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Home My WebLink About08-4939CHRISTOPHER J. KEEGAN IN THE COURT OF COMMON PLEAS OF and AUDREY R. KEEGAN CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2008- t fc,3 CIVIL TERM ANNE M. COX CIVIL ACTION - LAW Defendant COMPLAINT AND NOW, comes the Plaintiffs in the above-captioned matter, by and through their attorney, Michael A. Scherer, and aver the following: 1. Plaintiffs, Christopher J. Keegan and Audrey R. Keegan (hereinafter "Keegans"), are adult individuals, husband and wife, residing at 639 West Old York Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. Defendant, Anne M. Cox (hereinafter "Cox"), is an adult individual, residing at 631 West Old York Road, Carlisle, Cumberland County, Pennsylvania 17015. 3. Title to 639 West Old York Road, Carlisle, Cumberland County, Pennsylvania, became vested in the Keegans by virtue of their deed dated July 25, 2007 and recorded in the Office of the Recorder of Deeds of Cumberland County at Deed Book 281, Page 624, Parcel Number 08-11-0292-008 (hereinafter "Keegan tract"), which deed is attached hereto as "Exhibit A." 4. The Keegans and their predecessors in title have been in continuous and exclusive possession of the Keegan tract. 5. Defendant, Anne M. Cox, and her deceased husband, Jennings F. Cox, took title to 631 West Old York Road by deed dated August 19, 1974 and recorded in the Office of the Recorder of Deeds of Cumberland County at Deed Book 25, Volume T, Page 159, Parcel Number 08-11-0290-008 (hereinafter "Cox tract"), which deed is attached hereto as "Exhibit B." 6. Jennings F. Cox died in early 2008, whereupon title to the Cox tract became vested in Anne M. Cox alone. 7. The Keegan and Cox tracts are contiguous and are located on the north side of West Old York Road in Dickinson Township, Cumberland County, Pennsylvania. 8. The Keegan tract is 29.7 acres in size and the Cox tract is 3.045 acres. The Cox tract lies east of the Keegan tract. 9. There exists a strip of land which is referred to as "a lane 19 feet wide" on the Keegan tract near its boundary with the Cox tract. The lane has also been referred to as a 19 foot wide lane" and an "existing farm lane." The strip of land will hereinafter be referred to as the "farm lane." 10. Cox maintains that she is the owner of the farm lane by virtue of her deed dated August 19, 1974. 11. Cox and/or her family and guests have occasionally trespassed upon the farm lane over the objection of the Keegans since the Keegans took title to the Keegan tract. COUNT I -ACTION TO QUIET TITLE PURSUANT TO PA. R.C.P. 1061(b)(1) 12. The Keegans hereby incorporate by reference all of the averments in paragraphs 1 through 11 above. 13. The Keegans are the legal owners of the farm lane by virtue of their deed referenced in paragraph three above and wish to extinguish the claim of ownership of the farm lane by Cox. WHEREFORE, the Keegans respectfully request this Honorable Court enter an Order directing Cox to file an action in ejectment against the Keegans relative to the farm lane or be forever barred from asserting any right, title or interest in the farm lane. COUNT II - ACTION FOR DECLARATORY JUDGMENT PURSUANT TO 42 PA.C.S.A. Section 7531 et sep 14. The Keegans hereby incorporate by reference all of the averments in paragraphs 1 through 13 above. 15. An actual controversy exists regarding ownership of the farm lane. WHEREFORE, the Keegans respectfully request this Honorable Court enter an Order declaring the Keegans are the lawful owners of the farm lane. Respectfully submitted, O'BRIEN, BARIC & SCHERER 4 Mi a I A. Scherer, Esquire I. D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs VERIFICATION The statements in the foregoing Complaint are based upon information which has been assembled by our attorney in this litigation. The language of the statements is not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.§ 4904 relating to unsworn falsifications to authorities. Date: R. /S'' 03 Date: h? -f o$ top r J. Kee n Audre . Keegan t./1 0'30 Tax Parcel * 08-11-0292-008 r• !tGLER JUL 25 Pn 4 01 6L qMW MADE Z Sru this -TuII day of , 2007, BETWEEN RICHARD A. PRZYBYL and LINDA E. PRZYBYL, husband and wife, of Carlisle, Cumberland County, Pennsylvania, "GRANTORS", AND CHRISTOPHER J. KEEGAN and AUDREY R. KEEGAN, husband and wife, of Carlisle, Cumberland County, Pennsylvania, "GRANTEES", WITNESSETH, that in consideration of the sum of One and 00/100 ($1.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey in fee simple to said Grantees, their heirs and assigns, as tenants by the entireties, ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a final subdivision plan prepared by Eugene Albert Hockensmith, Registered Surveyor, which said subdivision plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 43, Page 9, as folk)ws: BEGINNING at a railroad spike in the centerline of Old York Road, in line of lands now or formerly of Raymond J. Wiss and Barbara Wiss, his wife; thence by lands now or formerly of said Raymond J. Wise and Barbara Wiss, his wife, North 2 degrees 01 minute 30 seconds West 1646.34 feet to an iron pin; thence by Lot No. 2 on said subdivision plan, North 87 degrees 58 minutes 30 seconds East 922.77 feet to an iron pin; thence by lands formerly of James A. Stone and Mary Ellen Stone, South 1 degree 12 minutes 40 seconds West 486.25 feet to an angle iron at post; thence by lands now or formerly of Jennings F. Cox, South 1 degree 14 minutes 10 seconds West 875.77 feet to a nail and cap in the centerline of said Old York Road; thence by the centerline of said Old York Road, South 69 degrees 25 minutes 48 seconds West 18.48 feet to a railroad spike; tyofl/ 26:L PAGE 67-4 "Exhibit A" thence by lands now or formerly of Charles L. Snyder, North 0 degrees 36 minutes 46 seconds East 80.36 feet to an iron pin at post; thence by the same, South 73 degrees 38 minutes 37 seconds West 323.50 feet to an iron pin at post; thence by the same, South 1 degree 37 minutes 09 seconds West 106.59 feet to a railroad spike in the centerline of said Oki York Road; thence by the centerline of said Old York Road, South 69 degrees 25 minutes 48 seconds West 273.14 feet to a spike; thence by the same, South 69 degrees 50 minutes 48 seconds West 267.28 feet to a railroad spike, the point and place of BEGINNING. BEING Lot No. 1 on said subdivision plan, and CONTAINING 29.7 acres. BEING improved with a two story brick dwelling house and attached garage known and numbered as 639 West Old York road, Carlisle, Pennsylvania. UNDER AND SUBJECT, NEVERTHELESS, to the conditions and restrictions noted on said subdivision plan. BEING the same premises which James A. Stone and Mary Ellen Stone, his wife, by Deed dated August 31, 1987 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 32-X Page 129, granted and conveyed unto Richard A. Przybyl and Linda E. Przybyl, Grantors herein. AND the said Grantors hereby warrant specially the property herein conveyed. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and year first above written. and A. P I 40 Linda E. Przybyl DOOK 281 PAGE 625 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :ss. On this the asklay of J U 1 , 2007, before me, the undersigned officer, personally appeared Richard A. Przybyi and Linda E. Przybyl, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. WITNESS my hand and official seal the day and year first above written. a-Avcd? ? w? (SEAL) Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Sal Mwida L Fisher, Ncl" Public Cadwe am, Ctanberkm CourKy My ConnrNion Expires Apr. 17, 2010 Member. Pennsylvania Association of Notaries I hereby certify that the precise residence an?1 complete post office address of the within named Grantees is (03? Guest Old Yod< 12oad, Carl Isic, PA I7O1s. vi Z i 007 g Y ??N?W^70?t111J1?? Ki ?58?!8885?'S88S?? 9 1001 P- - S 1191*y for Grantees ? C f'? G i s t s ?r" De recorded i rt Cumberland C A. W ounty PA Recorder of Deeds Ir Boo% 281 PAGE 626 REV-183 EX (1141) REALTY TRANSFER TAX REC0IRD®t'3 USE ONLY stab Tax Paw , COMMONWEALTH OF PENNSYLVANIA STATEAI M OF VALUE Book Number DEPARTMENT OF REVENUE Papa Number aUMAU OF IN W4DUAL TAXES Po BOX 28= See Reverse for Instructions Dab R - ed -??-? HARPJMWQ PA 1712e-08M Complete each aeclbn and file in duplicate with Recorder of Deeds when (1) 1he full valuelconaideradon Is not set forth In the deed, (2) when the deed is wBhout consideration, or by gift, or (3) a tax exemption Is claimed. A Statement of Value is not required If the transfer Is wholly exempt from tax based on: (1) family relationship or (2) public utility easement. If more space is needed, attach additional sheens). A. CORRESPONDENT - All Inquiries may be directed to the following person: Noma Telephone Number. C cLl r. SC.he?-cr~ E s u i m j (717) q -(873p s r.aa eSL Soutw S mc? C Code Carl (51c TA- 0(3 I RIM" 8. TRANSFER DATA Date of Arse nce of Document Graroo?(s s) rantee(s essWe) 1 n L. Oda E. PrZ ! ri T 1;Iev j . and Awtt R. kcc a 5psot Address Str" Address /b r cs? Old orK Road 0 R a u a.n o diva C fate Zip Code C State Zip Cods rf tsla? A 17015arl 151 PA 1705 C. PROPERTY LOCATION V94 JCst Old YO 1< Road c t nso? TowYlsl41 ty col District Tax PwqO Number r vi, r-1 is it rca Schoo ( o R- I l - 01) 9 a - oo 9 D. VALUATION DATA 1. Cash Consideration 2.Oth Consideration 3. T Consideration 7a5'00401 00 + 0.00 = '7 a-s GOO. 00 4. County Assessed value S. Common Level Ratio Factor e. Fair Market Val X E. EXEMPTION DATA 1a. Amount of Ex o ption Claimed 1b. Percentage ofInterest Conveyed ` a 0 2. Check Appropriate Box Below for Exemption Claimed ? Will or intestate succession (Name or t (Estate File Number) ? Transfer to Industrial (Development Agency. ? Transfer to a trust. (Attach complete copy of trust agreement identifying all beneficiaries.) ? Transfer between principal and agent. (Attach complete copy of agency/straw party agreement.) ? Transfers to the Commonwealth, the United States and Instrumentalities by gift, dedication, condemnation or in lieu of condemnation. (If condemnation or in lieu of condemnation, attach copy of resolution.) ? Transfer from mortgagor to a holder of a mortgage in default. Mortgage Book Number , Page Number ? Corrective or confirmatory deed. (Attach complete copy of the prior deed being corrected or confirmed.) ? Statutory corporate consolidation, merger or division. (Attach copy of articles.) ? Other (Please explain exemption claimed, if other than listed above.) Under peraeMos of law, l declare that I have examined this statement, Including accompanying information, and to the bast of my knowledge and belief, it Is true, correct and compNb. Sipnatuti Carnspondent or esponsible Party Dab ?? yz? 7 d5 -a7 FAILURE TO COMPLETE THIS FORM PROPERLY OR ATTACH APPLICABLE DOCUMENTATION MAY RESULT IN THE RECORDER'S REFUSAL TO RECORD THE DEED. eoaK 281 ?6--E 6V. 1 r •. 1 ., TF 2557 6 TF. 4946 • - 291.a7-w-m.tr-Dmd. Shat Porn. Act of 1008. Sled* ea,.. Ibety Nall. Ina., bdlsa.. Pa. / RCRECOADERFOF DEEDS QUNBERLARO COUNTY • PENNSYIYANIA IN 19 11 27 AN '74 MADE THE 9 day of In the year of our Lord one thousand nine hundred Seventy-Four. BETWEEN RODNEY M. WITMER and MARY K. WITMER, his wife, of the Borough of Carlisle, Cumberland County, Pennsylvania, Grantors , and JENNINGS F. COX and ANNE M. COX, his wife, of Dickinson Township, Cumberland County, Pennsylvania, Granters , WITNESSETH; that in consideration of THIRTY=THREE THOUSAND FIVE HUNDRED ($33,500.00) Dollars, In hand paid, the receipt whereof Is hereby acknowledged, the said grantor s do hereby grant and convey to the said grantee s , ALL that certain tract of land with the improvements thereon erected, situate in Dickinson Township, Cumberland County, Pennsylvania, more fully described as follows: BEGINNING at an iron pin in the York Road on the line between the tract hereby conveyed.-and lands now or formerly of Mrs. Robert Peffer; thence by the latter:lands North 2 1/2 degrees West 51.6 perches to a stone; thence by the same South 74,,degrees West 9.5 perches to a post in the line of land now or formerly of P. V. Ahl; thence by the same South 2 1/2 degrees East 53.1 perches to a stone in the said York Road; thence by.said.York Road,-North S6 3/4 degrees East 10.05 perches to the place of BeginningContaining:3 Acres 6. perches according to survey of S. J. Tritt, Co.; Surveyor,-dated August 18, 1899. BEING the same property which W. G. Morrison and Ruth A. Morrison, his wife, by deed dated June 1, 1950, and recorded in Cumberland County Deed Book 14 "I" 581, granted and conveyed unto Rodney M. Witmer and Mary K. Witmer, his wife, Grantors'herein. ti . Cumb.?Co., Pe. School Dist. Cumb. Co., Pa • Y% Real Estate Tun,br Tax 7'•SZ' 75 .??. RantOEdvu Tra.d.r Tax - as .. A.h rc 11 a. • ?. C.n?. . DId. U. A ...s. Ce. OW. GL S COpd.N.p'v\YEAITFI OF PC."dA:SY!:V1P:i„ ulP: 4i;wtNT Qt REVENUE ° 1AX\;i:R AUDI9•td t• 3 ^ 5 o o P.- .I IS2 _ AND the said grantor hereby covenant and agree that they and each of them will warrant generally the property hereby conveyed. 800(7'23 PACE 159 "Exhibit B" . r. d yi IN WITNESS WHEREOF, said grantor 3 he VC hereunto set their hand 3 and seal 3 the day and year first above written. ; *ienrl, kralrb amb Items" ney"M. Witmer y in at Iqr ?rrssan - // Q 1 ????? Witmer %VXW NNary K ? . t A7.NL. e? r r i state of PENNSYLVANIA Iss ?t County of CUMBERLAND On this, the (9 - day of tV , 19,74 , before me, o t t? the undersigned officer, personally appeared Rodney M. Witmer and Mary K. Witmer, ii his wife, I! hpaWH'1"'itre•Lor satisfactorily proven) to be the person S whose name s are subscribed to the with. /y ,: kiirltiu eAV1ed acknowledged that they executed some for the purposes therein contained. 04WE* WHEREOF,,. I hereunt 1 o set my hand nd official Seeall..? t' `tip a ... '. U f i s •'' ='•?''-' } ...._._._ efe?r. T uauc , ?•r . : S? ` }, •r/ ' • ? a., ' V ' ?•O ?SYID - . ` ARY P NO w,Icamm!raiab.f?i/ra?hmwtft1L.11?3 l g h "lkee0 ' :,;.1? j?. . , Ov .' am at l ??. immbs.f e, Tithe of Officer.. do hereby certify that the precise residence and m pleld oiRee address of the within named grantee Is ;j 19 7fO' i Attorney for,, K A ?+ JIM ?aer1 W a 0 N z - ? W U W ? S U ED a ?. z Z Z, ti 0 R 411 ti I I COMM EALTH F PENNSYLVANIA Q ss. ttt is RECORDED on this . __ _? day of A. D. 19y2 in the Recorder's oifln of the sold County, Deed go" -7- .. { Vol. _ Pooo --yL?-?-F--. Given under my hand and the seal o id offiu, the dam a w wrlnen. Reeorda. 1=7"25 ?Ace 160, s / v 'Np W w w C .J N C? 1 ?? cI ?r- r r. J CHRISTOPHER J. KEEGAN and AUDREY R. KEEGAN Plaintiffs V. ANNE M. COX Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4939 CIVIL TERM CIVIL ACTION - LAW ACCEPTANCE OF SERVICE I accept service of the Complaint on behalf of the Defendant, Anne M. Cox and certify that I am authorized to do so. Date: - M% William P. Douglas, Es ire I.D.# 37 43 West South Street Carlisle, Pennsylvania 17013 (717) 243-1790 Attorney for Defendant cl- CL. 44,E ?- :. C-D '. Q CUD ? N DOUGLAS LAW OFFICE 43 W. SOUTH ST. POB 261 CARLISLE PA 17013 TELEPHONE 717-243-1790 WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D. # 37926 . .................................................................................................................................... ...................................................................................................................................................................: Christopher J. Keegan Audrey RIn te Court of Common Pleas of Keegan Cumberland County Pennsylvania Plaintiffs vs No. 08- 4939 Civil Term Anne M. Cox Defendant Civil Action Law ............ ............................... ............................................ ................................................ .............. ...................................................................................................................................................... Defendant's Answer and New Matter 1. Admitted. 2. Admitted. 3. Admitted in part and Denied in part. It is admitted that the deed reference is where the Keegans took title, it is specifically denied that said deed fairly and accurately describes the property owned by the Keegans and strict proof thereof is demanded. 4. Denied as stated. It is denied that Keegans and their predecessors have been in continuous and exclusive possession as claimed and strict proof thereof is demanded. To the contrary, Cox has been in exclusive possession and control of the lane in question since 1974. 5. Admitted. 6. Admitted. 7. Denied as stated. It is admitted that portions of said tracts may be contiguous. 8. Denied as stated. It is admitted that the said tracts are 29.7 acres more or less and 3.045 acres more or less. 9. Denied. A lane nineteen (19) feet wide is described in Cumberland County Recorder of Deeds deed book 11-K-14. It states the Keegan tract of land borders the western side of the lane. It does not include the lane in the Keegan chain of title to which the Keegans now are attempting to claim ownership. 10. Admitted with clarification. It is admitted that Cox is the owner of the lane in question by virtue of her deed or in the alternative as by having been in exclusive possession of the same for the past 33 plus years. Since Cox purchased the property in question, the lane was abandoned for ingress and egress purposes by everyone except Cox and the lane in question has been apart of their backyard. 11. Denied. Cox and her family have been in exclusive possession and control of said lane since they purchased their property and therefore had every right to occupy the lane in question. It is admitted that they have been harassed by Christopher Keegan since he and his wife purchased their property on July 25, 2007. The property of the Keegan borders the western side of the 19 foot strip of land but does not include it. As a result Keegan has no ownership interest in the 19 foot strip of land in question. Count 1 Action to Quiet Title Pursuant to Pa. R.C.P.1061(b)(1) 12. The responses to paragraphs 1 through 11 are incorporated herein and reference is made thereto. 13. Denied. Keegans are not the owners of the farm lane and no one in their chain of title has ever owned the farm lane. Wherefore, it is prayed the claim of the plaintiffs be dismissed because the lane in question is not in their chain of title. Count 2 Action for Declaratory Judgment Pursuant to 42 Pa.C.S.A. § 7531 et. seq. 14. The responses to paragraphs 1 through 11 are incorporated herein and reference is made thereto. 15. Denied. There is no controversy regarding the ownership of the lane in question, as the Keegans have no ownership interest in said lane and are not in possession of said lane. Due to the fact that Keegans are out of possession of the lane it is their burden to file an ejectment action to advance their claim. Wherefore, it is prayed that an Order be entered declaring that Anne M. Cox is the lawful owner of the 19 foot strip of land in question. In the alternative, it is respectfully prayed that the Keegans be compelled to file an Action in Ejectment or be forever barred from asserting any right, title or interest in said 19 foot strip of land. New Matter 16. The plaintiffs fail to state a cause of action as they have no ownership interest in the lane in their chain of title. Wherefore, it is prayed that an Order be entered declaring that Anne M. Cox is the lawful owner of the 19 foot strip of land in question. Respectfully Submi William P. Douglas, Attorney for Defendant Affidavit I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Qtx? (&A defendant September 23, 2008 CZY map Z 3 q a DOUGLAS LAW OFFICE 43 W. SOUTH ST. WILLIAM P. DOUGLAS, ESQ. POB 261 Supreme Court I.D.# 37926 CARLISLE PA 17013 TELEPHONE 717-243-1790 Christopher J. Keegan and Audrey R. In the Court of Common Pleas of Keegan Cumberland County Pennsylvania Plaintiffs vs Anne M. Cox No. 08- 4939 Civil Term Defendant Civil Action Law Defendant's Answer and Amended New Matter 1. Admitted. 2. Admitted. 3. Admitted in part and Denied in part. It is admitted that the deed reference is where the Keegans took title, it is specifically denied that said deed fairly and accurately describes the property owned by the Keegans and strict proof thereof is demanded. 4. Denied as stated. It is denied that Keegans and their predecessors have been in continuous and exclusive possession, as claimed and strict proof thereof is demanded. To the contrary, Cox has been in exclusive possession and control of the lane in question since 1974. 5. Admitted. 6. Admitted. .w 7. Denied as stated. It is admitted that portions of said tracts may be contiguous. 8. Denied as stated. It is admitted that the said tracts are 29.7 acres more or less and 3.045 acres more or less. 9. Denied. A lane nineteen (19) feet wide is described in Cumberland County Recorder of Deeds deed book 11-K-14. It states the Keegan tract of land borders the western side of the lane. It does not include the lane in the Keegan chain of title to which the Keegans now are attempting to claim ownership. 10. Admitted with clarification. It is admitted that Cox is the owner of the lane in question by virtue of her deed or in the alternative as by having been in exclusive possession of the same for the past 33 plus years. Since Cox purchased the property in question, the lane was abandoned for ingress and egress purposes by everyone except Cox and the lane in question has been apart of their backyard. 11. Denied. Cox and her family have been in exclusive possession and control of said lane since they purchased their property and therefore had every right to occupy the lane in question. It is admitted that they have been harassed by Christopher Keegan since he and his wife purchased their property on July 25, 2007. The property of the Keegans borders the western side of the 19 foot strip of lanfi but does not include it. As a result Keegan has no ownership interest in the 19 foot strip of land in question. Count 1 Action to Quiet Title Pursuant to Pa. R.C.P.1061(b)(1) 12. The responses to paragraphs 1 through 11 are incorporated herein and reference is made thereto. 13. Denied. Keegans are not the owners of the farm lane and no one in their chain of title has ever owned the farm lane. Wherefore, it is prayed the claim of the plaintiffs be dismissed because the lane in question is not in their chain of title. Count 2 Action for Declaratory Judgment Pursuant to 42 Pa.C.S.A. § 7531 et. seq. 14. The responses to paragraphs 1 through 11 are incorporated herein and reference is made thereto. .a 15. Denied. There is no controversy regarding the ownership of the lane in question, as the Keegan have no ownership interest in said lane and are not in possession of said lane. Due to the fact that Keegans are out of possession of the lane it is their burden to file an ejectment action to advance their claim. Wherefore, it is prayed that an Order be entered declaring that Anne M. Cox is the lawful owner of the 19 foot strip of land in question. In the alternative, it is respectfully prayed that the Keegans be compelled to file an Action in Ejectment or be forever barred from asserting any right, title or interest in said 19 foot strip of land. Amended New Matter 16. The plaintiffs fail to state a cause of action as they have no ownership interest in the lane in their chain of title. 17. The plaintiffs are barred by the doctrine of waiver and/or estoppel and / or collateral estoppel and / or res judicata. The plaintiffs' successor in interest filed an action to quiet title and in said action establishing that the boundary line of the property is along the western side of the 19 foot lane in question. Said Action to Quiet Title is docketed at 91 September Term 1974 in the Court of Common Pleas of Cumberland County, Pennsylvania. The plaintiffs' successor in interest established that they do not own the lane in question and further established that the 19 foot lane is specifically excluded from the legal description of their property. Said Decree of Court is filed in the Office of Recorder of Deeds in and for Cumberland County Pennsylvania at Deed Book 25 "T" page 583 on August 28, 1974. Wherefore, it is prayed that an Order be entered declaring that Anne M. Cox is the lawful owner of the 19 foot strip of land in question. Respectfully Submitted, William P. Douglas, Es . Attorney for Defendant Co September 30, 2008 L . ... Affidavit I hereby swear or affirm that the foregoing is true and correct to the best of my knowledge and/or information and belief. This is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. William P. Dougl Esq. Counsel for Defe ant September 30, 2008 =. n ' JU (? `Y T ? A t, CHRISTOPHER J. KEEGAN IN THE COURT OF COMMON PLEAS OF and AUDREY R. KEEGAN CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2008-4939 CIVIL TERM ANNE M. COX CIVIL ACTION - LAW Defendant REPLY TO NEW MATTER 16. The allegations in Paragraph 16 are a conclusion of law and no response is required. 17. The allegations in Paragraph 17 are a conclusion of law and no response is required. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I.D. No. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs mas.d ir/realestate/keegan/newmatter. rep VERIFICATION The statements in the foregoing Reply To New Matter are based upon information which has been assembled by our attorney in this litigation. The language of the statements is not our own. We have read the statements; and to the extent that they are based upon information which we have given to our counsel, they are true and correct to the best of our knowledge, information and belief. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. f ;DATE: fG' I !JIJi/h? --. ?' - ?C n h r J. Keeg Audr .Keegan J CERTIFICATE OF SERVICE I hereby certify that on October 16, 2008, I, Jennifer S. Lindsay, secretary at O'Brien, Baric & Scherer, did serve a copy of the Reply To New Matter, by first class U.S. mail, postage prepaid, to the party listed below, as follows: William P. Douglas, Esquire 43 West South Street Carlisle, Pennsylvania 17013 C..J PRAECIPE FOR LISTING CASE FOR TRIAL (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY Please list the following case: ? for JURY trial at the next tern of civil court. 0 for trial without a jury. -- - - -- - ---- - -------------- - - ---- - ---- - --- ----------- - -- - ------------------------------------------------- CAPTION OF CASE (entire caption must be stated in full) (check one) ER Civil Action - Law ? Appeal from arbitration CHRISTOPHER J. KEEGAN AND AUDREY R. KEEGAN, (Plaintiff) VS. ANNE M. COX, (other) s The trial list will be called on June 2, 2009 and Trials commence on June 29, 2009 (Defendant) Pretrials willbe held on June 10, 2009 VS. (Briefs are due S days before pretrials No. 20084939 ,Civil Tern Indicate the attorney who will try case for the party who files this praecipe: Michael A. Scherer, Esquire, 19 West South Street, Carlisle, PA 17013 Indicate trial counsel for other parties if known: William P. Douglas, Esquire, 43 West South Street, Carlisle, PA 17013 This case is ready for trial. Signed: Print Name: Michael A. Scherer, Esquire Date: $ S O Attorney for : P l a i n t i f f s RtED-FRCE OF THE PRI)TWONDTARY 2009MAY -7i AID II: 22 'ti Lsa 14t ir "'1 /yCss-' r CHRISTOPHER J. KEEGAN AND AUDREY R. KEEGAN V. ANNE M. ?OX : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 2008 - 4939 CIVIL TERM ORDER OF COURT conferen in the above captioned matter is SCHEDULED for ` / 4 , dw (v 0 c 7 4-ty*d4060(.in Chambers of the undersigned judge, Cumberland County Courthouse, Carlisle, Pennsylvania. Pretrial memorandum shall be submitted by counsel in accordance with C.C.R.P. 212-4, at least five (5) days prior to the 6retrial conference. Mi?haell, William c' AND NOW, this 18TH day of MAY, 2009, a pretrial A. Scherer, Esquire P. Douglas, Esquire Edward E. Guido, J. t? A;,t,J fl,? CHRISTOPHER J. KEEGAN and AUDREY R. KEEGAN, Plaintiffs V. ANNE M. COX, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4939 CIVIL TERM CIVIL ACTION - LAW IN RE: PRETRIAL CONFERENCE A pretrial conference was held on Tuesday, June 16, 2009, before the Honorable Edward E. Guido, Judge. Present for the Plaintiffs was Michael A. Scherer, Esquire, and present for the Defendants was William P. Douglas, Esquire. This is a quiet title and declaratory judgment action that deals with a 19-feet-wide lane in dispute. The parties indicate that the case will take one day to try. We have scheduled a bench trial for September 16, 2009, commencing at 9:30 a.m. We have advised both parties that we are good friends with one of the Defendant's in-laws, Mr. Gary Raymond. We are comfortable that we can fairly adjudicate this matter. However, we will be more than happy to have this matter assigned to another judge if either party requests. Said request shall be made within 30 days of today's date. The parties are directed to pre-mark their trial exhibits. All exhibits should be identified and copies provided to opposing counsel on or before August 15, 2009. Any objections to the exhibits, other than relevancy, shall be made in the form of a motion in limine. All motions in limine, with supporting authority, shall be filed by close of business on September 1, 2009. All responses, with supporting authority, shall be filed by close of business on September 10, 2009. ? Michael A. Scherer, Esquire For the Plaintiffs .,,-<illiam P. Douglas, Esquire For the Defendant Court Administrator ?CL,?•?q ?,'? srs COPI-FS ,71.EL r"' By the rnurt FILED-:) ==(CE 07' THE E.;-. lYl ,,,,,,n,AFY 2009 AN 18 AN I E : 0 FIC CHRISTOPHER J. KEEGAN and AUDREY R. KEEGAN Plaintiffs V. ANNE M. COX Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4939 CIVIL TERM CIVIL ACTION - LAW PETITION FOR RE-ASSIGNMENT OF JUDGE AND NOW, comes the Plaintiffs in the above-captioned matter, by and through their attorney, Michael A. Scherer, and aver the following: 1. This case was assigned to the Honorable Edward E. Guido and a pretrial conference occurred on June 16, 2009. The June 16, 2009 Order from the pretrial conference is attached as "Exhibit A." 2. At the time of the pretrial conference, Judge Guido commented to counsel that he was good friends with one of the defendant's in-laws and that he would be more than happy to have this matter assigned to another judge if either party requests. 3. Plaintiffs have directed undersigned counsel to request reassignment of this case. 4. Undersigned counsel attempted to obtain concurrence from opposing counsel but was unsuccessful in reaching him. WHEREFORE, plaintiffs respectfully request that this Honorable Court assign this case to another Judge. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs CHRISTOPHER J. KEEGAN IN THE COURT OF COMMON PLEAS OF and AUDREY R. KEEGAN, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiffs V. NO. 2008-4939 CIVIL TERM ANNE M. COX, Defendant CIVIL ACTION - LAW IN RE: PRETRIAL CONFERENCE A pretrial conference was held on Tuesday, June 16, 2009, before the Honorable Edward E. Guido, Judge. Present for the Plaintiffs was Michael A. Scherer, Esquire, and present for the Defendants was William P. Douglas, Esquire. This is a quiet title and declaratory judgment action that deals with a 19-feet-wide lane in dispute. The parties indicate that the case will take one day to try. We have scheduled a bench trial for September 16, 2009, commencing at 9:30 a.m. We have advised both parties that we are good friends with one of the Defendant's in-laws, Mr. Gary Raymond. We are comfortable.that we can fairly adjudicate this matter. However, we will be more than happy to have this matter assigned to another judge if either party requests. Said request shall be made within 30 days of today's date. The parties are directed to pre-mark their trial exhibits. All exhibits should be identified and copies provided to opposing counsel on or before August 15, 2009. Any objections to the exhibits, other than relevancy, shall be made in the form of a motion in limine. All motions in limine, with supporting authority, shall be filed by close of business on September 1, 2009. All responses, with supporting authority, "EXHIBIT A" L shall be filed by close of business on September 10, 2009. Fr hael A. Scherer, Esquire the Plaintiffs William P. Douglas, Esquire For the Defendant Court Administrator srs Q1? MIT the ('nilrt CERTIFICATE OF SERVICE I hereby certify that on July 14, 2009, I, Jennifer S. Lindsay, secretary at O'Brien, Baric & Scherer, did serve a copy of the Petition For Re-Assignment Of Judge, by first class U.S. mail, postage prepaid, to the party listed below, as follows: William P. Douglas, Esquire 43 West South Street Carlisle, Pennsylvania 17013 FILED- CF ?N Fs +f-?44J 2009 JUG. 14 PM 2= 3 +I CHRISTOPHER J. KEEGAN and AUDREY R. KEEGAN Plaintiffs V. ANNE M. COX Defendant r t JUL 16 2009, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4939 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, upon consideration of the within Petition of the Plaintiffs, this case is referred to the Court Administrator for re-as: - DAA " 7 -'A0 -a9 Edward E. Guido, J. ,.'_chael A. Scherer, Esq 19 West South Street Carlisle, Pennsylvania 17013 illiam P. Douglas, Esq. 43 West South Street Carlisle, Pennsylvania 17013 e.0 U-."d t9c/m0'/) I . -/, 01<- 1 RL.ED--uFHaC/F OF THE PROTHONOTARY 2009 JUL 21 PM 1: 5 0 CUM` 1.t1:..i 1J7 Christopher J. Keegan IN THE COURT OF COMMON PLEAS OF And Audrey R. Keegan CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2008-4939 CIVIL TERM Anne M. Cox CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 1sT day of September, 2009, the Honorable Richard K. Renn of the 19th Judicial District, is hereby appointed to preside over the above captioned matter. J. Robert Chuck Court Administrator, York County Michael A. Scherer, Esquire For Plaintiff William P. Douglas, Esquire For Defendant V Honorable Richard K. Renn President Judge, York County FILIE OF THE 2009 SE -1 ph 1: 4 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Christopher J. Keegan and Audrey R. Keegan, Plaintiffs vs. NO. 2008-4939 Civil Term Civil Action - Law Anne M. Cox, Defendant Nonjury Trial Demanded Appearances: For Plaintiffs Christopher J. Keegan and Audrey R. Keegan: Michael A. Scherer, Esquire For Defendant Anne M. Cox: William P. Douglas, Esquire ORDER FOR PRE-TRIAL CONFERENCE"IN CIVIL NON-JURY CASE r (-I AND NOW, this /2 day of January, 2010, upon the request of Plaintiffs, a PRE-TRIAL CONFERENCE is hereby scheduled before the undersigned Judge on Wednesday, February 3, 2010, at 11:00 a.m. in Court Room No. 9, York County Judicial Center, 45 North George Street, York, Pennsylvania. Counsel who will be trying the case, or who is primarily responsible for trying the case, and any party who is unrepresented, are expected to attend the pre-trial conference. The parties shall bring such portion of their file as they will have at trial. A pre-trial memorandum on behalf of each party shall be filed in the Office of the Prothonotary, and served upon all other parties, at least seven (7) -1- days prior to the date of the pre-trial conference. The pre-trial memorandum shall contain at least the same information and shall be in substantially the same format as the attached exhibit. We remind the parties that local rule of civil procedure YCCiv. 