook, doing business as "San-Jo Acres", was the developer who caused the existing 50-foot wide private right-of-way and the adjoining lots to be laid out initially. It is necessary to serve Joseph F. Holbrook with this notice because it is reasonably believed that he did not actually convey the 50-foot wide private right-of-way to the adjoining lot owners and he apparently retains title. 11V 4$ . r± NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH THE INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PENNSYLVANIA BAR ASSOCIATION LAWYER REFERRAL SERVICE TELEPHONE: 1-(800) 692-7375 (PA ONLY) OR (717) 238-6715 0 Id A• JOSEPH A. MACALUSO Attorney at Law P.O. Box 83 Orratown, PA 17244 Admitted to Practice in PA, NJ and NY May 15, 2009 Janine Woods 14995 Patrick Meadows Way Montpelier, VA 23192 Ryan K. Mixell 1319 Means Hollow Rd. Shippensburg, PA 17257 Paul W. Orendorff 998 Beck Rd. Gettysburg, PA 17325 (717) 532-4832 Dean E. and Carol W. Leib 74 Harriet Rd. Churchville, PA 18966-1458 Michele M. Shuller 1215 Means Hollow Rd. Shippensburg, PA 17257 Matthew C. Cramer 833 W. King St. Shippensburg, PA 17257 In Re: Interest of Means Hollow Group LLC (Cumberland County No. 07-2218) Ladies and Gentlemen: With further regard to the above-referenced action, Capital Abstract Corporation has advised me that the existing 50' right-of-way leading from Means Hollow Road was never conveyed by the developer, Joseph F. Holbrook, doing business as "San-Jo Acres". Apparently, he still retains title to the right-of-way. My client has made efforts to locate Mr. Holbrook, without success. Since San-Jo Acres is an interested party, it is necessary to serve Mr. Holbrook with notice of this action. By the end of next week I intend to file a motion with the Court seeking authorization for service of process upon Mr. Holbrook by publication of a notice in the Cumberland County Law Journal and in The Patriot News, in lieu of personal service, in accordance with Rule 430 of the Pennsylvania Rules of Civil Procedure. A copy of the proposed notice for publication is enclosed. The reason I am writing now is to ascertain if you have any objection to this motion; if you do, please let me know. Thank you for your attention to this matter. A. William A. Duncan, Esq. Means Hollow Group LLC 11E A CERTIFICATE OF SERVICE I hereby certify that on June 24, 2009, 1 caused to be served true and correct copies of the motion to authorize publication of service of process upon Joseph F. Holbrook d/b/a San-Jo Acres in lieu of personal service, upon the following individuals by first class mail postage prepaid: Chairman of Board of Viewers William A. Duncan, Esq. One Irvine Row Carlisle, PA 17013 Resr?lents Janine Woods 14995 Patrick Meadows Way Montpelier, VA 23192 Dean E. and Carol W. Leib 74 Harriet Rd. Churchville, PA 18966-1458 Ryan K Mixell 1319 Means Hollow Rd. Shippensburg, PA 17257 Paul W. Orendorff 998 Beck Rd. Gettysburg, PA 17325 Michele M. Shuller 1215 Means Hollow Rd. Shippensburg, PA 17257 Matthew C. Cramer 833 W. King St. Shippensburg, PA 17257 I further certify that the statements made herein are true and correct, and I understand that if any false statements were made herein, the same would be subject to the penalties of 18 Pa. C. S. Section 4904, relating to unswom falsification to authorities. Dated: June 24, 2009 2i 0,3 ;br! x _ IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY a3ia In Re: Interest of Means Hollow Group LLC } No. 07-22.18rivil Term AFFIDAVIT IN SUPPORT OF MOTION 1, Rebecca J. Tran, the sole member of Means Hollow Group LLC, being of full age and sound mind, and having duly affirmed or been sworn according to law, upon her oath, deposes and says: 1. 1 am authorized to make this affidavit. 2. 1 am familiar with the facts in this action. 3. 