HomeMy WebLinkAbout04-2169P'\PIL9SIDATAF1U\GenecaTCmren1\11140-1-cor cu
Created. 4/5/04 9.17PM
Revised. 5/13104 3-40PM
EUGENE E. FAILOR, SR.,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04- ZAr q EQUITY TERM
JOHN E. FAILOR, SR., SARAH MYERS, : CIVIL ACTION - EQUITY
LAWRENCE M. FAILOR, and
CHARLENESHAFFER,
Defendants : ACTION IN PARTITION OF REAL PROPERTY
NOTICE
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice are
served, by entering a written appearance personally or by attorney and filing in writing with the court
your defenses or objections to the claims set forth against you. You are warned that if you fail to do
so, the case may proceed without you and a judgment may be entered against you by the court
without further notice for any money claimed in the Complaint or for any other claim or relief
requested by the Plaintiffs. You may lose money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
MART F WILLIAMS & OTTO
By l
Carl C. Risch, Esquire
I.D. No. 75901
Date:,> - /3 - D'f
Christopher E. Rice, Esquire
I.D. No. 90916
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
EUGENE E. FAILOR, SR.,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04 - ,Z /(Q q EQUITY TERM
JOHN E. FAILOR, SR., SARAH MYERS, CIVIL ACTION -EQUITY
LAWRENCE M. FAILOR, and
CHARLENE SHAFFER,
Defendants ACTION IN PARTITION OF REAL PROPERTY
COMPLAINT
1. Plaintiff, Eugene E. Failor, Sr., is an adult individual of Cumberland County,
Pennsylvania.
2. Defendants, John E. Failor, Sr., Sarah Myers, Lawrence M. Failor, and Charlene
Shaffer, are adult individuals of Cumberland County, Pennsylvania.
3. Plaintiff and Defendants (collectively herein, the "parties") are owners of certain real
estate situated in North Middleton Township, Cumberland County, Pennsylvania, and located at 63
North Middleton Road (herein, the "Property").
4. All the interests of the parties in the Property are held as tenants in common and are
undivided one-fifth interests.
5. The parties are in possession of the Property.
6. The parties acquired the Property by way of a Deed dated July 23, 1986, and recorded
in Deed Book 32-C, Page 915, in the Office of the Cumberland County Recorder of Deeds,
Pennsylvania (the "Deed"). A true and correct copy of the Deed is attached hereto as Exhibit "A."
As discussed in the Deed, it was the desire of the testator that the Property be subdivided among his
children, i.e. the parties hereto.
7. The Property described within the Deed is designated as tax parcel number 29-14-
0877-011, and described as follows:
BEGINNING on the north by property of Chris Brownawell and Park
Quigley; on the east by property of Park Quigley and Bessie Wilson; on the
south by Public Road; and on the west by property of Lawrence Failor and
Chris Brownawell, and has a road frontage of 215 feet. This plot contains 5
acres more or less.
R .
BEING the same premises which the Orphans' Court Division of the Court
of Common Pleas of Cumberland County, Pennsylvania, by a Decree
Awarding Real Estate dated March 18, 1975, and recorded in Deed Book Z,
Volume 25, Page 298, granted and conveyed unto Parker E. Failor, Sr.
8. Plaintiffbelieves, and therefore avers, that there are no liens or encumbrances thereon
appearing of record or known to Plaintiff.
9. The Property contains four separate lots, each self-sufficient with its own residence.
The parties have maintained the residences from 1949, 1967, 1968, and 1969, respectively. A true
and correct copy of the Plan is attached hereto as Exhibit "B."
10. Plaintiff s son, James Failor, resides on the lot maintained by Plaintiff. See Exhibit
"B
11. Defendant Lawrence M. Failor resides on the lot maintained by himself and
Defendant John E. Failor, Sr. See Exhibit "B."
12. The remaining two Defendants reside on the remaining two lots, each with a separate
residence. See Exhibit "B."
13. In addition to the four individual residences, each party maintains a septic system on
their lot. See Exhibit "B." The septic systems were installed at various times. The first one in 1967
and the last one in the late 1980s or early 90s.
14. The parties each have a garage and/or shed located on the lot they maintain.
15. On January 1, 2004, at the request of the parties, C.W. Jenkins Associates, Inc.,
drafted a plan in partition (the "plan"), setting forth the agreed upon boundaries of the four lots. See
Exhibit "B."