212.3 requires that all matters set forth in the case management plan have been concluded prior to the pre-trial conference, and that the case is ready for trial. At the pre-trial conference, the parties shall be prepared to discuss the expected length of time needed for trial, and shall have their calendars available so that a tentative date for trial can be established. Copies of this ORDER shall be sent to counsel of record and to any party who is unrepresented. B C;RE. , RICHA NNPRESIDENT JUDGE -2- IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA [full caption of case, with all parties here] [case number] Related Cases: [related case numbers here] PRE-TRIAL MEMORANDUM OF [PARTY] SUBMITTED BY: [Name, address and telephone number of attorney] REPRESENTING: [Name of party representing] 1. SUMMARY OF FACTS AND BASIS FOR LIABILITY: II. STATEMENT OF UNDISPUTED FACTS / ADMISSIONS FROM PLEADINGS: Ill. STATEMENT OF DAMAGES: [Including, where applicable: Principle injuries sustained Hospitalization and convalescence Nature of resent / future disability Special monetary damages or economic loss Primary complaints of pain and suffering Other claimed damages] IV. LIST OF WITNESSES AND SUMMARY OF TESTIMONY: V. EXPERT WITNESSES AND SUMMARY OF TESTIMONY: VI. STATUS OF DISCOVERY: VII. LIST OF EXHIBITS WITH BRIEF DESCRIPTION: VIII. LEGAL ISSUES INVOLVED: IX. REQUESTS FOR STIPULATIONS NOT AGREED TO: X. SPECIAL REQUESTS: -1- XI. LIKELIHOOD OF SETTLEMENT: BEST SETTLEMENT AUTHORIZED: XII. ESTIMATED NUMBER OF TRIAL DAYS: XIII. REQUESTS FOR FINDINGS OF FACT AND CONCLUSIONS OF LAW: [Non jury trials]. Submitted by: Attorney for [party] -2- ?FILED-&? : CE ',)F HE FnTl_`)?,10TAR 2010 FEB -8 PH 3: 22 ?N 1 . 1'w i`'IV? t UvAIN?n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Christopher J. Keegan and Audrey R. Keegan, Plaintiffs NO. 2008-4939 Civil Term vs. Civil Action - Law Anne M. Cox, Defendant Nonjury Trial Demanded Appearances: For Plaintiffs Christopher J. Keegan and Audrey R. Keegan: Michael A. Scherer, Esquire For Defendant Anne M. Cox: William P. Douglas, Esquire ORDER PRELIMINARY TO NON-JURY TRIAL OF CIVIL CASE AND NOW, this 3rd day of February, 2010, after conducting a pre-trial conference on February 3, 2010, we hereby schedule this matter for trial on THURSDAY, APRIL 15, 2010 at 10:00 A.M. in Courtroom # 9 in the York County Judicial Center We have allocated 1 days for the trial of this case, including verdict. Counsel are expected to conclude their presentations within the time allotted, including allowing a reasonable time for verdict. This will be a NON-JURY trial. FACTUAL AND PROCEDURAL SUMMARY OF CASE: This case arises from a dispute between neighbors over the ownership of a 19 foot wide lane ("the lane"). Plaintiffs own approximately 29.7 acres known as 639 W. Old York Rd., Carlisle, Cumberland County, Pa. and Defendant owns a -1- contiguous tract of land east of Plaintiffs' tract consisting of approximately 3.045 acres and known as 631 W. Old York Rd. Plaintiffs acquired their tract by deed dated July 25, 2007 and Defendant acquired her tract with her husband, now deceased, on August 19, 1974. Plaintiffs filed a Complaint on August 26, 2008 for Quiet Title and a declaratory judgment of ownership of "the lane." Plaintiffs claim "the lane" is included in their tract. Defendant filed an answer with new matter on September 23, 2008 and amended the new matter on October 1, 2008. Defendant claims that Plaintiffs' successor in interest quieted title to "the lane" and further claims by Order dated August 28, 1974 it was established that Plaintiffs do not own "the lane." Alternatively, Defendant claims that she is the owner of "the lane" through adverse possession. Plaintiffs replied to the new matter on October 16, 2008 and a pre-trial was held in Cumberland County on June 16, 2009. Due to a conflict in that County, the case was assigned to this Court on September 1, 2009. The matter is presently before this Court for a pre-trial conference. LEGAL ISSUES OF CASE: Who is the record owner of "the lane?" Does Defendant own "the lane" by adverse possession? DAMAGES: Both parties request an order declaring them owners of the disputed strip. .2. Counsel shall file legal authority for their respective positions on these issues at least one week prior trial. WITNESSES: The parties have identified witnesses to be called at trial in their respective pre-trial memoranda. There have been no objections to any witness listed by any party, except: NONE Any party who desires to call a witness who is listed on another party's list must insure that such witness is present at the time of trial and may not rely on the fact that the witness's name appears on another party's list as assurance that the witness will be compelled to be present or called to testify by the listing party. Documents such as curricula vitae and expert reports shall be exchanged by the parties at least one month prior to trial. Final witness lists, along with a brief summary of the proposed testimony of any witness listed, shall be exchanged by the parties at least one months prior trial. Final depositions for use at trial or otherwise shall be completed at least one month prior trial. During trial, examination of an expert witness's curriculum vitae shall be limited to the important and salient features of the expert's qualifications which directly pertain to the matter at issue. A copy of the entire curriculum vitae will be marked as an exhibit and will be admitted at the time of trial. -3- EXHIBITS: Exhibits have been identified by the parties in the respective pre-trial memoranda. All exhibits shall be pre-marked prior to trial, and shall be viewed or exchanged by the parties at least one month priorto trial. If any exhibits have been previously exchanged, it is sufficient that an exhibit to be used at trial be described sufficiently to be identified by all parties. The parties shall be prepared to have copies or photographs available for the Court of any exhibit not readily stored in a letter-sized file folder. Absent extraordinary circumstances, the copies or photographs of the exhibits will be substituted in the record for the original oversized exhibit. The copies or photographs may be stored in commonly used digital format on compact disk (CD) or digital video disk (DVD). Objections to the authenticity of any exhibit shall be made in writing to the party offering the exhibit, with copies to all other parties, at least one month priorto trial. In the absence of any written objection, no evidence need be presented to authenticate an exhibit. Any other objections to any exhibit shall be made, with supporting legal authority, in writing to the offering party with copies to all other parties and the trial judge at least one week prior to trial. If any exhibits are in electronic or digital format, such exhibits shall be placed on compact disk (CD), digital video disk (DVD), VHS video tape, or any data storage medium capable of being accessed with a USB connection. COURTROOM TECHNOLOGY: The Court does not have available any other white board, black board, easel, or other similar items. Those items must be supplied by counsel and approved by the Court, prior to trial, for use in the courtroom. -4- THIS TRIAL WILL REQUIRE THE FOLLOWING TECHNOLOGY: NONE It is the responsibility of the parties to contact Court Administration at least two weeks prior to trial to arrange for the use of evidence carts, electronic white boards, and any special technology not presently in a courtroom, and are expected to test any such equipment, including computers or other display devices, in the courtroom assigned, at least one week prior to trial. SETTLEMENT: The prospects of settlement are: The parties are not talking to each other. Apparently each believes in the strength of their case. From this Court's review of the record and pleadings, neither party should be assured of victory. Additionally, these parties will have to live with each other in the future. While we can, if need be, establish once and for all a boundary line, one party will be extremely disappointed. Our court decision will not repair the damaged relationships. This matter should be settled. We urge the parties to use the services of a skilled mediator to resolve their dispute prior to trial. In any event, we will direct that all parties shall meet, face to face, not less than thirty (30) days prior to trial, for not less than one-half hour, to discuss resolution of this matter if a resolution is not reached before then. The trial judge will expect to hear from the parties, prior to trial, of the results of this meeting. All final settlement offers shall be submitted to all parties at least one week prior to trial. -5- PRE-TRIAL MOTIONS AND OTHER SUBMISSIONS: All pre-trial motions, including motions in limine, shall be filed of record with supporting legal authority and served on all parties, with a copy to the undersigned Judge, at least one month prior to trial. Responses to such motions, with supporting legal authority, shall be filed of record and served on all parties, with a copy to the undersigned Judge, within five (5) days after the filing of any motion to which the response is made. Any requests for oral argument shall accompany the submissions. Counsel and any party not represented shall meet at least one week prior to trial and prepare a joint statement of stipulations which shall be filed of record on or before that date. No evidence will be taken at trial on matters which are stipulated. The parties shall submit proposed findings of fact and conclusions of law to the trial judge at least one week prior to trial. Copies of this ORDER were given to the parties. By ourt, Richard K. Renn, Judge rev. 3/25/08 rkr -6- F11 FD, :ti BARLEY SNYDER LLC Stephanie Carfley, Esquir?QFAN AN - i'i`i 2: z i Court I.D. No. 79136 126 East King Street Co-Counsel for Plaintiffs Lancaster, PA 17602 PEI 4,111.11) Christopher J. Keegan and (717) 399-1536 Audrey R. Keegan CHRISTOPHER J. KEEGAN and AUDREY R. KEEGAN, Plaintiffs V. ANNE M. COX, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2008-4939 NONJURY TRIAL DEMANDED PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Stephanie Carfley, Esquire as co-counsel on behalf of Defendant Christopher J. Keegan and Audrey R. Keegan. Kindly serve all papers at 126 East King Street, Lancaster, PA 17602. BARLEY SNYDER LLC Date: Aoc L. ca By: Step anie are squire Defendant 2872074.1 CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing Praecipe to Enter Appearance has been served this day of r t , 2010, by first class mail, postage prepaid, upon: Michael A. Scherer, Esquire Baric Scherer 19 West South Street Carlisle, PA 17013-3432 William P. Douglas, Esquire Douglas Law Firm 43 West South Street Carlisle, PA 17013 BARLEY SNYDER LLC By: 2872074.1 WILLIAM P. DOUGLAS, ESQUIRV THE + 'ARY ATTORNEY ID # 37926 43 WEST SOUTH ST. 2010 APR 12 AM 10' CARLISLE PA 17013 TELEPHONE 717-243-1790 Will, ? ism PE ?.,. 1WLVruV cuto in the t.ourt or (-ommon Pleas of AUDREY R. KEEGAN Cumberland County, Pennsylvania Plaintiffs vs. No. 2008-4939 Civil Term ANNE M. COX Defendant Civil Action Law JOINT STIPULATION OF FACTS Plaintiffs are Christopher J. Keegan and Audrey R. Keegan (hereinafter "Keegans"), husband and wife, who reside at 639 West Old York Road, Carlisle, Cumberland County, Pennsylvania 17015. Defendant is Anne M. Cox (hereinafter "Cox") who resides at 631 West Old York Road, Carlisle, Cumberland County, Pennsylvania 17015. Title to 639 West Old York Road, Carlisle, Cumberland County, Pennsylvania, became vested in the Keegans by virtue of their deed dated July 25, 2007, from Richard A. Przybyl and Linda Przybyl (hereinafter "Keegan tract"). Cox and her deceased husband, Jennings F. Cox, took title to 631 West Old York Road by deed dated August 19, 1974 (hereinafter "Cox tract"). Jennings F. Cox died in early 2008, whereupon title to the Cox tract became vested in Anne M. Cox alone. The Cox tract lies east of the Keegan tract. The Keegan tract was subdivided from a farm, which was at one time was owned by the Monroe (also known as "Munro" and "Munroe") family. Stone sold the 29.7 +/- acre tract to Richard A. Przybyl and Linda Przybyl (hereinafter "Przybyl") on August 31, 1987. On July 25, 2007, Przybyl sold the 29.7+/- acre tract to the Keegans. Cox and her deceased husband, Jennings F. Cox, took title to 631 West Old York Road by deed dated August 19, 1974 from Rodney M. Witmer and Mary K. Witmer. A tract was created out of the Monroe farm and deeded to Snyder. The Snyder tract lies immediately west of the farm lane on the north side of West Old York Road. This matter was commenced by complaint filed August 18, 2008. Respectfully submitted, Dated: A4-/-5) Michael A. Scherer, Esq. ID # 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Dated: 9 - °t - In William P. Douglas, ID # 37926 43 West South Street Carlisle, PA 17013 (717) 243-1790 'i r'lr T? .r - ren t 2010 AF CHRISTOPHER J. KEEGAN and AUDREY R. KEEGAN Plaintiffs V. ANNE M. COX Defendant IN THE COURT OF COMM04PLEA'S OI~,`, CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4939 CIVIL TERM CIVIL ACTION - LAW SETTLEMENT NARRATIVE WITH OFFER On March 15, 2010 the parties met with counsel to discuss settlement as required by the Pre-Trial Order. Via correspondence dated February 19, 2010 and February 26, 2010, the Keegans proposed taking the matter to mediation. Having heard no response to either letter, a letter dated March 4, 2010 was sent to Mr. Douglas wherein the Keegans again proposed mediation, offering to bear the entire expense thereof. This offer was also not acknowledged. On March 11, 2010 another letter was sent to Mr. Douglas advising that the Keegans would be at the Scherer law office on Monday, March 15, 2010 at 3:00 P.M. for the meeting required by the Pre-Trial Order. This letter was also not acknowledged, however Mrs. Cox and Mr. Douglas appeared at the Scherer law office at approximately 3:10 that day. The face-to-face portion of the meeting lasted approximately 20 minutes. In an effort to compromise and avoid litigation, the Keegans made a settlement offer which was not responded to by Mrs. Cox nor did ti' she make a counter-offer. The meeting ended when Mr. Douglas walked out of the meeting with his client. Date: 2873780 Respectfully submitted, BARIC S RE Michael A. Sche r, squire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiffs BARLEY SNYDERXIC ,fie Lam, Esquire Attorneys for Plaintiffs 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 Court I.D. No. 79136 2 .4- CERTIFICATE OF SERVICE I hereby certify that on April 12, 2010, 1, Stephanie Carfley, Esquire, did serve a copy of the Settlement Narrative With Offer, via first class mail, to the party listed below, as follows: William P. Douglas, Esquire 43 West South Street Carlisle, Pennsylvania 17013 BA By Lancaster, PA 17602-2893 (717) 299-5201 Court I.D. No. 79136 Attorneys for Plaintiffs 126 East King Street CHRISTOPHER J. KEEGAN and AUDREY R. KEEGAN, Plaintiffs V. ANNE M. COX, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c NO. 2008-4939 CIVIL TERM rv CIVIL ACTION - LAW ORDER OF COURT -o -?r -c? cry?yryy W -AJ AND NOW, this a?'7*day of April, 2010, following a non-jury trial held on April 15, 2010, at which time the testimony of Eric Diffenbaugh and Christopher Keegan was presented on behalf of Plaintiffs and the testimony of Anne Cox was offered on behalf of the Defendant, this Honorable Court hereby adopts the following Findings of Fact?and Conclusions of Law: FINDINGS OF FACT 1. Plaintiffs are Christopher J. Keegan and Audrey R. Keegan (hereinafter "Keegans"), husband and wife, who reside at 639 West Old York Road, Carlisle, Cumberland County, Pennsylvania 17015. (Plaintiffs' Proposed Finding of Fact No. 1) 2. Defendant is Anne M. Cox (hereinafter "Cox") who resides at 631 West Old York Road, Carlisle, Cumberland County, Pennsylvania 17015. Id. at ¶ 2. 3. Title to 639 West Old York Road, Carlisle, Cumberland County, Pennsylvania, became vested in the Keegans by virtue of their deed dated July 25, 2007 from Richard A. Przybyl and Linda Przybyl. (hereinafter "Keegan tract"). Id. at ¶ 3. 4. Cox and her deceased husband, Jennings F. Cox, took title to 631 West Old York Road by deed dated August 19, 1974 (hereinafter "Cox tract"). Id. at ¶ 4. OFFICE OF THE PROTHONOTARY Of York County Pamela S. Lee Prothonotary Billie Jo Bones Deputy Prothonotary Gregory E. Gettle Solicitor York County Judicial Center 45 North George Street York, Pennsylvania 17401 Telephone (717) 771-9611 April 27, 2010 David Buell Prothonotary of Cumberland Co. 1 Courthouse Square Carlisle, Pa. 17013 RE: Christopher Keegan vs Audrey and Anne Cox 2008-4939 Dear Mr. Buell: Thursday, April 15, 2010, the above captioned matter was heard by our President Judge, Richard K. Renn, in the court of Common Pleas of York County. Enclosed you will find our minute sheets, the exhibits admitted at the non jury trial and the order signed by Judge Renn. Copies of this order were mailed to Stephanie Carfley Esq. and William P Douglas Esq. Sincerely, Sue Bowman Assistant Chief Deputy Prothonotary <?lfslly In the Court of Common Pleas of York ?n y Pennsylvania _ Before the Honorable Richard K. Renn, President Judge C j 7 Case # 2008 - 4939 Counsel: CHRISTOPHER KEEGAN (P) SCHERER VS. (D) DOUGLAS AUDREY AND ANNE COX Steno: ROMESBERG 1-1 LJ • • 1? n c^-l In the Court of Common Pleas of York Coun , Pennsylvania Before the Honorable Richard K. Renn, President Judge Case # 2008 - 4939 Counsel: CHRISTOPHER KEEGAN (P) SCHERER VS. D) DOtiGLAS AUDREY AND ANNE COX Steno: ROMESBERG • 40 April 15, 2010 - - - Thursday _ All Day CIVIL/CRIMINAL JURY TRIAL All Day 7 JCA - PFA DUTY All Day 7 MMC - Not Available 9:00 AM CURRENT BUSINESS -- Ct Rm 9 9:00 AM Civil Motions Court: /J / `? i` / /7/ JUDGE RENN COURT ROOM 9 Advantage Funding Commercial Capital Corporation and Advantage Funding of New York Corporation v. L&A Auto Sales and Excalibur Express, Inc. a/k/a Excalibur Express, Inc. d/b/a Exclusive Limousine and Rosh Kids Inc. a/k/a Exclusive Limousine d/b/a Rosh Kids Inc. a/k/a Bith Auto t/a Rosh Kids / 2009-SU-6621-08 / Ilkhanoff; Pro se Defendants / Plaintiffs' Petition to Enter Judgment by Default Against Defendants Mullany, Curtis C. v. Amoss, Jason M. and Nicole / 2010-SU-00435-01 / Smith, L.; Pro se / Plaintiff's Petition to Break and Enter Miller, Thomas v. Murray, Yolanda and Rhodes, Jr., Jason / 2009- SU-000130-01 -and- Metropolitan Edison Company v. Murrey, Yolanda and Rhoades, Jr., Jason / 2010-SU-000807-01 / Hoyt; Wasilefski; Miller, K.; Rhodes, Jr. (pro se) / Defendant Murray's Motion for Consolidation of Actions Taylor, Bean & Whitaker Mortgage Corporation v. Deardorff, Jeffrey E. / 2009-SU-3660-06 / Braunstein; Stutski; pro se / Plaintiff's Motion to Strike Lis Pendens Burkey, Douglas v. West Point Foundry and Machine; Hanover Wire Cloth Company; Hanover Wire Cloth Co. / 2008-SU-4852-01 / Patton; Montgomery; McMahon; Perry / Plaintiff's Motion to Compel Edward, David and Erickson, Vivian, husband and wife v. Harman Builders / 2005-SU-00927-Y01 / Pratt; pro se / Plaintiff's Petition for Leave of Court to Withdraw Appearance as Counsel Members 1st Federal Credit Union v. Estate of Lowry, Michael L. and d/b/a E & L & H Holding Company, a/k/a E. L. & H. Holding Company, 1 4/14/2010 8:41 AM JUDGE RENN COURT ROOM 9 April 15, 2010 Continued Thursday a/k/a EL. & H. Holding Company, and Holder, John F., Indiv. & d/b/a E & L & H Holding Company, a/k/a E. L. & H. Holding Company, a/k/a EL. & H Holding Company / 2007-NO-4772-Y30 / Mosebey; Snover / Plaintiff's Motion to Compel Discovery 9:00 AM Family Motions Court: 9:30 AM - 10:00 AM In Re: Eye See You Detective Agency, LLC / MD-2541-2009 / pro se / Hearing for Issuance of Private Detective License -- CT RM 9 10:00 AM - 12:00 PM K a. s Chr er 3. and. drey R. v. Cox Afte- M. «39 v?i+'ern / Scherer; Douglas / N?ry Civil Trial,- CT RM 7 1:00 PM-4:30 PM Reserve for PFA (S) 3 3CA -- Ct Rm 9 1:30 PM - 4:30 PM ICS; fh opher J. and Audrey R. v: Cox, Anne M. / -4939 C vil Term / Scherer; Dou s / "ury civil iiia1-- CT R-M 7 r C?h.o? s? CA-a 70 t-3 2 4/14/2010 8:41 AM DATE TRIAL/HEARING COMMENCED: CASE NO.: CAPTION: STENO: GfJ7--t- LIST DGE: PLAINTIFF orl)EFENDANT • Date Exhibit Introduced # of Exh Des 'ption & Siz of Exhibit 10-25 -19 # o t, 7 /ice jAG - ,?- 3 / 4? / 2-- A a ZV Admitted Yes or No (Indicate if exhibit was submitted to Jury) 51Y- DATE TRIAL FARING COMMENCED: CASE NO.: j Cl -- el- _ CAPTION: vs STENO: _ JUDGE: ?? r LIST O EXHIBITS PLAINTIFF o DEFENDANT Date Exhibit # of Admitted Introduced Exh Description & Size of Exhibit Yes or No (Indicate if exhibit was submitted to Jurv) 0 ,23 r-1-a 7-D aJ /??ii?27 124j -7 V lYaZ?2 Z2 Lvd 7;V 9 ?77 ?7o 4 0 * TRIPLE L FARIVI 1 Ate. v 3 V O _ . 0 ` ? r wr 1E _ Dick "S L s THOMPSON, SUSAN m p ? s i z t'A o " ' ac- ¢t 'UJ PLAINTI FF'S % EXHIB IT MER N "THIS MAP I.S PREPARED FOR TAX PARCEL MAPPING AND ASSESSMENT PURPOSES ONLY, MAY V CONTAIN INAC U Cumber land Count y Tax Mapping Source: Cumberland County Assessment Ofice Orfb h t h 2003 ?E BE USED FO 8 C RACIES OF SCALE, AND IS NOT TO R SCALING PURPOSES." Date as of 3-11-2010 op o ograp y: Vector Data: on going updates 1 Inch equals 533 feet Created In ArcGIS 9"2 using ArcMap 4 KEEGAN TITLE HISTORY SUMMARY JOSEPH I. MUNROE ISABELLA H. MUNROE 4-20-34 PARKER V. AHL 3-30-73 WISS & STONE 6-26-78 STONE Subdivision 7-18-78 z Subdivision 2-3-83 Homestead 29.7 8 7 F Farm Field 1983 STONE 8-31-87 PRZYBYL 7-25-07 F KEEGAN • i IN WITNESS nHERSOF, the said parties to these present have hereunto Interebacgsably set their hands and goals; Dated the day and year first above written; Margaret Munrol, Sealed and delivered in the presence of 1tb:Mtgmy: Resolved on the day of the date of the above instrument of writing of the above named John S; Munroe the gum of Two Thousand Two hundred and Fifty dollars, lawful money of the united Statee, in full of the consideration money thereon mentioned; Rea; by me; Witness present $2250;00; Margaret Munro David Glenn Atgmri Donaldson CUMBERLAND COUNTY, SS: Before- at, the subscriber, a Justice of the Peace in and for the.esid County, came Margaret Munro, and acknowledged the above Deed of Conveyance to be her'set and deed law for the purpose therein expressed and desired that tt might be recorded as suebaceording to , she the said urgaret being or full age and unmarried; In testimony thereof I have hereunto set my hard and affixed my seal this 20th Osy OIL November A; D. One thousand eight igundred and Fourty-f our . Mcdey Donaldson, (SEAL) Justice of the Peace r Compared by N. M. & E-K. --- -moo -L- ----Y- N0 ------- - ~ THIS INDENTURE NO. ,751 J.I.M.+ I.W.M tMADE THE 20th day of April, A. D., one thousand DEED $8,00 nine hundred and thirty-four, JOSEPH I. MUNRO 4/24/34 i BETWEEN Joseph I. Munro, Single.-Man and AND ?Iaebella W. iluaro. Single V omen, of the Township of South Middlet n, IgABELLA W. MUNRO's TRUsTEEs County of Cumberland. and State of Pennsylvania, and Carlisle . TO Deposit Bank and Trust Company. a Corporation of the Cogmnonwealt PARKER V.. AHL of Pennsylvania, Trustee of Joseph I. Munro and Isabella W. Munr , AND 4Parties of the first part; HELEN R.. AHL, HIs WIPE 6 AND CONS, 11.00 Parker V. Ahl and Helen R. Ahl. his wife, of the Borough of Carl sl LOC. DICKINSON TOWNSHIP iCounty of Cumberland, and State of Pennsylvania, panties of the DATED APRIL 20. 1934 )second part. ENTERED APRIL 20, 1934 ) WITNESSETH; That the said parties of the first part, for and in consideration of the sum of One Dollar ($1.00). lawful money of the United States, and other good andaluable -tonsideratLone, to them in hand paid by the Said parties of the second part at the time of the execution hereof, the receipt whereof is hereby acknowledged, have granted, bargained. sold. aliand, enfeoffed. released and confirmed, and by these presents do grant, bargain, sell, alien, enfeoff, release and confirm unto the said parties of the second part. their heirs and assigns; ALL that certain piece or parcel of land situate in the Township of Dickinson. County of Cumberland. and State of Pem,sylvania, bounded and described as follows; CBEGINNING at a white oak tree at corner of lands formerly of Rev. McKnight Williamson and Henry Peffer, now John Bear and MRS. D. M. Reese; thence by lands formerly of Henry Peffer an John Peffer, now Mrs. D. M. Reese, George H. Stewart Estate, J. A. Thrush. James McCoy, and Mrs. Bessie Peffer, south one and one-fourth (ld) degrees east four hundred twenty seven and f vs tenths (427.5) perches to the center of the Yellow Breeches Creek, thence by lands late of _Samuel Woods. Jr., now Mary A. Calaman, up the center of the acid Creek south sixty eight (88) degrees weal fifteen and Pour-tenths (15.4) perches north eighty-three (83') degrees west twentyI eight and seven-tenths (28.7) perches to a point opposite a maple; thence along lands former4 of the Glenn Estate, now of the Glenn Estate and Parker V. Ahl, north four and one-half (4-) II degrees west four hundred fifty three and five-tenths (453.5) perches to a post; thence along Janos formerly of Rev. McKnight Williamson, now John Bear, south seventy one and one-half (7W degrees east seventy three (73) perches to the place of beginning. Containing one hundred fi y three (153) acres and forty six (46) perches. strict measure. Being improved with atwo and on half (22) story stone dwelling house and frame bank barn. Being the same premises which Margaret Munro, by deed dated November 20, 1844, granted and conveyed to John S. Munro; and the said J hr Y S. Munro died June 3, 1907, leaving a last will and testament which is recorded in Will Book r e, ,ft ; ?__7 page 319, whereby he devised the said promises to his children, Mary E. gunro,.Joseph I. Munro. Hester M. Munro, Isabella W. Munro, and John E. Munro; the said Mary E. Munro died November 25, 1919, leaving a last will and testament which is recorded in Will Book 30, page 498, in which she devised her interest in the said premises to her two brothers. Joseph I. Munro and John E. Munro, and her two sisterp, Hester M. Munro and Isabella W. Munro; and the said Hester M. Munro died January 22, 1929, leaving a last will and testament which in recorded in Will Book 35, page 123, whereby she devised her interest in the said premises unto bar two brothers, Joseph I. Munro and John E. Munro, and her sister, Isabella W. Munro; and the said John E. Munro died July 10, 1832, leaving a last will and testament which is recorded in Will Book 37, page 18, whereby he devised his interest in the said premises unto his brother, Joseph I, Munro, and his two sisters, Heater M. Munro and Isabella W. Munro; root including, and excepting from this conveyance. the 4 act of land conveyed by Joseph I. Munro and Isabella W. Munro, by deed dated November 29. 1933, and recorded in Deed Book K. Vol. 11, page 142, to J. Clyde Barrick and S. Alice Herrick, his wife. described as follows:] ALL THAT PORTION of that certain farm situate In Dickinson Township, Cumberland County. Pennsylvania, and known as the Munro Mansion Farm. bounded and described as follows EGINNING at a corner being the intersection of the north line of the York Road with the west n line of a lane nineteen (19) feet wide, thence with the western line of said lane north three (3) degrees west one thousand and ninety three (1093) feet to a point, thence with other land of the parties of the first part south seventy eight (78) degrees west, three hundred and twelve (312) feet to a point, thence with other land of the parties of the first part south three (3) degrees east. eleven hundred and sixty five (1165) feet more or less to she northern line of the York Road, thence with same north sixty five (65) degrees east, three hundred and thirty three (333) feet to the western line of said lane, the place of beginning, the same being improved with a frame dwelling house and various-outbuilding s. SEE SECOND SUPYLEMEN'TAL TRUST AGREEMENT,Between Joseph I. Muno and Isabella W. Munro and the Carlisle Deposit Bank and Trust Company, dated January 27. 1934, and recorded in the Recorder's Office at Carlisle. Pennsylvania. on the date of the recording of this deed. TOGETHER with ali and singular the,buildings, privileges. hereditoments and appurtenances whatsoever thereunto belonging or in anywise appertaining, and the reversions and remainders, irents, issues and profits thereof; and all the estate, right, title. Interest. property, claim !and demand whatsoever of them the said parties of the first part, either in law or equity, of, !in and to the same. TO HAVE AND TO HOLD the said messuage or tenement and lot or piece of ground above des- cribed, hereditaments and premises hereby granted. bargained, solo. or me:.tioned, or intended so to be. with the appurtenances, unto the said Parker V. Ahl and Helen R. Ahl, his wife, their heirs and assigns, to and for the only proper use and behoof of the said Parker V. Ahl and Helen R. Ahl, his wife, their heirs and assigns. And ttie said Josepb I. Munro and Isabella W. un.,o, parties of the first part, for themselves and their heirs and assigns, do hereby covenant and agree to and with the said Parker V. Ahl and Helen R. Ahl, his wife, their heirs and assigns, all and singular the said hereby granted premises, with the appurtenances, unto the said Parker V. Ahl and Helen R. Ahl, his wife, their heirs and assigns, against theme:the said Joseph I. Munro and Isabella W. Munro, their heirs and assigns, and against all and every other person and persons whomsoever alwrully claiming or to claim the same or any part thereof, shall and will warrant and forever defend by these presents. And the said Carlisle Deposit Bank and Trust Company, Trustee, does Covenant, promise, grant and agree to and with the said Parker V. Ahl and Helen R. Ahl, his wife, their heirs and assigns, by these presents, that it, the said Carlisle Deposit Bank and Trust Company, Trustee, has not done, committed. crknowing lyar willkgly_sufYerd to be done any act, matter, or thing whatsoever, wbereoy the premises afore- said, or any part thereof, is, are, shall or may be charged or encumbered in title, charge or estate, or otherwise howsoever. And the said Carlisle Deposit Bank and Trust Company, Trustee, does hereby constitute and appointWgiter E. Burns, to be its attorney for it and in its name and as and for its corporate act and deed. to acknowiedge this deed oefors any person having authority by the laws of the Commonwealth of Pennsylvania to take such acknowledgment, tc the end that the same may be 4%4 recorded. IN WITNESS WHEREOF the, said Joseph I. Munto and Isabella W. Munro, parties of the first part, have hereunto set their hands and seals the day and year first above written, and the u 191-AT=Waemalp Dead, Shaft Form, Aa of 1909. II«,r? Hall, 1ne., lndian4 1'a. EXHIBIT MADE THE 70 day of of our Lord one.thousand nine hundred seventy-three (1973) CCAC # in the year BETWEEN PARKER V. A'IL and HELEN R. AHL, his wife, of the Borough of Carlisle, Pennsylvania, hereinafter called -1 Grantor s , and I2A)MOND'J. WISS, of 615 West South Street, Carlisle, Pennsylvania; and JAMES A. STONE, of R. D. 1; Turbotville, Pennsylvania, hereinafter called Grantee s : WITNESSETH, that inconsideration of One and 00/100 ($1:00) and other valuable consideratiott Dollars, in hand paid, the rereipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantees, their heirs and assigns, as equal tenants in'Common:. 0 • ALL those two certain tracts of land with the improvements thereon erected, situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO 1: BEGINNING at a point in the center of the Yellow Breeches Creec; t once by Tract No. 2 herein described, and crossing York Road, North 5 degrees West 4709.3 feet to a point; thence by"land now or formerly of John M. Lippert, South 73 degrees 5 minutes West 1494.6 feet, more or less, to a point; thence by land now or formerly of .Luther h*. Lebo, South 10 degrees East 3020.7 feet to a point in the center of the York Road; thence by the center of said Road, South 79 degrees 20 minutes hest 39.8 feet to a point; thence continuing by land now. or formerly of Luther W. Lebo, South 7 degrees 40 minutes East 958 feet, more or less, to a point; thence North 76.degrees 50 minutes East 193 feet to a point; thence South 34 degrees 40 minutes .East 80 feet to a point in the center of the Yellow Breeches Creek; thence down stream by the center of said Creek, in a Southeasterly .direction, 1125 feet, more or less, to the Place of BEGINNING. r CONTAINING 120 Acres, more or less. BEING the same property which was conveyed to Parker V. Ahl and Helen R. Ahl, his wife, by Ada J. McKeehan, Widow, et. al., by deed dated August 15, 1933, and recorded in the office of the Recorder of Deeds for Cumberland County in Deed Book "J", Vol. 11, Page 322. .TRACT NO. 2: BEGINNING at a point in the Yellow Breeches Creek; thence by 1r? a No. 1 herein described and crossing the 'fork Road, and also by land now or formerly of John M. Lippert, North 4 degrees 30 minutes West 7482.75 feet to a point; thence by land now or formerly of Herman H. Heiman, and crossing L.R. 21034, South 71 degrees 30 minutes East 1204.5 feet to a white oak; thence by land now or formerly of Dale F. Jones, John E. Fulton and George A. Nickel, and recrossing L.R. 21034 and the York 'toad, South 1 degree 15 minutes East 7053.75 feet to a point in the center of the Yellow Breeches Creek; thence up stream by the center of said Creek, South 68 degrees West 254.1 feet to a point ; thence by the same., North 83 degrees' West 473.55 feet to the Place of BEGINNING. CONTAINING 153 Acres 46 Perches.. '" 800kG' 25PACE 235 0 0 r ?I r. d is LESS, HOWEVER, (1) an out conveyance to J. Clyde Barrick and S. Alice Barrick, his wife,, by deed dated November 29, 1933, and recorded in the office aforesaid in Deed Book "K", Vol. 11, Page 142; j and (2) 2.72 acres, more or less, at the Northeastern corner about to be conveyed to Ray R. Myers, C. C. Dallas and H. R. Davis., bounded and descri.bedpursuant to a survey by Noel B. Smith, Registered Survevor, dated March 27, 1973, as follows: BEGINNING at a nail in the ! IT; ;. center of•L.R. 21034; thence by the Northern line of said Tract No. 2, South 64 degrees 7 minutes 51 seconds East. 597.24 feet to a post; thence by the Eastern line of said Tract No. 2, South 5 degrees 18 minutes 20 { seconds West 485.25 feet to a nail in the center of L.R. 21034; thence by the center of said Road, North 27 degrees 30 minutes West 227.42 feet to a point; thence by the same, North 29 degrees 46 minutes West r4, 119.65 feet to a point; thence by the same, Ncrth 32 decrees 57 minutes West 103.32 feet to a point; thence by the same, North 36 degrees 50 minutes West 203.23 feet to a point; thence North 38 degrees 29 minutes West 241.18 feet to the Place of BEGINNING. BEING the greater part of the property which was conveyed to Ig , t , I'? 