1 have made the following efforts to locate Joseph F. Holbrook doing business as "San-Jo Acres" whose last known address was at 36 S. Hanover St., Carlisle, PA. a) I made telephone contact with Landis and Black, the law firm that occupies 36 S. Hanover St., Carlisle, PA 17013, and that firm advised that they do not know his whereabouts. b) I searched the telephone directory and called directory assistance and was unable to locate Joseph F. Holbrook. c) I engaged an internet search service and was able to find 3 individuals having the name Joseph Holbrook, in Pennsylvania, New Jersey, and Georgia. I wrote to those individuals on April 13, 2009, explaining this situation and asking that the persons contact me, but I received no response. Copies of the letters sent to these 3 persons are attached to the motion as Exhibit B. d) I also sent 2 letters to Joseph F. Holbrook at 36 S. Hanover St., Carlisle, PA 17013, on April 13, 2009, but received no response. Copies of these letters are attached to the motion as Exhibit C. 4. The foregoing statements are made to the best of my knowledge, information and belief. Rebecca J, Van Affirmed or sworn and subscribed before me this o? day of May, t3O9 All Notary Public COMMONIMEALTH OF PENNSYLVANIA NOTARIAL SEAL LROMMission UELINE L. BECK, Notary Public of Fayetteville, Franklin County Ex 'res June 5, 2012 -MV ,. , Z U3 r i5- JUN 2 5 2009 0; IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY ?Ig In Re: Interest of Means Hollow Group LLC } No. 07-22+8 Civil Term ORDER AND NOW, this ZC day of Cti_ , 2009, a motion having been made by petitioner Means Hollow Group LLC, by and through its attorney, Joseph A. Macaluso, Esq., for authorization to publish service of process in the above captioned action, and after consideration of the motion and supporting affidavit, it appearing to the Court that the identity and whereabouts of Joseph F. Holbrook doing business as "San-Jo Acres" at 36 S. Hanover St., Carlisle, PA, are unknown to petitioner and it further appearing to the Court that personal service cannot reasonably be made upon him, it is ORDERED that petitioner's motion is granted and that petitioner is hereby authorized to effectuate service of process upon said Joseph F. Holbrook by publication of the attached notice, once in the Cumberland County Law Journal, and once in the The Patriot News, in lieu of personal service, pursuant to Rule 430 of the Rules of Civil Procedure. FURTHER ORDERED, that petitioner shall file with the Court, within thirty (30) days of publication, proof of such publication. By the Court, L? , J. FILE17- = :. THE TPFCTHMTA 7009 JUN 26 FM Z. 2 0 CUM86 NTY ;4 C, M-A IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY 73l ? In Re: Interest of Means Hollow Group LLC } No. 07-2-16 Civil Term PROOF OF PUBLICATION I hereby certify that I caused to be published once in the The Patriot News on August 26, 2009, and once in the Cumberland County Law Journal on August 28, 2009, the notice for publication in lieu of personal service upon upon Joseph F. Holbrook, doing business as "San-Jo Acres" that was authorized by the Court in its Order dated June 26, 2009, in this case. A copy of the proof of publication by the The Patriot News, together with the notice published, are attached hereto as Exhibit A. A copy of the proof of publication by the Cumberland County Law Journal, together with the notice published, are attached hereto as Exhibit B. I further certify that the statements made herein are true and correct, and I understand that if any false statements were made herein, the same would be subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Dated: September 15, 2009 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz August 28, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Li a Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 28 dU of August, 2009 Notary rya. P1 4AM A COW NS Nolprd Public ?4 R11, G%WIERLAND 28, ]UNIV CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of the 9th Judicial District of Pennsylvania-Cumberland County No. 07-2218 Civil Term In Re: Interest of Means Hollow Group LLC NOTICE Pursuant to Court Order dated June 26, 2009, the within notice is published in lieu of personal service in the above-captioned action, upon Joseph F. Holbrook, doing business as "San-Jo Acres", whose last known address listed with the Pennsylva- nia Department of State was 36 S. Hanover St., Carlisle, PA, but who no longer has such address and whose present whereabouts are not known to petitioner in this case, after diligent inquiry, in accordance with Rule 430 of the Pennsylvania Rules of Civil Procedure. Notice to: Joseph F. Holbrook, doing business as "San-Jo Acres". Names of parties: Petitioner is Means Hollow Group LLC. Parties of interest include Janine Woods, Dean E. and Carol W. Leib, Ryan K. Mixell, Michele