16. No person other than the parties to this suit has any interest in the Property.
17. The parties agree that the Property can be partitioned in a fair and equitable manner
as depicted by the Plan into four purparts. A true and correct copy of the Consent for Partition of
each Defendant is attached hereto as Exhibit "C."
18. The four lots are self-sufficient, each possessing a residence, garage and/or shed,
septic system, and access to and from the public road, being North Middleton Road.
WHEREFORE, Plaintiff requests this Honorable Court for the following relief:
(a) That this Honorable Court issue a decree in partition of the Property; and
(b) That a partition of the Property be made according to the rights of the respective
parties as set forth within this Complaint and agreed upon by the parties, and that the said share or
shares to which the respective parties are entitled be set out to them in accordance with the Plan, and
that all proper and necessary conveyances and assurances be executed for carrying such partition into
effect.
Respectfully submitted,
MART,S DE !7F WILLIAMS & OTTO
By
Carl C. Risch, Esquire
I.D. No. 75901
Christopher E. Rice, Esquire
I.D. No. 90916
Ten East High Street
Carlisle, PA 17013
(717) 243-3341
Date: S- 3 ' 0 Attorneys for Plaintiff
15 W
Ilmp ILII. Ins. InU„v. Pu
Tbt`5
At.t DE Till; 27 -? day of ?'1 y in the year of our Lord
acre Ih.,",rml nine hundred aA,j eighty-Six (1986)
81,71 Eh'Al ALICE C. CLEPPER,
Elrod rix of the loaf (Pill and Teslrunrnt n/ PARKER E, FA ILOR, SR,
latcof North Middleton Township, Cumberland
County, Pennsylvania, party n/ the first part, and SARAH MYERS, LAWRENCE
M. FAILOR, JOHN E. FAILOR, SR., EUGENE E, FAILOR, SRv/ the second Part)
and CHARLENE SHAFFER, parties
as tenants in common,
H'ill` Rl•1AS, the Mill PARKER E. FAILOR, SR.
by his last )fill rued TrellunrnL duly proved and rervr•rled in file Hrpislrr•'s afro of
Cumberland County. Pennsyll•nttia,
W)IERI:AS, in Items TWO and THREE of the said last Will and
Testament of Parker E. Failor, Sr., the Executrix was directed to
convey, in accordance with local Sub-division and Land Use Regula-
tions, his real property to his children, Sarah Myers, Eawrence
Failor, John Failor, Eugene Failor, and Charlene Shaffer.
WHEREAS, Parker E. Failor, Sr., died being seized with approximately
five acres of real property located in the Township of North
Middleton, Cumberland County, Pennsylvania,
WHEREAS, in order to comply with the wishes of Parker E. Failor,
Sr., it isnecessary for the Executrix to convey the decedent's
real property to the beneficiaries, to be held jointleY.-
rn Fi
.U C•
'Cl l O yl
W _
? RI O
!\, y n
n y
f' m
A'OII' TI1IS IA'DENTURF. 11'IT,VL7SSIi TH, that the said pad Y of the. first part, by virhrc
of the parer and authority, aforesaid, in said 11711 canInined, and in consideral fail of the son of
ONE and 00/100 (51.00)-------------------------------------------
DoRans to be paid by the sniff part ies of the accond part, at And before the emealing and
dcli rry of these presents, the rreeipt Whrrrol is hereby acknowledged, has granted,
bailaw, 1, sold and conreyed, and does hereby grant, bargain, selland, convey to the
said parties of the second part, their
heir..., a... assigns /nrrrrr, all that certain piece a' pa reel of land silnate in
North Middleton Township ,Camly of Cumberland
and State of Penlsittrania. boandrd and dese'ibrd as follows, to-tril:
BEGINNING on the north by property of Chris Drownawell and Park
Quigley; on the east by property of Park Quigley and Bessie Wilson;)
on the south by Public Road; and on the west by property of Lawrence
Failor and Chris Brownawell, and has a road frontage of 215 feet.
This plot contains;5 acres more or less.