1 +M 3 • v M I . AND the said grantors hereby covenant and agree that they will warrant Trenerally the property hereby conveyed. b? ry1. •GEt^ .45 1 RL'S'? i'?f1 IY '. ih?7 rrX??lti? - it Ir •' Ir II .. i ??c?? l, ?? ?.? ?? ;...,?, ' lj • irl ? # ill is ? ,? ;?<7 j:4?y?r? 'f?"•,? . i a???{w'x.#.n,?,1.:' r IN WITNESS WHEREOF, said grantors have hereunto set their hands and seals the day and year first above written ipneD.li'edea BeGbeeeD ll(t..: ......... ................. N An t M Iht ITreamct.E Parker V. Ahl «..«......«_...«« _.....SEAL r Helen R. Ahl . ?` I re...b7o . School Dist. COmb..Co., Pe. Cumb. Co., Pe.. ?lY. R..I EJd. Tnmhr inr 00 - }% _R w Ed•N T-111.r T.. I J "'? ti=Op 7' S^ J» 73 O O ".0. 4b '3 Amf.. m n r ?.r ?- p? N ?sa^ i /PLC. ?.k?_tr>'?. ..,?. c.., ot.w GI• ?N. r .-= CM.b. C.. 010. C.1. M: 6 y i v o m. State of Pennsylvania 69. Gounty of Cumberland On this, the 3 - day of 1973 before me, the undersigned, officer, personally appeared Parker V. Ahl and Helen R. Ahl, his wife, i .............. )mown to me or satisfactorily { ( proven) to be the persons whose names are sleb$cxiUeZt- o t??g•,, v I within instrument, and acknowledged that they executed the same for the p xp4xes the7ein contained 5' r IN WITNESS WHEREOF, 1 hereunto set my hand and official seal Title of Officer. - - JANICE E. HERTZLER• NOT: PUBLIC _ CUMBERLAND COUNTY. CARLISLE, PA. MY. COMMISSION EXPIRES JANUARY 27TH. 1975 aad.72SPACE 237 + - - -\ 51:721 6/22/78 P.f:O.e.DE:-U%.ISi 'f THE AECDi.oi. i " nr`` err% '? // _ %U 26 26 1 11 U - THIS INDENTURE I MADE the day of June, in the year nineteen hundred )3 rJ and seventy-eight (1978) B E T W E E N RAYMOND J. WISS and BARBARA WISS, his wife, R. D. $7, Carlisle, i Pennsylvania, Grantors, parties of the first part, A N D JAMES A. STONE and MARY ELLEN STONE, his wife, R. D. !7, Carlisle, Pennsylvania, Grantees, parties of the second part, W I T N E S S E T H i That the said parties of the first part, for and in consider- ation of the sum of One Dollar, lawful money of the United States of America, well and tnEly paid by the said party of the second part to the said parties of the first part, at and j before the sealin d d li 1 L g an e very of these 9 y presents, the receipt J whereof is hereby acknowledged, have granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents do grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the said parties of the second part, their heirs and assigns. ALL of the interest of Grantors in those certain two tracts of land, situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract No. 1: BEGINNING at a point in the Yellow Breeches Creek; thence by a parcel described as Tract No. 1 in D.B. "E", Vol. 25, Page 235 and crossing the York Road, and also by land now " or formerly of John M. Lippert, North 4 degrees 30 minutes West 7482.75 feet to a point; thence by land now or formerly of Herman H. Helman, and crossing L.R. 21034, South 71 degrees 30 minutes East 1204.5 feet to a white oak; thence by land now or formerly of D al F. Jones, John E. Fulton ee f ? (nf `^ yy ?? __ ~ School Disf. Comb. Co., Pe. Cumb. Co., Pa. Errd• Tr."rt.r i.. ° COMMONWEALTH OF PENN5YLV.A.N;A YG A•*1 E.f•f. Tr.mhr T- DEPARTMENT OF kEVENUE L D•1• Y/.. /ZAmf/,? D. Aw ?. I.4 --S ,o FEALTY :SFEA ?? 4 T "? G 9 /y..?•r?. 1 JUR26'71 . ?er . / `+-tc..? ^' TAX C C..6. C« Dio. CeL A41. Cemb. G. Dbl. Gel. A91. !TT ° P.9 .11162 _ . BDDKW27 PACE 448 is :y l and George A. Nickel, and recrossing L.R. 21034 and the York Road, South 1 degree 15 minutes East 7053.75 feet to a point in the center of the Yellow Breeches Creek; thence up stream by the center of said Creek, South 68 degrees West 254.1 feet to a point; thence by the same, North 83 degrees West 473.55 feet to the Place of BEGINNING. CONTAINING 153 Acres 46 Perches. TOGETHER WITH the improvements thereon. BEING Tract No. 2 of the property which was conveyed to Raymond J. Wiss (one of the Grantors herein) and James A. Stone (Grantee herein) by deed dated May 30, 1973, and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book "E", Vol. 25, Page 235. Tract No. 2: BEGINNING at a point on the Western side of a '-lane 19 feet wide, said point being North 3 degrees West 60 feet, more or less, from the Northern side of the York Road; thence by the western side of said lane, North 3 degrees West 1033 feet, more or less, to a point; thence by other land of the Grantees, South 78 degrees West 312 feet to a point; thence by the same, South 3 degrees East 1079 feet, more or less, to a point; thence in an Easterly direction by land now or formerly of Charles L. Snyder and Rhoda K. Snyder, his wife, 312 feet, more or less, to the Place of BEGINNING. BEING the property which was conveyed to Raymond J. Wiss (one of the Grantors herein) and James A. Stone (Grantee herein) by deed dated September 3, 1974, and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book V, Vol. 25, Page 882. TOGETHER with all singular the tenements, hereditaments and appurtenances to the same belonging, or in anywise apper- taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; AND ALSO all the estate, title, interest, property, claim and demand whatsoever, both in law and equity, of the said parties of the first part, of, in, to or out of the said premises, and every part and parcel thereof.. TO HAVE AND TO HOLD the said premises, with all and singular the appurtenances, unto the said parties of the - 2 - BOOKVY 27 PACE 449 ? 0 0 t i second part, their heirs and assigns, to and for the only proper use and behoof of said parties of the second part, their heirs and assigns forever. AND the said parties of the first part, for themselves, their heirs, executors, and administrators, do by these presents, covenant, grant and agree to and with the said parties of the second part, their heirs and assigns, that they, the said parties of the first part, and their heirs, all and singular the hereditaments and premises herein above•described and granted, or mentioned and intended so to be, with the appur- tenances unto the said parties of the second part, their heirs and assigns, against the said parties of the first part and their heirs, and against all and every other person or persons, whomsoever, lawfully claiming or to claim the same or any part thereof, shall and will, by these presents, WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said parties of the first part' have hereunto set their hands and seals, the day and year first written above. (SEAL) 0 RAYMO ,YD J. W//,?/*S 6&A,4 , (L6 ,/ (SEAL) BARBARA WISS CERTIFICATE OF RESIDENCE I, hereby certify that the precise residence of the grantees herein is as follows: R. D. V, Box Carlisle, Pennsylvania. A rney or Agen or 6 ntee - 3 - BOOK 07 PACE 450 91-l'rt A 16 ?o ?i COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: On this, theOZ344ay of June , 197 a before me, the undersigned officer, personally appeared RAYMOND J. WISS and BARBARA WISS 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 purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. d. , OF"TNA A. N!'ERS, Nobry hbj !'Y twnmiwon E*m ArA 25. 1"1 My Commission Expires: h'?" W" PA w„n, ?` O 4 COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF , On. this, the day of , 197 , before me, the undersigned officer, personally appeared known to me (or satisfactorily proven) to be the person- whose name- subscribed to the within instrument, and acknowledged that executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. My Commission Expires: 0 1 BOONV 27. PACE 451 PLAINTIFF'S EXHIBIT a. m Q .o;, , t', ?,, ICI ? ? • « .... ? ? ? per' . {i, ?', a.? 14 d h ,,,?:?, . .. i •4 X R 4 ro. 1 1- , r- mol*l ILI of a .p .ro ?.• o+. •5?a• 40 ? t` u• ?s 1 ? ? :? fr. ;:,ate. 1 ,? ?? /,xt•?z? ,•?:, ? ?,?_ w In -fit a. IK-O ?? « 1 w r to }} F"?" :ld ?? E? 7 to ??.. •... I ? ? ?. , • ?? ;zr ? .:' ?;f,? n ?v1 to I. ` y.• t ?`' r C •,• a „'. 4 „1:. ?(` - ! r '.; A A' t r •?,. (V+ ? t IY ?J r 49 (; 5 ra #. r low ?'?? .' cY ?, K PLAINTIFFS EXHIBIT ±nr zzQ ? IA. :? r o Iw, .. M/ M "? mill t ?.. E 4 ? vx tr? Y `? -- 1pirlilt FCkTfIWF! ?? a a ?w F i ?• :5.? h ?. a a. -Ilk ? C a :? 1,.yz?ti 4 r hA vH S .. if. `tir ,? t1 ,? q3 rs r , ? ? m r,Zs lip. -0 z jo C) -4 1" O R ?? f°RA z-4 > Gr p --I m CA x C_ r to s me 3 ?q '<O rol "? t,, err Y 3 a a s j,v, o ?? o sv, Ill, lip Z O om A rm" r? r c m C 2 q. N S z D @ m .7. m s. N vfn ?r. C7 tR - A -1 A r- MZ e v= m mC ?^ (A -4 r A m? m n cT r m - -4 . o ? ? C r2 ? O r 7D J, ? ? Z son imom toiq I o? .? z M OVERSIZE EXHIBIT CAN NOT BE SCANNED L • Dab, MADE THE 3 / day of Lq.+ c ws J in the year of our Lord one thousand nine hundred eighty-seven (1987) 'i BETWEEN JAMES A. STONE and MARY ELLEN STONE, his wife, of the l4 Borough of Carlisle, Cumberland County, Pennsylvania, parties of the first part, herein called the Grantors axd RICHARD A. PRZYBYL and. LINDA E. PRZYBYL, his wife, of Dickinson Township, Cumberland County, Pennsylvania, parties of the second part, herein called the Grantees WITNESSETH, that in consideration of one ( $1.00 ) DoRaM in hand paid, the receipt whereof is hereby acknow¢edged, the said grantors do hereby grant and convey to the said grantees , as tenants by the entireties, their heirs and assigns, ALL that certain tract of land, together with the improvements thereon erected, situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described.in accordance with a final subdivision plan prepared by Eugene Albert Hockensmith, Registered Surveyor, which said subdivision plan is „ recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 43, Page 9, as follows: BEGINNING at a railroad spike in the centerline of old York Road, in line of lands now or formerly of Raymond.J. Wiss and Barbara Wiss, his wife; thence by lands now or formerly of said Raymond J. Wiss and Barbara•Wiss, his wife,. North 2° O1' 30" West 1,646.34 feet to an iron pin; thence by Lot No. 2 on said subdivision plan, North 87° 58' 30" East 922.77 feet to an iron pin; thence by lands formerly of the Grantors herein, South 1° 12' 40" West 486.25 feet . to an angle iron at post; thence by lands now or formerly of Jennings F. Cox, South 1° 14' 10" West 875.77 feet to a nail and cap in the centerline of said Old York Road; thence by the centerline of said Old York Road, South 690 25' 48" West 18.48 feet to a railroad spike; thence by lands now or formerly of Charles L. Snyder, North 0° 36',46" East 80.36 feet to an iron pin at post; thence by the same, South 73° 38' 37" West 323.50 feet to an ironpin at post; thence by the same, South 1° 37' 09" West 106.59 feet to a railroad spike in the centerline of said Old York Road; thence by the centerline of said Old York Road, South 690 25' 48" West 273.14 feet to a spike; thence by the same, South 69° 50' 48" West 267.28 feet to a railroad spike, the point and place of BEGINNING. BEING Lot No. 1 on said subdivision plan, and containing 29.7 acres; and BEING improved with a two story brick dwelling house and attached garage known and numbered as 639 West Old York Road, Carlisle, Pennsylvania. UNDER AND SUBJECT, NEVERTHELESS, to the conditions and restrictions noted on said subdivision plan. BEING a part of Tract No. 1 and all of Tract No. 2 which James A. Stone and Mary Ellen Stone, his wife, by deed dated June 23, 1978, and recorded in the office of the Recorder of Deeds, aforesaid, in Deed Book "W", Vol. 27, Page 463, granted and conveyed to James A. ':. • Stone and Mary Ellen Stone, his wife, the Grantors herein., BOOK X, 32 PACE 129 t ,. ?,.........wa•.n,.,u.....,».....r........,.w.......w:«.w,.:n.?.r,woirw.na, I.. I ? And the said grantor s hereby covenant and agree. that they ? weU warrant generally the property hereby conveyed. "a- 1 IN WITNESS WHEREOF, said grantors havehereuntoset their hands and seals the day and year first above written. /f bipneb, bcaleb anb Delibeceb ames A. Stone in tbt J1ret!cnce of ._..__.......... _..... _........... ._.... _..................... _... Q?u .. . ....... ......1.'L:cc.`.`?`?!t?......_:._.J--•• Mary ten Stone. ?' ?! ? t . s ss?r. State of Pennsylvania County of Cumberland On this, the 3?L day of Aw 6•?1'% , 1987 before me, t the undersigned officer, personally appeared James A. Stone and Mary Ellen Stone, his wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the k • t within instrument, and acknowledged that they executed same for the purpppef therein < ' contained IN WITNESS WHEREOF, .I hereunto set m hand and official aL ?'IC s y j `?.?p7•t J' 1 _.._...Ltr..... 2........ .c i 1 "? can • ; 7 rt• 41. Notary ?jjhk..._...._._._.?..r. A......»...... I' Mt. WHY 3nnngs Oct. Cv.nberlAnd o. Pa fir's"1tQ? fj I? My Corn Comn•is,ion Expires xpires et. B, 1990 /' ms's "y"?•?• 1 State of County of ;I On this, the day of .., 19 , before me, the undersigned officer, personally appeared known to me (or satisfactorily proven) to be the person whose name subscribed to the within instrument, and acknowladged that executed same for the purposes therein contained IN WITNESS WHEREOF, I hereunto set my hand and official seal. .. ............................ _.._.......... __..:._........ ......_........... .. Title of Officer. .;?__ do hereby certify that the pre ' a residence and complete post office addr s of the within named grantee is (a39Cl pZ GL ? I1Of W • ?d C`GL 1,5 U, Z. 3: . _.._.... _......... _.. ` .__..._ t Attorney Jor 1f A.?.?..._._..._?._._._. • DOOR \(32 PACE 131 i Est G LER qc CF gf) JUL 25 Pn y Ol - Tax Parcel # 08-11-0292-008 (?;?qea MADE Z;r" this stil.? day of , 2007, BETWEEN RICHARD A. PRZYBYL and LINDA E. PRZYBYL, husband and wife, of Carlisle, Cumberland County, Pennsylvania, "GRANTORS", AND CHRISTOPHER J. KEEGAN and AUDREY R. KEEGAN, husband and wife, of Carlisle, Cumberland County, Pennsylvania, "GRANTEES", • WITNESSETH, that in consideration of the sum of One and 00/100 ($1.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey in fee simple to said Grantees, their heirs and assigns, as tenants by the entireties, ALL THAT CERTAIN tract of land, together with the improvements thereon enacted, situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a final subdivision plan prepared by Eugene Albert Hockensmith, Registered Surveyor, which said subdivision plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 43, Page 9, as follows: BEGINNING at a railroad spike in the centerline of Oki York Road, in line of lands now or formerly of Raymond J. Wiss and Barbara Wiss, his wife; thence by lands now or formerly of said Raymond J. Wiss and Barbara Wiss, his wife, North 2 degrees 01 minute 30 seconds West 1646.34 feet to an iron pin; thence by Lot No. 2 on said subdivision plan, North 87 degrees 58 minutes 30 seconds East 922.77 feet to an iron pin; thence by lands formerly of James A. Stone and Mary Ellen Stone, South 1 degree 12 minutes 40 seconds West 486.25 feet to an angle iron at post; thence by lands now or formerly of Jennings F. Cox, South 1 degree 14 minutes 10 seconds West 875.77 feet to a nail and cap in the centerline of said Old York Road; thence by the centerline of said Old York Road, South 69 degrees 25 minutes 48 seconds West 18.48 feet to a railroad spike; 0 t04f, 26i PAGE 67-4 •, • • thence by lands now or formerly of Charles L. Snyder, North 0 degrees 36 minutes 46 seconds East 80.36 feet to an iron pin at post; thence by the same, South 73 degrees 38 minutes 37 seconds West 323.50 feet to an iron pin at post; thence by the same, South 1 degree 37 minutes 09 seconds West 106.59 feet to a railroad spike in the centerline of said Old York Road; thence by the centerline of said Old York Road, South 69 degrees 25 minutes 48 seconds West 273.14 feet to a spike; thence by the same, South 69 degrees 50 minutes 48 seconds West 267.28 feet to a railroad spike, the point and place of BEGINNING. BEING Lot No. 1 on said subdivision plan, and CONTAINING 29.7 acres. BEING improved with a two story brick dwelling house and attached garage known and numbered as 639 West Old York road, Carlisle, Pennsylvania. UNDER AND SUBJECT, NEVERTHELESS, to the conditions and restrictions noted on said subdivision plan. BEING the same premises which James A. Stone and Mary Ellen Stone, his wife, by Deed dated August 31, 1987 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 32-X Page 129, granted and conveyed unto Richard A. Przybyl and Linda E. Przybyl, Grantors herein. AND the said Grantors hereby warrant specially the property herein conveyed. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and year first above written. Witness: i and A. P i Linda E. Przybyl BOOK 281 PAGE 625 COX TITLE HISTORY SUMMARY 631 WEST OLD YORK ROAD MORRISON 6-1-50 WITMER 8-19-74 COX u n LJ E • • TF 2557 6 TP 4946 101.8!-w. nnlD.d 8MK form. A.t r 1000 91 1 Ww,. 11.411' M.II, In.•'Inalae., f.. a .. / !lECDADED•OFFICE DP THE CORD EAIA 0 COUNTY UMO ' i ? ?• ?? C PENNSYLVANIA In 19 1127 AH '74 I i . MADE THE 9 day of In the year of our Lord one thousand nine hundred Seventy-Four. BETWEEN RODNEY M. WITMER and MARY K. WITMER, his wife, of the Borough of Carlisle, Cumberland County, Pennsylvania, Grantors , and JENNINGS F. COX and ANNE M, COX, his wife, of Dickinson Township, Cumberland County, Pennsylvania, Cranraas' , WITNESSETH; that In consideration of THIRTY-THREE THOUSAND FIVE HUNDRED (533,500.00) Dollars, In hand paid, the receipt whereof Is hereby acknowledged, the said grantor g do hereby grant and convey to the sold grantee S , -1 ALL that certain tract of land with the improvements thereon erected, si-taste-in-D-ickn-son Towns-hip,-C-umbe.-rland-Coun-tyr-Pennsylvania,-more-- I fully described as follows: BEGINNING at an iron pin in the York Road on the line between the tract. hereby conveyed.-and lands now or formerly of Mrs. Robert Peffer; thence by the latter: lands North .2 1/2 degrees West 51.6 perches to a stone; thence•by the same South 74; degrees West 9.5 perches to a post in the line of land now or foimerly of•P. V. Ahl; thence by the same South 2 1/2.-degrees East 53.1 perches to a stone in the said York Road; t}ience by.said.York Road,•North 56 3/4 degrees East 10.05 perches to the place of Beginning. Containing:3.Acres 6. perches according to survey of S.' J. Tritt, Co.; Surveyor ,• dated August 18, 1899. BEING the same property which W. G. Morrison and Ruth A. Morrison, his wife, by deed dated June 1, 1950, and recorded in Cumberland County Deed Book 14 "I" S81, granted and conveyed unto Rodney M. Witmer and Mary K. Witmer, his wife, Grantors' herein. r..4rkb .fti'•t•'?`::::::•? School Dist. Cumb. Ca., Pe Cumb. Co., Pe. • ?t% Red Estate T,eed.r T0. '6"- R.d W-f- Tr.4d•r/Too I o.1'. (?// <? p Amt .F • / 7,.5?. ?0...?/.. Ae#r7.js1' a.M .'/..1 F1' • c.mL, tom. W. 0.1. AN. ?C •+""\• • CoL A S j c C0M)VONV/cALTH CF P:`TSpy,?j i "' uIPJ,.ai:?1eNT Ot RBVE?iilc j E3,1 5. LOO UG 91 i r._ 119z - i AND the sold grantor hereby covenant and agree that they and each of them will warrant generally the property hereby conveyed. 1 I j 00097"25 rAcE 159 "Exhibit B" .' y o • a IN WITNESS WHEREOF, said grantor S he VC hereunto set their hand S and seal S the day and year first above written. /? 41 *ieneb, Frrsteb enb joelieereb •_ r'•'• MAU r "ko ney M: Witmer in eke 7preseare of Mary K. Witmer F Store of PENNSYLVANIA fi County of CUMBERLAND li On this, the day of fV 19 74 , before me, is 0 t? the undersigned officer, personally appeared Rodney M. Witmer and Mary K. Witmer,, his wife, f I, k(%oWii'%W*-).or satisfactorily proven) to be the person S whose name S are subscribed to the with. ;t?kiidtrumeit?/8jd acknowledged that they executed some for the purposes therein contained. I' ?.i r I ME* WHEREOF, I hereunto set my hand ad official-se?al/.? ":?kip a -" t U F j t .. ;Y;tk?f7;•' • •.. G^^^. °? _._? + easy s? c , s n .?c •:? NOTARY PUBUC ?.?}. ?! ? ' V = Mt.fsmm!fsgn.TzciVlaJltemR?A aIB_i ., :•0 ??SY.L`1?' %0 COMM. Ps. Combat'" C 0 Title of Officer. • • do hereby certify that the precise residence and ro plate office address of the within named grantee is Veo f .Qsr6 17d/ pip T9 7y -/ .. 711 eafrefl?LA' ' Attorney for Comm EALYH F PENNSYLVANIA Coon i RECORDED on this _e _/ day of A. D. 19 In the Recorder's office of the said County, Deed Sook ?- 1I Vol. - page ', - .. Given under my hand and the seal o id office, the dale a qv* written. Recorder. l I mu 7-25 PACE 16U i a >< a m ? v ci w x F V M 1 N a z H z Ix 3 tY W1 w a H e ti I I le S. F. ..._t h EMANDAR REALTY CO. Att eat: Frank B. Mumma Secretary K I( v COMJONWEALTH (AF PENNSYLVANIA) SS • ^OUNTY OF C rM9ER:,A:JD ) certify that on this 31st day of Oetooer, In the year of our Lord, one thousand I hereby three before me, the subscriber a Notary Public, Personally appeared hire hundred and thirty- Frank B. Mumma the attorney named in the,foregoing deed, and by virtue of and in pursuance of he authority therein conferred upon him, ack[,owledged the"'aeid deed to be the act a[d deed f the said :,,,,,,d,,r Realty Company. WITN1SSS and and notarial seal the day and year afcresai&. G. Pauline Robinson ^Notary Public G.P.R. N.P. My commission exAres Aug. 17,1936 I hereby certify that the precise address of the grantees herein is Mechanicsburg, Pa. .D.#4. ompared by B.G.& N.M. J.Freed Martin Atty. for Grantees 1 THIS INDENTURE No. 4215 ' DEED r CMADE THE 29th day of November in -6ke year of our Lord one WILLIAM tAONROE'S DEVISEES thousand nine hundred and thirty three TO p BETWEEN Joseph I, Munro, and Isabella W. Munro, (both single) J. CLYDE BARRICK of South Middleton Township, Cumberland county , Pennsylvania, AND jperttes of the first part, and J. Clyde Barrich and S. Alice S. ALICE BARRICK, HIS WIFE )Barrack, his wife, of Dickidson Township, said county and stale, CONS. $1,00 Oparties of the second part: . LOC. DICKINSON fOWNSP.IP ) WITNESSETH, that the said '¢a?ies of the first part. for and DATED NOV. 29,1933 din consideration of the sun of one dollar and other good 'and ENTERED DEC, 26,1933 valuable considerations lawful money of the United States of )America, well and truly paid by the said parties of the sec[.nd part to the said parties of the first, part, at and before the e[,seali[.g and delivery of ?I these presents, the receipt whereof is hereby aoknowledged, have granted, bargainee, sold, aliened, enfecffed, released, conveyed and confirmed, and by these presents do grant, bargain sell. alien, emfeoff, release, convey and confirm unto the said partibs of the second part, all that portion of that certain farm situate in Dickinson Township.Cumberland county, Pennsylvania, and known as the Monroe Mansion Farm. bounded and described As follows[ CBeginnin6 at a corner being the intersection of the north line of the York Road and the western line of a lane nineteen (19) fee t wide, thence with -the western line of said lane north three (3) degrees west, one thousand and ninety three (103) feet to a point, thence with other Land of the parties of the first part south seventy eight (79) cegrees west, three hundred and twelve (312) feet to a point, thence with other land of the parties of the first pert south three (3) degrees east, eleven hundred an sixty five sixty five O feet more or less to same north the northern line of the York Road, thence with • T N. e • J • hundred and thirty three (333) feet to the western line of said lane, the ple.ce of beginning,, the same being improved with a frame dwelling house arrl various outbuildings. It being a porti of thgf larger treat of land which was conveyed by John Kenege and Dorothy Kenege to William Mo, by deed dated the-20th day of March, A.D.1812. recorded in the office of the Recorder of deeds i in and for Cumberland county, In deed Book "V". Volume I. at page 41, and of,which by virtue of the intestate laws of the commonwealth of Pennsylvania and by virtue of vartogs devises, the , parties of the first part herein are now vested with afee simple estate In said lend. TOGFTHRR with all and singular, the buildings. Improvements, woods, ways, rights, libertle! privileges, hereditaments and appurtenances, to the some belonging, or in any ,wise appertaining, and the reversil)n and reversions; remainder and remainders, rents, issues ardp rofits thereof, and of every part and parcel thereof: AND ALSO, all the estate, right, title, interest, property possession, claim and demand 'whatsoever, both in, law and equity, of the said parties of the fir, part, of, in, and to the said premises, with the appurtenances: TO HAVE AND TO HOLD the 'said premises, with all and singular the appurteranoeis,unto the sai parties of the second part, t'o the only proper use, benefit and behoof of the said partiesof the second pert, for ar,d during the term of their joint lives and the life of the survivor of them. AND the said parties of the first part, their heirs, executors and administrators, do by these presents, covenant. grant and agree, to and with the said parties of the second part, that the said parties of the first' part, their heirs, all and singular the herediLimenca and promises herein above described and granted, or mentioned and Intended so to be, with the appurtenances, unto the said parties of the second )I-rL, against the said parties of the first part, thei r heii R and against all and every other person or persons whomsoever lawfully claiming or to elaimthe same or any part thereof, shall and wfA w#rrent and forever defend. IN WITNESS WHEREOF, the said parts s of the first part to these presents have hereunto set their hands and seals dated the day and year first above written. Sigi,ed, sealed and delivered In Joseph I. Munro (L.S.) the presence of Isabella W. Munro (L.S.) Hattie N. Frehn ~ Joseph P. McKeehan STATE OF PENNSYLVANIA) COUNTY OF CUMBRRLkND )SS On the 29th day of Notember Anno Domini 1933, before me, a Notary Public in and for said County & State personally appeared the above-named Joseph I. Munro and Isabella W. Munro and in due form of law aok:.owledged the above indenture to be their act and deed, and desired the same might be recorded as such. WITNESS_my hand and nocarlal?'seal the day and year aforesaic. Fy : , y i Hattie N. Frehn Notary Publ4a - N.P. My eommissicn expires Mar. 6,1935' The residence of the within-caned grantees is dicxinson Township, Carlisle R,D.S Cumb Co, >a. J. Clyde Barrick ) Compared by B.G,& N.M. S. Alice Barrick ) Grantees J EXHlBff NO. 22551 DEED FIRST PRESBYTERIAN CHURCH OF CARLISLE Q 11/25/52 a C"'.'.OMEI ,ARY TO P. V. AHL ET UX CONS. $1.00 LOC. DICKINSON TOWNSHIP DATED NOVEMBER 25, 1952 ENTD. NOVEMBER 259 1952 TIME 2:30 P M 9 S5'? ,,A Ci 4 11/25/5_% C ONE PART AND O P.V. AML AND HELEN R. AHL, HIS WIFE, OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, PARTY OF THE SECOND PART, OF THE OTHER PART, WITNESSETH, THAT THE SAID PARTY OF THE FIRST PART A16R AND IN CONSIDERATION OF THE SUM OF ONE (#1.00) DOLLAR AND OTHER GOOD AND VALUA & E CONSIDERATIONS, LAWFUL MONEY OF THE UNITED STATES, TO IT IN HAND PAID BY THE SAID PARTY OF THE SECOND PART AT THE TIME OF THE EXECUTION HEREOF, THE RE- CEIPT WHEREOF IS HEREBY ACKNOWLEDGED, HAS GRANTED, BARGAINED, SOLD, ALIENED, ENFEOFFED, RELEASED AND CONFIRMED, AND BY THESE PRESENTS DOES GRANT, BARGAIN, SELL, ALIEN, ENFEOFF, RELEASE AND CONFIRM UNTO THE SAID PARTY OF THE SECOND PART, THEIR HEIRS AND ASSIGNS, AS TENANTS BY THE ENTIRETIES, ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BEING ? PnRr?nu nc THAT CERTAIN FARM ORIGINALLY KNOWN AS THE MONROE MANSION FARM BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A CORNER BEING THE INTERSECTION OF THE NORTH LINE OF THE YORK ROAD AND THE WESTERN LINEOF A LANE NINETEEN (19) FEET WIDE; THENCE WITH THE WESTERN LINE OF SAID LANE NORTH THREE (3) • DEGREES WEST, ONE IFIiOUSAND AND NINETY-THREE (1093) FEET TO A POINT; THENCE WITH OTHERLAND OF THE PARTY OF THE SECOND PART SOUTH SEVENTY-EIGHT (7S) DEGREES WEST, THREE HUNDRED AND TWELVE (312) FEET TO r POINT, THENCE WITH OTHER LAND OF THE PARTY OF THE SECOND PART SOUTH THREE (3) DEGREES "EAST ELEVEN HUNDRED AND SIXTY-FIVE (1165) FEET, MORE OR LESS, TO THE NORTHERN LINE OF THE YORK ROAD; THENCE WITH THE NORTHERN LINE OF THE YORK ROAD NORTH SIXTY-FIVE (65) DEGREES EAST, THREE HUNDRED AND THIRTY-THREE (333) FEET TO THE WESTERN LINE OF SAID LANE, THE PLACE OF BEGINNING, THE SAME BE- ING IMPROVED WITH A FRAME DWELLING HOUSE: AND VRQ*ICUS OUTBUILDINGS.' IT BEING THE SAME PIECE OR PARCEL OF LAND WHICH JOSEPH 1. rAUNRO AND ISABELLA ,., MUN&Q nnT.H SINGLE, BY DEED DATED NOVEMBER 2S', 193+AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND. FOR CUMBERLAND COUNTY PENNSYLVANIA, IN DEED BOOK "K", VOL 11, PAGE 1' co?eirrn ?r,n ?n.l„??cn LIFE INTEREST TO J CLYDE BARRICK AND S. ALICE BARRICK, MIS WIFE, DURING THE TERM OF THEIR JOINT LIVES AND THE LIFE OF THE SURVIVOR OF THEM. AND THE SAID J. CLYDE BARRICK DIED OCTOBER 19, 1948, AND THE SAID S. ALICE BARRICK, ALSO K,'40WN AS SARAH A. BARP.ICK, DIED OCTOBER 12, 1952, THEREBY VESTING A FEE SIMPLE TITLE IN THE TRUSTEES OF THE PRESBYTERIAN CHURCH IN THE BOROUGH OF CARLISLE, AND iN THE COUNTY OF CUMBERLAND (ALSO KNOWN AS THE FIRST PRESBYTERIAN CHURCH OF CARLISLE, PENNSYLVANIA), THE REMAINDERMAN, GRANTOR HEREIN. TOGETHER WITHALL AND SINGULAR THE BUILDINGS, PRIVILEGES, HEREDITAMENTS AND APPURTENANCES WHAT- SOEVER THEREUNTO BELONGING OR IN ANYWISE APPERTAINING, AND THE REVERSIONS AND REMAINDERS, RENTS, ISSUES AND PROFITS THEREOF; AND ALL THE ESTATE, RIGHT, TITLE, INTEREST, PROPERTY, CLAIM AND DEMAND WHATSOLVER OF IT, THE SAID PARTY OF THE FIRST PART EITHER IN LAW OR EO W TY, OF, IN AND TO THE SAME. TO HAVE AND TO HOLD THLSAID MESSUAGE OR TENEMENT AND LOT OR PIECE OF GROUND ABOVE DESCRIBED, HEREDITAMENTS AND PREMiISES HEREBY GRANTED, BARGAINED AND SOLD, OR MENTIONED, OR INTENDED SO TO BE, • WITH THE APPURTENANCES, UNTO THE SAID PARTY OF THE SECOND PART, THEIR HEIRS AND ASSIGNS, TO AND FOR THE UNLY PROPER USE AND BEHOOF OF THE SAID PARTY OF THE SECOND PART, THEIR HEIRS AND ASSIGNS FOREVER AND THE SAID PARTY OF THE FIRST PART FOR ITSELF ANu ITS SUCCESSORS, DOES HEREBY COVENANT AND AGREE TO AND WITH THE SAID PARTY OF THE SECOND PART, THEIR HEIRS AND ASSIGNS, THEREOF THE SAID PARTY OF THE FIRST PART AND ITS SUCCESSORS, ALL AND SINGULAR THE SAID HEREBY GRANTED PREMISES, WITH• THIS DEED, i MADE THE 25TH DAY OF NOVEMBER A.D. 195'.2 BETWEEN THE CORPOR TION BY THE NAME, STYLE AND TITLE OF TRUSTEES OF THE PRESBYTERIAN CHURCH IN THE BOROUGH OF CARLISLE, AND IN THE COUNTY OF CUMBERLAND (ALSO KNOWN AS THE FIRST PRESBYTERIAN CHURCH OF CARLISLE, PENN- SYLVANIA,), PARTY OF-THE FIRST PART, OF THE' 4 • THE AGAINST ' -- - - APPURTENANCES, UNTO THE SAID PARTY OF THE SECOND PART, THEIR HEIRS AND ASSIGNS, AGAINST ALL AND EVERY OTHER PERSON AN( THE SAID PARTY OF THE FIRST FART ANDITS SUCCESSORS, AND PEP.SONS WHOMSOEVER LAWFULLY CLAIMING OR TO CLAIM THE SAME OR ANY PART THEREOF. SHALLAND WILL WARRANT AND FOP.EVER DEFEND BY THESE PRESENTS IN TESTIMONY WHEREOF, THE SAID PARTY OF THE FIRST PART HAS CAUSED THIS INDENTURE TO BE S ED By ITS PRESIDENT, BY ITS SECRETARY ANF AFFIXED HEREUNTO THE COMMON AN(l CORPORATE '• OF THE SAID CORPORATION, THAT THE SEAL AFFIXED HERETO IS THE SEAL OF SAID CORPORATION, THAT I' WAS SO AFFIXED BY ORDEROF THE BDARD OF DIRECTORS OF SAID CORPORATION, AND THAT THEY SIGNED T I,I NAMES HERETO BY LIKE ORDER, THE DOY AND YEAR FIRST ABOVE WRITTEN. i SIGNED, SEALED AND DELIVERED CREEDIN E. EPPLEY, IN THE PRESENCE OF PRESIDENT ppBPBRATl4i11 ATTEST: JOSEPH V. THOMPSON, JR. $LHL ? i HENRY L. STUART SECRETARY AS TO BOTH COMMONWEALTH OF PENNSYLVANIA 4 SS: COUNTY OF CUMBERLAND 4 ON THIS, THE 25AH DAY OF' NOVEMBER A.D. 1952, BEFORE ME THE UNDERSIGNED 'OFFICER* PERSONAL APPEARED CREEDIN E. EPPLEY WHO ACKNOWLEDGED HIMSELF TO BE THE PRESIDENT OF THE SAID PARTY OF FIRST PART HEREIN A CORPORATION, AN-THAT HE AS SUCH PRESIDENT BEING AUTHORIZED TO DO SO, EXE TED THE FOREGOING INSTRUMENT FOR THE PURPOSES THEREIN CONTAINED BY SIGNING THE NAME OF THE C PORATION BY HIMSELF AS PRESIDENT. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND OFFICIAL SEAL. C. HENDERSON HUMRICH DEPUTY RECORDER OF DEEDS-CUMBERLAND COUNTY, PA. MY COM EXP THE FIRST MONDAY OF JANUARY 1954 I HEREBY CERTIFY THAT THE RESIDENCE AND POST OFFICE OF WITHIN GRANTEE IS • • 631 W. SOUTH STREET, CARLISLE, PENNA. HENRY L. STUART, ATTY. ------------------------------------------------------------------------------------------• E G THIS DEED, N0. 22552 ONITED ^? TES FL A DEED 4$4.95 'PVA 41. 6LS RKS MADE THE 25TH DAY OF NOVEMBER IN P.V. AHL ET UX 11/25 "1/25R?VC4;11'. 111/2SyL52.. 5? _ ? YEAR OF OUR LORD ONE THOUSAND NINE HU' TO ^ 1..°1o•ARY RED AND FIFTY-TWO (1952). CHARLES L. SNYDER ET UX 4 BETWEEN P.V. AHL AND HELEN R. AHL, HIS WIFE, OF CARLISLE, CONS. $1.00 4 CUMBERLAND COUNTY, PENN YLVANIA, GRANTORS, AND LOC. DICKINSON TWP. 4 CHARLES L. SNYDER AND RHODA K. SNYDER, HIS WIFE, OF NORTH DATED NOVEMBER 25, 1952 4 DLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, GRANTEES: ENTD. NOVEMBER 25, 1952 WITNESSETH, TH?,T IN CONSIDERATION OF 04E ($1.00) DOLLAR A TIME 2:30 P M. D OTHER GOOD AND VALUABLE CONSIDERATIONS, IN HAND PAID, THE RECE a WHEREOF IS HEREBY ACKNOWLEDGED, THE SAID GRANTORS DO HEREBY GR AND CONVEY TO THE SAID GRANTEES, THEIR HEIRS AND ASSIGNS, AS TENANTS BY THE ENTIRETIES, ALL TH,T CERTAIN LOT OF GROUND bITUATE IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSY VANIA, BOUNDED AND DESCRIVED AS FOLLOWS: BEGINNING AT A CORNER BEING THE INTERSECTION OF THE NORTH LINE OF THE YORK ROAD AND THE ERN LINE OF A LANE 19 FEET WIDE, THENCE BY THE WESTERN LINE OF SAID LANE NORTH THREE (3) DE GREES, WEST, 60 FEET, MORE OR LESS, TO A CORNER POST OF A FENCE; THENCE BY LAND OF THE GRANT HEREIN OF WHICH THIS LOT OF GROUND WAS A PART, IN A WESTERLY DIRECTION ALONG A FENCE LINE, DISTANCE OF 312 FEET, MORE OR LESS, TO A CORNER POST OF A FENCE; THENCE BY OTHER LAND OF THE GRANTORS HEREIN SOUTH THREE: (3) DEGREES EAST, A DISTANCE OF 86 FEET, MORE OR LESS, TO THE NL LINE OF THE YORK ROAD; THENCE BY THE NORTHERN LINE OF THE YORK ROAD NORTH SIXTY-FIVE (65) DE GREES EAST, A DISTANCE OF 333 FEET TO THE WESTERN LINE OF SAID LANE, THE PLACE OF__BEGINNLNG, THE APPURTENANCES, UNTO THE SAID PARTY OF THE SECOND PART, TF+EIR HEIRS AND ASSIGNS, AGA THE SAID PARTY OF THE FIRST FART ANDITS SUCCESSORS, AND AGAINST ALL AND EVERY OTHER PER PERSONS WHOMSOEVER LAWFULLY CLAIMING OR TO CLAIM THE SAME OR ANY PART THEREOF. SHALLAND WILL WARRANT AND FOREVER DEFEND BY THESE PRESENTS IN TESTIMONY WHEREOF, THE SAID PARTY Of THE FIRST PART HAS CAUSED THIS INDENTURE T ED BY ITS PRESIDENT, ATTESTED BY ITS SECRETARY ANF AFFIXED HEREUNTO THE COMMON AND CORP OF THE SAID CORPORATION, THAT THE SEAL AFFIXED HERETO IS THE SEAL OF SAID CORPORATION, WAS SO AFFIXED BY ORDEROF THE BOARD OF DIRECTORS OF SAID CORPORATION, AND THAT THEY SI NAMES HERETO BY LIKE ORDER, THE DbY AND YEAR FIRST ABOVE WRITTEN. SIGNED, SEALED AND DELIVERED CREEDIN E. EPPLEY, I I IN THE PRESENCE OF PRESIDENT CORPBEiAT1 HENRY L. STUART ATTEST: JOSEPH V. THOMPSON, JR. S HL SECRETARY I AS TO BOTH COMMONWEALTH OF PENNSYLVANIA Q COUNTY OF CUMBERLAND Q SS: ON THIS, THE 25% DAY OF NOVEMBER A.D. 1952, BEFORE ME THE UNDERSIGNED OFFICER, PE APPEARED CREEDIN E. EPPLEY WHO ACKNOWLEDGED HIMSELF TO BE THE PRESIDENT OF THE SAID PAR FIRST PART HEREIN A CORPORATION, AN- THAT HE AS SUCH PRESIDENT BEING AUTHORIZED TO DO S TED THE FOREGOING INSTRUMENT FOR THE PURPOSES THEREIN CONTAINED BY SIGNING THE NAME OF PORATION BY HIMSELF AS PRESIDENT. IN WITNESS WHEREOF, 1 HEREUNTO SET MY HAND AND OFFICIAL SEAL. C. HENDERSON HUMRICH DEPUTY RECURDER OF DEEDS-CUMBERLAND COUNTY, P MY COM EXP THE FIRST MONDAY OF JANUARY 1954 • I HEREBY CERTIFY THAT THE RESIDENCE AND POST OFFICE OF WITHIN GRANTEE IS 631 W. SOUTH STREET, CARLISLE, PENNA. HENRY L. bTUART, ATTY. E G --------------------------------------------------------------------------------------- N0. 