M. Shuller, Paul W. Orendorff, and Matthew C. Cra- mer, who are owners of properties adjoining the proposed right-of-way described below. Nature of action: The nature of this action is a Petition For Rule To Show Cause Why A Board of Viewers Should Not Be Appointed Pursuant to 36 P.S. Section 2731 for the laying out of a private road for the purpose of ingress, egress, and regress from Means Hollow Road to landlocked real estate owned by petitioner situate in Southampton Township, Cumberland County, Pennsylvania comprising about 16.76 acres, des- ignated as Tax Parcel # 39-15-0177- 035. There is an existing 50-foot wide private right-of-way leading from Means Hollow Road that abuts petitioner's lands, however, petitioner has no express right to use this right- of-way. A Board of Viewers has been appointed by the Court. Petitioner seeks the Board of Viewers to lay out a private road for its use over the existing 50-foot wide private right- of-way. Joseph F. Holbrook, doing business as "San-Jo Acres", was the developer who caused the existing 50-foot wide private right-of-way and the adjoining lots to be laid out ini- tially. It is necessary to serve Joseph F. Holbrook with this notice because it is reasonably believed that he did not actually convey the 50-foot wide private right-of-way to the adjoin- ing lot owners and he apparently retains title. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH THE INFORMA- TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. 11 CUMBERLAND LAW JOURNAL CUMBERLAND COUNTY BAR ASSOCIATION LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 Or 1-800-990-9108 (PA only) Aug. 28 12 Theriot-News Co. • 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 JOSEPH A MACALUSO 9614 ROWE RUN LOOP SHIPPENSBURG PA 17257 ZhePatriot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says-, That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid, that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad # 0002W3230 r on the dates shown below: xH t.O RT.0'PCO?ON August 26? 2009 P ?v?'1 iH JUDIP1 'L W 5 Pit C611 IN YANiA COY41SITY Di ./?/ tVM9LiltLA b CUNTY .........? . n Re: Ir teresi of qns°'Hollow rouq LL-C} No. 07.2218-CI Terrh r NOTICE x Sworn to and subscribed before me'this 26` day/of AUgust, 2009 A.D. JU ne Pursuo,nftarpdptrd>3r dated ? A4,rtneaw!Lfptn,nAt oep:Is Puggshed In eu: of persgn,Ql sgrvlce In the gboye t h sptfnned pc Ion, "upon Josep F. Ibr,ttowr dolnp buslness 4s $an.Ja ,` ?C (. ?1 s?-L a- _ ores -'- -- whose,lost known addreiOistetl Notary PU t? thdah_nsviyanlq, ri De?ament of blic rnQCe?{{ure a1c§td e.?t, Joseph F. Holbrook,' doing buslness'IS ian-Jo Acres" N4cttat of,0010s wa e Petlt r' Is ?pir:ryryoRppvvyy Group L6" ?tl?n of tRt? S h81U8¢ Janine roods 060n E. and rb eW ;lb",`RVOn .,?Mlxelg Michele i,US uller -.PpJl W. ?endoiit ?aUttMkt$beW,?G ?Gttlfft7r; who e fa,.ot Proo*rtl"es 01dp1r1Ing the oPOWRposed(CO'ot wav descrltae tow, COMMONWEALTH OF PENNSYLVANIA Notarial %a) Sherrie L, Kisner, NcNa? Hams cmvraslllll? pe EvI ' 26, 2011 Member, Wila A020cletion of NotaNe4 Names of-Parties: Pstltl M is Means ,Hollow Group LLC:' on6fereet mcaude Janine Woods,Dedn E, and'Carol W, Leib, Ryan K. Mixell, Michele M Shuller, auI W. Ortddortf, ahd`Mafthew>C. Cramer, who art owners -op: properties adjoining the. Proposed haht,of4ay described below. Noftre of action: The nature of this actfon4sa Petition For Rule To Show ?Celuii :WhyA Board of Viewers Should _Nof Sect left2'131ltorth'6itiyih6autaf{Y S private; road for the,pur"se of ingress, NOTICE If You wish to defend, You must enter a written appearance persoholly-or by attorney and file Your defenses or objections In writing with the court. You orb warned that if you tali todo so the case may proceed without You and a lugymentmaybeentered againstyou Without further notice for the relief reeuested by the Plolntiffs. You may lose money or Property orother rights Important to you, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU QO N OT-HAVE-KLMY E R i G0 TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE 6AN;RROVIDE!Yptt?WtTHTHE 4AWY WERIr WTPON.A I, LIT HIRINGA LAWY- IF YOU CANNOT: AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE MILE TO PROVIDE YOU WITH INFORMATION ABOUT AGE N Qj E S THAT MAY OFFER LEGAL SER'VICESTO ELIGIBLE PERSONS ATA REDUCED FEE 09 NO FEE. CUMBERLAND COUNTYBAR? ASSOCIATION - LAWYUUgg77RREl= RALSERViCE CARLISLE, PA RDSTREET 17013 TELEPH04E: (717) 249.,1166 ;. QR1ttj?00).D•91.Q?