BEING the same premises which the Orphans' Court Division of the
Court of Common Pleas of Cumberland County, Pennsylvania, by a
Dec..-ee Awarding Feat Estate dated March 18, 1975, and recorded in I
Deed Book Z, Volume 25. Page 298, granted and conveyed unto
Parker E, Failor, Sr.
e-.-)IC 32 fAlt 915
EXHIBIT A
, , e
r
,
I
TOGETHER Will, Oil Old singular the tights, liberties, pricileUCs, heralilanrrnts And appnrlr nan•
era lollalsorcr Oarcnnrto brlonping Oran any,(ise appertaining, and the rerersions anal renlaiml,ff.
rents, issnes and prolits therroj and all the estate. right, title, infrrcvL Property, claim and drnsuvi
,,hatsorrcr of it,, said Parker E. Failor, Sr., at And irnnlediutefy
before the lirve of his decease, in flue or equity or othericise hntusoerer, of. irl, to a' ofd of
the same:
TO HAVE AND TO HOLD the said graut(d premises 10 the said parties of the
second part, their
hri, and assig'IS forerrr.
find the said party of the first part
do es eorenani, PmAlia'e; grant and agr(e, to and with
the said parties of the second part, their
heirs and assigns, by these preserls, !hot she fhe said
party of the first part
nat done, commitled or knowingly or willingly suffered to be done, any act, nnafter. or thing tehaf.
sacYwr, tahcre6U the ln•awues aforesaid, or any part thereof, is, are, shall or may be charged or
iAc,,,bcrcd, in title charge or estate, a- othrnrisc howsoever.
TOGETHER frith all nud singular the rights, liberties, privilrtlrs, hcredilarwa is and aplowhna,o-
acs wholsorer them ,it to belonging or an anywise appertaining, mad the reversions and rrmai*h-r:.,
rents, issues and prolity (tenet, and all the estate, right, title, infrresl, property, rlnint awl all-out ad
it hatsuerrr, of the said Parker E. Failor, Sr.,
at and ianardialely
before the lime of his decease, in [nor or equity or otherwise howsoever, of, in, to or oat a.t
tole sane:
TO HAVE AA"D TO HOLD the said yranl(d premises to the mid parties of the
second part, their
heirs and ossiymv forerrr.
And the said party of the first part
do es covenant, promia'e,-9mrd and agree to and with.
thesaid parties of the second part, their
heirs and assigns, by these presents, that she the said
party of the first part
not done, committed or h'nmrin91y or willingly suffered to be done, any act, matter, or thing what.
soceer, roher(by the promises aforesaid, or any part thereof, is, are, shall or may be cha'yrd or
inennbcrcd, in title, char DC or estate, or' otherrise howsocuer,
i
IN WITNESS WHEREOF, the said Alice C. Clepper
day and year above written.
rbam,'r , '6^.aa .wart 7 l `
J i
1
State of PENNSYLVANIA
so.
County of CUMBERLAND d
On this, the .?3r day of Jh/vt? . 1986. heforr rev
Karen F. Byers 0
the undersigned officer, personally appeared Alice C. Clapper
of the Stafc of Pennsylvania Comity of Cumberland , kmotcn to
one for satisfactorily proven) to be the person described in the foregoing imlrument, and acknmrt.
edged that he erected the same in the capacity therein stated and for the purposes therein con-
tained. .
Ill witness whereof, I hereunto set my hand and official seat
Ke"Ert .....
r. awBJ, H,ey PvNk
....
4 hash Hanover SL 51. ...f;J ?`. 4!?L ?? ??T'w a5.? s•
Cad6b, Cemaedaod Cry., PA 17013 r + .F of
MY isrm y.pFw h6/ 23,19W Notary
State of
se.
County of
On this, the - day of , 19 , before me,
the undersigned officer, personally appeared
of the State of County of , known to
me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknotcl•
edged that he executed the same in the capacity therein stated and for the purposes therein con.
trained.
In witness whereof, I hereunto set my hand and official seat
.............................................................................. 83114L
Title of Officer.
esohC32,ASi 916
TOTAL AREA = 5.475 ACRES
LOT1
GROSS AREA - 1, 032 AC.
LESS R13' - 0, 032 AC.