22552 ( THIS DEED, DEED ?. '11TED aT", ':fS F_ 4$4.95 PVA. 141. CLS RK$ MADE THE 25TH DAY OF NOVEMI =RtIALR:V?.I;OE Mf ? ? 1-1/23/1-2-- P.V. ANL ET UX .YEAR OF OUR LORD ONE THOUSAND NI 11/25/52 TO r"jcu1k."ay III k RED AND FIFTY-TWO (1952). CHARLES L. SNYDER ET UX Q BETWEEN P.V. AHL AND HELEN R. AML, HIS WIFE, OF CARL CONS. $1.00 Q CUMBERLAND COUNTY, PENN YLVANIA, GRANTORS, AND LOC. DICKINSON TWP. Q CHARLES L. SNYCER AND RHODA K. SNYDER, HIS WIFE, OF DATED NOVEMBER 25, 1952 Q DLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, GRANTEE ENTD. NOVEMBER 25, 1952 Q WITNESSETH, TH,,T IN CONSIDERATION OF (NE ($1.00) DOL TIME 2:30 P M. Q OTHER GUOD AND VALUABLE CONSIDERATIONS, IN HAND PAID, THE WHEREOF IS HEREBY ACKNOWLEDGED, THE SAID GRANTORS DO HERE AND CONVEY TO THE SAID GRANTEES, THEIR HEIRS AND ASSIGNS, AS TENANTS BY THE ENTIRETIES, ALL THAT CERTAIN LOT OF GROUND SITUATE IN DICKINSON TOWNSHIP, CUMIfRLAND COUNTY, F VANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A CORNER BEING THE INTERSECTION OF THE NORTH LINE OF THE YORK ROAD At ERN LINE OF A LANE 19 FEET WIDE, THENCE BY THE WESTERN LINE OF SAID LANE NORTH THREE GREES, WEST, 60 FEET, MORE OR LESS, TO A CORNER POST OF A FENCE; THENCE BY LAND 0 E HEREIN OF WHICH THIS LOT OF GROUND WAS A PART, IN A WESTERLY DIRECTION ALONG A FENCE LI DISTANCE OF 312 FEET, MORE OR LESS, TO A CORNER POST OF A FENCE; THENCE BY OTHER LAND L GRANTORS HEREIN SOUTH THREE (3) DEGREES EAST, A DISTANCE OF 86 FEET, MORE OR LESS, TO ?9+JLINE OF THE YORK ROAD; THENCE BY THE NORTHERN LINE OF THE YORK ROAD NORTH SIXTY-FIVE (I 1 • SAME BEING IMPROVED WITH A FRAME DWELLING HOUSE AND VARIOUS OUTBUILDINGS. TOGETHER WITH THE RIGHT OF INGRESS, EGRESS ANDREGRESS TO THE GRANTEES HEREIN, THEIR HEIRS AND ASSIGNS, IN, ON AND OVER THE SAID LANE ALONG THE EASTERN BORDER OF THE PROPERTY HEREIN CONVEYED FROM THE SAID YORK ROAD TO A POINT AT THE NORTHERN BORDER OF THE PROPERTY HEREIN CONVEYED. AND THE GRANTORS HEREIN EXCEPT AND/OR RESERVE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS THE UNINTERRUPTED RIGHT OF USE, INGRESS, EGRESS AND REGRESS IN, ON AND OVER THE SAID LANE ALONG THE EASTERN BORDER OF THE PROPERTY HEREIN CONVEYED FROM THE SAID YORK ROAD TO A POINT AT THFNORTHEM BORDER OF THE PROPERTY HEREIN CONVEYED. IT BEING THE SOUTHERN PART OF THAT CERTAIN PIECE OR PARCEL OF LAND WHICH THE FIRST PRESBYTERIAN CHURCH OF CARLISLE, PENNSYLVANIA, BY DEED DATED NOVEMBER 25TH, 1952, AND LEFT FOR RECGRDING THE SAME DAY, GRANTED ANO CONVEYED TO V. AHL AND HELEN R. AHL, HIS WIFE, GRANTORS hEREIN. AND THE SAID GRANTORS, DO HEREBY COVENANT AND AGREE TO AND WITH THE SAID GRANTEES, THAT THEY, THE GRANTORS, THEIR HEIRS, EXECUTORS AND ADMINISTRATORS, SHALL AND WILL WARRANT GENERALLY AND FOR- EVER DEFEND THE HEREIN ABOVE DESCRIBED PREMISES, WITH THE HEREDITAMENTS AND APPURTENANCES, UNTO THE SAID GRANTEES, THEIR HEIRS AND ASSIGNS, AGAINST THE SAID GRANTORS, AND AGAINST EVERY OTHER PERSON LAWFULLY CLAIMING OR WHO SHALL HEREAFTER CLAIM THE SAME OR ANY PART THEREOF. IN WITNESS WHEREOF, SAID GRANTORS HAVE HEREUNTO SET THEIR HANDS AND SEALS THE DA.YAND YEAR FIRST ABOVE WRITTEN. • SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF HENRY L. STUART, AS TO BOTH STATE OF PENNSYLVANIA I SS: COUNTY OF CUMBERLAND 4 P.V. AHL (SEAL) HELEN R. AHL (SEAL) I ON THIS, THE 25TH DAY OF NOVEMBER, 1952, BEFORE ME, THE UNDERSIGNED OFFICER, PERSONALLY AP- PEARED P.V. AHL AND HELEN R. AHL, HIS WIFE, K.NLVN TO ME? (OR SATISFACTORILY PROVEN) TO BE THE PERSO I NS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT, AND ACKNOWLEQGED THAT THEY EXECUTED THE SAME FOR THE PURPOSES THEREIN CONTAINED. IN WITNESS WHEREOF, I HEREUNTOuSETMY HAND AND OFFICIAL SEAL. ! I. C. HENDERSON HUMRICH DEPUTY RECORDER OF DEEDS-CUMBERLAND CQUNTY,PA. " i, MY COM EXP THE FIRST MONDAY OF JANUARY 1954 I DO HEREBYCERTIFY THAT THE PRECISE RESIDENCE OF THE WITHIN NAMED GRANTEE IS CARLISLE, R.D. #5, PENNA. JOVEMBER 25, 1952 E G HENRY L. STUART ATTORNEY FOR GRANTEES i---------- N0. 22555 -------- ----- --- ------------------------------------------- -- ?--~ I THIS INDENTURE, DEED w rEn cr; { ?. $1.10FI{2 $5.62 MAR MADE THE 12TH DAY OF NOVEMBER IN THEM MARY A. BEST ET VIR ?• Oi ALMR_! I 11,125152 TO E 11`25 52 YEAR OF OUR LORD ONE THOUSAND NINE HUNDRED Q ,.1? ?-., -_ L AND FIFTY-TWO ROBERT H. GALBRAITH ET UX y BETWEEN MARY A. BEST, IN HER RIGHT, AND RAYMOND E. BEST, HER HUS- CONS. $562.00 4 BAND, OF THE BOROUGH OF CAMP HILL, COUNTY OF CUMBERLAND AND STATE LOC. MIDDLESEX TWP. OF PENNSYLVANIA, PA.RTIESOF THE FIRST PART, GRANTORS, AND DATED NOVEMBER 12, 1952 ROBERT H. GALBRAITH AND MARY E. GALBRAITH, HIS WIFE, OF THE ENTD. NOVEMBER 25, 1952 BOROUGH OF CARLISLE, COUNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, TIME 2:35 PM 4 PARTIES OF THE SECOND PART, WITNESSETH, THAT THE SAI PARTIES OF THE FIRST PART, FOR AND IN CONSIDERATIONOF THE SUM OF ..•. PLA I I 1' V AH., '7r . I l?` 1 l) ? l.( ?(1 c T' >! Gx,,r,i?T? F?; ' 19LI. T{S,t ,, 17.,.. OMEN, 17 ' i ti' T .7 . "! T I -I NI T() L I t I t' ? I. 'TI TL _L. t li t 1 i the. 1 :,pt`(?l1^-r? ,l • ',:'!?^. ? } 1 •U .ih!: _ 'I'r il! ? I'i,Tt, ! ??TI L... _ i]I i1 ?-{1¢! Cer ,ri CT of I I.c,._ i."tilt' Si 1_:Uai'_ .I.; r-1',. ,. i ..I:..!,. P?1 ` !„h•..r l r!?f{ ^Oai'T. P -). S?TI V?LLi.2 1 - j I: vr?T I I l 1 e r!f He of n C T1'. 19 feet ..7r, I. - is h Ci-. ie... West 65 _c.t, more or less 1 + "cm; 1r i cu., I.ic o t-ne yor" i d'`c'L•2_es 4st 1033 ''•''(`i:, '.!la:"`. - t.,_,..>. .C C' nI-- : 1_CI.^ c 1, 0, TEI. POL,? (-• r.")1: 1.. r'I'.S's _.. ,.' `' :." J ' c'_ a point: ; Lllenci ri ' C , , on by G] Or ?;Or of ~'_S wife, 312 feet, mro or cc, rhLe Ploca of I I •i J 1ced c 'ri ;•? ,?; T?,; :)C' ?' 1"13, nn d n ' recorded e:;=tter in Ole - Anil=ce of the Recorder of Dads for Cumberland :n Deer .goo _-! ?O 2:-f? I. 111-iro, Il(' I <i!he?_?.^ t.,. Li1T! ^L7, cS G'7aers it °"a S1.-1ple, , .'Ort':'P I . f _ ?J1 C• :!. int'_r ?il_ic 'CO J. VCI°_ =i1.'ri.(:.i_ I':Q .':..ice Bar -C`-, -'.5 -iI? i; I,. ?., _'lV: F.. : `-11 .. ...? C?`•P?' 1.9, .1.'14? nP,?l ` :?..I 1.Ce i ,I of tie. TZ-a ,r :cr _ t c r (;,:!•'?c -i..i ,Inr n D__.i ?ri_ tt? IF c. ... ir t ?l 1 c. P 1 n r , 'I; C' "tl;, l ,`.L{;, car D l' E: ,..es'h ' er! ?P. .I"_..J rtt lil '.Ct _ ? .. ._ ?"r' ip. o. >CiiiL -'o .,. _u. oi 3i't . a , i.iTown .. ,.. he >:. 1,^.;' P re ?-.- tcr in:"c;'i of ,'r. __. , s Ijun is , .., owner in fee Amp! a, `.o nvayed s& i.,..:a , .I ae ._a, -) s ,h jn fi } 11=' 1_ E ]l ?_}l 1 , 1 7 ]- S i; I • • I, 6. 7e.nl1 :C. tt1.r[lr.r, cla_ed or 1 ?t cmbr.r 17 10311; .?ncl 1'1.•,c. -ntiff C1 C) ..: t1?t: I T? ?,a rlu= ?.Cl['.rIL'.t`% or G7??(''°[]P17C)iltS Of' 111.1 (.l TS n'i 5"s T1.^i. i rsaTICr...,o c jic??? orl Se-7t??.I.. : `?Dr-.r. _ 7- 1. U 938 F+nri b c:11c.. q. ?_ .•.1_.-, ; C:1_aint:t t' does not Ikn,-,,w t:.Ae lte.'?ti.t-y or wherc!.,1501-tts rJ` he.r lc?7r5 or nssirns. ?ii.r1C:2 1?7oT.'F?1.bC_T' 25; L952, and c011t7'1.111CiU31y I.rJ }10 i'11^, c'FL?.'t M MO. 4i-tl_' -F _ h_'- s - m in 'tr.?lned aC..Vial, ex c111S .."e- •, 11 E>Si 7 lC, .)ndt i• , - ! con; tr')1. and I:1fiSSC?S:':.QTl -•f s!d'd trac ^!' hj/ r 1C7.1'1i.Y ;. C. 3 S l p 4" 1-.o the, ( -,o .r. nersons,. ?. 1 1_'n ?? F?+_ili dic:,d on December 3, 1(.'73; axne her interest in .,=1'i't .`, O;x?rty -.-ested PI"aintiff ,-.,s sure J-.T1,: tenant t1l'-a { " :_ Pi i_Rl iff p!^a you.r i onora^'_e +Jpurt, pursu?Rt to ?crtl".Sy van". Rule of CJ'v-L I -Proceetur r' :os . 1016 anrl, 1056 ills ive, that Yosen!? I. 1T'`unro and Isabe-11c tJ. 'ui1.rC, their h.-e rs and assi?;?- 1:5 ;' Lo 7:'•.'_V! f t!31"r'd fr:5t' c_SSE'Tt1Tlg- any r ht 1. 2'R tit iC. or ntEr- ?Si: in Sct1C1 property y inconsistent with the J.-interest of I T''_`11nro anf lsab-alia '`Surlro, or set forth above, unless J+?seni? . II I `i -s a'=sigr,.s, com..- ence an Action -: Ejectment ar.2.inst i i' f . °• s _ t:: l o. ? - !. i r r f ' i' eai _+a :i_ r. su c h ti :a _. - :) 1 r+n Rnd after such notice yOl.tr i'10no-°2012. Court -may, diract. ?' ' ?- r); t', ;?rr1e<,- '"(??' 1''1. 1]_ni:]_e7= •-. ,r u i I I r j i i v: a y ? KW7i - _ P. V. AHL, IN THE COURT OF COMMON PLEAS OF Plaintiff CU14BERLAND COUNTY, PENNSYLVANL4 CIVIL DIVISION -LAW NO. 91 SEPTEMBER TERM 1974 JOSEPH I.•MUNRO and ISABELLA W. MUNRO, THEIR ACTION TO QUIET TITLE HEIRS AND.ASSIGNS, Defendant DECREE OF COURT AND-NOW, July 16th, 1974, at 10:30 o'clock, A.M., E.D.S.T.., an Affidavit of Service of the Complaint having.been filed, and a} no answer thereto having been made by the Defendants, or their heirs or,asaigns, the Court, upon motion of Tom H. Bietsch, Esq., attorney for the Plaintiff, hereby enters judgment as prayed for and orders and decrees.,that,Joseph I. Munro and Isabella W. .`' Munro, their_heirs•and assigns, or any persons claiming under or through them, be forever barred from asserting any right, lien, title or interest in or to all that certain tract of.land situate t: in Dickinson Township, Cumberland County, Pennsylvania, bounded ' and described as follows: r R BEGINNING at a point on the Western side of a lane 19 feet wide, said point being North 3 degrees West 60 feet, is more or less, from the Northern side of the York Road; i thence by the Western side of said lane, North 3 degrees • West 1033.feet, more or less, to a point; thence by land now or formerly of Raymond J. Wiss and James A. Stone, South 78 degrees West 312 feet to a point; thence by the ` same, South 3 degrees East 1079 feet, more or less, to a point; thence in an Easterly direction by land now or for- merly of Charles L. Snyder and Rhoda K. Snyder, his wife, .312 feet, more or less, to the Place of BEGINNING; . inconsistent with the interest of the Plaintiff as set forth in a his Complaint unless Defendants, Joseph I. Munro and Isabella W. Munro, and their heirs and assigns, or any persons claiming under or through then„ ,gp Iwence an Action of Ejectment against the ? Plaintiff witilli (Wf lays from the date of the publication { of the notice of this Decree once in The Evening Sentinel and once in the Cumberlagqtt . !, ?P?xvAgkNhrnal. • a3 aHna / hereby certi that the Kesidenet_? $0330 10 e3ouooa 3fi1 0 3 U3o•0 C B th t a . y e our , 30u 3tt j? end Post 0ft°ioe of within G?raotee Is 431 W • f-Lbl, Lc.t? ac?..? f ??i C _ Clinton R. Weidner, Y-i -Graateo-w Atte. August 27, 1974, The defendants having failed to commence an is Action in Ejectment within thirty (30) days after July 26, 1974, t being the last date of Notice by publication of the order of Court dated.July 16, 1974. A Praecipe has been filed in accordance with the Rules of Court. Glenn R. Farner, Prothonotary 583 5OW7-23 KE, , • 0 r i Rate.w?.t COrrrumAretas. r RECOADtO.Ofrlt: Or at eusaout or ottos etnrotauuo ewrrr rtNNSYIYANt4 '?Jl Nov 8 12 aD FH'74 AIADS TNS 3 ^4 day of . September in the year of our Lord one dhoeasnd sine hwWrtd• 'seventy-f our (19.14). BSTWSSN P. V. AHL,'alao known as Parker V: AGl, widower, of the Borough of Carlisle, Pennsylvania; C. C. DALLAS and RARBARA S. DALLAS, his wife 4937 Carlisle Pike, Mechanicsburg, Pennsylvania; H. R. DAVIS and LYLA L. DAVIS, his wife of Boiling Springs, Pennsylvania; and ETHEL V. MYERS, AdminIstratrix.of the Estate of Ray R. Myers, late of Boiling Springs, Pennsylvania, hereinafter called . and RAYMOND J. WISS and J91ES A. STONE, of the Borough of Carlisle, Penttaylvania,•hareinafter coiled Gmstor a; Grant" a: WITNE88STN, that is WRAWcratios Q/ Seven Thousand and 00/100 i ($7,000.00) Dogara, in hod yaid, the rsosipt %*weal is hereby adwwiedgtd, the said am*ws do hereby smot asd ooltm to the said Pranks s, their heirs and assigns as equal tenants in common : ALL that certain tract of Land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Western side of o lane L9 feet wide, said point being North 3 dogma West 60 feet, more or less, from the Northern side of the York Road; thence by the Western side of said lane, North 3 degrees [,Test IP33 feet, more or Leas, to a point; thence by other land of the Graritsas, South 78 degrees. West 313 feet to a point'; thence by the same South 3 degrees East IQQ79 fleet, more or less, to a point; thence & an Easterly direction r by Land now or formerly of Charles L: Snyder and Rhoda K. Snyder, t his wife, 312 feet, more or less, to the Placa•of BEGINNING. BEING the re:mairring portion of the property which was conveyed ! to P. V. Ahl and Itelea R. Ahl, his wife, by the Trustees of the Presbyterian Church in the Borough of Carlisle by dead dated November 25, 1952, and recorded in the office of the Recorder of Deeds for Cumberland County in Dead Book "El', Vol. 15, Page •125; and which Helen R. Ahl conveyed to Parker V. Ahl by deed dated June 18, 1957, and recorded in the office aforesaid in Deed Book IV, Vol. L7, Page 230. See also the Action to quiet Title indexed in the Court of Common Pleas of Cumberland County, Pennsylvania, to No. 91 September Term 1974, the final decree in which is recorded in the office afore- said in Deed Book "T", VoL. 25, Page 583.. C. C. Dallas and It. R. Davia,-joined by their spouses, and the personal representative of the Estate of Ray R. Myers, decensed, join: in this conveyance for the purpose of releasing any interest they might be deemed to have in the land herein described by virtµe of an rf r reement of sale therefor a i i ? y P o t I r?. ._ ti CCti r1.•?tEINJI E ? t::?rCJ.nrs. _= ••i:•irliUEvI?LU! OF r 11 rivr?:.:r, Comb. Cex Pa '4W Diet. Cumb. Co., PA " ,.+arr .{• , ""l= E w, taAtarrltleY•rr, 'n '' x 70.. 10? r,tLS l•.I E.I.I. THed"??Ls ?.?, 10.1 1.100 1uw.+N lu tAX _ A S2 /?? ...{. M1..... •? OMwiIJ±Y M. .•?Y l,:.Nl Od• a? ? Cowe, G: mlr. COL C.w1 ce. 04t. COL .f aces V 25 fact 882 i Ell I 0210412009 2:10:10 PM CUMBERLAND COUNTY Instt1197403809 . Page 1 of 3 r?,?'0! 11 4??AM -- CHARLES L. SNYDER and RHODA K. SNYDER, Plaintiffs VS. JOSEPH 1. IWNRO and 1,WELIA W. MUNRO, their heirs and assigns, Defendants :_d T'RE COURT OF COMMO` PLEAS OF CUMBERLAND COUN771, PE"k SYLVANIA CIVIL DIVISION - LAW O. ,, ,- `r CIVIL, 1976 ACTION TO PUIET TITLE; NOTICE You have been sued in court, if you wish to defeid 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 an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiffs. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER UDk' CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH A'ELOTAY TO FIND OUT WHERE YCU CAN GnT LEGAL HELP. Court Administrator., Third Floor Cumberland County Court 'louse Carlisle, Pennsylvania Telephone: (717) 249-1133 COMA M 1. Plaintiffs, Charles ,... Snyder and Ithocz K. Snyder,are individuals residing in the Township of Dickinson, Cumberland County, Pennsylvania. 2. Plaintiffs are in possession, of nil that certain tract of farm land situate in Dickinson Township, Cumberland County, Pennsyl- vania, bounded and described as follovrs: BEC11MING at a corner being the intersection of the north line of the York Road and the western line of a lane 19 feet wide; thence by the western line of said lane north 3 degrees west, 60 feet, more or less, to a corner post of a fence; thence by land now or formerly of P. V. Ahl et ux, of which this lot of ground was a part, in a westerly direction along a fence line, a distance of 312 feet, more or less, to a corner post of a. fence; thence by other land now or formerly of P. V. Ahl et ux, south 3 degreee east, a di.stPnce of 86 feet, more or less, to the northern line of the York Road; thence by the northern line of the York Road north 65 degrees east, a distance of 333 feet to the western line of said lane, the place of beginning, the same being improved with a frame dwelling house and various outbuildings. Together with the right of insress, egress 4nd regress to the Grantees, their heirs and a8sigas in, on and over the said lane along the eastarn border of the property herein conveyed from the said'?ark Road to a point at the northern border of the property herein conveyed. 3. By deed das'd November 29, 1933 and recorded in the office of the Recorder of Deeds for Cumberland County in 17ecd Hook "K", Vol. 11, Page 142, Jose.-oh I. Munro and isabellz 14. Munro, t?s owners in fee simple, conveyee a life estate in said proDexty, inter alis, to J. Clyde Barria} and S. Alice Barrtck, his wife, 4. J. Clyde Birrick died on October 19, 1948, and S. Alice Barri.ek died on October 12, 1.952. 5, By deed dated November 25, 1.952, and recorded in the office of the Recorder of Deeds for C? bar.laaB ro.inty {n Deed 13ook "r", vol. 15, Page 125, the xnistees of the oreabrrerian Church in the Borough of Carlisle, and in the Count;j, of Curnberlerd, also known as the First Presbyterian Church of Carlisle, 'Pennsylvania, as owner in fee simple, conveyed said land, inter alia, to P. V. Ahl and Helen R. Ahl, his wife. -2- 6. By deed clxted ^To•je~,ker 15, 1952, and recorded in the office of the Recorder of. Deeds for CunbeYl-= ,d County in Deed Book "i:", Vol. 13, page 126, P. V. Ahl. snd Helen: R. Ahl, his wife, as owners in fee simple, conveyed said property, inter alia, to Charles L. Snyder and Phpda T. 3nydnr, hi wiFe. 7. Jesep`a I. K nro died o-i -,ecember 17, 1934; and Plaintiffs do not kzow the idecltity or wi-2 ?oufis of ::IA hers cr assin-tq. S. issbella W. Munro died on September 15, 1938; end Plaintiffs do not know the identity or wheroabouts of tier heirs or assigns. 9. 8-ince Noveamher 25, 1952, and continvougly to the present t me, I'l,aint9.fra havr_ r?'r_t-ained rctual, exciuaive, hostile and visible control and porGoas- n of said tract of land by fenclrg, farming and leasing, to the exciusion of Pe€endantg and all other pereons. wERLFORM Plni.ntiff? pray your. honorable court, purs1?.3nt to Pennsylvan'a Rules of Citrl, ProCedU-e 'os, lf;1F end 3066 {,nclcti:i.ve, that Joseph T. Yunro and. T$Abella N% *kmro, their heirs and assigns, be forever barred fron asserting any right, lien, title or interest in said property incongistent with the interest of Plaintiffs set forth above, unle!%q Joseph I. Munro and Isabella W. Ctznro, or their heirs or anaigns, commence on Act9.on of Rjectment aoainet the Plaintiffs within such time a,s your Honorable Court may allow and after such notice as your Honorable Cortrt may direct. C - iii t ., .. . _ .,.. ., 'r George' B. Stuart Attornay for Plaintiffs -3- Ulf 1;1 4 6 A M a,?l;II, r;a„ di' iIC 1 ;J ti STAZ OF PENNMVA;IA :SS COUNTY OF CUMBERLAND C9ARLES L. SINYDER end RHODA K. 5',17yDER, his wife, being duly sworn according to law, depose and state that they are the plaintiffs in this Action to N jet Title; and that the facts set forth in said Complaint are true where merle upon PeraOrsj knc°K'le?ge, and that. he believes them to be true where made upon information received. r Charles I.. 'SngdQr , hoda I". Snyder Norn to and subscribed before me this /96?day of .?.? nlw?..._.a 1975. Notary Public Car isle, Fa. Air Conninsfor, Expires March 5, 197/8 I i I,PS L. SNYDER and "'0'; IN TFE COURT OF COMMON PLEAS OF ,A Y. SNY D'ilt, CUMBI:RIAND COUNTY, PENNSYLVANIA T'.t.intif:fs CIVIL DIVISION - LAW vs. NO. 153 C7VII,, 1976 JOSEPH I. MUNRO and 1SABEI.LA W. MUNRO, their heirs and assi.grs, Defendants ACTION ;''0 QUIET TITLE I DECREE OF COURT AND NOW, March ')/ ,'-1976, at .?: o'clock an Affidavit of Service of the Complaint having been filed, and no answer thereto having been made by the Defendants, or their heirs or -signs, the Court, upon motion of George B. Stuart, Esq., attorney 1 for the Plaintiffs, hereby enters judgment as prayed for and orders and decrees that Joseph I. Munro and Tsabella W. Munro, their heirs and assigns, or any persons claiming under or through them, be forever barred from asserting any right, lien, title or interest In or to all that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING nt n corner being the intersection of the north line of the York Road and the western line of a lane 19 feet wide; thence by the western line of said lane north 3 degrees west, 60 feet, more or less, to a corner post of a fence; thence by land now or formerly of P. V. Ahl et ux, of which this lot of ground war a part, in a westerly direction along a fence line, a distance of 312 feet, more or less, to a corner post of a fence; thence by other land now or formerly of. P. V. Ahl et.ux, south 3 degrees east, n distance of 86 feet, more or less, to the i northern line of the York Road; thence by the northern line of the}hrk Road north 65 degrees east, n distance of 333 feet to the western line of said lane the place of beginning, the same being Improved with a frame S f\. euelling house and various outbuildings. f 7 r tlt, j ? i.,f>Cl J rl =y" 0 tv66 a `r i Together with the right of ingress, egress d + 1 an regress to the Grantees, their heirs and 0 assigns in, on and over the said lane along the eastern border of the property herein conveyed from the said York load to a point at the northern border of the property herein conveyed; { I inconsistent with the interest of the Plaintiffs as set forth in their Complaint unless Defendants, Joseph I. Munro and Isabella W. Munro, and their heirs and assigns, or any persons claiming under or through them, commence an Action of Ejectment against the Plaintiffs within thirty (30) days from the date of the publication of the notice of this Decree once in The Evening Sentinel and once in the Cumberland Law Journal. I By the Court, J. May 11, 1976, the Defendants having failed to commence an action in Ejectment within thirty(30) days after April 2, 1976, being the last date of notice by publication of the Order of Court dated March 23, 1976. A Praecipe has been filed in accordance with the;Rulee of•..Court. Glenn R. Farrier; ,Prothon;catary j //J,, 176 13 r? a a 0 w Ey z C7 W J w F w? w? x° U 00 M M 01 N ti W ? M ? rA F ? 4 x a?6. xzo z A ? Hz? a N M N ti ° A ? ? W z ? d o ? C O .? M 00 w en wW O o x ?. a M W 0000 z j? ? O N x" ? M M O ? N ? as wW a 3 o? 00 z z -> N -? o O cn CA y ? O >0? t- oo t- ° 0 ? ? 0 l Law Offices O'BRIEN, BARIC & SCHERER 19 West South Street Carlisle, Pennsylvania 17013 Robert L. O'Brien (717) 249-6873 David A. Boric Fax (717) 249-5755 Michael A. Scherer Email: mscherer@obslaw.com Robert J. Dailey November 20, 2007 VIA CERTIFIED MAIL 7006 2760 0002 7405 4091 Jennings F. Cox 631 West Old York Road Carlisle, Pennsylvania 17015 RE: Use of Farm Lane Dear Mr. Cox: I am the attorney for Christopher and Audrey Keegan, who own the farm located at 639 West Old York Road, Carlisle. . It is my understanding Mr. Keegan spoke with you and asked you to refrain from using their property for any purpose and encroaching on their property at the common boundary shared with your property. The Keegans have used their farm for agricultural and equine activities since they settled on the property and plan to continue these uses for the indefinite future. Please accept this letter as notification you do not have any legal right which would permit your use of any portion of the Keegan's property. The Keegans also request that you remove immediately any personal items and yard waste or clippings which you have placed on their property. Any further unauthorized use of the Keegan's property may cause them to take appropriate legal action against you. Very truly yours, O'BRIEN, BARIC & SCHERER h11- Michael A. Scherer MAS/alb cc: Christopher and Audrey Keegan File mas.dir/real/keegan/cox.ltr • WILLIAMP. DOUGLAS, ESQ. ALSO ADMITTED TO PRACTICE IN FLORIDA CERTIFIED AS A CIVIL TRIAL ADVOCATE BY THE NATIONAL BOARD OF TRIAL ADVOCACY November 27, 2007 DOUGLAS LAW OFFICE 43 W. South St. P.O. BOX 261 CARLISLE, PENNSYLVANIA 17013-0261 717-243-1790 FAX.• 717-243-8955 EMAIL: douglaslau,@earthlink.net Re: Jennings F. Cox / Christopher Keegan Use of Farm Lane Dear Mike: I represent Jennings and Anne Cox and acknowledge receipt of your letter . of November 20, 2007. The Coxes believe that the 19 foot strip of land in controversy is on their property in accordance with a survey prepared by Thomas A. Neff on June 1,1960, showing an iron pin found by Mr. Neff, and showing the 19 foot strip of land to be part of their 3.045 acres. In addition, the Coxes have lived at this property since 1974, and have had continuous use of the 19 foot strip of land (lane) since that time. Michael A Scherer, Esquire O'Brien, Bark &- Scherer 19 W. South St. Carlisle, PA 17013 For the purposes of this letter, the Cox chain of title runs from McCoy to Morrison to Witmer to Cox. The Keegan chain of title shows that his land was owned at one time by a Mr. Ahl and James Stone. In addition, there was a survey dated April 8, 1939 of the premises in question. On record are Mr. Ahl's deed in 1.1 L 129, the Barrick deed in 11 K 142, and the deed from Margaret Munro to John Munro dated November 20, 1844, and recorded April 20, 1934. Also there is a deed from the First Presbyterian Church to Mr. Ahl, and Mr. Ahl's deed to Mr. and Mrs. Snyder, an adjacent property owner. From all of this it would seem that there is no mention in any public record of the existence of a lane shown on the survey dated April 8, 1839, and in the Munro deed dated 1844 and recorded 1934, the existence of the lane is not mentioned. The first mention appears to be in a deed to Barrick stating that the property begins at the west line of a 19 foot lane, and, of course, this is further carried out in Mr. Ahl's deed to the Snyders in 1952 in which a right-of-way over the lane is given to the Snyders and a similar right-of-way over the lane is reserved to Mr. Ahl, which for years has been abandoned. There have been surveys prepared by several different surveyors in the past. The 1960 survey shows the existence of an "iron pin." One of the surveys prepared in 1983 for Dr. Stone, a former owner of the Keegan property, shows an "iron pin (set)" by the surveyor. Thus from the state of the record, I find it difficult to affirm the contention that there is any public record which supports Mr. Keegan's claim to owning the 19 foot strip of land. While it is our position that the property in question is owned by the Coxes, in the alternative, they have claim to the property by way of adverse possession as they have cared and maintained it in excess of 21 years. Use of a piece of land for lawn purposes in connection with a residence, together with continued maintenance of such lawn, is sufficient to establish adverse possession. Reed v Wolyniec, 323 Pa Super 550,471 A2d 80 (1983). At all times the adverse possession by the Cox family, was exclusive, open and notorious. "Open and notorious" means such possession as will permit the true owner to have notice in order that he may act to recover his property. Gee v CBS, Inc., 471 F Supp 600 (E.D. Pa. 1979) aff'd without op., 612 F2d 572 (3d Cir. Pa. 1979). The possession in question was adverse and uninterrupted in excess of the requisite 21 year period. An adverse use is uninterrupted when those against whom the use is adverse do not bring and pursue to judgment legal proceedings in which the use is determined to be without legal justification, or cause a cessation of use without the aid of legal proceedings. Reed, supra. Day to day use is not necessary to satisfy the continuity element and once his title has matured, relinquishment of possession thereafter does not affect title. Bear v Balthaser, 22 Berks 114 (1929). While residency is not essential to constitute adverse possession, Stephens v Leach, 19 Pa 262 (1852). Exclusive possession is a prerequisite to perfect title by adverse possession. Possession need not be absolutely exclusive; it need only be of a type of possession, which would characterize an owner's use. Lyons v Andrews, 226 Pa Super 351, 313 A2d 313 (1973). Mowing and maintaining the lawn for the requisite period of time is sufficient to establish title by adverse possession. A party that attempts to assert a claim of adverse possession and all the elements of adverse possession are satisfied, then hostility will be implied. Confrontation is not a necessary element. Schlagel v Lombardi, 337 Pa Super 83, 486 A2d 491(1984). The mistaken belief by the claimant that he owns a tract of land does not mean that possession of the land is not hostile. Schla el supra. In conclusion, we are of the position that your client is mistaken as to his claim of ownership. However, in the unlikely event you are able to satisfy the court as to ownership then your client still has no claim due to the adverse possession issue. Sincerely, WPD:a vw!?l 0 0 PLAINTIFF'S EXHIBIT ILS PLAINTIFF'S EXHIBIT 2q_____ PLAINTIFF'S zlilE IT -, MKS ? ? 4> h PLAINTIFF'S EXHIBIT 206 EXHIBIT 17 fi sir ?+ a k? &WOF l? y ? ? d 4* f MAY -',. EXHIBIT -ZA- EXHIBIT EXHIBIT PLAINTIFF'S EXHIBIT VFW 6 K 4 5.e a.' +F14PL'? ' S ? 5 ? ? lilt` • ' ? ? ? d _ _ :. j'e'ts ,;'?Y- .'c'?? • 5.-x4 ' r " ? Y ': y }, ? i Y? ?t ''4c• al Y! , • . 8 f n ?E K4 ?? ?? ? ? ?''., ? E ,r ?.zi._ to ? ? , 3 P \ ? T4? F E ? ? I rrM M1 R Eli jf E ?. yet g .a .?Y f-L-AIN TIFFS EXHIBIT EXHIBIT ::?? :tom ow, 4 sir '?5. r-? j4fC F- m W MENU EXHIBIT --la? PLAINTIFF'S EXHIBIT -3-(&- I F , ;? 1 r ,'` ?? ? 1 ? ?` `?. r n i w , 9 EXHIBIT mw v 1 dv u 4 F a I EXHIBIT PLAINTIFF'S EXHIBIT 3 PLAINTIFF'S EXHIBIT Vo DATE TRIAL/HEARING COMMENCED CASE NO.: l CAPTION: P=22,1? nALl- C STENO: ) rw?? 1?. Pith Zt S Z LIST OF EWHWITS PLAINTIFF or DEFENDANT Date Exhibit Introduced # of Exh Admitted Yes or No (Indicate if exhibit was submitted to Jurv) 174- Description & Size of Exhibit -- -?' i? I SRI 201-AT-Wan an Ly Deed It. 11-ry Hall, Inc., Indinn., P.. ILMj ?,, c , }aDe the ? day of in. the year of our Lord one thousand nine hundred fifty J1950) . 3iett3een W. G. MORRISON and RUTH A. MORRISON, his wife, of the Borough of Carlisle, Cumberland County, Pennsylvania, hereinafter called Grantor s and RODNEY M. WIiTAER and MARY Y. WITPdER, his wife, of South Middleton Township, Cumberland County, Pennsylvania, hereinafter called Grantee s MR11099M, that in consideration of One ($1.00) Dollars, in hand paid, the receipt, ivhereof is hereby acknoWed-ged, the said f'ra.ntor s do hereby f'rant and convert to the said arrantee s , their heirs and assigns, ALL that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin in the York Road on the line between the tract hereby conveyed and lands no-w or formerly of bars. Robert Peffer; thence by the latter lands, north 221 degrees west 51.5 perches to a stone; thence by the same, south 74 degrees .west 9.5 perches to a post in the line of land now or formerly of P. V. Ahl; thence by the same, south 2AT degrees east 53.1 perches to a stone in the said York Road; thence by said York Road, north 56 3/4 degrees east 10.05 perches to the place of beginning. Containing 3 acres and 6 perches, according to a survey of said tract made by S. J. Tritt, County Surveyor, on August 18, 1899. Being the same tract of land which James McCoy's Executors, by deed dated March 21, 1944, and recorded in the office of the Recorder of Deeds in and for said Cumberland County in Deed Book "T", vol. 12, page 431, granted and conveyed to W. G. Morrison and Ruth A. Morrison, his wife, the grantors herein. 11_fr:? 4inb, the said grantor s , do hereby covenant and agree to and with the said grantee s , that they . the grantor s, their heirs, executors and adminis- trators, shall and will warrant generally and forever defend the herein above described premises, with the hereditaments and appurtenances. unto the said grantee s, their heirs and assigns, against the said grantors. and against every other person lawf idly claiming or who shall hereafter claim the same or any part thereof. 3n Witnegs Uhereof, said grantor s havehereunto set their hand s and seal s the day and year first above wrj.?ten. _ r, Oigneb, 6+taltt ant gidibtrtb 1 ip tbt preotnet of State of PENNSYLVANIA County of CUMBERLAND On this, the 6&nL eseL BE AL 8sn I SS. day of June 19501 , before me, the undersigned officer, personally appeared W. G. Morrison and Ruth A. Morrison, his wife, known to me (or satisfactorily proven) to be the person s whose name s ar subscribed to the within instrument, anrt acknowledged that t he y executed the same for the purposes therein contained. 