(?pj`ILy? ..??.?..., •.rresoRaA DaUp?j? . Me? 20 Fenn 11 aytvaMD on of Na#"4' Pennsylvdnia;comprislhg about 16:76 acres, designated as Tax Parcel *39-15-, 0177-035. There Is an existing 50-foot wide private right-of-way leading from Means Hollow Road that abuts OF Tic F; ?"!OTARY 2099 SEP 16 PIH 2: 27 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DIST IC ~ ~, OF PENNSYLVANIA -CUMBERLAND COUNTY cn ~~v -o `~-~ Yo In Re: Interest of Means Hollow Group LLC } No. 07-?~48-Civil ~~ ~ `~~g r ~~ 0 CERTIFICATE OF SERVICE I hereby certify that on September 7, 2010, 1 caused to be served true and correct copies of the Report of Board of Vewers dated September 1, 2010, and the Notice of Filing of Report of Viewers filed in this case by the Board of Viewers, upon the following individuals by first class mail postage prepaid: Janine Woods 14985 Patrick Meadows Way Montpelier, VA 23192 Ryan K Mixell 1319 Means Hollow Rd. Shippensburg, PA 17257 Dean E. and Carol W. Leib 74 Harriet Rd. Churchville, PA 18966-1458 Michele M. Shuller 1215 Means Hollow Rd. Shippensburg, PA 17257 I further certify that the statements made herein are true and correct, and I understand that if any false statements were made herein, the same would be subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Dated: September 7, 2010 oseph acaluso, Esq. i .pre Court I.D. No. 38262 A rn for Petitioner Means Hollow Group LLC P.O. ox 83 Qrrstown, PA 17244 Tel. # (717) 532-4832 IN THE COURT OF COMMON PLEAS OF THE OTH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY In Re: Interest of Means Hollow Group LLC } No. 07-??Civil Term MOTION FOR AUTHORIZATION TO PUBLISH NOTICE OF REPORT OF BOARD OF VIEWERS IN LIEU OF PERSONAL SERVICE PURSUANT TO Pa. R. C. P. No. 430 Petitioner Means Hollow Group LLC, by and through its attorney, Joseph A. Macaluso, Esq., respectfully requests that this Court authorize publication of notice of the Report of Viewers in the above-captioned case as to Joseph F. Holbrook, doing business as "San-Jo Acres", in accordance with Rule 430 of the Rules of Civil Procedure, and in support thereof aver as follows: 1. The Board of Viewers in this case issued its Notice of Filing of Report of Viewers dated September 1, 2010 (copy attached hereto as Exhibit A), which stated that the Report shall be filed with the Court on October 1, 2010, and that it shall become final unless an appeal is filed within 30 days. 2. Petitioner served the Notice and Report of Viewers on respondents Janine Woods, Dean E. and Carol W. Leib, Ryan K. Mixell, and Michele M. Shuller on September 7, 2010, as set forth in the certificate of service filed with the Court on September 8, 2010 (copy attached hereto as Exhibit B). 3. No appeal was filed, and accordingly the Report of Viewers became a%s te, the above-named respondents on October 31, 2010.' i- t? -? rn 4. However, one other interested party in this case is Joseph F. Holbr d6ffi ° ca g o o? business as "San-Jo Acres", being the developer of the lands of the above-named respondents, who was served with notice of the within proceeding by newspaper publication in the Cumberland County Law Journal and The Patriot Mews in lieu of personal service in accordance with Rule 430 of the Pennsylvania Rules of Civil Procedure and pursuant to Order of the Honorable Kevin A. Hess, dated June 26, 2009, upon motion and supporting affidavit of petitoner which set forth the extensive but unsuccessful efforts made to locate Mr. Holbrook (a copy of the Order is attached hereto as Exhibit C). 5. Subsequent to the publication of notice of the petition, Mr. Holbrook never contacted petitioner or its counsel, and never entered an appearance or filed any papers in this case. 6. No judge has ruled on issues in this case except for the Order referred to in Paragraph 4 above. 7. Petitioner requests that the Court authorize service of the notice of the Report of Viewers as to Mr. Holbrook by newspaper publication, in the form attached hereto as Exhibit D, once in the Cumberland County Law Journal and once in the The Patriot News, in lieu of personal service, in accordance with Rule 430 of the Pennsylvania Rules of Civil Procedure. 