NET AREA - 1.000 AC,
e
ZONING DA rA
7. Zoned,' Agricultural (A)
2. Minimum Lot Areo: 1 Acre
3 Minimum Lot Width.'
120' at Lot frontage
750' of Building Setback
4. Minimum Ycrd Setbacks:
Steel Pn Front-35'
(see) Side - 15' Min., JO' Total
N Reor-35'
o, 5. Max. Impervious Coverage' 209
3At 6. Maximum Building Height J5'
t 0% pti
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(Set) 3
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, MAG No11
LOA J
1.5-1"f"?'ES \i5 55' osepNC \
J Jiwtyegs \ \
y wlmmmy P°°/ ? 6f°ck k Fr.
J Black k Fr. Add/G'an
°Septic ? ?_ ? Shed _
,,d 4Cl3' BF'L9?`
tees Pin LOT 2 see„/ Pm
1.274 ACRES (set) \
aSePt/c r/4^1,?,i
sned 6b'iZ _ _
,,,yyShed ap V) steel Pin /i1°?Q
b (Pe d.)
v? steel Pi„ f N
Serf
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tbA`? f5 Sylvester M.
C°roge P8 24-J, Oo Wi%son
Page 477
LOT 1 h
f. 0J2 ACRES w)
T-495 NORTH
Assoc/
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s
3
U
COVENTRY CENTER
2110 FISHER ROAD
CHANICSBURG, PA 17055
TEL: (717) 697-8489
9 Y
MoD%le W?
Home 80 40 0 80 160
Scale; 1"=80'
RIGHT OF A,'
M
0d'F9t MAO Na11 M/ODLETON ROAD
L$9S.99S (see)
SKETCH PLAN
FOR
SARAH MYERS, LAWRENCE M. FAILOR,
JOHN E. FAILOR, SR., EUGENE FAILOR, SR.,
& CHARLENESHAFFER
EXHIBIT B NORTH MIDDLETON TOWNSHIP
CUMBERLAND COUNTY, PA
SCALE: AS SHOWN, DATE: JANUARY 01, 2004
F:\nLMDATAFILE\Genera1\CunenN 1140-1. consen?cer
C.tm 4/5/04 9:I7PM
Rcvmd. 5/7/04 9.33AM
EUGENE E. FAILOR, SR.,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04 - EQUITY TERM
JOHN E. FAILOR, SR., SARAH MYERS, : CIVIL ACTION - EQUITY
LAWRENCE M. FAILOR, and
CHARLENE SHAFFER,
Defendants : ACTION IN PARTITION OF REAL PROPERTY
JOINDER AND CONSENT FOR PARTITION
I, the undersigned and a party in interest, do hereby agree and consent to the entry of an order
in partition and to the partition of the property situated at 63 North Middleton Road, North
Middleton Township, Cumberland County, Pennsylvania, as set forth in the plan of partition drafted
by C.W. Junkins Associates, Inc., and dated January 1, 2004, into four separate parcels.
Date: May A -, 2004
Signature ham,
1'qwDQerde e ice! . r.?n ' S
Print name
EXHIBIT C
F TILES\VATAFJMGenmPCurrwt\I 1140-1 wnsertleer
Created: 4/5/04 9: 17PM
Rer¢ed; 5/7104 9:33AM
EUGENE E. FAILOR, SR.,
Plaintiff
v.
I • . I
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04 - EQUITY TERM
JOHN E. FAILOR, SR., SARAH MYERS, : CIVIL ACTION - EQUITY
LAWRENCE M. FAILOR, and
CHARLENESHAFFER,
Defendants : ACTION IN PARTITION OF REAL PROPERTY
JOINDER AND CONSENT FOR PARTITION
I, the undersigned and a party in interest, do hereby agree and consent to the entry of an order
in partition and to the partition of the property situated at 63 North Middleton Road, North
Middleton Township, Cumberland County, Pennsylvania, as set forth in the plan ofpartition drafted
by C.W. Junkins Associates, Inc., and dated January 1, 2004, into four separate parcels.
ex
Signature
Print name
?a?b'
`SAc-7?'P.r
Date: May It9 , 2004
F:\FILES\ ATAFTLE\GmerM\Cuv 011140-1-consent/"r
C¢ W 415104 9:17PM
Revised: 517104 933AM
EUGENE E. FAILOR, SR.,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04 - EQUITY TERM
JOHN E. FAILOR, SR., SARAH MYERS, : CIVIL ACTION - EQUITY
LAWRENCE M. FAILOR, and
CHARLENESHAFFER,
Defendants : ACTION IN PARTITION OF REAL PROPERTY
JOINDER AND CONSENT FOR PARTITION
I, the undersigned and a party in interest, do hereby agree and consent to the entry of an order
in partition and to the partition of the property situated at 63 North Middleton Road, North
Middleton Township, Cumberland County, Pennsylvania, as set forth in the plan ofpartition drafted
by C.W. Junkins Associates, Inc., and dated January 1, 2004, into four separate parcels.