3n Witum Wbereof, I hereunto set my and and official seal. . s of Off' er. MT-Deed-Ouardiau's, Trustee's or Executors Henry Hall. Inc., Indiana, Pa. T,bt"5 'inbenture, Oa-cc t1)e 21st, day of March, in the year or o+cr Lord one thousand nine hundred and forty-four, 36MDEen EARL IdeCOY, GRANT McCOY and PAUL MoCOY, Executors of the Last Will and Testament of JAMES LcCOY, late of the Township of Dickinson, County of Cumberland and State of Pennsylvania, deceased, parties of the first part, Grantors, AND W. G. MORRISON, and RUTH A. MORRISON,his wife, of the Borough of Carlisle, County and State aforesaid, as tenants by the entireties, !parties of the second part, Urantees, 'AMREAS, James McCoy, the above-named decedent, was in his lifetime,% seized in his demesne, as of fee, of the hereinafter idescrlbed tract of land, and being so thereof seized, died on the 21st, day of January, 1944, leaving a last will and testament duly :proven and remaining of record in the office of the Register of ;Wills in and for Cumberland County in Will Book No. 43 , page 233, 'wherein and whereby he directed, inter alia, as follows:- .. SECOND. I direct py.: executors hereinafter named to sell,either at public or private sale,all of my personal and real estate as soon as practicable after my decease, and they shall convert into cash any securities I may own at the time of my death, and for the purpose of carrying out this provision of my will, I hereby empower my said executors to execute and deliver any and all deed or deeds, agree- ments or other writings or assurances in law, requisite for the effecting of the premises, and to acknowledge said deed or deeds and grant and convey said real estate to the purchaser or purchasers thereof, in fee simple. -, LASTLY. I nominate,constitute and appoint my three sons, Earl McCoy, Grant McCoy and Paul McCoy, to be the executors of this my last will and testa- ment. " and WHEREAS, on January 29,1944, letters testamentary were issued by the Register of Wills in and for said Cumberland County, to Earl McCoy, Grant McCoy and Paul McCoy, as executors in said estate, and, WHEREAS, the said Earl McCoy, Grant McCoy and Paul McCoy, executors as aforesaid,-in pursuance of the directions'of the said in part recited will, exposed the real estate hereinafter fully ;described, at public sale on the 26th day of February, 1944, and sold .the same to W. G. Morrison at and for. the sum of three thousand. three hundred twenty-five ($3,325.00) dollars, he being the highest and (best bidder and that the highest and best price bidden for the same. IIC NOW THIS INDENTURE WITNESSETH, that the said Earl McCoy, Grant 14cCoy and Paul McCoy, executors aforesaid, /or and in consideration of the sum of Three Thousand, three hundred and twenty- five (; 3,325.00) Dollars lawful money of the United States, to them in hand paid by the sand 1^J . G. 11orr is on I at and before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, released and confirmed, and by these presents, by force and virtue of the i said last recited will, do grant, bargain, sell, alien, release and confirm unto the said 41t. a. Morrison and Ruth A. Norrison,his wife, their heirs and assigns,1 forever, ALL that certain tract of land situate in Dickinson Town- ship, Cumberland County, Pennsylvania, bounded and described as follows:- BEGINNING at an iron pin in the York Road on the linal,,., between the tract hereby conveyed and lands now or late of J.Warren Peffer; thence by the latter, North 21 degrees West,51.6 perches to a stone; thence by same South 74 degrees West,9.5 perches to a. post in the line of the land now or late offi oseph I. tlunro,et al; r thence by same South 22 degrees East, 53.1 perches to a stone in the said York Road; thence by said York Road North 56-3/4 degrees East, 10.05 perches to the place of beginning. I CONTAINING Three (3) acres and Six (6) Perches, according to a survey of said tract made by S.J.Tritt,County Surveyor,! on August 16,1899. i IT BEING the same tract of land which Joseph I. Munro,et al., by their deed dated the 13th day of March, 1920, and recorded in the office of the Recorder of Deeds in and for Cumberland County in Deed Book "E", Vol. 9, page 128, granted and conveyed unto James McCoy!, the above named decedent. L? i I TOGETHER with all and singular the buildings, ways, waters, water-courses, rights, liberties, pri,rileges, hereditaments and appurtenances what- soever thereunto belonging, or in anywise appertaining, and the reversions and remainders, rents. issues and profits thereof; and also, all the estate, right. title, interest, use, trust, property, posses- sion, claim, and demand whatsoever, of the said James McCoy at and immddiately before the time of his decease, in law, equity or otherwise howsoever, of, in, to or out of the same: TO HAVE AND TO HOLD, the said above described tract of land, hereditaments and premises hereby granted and released, or mentioned and intended so to be, with the appurtenances, unto the said W. Morrison and Ruth A.Morrison,his wife, their heirs and assigns, to and for the only proper use and behoof of the said W.G.IV, orrison and Ruth A.Morrison,his wife, their heirs or assigns, forever. And the said Earl McCoy, Grant McCoy and Paul McCoy, executors afore said, for themselves, their heirs,executors and administrators, does covenant, promise and agree, to and with the said W. G. Morrison and Ruth A.Ciorris his wife, their heirs and assigns, by these presents, that they, the said Earl McCoy, Grant McCoy and Paul McCoy, ha ve not done, committed, or knowingly or willingly suffered to be done or committed, any act.. matter or thing whatsoever whereby the premises hereby granted, or any part thereof, is, are, shall or may be impeached, charged or incumbered, in title, charge, estate, or otherwise howsoever. IN WITNESS WHEREOF, the said party of the first part ha ve hereunto aet their hands and seats , the day and year first above written. '.7 (Ie L 0ipnra. 6ra(ell npa 19rliuerrD J In !nr freaence nt ----------- --• - •- • - -• ----•----------• } ..--------•. ----° -•-•------•---• _ - ? . . ?--? ?xezu `or? e Last-tNil11 -and ss es -amen oCes L4eC07,deceeae ..-•--°-----------°•- - - - --- ---............ -..... s? State of PENNSYLVANIA ss. County of CUMBERLAND On this, the 21st. day of Lurch, , 19 44, before me the undersigned officer, personally appeared EARL McCOY, GRANT McCOY and -EA.IIL'" WOCOY, Executors, of the State of Pennsylvania, County of Cumberland known to me or satisfactorily l ( proven] to be the person-described in the foregoing instrument; ana acknowl- edged thattheyexecuted the same in the capacity therein stated and for the purposes therein con- tained. In witness whereof, I hereunto set my hand and official seal. --------------- --------- - -----••-• 4Tt.r Public ..... --•---......... ----------- ---•---...--- ------------------ ----------- Title of Officer. MY commission expires March 12,1345. CERTIFICATE OF RESIDENCE l _.._._....y..-W-_do hereby certify that the precise residence of the within named grantee is j 645 North Hanover St., Carlisle, Pa. i March 21, 1-944. Attorney for .. »_...-.,-.. a? d E-i ¢ . rA -+ f U O 0 V) Id A F4 0 A 0 `d 0 E-1 w. .4 0 V H m pUp?? H C? O O H ?/ r .^-. C4 V) L U' rA ?-I a S _ . (Y F ooao 0 ? a H UU.a v ? ,%? ? a . ;. y a p U?c._;i;v'3 St to o County of __.. --- RECORDED on this :-___.- CIZ i day of •• -----r--..... -•...... A. D. 19 ±?-?in the Recorder's office of said County, in Deed Book- Vol - ------ Page ?? /-• Given under my hand and the aeeaa of the said o 'ce, he date above written. 1? ??`?Recorder. DEED. No. 760. Prim_d :.nd sntd by John C. Cf.-,,k Company, v,o D,,k Si.. Phllndaph6. i MADE this ,zZ?zZZZ day of I c}'Yt.aicdJ? in the year nineteen hundred and iY'tW Ali ?a?7`"" ems. `7'''""Y'n ° ti, `}YJ , 7rz • vWr?r- C%' rR vl/ S . ?rrt s c, .s?C Q c Z w:?h ; a,Q;?Q?, GLa+o?. She`-L J _ ?l (hereinafter called the Grantors and (hereinafter called thMGrantee lWitn 'SSCth, That in consideration of Jt?, -" { - - - - -- -- Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do herebyt and convey to the said Grantee heirs and assigns, ALL -Z&A c. d a..At1? d?¢.cn.:?-E.cQ a.o ?f'cre?dwv /?a-uU ?" - l3z xPn c Ti.r? ?nara c arz v ?.I a d cx . d -e,0 °? d rYorvz F/1 , ll zY Cpl ` ?' -aM? 9 0 S?? o"? /Z-Q.caZ?4.? See.._? ?„? £ n7"B-Q....a?.c' M V?-" fit.. ? Q. -l.U,•„i...1? `7rt?...-?+a- ?-•? •i.?. fin, dg.?.....cw.?.F Sao -wrzd?.oE.ecf? a?c?._ s•?c.? o? ?. a:,?1. ?,? . cQi? ec): yu,T, . 3L l 91 q a-.. ?C? d? ?csr,.! -LCri?Q rye `• "?? otu.r? ? ?.¢.c?«? tiu? 71rc.` t?et/??,io lG,c1? c7 q cal. e? ??--J Yrcee f3o? ?? a o c g? ` v i ?+ . ?J?4n - awry a o o? 2cn?Jo ,? c?eE r,,;,-y a 1?Lc?2?L,pG.Qi (??n/2.o?+.a?.t Y `?"'•?-'?.y?-_ 1 y?iY1???l?1U}I p G?e.st• ??,11?.Cr Cr/.2P.o?t.l/ O "- _ ! ?E-ll-c??2 Gi?cpLt?,- 2°x.1 I c?+v (9p 3 ?E'u?? .Gti•K.o n-,tc? -?t1T -?.''i..O?t,gh0 il?Z . Cl _ ?a'Y,,L,,,.,,?.1r, G.Hd r'?-.?a. ? . `7"Y?-rvwt,,,- R.?:?Uth(f c,? a-tc,e s:c,a?.Fii,o CJ?.4/?F1?. `?•t.. `?YLuw+?l' cull the said Grantors do hereby covenant and agree to and with the said Grantee that tV,E?5 the Grantors tk`4 heirs, executors and administrators, SHALL and [VILL -?c?FntioLalL. WARRANT and forever DEPEND the herein above described premises. with the hereditaments and appurtenances, unto the said Grantee f-? heirs and assigns, against the said Grantors and against every other person lawfully claiming or who shall hereafter claim the same or any part thereof. In Witness WItereaf, said Grantor havt hereunto set tKz" hands and seals the day and year first above written. xealea Ono 3ielinereb IN THE PRESENCE OF .. I- ... ?9... ............... ........................... STATE OF PENNSYLVANIA, County of Qo?v.xttr4n9 a.?? { ss. V-1 V SEAL ??- , n /:... ...r ..................... SEAL I ................. ..... ............. ,.... ...... _................. ?-` Af? On this ?-3 day of 7>-??,?; A. D. 1920, before me, 4 ?? p e,? ?`? sa: d her came the above-name w eat- A, Fi b ?H , q W? ?»??u?.r?td-r `yrl -a-I 'W S. `7Ylt Ott-u??. ?QQtscf? i>D and acknowledged the foregoing Deed to be t?,;,L act and deed, and desired the same to be recorded as such. Witness my hand and rn vZa.a-4R seat the day and year aforesaid. A a, .. ..:. 1/ 1,1.. C.?, i:I 1[..LYJ .. ,;.Lrl f. F ?fl:.aa... /. ,r?:.r<., ili a" ?'., (,.:.. ..'.? .,r,v_ / (•. r...., , G ,?''/, s,'S/,GC;r_r 7r..LA;??c i r ?i y1, / . _ 1 /(.fl . '?<n /%. ?lc/ f f.. ,-l Gar.c, r?.c ? Icai i:''r f rifrrf</ l"c / !c!. ! CI j' r :r: ., it; c.. ,-.f qm;' ,• .,<.,:-.' /:r.-!i U S._ .-.- .?LfG ,_ .u ?', .._.- _r ? ,.._ Z/n L,'...,:( •'{R-L'ul :?C?b / -;( ?Q..'.:'l r: or. ? t?vx-. r, :? r%'!/.r?cv:? J.GC cC- ,.'r1 s?,z..',.-`..G/, r .tG?'ruc..,(i Py „ r r 'l <c ? ik .. ; U-1 .ctu. ?:<</l!on?cyc; ?x-?r' '?f? 'rcl ....u.(' ?i<?: ,--.,I Lam! :?.,.-,:i ??%'•r 1i ..?. ,( ',C-? tirL c ?. ..c?-' Il""• ,/YGLI.f/? // r (?..+?.c?, d?l.,!(:, /L?w, Jif,/ , ;(/_fc 2a?L .,i;t?-c:,-v-u? a.u-:?/ ,rj??ix.r.,?ru ?- ,rff[! / r ["t ,ncr,,, Li ?,c ,<! ?:is G I, /r =c t.;l/ - !t t All J.; .JGI?YyL( -:r??r ?':?-[ .r7 /->?J :, C. .:l; f,.`.,!/-:._ /r-tG? ,1?..u'. r'1 t-( .,C?tli r,cL.2in ?'LC G:'.f2 t.:? ? : ? 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J. ?Cr ? $ o v = Z , W ? i *, Sim-- 1 W ,:._.. _ w . ??+?-rts?s,=?4 p•_-?+t?r?SRan????r??h??h:, ?r ;A; , i STATE O/,F, PENNSYLVANIA County of._`V/ G(<W C d t OC........ } aa. lerarded on this _........... -.... .._°........... ._..._.._............day of ..._... {! A.. D. 192.0, in tRecorder's 7ce of the said Counnty, in Deed Book.._._....__.._...Voi............. I _.. Page .._ ._._ . p §iV.*U under my hand and.ihe seat of the said office, the date above written. K!. Recorder. it A to i, (.,' , 4a-l' a-l 't? 14- -all" t,-r;v-C. ?2vvt(. /2 .2ti-tc 1, ??.GC?cLC q, .gyp m,-Zt,, Lu.c ,? ?c.?a I;px vy ,.: (luw , liwt?aca, ?yrrv-t r., a.ua( {ac+?-ic, ?J?vvu., w1i.o ,& .qL .oa.?..c. of-t-t?cu.dCq? at. fu e' t a x` .lkw, Q u `h ?o u ?c l?? c.?( d U c, , Ltk.' a u .G . li z / cc (9?z G n 9,// p I h ^' %v?l /?, C/i, U,?u n,t? 72G.Vrn.i. g •r?ce?.e. 4/?t?G,?se4'e? ?ie,t?-eGe. ce-e?? ? ,??Oa.ed. ?-+•wr ?.:RGc.?,a O0?/?j_ .G?•t. dui(, d?,CdO fi?lac?,Gv /'' /FG .hi,0 ct ?L ? 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'P THOMPSOK SUSAN .v.. . , w 0 CA i 1 1 ). m? f s 1 61 - . ^R ? ? u F 4 f ,?f' J+ 3 i 34 I SO f PLAINTI FF'S EXHIBIT MER -.:P WAS PREPARED rN „ MAPPING AN ?u?lJCrl and County Tax Mapping W E V S D ASSESSMENT PURPOSES ONLY, MAY CONTAIN INACCURACIES OF SCALE, AND IS NOT TO 13E USED FOR SCAUNG PURPOSES." ate as of 3-11-2010 aow"Ce: Cumberiand County Assess Orthopbotography: 200.1 VOctm Dom: an going updabs ment 010ce 1 inch equals 533 feet Craettd In AreG18 9.2 using ArcMap KEEGAN TITLE HISTORY SUMMARY 6 JOSEPH I. MUNROE ISABELLA H. MUNROE 4-20-34 PARKER V. AHL 3-30-73 WISS & STONE 6-26-78 • STONE Subdivision 7-18-78 Subdivision 2-3-83 Homestead 29,7 8 7 F Farm Field 1983 STONE 8-31-87 PRZYBYL 7-25-07 KEEGAN 0 1 _ ] 1 IN WITNESS "HEREOF, the Said parties to these present have hereunto interebanV ably set their hands and seals; Dated the day and year first above written: stet Munro( Sealed and delivered in the presence of eb:Mtgmy.;Donaldson, David Glenn Mara Reseived on the day of the date of the above instrument of writing of the above named John 8; Munroe the sum of Two Thousand Two hundred and Fifty dollars, lawful money of the United States, in full of the consideration'money thereon mentioned; Roe; by me; 1 1 Witness present $2250;00; Margaret Munro )avid Glenn Mtgml?i Donaldson CUMBERLAND COUNTY, 88: personally Wire- at, the subscriber, a Justice of the Peace in and for the.eaid County, same Margaret Munro, and acknowledged the above Deed of conveyance to be bar-act and dead for the purpose therein expressed and desired that it might be recorded as suchaccordhing to erauntoaw, she the said 4Wgaret being or full age and unmarried. In testimony thereof get my hand and affixed my seal this 20th ;lay or November A; D. One thousand eight Hundred and F oorty-f our . McCoy Donaldson, (SEAL) Justice of the Peace Compared,by N. M. & E THIS INDENTURE N0. 751 ( J.I.M.: I.W-M CMADE THE 20th day of April. A. D., one thousand DIM= $8,00 nine hundred and thirty-four, JOSEPH I. MUNRO i 4/24/34 ?? ( BETWEEN Joseph I. Munro, SLnglerMan and AND Isabelle W. Munro. Singls woman, of the Township of South Middleton, • IsABELLA W. MUNRO's TRUSTEES CCounty of Cumberland, and State of Pennsylvania, and Carlisle TO .Deposit Bank and Trust Company, a Corporation of the Commonwealth PARKER V.. ARL 1of Pennsylvania. Trustee of Joseph I. Munro and Isabella W. Munr , AND (parties of the first part; HELEN R. AHL. HIS WIFE ( AND .CONS. $1.00 (Parker V. Ahl and Helen R. Ahl, his wife. of the Borough of Carl al LOC. DICKINSON TOWNSHIP County of Cumberland, and State of Pennsylvania, panties of the DATED APRIL 20. 1934 )second part. ENTERED APRIL 20, 1934 ) WITNESSETH. That the said parties of the first part, for a rd in consideration of the sum of One Dollar ($1.00). lawful money of the United States. and other good andvaluable -considerations, to them in hand paid by the said parties of the second part at the time of the execution hereof, the receipt whereof is hereby acknowledged, have granted. bargained. sold, aliand, enfeoffed, released and confirmed. and by these presents do grant, bargain. sell. alien, snfeoff, release and confirm unto the said parties of the second part. their heirs and assigns; ALL that certain piece or parcel of land situate in the Township of Dickinson, County of Cumberland, and State of Peni.sylvanla, bounded and described as follows: CBEGINNING at a white oak tree at corner of lands formerly of Rev. McKnight Williamson and Henry Peffer, now John Bear and MRS. D. M. Reese; thence by lands formerly of Henry Peffer an John Peffer, now Mrs. D. M. Reese, George H. Stewart Estate, J. A. Thrush, James McCoy, and Mrs. Bessie Peffer. south one and one-fourth (14) degrees east four hundred twenty seven and five tenths (427.5) perches to the center of the Yellow Breeches Cree ; thence by lands late of Samuel Woods. Jr., now Mary A. Coleman. up the center of the said Creek south sixty eight (68) degrees west fifteen and four-tenths (15.4) perches north eighty-three (83') degrees west twent eight and seven-tenths (28.7) perches to a point opposite a maple; thence along lands formerl of the Glenn Estate, now of the Glenn Estate and Parker V. Ahl, north four and one-half (4-) • degrees west four hundred fifty three and five-tenths (453.5) perches to a post; thence along lands formerly of Rey. McKnight Williamson. now John Bear. south seventy one and one-half (712 degrees east seventy three (73) perches to the place of beginning. Containiag one hundred fi y three (153) acres and forty six (46) perches, strict measure. Being improved with & two and one- half (22) story stone dwelling house and frame bank barn. Being the same premises which Margaret Munro, by deed dated November 20, 1844, granted and conveyed to John S. Munro; and the said J hr S. Munro died June 3, 1907, leaving a last will and testament which is recorded in Will Book Y 4 y ? page 319, whereby he devised the said promises to his children, Mary E. Munro,--Joseph I. Munro. Beater M. Munro. Isabella W. Munro, and John E. Munro; the said Mary E. Munro died November 25, 1919, leaving a last will and testament whieb is recorded in Will Book 30. page 498, in which she devised her interest in the said premises to her two brothers. Joseph I. Munro and • John E. Munro, and her two sister0. Heater M. Munro and Isabella W. Munro; and the said Hester M. Munro died January 22. 1929, leaving a last will and testament which is recorded in Will Hook 35. page 123, whereby she devised her interest. in the said premises unto her two brothers. Joseph I. Munro and John E. Munro, and her sister. Isabella W. Munro; and the said John E. Munro died July 10. 1932, leaving a last will and testament which is recorded in Will Book 37. page 18, whereby he devised his interest in the said premises unto his brother, Joseph I. Munro, and his two sisters, Hester M. Munro and Isabella W. Munro; root including, and excepting from this conveyance. the trraot of land conveyed by Joseph I. Munro and Isabella W. Munro, by deed dated November 29. 1933, and recorded in Deed Book K. Vol. 11, page 142, to J. Clyde Barrick and S. Alice Barrick, his wife, described as follows:] ALL THAT PORTION of that certain farm situate in Dickinson Township. Cumberland County, Pennsylvania. and known as the Munro Mansion Farm, bounded and described as follows: EGINNING at a corner being the intersection of the north line of the York Road with the a went n line of a lane nineteen (19) feet wide. thence with the western line of said lane north three (3) degrees west one thousand and ninety three (1093) feet to a point, thence with other land of the parties of the first part south seventy eight (78) degrees west, three hundred and twelve (312) feet to a point. thence with other land of the parties of the first part south three (3) degrees east, eleven hundred and sixty five (1165) feet more or Less to 6he northern line of the York Road, thence with acme north sixty five (65) degrees east, three hundred and thirty three (333) feet to the western line of said lane, the places of beginning. the same being improved with a frame dwelling house and various•outbuildings.l SEE SECOND SUPPLEMENTAL TRUST AGREEMENT-Between Joseph I. Mun -and Isabella W. Munro and the Carlisle Deposit Bank and Trust Company, dated January 27. 1934, and recorded In the Recorder's Office at Carlisle. Pennsylvania, on the date of the recording of this deed. TOGETHER with all and singular the. buildings, privileges. hereditaments and appurtenances whatsoever thereunto belonging or in anywise appertaining, and the reversions and remainders, rents, issues and profits thereof; and all the estate, right. title, interest. property, claim • and demand whatsoever of them the said parties of the first part. either in law or equity, of, in and to the same. TO HAVE AND TO HOLD the said messuage or tenement and lot or place of ground above des- cribed. hereditaments and premises hereby granted, bargained, sole. or me:.tioned. or Intended so to be, with the appurtenances, unto the said Parker V. Ahl and Helen R. Ahl, his wife, their heirs and assigns, to and for the only proper use and behoof of the said Parker V. Ahl and i elan R. Ahl, his wife, their heirs and assigns. And the said Joseph I. Munro and Isabella W. un.:o, parties of the first part, for themselves and their heirs and assigns, do hereby covenant and agree to and with the said Parker V. Ahl and Helen R. Ahl, his wife. their heirs and assigns, all and singular the said hereby granted premises, with the appurtenances, unto :. the said Parker V. Ahl and Helen R. Ahl, his wife, their heirs and assigns, against them):.-the said Joseph I. Munro and Isabella W. Munro, their heirs and assigns, and against all and every other person and persons whomsoever alwrully claiming or to claim the same or any part thereof, shall and will warrant and forever defend by these presents. And the said Carlisle Deposit B ank and Trust Company. Trustee, does Covenant, promise. grant and agree to and with the said Parker V. Ahl and Helen R. Ahl, his wife, their heirs and assigns, by these presents, that i t, the said Carlisle Deposit Bank and Trust Company, Trustee. has not done, committed. arknowing l y or wiIIkSly.anffei4d to be done any act, matter, or thing whatsoever, whereby the premises afore- s aid. or any part thereof, is. are, shall or may be charged or encumbered in title, charge or e state, or otherwise howsoever. And the said Carlisle Deposit Bank and Trust Company, Trustee, d oes hereby constitute and appointWAlter E Burns to be its ttor f . , a ney or it and in its name pt-lh:rLty s and for its corporate art and deed, to acknowledge this deed oefors any person having by the laws of the Commonwealth of Pennsylvania to take such acknowledgment. to the end that the same may be dAV, recorded. IN WITNESS WHEREOF the said Joseph I. Munto and Isabella W. Munro. parties of the first part, have hereunto set their hands and seals the day and year first above written, and the • • • i . 1 i I I i j i i I I r j i i ' i I I i. i CCAC # a ?? MADE THE -70 - day of. in the year of our Lord one.thousand nine hundred seventy-three (1973). BETWEEN PARKER V. ARIL and HELEN R. MIL, his wife, of the Borough of Carlisle, Pennsylvania, hereinafter called and RAYMOND J. bTISS; o Grantor s, f 615 West South Street, Carlisle, Pennsylvania; and JAMES A. STONE, of R. D. 1, Turbotville, Pennsylvania, hereinafter called f Grantee s : 'WITNESSETH, that in consideration of One and 00/100 ($1:00) and other valuable consideration Dollars, I in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantees, their heirs and assigns, as equal tenants in common: i ALL those two certain tracts of land with the improvements thereon erected, situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: TPJ;CT NO 1: BEGINNING at a point in the center of the Yellow Breeches reec; t once by Tract No. 2 herein described, and crossing; York Road, North 5 degrees West 4709.3 feet to a point; thence by' land. now or formerly of John M. Lippert, South 73 degrees 5 minutes West 1494.6 feet, more or less, to a point; thence by land now or formerly of Luther 14. Lebo, South 10 degrees East 3020.7 feet to a point in the center of the York Road; thence by the center of said Road, South 79 degrees 20 minutes West 39.8 feet to a point; thence continuing by land now. or formerly of Luther W. Lebo, South 7 degrees 40 minutes East 958 feet, more or less, to a point; thence North 76.degrees 50 minutes East 193 feet to a point; thence South 34 degrees 40 minutes .East 80 feet to a point in the center of the Yellow Breeches Creek; thence down stream by the center of said Creek, in a Southeasterly direction, 1125 feet, more or less, to the Place of BEGINNING. , CONTAINING 120 Acres, more or less. BEING the same property which was conveyed to Parker V. Ahl and Helen R. Ahl, his wife, by Ada J. McKeehan, Widow, et. al., by deed dated August 15, 1933, and recorded in the office of the Recorder of D umberland County in Deed Book "J", Vol. 11, Page 322. TRACT NO, t BEGINNING at a point in the Yellow Breeches Creek; thence ract o. 1 herein described and crossing the York Road', and also by tan now or formerly of John M. Lippert, North 4 degrees 30 minutes West 7482.75 feet to a point; thence by land now or formerly of Herman H. Heiman, and crossing L.R. 21034, South 71 degrees 30 minutes East 1204.5 feet to a white oak; thence by land now or formerly of Dale F. Jones, John E. Fulton and George A. Nickel, and recrossing L.R. 21034 and the York Road, South 1 degree 15 minutes East 7053.75 feet to a point in the center of the. Yellow Breeches Creek; thence up stream by the center of said Creek, South 68 degrees West 254.1 feet to a point thence by the same, North 83 degrees West 473.55 feet to the Place of BEGINNING. CONTAINING 153 Acres 46 Perches. BOOKIEF25PAGE 235. i f x ' LESS, HOWLTER, (1) an out conveyance to J. Clyde Barrick and S. Alice Barrick his-wife •by deed dated November 29 1933 d , , , , an recorded in the office' aforesaid in Deed Book "K", Vol. 11, Page 142; and (2) 2.72 acres, more or less, at the Northeastern corner about to beconveyed to Ray R. Myers, C. C. Dallas and H. R. Davis, bounded _ * and described pursuant to a survey by Noel R Smith Y Y , Registered I ;r Survevor, dated March 27, 1973, as follows: BEGINNING at a nail in the ! ' I center of L.R. 21034; thence by the Northern line of said Tract No. 2, South 64 degrees 7 minutes 5L seconds East. 597.24 feet to a post; thence I by the Eastern line of said Tract No. 2 South 5 degrees 13 minutes 20 i•nute s ?. seconds West 485.25 feet to a nail in the center of L. R, 21034; thence ,4 , by the center of said Road, North 27 de,r*rees 30 minutes West 227.42 feet to a point; thence by the same, North 29 degrees 46 minutes West ? r} 119.65 feet to a point; thence by the same, North 32 de,rrees 57 minutes I ' West 103.32 feet to a point; thence by i the same, North 36 degrees 50 minutes West 203.23 feet to a point; thence North 33 degrees 29 minutes I Wes t 241.18 feet to the Place of BEGINNING. BEING the greater part of the property which was conveyed to ; i Parker V. Ahl and -Ifelen R. Ahl, his wife, by Joseph I. Munro, et, al•, by deed dated April 20, 1934, and recorded in the office: aforesaid in , Deed Book "L", Vol. 11, Page 129. ; s TRACTS NOS. L and 2, as herein conveyed, comprise 269 acres, more or less; and are improved with two stone houses, two bank barns and outbuildings. AND BEING part of the property which was conveyed to Parker V. ft* I Ahl by Helen, R. Ahl by deed dated June 18, 1957, and recorded in the . office aforesaid in Deed Book "W", Vol. 17,-Page 230, ii. f', I I , .. C • 2t tAS c lk I la a, i i I i I i I y 1, • • I AND the said grantors hereby covenant and agree that they will warrant generally the property hereby conveyed. r r 95--_? N-1 t; •r,(.1?'.r !#" ,i. X11! s r, t,. ' I :. E?? ,i.. ?., .?.?". ! ,???i? ' . . (w tam ??• 11 II 11 II ?I •1, II '`1 11 r 1 fF I IN WITNESS WHEREOF, said grantors have hereunto set the it hand s and seals the day and year first above written. iripnel, ?realrl tnA leGBeub Gt . t ./! d::_;./,.. _ __ s Au L in the Vheonwe of Parker V. Ahl „.. . .. .. ..... .. •?j=y^'S--?.....•... DEAL [{elen R. Ahl ....................»........................_a..._................... ................................. ................... _..................... ..... ... L T•.nllio •P•+•••••• . •••••••••• . Camb-Co., Pe. School Dist Cumb. Co., Pe.. , .L Y. R.Q E.t.t• Tr.ndv T.• 0= a e+a? X R:.I Ett.t• T-0.r T.r - , L J j (f l 5? c..o ° ro s o °s ^ ' D.t• .... .... Amt'. ...... .t. oc•c,?r^•?v ?9 A •. +m m . z o o _ ,1w G, OIN. 441. AN, Qem6. Co. Dl.t. GI. AN: . -4 O 1 • State of .Pennsylvania es. County of Cumberland On this, the 3e, - day of , 1973 before me, the undersigned officer, personally appeared Parker V. Ah1 and Helen R. Ahl, his wife, i known to me or satisfactorily proved.) to be the persons whose names are s?sbtcre8s??q tlfe•?,vl, •,., urithin instrument, and acknowledged that the y executed the same for the tmpq;es.tJiere:ri r contained. - T U .w• - •• 1.:1 I IN WITNESS WHEREOF, 1 hereunto set my hand and official seal. Title of Officer. • II - - JANICE E. HERTZLER, NOT: • PUBLIC • CUMBERLAND COUNTY. CARLISLE. PA. MY. COMMISSION EXPIRES JANUARY 27TH. 1975 BOOK F`,ZSPAGE 237 t. • • \ 51721 6/22/78 Pr, oPr)E;-o, ':; ' f THE RECO- CUfcETLA>' a&TY i ? 115 Y.1'.t'll' JuH 26 4 26 M THIS INDENTURE s MADE the )3 fJ day of June, in the year nineteen hundred and seventy-eight (1978) i B E T W E E N i RAYMOND J. WISS and BARBARA WISS, his wife, R. D. #7, Carlisle, i Pennsylvania, Grantors, parties of the first part, A N D JAMES A. STONE and MARY ELLEN STONE, his wife, R. D. #7, Carlisle, Pennsylvania, Grantees, parties of the second part, W I T N E S S E T H f That the said parties of the first part, for and in consider- ation of the sum of One Dollar, lawful money of the United States of America, well and truly paid by the said party of the second part to the said parties of the first part, at and before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, enfeoffed, released, conveyed and confirmed, and by these presents do grant, bargain, sell, alien, enfeoff, release, convey and confirm unto the said parties of the second part, their heirs and assigns. ALL of the interest of Grantors in those certain two tracts of land, situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract No. 1: BEGINNING at a point in the Yellow Breeches Creek; thence by a parcel described as Tract No. 1 in D.B. "E", Vol. 25, Page 235 and crossing the York Road, and also by land now or formerly of John M. Lippert, North 4 degrees 30 minutes West 7482.75 feet to a point; thence by land now or formerly of Herman H. Helman, and crossing L.R. 21034, South 71 degrees 30 minutes East 1204.5 feet to a white oak; thence by land 1/?1 now or formerly of Dale F. Jones, John E. Fulton School Disf. Cumb. Co., Pa. Cumb. Co., Pa. T% R•.I ° COMMONWEALTH OF PCNNSYIVPJiA W.f. T.d., T.• C 1' ? R•.I Ed.1.GTnmbr Tie - DEPARTMENT Of IiEVENUE 0.14 ?:.z.A.AA/.', .5- D. ?r7 Aw ?..4 -S oEALTY d" 74 TRi.HSfER JUN26'Tt?'? 4 2 9. G 0 __ ?-u-^ tax Ce..6 C. DI.s. Col AOL ? Ce..?. Co. Did. G.I. AqL lY5 ° P.8.11152 . BOOK Y V 27 PACE 4 48 I 0? and George A..Nickel, and recrossing L.R. 21034 and the York Road, South 1 degree 15 minutes East 7053.75 feet to a point in the center of the Yellow Breeches Creek; thence up stream by the center of said Creek, South 68 degrees West 254.1 feet to a point; thence by the same, North 83 degrees West 473.55 feet to the Place of BEGINNING. CONTAINING 153 Acres 46 Perches. TOGETHER WITH the improvements thereon. BEING Tract No. 2 of the property which was conveyed to Raymond J. Wiss (one of the Grantors herein) and James A. Stone (Grantee herein) by deed dated May 30, 1973, and recorded in the office of the Recorder of Deeds for Cumberland County in Deed Book "E", Vol. 25, Page 235. Tract No. 2: BEGINNING at a point on the Western side of a lane 19 feet wide, said point being North 3 degrees West 60 feet, more or less, from the Northern side of the York Road; thence by the Western side of said lane, North 3 degrees West 1033 feet, more or less, to a point; thence by • other land of the Grantees, South 78 degrees West 312 feet to a point; thence by the same, South 3 degrees East 1079 feet, more or less, to a point; thence in an Easterly direction by land now or formerly of Charles L. Snyder and Rhoda K. Snyder, his wife, 312 feet, more or less, to the Place of BEGINNING. BEING the property which was conveyed to Raymond J. Wiss (one of the Grantors herein) and James A. Stone (Grantee herein) by deed dated September 3, 1974, and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book V, Vol. 25, Page 882. TOGETHER with all singular the tenements, hereditaments and appurtenances to the same belonging, or in anywise apper- taining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof; AND ALSO all the estate, title, interest, property, claim and demand whatsoever, I both in law and equity, of the said parties of the first part, of, in, to or out of the said premises, and every part 1;= and parcel thereof.. TO HAVE AND TO HOLD the said premises, with all and singular the appurtenances, unto the said parties of the 2 NOW ? - - • NOKVY 27 PAGE 449 s 10 i second part, their heirs and assigns, to and for the only proper use and behoof of said parties of the second part, their heirs and assigns forever. AND the said parties of the first part, for themselves, their heirs, executors, and administrators, do by these presents, covenant, grant and agree to and with the said parties of the second part, their heirs and assigns, that they, the said parties of the first part, and their heirs, all and singular the hereditaments and premises herein above.described and granted, or mentioned and intended so to be, with the appur- tenances unto the said parties of the second part, their heirs and assigns, against the said parties of the first part and their heirs, and against all and every other person or persons, whomsoever, lawfully claiming or to claim the same or any part thereof, shall and will, by these presents, WARRANT AND FOREVER DEFEND. IN WITNESS WHEREOF, the said parties of the first part' have hereunto set their hands and seals, the day and year first written above. (SEAL) RAYMC61D J. W?/L,SS/ &A,4a'. (/l!/l / (SEAL) BARBARA WISS CERTIFICATE OF RESIDENCE I, hereby certify that the precise residence of the grantees herein is as follows: R. D. #7, Box Carlisle, Pennsylvania. A rney or Agen 'for G• ntee 3 - nox M7 PacE 450 ?r :y iv • COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: On this, the.Zy ay of June , 197 Q before me,- the undersigned officer, personally appeared RAYMOND J. WISS and BARBARA WISS 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 purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. 0 45-1H A A. LAYERS, Nobry pabfc yY cam l? L*m An.n :s, way My Commission Expires: bwg. PA u,yn. C.- r`- COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF a i On. this, the day of , 197 , before me, the undersigned officer, personally appeared known to me (or satisfactorily proven) to be the person- whose name- subscribed to the within instrument, and acknowledged that executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. My Commission Expires: 0 1 1 800OV27. PACE 451 • C 0 Q A r? r a k ? ?I i' r If 1 ?lk:< a , • V : T . I 6 • i 13? . HMenar-.wuney o..a-anae Fwfn-see 1900-amble en.w ry Hell. Inc., IINWU, ?e. MADE THE 31 day of 4.+ c a s; ? in tke year of our Lord one thousand wine hundred eighty-seven (1987) } BETWEEN JAMES A. STONE and MARY ELLEN STONE, his wife, of the Borough of Carlisle, Cumberland County, Pennsylvania, parties of the first part, herein called the i. ,s Grantors and RICHARD A. PRZYBYL and-LINDA E. PRZYBYL, his wife, of Dickinson Township., Cumberland County, Pennsylvania, parties of the second part, herein called the Grantees WITNESSETH, that in consideration of One ($1.00) DoltarX in hand paid, the receipt whereof is hereby acknowledged, the said grantor's do hereby grant and convey to the said grantees , as tenants by the entireties, their heirs ;.and assigns, ALL that certain tract of land, together with the improvements thereon erected, situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a final subdivision plan prepared by Eugene Albert ?.; Hockensmith, Registered Surveyor, which said subdivision plan is recorded in. the Office of the Recorder of Deeds in and for ?. Cumberland County, Pennsylvania, in Plan Book 43, Page 9, as follows: BEGINNING at a railroad spike in the centerline of Old York Road, i in line. of lands now or formerly of Raymond, J. Wiss and Barbara Wiss, his wife; thence by lands now or formerly of said Raymond J. Wiss and Barbara•Wiss, his wife,. North 20 01' 30" West 1,646.34 feet to an iron pin; thence by Lot No. 2 on said subdivision plan, North..87° 58' 30" East 922.77 feet to an iron pin; thence by lands formerly of the Grantors herein, South 10 12' 40" West 486.25 feet . to an angle iron at post; thence by lands now or formerly of Jennings F. Cox, South 10 14' 10" West 875.77 feet to a nail and cap in the centerline of said Old York Road; thence by the centerline of said Old York Road, South 690 25' 48" West 18.48 feet to a railroad spike; thence by lands now or formerly of Charles L. Snyder, North 00 36', 46" East 80.36 feet to an iron pin at post; thence by the same, South 73° 38' 37" West 323.50 feet to 0 an iron pin at post; thence by the same, South 1° 37' 09" West j 106.59 feet to a railroad spike in the centerline of said Old York Road; thence by the centerline of said Old York Road, South 690 " 25' 48" West 273.14 feet to a spike; thence by the same, South 690 . 50' 48" West 267.28 feet to a railroad spike, the point and place of BEGINNING. BEING Lot No. 1 on said subdivision plan, and containing 29.7 acres; and BEING improved with a two story brick dwelling house and attached garage known and numbered as 639 West Old York Road, Carlisle, Pennsylvania. UNDER AND SUBJECT, NEVERTHELESS, to the conditions and restrictions noted on said subdivision plan. BEING a part of Tract No. 1 and all of Tract No. 2 which James A. Stone and Mary Ellen Stone, his wife, by deed dated June 23, 1978 , and recorded in the office of the Recorder of Deeds, aforesaid, in Deed Book "W", Vol. 27, Page 463, granted and conveyed to James A.' Stone and Mary. Ellen Stone, his wife, the Grantors herein., 'I.?w:.iw.x 800K X 32 PAGE 129 .. -.... ?......w ,rue.«. ., .... .4.. ......, ...n.vner.«n uu..r w-.uw...-..,wee. w.+nn. w.n..yrax • .. -?, .! ;? i y And the said grantor s hereby covenant and agree.' that they will warrant generally the property hereby oonveyed j ` ( } IN WITNESS WHEREOF, said grantors havehereuntoset their hands and seats the day and yeah first above written. 