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HomeMy WebLinkAbout09-6158TRACT NO.2 BEGINNING at stones joining lands (now or formerly) of John C. Parker on the North and J. Daron; thence by lands now or formerly of John C. Parker and others, North 85 %z degrees East, sixty-two and five-tenths (62.5) perches to stones; thence by lands now or formerly of J. Beistline and others, South 30 degrees East, twenty-four and five-tenths (24.5) perches to stones; thence by lands now or formerly of W. H. Miller, South 85 degrees West, sixty-four (64) perches to stones; thence by lands (now or formerly) of Daron and Senseman, North 26 degrees West 24.5 perches to stones, the place of BEGINNING. CONTAINING 10 acres and 40 perches. BEING the same premises described in Deed Book "Q", Volume 12, Page 290. 3. Included in the above-described conveyance to Petitioners was the Grantors' right, title and interest in that certain Mutual Right-of-Way Agreement dated May 31, 1984, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 295, Page 946, providing a right-of-way to Petitioners' Property (hereinafter referred to as the "Mutual Right-of-Way Agreement"). A true and correct copy of said Agreement is attached hereto as Exhibit "B". 4. The Mutual Right-of-Way Agreement as described above and attached hereto as Exhibit "B" provides the only access to Petitioners' Property by way of a twenty (20) foot wide easement emanating from Dean's Gap Road, also known as the Appalachian Trail, and continuing approximately 3650 feet across lands previously owned by LaVerne L. Dymond, Jr. and William H. Moyle and Jane H. Moyle, and now owned by the United States of America, by virtue of that certain Deed dated February 18, 1987, from The Appalachian Trail Conference, recorded July 14, 1987 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book U, Volume 32, Page 439. A true and correct copy of said Deed is attached hereto as Exhibit "C". 5. Petitioners have been unable to consistently access Petitioners' Property by way of the right-of-way granted in the Mutual Right-of-Way Agreement since the United States of America has erected a gate along the Appalachian Trail impeding Petitioners' access. A sign posted on the gate states that travel shall only be on foot and lists the following prohibited uses: tree cutting, all motorized vehicles, horses and pack stock. See Attached Exhibit "N". Additionally, Petitioners frequently encounter fallen trees and overgrowth across the mountainous right-of-way further restricting access to their property. As a result, Petitioners only have limited pedestrian access to Petitioners' Property, no vehicular access and are prohibited from clearing obstructions on the right-of-way, rendering the Petitioners' Property essentially landlocked. 6. A private road is necessary in order for Petitioners to have access to Petitioners' Property since access by way of the current right-of-way is limited, extremely difficult and burdensome. 7. Elmer E. Krout, Jr., and D. Joanne Krout are fee simple owners of the real property commonly known as 126 Glendale Drive, Silver Spring Township, Cumberland County, Pennsylvania, by virtue of that certain Deed dated May 12, 1978 and recorded May 18, 1978, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book U, Volume 27, Page 371 (hereinafter referred to as the "Knout Property"). A true and correct copy of said Deed is attached hereto as Exhibit "D". 8. The Krout Property is adjacent to Petitioners' Property and has access to Glendale Drive, a public road, by virtue of two (2) separate Right-of-Way Agreements. The first of said Right-of-Way Agreements was granted March 15, 1980, by Howard G. Houck, Jr. and Sharon E. Keckler across real property now owned by Carrol F. Tracey, and was recorded on March 19, 1980, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 252, Page 276. The second of said Right-of-Way Agreements was granted February 29, 1980, by Joseph T. Barrick across real property now owned by Joseph M. Barrick and Gary A. Barrick, and was recorded on March 19, 1980, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Miscellaneous Book 252, Page 279 (hereinafter jointly referred to as the "Existing Right-of-Way"). True and correct copies of said Right-of-Way Agreements are attached hereto as Exhibits "E" and "F", respectively. 