Signature
Print name
Date: May 2004
F. NILMDATAFI LZGenmACunent\ 11140-1. consen?ar
Cma cd: 4/5/04 9: 17FM
Rant 5/7/04 933AM
EUGENE E. FAILOR, SR.,
Plaintiff
v.
0 • ,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 04 - EQUITY TERM
JOHN E. FAILOR, SR., SARAH MYERS, : CIVIL ACTION - EQUITY
LAWRENCE M. FAILOR, and
CHARLENESHAFFER,
Defendants : ACTION IN PARTITION OF REAL PROPERTY
JOINDER AND CONSENT FOR PARTITION
I, the undersigned and a party in interest, do hereby agree and consent to the entry of an order
in partition and to the partition of the property situated at 63 North Middleton Road, North
Middleton Township, Cumberland County, Pennsylvania, as set forth in the plan of partition drafted
by C.W. Junkins Associates, Inc., and dated January 1, 200 , to four sept
ature
VE-4 Q. l 0 Q-
Print name
Date: May -3 , 2004
I
VERIFICATION
The foregoing Complaint is based upon information which has been gathered by my counsel
in the preparation of the lawsuit. The language of the document is that of counsel and not my own.
I have read the document and to the extent that it is based upon information which I have given to
my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent
that the content of the document is that of counsel, I have relied upon counsel in making this
verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities, which provides that if I make knowingly false
averments, I maybe subject to criminal penalties.
1 --7
?
eL?
Eu ne E. Fail
or, Sr.
Dated: N\ Ay l a 2 oo y
R TIUS? ATA ILE\GcmmACuvrnN 1 iao-1 coma
n
?p h .p
terr'' A`)
IV)
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CA-
r '
MAY 17 2004(
EUGENE E. FAILOR, SR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERS QND COUNTY, PENNSYLVANIA
V. : NO. 04 - oC /` EQUITY TERM
JOHN E. FAILOR, SR., SARAH MYERS, : CIVIL ACTION - EQUITY
LAWRENCE M. FAILOR, and
CHARLENE SHAFFER,
Defendants : ACTION IN PARTITION OF REAL PROPERTY
ORDER
AND NOW, this day of 2004, in consideration ofPlaintiff s Complaint,
which is incorporated herein by reference, and the documents attached thereto, the relief requested
by Plaintiff and agreed upon by Defendants is GRANTED and it is hereby ordered, adjudged, and
decreed that this Court issue a decree in partition. Further, as requested by the parties listed above,
the real property described in the Complaint will be partitioned according to the plan in partition, as
set forth by C.W. Jenkins Associates, Inc., and attached to the Complaint as Exhibit "B," and more
specifically as follows:
ALL THOSE CERTAIN four tracts of land situate in North Middleton Township,
Cumberland County, Pennsylvania, bounded and described according to a Sketch
Plan prepared by C. W. Junkins Associates, Inc., dated January 1, 2004, and set forth
as follows:
TO: Charlene Shaffer
TRACT NO. 1: BEGINNING at a magnetic nail set in the legal right of way of North
Middleton Road, T-495 (33' wide) at the southeastern cornea of land now or formerly
of John W. & Susan C. Grenoble; thence along said land of John W. & Susan C.
Grenoble the following three (3) courses and distances: (1) North 30 degrees 57
minutes 04 seconds West 77.50 feet to a steel pin; (2) North 57 degrees 38 minutes
15 seconds East 19.90 feet to a steel pin; and (3) North 30 degrees 59 minutes 02
seconds West 165.83 feet to a steel pin set; thence along Lot No. 2 as shown on the
hereinabove mentioned Plan, North 64 degrees 04 minutes 25 seconds East 184.81
feet to a steel pin set; thence along land now or formerly of Sylvester M. & Doris M.