1111PIP0. btaltb anb tUbttei! rMary _AStone in tbtjttiente of ............._......_......._... ?.l"i., lea Stone \OTW __.._. ?'_?...h ? ? .............. ._......._.____-?- sear. i State of Pennsylvania County of Cumberland i ( On this, the 3?L day of Av6.+t'? , 1987 before me, I i the undersigned. officer, personally appeared James A. Stone and Mary Ellen Stone, his wife, a r 4 • known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the; purvaygf therein f }. contained IN WITNESS WHEREOF, I hereunto set m hand and official L '1 BOMN'E I_ =,i.r Notary J/AIIC..._..?._ • %? . _ •I :I _ Mt. MHly snrrngs Cumberland Co Pa ..... _. ...... LT +'7 .1 yyam?y?.?? .! - My Comnti ,ion Expires Oct. 8, i99o r vl/L ,` j State of ,0,.:?\\?,.•' ,w County of ?so. 'I On this, the dai ? Y of 19 , before me, the undersigned officer, personally appeared known to me (or sattefaetorily proven) to be the person whose name subscribed to the within instrument, and acknowledged that contained executed same for the purposes therein IN WITNESS WHEREOF, I hereunto set my hand and ofteial aeaL ..... ........ ................................................ ......._ .................... __.._............... ._..__........................ Title of Officer. L- do hereby certify that the p„re, ?' e residence and complete poet office F r 1'W • l? l piL. ?? C?adds of the wthinamed grantee is a39 . 145 (A, f !1013:. • Attorney for eooR ?(32 PACE 131 ?13{(C,/1 MADE Z Sn#this SL f l Tax Parcel # 08-11-0292-008 _., EitGLER l ? JUL 25 PM y 01 6L geed day of , 2007, BETWEEN RICHARD A. PRZYBYL and LINDA E. PRZYBYL, husband and wife, of Carlisle, Cumberland County, Pennsylvania, "GRANTORS", AND CHRISTOPHER J. KEEGAN and AUDREY R. KEEGAN, husband and wife, of Carlisle, Cumberland County, Pennsylvania, "GRANTEES", • • WITNESSETH, that in consideration of the sum of One and 00/100 ($1.00) Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey in fee simple to said Grantees, their heirs and assigns, as tenants by the entireties, ALL THAT CERTAIN tract of land, together with the improvements thereon erected, situate in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a final subdivision plan prepared by Eugene Albert Hockensmith, Registered Surveyor, which said subdivision plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 43, Page 9, as follows: BEGINNING at a railroad spike in the centerline of Old York Road, in line of lands now or formerly of Raymond J. Wiss and Barbara Wiss, his wife; thence by lands now or formerly of said Raymond J. Wiss and Barbara Wiss, his wife, North 2 degrees 01 minute 30 seconds West 1646.34 feet to an iron pin; thence by Lot No. 2 on said subdivision plan, North 87 degrees 58 minutes 30 seconds East 922.77 feet to an iron pin; thence by lands formerly of James A. Stone and Mary Ellen Stone, South 1 degree 12 minutes 40 seconds West 486.25 feet to an angle iron at post; thence by lands now or formerly of Jennings F. Cox, South 1 degree 14 minutes 10 seconds West 875.77 feet to a nail and cap in the centerline of said Old York Road; thence by the centerline of said Old York Road, South 69 degrees 25 minutes 48 seconds West 18.48 feet to a railroad spike; 500f 28j. PAGE 624 • • thence by lands now or formerly of Charles L. Snyder, North 0 degrees 36 minutes 46 seconds East 80.36 feet to an iron pin at post; thence by the same, South 73 degrees 38 minutes 37 seconds West 323.50 feet to an iron pin at post; thence by the same, South 1 degree 37 minutes 09 seconds West 106.59 feet to a railroad spike in the centerline of said Old York Road; thence by the centerl;ne of said Old York Road, South 69 degrees 25 minutes 48 seconds West 273.14 feet to a spike; thence by the same, South 69 degrees 50 minutes 48 seconds West 267.28 feet to a railroad spike, the point and place of BEGINNING. BEING Lot No. 1 on said subdivision plan, and CONTAINING 29.7 acres. BEING improved with a two story brick dwelling house and attached garage known and numbered as 639 West Old York road, Carlisle, Pennsylvania. UNDER AND SUBJECT, NEVERTHELESS, to the conditions and restrictions noted on said subdivision plan. BEING the same premises which James A. Stone and Mary Ellen Stone, his wife, by Deed dated August 31, 1987 and recorded in the Office of the Recorder • of Deeds in and for Cumberland County in Deed Book 32-X Page 129, granted and conveyed unto Richard A. Przybyl and Linda E. Przybyl, Grantors herein. AND the said Grantors hereby warrant specially the property herein conveyed. IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, the day and year first above written. Witness: • i and A. P i '000?? a ?-? Linda E. Przybyt BOOK 281 PAct 625 C] 0 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :38. On this the ay of J U , 2007, before me, the undersigned officer, personally appeared Richard A. Przybyl and Linda E. Przybyl, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed same for the purposes therein contained. WITNESS my hand and official seal the day and year first above written. ?1 5&? (SEAL) Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Aff ride L. Fisher, Notary Public CadWe Born, Cw bwW nd CW* My Cor w*wion Expires Apr. 17,2010 Member. Pennsylvania Association of Notaries I hereby certify that the precise residence ano complete ppost office address of the within named Grantees is (03R Wes Old Yai< Road, Carl 1S(e- PA Dols. ?t z -.01 07 r io I R 13 ?.g c,4 co .A y 40 ?g?;8885?!S88S?? 16 (- ;- / .4 ,, y for Grantees z y r recorded 'rt ?.=ril??Leriand County PA CCC::: III Q' aa? 2 A ? M 1 R ecorder of Deeds BOOK 26i PACE 626 COX TITLE HISTORY SUMMARY 631 WEST OLD YORK ROAD MORRISON 6-1-50 WITMER 8-19-74 COX • 0 i. • 1 • f 1 TF 2ss7 6 TF 4946 eef•eT-Woneb aw6 DAeR Pnm, Aet of 120e. slneb err• IGnry Hall, Ina., InNUe, Pl. . ? RECDRDED•oFfICE OP THE RECDRDER DP OEEDS ?? OCRDERLA!ID CDUaTr PENNSYLVANIA MADE THE I9 log 13 11 27 AH tl1( day of In the year of our Lord one thousand nine hundred Seventy-Four, BETWEEN RODNEY M. WITMER and MARY K. WITMER, his wife, of the Borough of Carlisle, Cumberland County, Pennsylvania, Grantors , and JENNINGS F. COX and ANNE M. COX, his wife, of Dickinson Township, Cumberland County, Pennsylvania, Grantees , WITNESeETH; that in consideration of THIRTY=THREE THOUSAND FIVE HUNDRED ($33,500.00) Dollars, In hand paid, the receipt whereof to hereby acknowledged, the said grantor s do hereby grant and convey to the said grantee s , fully described as follows; p' Gumbe:rland-Goun-t? ,-Pennsy-lvani-a-more ALL that certain tract of land with the improvements thereon erected. 44tuate-in-D•ic.kin-son To - hi BEGINNING at an iron pin in the York Road on the line between the tract. hereby conveyed•'and lands now or formerly of Mrs. Robert Peffer; thence by the latter: lands North.2 1/2 degrees West 51.6 peches to a stone; thence by the same South 74; degrees West 9.5 perch r es to a post in the line of land now or .foimerly of P. V. Ahl; thence by the same South 2 1/2• degrees East S3.1 perches to a stone in the said York Road; thence by.said.York Road, North S6 3/4 degrees East 10,05 perches to the place of Beginning:' Containing:•3 Acres 6 perches according to survey of S.' J. Tritt, Co.; Surveyor, dated August 18, 1899. BEING the same property which W. G. Morrison and Ruth A. Morrison, his wife, by deed dated June 1, 1950, and recorded in Cumberland County Deed Book 14 11Ir' S81, granted and conveyed unto Rodney M. Witmer and Mary K. Witmer, his wife, Grantors'herein. I 'A Tab2'1"? C-6. Co., Pe. School Dist. Cumb, Co., Pe ' i -,FR Red Estate T-4-11 .1 To Reel Estate Trudorr Tu Date i -1? yC!e ,cue lK ?? . /F • /?c 1 I C.wb Dist, GI, A ...+?, 01% DM. CeL A S •, i I uLF:.P.i:N ALT'r? C= PC`;P:Sp:Mt•%', .? L11 iNi Ot R VE?ii'c o X` CFA lV6I t 1e ' ° 3 ^ 5.f, 0I AND the sold grantor hereby covenant and agree that they and each of them will warrant generally the property hereby conveyed. I 00OK7 25 PACE 15,9 --------------- "Exhibit B11 • a _lell.Jl.__ . IN WITNESS WHEREOF, said grantors ho Ve hereunto set their hand S and seal S the day and your Brat above written. k i E oienei, •,rslei sob jelieerei •,.i e°? in tile ZICletllrt of .••Ko QeY 17. Itltmer iNary K. Witmer f T L State of PENNSYLVANIA t k f o County of CUMBERLAND 1( On this, the ( q day of 19'74 , before me, i ?! j the undersigned officer, personally appeared Rodney M. Witmer and Mary K. Witmer, ' his wife , ' kpoWn )At, iffe•(or satisfactorily proven) to be the person S whose name S are subscribed to the with- J' C slt,um hodijid acknowledged that they executed some for the purposes theroin contained . i ? 7?. o?,lAt ESB? WHEREOF,_ I hereunto set my hand nd official seat 'aw At il. • r • NOTARY PUBLIC .'? .?ks.•Q? ' X 1`'•'r? i? . _ 'Ax' 41 CI ..4omlo!ixiat.Esppes J,imm?r ?.I111?_ _ __ . _ 41 srxrts, Fe6 cuat,ssYOA C"O Title of ?/_p. •?'.1 V. Officer. i ii do hereby certify that the precise residence and co plate office address of the within named grantee Is -.jaw f "'?'rrJ?• ??r? j /gyp 197f" l Attorney for . . E 7 k a N d ?+ E-•t e z a w y? 1.4 o ? + . a ?.e W W M a z or n N S Od N B ti COMM FAITH F PENNSYtYANtA RECORDED on this day of A. D. 19, in the Recordei s office of the said County, ' Deed Rook T_ Vol., page Given under my hand and the seal o id office. ha d0!1 ablve written. Recorder. ..4=7-25 PAGE 160' I E.-I U: ?-4 r V ,S. Pauline Robinson J. F.GZ?_ th Attest: 1 4 EMANDAR RFALTY CO. Frank B. Mumma secretary I//a 9/ 33 COWIONWEALTH OF PENNSYLVANIA) IOUNTY OF CUMBERLAND ) • I hereby eer3ify that on this 31st day of Octooer, in the year of our Lord, one thousand nine hundred and thirty-three, before me, the subscriber a Notary Public, Pers-orally appeared rank B. Mumma the attorney named in the•foregoing deed, and by virtue of and in pursuance of he authority therein conferred upon him, acknowledged the"aaid deed to be the act and deed of the said Emandar Realty Company. WITNESS myhand and notarial seal the de.y and year afcresald,. j '•:. , G. Pauline Robinson 1 G.P.R. Notary Public N.P. My commission exAfsa Aug. 17,1936 I hereby certify that the preoise address of the grantees herein is Mechanicsburg, Pa. Gmpared by E.G.& N.M. J.Fre,ed Martin Atty. for Grantees • No. 4215 PHIS INDENTURE DEED [MADE THE 29th day of November in Ue year of our Lord one WILLIAU MONROE'S DEVISEES thousand nine hundred' and thirty three.? TO Q BETWEEN Joseph I. Munro, and Isabella W. Munro, (both single) J. CLYDE BAP RICK pof South Middleton Township, Cumberland county , Pennsylvania, AND )parties of the first part, and ••J. Clyde Barrici, and S. Alice S. ALICE BARRICK, HIS WIFE (Barrick, his wife, of Dick,idson Township, said county and stale. CONS. 41.00 Qparties of the second part: LOC. DICKINSON fOWNSHIP p WITNESSETH, that the said t?&rrtties of the first part, for and DATED NOV. 29,1933 din consideration of the stun of one dollar and other good 'and BNTLRED DEC. 26,1933 valuable considerations lawful money of the United States of (America, well and truly paid by the said parties of the second part to the said parties of the first. part, at and before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged. have granted, bargalneo, sold. allened, enfeeffed, released, conveyed and confirmed, and by these presents do grant, bargain sell, alien, enfeoff, release, convey and confirm unto the said parties of the second part, all that portion of that certaln farm situate in Dickinson Township, Cumberland county. 2ennsylvania, and known as the Monroe Mansion Farm, bounded and described as follows: CBeginniny, at a corner being the intersection of the north line of the York Road and the eestern line of a lone nineteen (19) fe at wide, thence witb••the western line of said lane north three (3) degrees west, one thousand and ninety three (103) feet to a point, thence pith other Land of the parties of the first part south seventy eight 00 aegrees west, three hundred and twelve (312) feet to a point, thence with other land of the pestles of the first part south three (3) degrees east, eleven hundred and sixty five (1165) feet more or less to the northern line of the York Roed, thence with same north sixty five (65) degrees east, three S.. I, r Rr • J • is hundred and thirty three (333) feet to the western lire of said lane, the place of beginning,. the same being improved with a frame dwelling house and various outbuildings. It being a portlo of thgT larger treat of land which was conveyed by John Kenegs and Dorothy Kenege to William. Mon by dead dated the-20th day of March, L.D.1812. recorded in the office of the Recorder of deeds in and for Cumberland county, in deed Book "V", Volume I, at page 41, and of,,whieh by virtue of the Intestate laws, of the commonwealth of Pennsylvania and by virtue of various devises, the i parties of the first part herein are now vested with afes simple estate in said land. TOGETHER with all and singular, the buildings, improvements, woods, ways, rights, liberties privileges, heredita.ments and appurtenances, to the same belonging, or in any wise appertair.Ang. Iand the reversion and reversions; remainder and remainders, rents, issues andp rofits thereof, and of every part and parcel thereof: AND ALSO, all the estate, right, title, interest, property, possession, claim and demand 'whatsoever. both in, law and equity, of the said parties of the first part, of, in, and to the said premises, with the appurtenances: TO HAVE AND TO HOLD the 'Said premises, with all and singular the appurtenaneet, unto the sail parties of the second part, to the only proper use, benefit and beboof of the said partiesof the second pert, for and during the term of their joint lives and the life of the'survivor of them. AND the said parties of the first part, their heirs, executors and administrators, do by these presents, covenant, grant and agree, to and with the said parties of the second part, that the said parties of the first part. their heirs, all and singular the herediUments and premises herein above described and granted, or mentioned and intended so to be, with the appurtenances, unto the said parties of the second parrL, against the said parties of the first part, their heir, and against all and every other person or persons whomsoever lawfully claiming or to cleimthe same or any part thereof, shall and wYA wiLrrent and forever defend. i IN WITNESS WHEREOF, the said parties of the first part to,these presents have hereunto set their hands and seals dated the day and year first above written. Signed, sealed and delivered in Joseph I. Munro (L.S.) the presents of Isabella W. Munro (L.S.) Hattie N. Frehn Joseph P. McKeehan STATE OF PENNSYLVANIA) SS COUNTY OF CUMBERLAND ) k On the 29th day of Notember Anno Domini 1933, before me, a Notary Public In and for said County & State personally appeared the above-named Joseph I. Munro and Isabella W. Munro and in due form of law aeki.owledged the above indenture to be their act and deed, and desired the same might be recorded as such. WITNESS,_my hand and notarial seal the day and year aforesela. Hattie N. Frehn H,N.F, Notary Publ-it - N.P. My eomuU ssion expires Mar. 6,1935 Pa. The residence of the within-named grantees is dickir,son Township. Carlisle R.D.5 Cumb Co. J. Clyde Barrlck ) Compared by H.G.& N.6i_ S. Alice Barrick ) Grantees 440 C IT NO. 22551 DEED = r FIRST PRESBYTERIAN CHURCH OF CARLISLE Q 11/25/52 r1r," [,._ ARY THIS DEED, I MADE THE 25TH DAY OF NOVEMBER A.D. 1952 BETWEEN THE CORPOR TION BY THE MhRE, TO ( STYLE AND TITLE OF TRUSTEES OF THE PRESBYTERIAN P. V. AHL ET UX 4 8.50 ` CI CHURCH IN THE BOROUGH OF CARLISLE, AND IN THE CONS. $1.00 Q 11/25J5. COUNTY Ur CUMBERLAND (ALSO KNOWN AS THE _ f LOC. DICKINSON TOWNSHIP U FIRST PRESBYTERIAN CHURCH OF CARLISLE, PENR DATED NOVEMBER 25, 1952 C SYLVANIA.), PARTY OF THE FIRST PART, OF THE; ENTD. NOVEMBER 25, 1952 G ONE PART AND TIME 2:30 P M 0 P.V. AHL AND HELEN R. AHL, HIS WIFE, OF CARLISLE, i CUMBERLAND COUNTY, PENNSYLVANIA, PARTY OF THE SECOND PART, OF THE OTHER PARRT, WITNESSETH, THAT THE SAID PARTY OF THE FIRST PART i'P6R AND IN CONSIDERATION OF THE SUM OF ONE 01.00) DOLLAR AND OTHER GOOD AND VALUALi-E CONSIDERATIONS, LAWFUL MONEY OF THE UNITED STATES, TO IT IN HAND PAID BY THE SAID PARTY OF THE SECOND PART AT THE TIME OF THE EXECUTION HEREOF, THE RE- CEIPT WHEREOF IS HEREBY ACKNOWLEDGED, HAS GRANTED, BARGAINED, SOLD, ALIENED, ENFEOFFED, RELEASED AND CONFIRMED, AND BY THESE PRESENTS DUES GRANT, BARGAIN, SELL, ALIEN, ENFEOFF, RELEASE AND CONFIRM UNTO THE SAID PARTY OF THE SECOND PART, THEIR HEIRS AND ASSIGNS, AS TENANTS BY THE ENTIRETIES, ALL THAT CERTAIN PIECE OR PARCEL OF LAND, SITUATE IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, &IN A P Ti nn, nc rNA7 CERTAIN FARM ORIGINALLY KNOWN AS THE MONROE MANSfON FARM BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A CORNER BEING THE INTERSECTION OF THE NORTH LINE OF THE YORK ROAD AND THE WESTERN LINEOF A LANE NINETEEN (19) FEET WIDE; THENCE WITH THE WESTERN LINE OF SAID LANE NORTH THREE (3) DEGREES WEST, ONE IRiOUSAND AND NINETY-THREE (1093) FEET TO A POINT; THENCE WITH UTHERLAND OF THE PARTY OF THE SECOND PART SOUTH SEVENTY-EIGHT (78) DEGREES WEST, THREE HUNDRED AND TWELVE (312) FEET TO A POINT, THENCE V/ITH OTHER LAND OF THE PARTY OF THE SECOND PART SLOTH THREE (3) DEGREES EAST ELEVEN HUNDRED AND SIXTY-FIVE (1165) FEET, MORE OR LESS, TO THE NORTHERN LINE OF THE YORK ROAD; THENCE WITH THE NORTHERN LINE OF THE YORK ROAD NORTH SIXTY-FIVE (65) DEGREES EAST, THREE HUNDRED AND THIRTY-THREE (333) FEET TO THE WESTERN LINE OF SAID LANE, THE PLACE OF BEGINNING, THE SAME BE- IMPROVED WITH A FRAME DWELLING HOU',E AND VQQ ARIOUS OUTBUILDINGS.' IT BEING THE SAME PIECE OR PARCEL OF LAND WHICH JOSEPH 1. roUNRO AND ISABELLA W Mluecn anu. SINGLE, BY DEED DATED NOVEMBER 29, 193?:'AND RECORDED IN THE OFFICE OF THE RECORDER OF DEEDS IN AND, FOR CUMBERLAND COUNTY,PENN::YLVANIA, IN DEED BOOK "K°, VOL 11, PAGE 1 ReuTrn e_n,ns?uurvc_`= LIFE INTEREST TO J. CLYDE BARRICK AND S. ALICE BARRICK, THIS WIFE, DURING THE TERM- OF THEIR .IOINT LIVES AND THE LIFE OF THE SURVIVOR OF THEM. AND THE SAID J. CLYDE BARRICK DIED OCTOBER 19, 1948, AND THE SAID S. ALICE BARRICK, ALSO KNOWN AS SARAH A. BARP,ICK, DIED OCTOBER 12, 1952, THEREBY VESTING A FEE SIMPLE TITLE IN THE 7kt3STEES OF THE PRESBYTERIAN CHURCH IN THE BOROUGH OF CARLISLE, AND iN THE COUNTY OF CUMBERLAND (ALSO KNOWN. AS THE FIRST PRESBYTERIAN CHURCH OF CARLISLE, PENNSYLVANIA), THE REMAINDERMAN, GRANTOR HEREIN. TOGETHER WITHALL AND SINGULAR THE BUILDINGS, PRIVILEGES, HEREDITAMENTS AND APPURTENANCES WHAT- SOEVER THEREUNTO BELONGING OR IN ANYWISE APPERTAINING, AND THE REVERSIONS AND REMAINDERS, RENTS, ISSUES AND PROFITS THEREOF; AND ALL THE ESTATE, RIGHT, TITLE, INTEREST, PROPERTY, CLAIM AND DEMAND WHATSOEVER OF IT, THE SAID PARTY OF THE FIRST PART EITHER IN LAW OR EOW`TY, OF, IN AND TO THE SAME. TO HAVE AND TO HOLD THtSA1D MESSUAGE OR TENEMENT AND LOT OR PIECE OF GROUND ABOVE DESCRIBED, HEREDfTAMENTS AND PREMISES HEREBY GRANTED, BARGAINED AND SOLD, OR MENTIONED, OR INTENDED SO TO BE, • WITH THE APPURTENANCES, UNTO THE SAID PARTY OF THE SECOND PART, THEIR HEIRS AND ASSIGNS, TO AND FOR THE ONLY PROPER USE AND BEHOOF OF THE SAID PARTY OF THE SECOND PART, THEIR HEIRS AND ASSIGNS FOREVER AND THE SAID PARTY OF THE FIRST PART FOR ITSELF ANv ITS SUCCESSORS, DOES HEREBY COVENANT AND AGREE TO AND WITH THE SAID PARTY OF THE SECOND PART, THEIR HEIRS AND ASSIGNS, THEREOF THE SAID PARTY OF THE FIRST PART AND ITS SUCCESSORS, ALL AND SINGULAR THE SAID HEREBY GRANTED PREMISES, WITH rL_ I Ijl j'. I? THE APPURTENANCES, UNTO THE SAID PARTY OF THE SECOND PART, THEIR HEIRS AND ASSIGNS, AGAINST I' THE SAID PARTY OF THE FIRST PART ANDITS SUCCESSORS, AND AGAINST ALL AND EVERY OTHER PERSON ANI PEP.SONS WHOMSOEVER LAWFULLY CLAIMING OR TO CLAIM THE SAME OR ANY PART THEREOF. SHALLAND WILL WARRANT AND FOREVER DEFEND BY THESE PRESENTS IN TESTIMONY WHEREOF, THE SAID PARTY OF THE FIRST PART HAS CAUSED THIS INDENTURE TO BE S ED BY ITS PRESIDENT, ATTESTED BY ITS SECRETARY ANF AFFIXED HEREUNTO THE COMMON ANIL CORPORATE OF THE SAID CORPORATION, THAT THE SEAL AFFIXED HERETO IS THE SEAL OF SAID CORPORATION, THAT I- WAS SO AFFIXED BY ORDEROF THE BOARD OF DIRECTORS OF SAID CORPORATION, AND THAT THEY SIGNED T NAMES HERETO BY LIKE ORDER, THE DAY AND YEAR FIRST ABOVE WRITTEN. SIGNED, SEALED AND DELIVERED CREEDIN E. EPPLEY, IN THE PRESENCE OF PRESIDENT ' COPPBflnTIOtl 1 j HENRY L. STUART ATTEST: JOSEPH V. THOMPSON, JR. I SEAL AS TO BOTH SECRETARY COMMONWEALTH OF PENNSYLVANIA Q COUNTY OF CUMBERLAND Q SS: ON THIS, THE 251AH DAY OF NOVEMBER A.D. 1952, BEFORE ME THE UNDERSIGNED 'OFFICER, PERSONAL APPEARED CREEDIN E. EPPLEY WHO ACKNOWLEDGED HIMSELF TO BE THE PRESIDENT OF THE SAID PARTY OF FIRST PART HEREIN A CORPORATION, AN-- THAT HE AS SUCH PRESIDENT BEING AUTHORIZED TO DO SO, EXE TED THE FOREGSING INSTRUMENT FOR THE PURPOSES THEREIN CONTAINED BY SIGNING THE NAME OF THE C PORATION BY HIMSELF AS PRESIDENT. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND OFFICIAL SEAL. C. HENDERSON HUMRICH (is DEPUTY RECORDER OF DEEDS-CUMBERLAND COUNTY, PA. MY COM EXP THE FIRST MONDAY OF JANUARY 1954 I HEREBY CERTIFY THAT THE RESIDENCE AND POST OFFICE OF WITHIN GRANTEE IS • . 631 W. SOUTH STREET, CARLISLE, PENNA. HENRY L. STUART, ATTY. E G ------------f-r---- --I----------------------------- NO. 22552 - DEED I!NIT`D FTITES THIS DEED, 0$4.95 RVA r441. CLS RK,S MADE THE 25Th DAY OF NOVEMBER IN P.V. AHL ET UX : "cfi?ALRiVCPiCr 1 1... 52.. Q 11/2552 I I YEAR OF UUR LORD ONE THOUSAND NINE HU, TO ARY T, Q. - -- - RED AND FIFTY-TWO (1952). CHARLES L. SNYDER ET U% Q BETWEEN P.V. AML AND HELEN R. AHL, HIS WIFE, OF CARLISLE, CONS. $1.00 Q CUMBERLAND COUNTY, PENN YLVANIA, GRANTORS, AND LOC. DICKINSON T1NP. Q CHARLES L. SNYDER AND RHODA K. SNYDER, HIS WIFE, OF NORTH DATED NOVEMBER 25> 1952 Q DLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, GRANTEES: ENTD. NOVEMBER 25, 1952 Q WITNESSETH, TH.,T IN CONSIDERATION OF (NE ($1.00) DOLLAR A TIME 2:30 P M. Q OTHER GOOD AND VALUABLE CONSIDERATIONS, IN HAND PAID, THE RECE a WHEREOF IS HEREBY ACKNOWLEDGED, THE SAID GRANTORS DO HEREBY GR AND CONVEY TO THE SAID GRANTEES, THEIR HEIRS AND ASSIGNS, AS TENANTS BY THE ENTIRETIES, ALL TH.,T CERTAIN LOT OF GROUND SITUATE IN DICKINSON TOWNSHIP, CUMFERLAND COUNTY, PENNSY VANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A CORNER BEING THE INTERSECTION OF THE NORTH LINE OF THE YORK ROAD AND THE ERN LINE OF A LANE 19 FEET WIDE, THENCE BY THE WESTERN LINE OF SAID LANE NORTH THREE (3) DE GREES, WEST, 60 FEET, MORE OR LESS, TO A CORNER POST OF A FENCE; THENCE BY LAND OF THE GRANT HEREIN OF WHICH THIS LOT OF GROUND WAS A PART, IN A WESTERLY DIRECTION ALONG A FENCE LINE, P DISTANCE OF 312 FEET, MORE OR LESS, TO A CORNER! POST OF A FENCE; THENCE BY OTHER LAND OF THE GRANTORS HEREIN SOUTH THREE (3) DEGREES EAST, A DISTANCE OF 86 FEET, MORE OR LESS, TO THE NC LINE OF THE YORK ROAD; THENCE BY THE NORTHERN LINE OF THE YORK ROAD NORTH SIXTY-FIVE (65) DE GREES EAST, A DISTANCE OF 333 FEET TU THE WESTERN LINE OF SAID LANE, THE PLACE OF__EEGINNI_NG, A • I V 4 1 1 THE APPURTENANCES, UNTO THE SAID PARTY OF THE SECOND PART, THEIR HEIRS AND ASSIGNS, AGA THE SAID PARTY OF THE FIRST FART ANDITS SUCCESSORS, AND AGAINST ALL AND EVERY OTHER PER 'I PERSONS WHOMSOEVER LAWFULLY CLAIMING OR TO CLAIM THE SAME OR ANY PART THEREOF. SHALLAND WILL WARRANT AND FOREVER DEFEND BY THESE PRESENTS IN TESTIMONY WHEREOF, THE SAID PARTY OF THE FIRST PART HAS CAUSED THIS INDENTURE T ED BY ITS PRESIDENT, ATTESTED BY ITS SECRETARY ANF AFFIXED HEREUNTO THE COMMON AND CORP OF THE SAID CORPORATION, THAT THE SEAL AFFIXED HERETO IS THE SEAL OF SAID CORPORATION, WAS SO AFFIXED BY ORDEROF THE BOARD OF DIRECTORS OF SAID CORPORATION, AND THAT THEY S1 NAMES HERETO BY LIKE ORDER, THE D9Y AND YEAR FIRST ABOVE WRITTEN. ?i SIGNED, SEALED AND DELIVERED CREEDIN E. EPPLEY, IN THE PRESENCE OF PRESIDENT CORP9flATi HENRY L. STUART ATTEST: JOSEPH V. THOMPSON, JR. I SEKL AS TO BOTH SECRETARY I COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND OSS: t ON THIS, THE 25TiH DAY OF NOVEMBER A.D. 1952, BEFORE ME THE UNDERSIGNED OFFICER, PE APPEARED CREEDIN E. EPPLEY WHO ACKNOWLEDGED HIMSELF TO BE THE PRESIDENT OF THE SAID PAR FIRST PART HEREIN A CORPORATION, AN- THAT HE AS SUCH PRESIDENT BEING AUTHORIZED TO DO S TED THE FOREGOING INSTRUMENT FOR THE PURPOSES THEREIN CONTAINED BY SIGNING THE NAME OF PORATION BY HIMSELF AS PRESIDENT. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND OFFICIAL SEAL. C. HENDERSON HUMRICH DEPUTY RECURDER OF DEEDS-CUMBERLAND COUNTY, P MY COM EXP THE FIRST MONDAY OF JANUARY 1954 I HEREBY CERTIFY THAT THE RESIDENCE AND POST OFFICE OF WITHIN GRANTEE IS 631 W. SOUTH STREET, CARLISLE, PENNA. HENRY L. TUART, ATTY. E G --------------------------------------------------------------------------------------- NO. 22552 ' THIS DEED, ?ITEO ST 'S P . . A DEED J$4.95 OVA 1j$41.`OLS RK$ MADE THE 25Th DAY OF NOVEME P.V. AHL ET UX ERNALRL'uCP;UE '.5.2.. i § 11/2552 YEAR OF OUR LORD ONE THOUSAND NI RED AND FIFTY-TWO (1952). CHARLES L. SNYDER ET UX ? BETWEEN P.V. AML AND HELEN R. AhL, HIS WIFE, OF CARL CONS. $1.00 CUMBERLAND COUNTY, PENN YLVANIA, GRANTORS, AND LOC. DICKINSON TWP. 4 CHARLES L. SNYCER AND RhODA K. SNYDER, HIS WIFE, OF DATED NOVEMBER 25, 1952 G DLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, GRANTEE ENTD. NOVEMBER 25, 1952 4 WITNESSETH, TH,,T IN CONSIDERATION OF ONE ($1.00) DOL TIME 2:30 P M. O OTHER GUOD AND VALUABLE CONSIDERATIONS, IN HAND PAID, THE A WHEREOF IS HEREBY ACKNOWLEDGED, THE SAID GRANTORS DO HERE AND CONVEY TO THE SAID GRANTEES, THEIR HEIRS AND ASSIGNS, AS TENANTS BY THE ENTIRETIES, ALL TH.T CERTAIN LOT OF GROUND SITUATE IN DICKINSON TOWNSHIP, CUMBERLAND COUNTY, F VANIA, BOUNDED AND DESCRIVED AS FOLLOWS: BEGINNING AT A CORNER BEING THE INTERSECTION OF THE NORTH LINE OF THE YORK ROAD AP II ERN LINE OF A LANE 19 FEET WIDE, THENCE BY THE WESTERN LINE OF SAID LANE NORTH THREE GREES, WEST, 60 FEET, MORE OR LESS, TO A CORNER POST OF A FENCE; THENCE BY LANG OF E HEREIN OF WHICH THIS LOT OF GROUND WAS A PART, IN A WESTERLY DIRECTION ALONG A FENCE LI i DISTANCE OF 312 FEET, MORE OR LESS, TO A CORNER POST OF A FENCE; THENCE BY OTHER LAND 1 I? GRANTORS HEREIN SOUTH THREE (3) DEGREES EAST, A DISTANCE OF 86 FEET, MORE OR LESS, TO ?R?ILINE OF THE YORK ROAD; THENCE BY THE NORTHERN LINE OF THE YORK ROAD NORTH SIXTY-FIVE (I r SAME BEING IMPROVED WITH A FRAME DWELLING HOUSE AND VARIOUS OUTBUILDINGS, TOGETHER WITH THE RIGHT OF INGRESS, EGRESS ANDREGRESS TO THE GRANTEES HEREIN, THEIR HEIRS AND ASSIGNS, IN, ON AND OVER THE SAID LANE ALONG THE EASTERN BORDER OF THE PROPERTY HEREIN CONVEYED FROM THE SAID YORK ROAD TO A POINT AT THE NORTHERN BONDER OF THE PROPERTY HEREIN CONVEYED. AND THE GRANTORS HEREIN EXCEPT AND/OR RESERVE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS THE UNINTERRUPTED RIGHT OF USE, INGRESS, EGRESS AND REGRESS IN, ON AND OVER THE SAID LANE ALONG THE EASTERN BORDER OF THE PROPERTY HEREIN CONVEYED FROM THE SAID YORK ROAD TO A POINT AT TH?NORTHEM BORDER OF THE PROPERTY HEREIN CONVEYED. E • 11 Dcllve IHG DUUIHLKN PART OF THAT CERTAIN PIECE OR PARCEL OF LAND WHICH THE FIRST PRESBYTERIAN CHURCH OF CARLISLE, PENNSYLVANIA, BY DEED DATED NOVEMBER 25TH, 1952, AND LEFT FOR RECORDING THE SAME DAY, GRANTED AND CONVEYED TO .V. AHL AND HELEN R. AHL, HIS WIFE, (RANTORS HEREIN. AND THE SAID GRANTORS, DO HEREBY COVENANT AND AGREE TO AND WITH THE SAID GRANTEES, THAT THEY, THE GRANTORS, THEIR HEIRS, EXECUTORS AND ADMINISTRATORS, SHALL AND WILL WARRANT GENERALLY AND FOR- EVER DEFEND THE HEREIN ABOVE DESCRIBED PREMISES, WITH THE HEREDITAMENTS AND APPURTENANCES, UNTO THE SAID GRANTEES, THEIR HEIRS AND ASSIGNS, AGAINST THE SAID GRANTORS, AND AGAINST EVERY UTHER PERSON LAWFULLY CLAIMING OR WHO SHALL HEREAFTER CLAIM THE SAME OR ANY PART THEREOF. IN WITNESS WHEREOF, SAID GRANTORS HAVE HEREUNTO SET THEIR HANDS AND SEALS THE DA.YAND YEAR FIRST ABOVE WRITTEN. SIGNED, SEALED AND DELIVERED P.V. AHL (SEAL) j IN THE PRESENCE OF HELEN R. AHL (SEAL) HENRY L. STUART, AS TO BOTH STATE OF PENNSYLVANIA I COUNTY OF CUMBERLAND 0SS; ON THIS, THE 25TH DAY OF NOVEMBER, 1952, BEFORE ME, THE UNDERSIGNED OFFICER, PERSONALLY AP- PEARED P.V. AHL AND HELEN R. AHL, HIS WIFE, K.NL4?N TO MIR (OR SATISFACTORILY PROVEN) TO BE THE PERSJjNS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT, AND ACKNOWLE6GED THAT THEY EXECUTED THE SAME FOR THE PURPOSES THEREIN CONTAINED. IN WITNESS WHEREOF, I HEREUNTOuSETMY HAND AND OFFICIAL SEAL. f C. HENDERSON HUMRICH ( l DEPUTY RECORDER OF DELDS-CUMBERLAND CAUNTY,PA.? MY COM EXP THE FIRST MONDAY OF JANUARY 1954 I DO HEREBYCERTIFY THAT THE CARLISLE, R.D. #5, PENNA. IOVEMBER 25, 1952 HENRY L. STUART E G ATTORNEY FOR GRANTEES N0. 22555 -------------------- ?------------------------_--------------------------------------- ur n c I THIS INDENTURE, DEED E. •" $1.10 m R r62 MAR MADE THE 12TH DAY OF NOVEMBER IN THE . MARY A. BEST ET VIR ?, ii:It.ALR_.• I 11/25,/52 4iI25I52 YEAR OF OUR LORD ONE THOUSAND NINE HUNDRED TO ?,,.,I - - - -? ROBERT H. GALBRAITH ET UX AND F I FTY-TWO BETWEEN MARY A. BEST, IN HER RIGHT, AND RAYMOND E. BEST, HER HUS- coNS. $562.00 BAND, OF THE BOROUGH OF CAMP HILL, CUUNTY OF CUMBERLAND AND STATE LOC. MIDDLESEX TWP. 4 OF PENNSYLVANIA, PARTIESOF THE FIRST PART, GRANTORS, AND DATED NOVEMBER 12, 1952 4 ROBERT H. GALBRAITH AND MARY E. GALBRAITH, HIS WIFE, OF THE ENTD. NOVEMBER 25, 1952 BOROUGH OF CARLISLE, CI,UNTY OF CUMBERLAND AND STATE OF PENNSYLVANIA, TIME 2:35 PM 4 PARTIES OF THE SECOND PART, WITNESSETH, THAT THE SAI PARTIES OF THE FIRST PART, FOR AND IN CONSIDERATIONOF THE SUM OF PRECI,,E RESIDENCE OF THE WITHIN NAMED GRANTEE IS • • ;PL Al. EXMIB Ii II y { ? , P V AH ( (1 • , r t,:i R . i l)` r 'I L) ! lc Ff(` ST7,7.P r' rii7 nj L - n1 ., . ?i t i r. the l i 1? .',iii l"i ,. 1_ i {. ..: r: •' . ' c',;'; c `. ! '"l:r! i" C?i'ta T) rt of 7 •n ,vl. 1• Urn 1 and s i tuaK- !, _. _ • .1:•.i' . T, , [ nhe 1 rinA ena.- - _ n_ l r j 1: •1 Oe-rcew Wes 0 60 _- L' more or less , from d-r ct- E? !-!.e York i decrees O%st 1033 Fort ` farid .row l'• Cdr L.. `. ,' Morin, _;out'! ?`. i](` _c,, 2r 0, _ thence- by the 4.'g.`r, °,7L-rth d ,. 'r East 0717'1 i -,2`_-., _To-rc-, or __se to a ?cint; thence in an EpA nnrl- Arection by QV now or formerly of ':h,-ir• `s ':.. P ` "!c'_ anh RAn': a K_ :1 yder, his i wife, ^!.._ feet nor e or Lt'.., to ip , 10ce o P. r', i•, :r. J, deed c:at( (i o'ei ix, IM , and recorded in Li? lnii_ce ',1: t !e ecoxrd r of !) iec!5 o r Cumberland ^ou'at`• ",n Dee' gook i n.,.:,i. hr-iro :nc " bet. Munro, as ;I C)'%ner S in Es simple, c!0mve1 eye II Li,! o r L`r j.n sa L n, :- na-i art I - in'z r a, ' Lo ?_ .'1.yd -2 FLrriC it ce har,--c__ .. 3 ;r ,a_ 4, ?.. iple. rC-_ Ai`1_: died an c ^;'`P.?- 19, _LAS and S. j i ce i II ?.. .. .,_.'C7 i-1.. I?C'. .:' ,.°-ir -.'?4'. ". .? ?, I_ .?, "-r! _ ,n T.,•-1?.? _u t - I '?O1'`_LCE- '01' 'L i1 P_ r•?.._ L"???_:' _ t' r•;- i? .1•,??C -O..P:. "ilLti:' ?Tl T???_: . rr-zi, c ?? 0 r iIF'•( r:. r.. , _. ,.. L.r .-]-1.c- i .il!„i_I?lt;, cat L'0 C_ P re .., r'i -.'f.l.ri an r„r..rc'.l ! (r nr., r', U. i-I r , 'C' r. C. elrli Or L'_ -ID _{ 1 _^.nLJI also knar i ., the First r'r_, ? _ tct ' nn Tirci? oi- < r! s' e ? ?•I ? ' II v'4Li.i, .., in 1. _. -- Amp! 1^, conveyed s,._ d land , inter _.....U, to i; . .4a I• • li `. 6. .TOSLD)'1 .?.. ?il.il'LY'G C'17.2J on ?C('.Lr.1,')`lr 17 1_9 Zi nCl t'L.fttllt].F- I C;O i"'• t l-Tl!-)d t}U' ?.rl[?l"Lt'. { or whe:r1(?bOLlf'.S Of Iii !f') S nC ci_.." j! !. rsf:the.ll,-.,, ?4. Munro died on Scz., .',.tuber 1`_'-, L8 -1 'nil l ' r 1 (..5 y iv ! 7 ni 1. 1-J ? i 1 ' 1:' 1f14?.._. ?i..ete;c.JOl1r..5 f) i. fl 6' .. !''1 al.i?t: '!. f Ct U'd3 not i:?:1C or C•.l S.lnce OTr(am ber' 2.5, 1.9' 9 and cr)ntLiZl10L131V Lo ih.e L'. te, P hps m^?.n??ir_?d acta.a?_, exchis--' %e, 1!f)^C.] c, and, ;271)1;:' C,n11t1'p1. and -,)n.Ssess'. cT' S''.ii1 trccL n.i= l ,;d hj1 [t tc _ll:ff i. -n .^.1-!d leaslllf! to the ex.c)..'_Lsion Vii: arncl aII ? 1 nthLc,r no,rsons ;. `. ;_1-gin 6?>ill dic:,C1' on Dec ember 3, }::)%?i. and her lfli2r....it i>Z :i;l.!.•':. 2'?.i o?':rt v ,•r?S1=?°_C2 1T1. Pl -'1^tilf ^,S SLY'L" -tt'a . '- r t'.rc is i ", i....., P1:11;n Li f r) ra s c:ou.r !-lonoralb e Curt i)U^_°SU%?nr to "CT"O"s Lvan. ..n Lallcs of C1 v',.1 procedLira i`T05. LQ1F an(..':. 10' 76 _i c,Ii1? ?Ve:j " ? e n'1 'f ,::'` and Isabella tti'., '11r1.Y'O their iaf'irs Zinc! aS igrg y i i 1.) )cr .1.0):-,2 v = i?).)."T"1d =Y":)t 2;SeT'I1I112, ai.v ic-ht lien , title or Inter- ill ScLid lDrope1ty ,.nconsi..Stent T.•:i_ ' 1 me _7nter2St o i'i -1it-Ut t SPi: _Q:?it1 rli?,Te, L'T11eSS J )Seht1 1, ':'_llill'Q PC ZSab-all T..'. or Ii i-'-?^.._r, _Lcirs or assi-ns, cmv..merice an <ticticm -F _?eCtmant a-;F-in.st h i i 1? r -0,i QTlo> < ^ i e r'^„rt i!12'y% :-Lilo;.; -P ! '"1 a J_ t^:. Lll_a rot%:ce. as S?Otr. Honorable. Col rt \ ' ?C: ?. Jam. - To;! H 1,=:ie'LSch. !>•.t'InY'?lC_?: 'i:Qi' 1'l.S]_?l'r7_i'.1" 0 J. 1 I. • • :I P V, AIIL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW vat . NO, 91 SEPTEMBER TERM 1974 JOSEPH I.'MUNRO and ISABELIA W. MUNRO, THEIR ACTION TO QUIET TITLE HEIRS AND ASSIGNS, „ Defendant I' DECREE OF COURT AND NOW, July 16th, 1974, at 16:30 o'clock, A.M., E.D.S.T.,, in Affidavit of Service of the Complaint having been filed and . , no answer thereto having been made by the Defendants, or their heirs o i r, ass gns, the Court, upon motion of Tom H. Bietseh, Esq. , attorney for the Plaintiff, hereby enters judgment as prayed for and orders and decrees,,that.Joseph I. Munro and Isabella W. Munro, their_heirs•and assigns, or any persons claiming under or through them, be forever barred from asserting any right lien , , title or interest in or to all that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania bounded , and described as follows: BEGINNING at a point on the Western side of a lane 19 feet wide, said point being North 3 degrees West 60 feet , more or less, from the Northern side of the York Road; ? thence by the Western side of said lane, North 3 degrees I West 1033. feet, more or less, to a point; thence by land { now or formerly of Raymond J. Wiss and James A. Stone , South 78 degrees West 312 feet to a point; thence by the same, South 3 degrees East 1079 feet, more or less, to a point; thence in E an asterly direction by land now or for- merly of Charles L. Snyder and Rhoda K. Snyder, his wife ' , 312 feet, more or less, to the Place of BEGINNING; . inconsistent with the interest of the Plaintiff as set forth in his Complaint unless Defendants Joseph I M , , . unro and Isabella W. Munro, and their hairs and assigns, or any persons claiming under or through thee{{?,,, ??p{?M ence an Action of Ejectment against the Plaintiff wittJihi tt 91T Vd)lvda f h , ys rom t e date of the publication of the notice of this Decree once in The Evening Sentinel and n ? ? o ce in the CumberlaTk1°,rn ?Jh"?JAPk+tdnti•nal. A 6erehy certi sv u3a? ma that the Reddest $0330 d0 @3000034 ? and Past OH'ie ,l 00 3 Id30.0300By the Court, of within Grantee ie _ Clinton R. Weidner, -Grmlae.-se, Atts. August 27, 1974, The defendants having failed to commence an Action in Ejectment within thirty (30) days after July 26, 1974, being the last dat f ; e o Notice by publication of the Order of Court dated July 16, 1974. 