8. Since the Report of Viewers has become final as to all other above-named respondents, there can be no objection to the relief requested. WHEREFORE, petitioner respectfully requests that the Court authorize service of the notice of the Report of Viewers as to Mr. Holbrook by publication of the Notice once in the Cumberland County Law Journal, and once in The Patriot News, in the form attached hereto, in lieu of personal service pursuant to Rule 430 of the Rules of Civil Procedure. Submitted, Jo p A. Macaluso, Esq. SuptWie Court I.D. No. 38262 Attorney for Petitioner Means Hollow Group LLC P.O. Box 83 Orrstown, PA 17244 Tel. # (717) 532-4832 Dated: iZ a Lf -r o VERIFICATION I have first-hand knowledge of the facts set forth in this motion, and I verify that the statements made in this motion are true and correct to the best of my knowledge, information and belief. I understand that if any false statements are made herein I am subject to the penalties of perjury contained in Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Dated: /z --?K -10 A. Macaluso IN RE: INTEREST OF : IN THE COURT OF COMMON PLEAS OF HOLLOW GROUP LLC : CUMBERLAND COUNTY, : PENNSYLVANIA : 07-2318-18 CIVIL TERM NOTICE OF FILING OFREPORT OF VIEWERS Joseph A. Macaluso, Esq. William A. Duncan, Esq. P.O. Box 83 1 Irvine Row Orrstown, PA 17244 Carlisle, PA 17013 Mr. James P. Sheya 433 Mooreland Avenue Carlisle, PA 17013 Mr. R. Gary Sausser 1306 Bosler Place Carlisle, PA 17013 Enclosed herein please find report of the Board of View dated ` , 2010, concerning the determination the granting of a right of way in Sou pton Township, Cumberland County. The report shall be filed in the Office of the Prothonotary of the Court of Common Pleas for Cumberland County on ( i , 2010. The report shall become final unless an appeal therefrom is?l1 within thirty (30) days from the date of the report is filed. Board of View 'lJl/V William A. Duncan, Chairman Board of View A IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY In Re: Interest of Means Hollow Group LLC } No. 07-2218 Civil ?co CERTIFICATE OF SERVICE 0 o -< 1 hereby certify that on September 7, 2010, 1 caused to be served true and correct copies of the Report of Board of Viewers dated September 1, 2010, and the Notice of Filing of report of Viewers fried in this case by the Board of Viewers, upon the foilowing Janine Woods 14995 Patrick Meadows Way Montpelier, VA 23192 Ryan K. Mixed 1319 Means Hollow Rd. Shippensburg, PA 17257 Dean E. and Carol W. Leib 74 Harriet Rd. Churchville, PA 18966-1458 Michele M. Shuller 1215 Means Hollow Rd. Shippensburg, PA 17257 " I further certify that the statements made herein are true and correct, and I understand that if any false statements were made herein, the same would be subject to the penatties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Dated: September 7, 2010 pre Court I.D. No. 38262 A rn for Petitioner Means Hollow Group LLC P.O. ox 83 Orrstown, PA 17244 Tel. # (717) 532-4832 r JUN 5 2009 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY In Re: Interest of Means Hollow Group LLC } No. 07-2218 Civil Term ORDER AND NOW, this day of 2009, a motion having been made by petitioner Means Hollow Group LLC, by and through its attorney, Joseph A. Macaluso, Esq., for authorization to publish service of process in the above captioned action, and after consideration Ofthe motion and supporting affrdavit, it'appewiWte- the Court that the identity and whereabouts of Joseph F. Holbrook doing business as " San-Jo Acres" at 36 S. Hanover St., Carlisle, PA, are unknown to petitioner and it further appearing to the Court that personal service cannot reasonably be made upon him, it is ORDERED that petitioner's motion is granted and that petitioner is hereby authorized to effectuate service of process upon said Joseph F. Holbrook by publication of the attached notice, once in the Cumberland County Law Journal, and once in the The Patriot News, in lieu of personal service, pursuant to Rule 430 of the Rules of Civil Procedure. FURTHER ORDERED, that petitioner shatl file with the Court, within thirty (30) days of publication, proof of such publication. By the Court, TRUE COPY FROM RECORD n T"llmony wherm, I tie "unto set my ININ na the seal said .C at C?rlta? Pa. C IN THE COURT OF COMMON PLEAS OF THE OTH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY In Re: Interest of Means Hollow Group LLC } No. 07-2218 Civil Term NOTICE OF FILING OF REPORT OF VIEWERS TO: Joseph F. Holbrook, doing business as "San-Jo Acres" The Board of Viewers in the above-captioned case issued a Notice of Filing of Report of Viewers dated September 1, 2010, stating that the Report of Viewers shall be filed with the Court on October 1, 2010, and shag become final as to respondents unless an appeal is filed within 30 days. No appeal has been filed. The Board in its Report laid out a private road over and across the center of an existing 50-foot wide private right- of-way, twenty five feet in width. This publication shall serve as notice to Joseph F. Holbrook, doing business as 'rSan-Jo Acres', that the Report of Viewers shag become final as to him unless an appeal is fined within 30 days of this publication. JOSEPH A. AUCALUSO Attorney at Law P.O. Box 83 Orratown, PA 17244 Admitted to Practice in PA, NJ and NY December 23, 2010 Means Hollow Group LLC Attn.: Rebecca J. Tran and Ray Gilbert P.O. Box 605 Fayetteville, PA 17252 (717) 832-4836 In Re: Interest of Means Hollow Group LLC (Cumberland County No. 07-2218) Dear Rebecca and Ray: In my recent discussions with William A. Duncan, Esq. over the past month, he indicated that in Cumberland County all that is required is the notice of the filing of the Report of Viewers stating that the Report of Viewers shall be filed with the Court and shall become final as to respondents unless an appeal is filed within 30 days. In this case, no appeal has been filed since Mr. Duncan filed the Report of Viewers on October 1, 2010, and so the Report of Viewers became final on October 31, 2010. However, since you and I discussed publishing the notice as to Joseph F. Holbrook doing business as "San-Jo Acres", I prepared and enclosed a copy of my motion for publication filed with the Court. Thank you for payment of my final invoice in this matter. The only payment remaining will be the newspaper invoices which I will forward to you when received. Si cerely, ,;Jos ph A. Macaluso DEC 2 9 YU10 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY In Re; Interest of Means Hollow Group LLC No. 07-2248-Civil Term ORDER AND NOW, this R-o! day of :rx ? r , 2010, a motion having been made by petitioner Means Hollow Group LLC, by and through its attorney, Joseph A. Macaluso, Esq., for authorization to publish the notice of the filing of the Report of Viewers in the above-captioned case as to Joseph F. Holbrook doing business as "San-Jo Acres", and after consideration of the motion and exhibits, it appearing to the Court that the whereabouts of Joseph F. Holbrook have been unknown to petitioner and it further appearing to the Court that personal service cannot reasonably be made upon him, it is ORDERED that petitioner's motion is granted and that petitioner is hereby authorized to serve the notice of the filing of the Report of Viewers upon said Joseph F. Holbrook by publication of the attached notice, once in the Cumberland County Law Journal, and once in the The Patriot News, in lieu of personal service. FURTHER ORDERED, that petitioner shall file with the Court, within thirty (30) days of publication, proof of such publication. By the Court, J. y--ro `? ?a A Maealuso, bel 7' eS M Cop' $? << brl a IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY In Re: Interest of Means I hereby certify that I ci service authorized by the 1 the Cumberland County L, 2011, and in the Patriot Ni Copies of the proof of pub I further certify that the understand that if any fals subject to the penalties of falsification to authorities. Dated: March 9, 2011 ow Group LLC } No. 07-224$ Civil Tema -<A o CD , FICATION OF PUBLICATION =o - n _ ed to be published the notice in lieu of persoi - °rn v art in connection with the above-captioned case-In co = Journal per its billing statement dated February 4, per its billing statement dated February 28, 2011. ition by each newspaper are attached hereto. statements made herein are true and correct, and I statements were made herein, the same would be 8 Pa. C. S. Section 4904, relating to unsworn AseDli A. Macaluso The Patriot-News Co. 2020 Technology Pkwy Suite 300 MechanicsbuLs,.PA 17050 Inquiries - 717-255-8213 JOSEPH A MACALUSO 9614 ROWE RUN LOOP SHIPPENSBURG z4f atr1*0t'WXfW5 Now you know 