9. Carl F. Myers and Esther Elizabeth Myers together with their daughter, Carrol F. Tracey, are fee simple owners of the real property commonly known as 117 Glendale Drive, Silver Spring Township, Cumberland County, Pennsylvania, by virtue of that certain Deed dated June 25, 1993 and recorded August 30, 1993, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book M, Volume 36, Page 613 (hereinafter referred to as the "Myers Property"). A true and correct copy of said Deed is attached hereto as Exhibit «G„ 10. The Myers Property is adjacent to the southern boundary line of Petitioners' Property and the Krout Property. 11. Joseph M. Barrick and Gary A. Barrick are fee simple owners of the real property commonly known as 122 Glendale Drive, Silver Spring Township, Cumberland County, Pennsylvania, by virtue of that certain Deed dated April 12, 1985 and recorded April 12, 1985, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book E, Volume 31, Page 934 (hereinafter referred to as the `Garrick Property"). Upon information and belief, Joseph E. Barrick, who was an additional Grantee in said Deed, died on July 18, 2000, vesting fee simple title by operation of law in the remaining joint owners with right of survivorship, Joseph M. Barrick and Gary A. Barrick. A true and correct copy of said Deed is attached hereto as Exhibit "H". 12. The Barrick Property lies east of and is adjacent to the Krout Property and the Myers Property. Furthermore, the Barrick Property is burdened by the Right-of-Way Agreement described supra and attached hereto as Exhibit "F". 13. Carrol F. Tracey is fee simple owner of the real property commonly known as 104 Glendale Drive, Silver Spring Township, Cumberland County, Pennsylvania, by virtue of that certain Deed dated October 23, 2006 and recorded October 24, 2006, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 277, Page 1237 (hereinafter referred to as the "Tracey Property"). A true and correct copy of said Deed is attached hereto as Exhibit "I". 14. The Tracey Property lies south of the Barrick Property along Glendale Road and is burdened by the Right-of-Way Agreement described supra and attached hereto as Exhibit "E". 15. Gary A. Barrick and J. Michael Barrick are fee simple owners of the real estate commonly known as 106 Glendale Drive, Silver Spring Township, Cumberland County, Pennsylvania, by virtue of that certain Deed dated January 9, 2003 and recorded January 9, 2003, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 255, Page 1381 (hereinafter referred to as the "J. Michael Barrick Property"). A true and correct copy of said Deed is attached hereto as Exhibit "J". 16. The J. Michael Barrick Property lies in the southern portion of the Barrick Property along the Existing Right-of-Way. The Deed attached hereto as Exhibit "J" includes a right-of-way grant over the Existing Right-of-Way for access from the J. Michael Barrick Property to Glendale Drive. 17. Jeffrey A. Wilbur and Holly J. Wilbur are fee simple owners of the real property commonly known as 132 Glendale Drive, Silver Spring Township, Cumberland County, Pennsylvania, by virtue of that certain Deed dated March 26, 2004 and recorded April 1, 2004, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 262, Page 1510 (hereinafter referred to as the "Wilbur Property"). A true and correct copy of said Deed is attached hereto as Exhibit "K". 18. The Wilbur Property is adjacent to the eastern boundary line of the Krout Property and is north of the Barrick Property. The Wilbur Property has access to Glendale Drive by way of the Existing Right-of-Way over the Barrick Property and the Tracey Property as reserved to their benefit in the Deed attached hereto as Exhibit "K". Moreover, the plan referenced in said Deed and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 30, Page 77, depicts said Existing Right-of- Way as well as a fifty foot (50') Utility Right-of-Way that runs along said Existing Right-of- Way shown as an existing gravel drive thereon. A true and correct copy of said Plan is attached hereto as Exhibit "L". 19. Petitioners respectfully request the opening of a private road from the end of Glendale Drive to Petitioners' Property utilizing the Existing Right-of-Way over the Barrick Property and the Tracey Property, attached as Exhibits E and F, and extending approximately 500 feet across lands of either Myers or Krout to Petitioners' Property. 