2 A Praecipe has been filed in accordance with the Rules of ', - Court. 1 V \ ? .r ?TiYIP/'- Glenn R. Farner' Prothonotary 46uhT25 PACE r X83 .r 1, • eTMaw?m..t Pea A. d a01. . ? Reeoaaea•orne; or rxt • ?? ?? CItN10?rROLtNOCa??T rLNNi{1YANIA 1 NOV 8 12 ap FH'74 MADE TILE 3 +4 day o/ . September in as year of our Lord one thouesnd nine Aandnd seventy-f our (19.14). BETWEEN P. V. AHL,*also knosm as Parker V: Ahl, widower, of the BorouCh of Carlisle, Pennsylvania; C. C. DALLAS and BARBARA S. DALLAS. his wife 4937 Carlisle Pike, Mechanidaburg, Pennsylvania; H. R. DAVIS and LYIA L. DAVIS, his wife, of Boiling Springs, Pennsylvania; and ETHEI. V. MYERS, Administratrix.of the Estate of Ray R. Myers, late of Boiling Springs, Pennsylvania, hereinafter called . Grantor a; and RAYMND J. WISS and J91CS A. STONE, of the Borough of Carlisle, Pennaylvenia,'hareinafter coiled Granges a. • • ?J?U1 1 TwalYtp •..•.........: comb. Co„ Pa. 1 ?JL% 6.1 16144 ta.der Tn v 47. oat. .AM.:.?.. a'a - ,t,w cea. G: a41. CaL IVITNESSETII, 1W. in eonsUersfi a o/ Seven Thousand and 00/L00 ($7,000.00) Dolton, in hand paid, the receipt whereof is hereby a k-nowledged, As said graatore do hereby grant and convey to da said grantees. their heirs and assigns as equal tenants in common ; ALL that certain tract of Land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Western aide o£ a lane L9 feet wide, said point being North 3 degrees West 60 feet, more or less, from the Northern side of the York Road; thence by the Western side of said lane, North 3 degrees West 1933 fact, more or leas, to a point; thence by other land of the Grantees, South 78 degrees. West 312 feet to a point'; thence by the same South 3 degrees East LQ79 Beet, more or less, to a point; thence In an Easterly direction by and now or formerly of Charles L: Snyder and Rhoda K. Snyder, his wife, 312 feet, more or less, to the Placa•of BEGINNING. BEING the remaining portion of the property which was conveyed to P. V. Ahl and llelen R. Ahl, his wife, by the Trustees of the. Presbyterian Church in the Borough of Carlisle by deed dated November 25, 1952, and recorded in the office of the Recorder of Deeds for Cumberland County in Dead Book "Ell, Vol. 15, Page •125; and which Helen R. Ahl conveyed to Parker V. Ahl'by deed dated June 18, 1957, and recorded in the office aforcaaid in Deed Book "W1}, Vol. 17, Page 250. See also the Action to quiet Title indexed in the Court of Commas Pleas of Cumberland County, Pennsylvania, to No. 91 September Terns 1974, the final decree in which is recorded in the office afore- said in Deed Book 11T", Vol. 25, Page 583.. C. C. Dallas and It. R. Davis,-Joined by their spouses, and the personal representative of the Fatate of Ray R. Myers, deceased, Join: in this conveyance for the purpose of releasing any interest they might be deemed to have in the land herein described by virtva of any prior agreement of sale therefor. !'n LCti /L.^.r:7IEAtT i'C.: .Y.:ST:1.\r:u`, DEPAUMEN1 Of 441 6* Dist. Cumb. Co.. PA ? IaANSr11 b 7 .1 ht t. tu..a T a e-bo DN ..ol-r-2 34. ...... AM.. :.T.... . Boa V 25 ma 882. a UlJI? R 02!0412009 2:10:10 PM CUMBERLAND COUNTY InsL# 197403809 - Page 1 of 3 ., r.: i soil! warrant AND the said praaters hereby oesemat aua ofr'ee that they generally as property hereby eoaaeroL ' 1 IN 1yITNSSS W9jrjtWP, said grantors have heresate net their hands 481 18" the day and year Prof above wriftea.' tllee?? i0114 94 p,sen.l 1t?q? ?/I?n?emtr?sf Q • fl 1 uo ..:(SEAL) STATE OF PENNSYLVANIA : Ss. -1A (SEAL) o, COUNTY OF CUMIfERI.AND dim his rs rc o t Estate Ray R. Myers On this, the a'rGA?Uday of September, L974, before ma the undersigned o££icer,"pcrsonally appeared Ethel V. Myers, Administratr?x of the Estate of Ray a. Myers, deceased, known to me (or satisfactorily proven) to be the person whose name is subsgribod to the within instrument, and acknowledged 'that she exacuted the some in the capacity therein stated and for the purposes therein contained. IN WITNESS i•IIIERFOF, I hereunto set my ! nd and official hell,''"•y,%?; .., t.1f 11 _% s '•C? " ??ys Gar yt ll it c o ar; a4 . rr'?'s WrAaw MsM * f 11 ' 1. toll core" F& C&MkfW ON* Sfax a/ PENNSYLVANIA as. ' County Of CtZMERI.ANO i9 74, 6elore nte, On thin, the 3 day o1 September Ike asdemianed oDkar, pereonayy appeared P. V. Ahl, also known- as Parker V. Ahl, "dower, I! Aawwn tome (or rstiefaetority proven) lobe the person whoee saran is sisbsstjb e*piLta'Piiri-+: within instrument, and aeknosokdped thes he • weeded as ease for as contained. N iyl2'NSSS WBB1t60F, 1 Aereasfo ens +ny Iwsd and eplefat eyyoyyaf.??;'; • ! ';? . ?y ?rAC i O.M. crV ?. /?/f1 JCu.Ll k v xa L eEAfaEL am" logo %TWRWm Wnrr, c?auaL PA, 9Ytta of Odreet:,,;..,....•'. Yr Waaarnln WIEU IMvw :ny, INS ROX'q 25 I--GE 883 i 02104/2009 2:10.10 PM CUMBERLAND COUNTY Inst.# 197403809 • Page 2 of r • state of PENNSYLVANIA ae. Cormty of ' CO=RLAND On this, the q.t{,,, day of 5aptekbor , 1974 , were me, the understpned odtesr, pereomogy appeared C. C. Dallas and Barbara S. Dallas, his wife; ands 11. R. Davis and Lylo L. Davis, his wife, known to me for satisfactorily proven) to be the persons when im" are oubee!liait fq jJri'• :,;" ar q . within ineNament, and aeknotatedged that tAgr • • esocutod the same for the pus wi0h contained. ?? ? ?! IN WITNESS 1YdER60F, ! herouulo set my hand and o$ladal asst. x;'.u? • " S+. .01 ma. L NtrTllta. Notilly Fox wmttOWW COUNTY. Csuaa. ss. •?•"••••?.?• •?••• • - Title Y .. , YY CeYYnSSfaY 1fn1tS1A1?r1AYrl7lr? ? • A i rdo hereby arts y that th p?triJ?reeieMnao a" eornputo poet ostos addren o/ Use vrithix nsnted gsantn it Q. ?qh G? N it k :9Py ._... ?a? .. Attorney for ° i Q H ja z r ?6 s ? d a ? • COMMONW>sALTO OF PHURSYLVANIA, County of AF'A AAA M RaCORD,CD on this „.. _ ;&V of lid A. D. 19.77- in the Reeordoeo Odta1 of said County, in Deed Book Y VoL Page.._..?T - Given under my Frond and t f tks said ollfco thi date abow mnittem. Recorder. MIX V25 PACE 684 CUMBERLAND COUNTY fnst.# 197403809 - Page 3 of WrnArYM° 9.1n•14) PM iiialvl Fra! Iio r1I t Ii CHARLES L. SNYDER and RHODA K. SNYDER, ?laintiffs VS. JOSEPH I. MRO and IMBELLA W. MUNRO, their heirs and assigns, Defendants PI o l ? 9 ?:? - ? _ I, N T''HE COURT OF COMMON PLEAS OF CUMBERLAND COUNIT , PENNSYLVANIA CIVTL DIVISION - LAW °?0. ; _i `r CIVIL, 1975 ACTION TO QUIET TITLE: NOTICE You have been sued in court. if you wish to deiead against the claims set forth in the following pages, you must take action withLn twenty (20)days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you.. You aro 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 aqy other claim or relief requested by the plaintiffs. You may lose gooney 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 UPS CANNOT AFFORD ONE, GO To OR TELEF401TE THE OFFICE SET FORTH BELOUT TO FIND OUT VU HIRE YOU CAN GET LEGAL HELP. Court Administrator., Third Floor Cumberland County Court xtousc- Carlisle, Pennsylvania Telephone: (717) 249-1133 COr>ULA irr'P 1. Plaintiffs, Charles L. Snyder and Rhoda K. Snyder, are individuals residing in the Township of Dickinson, Gumberiand County, Pennsylvania. 2. Plaintiffs are in possassion of all that certain tract of farm land situate in Dickinson Township, Cumberland County, Pennsyl- vania, bounded an i described as followg : Uv 0fi iU:4Gai!'I Frdril io r1I F a? d Ilr..l `j '': F'. BEG11NTNG at a corner being the intersection of the north line of the York Road and the western line of a lane 19 feet wide; thence by the western line of said lane north 3 degrees crest, 60 feet, more or leas, to a corner post of a fence; thence by land now or formerly of P. V. Ahl et ux, of which this lot of ground was a part, in a westerly direction along a fence line, a distance of 312 feet, more or leas, to a corner post of a fiance: tbAnce by other land now or formerly of n. V. Ahl et ux, South 3 degreeR east, a distance of 86 feet, more or less, to the northern line of the York Road; thence by the northern line of the York Road north 65 degrees east, a distance of 333 feet to the western line of said lane, the place of beginning, the same being improved with a frame dwelling house and various outbuildings. Together with the right of ingress, egress and regress to the arentesa, their heirs and assigns in, on and over the said lane along the eastern border of the property herein conveyed from the said York Road to a point at the northern border of the property herein conveyed. 3. By deed dried November 29, 193") and recorded in the office of the Recorder of Deeds for Cumberland County in Tleea Book "K", f Vol. 11, Page 142, .3osenh T. t,unro and Isabi?lli :,i. Munro, V.g owners in fee sfr,?,le, conveyed a life estate in said Pronarty, inter alia, to J. Clyde Barria? and S. Alice Barrtck, his wife, 4, J. Clyde Borrick died on October 19, 1948, and S. Alice Barri.ck died on October 12, 1952- 5. By deed dated November 25, 1.952, and recorded to the office of the Recorder of Deeds for C+--bsr.taa:t CoTinty {n Detect fiook Vol. 15, Page 125, the T:^ustees of the Pre.abyrerlon Church in the Borough of Carlisle, and ;.n the Count ;l a` L??mHerlan.d, also Irnown as the First Presbyterian Church of Carlisle, 3enasyl.van,.a, as owner in fee simple, conveyed said land, inter alia, to P. V. Ahl and Helen R. Ahl, his wife. -2- DP: JUOj IU 46Aivl :. 6. By decd Oxt(Id "love"ker '74, 1952, and recorded in the office of the Recorder of. Deeds for Cun`cr1.= td County in. Deed Book "E", Val, 15, Page 126, P. V. Ahl, and Helen R. Ahl, his wife, as owners in fee eiWle, conveyed said property, inter alia, to Charles L. Snyder and Phada T. 3nydor, his wife. 7. 3asep`.? I. Kliro died on -;ccember 17, 1934, and Plaintiffs do net knew the iderxtity or wA2c ,?ouCS of ;1-.s bears cr a.si )ts. 8, issbolla 6i. Mun.ro died on September 15, 038; end Plaintiffs do not known the i.denri.ty or whereabouts of her heirs or assigns. 9. g;.'ice Novemrer 25, 1952, and continuously to the present tine, Plainti -?E:3 have einFd actual, exclusive, hostile and visible control and possession of said tract of land by fenctrg, farming attd leasing, to the exclusion of Pefendaata and all other parsons. wgEREFoRr, Pinintifffs pray your fronerable rOu,:°t, pursu?nt to Pennsylvan"n Rules of. N'r-I ProcP.du e NOS. 1016 and 3.066 I'nclu.,l.ve, that Tosepli T. Munro and Ccabel3a Z'. VVmro, th,etr hairs 8nd a'Rr L'tta, be fore*rer barred 6ron as°ert,ing any right, lien, title or interest in said property inconsi.8tent with the interest of Plaintiffs set forth above, nnteAi Joseph i. Munro and lgsbel.la W. ninto, or thel.r heirs or arraigns, commence on Acti.nr. of Ejectment against the Plaintiffs within such time as your -onorable Court may allow and after such notice as your Honorable Gcmrt may direct. T,' , - .lid'.( -- .. ..:1_ ._ . /?? :yam ,j:,?r,?•.t:.. ?i'. George' H. Stuart Attorney for Plaintiffs -3- Dec 2008 10:46AM Fla,lliIlI-I r eal ?siat ?arlisie PIa-IJ5 It 4 STAE OF PMSYLVAIU ;SS COUNTY OF M%ERLAND C9ARLES L. SNYDER end RHODA K. SmIDER, his wife, being duly sworn according to Isv, depose and state that they are the Plaintiffs in this Action tD Motet Title; and that the facts set forth in said Complaint are true where Lmede upon persom-? ;?rsc+°?'ledge; and that he believes them to be true where made upon informtion received. r, Rhoda K. Snyder ' Sworn to and subscribed before me th13 /,` 'day of 4 L44 Goo --- - -8 1975., Notary Public r Car isle, Pa. My Commiasiora Expires March 5, 1973 • • • C',ARLES L. SNYDER and -10^,A V. SNYD'iR, I'' inti Us Vs. JOSEPH I. MUNRO and ISABELLA W. MUNRO, their heirs and assi.gr.s, Defendants IN TY-E COURT OF COMMON PLEAS OF CUMBI'RIAND COUNTY, PEA'NSYI.VANTA CIVTL D"MISION - LAW NO. 153 CIVIL, 1976 ACTION ,0 QUIET TITLE. DECREE OF COURT AND NOW, March 1976, at .3 o'clock, M., an Affidavit of Service of the Complaint having been filed, and no answer thereto having been made by the Defendants, or their heirs or .isigns, the Court, upon motion of George B. Stuart, Esq., attorney 1 for `he Plaintiffs, hereby enters judgment as prayed for and orders and decrees that Joseph I. Munro and Tsnbella W. Munro, their heirs one, assigns, or any persons claiming under or through them, be forever hnrred from asserting any right., lien, title or interest in or to all that certain tract of land situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at n corner being the Intersection of the north line of the York Road and the western line of a lane 19 feet wide; thence by the western line of said lane north 3 degrees west, 60 feet, more or less, to a corner post of a fence; thence by land now or formerly of P. V. Ahl et ux, of which this lot of ground war a part, in a westerly direction along a fence line, a distance of 312 feet, more or less, to a corner post of a fence; thence by other land now or formerly of P. V. Ahl et ux, south 3 degrees east, a distance of 86 feet, more or less, to the northern line of the York Road; thence by the northern line of the Lhrk Road north 65 degrees east, a distance of 333 feet to the western line of said lane the place of beginning;, the same being improved with a frame r'.welling, house and various outbuildings. PAU J s._ T,Qgether with the right of ingress, egress and regress to the Grantees, their heirs and assigns in, on and over the said lane along the eastern border of the property herein conveyed from the said York Road to a point at the northern border of the property herein conveyed; inconsistent with the interest of the Plaintiffs as set forth in their Complaint unless Defendants, Joseph I. Munro and Isahella W. Munro, and their heirs and assigns, or any persons claiming under or through them, commence an Action of Ejectment against the Plaintiffs within thirty (30) days from the date of the publication of the notice of this Decree once in The Evening Sentinel and once in the Cumberland Law Journal. By the Court, • J. May 11, 1976, the Defendants having failed to commence an action in Ejectment within thirty (30) days after April 2, 1976, being the last date of notice by publication of the Order of Court dated March 23, 1976. A Praecipe has been filed in accordance with. the Riles of Court. Glenn R.`Farmar; •,Prothon;atary iii. i.?fu,4' •i ? 17013 W + U e. , • • • d a O w a H F z w W O ? r?1 z? o? H 0 w .; 00 M y w N ? w DO M 00 all N l? ~ Z ? O N ? i Q O o? o ? Q 00 ? PLAINTIFF'S EXHIBIT 0 0 0 PLAINTIFF'S EXHIBIT 0 0 CJ PLAINTIFF'S 'HINT r 4. Y ask PLAINTIFF'S EXHIBIT PLAINTIFF'S EXHIBIT 17 e. •R V ? PLAINTIFF'S EXHIBIT PLAINTIFF'S EXHIBIT PLAINTIFF'S EXHIBIT PLAINTIFF'S EXHIBIT -?Zu - 1181HX3 N Wm Z= aX J W a ,.,./?? l PLAINTIFF'S EXHIBIT 10 ? 0 9 w "nH ,y, - ?sY a..??-rr' .9th ,,,,•,? ?*IIF' ?'.l? 4 ? ) y t M t a PLAINTI FF EXHIBIT di`-Z -- • 0 0 0 PLAINTIFF'S EXHIBIT N LL Z= -X W Ammom • 0 • 0 PLAINTIFF'S EXHIBIT -3-(W- • • 0 PLAINTIFF'S EXHIBIT • I 11111?NS?SS '` ' ry ? '? 4 r( f! n ` ? .y r! ? u t P? ? : le r ' PLAINTIFF'S EXHIBIT -4110 0 • • E PLAINTIFF'S EXHIBIT 0 ciecc 011tE- +I E- ?nx-AG".)04 .P,016 M.17-y Y PM A4 .17 l??sy ?vSvt?. DOUGLAS LAW OFFICE 43 W. SOUTH ST. L?yy, W ILLIAM P. DOUGLAS, ESQ. CARLISLE PA 17013 ?t Supreme Court I.D.# 37926 TELEPHONE 717-243-1790 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................................................. eeegan and Audrey R. In the Court of Common Pleas of Keegan Cumberland County Pennsylvania Plaintiff 2008 Civil Term 4939 vs Anne M. Cox Civil Action Law .......................................................................................................Defendants Jury Trial Demanded .............................:....................................... .....................................................: Defendant's Motion for Post Trial Relief AND NOW, comes the defendant, Anne M. Cox, by her attorney, William P. Douglas, Esq., and hereby respectfully moves: 1. On April 27th, 2010, an Order of Court and Verdict were signed by the Honorable Richard K. Renn, effectively removing a strip of land from the property of the defendant. Measuring approximately 18.48 feet in width and 875.77 feet in length, this strip was first described as a lane 19 feet wide in a deed granting a life estate to Clyde Barrick and his wife in 1933. 2. The defendant presented exhibit 11 at trial which contained the deed history to the Cox tract of land and those documents established that all the property, which is the subject of this suit, was owned by John S. Munro beginning March 28, 1904 up until his death in 1907. 3. The defendant further established that all the property in question was inherited by the heirs of John S. Munro. Said heirs continued to hold title to all the property in question, and the unity of ownership continued, until 1920 when the first transfer out was made. 4. The defendant testified that she located a pin which she believes marks the northeast corner of her property and consistent therewith is a fence erected by her neighbor on the eastern side of her property. There is no evidence of a boundary dispute on the eastern side of her property. 5. The last names in the chain of ownership of the Cox tract are: Munro Munro heirs McCoy Morrison Whitmer Cox 6. The last names in the chain of ownership of the Keegan tract are: Munro Munro heirs Barrick Ahl Presbyterian Church Wiss Stone Pryzbyl Keegan 7. The learned Trial Judge erred in Conclusion number 2 in not finding as a matter of law that the facts as established at trial indicate that the title of Mrs. Cox is senior to the title of the plaintiff which is junior due to the fact that the Munro heirs conveyed to James McCoy (Cox chain) before the life estate to Barrick was deeded out and the deed transfer of title to Ahl took place. 8. The plaintiff called Eric Diffenbaugh to testify in this matter. 9. Eric Diffenbaugh testified that he could not identify who placed any of the metal objects he located to prepare his testimony and he further testified that he did not locate any historic boundary markers. Diffenbaugh testified that he never looked for any markers indicating what is the eastern boundary of the Cox property. What Diffenbaugh did testify to was he looked at boundary markers of unknown origin in the roadway and on the western side of the Keegan tract which he used to determine where he thought the eastern boundary was located. This is an insufficient factual basis upon which to formulate an opinion and the learned Trial Judge erred in permitting him to testify as to the location of boundaries and lanes. 10. Eric Diffenbaugh, when asked if he determined the location of the eastern boundry line of the Cox property to which he responded that he did not care and/or it did not matter what the location was. When asked if he did any measurements from the marker depicting the eastern boundary line of the of the 19 foot lane and marker found by Mrs. Cox located at the northeast corner of the Cox tract and he said he did not and it didn't matter what the width of the Cox tract was for him to make his determination. 11. The plaintiff requested to the court to find that senior rights do not exist as a conclusion of law which resulted in a error of law on the part of the learned Trial Judge. 12. The plaintiffs misled the court into believing that the boundary lines of the property of the defendant is not relevant to establish the location of the 19 foot farm lane. 13. The first property to be transferred out of heirs of John Monroe transferred property to James McCoy in 1920 and said deed was recorded on October 21St 1920. 14. The plaintiffs further misled the court into believing that, historically, the eastern boundary line of their property was a straight line when it had not been since at least 1904 when John Munro purchased an additional 3 arcres adjoining his farm. In reality the boundary line of the Monroe farm was not a straight line but was rather made up of several segments described in the deeds of adjoining property owners. 15. The learned trial judge erred, in permitting and accepting the testimony of Eric Diffenbaugh as it was not credible. Due to the fact that the deeds out of the Munro heirs to Barrick and Ahl clearly describe that the eastern boundary line as being determined by the location of the boundaries of the adjoining properties (which controls over course and distance contained in the Barrick and Ahl Deeds) and due to the fact that specific reference is made to the property conveyed to James McCoy as being one of those adjoining record boundary markers. The plaintiffs must be bound by the junior position of their title chain and cannot determine their own property boundary without first determining the location of the McCoy/ Cox eastern boundary. 16. Mrs. Cox testified that she located a pin, of unknown origin, in the northeast corner of her property and when measuring the northern boundary line from the pin she located to the location of the marker in Exhibit 31, it is clear that the marker located in exhibit 31 is the eastern side of the farm lane and 19 feet short of the property boundary described in her deed as being 9.5 perches. 17. It is the position of the plaintiff that the facts indicate that the 19 foot lane was transferred to James McCoy in 1920 by the heirs of John Munro. 18. It is the position of the defendant that her property line is what has been described as the western side of a 19 foot lane. 20. Diffenbaugh testified that he did know who placed the markers he found in his effort to determine the boundary of the Keegan property. 21. In is the position of defendant Cox, that the property of James McCoy (Cox predecessor) is a record monument to the property sold to Ahl (Keegan predecessor) and a call in legal description to adjoining property owners takes precedence over metes and bounds. 22. All property transferred to the predecessors of Keegan after 1920 were consistently described as beginning at a point on the western boundary of a 19 foot lane and in said legal description never was it claimed that they owned anything east of said western boundary. WHEREFORE, the Plaintiff respectfully requests that the Order and Verdict dated April 27, 2010 be modified and/or vacated and a new trial granted, and/or the Court reconsider, rehear and/or permit reagrument to determine the true boundaries in this case and/or an Order be enter in favor of Mrs. Cox that she is the owner of the 19 foot lane. Respectfully submi \NRP'NL---v _'. William P. Douglas, Attorney for the Pla: May 7, 2010 FILED-4"',; ' i )F Pc F ?; .. 7 ,,n.:RY y; 2010 MAY 24 AN 10: 23 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Christopher J. Keegan and Audrey R. Keegan, Plaintiffs VS. Anne M. Cox, Defendant APPEARANCES: Michael A. Scherer, Esquire Counsel for the Plaintiffs William P. Douglas, Esquire Counsel for the Defendant ORDER SCHEDULING ORAL ARGUMENT ON POST TRIAL MOTIONS AND NOW, this 19th day of May, 2010, the Court hereby schedules Oral Argument regarding Post Trial Motions, filed by the Defendant, to be heard Tuesday, June 22, 2010, at 11:00 a.m., in Court Room No. 9 of the York County Judicial Center, 45 North George Street, York, Pennsylvania. The Court has schedule one (1) hour for this argument. Briefs in support of the respective parties' positions shall be filed June 11, 2010. The Prothonotary of Cumberland County, Pennsylvania, shall provide a copy of this Order Scheduling Oral Argument to counseja?eco?r? J44kNO. 2008 Civil Term 4939 02?'?? ^,.it L EaL S'. tiev Civil Action - Law Post Trial Motions =eyj ', I I CHRISTOPHER J. KEEGAN and AUDREY R. KEEGAN Plaintiffs V. ANNE M. COX IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-4939 CIVIL TERM CIVIL ACTION - LAW Defendant PRAECIPE TO WITHDRAW AS COUNSEL cn TO THE PROTHONOTARY: Kindly note my withdraw as counsel for the Plaintiffs, Christopher J. Keegan and Audrey R. Keegan. The Plaintiffs shall be represented exclusively by Stephanie Carfley, Esquire, who has previously entered her appearance for the Plaintiffs in this matter. Respectfully submitted, BARIC SCHERER v Date: Michael A. Scherer, Esquire I.D. 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 CERTIFICATE OF SERVICE I hereby certify that on June 8, 2010, I, Andrea M. Ramos, secretary at Baric Scherer, did serve a copy of the Keegan Memorandum of Law, by hand delivery, to the party listed below, as follows: William P. Douglas, Esquire 43 West South Street Carlisle, Pennsylvania 17013 Stephanie Carfley, Esquire Barley Snyder, LLC 126 E. King Street Lancaster, Pennsylvania 17602 Andrea M. R mos CHRISTOPHER J. AND AUDRY R. KEEGAN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS ANNE M. COX No. 2008 Civil Term 4939 Civil Argument York, PA, Tuesday, June 22, 2010 Before the Honorable Richard K. Renn, President Judge APPEARANCES: STEPHANIE CARFLEY, Esquire N Q For the Plaintiff rn R, T, WILLIAM DOUGLAS, Esquire C-11 For the Defendant `s-'` _ Fri 1- O R D E R And now, this 22nd day of June 2010, the court has this matter before it on post trial motions filed by the Defendant in this matter. Counsel have ably presented their respective positions. we've considered the brief that's been filed. Upon consideration of the respective parties' positions, we hereby deny the request for post trial relief. we direct that a copy of this order shall be sent to counsel for the parties. 1 w • , RY THE MIIRT- Re: Keegan v. Cox No. 2008 Civil Term 4939 bin - 6/22/10 ??IF-S mig-lt? A?4y w . ? s A44,( 9. e.-,ACl (? ?2s f to ZI 2 President Judge a DOUGLAS LAW OFFICE 43 WEST SOUTH STREET CARLISLE PA 17013 TELEPHONE 717.243-1790 WILLIAM P. DOUGLAS, ESQ. Supreme Court I.D.# 37926 ;.........._ ................. _..._._.._........................_.__.__...-....__.._...._...........-._....._.. _ .._........-.... C stop er J. Keegan and Audrey R. In tie Court of Common Pleas of Keegan York County Pennsylvania Plaintiffs 2008 Civil Term 4939 vs Anne M. Cox Civil Action Law Defendant ._.J..Trial Demanded _..._._- _............................ _._.._....... _.._........... _. .... _......... _ ........... ....... __........._- _.._.......................... _._..._....... _.. 7? Notice of Appeal. Notice is hereby given that the Defendant, Anne M. Cox, hereby appeals to the Superior Court of Pennsylvania from the Order dated June 22, 2010 and entered in this matter on the 25th day of June, 2010. This order has been entered on the docket as evidenced by the attached copy of the docket entry. Pursuant to Pa.R.A.P. Rule 1911 the official court reporter is hereby ordered to produce, certify and file the transcript in this matter in conformity with Rule 1922 of the Pennsylvania Rules of Appellate Procedure. n' William P. Dou as, Esq. July 23, 2010 Attorney for the D dant W.oo,d.a,-'; *4 ?s?? 15274507222010 Cumberland County Prothonotary's Office Page 1 PYS510 ' Civil Case Print 2008-04939 KEEGAN CHRISTOPHER J ET AL (vs) COX ANNE M Reference No... Filed......... 8/18/2008 Case Type...... COMPLAINT Time.......... 11:21 Judgment...... .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments --- ---------- Higher Crt 1.: Higher Crt 2.: ******************************* ************************************************* General Index Attorney Info KEEGAN CHRISTOPHER J PLAINTIFF CARFLEY STEPHANIE 639 WEST OLD YORK ROAD CARLISLE PA 17015 KEEGAN AUDREY R PLAINTIFF CARFLEY STEPHANIE 639 WEST OLD YORK ROAD CARLISLE PA 17015 COX ANNE M DEFENDANT DOUGLAS WILLIAM P 631 WEST OLD YORK ROAD CARLISLE PA 17015 ******************************************************************************** * Date Entries ******************************************************************************** - - - - - - - - - - - - - FIRST ENTRY - - - - - - - - - - - - - - 8/18/2008 COMPLAINT - BY MICHAEL A SCHERER ATTY FOR PLFFS ------------------------------------------------------------------- 8/26/2008 ACCEPTANCE OF SERVICE - COMPLAINT - BY WILLIAM P DOUGLAS ESQ ON BEHALF OF DEFT ------------------------------------------------------------------- 9/23/2008 DEFENDANT'S ANSWER AND NEW MATTER - BY WILLIAM P DOUGLAS ATTY FOR DEFT ------------------------------------------------------------------- 10/01/2008 DEFENDANT'S ANSWER AND NEW MATTER - BY WILLIAM P DOUGLAS ATTY FOR DEFT ------------------------------------------------------------------- 10/16/2008 REPLY TO NEW MATTER - BY MICAHEL A SCHERER ATTY FOR PLFF ------------------------------------------------------------------- 5/07/2009 PRAECIPE FOR LISTING CASE FOR JURY TRIAL BY - MICHAEL A SCHERER ATTY FOR PLFFS ------------------------------------------------------------------- 5/14/2009 O DER OF COURT - 5/18/09 - PRETRIAL CONFERENCE SCHEDULED FOR 6 I6/09 ATC4:0ESPMAIN CHAAMB0/S09OF UNDERSIGNED JUDGE - BY EDWARD E GU J - LED 5/2 ------------------------------------------------------------------- 6/18/2009 PRETRIAL CONFERENCE - BY EDWARD E GUIDO J - COPIES MAILED 6/18/09 ------------------------------------------------------------------- 7/14/2009 PETITION FOR RE ASSIGNMENT OF JUDGE - BY MICHAEL A SCHERER ATTY FOR PLFFS ------------------------------------------------------------------- 7/21/2009 ORDER OF COURT - 7/20/09 IN RE: PETITION FOR REASSIGNMENT OF JUDGE - THE CASE IS REFERRED TO COURT ADMINISTRATION FOR RE ASSIGNMEN - BY EDWARD E GUIDO J - COPIES MAILED 7/21/09 ------------------------------------------------------------------- 9/01/2009 ORDER OF COURT - 9/1/09 - THE HONORABLE RICHARD K RENN OF THE 19TH JUDICIAL DISTRICT IS HEREBY APPOINTED TO PRESIDE OVER THE ABOVE CAPTIONED MATTER - BY EDGAR B BAYLEY J - COPIES SENT BY COURT ADMIN ------------------------------------------------------------------- 1/14/2010 ORDER FOR PRE-TRIAL CONFERENCE IN CIVIL NON-JURY CASE - 1/12/10 - IN RE: CONF 2/3/10 ATE11 AMLIN CRE9EYORKSCOEJUDICCIALFCCENTER-45ANDGEORGENSTJ YORK PA - BY RICHARD K RENN PJ/YORK CO ------------------------------------------------------------------- 2/08/2010 ORDER PRELIMINARY TO NON JURY TRIAL OF CIVIL CASE - BY RICHARD K RENN J ------------------------------------------------------------------- 4/08/2010 PRAECIPE FOR ENTRY OF APPEARANCE FOR DEFT - BY STEPHANE CARFLEY ATTY FOR PLFFS ------------------------------------------------------------------- PYS511 Cumberland County Prothonotary's Office Page 2 Civil Case Print 2008-04939 KEEGAN CHRISTOPHER J ET AL (vs) COX ANNE M Reference No... Filed. 8/18/2008 Case Type...... COMPLAINT Time. 1.21 Judgment..... .00 Execution Date 0/00{0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: Higher Crt 2.: ------------------------------------------------------------------- 4/08/2010 PRAECIPE FOR ENTRY OF APPEARANCE FOR DEFT - BY STEPHANE CARFLEY ATTY FOR PLFFS ------------------------------------------------------------------- 4/12/2010 JOINT STIPULATION OF FACTS - BY MICHAEL A SCHERER ATTY FOR PLFFS AND WILLIAM P DOUGLAS DEFT ------------------------------------------------------------------- 4/15/2010 SETTLEMENT NARRATIVE WITH OFFER - BY MICHAEL A SCHERER ATTY FOR PLFFS AND STEPHANIE CARFLEY ATTY FOR PLFFS ------------------------------------------------------------------- 4/29/2010 ORDER OF COURT - DATED 4/27/10 - NON-JURY TRIAL HELD ON 4/15/10 - BY RICHARD K RENN PJ - COPIES MAILED ------------------------------------------------------------------- 5/07/2010 DEFENDANT'S MOTION FOR POST TRIAL RELIEF - BY WILLIAM P DOUGLAS ATTY FOR PLFF ------------------------------------------------------------------- 5/24/2010 ORDER SCHEDULING ORAL ARGUMENT ON POST TRIAL MOTIONS - 5/19110 - ARGUMENT REGARDING POST TRIAL MOTIONS FILED BY THE DEFT TO BE HEARD ON 6/22/10 AT 11:00 AM IN CR9 OF THE YORK COUNTY JUDICIAL CENTER - B PRESIDENT JUDGE RICHARD K RENN - COPIES MAILED 5/24/10 ------------------------------------------------------------------- 6/08/2010 ERAQECIPE TO WITHDRAW AS COUNSEL FOR PLFFS - BY MICHAEL A SCHERER ------------------------------------------------------------------- 6/25/2010 ORDER - 6/22/10 IN RE: POST TRIAL MOTIONS - BY RICHERD K RENN PRESIDENT J - COPIES MAILED 6/25/10 ------------------------------------------------------------------- 7/23/2010 PRAECIPE FOR ENTRY OF JUDGMENT ON THE ORDER AND JUDGMENT ENTERED BY WILLIAM P DOUGLAS ESQ - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beg Bal Pmts/Adj End Bal ******************************** ******** ****** ******************************* COMPLAINT 55.00 55.00 .00 TAX ON CMPLT .50 .50 .00 SETTLEMENT 8.00 8.00 .00 AUTOMATION 5.00 5.00 00 JCP FEE 10.00 10.00 . .00 PRAECIPE TRIAL 25.00 25.00 .00 SUBPOENA 6.00 6.00 00 JDMT 14.00 14.00 . .00 APPEAL HIGH CT 48.00 -------------- 48.00 -- - .00 171.50 - ------ --- 171.50 --------- .00 ******************************************************************************** * End of Case Information ******************************************************************************** FROM RECORD "US COreof? I hers unto set my h:a+d In Tes*nony W,s 'K St rlisls. Pa M?d the se, ? 0ar,,/ 20 3, day d prothonotary 1/6? CiiristopJier J. Keegan and Audrey R. -'Iri tie Court of Common Pleas of Keegan 3 York County Pennsylvania 3 I ! Plaintiffs! 4 ` 2008 Civil Term 4939 vs i i F Anne M. Cox Civil Action Law Defendant ?ur Taal Demanded , .___..__._.._......... __.._..._..... __ _ .___ .__._....._...........____ ....._ ._ ....._._.. J _____ _ .___ ___......... Certificate of Service I, William P. Douglas, Esq., hereby swear and affirm that on July 23, 2010, A true and correct copy of the Notice of Appeal was deposited in the United States Postal Service, postage prepaid, addressed to the following: Honorable Richard K. Renn Stephanie Carfley President Judge Barley Snyder LLC Court of Common Pleas 126 East King Street York County Judicial Center Lancaster, PA 17602-2893 45 North George Street Counsel for Plaintiffs York, PA 17401 J. Robert uk Deborah Romsberg Court Administrator Court Reporter York County Judicial Center York County Judicial Center 45 North George Street 45 North George Street York, PA 17401 York, PA 17401 Date: July 23, 2010 William P. glas, Esq. Douglas w Office 437926 43 We outh St. Carlisle, PA 17013 Tel. 717-243-1790 douglaslaw6mac.com Attorney for Defendant R! 1^ T Ir- - _ y`-I William P. Douglas, Esq. Supreme Court I.D. #37926 Douglas Law Office 43 W. South St. Carlisle, PA 17013 Telephone (717) 243-1790_ 2010 23 PM 3: 24 r17, 'stopf?er J. Keegan and Audrey R. In tie Court of Common Pleas of Keegan York County Pennsylvania Plaintiffs 2008 Civil Term 4939 vs Anne M. Cox Civil Action Law _ . Defendant': J Thal Demanded ....................._........_......'..............................._....................................................._...... Praecipe to Enter Judgment Dear Mr. Buell: Pursuant to Order of Court dated June 22, 2010 and entered on June 25, 2010 please enter judgment in favor of the Plaintiffs and against the Defendant. date: July 23, 2010 \-? 1 William P. Dougl s, Esq. Attorney for De dant /l/.Od "'t. 4 &*- 16- V3 04' Sys 1710 1001-&? 