'A 17257 THE PATRIOT NEWS E SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according That she is a Staff Accountant of The P< Commonwealth of Pennsylvania, with its princip? Township of Hampden, County of Cumberland, Patriot-News newspapers of general circulation, aforesaid; that The PatPtot-News and The Sunda respectively, and all have been continuously pub That the printed notice or publication wh daily and/or Sunday/ Community Weekly edition; Company is interested in the subject matter of s? to the time, place and character of publication an That she has personal knowledge of the behalf of The Patriot-News Co. aforesaid by virtu stockholders and board of directors of the said C in and for said County of Dauphin in Miscellaneoi PUBLICATION COPY law, deposes and says: triot News Co., a corporation organized and existing under the laws of the I office and place of business at 2020 Technology Pkwy, Suite 300, in the ?tate of Pennsylvania, owner and publisher of The Patriot-News and The Sunday )rinted and published at 1900 Patriot Drive, in the City, County and State Patriot-News were established March 4th, 1854, and September 18th, 1949, shed ever since; ;h is securely attached hereto is exactly as printed and published in their regular which appeared on the date(s) indicated below. That neither she nor said id printed notice or advertising, and that all of the allegations of this statement as true; and acts aforesaid and is duly authorized and empowered to verify this statement on and pursuant to a resolution unanimously passed and adopted severally by the )mpany and subsequently duly recorded in the office for the Recording of Deeds s Book "M", Volume 14, Page 317. This ad # 0002122972 ran on the dates shown below: January 31, 2011 1 ; rn to an -subScrYbed before m this d o ebruary, 2011 A.D. Notary Public COMMONWEALTH OF PENNMVANL4 Noterbl Sea Slerrle l L Notpy public Lower ?axton TWp., Dauphin Coup My Cmnmwwn &Pho Nov. 26. 2011 M nnsvivanla Assocyatlon of Notaries PROF OF PUBLICATION OF NOTICE IN UMBERLAND LAW JOURNAL (Under Act !No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PEN NSYLVANIA : COUNTY OF CUMBERLAN . ss. Lisa Marie Coyne, Esq State aforesaid, being duly swo Journal, a legal periodical publi was established January 2, 1952 periodical for the publication of issued weekly in the said Count exactly the same as was printed uire, Editor of the Cumberland Law Journal, of the County and , according to law, deposes and says that the Cumberland Law hed in the Borough of Carlisle in the County and State aforesaid, and designated by the local courts as the official legal 11 legal notices, and has, since January 2, 1952, been regularly , and that the printed notice or publication attached hereto is n the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz February 4, 2011 Affiant further deposes th Law Journal, a legal periodical o matter of the aforesaid notice or statements as to time, place and c at he is authorized to verify this statement by the Cumberland general circulation, and that he is not interested in the subject advertisement, and that all allegations in the foregoing haracter of publication are true. __-- L sa Marie Co yn Editor SWORN TO AND SUBSCRIBED before me this 4 day of February, 2011 f I Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My commission Expires Apr 28, 2014 i CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of the 9th Judicial District of Pennsylvania-Cumberland County No. 07-2218 Civil Term In re: Interest of Means Hollow Group LLC NOTICE OF FILING OF REPORT OF VIEWERS TO: Joseph F. Holbrook, doing busi- ness as "San-Jo Acres" The Board of Viewers in the above-captioned case issued a Notice of Filing of Report of Viewers dated September 1, 2010, stating that the Report of Viewers shall be filed with the Court on October 1, 2010 and shall become final as to respondents unless an appeal is filed within 30 days. No appeal has been filed. The Board in its Report laid out a private road over and across the center of an existing 50-foot wide private right-of- way, twenty five feet in width. This publication shall serve as notice to Joseph F. Holbrook, doing business as "San-Jo Acres", that the Report of Viewers shall become final as to him unless an appeal is filed within 30 days of this publication. Feb. 4