20. Glendale Drive is a public road in close proximity to Petitioners' Property, the land on the Krout Property and/or the Myers Property is well suited for a private road, and little injury will result to private property as there is an Existing Right-of-Way connecting the Krout Property to Glendale Drive. 21. In the alternative, Petitioners propose a second option for the opening of a private road to provide access to Petitioners' Property. 22. Ronald L. Crandy is fee simple owner of the real property commonly known as 134 Willow Lake Drive, Silver Spring Township, Cumberland County, Pennsylvania, by virtue of that certain Deed dated April 18, 1986 and recorded September 16, 1994, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 111, Page 1107 (hereinafter referred to as the "Crandy Property"). A true and correct copy of said Deed is attached hereto as Exhibit "M". 23. In the alternative, Petitioners respectfully request the opening of a private road from the Southwest comer of Petitioners' Property designated as Tract 1 on the deed attached hereto as Exhibit A, extending South along the Western boundary of the Myers Property, known as 117 Glendale Drive, then going West across the Southwestern boundary of the Crandy Property and extending to Willow Lake Drive. 24. Willow Lake Drive is a public road in close proximity to Petitioners' Property, the lands on the Crandy Property and the Myers Property are well suited for a private road, and little injury will result to private property based on the location of the proposed private road. 25. Due to the topography of the surrounding mountainous properties, the two alternatively proposed private roads present the only reasonable locations for access to Petitioners' Property. 26. After a determination that the private road requested is necessary, Petitioners shall pay reasonable statutory damages to the affected property owners as assessed by the Board of Viewers. WHEREFORE, Petitioners respectfully request the following from this Honorable Court: (a) Commence a proceeding to open a private road pursuant to 36 P.S. § 2731, et seq. ; (b) Appoint a Board of Viewers to view the proposed private road site and file their report with this Honorable Court as required under 36 P. S. § 2731; (c) Enter an order establishing a private road pursuant to 36 P.S. § 2732 for ingress and egress to and from Petitioners' Property; (d) Instruct the Board of Viewers to assess reasonable damages sustained by the affected property owners to be paid by Petitioners pursuant to 36 P.S. § 2736; and (e) Any and all other relief to which Petitioners may be entitled hereunder. Respectfully submitted, SALZMANN HUGHES, P.C. ?-I V G" Bryan Sal ann, squire Attorney ID No. 61935 Susann B. Morrison, Esquire Attorney ID No. 77041 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Telephone: (717) 249-6333 Facsimile: (717) 249-7334 Attorneys for Petitioners, Gary E. McMullen and Jodi L. McMullen VERIFICATION We hereby verify and acknowledge that we have read the information set forth in the foregoing PETITION FOR THE APPOINTMENT OF A BOARD OF VIEWERS and that the facts stated therein are true and correct to the best of our knowledge, information and belief. We understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsifications to authorities. G E. McMullen, Petitioner 4?f Jodi . McMullen, Petitioner 0 C,w-,f 3Z 1 4 , :L,ewIa IBIS DRED, zoo, ?aN 29 fl? 1119 MADE TUE _Ittday of January in the year two thousand seven (2007) BETWEEN LEWIS E. SPEESE and MARYANN B. SMESE, his wife, of York Springs, Adams County, Pennsylvania, hereinafter called Grantors, AND GARY E. McMULLEN and JODI L. McMULLEN, his wKe, of Aspers, Adams County, Pennsylvania, hereinafter called Grantees: WITNESSEM, that in consideration of the sum of Two Hundred Fifty Thousand and no/100 ($250,000.00) Dollars, the receipt whereof is hereby acknowledged, the said Grantors do hereby grant and convey unto the said Grantees, their heirs and assigns, as tenants by the entireties, ALL those two certain tracts of land in the Township of Silver Springs, Cumberland County, Pennsylvania, bounded and