0-44 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Christopher J. Keegan and No.: 2008 Civil Term 4939 Audry R. Keegan, Plaintiffs VS. Anne M. Cox, Civil Action - Law Defendant r? Appearances: Stephanie Carfley, Esquire Counsel for Plaintiff T? - v William Douglas, Esquire Counsel for Defendant ORDER DIRECTING APPELLANT TO FILE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL t%- f AND NOW, this 27 day of July, 2010, having received on July 26, 2010, a notice that Defendant has filed an appeal in this matter, and pursuant to Pa.R.App.P. 1925(b), the Court hereby directs APPELLANT to file of record in this Court, and, concurrently with filing, serve on the undersigned Judge and all parties a concise statement of the matters complained of on the appeal. The statement shall be filed no later than TWENTY-ONE (21) days after the date of filing of this Order. Any issue not properly included in the statement timely filed and served pursuant to Pa.R.App.P. 1925(b) shall be deemed waived. The Prothonotary of Cumberland County is directed to provide notice of the entry of this Order to counsel for the parties and directly to any unrepresented party. THE COURT K. RENN, PRESIDENT JUDGE 815`° - ?? 2 COURT OF COMMON PLEAS NINETEENTH JUDICIAL DISTRICT YORK COUNTY, PENNSYLVANIA CHAMBERS OF RICHARD K. RENN PRESIDENT JUDGE July 27, 2010 Melissa H. Calvanelli, District Court Administrator Cumberland County Courthouse One Courthouse Square Carlisle PA 17013-3387 Re: Christopher J. Keegan and Audry R. Keegan vs. Anne M. Cox No. 2008 Civil Term 4939 Dear Court Administrator: JUDICIAL CENTER YORK, PENNSYLVANIA 17401 An Appeal has been taken to this Court's Order of June 22, 2010, addressing Post Trial Motions with regard to the above-captioned case. Please have the enclosed Order Directing Appellant to File Statement of Matters Complained Of On Appeal, issued July 27, 2010, filed with Cumberland County's Prothonotary. I sent copies of this Order to counsel of record. Your cooperation is greatly appreciated. RKR/gs Enclosure cc: Stephanie Carfley, Esquire William Douglas, Esquire President Judge r It V DOUGLAS LAW OFFICE 43 W. SOUTH ST. CARLISLE PA 17013 TELEPHONE 717-243-1790 Fl1,-CO-t?!-r r, T, r? nrtrY WILLIAM P DO( G(,AS. LSQ PEN "SYMM Supreme ( OW-1 1 J).;; 371)26 ....................................................................................................................................................................................................................................................................................: s Christopher 1. Keegan and Audrey R. In the Court of Common Pleas of Keegan Cumberland County Pennsylvania Plaintiff 2008 Civil Term 4939 vs Anne M. Cox Civil Action Law Defendants .....................................jury.... Trial Demanded ............................... .......................... ................................................................ Defendant's Statement of Matters Complained of on Appeal Pursuant to Pa.R.A.P.1925(b) AND NOW, comes the defendant, Anne M. Cox, by her attorney, William P. Douglas, Esq., and hereby respectfully presents: 1. On April 27`h, 2010, an Order of Court and. Verdict were signed by the Honorable Richard K. Renn, effectively removing a strip of land from the property of the defendant. Measuring approximately 18.48 feet in width and 875.77 feet in length, this strip was first described as a lane 19 feet wide in a deed granting a life estate to Clyde Barrick and his wife in 1933. 2. The defendant presented Exhibit 11 at trial which contained the deed history to the Cox tract of land and those documents established that all the property, which is the subject of this suit, was owned by John S. Munro beginning March 28, 1904 up until his death in 1907. 3. The defendant further established that all the property in question was inherited by the heirs of John S. Munro. Said heirs continued to hold title to all r the property in question, and the unity of ownership continued, until 1920 when the first transfer out was made. 4. The defendant testified that she located a pin which she believes marks the northeast corner of her property and consistent therewith is a fence erected by her neighbor on the eastern side of her property. There is no evidence of a boundary dispute on the eastern side of her property. 5. The last names in the chain of ownership of the Cox tract are: Munro Munro heirs McCoy Morrison Whitmer Cox 6. The last names in the chain of ownership of the Keegan tract are: Munro Munro heirs Barrick Ahl Presbyterian Church Wiss Stone Pryzbyl Keegan 7. The learned Trial Judge erred in Conclusion number 2 in not finding as a matter of law that the facts as established at trial indicate that the title of Mrs. Cox is senior to the title of the plaintiff which is junior due to the fact that the Munro heirs conveyed to James McCoy (Cox chain) before the life estate to Barrick was deeded out and the deed transfer of title to Ahl took place. 8. The plaintiff called Eric Diffenbaugh to testify in this matter. 9. Eric Diffenbaugh testified that he could not identify who placed any of the metal objects he located to prepare his testimony and he further testified that he did not locate any historic boundary markers. Diffenbaugh testified that he never looked for any markers indicating what is the eastern boundary of the Cox property. What Diffenbaugh did testify to was he looked at boundary markers of unknown origin in the roadway and on the western side of the Keegan tract which he used to determine where he thought the eastern boundary was located. This is an insufficient factual basis upon which to formulate an opinion and the learned Trial Judge erred in permitting him to testify as to the location of boundaries and lanes. . r , . 10. Eric Diffenbaugh, failed to determine the location of the boundary lines of the senior transfer of the Munro heirs (Cox title chain) which is necessarv to locate the junior transfer's (keegans title chain) property line separating the two parcels. 11. The plaintiff requested to the court to find that senior rights do not exist as a conclusion of law which resulted in a error of law on the part of the learned Trial Judge. 12. The plaintiffs misled the court into believing that the boundary lines of the property of the defendant is not relevant to establish the location of the 19 foot farm lane when in fact it is critical and the proof offer is inconsistent i.e. is the lane in question 8 feet or 19 feet in width and where is it located. 13. The first property to be transferred out of heirs of John Monroe transferred property to James McCoy in 1920 and said deed was recorded on October 215` 1920. 14. The plaintiffs further misled the court into believing that, historically, the eastern boundary line of their property (keegan title chain) was a straight line when it had not been since at least 1904 when John Munro purchased an additional 3 acres adjoining his farm. In reality the boundary line of the Munro farm was not a straight line but was rather made up of several segments described in the deeds of adjoining property owners. 15. The learned trial judge erred, in permitting and accepting the testimony of Eric Diffenbaugh as it was not credible. Due to the fact that the deeds out of the Munro heirs to Barrick and Ahl clearly describe that the eastern boundary line as being determined by the location of the boundaries of the adjoining properties (which controls over course and distance contained in the Barrick and AN Deeds) and due to the fact that specific reference is made to the property conveyed to James McCoy as being one of those adjoining record boundary markers. The plaintiffs must be bound by the junior position of their title chain and cannot determine their own property boundary without first determining the location of the McCoy/ Cox eastern boundary. 16. Mrs. Cox testified that she located a pin, of unknown origin, in the northeast corner of her property and when measuring the northern boundary line from the pin, she located to the location of the marker in Exhibit 31, it is clear that the marker located in exhibit 31 is the eastern side of the farm lane and 19 feet short of the property boundary described in her deed as being 9.5 perches. 17. It is the position of the plaintiff that the facts indicate that the 19 foot lane was transferred to James McCoy in 1920 by the heirs of John Munro. 18. It is the position of the defendant that her property line is what has been described as the western side of a 19 foot lane or if the plaintiffs are to be believed that her boundary line is 11 feet further west than found by the trial judge. 19. Diffenbaugh testified that he did know who placed the markers he found in his effort to determine the boundary of the Keegan property. 20. It is the position of defendant Cox, that the property of James McCov (Cox predecessor) is a record monument to the property sold to Ahl (Keegan predecessor) and a call in legal description to adjoining property owners takes precedence over metes and bounds. 21. All property transferred to the predecessors of Keegan after 1920 were consistently described as beginning at a point on the western boundary of a 19 foot lane and in said legal description never was it claimed that they owned anything east of said western boundary of said lane. Respectfully submitted, William P. Douglas, Es C6 Attorney for the Plamtd August 26, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Christopher J. Keegan and Audry R. Keegan, Plaintiffs VS. Anne M. Cox Defendant No.: 2008 Civil Term 4939 Civil Action Super. Ct. No. 1197 MDA 2010 Appearances: Stephanie Carfley, Esquire --_ ^' Counsel for Plaintiff William P. Douglas Counsel for Defendant Rule 1925 (a) STATEMENT IN SUPPORT OF DECIT `'•' ° -? > AND NOW this ) -7 day of September, 2010, this Court has before it an appeal of our order entered on June 22, 2010 denying Defendant's request for post-trial relief. This case is docketed in Cumberland County and was heard in York County. Notice of Appeal was docketed in Cumberland County on July 23, 2010. We directed Appellant to file a Statement of Matters Complained of on Appeal by our -1- order dated July 27, 2010. Defendant's Statement of Matters Complained of on Appeal ("Statement") was received in Cumberland County on August 26, 2010 and received in York County on August 27, 2010. Preliminarily we note that Defendant's Statement is nearly a duplicate of Defendant's Motion for Post-Trial Relief. No opinion was entered in conjunction with the Order of June 22, 2010, but oral argument was held on the post-trial motion and the reasons for this court's decision can be found in the record, specifically the Transcript of Proceedings of June 22, 2010, the Transcript of Proceedings of April 15, 2010, and the Order of April 27, 2010. We write briefly to address the issues raised in Defendant's Statement. Factual and Procedural History: This case arose from a dispute between neighbors over the ownership of a 19 foot wide farm lane("the lane"). Plaintiffs own approximately 29.7 acres known as 639 West Old York Road, Carlisle, Cumberland County, Pennsylvania 17015. (Joint Stipulation of Facts). Defendant owns a contiguous tract of land east of Plaintiffs' tract, consisting of approximately 3.045 acres and known as 631 West Old York Road. (Joint Stipulation of Facts). -2- Defendant took title to her property from Rodney and Mary Witmer by deed dated August 19, 1974. (Joint Stipulation of Facts). Plaintiffs took title on July 25, 2007 from Richard and Linda Przybyl. (Joint Stipulation of Facts). Plaintiffs and Defendant contend that they own the lane that is the subject of this case. Plaintiffs filed a Complaint in Cumberland County on August 18, 2008 to quiet title to the lane. Defendant's Answer and New Matter was filed on September 23, 2008. Plaintiffs replied to the New Matter on October 16, 2008. Plaintiffs filed a Praecipe to list the case for a non-jury trial on May 7, 2009 and a pre-trial conference was held in Cumberland County on June 16, 2009. At the pre-trial conference, the Honorable Edward Guido informed counsel for the parties of a friendship with one of Defendant's in-laws and advised that the case could be reassigned if requested by one of the parties. Plaintiffs requested a reassignment by Petition filed July 14, 2009. By Order of the Honorable Edgar B. Bayley of Cumberland County, dated September 1, 2009, this judge was appointed to preside over the matter. A pre-trial conference was held on February 3, 2010 and trial was scheduled for April 15, 2010 in York County. An Order was issued on April 27, 2010 finding in favor of Plaintiffs and declaring the boundary line between the properties to be as -3- depicted on the Subdivision Plan prepared by Eugene Hockensmith dated February 3, 1983. Defendant filed a Motion for Post-Trial Relief and brief in support on May 7, 2010. Defendant sought either a new trial, reconsideration, or an Order in favor of Defendant. Plaintiffs filed a response to the Motion and oral argument was held on June 22, 2010. By Order that same date, Defendant's request for post-trial relief was denied. It is from this Order that Defendant appeals. We discern two general issues in Defendant's Statement: 1) sufficiency of the evidence to support the verdict, including issues raised regarding Plaintiffs' expert; and 2) the legal issue of whether Defendant's title is "senior" to Plaintiffs' title and the legal effect of that on this case. Discussion: Under Pennsylvania Rule of Civil Procedure 227. 1, any party may file a motion for Post-Trial Relief after a trial. In this case Defendant filed a Motion seeking either a new trial, reconsideration of the verdict, or a new verdict. Rule 227.1 provides that: post-trial relief may not be granted unless the grounds A, therefor, (1) if then available, were raised in pre-trial proceedings or by motion, objection, point for charge, request for findings of fact or conclusions of law, offer of proof or other appropriate method at trial, and(2) are specified in the motion. Pa. R.C.P. 227.1(b). The decision to grant a new trial is within the discretion of the trial court. Harman v. Borah, 756 A. 2d 1116, 1121 (Pa. 2000). When a party seeking a new trial raises issues involving errors in the Court's findings and/or conclusions of law, there is a two-step analysis the Court utilizes: [f]irst, the trial court must decide whether one or more mistakes occurred at trial. These mistakes might involve factual, legal, or discretionary matters. Second, if the trial court concludes that a mistake (or mistakes) occurred, it must determine whether the mistake was a sufficient basis for granting a new trial. Donouge v. Lincoln Elec. Co., 936 A.2d 52, 68 (Pa. Super. 2007). Additionally, "[a] new trial is not warranted merely because some irregularity occurred during the trial or another trial judge would have ruled differently; the moving party must demonstrate to the trial court that he or she has suffered prejudice from the mistake." Id. Concerning a weight of the evidence assertion, "[a] new trial based on -5- weight of the evidence issues will not be granted unless the verdict is so contrary to the evidence as to shock one's sense of justice; a mere conflict in testimony will not suffice as grounds for a new trial." Turney Media Fuel, Inc., 725 A.2d 836, 841 (Pa. Super. 1999). The remedy for claims that evidence is insufficient to sustain a decision of the trial court is generally a judgment notwithstanding the verdict. Boutte v. Seitchik, 719 A.2d 319, 322 (Pa. Super. 1998) (quoting Lilley v. Johns- Manville Corp., 596 A.2d 203, 206 (Pa. Super. 1991)). Sufficiency of the Evidence We denied Defendant's request for a new trial or new judgment on the basis of insufficient evidence, because the evidence presented at trial was sufficient to support the verdict in favor of Plaintiffs. The issue in this case was the location of a boundary line between neighboring properties. Plaintiffs offered the testimony of an expert witness to testify about the location of the boundary line. Defendant did not have a survey completed of her property, nor have an expert testify about the boundary line in dispute. Eric Diffenbaugh is a professional land surveyor and testified that he did deed research and a field survey to determine where the boundary lines of the Keegan property lie. (Tr. 4115110 p. 6). We found his testimony credible and -6- consistent with the documentary evidence that was admitted.' Defendant Cox testified about measuring the distance between two pins that she found on her property. (Tr. 4/15/10 pp. 49-50). However, she also testified that she did not know the origin of the pin in the northeast corner. (Tr. 4/15/10 pp. 61- 62). And she could not testify for certain, other than for the fact that her husband planted trees in line with that pin, that the pin marked the corner of her property. (Tr. 4/15/10 pp. 61-62). Mr. Diffenbaugh also testified about the deed research that was conducted and concluded that the lane was on the Keegan tract of land. (Tr. 4,/15/10 pp. 36- 37). We also found his testimony convincing as to the origin of the deeds and descriptions at issue in this case. (Generally Tr. 4/15/10 pp. 9-30). Defendant also avers that we erred in "permitting and accepting the testimony of Eric Diffenbaugh as it was not credible." (Statement ¶ 15). Defendant does not indicate where in the record an objection was made to allowing Diffenbaugh to testify as an expert. To the contrary, the transcript reflects that Defendant had an opportunity to question Mr. Diffenbaugh's qualifications and In a non-jury trial, credibility determinations are the province of the trial judge. See, e.g. Christian v. Yanoviak, 945 A.2d 220 (Pa. Super. 2008). .7- then did not object to his testifying as an expert in the area of land surveying. (Tr. 4/15/10 pp. 3-5). Accordingly we do not find that this issue was preserved for appeal. Error of law as to "senior rights" and its' legal effect Defendant asserts that this court erred in concluding that in spite of the unity of ownership that occurred at one time in the history of the deeds, the tracts remained separate and distinct so as not to create senior and junior rights. We did not find the case law submitted by Defendant to be persuasive in this case. The evidence in this case established that while Monroe may have owned both the Keegan tract and the Cox tract at the same time, Monroe did not alter the Cox tract when he deeded it to its new owners. The case law on this issue indicates that senior rights would come into play when two parcels are taken from one larger tract. See e.g. Thompson v. Kauffelt, 1 A. 267 (Pa. 1885); Murrer v. American Oil Co., 359 A.2d 817 (Pa. Super. 1976). When one parcels out a larger tract into smaller tracts, then the first piece transferred becomes superior to the next ones, so that "the lines of the [later transferred lot] will not only yield to but will extend up the lines of the [first transferred lot]." Thompson at 268. The facts of this case are -g, distinguishable because the Keegan tract and the Cox tract were not part of one larger tract, but were merely owned by the same person for a short while. Additionally case law exists that supports the theory that an easement is destroyed when the dominant and servient lands come into the ownership of one person because a person cannot have an easement in his own land. Schwoyer v. Smith, 131 A.2d 385 (Pa. 1957). However this does not apply to the facts of this case, although there was mention in the testimony of rights to use the lane. (Tr. 4/15/10 pp. 25-26). An easement was never argued by either of the parties. Conclusion: The evidentiary and testimonial evidence presented in this case supports the findings and conclusions in the Order of April 27, 2010, and therefore, post-trial relief was properly denied. We direct that a copy of this Statement shall be sent to counsel for the parties. cai-ji,es mat 14 W P - Richard K. Renn, President judge -9- CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of Pennsylvania The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: Christopher J. Keegan and Audrey R. Keegan Vs. Anne M. Cox 2008-4939 Civil 1197 MDA 2010 The documents comprising the record have been numbered from No.l to 390, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 10/12/2010 l David e , rotho tart' Regina Lebo, Deputy An additional copy of this certificate is enclosed. Please sign and date copy, thereby acknowledging receipt of this record. Date Signature & Title Commonwealth of Pennsylvania County of Cumberland ss: 1, David D. Buell , Prothonotary of the Court of Common Pleas in and for said County, do hereby certify that the foregoing is a full, true and correct copy of the whole record of the case therein stated, wherein Christopher J, Keegan and Audrey R. Keegan Plaintiff, and Anne M. Cox In TESTIMONY WHEREOF, I have hereunto this -. 12th Defendant , as the same remains of record before the said Court at No. 2008-4939 of Civil Term, A.D. 19 . set my hand and affixed the seal of said Court day of October A. D., 2010 Prothonotary 1, Kevin A- Hess ? President Judge of the Ninth Judicial District, composed of the County of Cumberland, do certify that David D. Buell , by whom the annexed record, certificate and attestation were made and given, and who, in his own proper handwriting, thereunto subscribed his name and affixed the seal of the Court of Common Pleas of said County, was, at the time of so doing, and now is Prothonotary in and for said County of' Cumberland in the Commonwealth of Pennsylvania, duly commissioned and qualified to all of whose acts as such full faith and credit are and ought to be given as well in Courts of judicature as elsewhere, and that the said record, certificate and attestation are in due form of law and made by the oper officer. ?? President .Judge Commonwealth of Pennsylvania County of Cumberland ss: 1, David D. Buell Prothonotary of the Court of Common Pleas in and for the said County, do certify that the Honorable Kevin A Mess by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is President Judge of the Court of Common Pleas, Orphan' Court and Court of (quarter Sessions of the Peace in and for said County, duly Commissioned and qualified; to all whose acts as such full faith and credit are and ought to be given, as well in Courts of judicature as elsewhere. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seal of said Court this of n?tnber. A. D. 2010 PfULhhtH)tFT7t' No. Term i9 No. 2008-4939 Civil Term 1197 MDA 2010 Christopher J. Keegan and Audrey R. Keegan Versus Anne M. Cox EXEMPLIFIED RECORD From Cumberland County Debt, . . . $ Int. from Costs Entered and Filed Prothonotary. Among the Records and Proceedings enrolled in the court of Common Pleas in and for the Cumberland county r in the Commonwealth of Pennsylvania 2008-4939 to No. 1197 MDA 2010 Term, 19 is contained the following: COPY OF Appearance DOCKET ENTRY Christopher J. Keegan and Audrey R. Keegan vs. Anne M. Cox **SEE CERTIFIED COPY OF DOCKET ENTERIES** Yr0 511 cumberlana county rrorr_onorary,s ur=ice Yd?C 1 Civil Case Print 2008-04939 KEEGAN CHRISTOPHER J ET AL (vs) COX ANNE M Reference No..: Filed........: 8/18/2008 Case Type.....: COMPLAINT Jud 00 ment Time. 11.21 g ..... . Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: ------------ Ca C t Disposed Date. i 0/00/0000 se ommen s ------------- H gher Crt 1.: 1197 MDA2010 Higher Crt 2.: ******************************************************************************** General Index Attorney Info KEEGAN CHRISTOPHER J PLAINTIFF CARFLEY STEPHANIE 639 WEST OLD YORK ROAD CARLISLE PA 17015 KEEGAN AUDREY R PLAINTIFF CARFLEY STEPHANIE 639 WEST OLD YORK ROAD CARLISLE PA 17015 COX ANNE M DEFENDANT DOUGLAS WILLIAM P 631 WEST OLD YORK ROAD CARLISLE PA 17015 ******************************************************************************** Judgment Index Amount Date Desc COX ANNE M 7/23/2010 JUDGMENT ON ORDER ******************************************************************************** * Date Entries ******************************************************************************** /-// 8/18/2008 /a 8/26/2008 /,3 _ 16 9/23/2008 ?7-KGs 10/01/2008 ai-a3 10/16/2008 a 5/07/2009 5/14/2009 ?2?_ .2-7 6/18/2009 31-3LI 7/14/2009 3,0 7/21/2009 3_S 9/01/2009 36,3/ 1/14/2010 ?v -qS 2/08/2010 FIRST ENTRY - - - - - - - - - - COMPLAINT - BY MICHAEL A SCHERER ATTY FOR PLFFS ------------------------------------------------------------------- ACCEPTANCE OF SERVICE - COMPLAINT - BY WILLIAM P DOUGLAS ESQ ON BEHALF OF DEFT ------------------------------------------------------------------- DEFENDANT'S ANSWER AND NEW MATTER - BY WILLIAM P DOUGLAS ATTY FOR DEFT ------------------------------------------------------------------- DEFENDANT'S ANSWER AND NEW MATTER - BY WILLIAM P DOUGLAS ATTY FOR DEFT ------------------------------------------------------------------- REPLY TO NEW MATTER - BY MICAHEL A SCHERER ATTY FOR PLFF ------------------------------------------------------------------- PRAECIPE FOR LISTING CASE FOR JURY TRIAL BY - MICHAEL A SCHERER ATTY FOR PLFFS ------------------------------------------------------------------- ORDER OF COURT - 5/18/09 - PRETRIAL CONFERENCE SCHEDULED FOR 6/16/09 AT 4:00 PM IN CHAMBERS OF UNDERSIGNED JUDGE - BY EDWARD E GUIDO J - COPIES MAILED 5/20/09 ------------------------------------------------------------------- PRETRIAL CONFERENCE - BY EDWARD E GUIDO J - COPIES MAILED 6118109 ------------------------------------------------------------------- PETITION FOR RE ASSIGNMENT OF JUDGE - BY MICHAEL A SCHERER ATTY FOR PLFFS ------------------------------------------------------------------- ORDER OF COURT - 7/20/09 IN RE: PETITION FOR REASSIGNMENT OF JUDGE - THE CASE IS REFERRED TO COURT ADMINISTRATION FOR RE ASSIGNMEN - BY EDWARD E GUIDO J - COPIES MAILED 7/21/09 ------------------------------------------------------------------- ORDER OF COURT - 9/1/09 - THE HONORABLE RICHARD K RENN OF THE 19TH JUDICIAL DISTRICT IS HEREBY APPOINTED TO PRESIDE OVER THE ABOVE CAPTIONED MATTER - BY EDGAR B BAYLEY J - COPIES SENT BY COURT ADMIN ------------------------------------------------------------------- ORDER FOR PRE-TRIAL CONFERENCE IN CIVIL NON-JURY CASE - 1/12/10 - IN RE: PRE-TRIAL CONFERENCE SCHEDULED BEFORE RICHARD K RENN PJ 2/3/10 AT 11 AM IN CR 9 YORK CO JUDICIAL CENTER-45 N GEORGE ST YORK PA - BY RICHARD K RENN PJ/YORK CO ------------------------------------------------------------------- ORDER PRELIMINARY TO NON JURY TRIAL OF CIVIL CASE - BY RICHARD K RENN J rY5511 uumnerlana uounr.y .erocnonoLary• s vzri.ce raqu z Civil Case Print 2008-04939 KEEGAN CHRISTOPHER J ET AL (vs) COX ANNE M Reference No... Filed......... 8/18/2008 Case Type ..... . COMPLAINT Time. ... 11.21 Judgment. .00 Execution Date 0/00/0000 Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 0/00/0000 ------------ Case Comments ------------- Higher Crt 1.: 1197 MDA2010 Higher Crt 2.: ------------------------------------------------------------------- ,q6 y7 4/08/2010 ATTYCFIPE OR FOR ENTRY OF APPEARANCE FOR DEFT - BY STEPHANE CARFLEY PLFFS ------------------------------ ------------------------- Lt? tr?' 4/12/2010 ?DNT STIPULPTION OF FACTS BY MICHAEL A SCHERER ATTY FOR PLFFS DEFT ------------------------------------------------------------------- 4/15/2010 SETTLEMENT NARRATIVE WITH OFFER - BY MICHAEL A SCHERER ATTY FOR PLFFS AND STEPHANIE CARFLEY ATTY FOR PLFFS ----------------------------------------------------------------- 3-x/3 4/29/2010 ORDER COF COURT - DATED C/27/10 - NON-JURY TRIAL HELD ON 4/15/10 - - ------------------------------------------------------------------- af_?j 7 5/07/2010 DEFENDANT'S MOTION FOR POST TRIAL RELIEF - BY WILLIAM P DOUGLAS ATTY FOR PLFF ------------------------------------------------------------------- 5/24/2010 ORDER SCHEDULING ORAL ARGUMENT ON POST TRIAL MOTIONS - 5/19/10 - ARGUMENT REGARDING POST TRIAL MOTIONS FILED BY THE DEFT TO BE HEARD CENTER ON BY 2PRESIDENT IJUDGEMRIIN CR9 CHARD KFRETHE YORK NN - CCOPIESN MAILED JUDICIAL 5/24/10 ------------------------------------------------------------------- a/?-o2a?j 6/08/2010 ERAQECIPE TO WITHDRAW AS COUNSEL FOR PLFFS - BY MICHAEL A SCHERER --------------------------------------------- ---------------------- a/_aaD6/25/2010 PRESIDENT/22`10 COPIES IN E: POST TRIAL MOTIONS - BY RICHERD K RENN ------------------------------------------------------------------- .;2a 7/23/2010 PRAECIPE FOR ENTRY OF JUDGMENT ON THE ORDER AND JUDGMENT ENTERED BY WILLIAM P DOUGLAS ESQ ------------------------------------------------------------------- a 7/23/2010 NOTICE OF APPEAL TO SUPERIOR COURT - BY WILLIAM P DOUGLAS ATTY FOR DEFT ---------- ------------- --------- ---------- -------- ----- ??.308/04/2010 TRANSCRIPT-OF-PROCEEDINGS - BEFORE HONORABLE RICHARD-K-RENN -------- PRESIDENT JUDGE OF YORK COUNTY ON 04-15-10 - BY DEBRA S ROMESBERG OFFICIAL COURT REPORTER ------------------------------------------------------------------- 351 353 8/05/2010 ORDER DIRECTING APPELLANT TO FILE STATEMENT OF MATTERS COMPLAINED OF ON APPEAL - BY THE COURT RICHARD K RENN PJ OF YORK CO - COPIES MAILED BY J RICHARD RENN'S OFFICE 3? X8/06/2010 SUPERIOR-COURT-OF-PA-NOTICE-OF-APPEAL-DOCKETING-TO-#-1197-MDA-2010- 8/26/2010 DEFENDANT'S STATEMENT OF MATTERS COMPLAINED OF ON APPEAL PURSUANT J7j9-,.341 TO PA RAP 1925 (B) - BY WILLIAM P DOUGLAS ATTY FOR PLFF ------------------------------------------------------------------- 3La__?0 9/08/2010 TRANSCRIPT OF PROCEEDINGS - HELD BEFORE YORK COUNTY RICHARD K RENN PJ ON 6-22-10 ------------------------------------------------------------------- 3,<9/20/2010 RULE 1925 A STATEMENT IN SUPPORT OF DECISION - DATED 9-17-10 - IN RE POST TRIAL RELIEF WAS PROPERLY **DENIED** - BY THE COURT RICHARD K RENN PJ OF YORK COUNTY - COPIES MAILED 9-20-10 ------------------------------------------------------------------- 10/12/2010 NOTICE OF DOCKET ENTRIES MAILED TO WILLIAM P DOUGLAS ESQ STEPHANIE CARFLEY ESQ AND MICHAEL A SCHERER ESQ fE Q/ - - - - - - LAST ENTRY ?? ********?k:ki;it*??rir?`:F*?*iF`?*******i[**'**?F'k*'k*icic*******h7k****'*****lc*?Fic?t***************** * Escrow Information * Fees & Debits Beg Bal Py*mts/Adl End Bal ******************************** ******** ****** ******************************* COMPLAINT 55.00 55.00 00 TAX ON CMPLT .50 .50 . 00 SETTLEMENT 8.00 8.00 . 00 AUTOMATION 5.00 5.00 . 00 JCP FEE 10.00 10.00 . 00 PRAECIPE TRIAL 25.00 25.00 . .00 PYS511 Cumberiana County Yrornorozary-s ur=ice YdCJC Civil Case Print 2008-04939 KEEGAN CHRISTOPHER J ET AL (vs) COX ANNE M Reference No... Filed......... 8/18/2008 Case Type.....: COMPLAINT Jud 00 ment Time........ : E i D t 11:21 0000 0/0 g ..... . xecut e on a 0/ Judge Assigned: Jury Trial.... Disposed Desc.: Disposed Date. 00/0000 ------------ Case Comments ----------- -- Higher Crt 1.: 11 MDA2010 Higher Crt 2.: SUBPOENA 6.00 6.00 .00 JDMT 14.00 14.00 .00 APPEAL HIGH CT 48.00 48.00 .00 -------------- 171.50 ---------- --- 171.50 --------- .00 *************************************** ************** *************************** * End of Case Information *************************************** ************** *************************** TRUE COPY FROM RECORD kk 766*nony wh. d, I hen) undo sst my hand and a?a "W Of "M COW Cam. Pa. Ibb Z,,:;z d w of- 91 . ,, so Iy rravowtwy CERTIFICATE AND TRANSMITTAL OF RECORDS UNDER PENNSYLVANIA RULE OF APPELLATE PROCEDURE 1931 (C) To the Prothonotary of the Apellate Court to which the within matter has been appealed: Superior Court of Pennsylvania The undersigned, Prothonotary of the Court of Common Pleas of Cumberland County, the said court being a court of record, do hereby certify that annexed hereto is a true and correct copy of the whole and entire record, including an opinion of the court as required by PA R.A.P. 1925, the original papers and exhibits, if any on file, the transcript of the proceedings, if any, and the docket entries in the following matter: Christopher J. Keegan and Audrey R. Keegan "fired in Superior Cow Vs. OCT :1 2 2010 Anne M. Cox ???? 2008-4939 Civil 1197 MDA 2010 The documents comprising the record have been numbered from No.1 to 390, and attached hereto as Exhibit A is a list of the documents correspondingly numbered and identified with reasonable definiteness, including with respect to each document, the number of pages comprising the document. The date on which the record has been transmitted to the Appellate Court is 10/12/2010 2 . uell, Prot onotary Regina Lebo, Deputy An additional cony of this certificate is enclosed Please sign and date cony, thereby acknowledging receipt of this record. Date Signature & Title 68-9937 In the Superior Court of Pennsylvania Christopher J. Keegan and Audrey R. Keegan Appellees . _ ............... Superior Court Docket Number vs Anne M. Cox ellant 1197 MDA 2010 Discontinuance of Appeal Pursuant to Pa.R.A.P. Rule 1973 And now on the the 22°d day of December comes the Appellant, Anne M. Cox, and respectfully moves: That the Appeal filed in this matter is hereby be discontinured pursuant to Pa.R.A.P. Rule 1973 at the request of the appellant. Wherefore, it is respectfully prayed that the Appeal filed by the Appellant be discontinued. Attorney for Appellant December 22, 2010 1 --A. c a% ?>- Uj cR a mw R. X :CL c= 11 Respectful Submit d, V William P. Douglas, E Anne M. Co a Am 6 superior Court of Venn?plbania Karen Reid Bramblett, Esq. Prothonotary Middle District Milan K. Mrkobrad, Esq. Deputy Prothonotary December 28, 2010 NOTICE OF DISCONTINUANCE OF ACTION RE: Keegan, C. v. Cox, A. 1197 MDA 2010 Appeal of: Anne Cox Initiating Document: Notice of Appeal Trial Court: Cumberland County Court of Common Pleas Trial Court Docket No: 2008-04939 Pennsylvania Judicial Center P.O. Box 62435 601 Commonwealth Avenue, Suite 1600 Harrisburg, PA 17106-2435 (717) 772-1294 www superior. court, state. Pa. us The above-captioned matter has been marked "Discontinued" with this court. Certification is being sent to the lower court. Attorney Name Participant Name Participant Type Stephanie Carfley, Esq. Keegan, Christopher J. & Audrey R. Appellee William P. Douglas, Esq. Cox, Anne Appellant /vsl -_, < C-D IN THE SUPERIOR COURT OF PENNSYLVANIA SITTING IN HARRISBURG No. 1197 MDA 2010 Christopher Keegan and Audrey Keegan : Appeal from the Judgment 7/23/10 V. Anne M. Cox Court of Common Pleas :for the county of Cumberland :No. 2008-4939 12/28/10 - The above appeal is hereby withdrawn and discontinued by order of: William P. Douglas Attorney for Appellant 12/28/10 - DISCONTINUED TRUE COPY FROM RECORD IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said Court, at Harrisburg, this 28th day of December, 2010. ? t4 "/ Deputy Prothonot y Karen Reid Bramblett, Esq. superior Court of Venns;pibania Prothonotary Middle District Milan K. Mrkobrad, Esq. Deputy Prothonotary December 28, 2010 Buell, David D. Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 RE: Keegan, C. v. Cox, A. 1197 M DA 2010 Trial Court Docket No: 2008-04939 Dear David D. Buell: Pennsylvania Judicial Center P.O. Box 62435 601 Commonwealth Avenue, Suite 1600 Harrisburg, PA 17106-2435 (717) 772-1294 w ww. superior. court state. Pa. us , received from the Superior Court of Pennsylvania, Middle District Office, the certificate of discontinuance of the court, in the above entitled case. ORIGINAL RECORD CONTENTS Original Record Item Description ? Part w/Exhibit Envelope 1 Return to: Superior Court of Pennsylvania Office of the Prothonotary Pennsylvania Judicial Center P.O. Box 62435 601 Commonwealth Avenue, Suite 1600 Harrisburg, PA 17106-2435 7177721294 /vsl