Wilson, South 25 degrees 55 minutes 35 seconds East 253.77 feet to a magnetic nail
set in the legal right of way of North Middleton Road, T-495; thence along and
through said North Middleton Road, South 66 degrees 55 minutes 57 seconds West
183.40 feet to a point, the Place of BEGINNING.
D
/lt
1 4'
G
UNDER AND SUBJECT to a 25' Access Easement as shown on the hereinbefore
mentioned Sketch Plan.
BEING Lot No. 1 on the hereinabove mentioned Plan and containing 1.032 acres.
TO: Eugene E. Failor, Sr.
TRACT NO. 2: BEGINNING at a steel pin set at the northwestern corner of Lot No.
1 as shown on the hereinabove mentioned Plan; thence along land now or formerly
of John W. & Susan C. Grenoble, North 30 degrees 59 minutes 02 seconds West
137.25 feet to a steel pin set; thence along Lots Nos. 3 and 4 as shown on the
hereinabove mentioned Plan, North 64 degrees 04 minutes 25 seconds East 471.66
feet to a steel pin set; thence along land now or formerly of Nelson L. Minich, South
50 degrees 49 minutes 03 seconds East 115.31 feet to a steel pin set; thence along
land now or formerly of Sylvester M. & Doris M. Wilson, South 69 degrees 00
minutes 00 seconds West 324.49 feet to a steel pin found; thence along same, South
25 degrees 55 minutes 35 seconds East 59.98 feet to a steel pin set; thence along said
Lot No. 1, South 64 degrees 04 minutes 25 seconds West 184.81 feet to a point, the
Place of BEGINNING.
UNDER AND SUBJECT to a 25' Access Easement as shown on the hereinbefore
mentioned Sketch Plan.
BEING Lot No. 2 on the hereinabove mentioned Plan and containing 1.214 acres.
TO: Sarah Myers
TRACT NO. 3: BEGINNING at a steel pin set at the northwestern corner of Lot No.
2 as shown on the hereinabove mentioned Plan; thence along land now or formerly
of John W. & Susan C. Grenoble, North 30 degrees 59 minutes 02 seconds West
245.71 feet to a steel pin set; thence along land now or formerly of Ethel E.
Buchenauer, et al., North 51 degrees 02 minutes 29 seconds East 56.01 feet to a steel
pin set; thence along same, North 22 degrees 29 minutes 01 second East 302.42 feet
to a steel pin set; thence along land now or formerly of Nelson L. Minich, South 50
degrees 49 minutes 03 seconds East 101.85 feet to a steel pin set; thence along Lot
No. 4 as shown on the hereinabove mentioned Plan, South 22 degrees 29 minutes 01
second West 253.22 feet to a steel pin set; thence along said Lot No. 4, South 50
degrees 49 minutes 03 seconds East 217.89 feet to a steel pin set; thence along Lot
No. 2 as shown on the hereinabove mentioned Plan, South 64 degrees 04 minutes 25
seconds West 204.28 feet to a point, the Place of BEGINNING.
UNDER AND SUBJECT to a 25' Access Easement as shown on the hereinbefore
mentioned Sketch Plan.
BEING Lot No. 3 on the hereinabove mentioned Plan and containing 1.500 acres.
TO: Lawrence M. Failor and John E. Failor, Sr.
TRACT NO. 4: BEGINNING at a steel pin set at the northeastern corner of Lot No.
2 as shown on the hereinabove mentioned Plan; thence along said Lot No. 2, South
64 degrees 04 minutes 25 seconds West 267.38 feet to a steel pin set; thence along
Lot No. 3 as shown on the hereinabove mentioned Plan, North 50 degrees 49 minutes
03 seconds West 217.89 feet to a steel pin set; thence along same, North 22 degrees
29 minutes 01 second East 253.22 feet to a steel pin set; thence along land now or
formerly of Nelson L. Minich, South 50 degrees 49 minutes 03 seconds East 403.19
feet to a point, the Place of BEGINNING.
BEING Lot No. 4 on the hereinabove mentioned Plan and containing 1.729 acres.
BY THE COURT,
- J.
o?
ba
gyp.