described as follows: ON the North by lands formerly of Abram Bowman, deceased, on the East by the land formerly of John L. Kutz, deceased, on the South by land formerly of Ralph Myers; and on the West by land formerly of Tolbert Vogelsong. CONTAINING 22 % acres, more or less. BEING the same premises described in Deed Book `F', Volume 12, Page 63. BEGINNING at stones joining lands of John C. Parker on the North and J. Daron; thence by lands now or formerly of John C. Parker and others; North 85 Sys degrees East, sixty-two and five-tenths (62.5) perches to stones; thence by lands now or formerly of J. Beisdine and others; boor V8 pcr2W i r South 30 degrees East, twenty-four and five-tenths (24.5) perches to stones; thence by lands now or formerly of W. H. Miller, South 85 degrees West, sixty-four (64) perches to stones; thence by lands of Daron and Senseman, North 26 degrees West 24.5, perches to stones, the place of BEGINNING; CONTAINING 10 acres and 40 perches. BEING the sauce premises described in Deed Book "Q", Volume 12, Page 290. TOGETHER with the right, title and interest of the Grantor in an Agreement dated May 31, 1984, recorded in Miscellaneous Book 295, Page 946, providing for a right-of-way to said premises. BEING the same premises which Catherine E. Vogelsong, granted and conveyed to Lewis E. Speese and Maryann B. Speese, husband and wife, Grantors herein, by deed dated September 26, 1986 and recorded in the Office of the Recorder of Deeds of C umbaiand County in Deed Book `F", Volume 32, Page 1032. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WS'EREOF, said Grantors have hereunto set their hands and seals the day, month and year first above written. SkgM 4 Sealed and DeUvered In 64e presence of (SEAL) E, ANN B 2 BOOT( M PAQ, . i COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND , On this, the g- day of January, 2007, before me the undersigned officer, personally appeared LEWIS E. SPEESE and MARYANN B. SPEESE, his wif , 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. IN WITNESS WHEREOF, I hereunto set my hand and seal. 1211mam OF P?le7-- W& 9 - 9 9 ?*& s- Noel, NorrY lubSEAL) ? N Pablic Ly? R pec I I r,211 do hereby certify that the precise residence and complete post office address of the within named Grantees is 631 CnyQj fj4Wt 74VW , * - J73o y January , 2007 Attnneep Gees IRWJIV & McKNIGHT ArMRNEYS AT LAW 60 Wet Pemfivt street GrW PA 17013 717-241-2333 a+ 3 r ?as??gsi?sggl??s R?,c;;•-der of Deeds I Certify this to be recorded In Cumberland County PA r 2718 owcean Exti-bIj g '84 NAY I I h 5 MUTUAL RIONT-OF_VAY AGREEMENT THIS AGREEMENT made this 'f day of May, 198A.: by and between CATHERINE 2. VOCU SONG, of R.D.4, Mechanicsburg, Cumberland County, Penn- sylvania, LaVERNE L. DYMOND, JR., of Fayetteville, PA 19222, WILLIAM H. HOYLE and JANE H. HOYLE, his wife, of R.D.31 Carlisle, Pennsylvania, 17013, parties of the first part, grantors, A N D CATHERINE E. VOOELSONO, of R.D.4, Mechanicsburg, Cumberland County. Pennsylvania, LaVERNE L. DYMOND. JR., of Fayetteville, PA 17222, WILLIAM H. HOYLE and JANE R. MOYLE, his wife, of R.D.3. Carlisle, Pennsylvania, 17013, parties of the second part, Grantees, HITNSSSETHs That in consideration of the mutual agreements between the said parties and the mutual benefits accruing to each of the said parties hereto, the Craatorn, intending to be legally bound, do hereby grq?nt and convey each to the said Grantees, their heirs and assigns. the right-of-way for purposes of ingress, egress and regress to and from the hereinafter the right mentioned treaty of land, end/to improve and maintain said right-of-way at all times hereafter and forever, aid right-of-ray being situate partly in Middlesex Township and partly in Silver Spring 1ownshlp, Cumberland County, Pennsylvania, and being twenty (20) feet in width and extending north- Outwardly from Damn's Cap Road. formerly MeyersI Cap Road, and also (mown as the Appalachian Trail, across land of Voselsong a distance of approxi- mately 300 feet; continuing across land of Dymond as described in deed recorded in 26 OF" 537 and now about to be conveyed to Stephen Dick, a distance of apprcxiwately 900 het; turning eastwardly across the mouth. eastern Corner of lands of Hoyle as described in 27 •F". 