LAWRENCE E. FAILOR, SR., : IN THE COURT OF COMMON PLEAS M
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - EQUITY
?ltb9
JOHN E. FAILOR, SR., NO. 2004 2445 EQUITY TERM
SARAH MYERS,
LAWRENCE M. FAILOR, and
CHARLENE SHAFFER, ACTION IN PARTITION OF
Defendants REAL PROPERTY
PRAECIPE FOR ENTRY OF APPEARANCE
To Curtis R. Long, Prothonotary:
Please enter my appearance on behalf of the defendant, ]LAWRENCE M. FAILOR, in
the above captioned case.
Respectfully submitted,
IRWIN & McKNIGHT
By:
Marcus A?McKnight, it, h uir
60 West Pomfret Street
Carlisle, Pennsylvania 17013
(717) 249-2353
Attorney for defendant,
Lawrence M. Failor
Date: May 24, 2004
LAWRENCE E. FAILOR, SR., : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - EQUITY
JOHN E. FAILOR, SR., NO. 2004-2145 EQUITY TERM
SARAH MYERS,
LAWRENCE M. FAILOR, and
CHARLENE SHAFFER, ACTION IN PARTITION OF
Defendants REAL PROPERTY
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Carl C. Risch, Esquire
Christopher E. Rice, Esquire
Ten East High Street
Carlisle, PA 17013
IRWIN &
By: Marcus A. MKnight, III,%s
60 West Pom ret Street
Carlisle, PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: May 24, 2004
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Creased: 5/14/04 9:24AM
Revised'. 594/04 I026AM
EUGENE E. FAILOR, SR.,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2+(09
NO. 04 - 34+?r EQUITY TERM
JOHN E. FAILOR, SR., SARAH MYERS, : CIVIL ACTION -EQUITY
LAWRENCE M. FAILOR, and
CHARLENE SHAFFER,
Defendants : ACTION IN PARTITION OF REAL PROPERTY
ACCEPTANCE OF SERVICE
I accept service of the Complaint in the above captioned action that was filed on May 14,
2004, in the Prothonotary's Office of the Court of
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EUGENE E. FAILOR, SR.,
Plaintiff
V.
JOHN E. FAILOR, SR., SARAH MYERS,
LAWRENCE M. FAILOR, and
CHARLENESHAFFER,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
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NO. 04 - EQUITY TERM
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CIVIL ACTION - EQUITY
ACTION IN PARTITION OF REAL PROPERTY
ACCEPTANCE OF SERVICE
I accept service of the Complaint in the above captioned action that was filed on May 14,
2004, in the Prothonotary's Office of the Court of Common Pleas.
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Created 5/14/04 9 24AM
Reused. 5/14/04 10 26AM
EUGENE E. FAILOR, SR.,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
alul
NO. 04 -5 EQUITY TERM
JOHN E. FAILOR, SR., SARAH MYERS, : CIVIL ACTION - EQUITY
LAWRENCE M. FAILOR, and
CHARLENESHAFFER,
Defendants : ACTION IN PARTITION OF REAL PROPERTY
ACCEPTANCE OF SERVICE
I accept service of the Complaint in the above captioned action that was filed on May 14,
2004, in the Prothonotary's Office of the Court of Common Pleas.
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Created. 5/14/04 924AM
Rcrosed'. 5/14104 1026AM
EUGENE E. FAILOR, SR.,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
2 ?7
NO. 04 - Ag3 EQUITY TERM
V.
JOHN E. FAILOR, SR., SARAH MYERS,
LAWRENCE M. FAILOR, and
CHARLENE SHAFFER,
Defendants
CIVIL ACTION - EQUITY
ACTION IN PARTITION OF REAL PROPERTY
ACCEPTANCE OF SERVICE
I accept service of the Complaint in the above captioned action that was filed on May 14,
2004, in the Prothonotary's Office of the Court of Common Pleas.
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Defendant
Date
Mailing Address,
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Curtis R. Long
Prothonotary
Office of the Protbonotarp
Cumberfantl Countp
Renee K. Simpson
Deputy Prothonotary
John E. Slike
Solicitor
. 10'y - A I (0 9 CIVIL TERM
ORDER OF TERMINATION OF COURT CASES
AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF
INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE
CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA
R C P 230.2.
BY THE COURT,
CURTIS R. LONG
PROTHONOTARY
One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573