123 and continuing eastwardly across other lands of Dymond as described in 25 *PH 394 a distance of approximately 2450 feet to land of Voge Long, and there to f Provide access to Vogelsang to two oontiguoue tracts of land containing 10-25 acres and 22.5 sores respectfully and being Tract No. 2 as reoordsd in 22 "k" 126 and Tract No. 7 as recorded in 26 48" 331. It is the express intent sOd purpose of this right-of-way agreement to provide access to each of the tracts herein mentioned over the intervening tracts between said tract and Dean's Gap Road. The parties hereto intend that this agreement shall be legally • binding upon themselves, their heirs, successors and assigns. IN WITNRW WNBR60p the parties hereto have hereunto set their hands and seals the day and year first ibaye written. coat 293 PAGE 947 f c &kitj? 0 w a a u y4 F 0 a ?Y+ G d a ag S 0 F a b7 WARRANIR DEED THIS INDENTUEB, made this jaH, dap of oew,,.,Yy , 19 87 ,tip and between THE APPALACHIAN TRAIL OONPBRENCE, a eon-profit corporation organized and existing under the lows of the District of Columbia, and having its principal place of business at P. 0. Box 807, Harpers Parry, West Virginia 254250 hereinafter referred to as the GRANTOR and the UNITED STATES OP ANBRICA, Washington, DC 20240, hereinafter referred to as the ORANIEE. WITMSMB WHEREAS, the National Trails System Act, Public Law 90-543 (82 Stat. 919), an amended, hereinafter referred to as the ACT, designated the Appalachian National Seoul@ Trail, hereinafter referred to as the TRAIL, as a part of a national system of trails in order to provide for the ever-inersaving outdoor recreational needs of an expanding population and in order to promote public access to, travel within, enjoyment of, and appreciation for the outdoor areas of the Nation, and to provide for the eoaservation and enjoyment of the nationally significant scenic, historic, natural and cultural qualities of the Trail; and, WHEREAS, SECTION 7 of the Act outborizes.the Secretary of the Interior, hereinafter referred to as the SBCRETART, to acquire lands or intereste'in lands within the right-of-way of the Trail suffieie* tq z ti 4: M assure perpetual use and protection for the purposes providad WW eSO++R a O .v J O l'a ACti and, ,.. ra o Sy t9 O .? . '.? O M J w -C . WNRRRAS. the Socratarys acting by and through tba National park Service, has determined that it is necessary in order to preserve and protect the Trail for the purposes provided is the Aet to acquire fee simple title to this •Certain tool property owned by the Grantor; NOV TNEAEPORR. the Creator, in consideration of the sum of TWENTY-ONR T8099MM TM MU D)RRD AND N01100 DOLLARS (¢21,200.00), the . receipt and sufficiency whereof are hereby acknowledged, does hereby grant, bargain, sell and comvay with GENERAL WARRANTY of. title unto the said Grantee and its assigns, in fee simple, foravar, the • ee following-described propertyt Tract 363-21 All that certain tract or parcel of Load lying and being situated in VAddlesex Township, Cumberland County. Commonwealth of Pasmsylvamia, and being more particularly described as follows: DECINKING•at a stone and steel pin, ma;king.a corner common to Ian". awr or formerly,-of Roy A. Sayler, Jr., at ux, lender now or formerly, of George W. Thomas, at al, lands, mow or formerly, of Elmer L. Ritter, at al, and subject owmar; thmaee, with the property lime of said Rittet, North 00' 411 34" not, 402.99 feet to atones and steal pie, marking another corner common to said Ritter and subject owner, said stoles and steel pin also being a point on the property line of lands, now or formerly, of Appalachian Trail Ranch. Incorporated; Ounce, with the property line of.said Appalachian Trail Raacb and than with the.property line of laude purported to be owned by'the Commoawaaltb of Pennsylvania, State Game Lands Numbei 110, South 84' 19' 14" East; 2,400 fast to a corner oommoa to lands,'now or formerly, of Layer- L. Dymond, Jr.. at al. Rxecutors, and subject owner, said corner also being a point on the•division line between Middleaex Township and Silver Spring Township; thence,- with' sold. Township Line and the property line of said Dymond, South 27' 061 23" West, 348.08 fast to another corner common to said Dymond and subject owner.- &&Ueoreer-also being-&.point om-the-property-11OW-4f- lauds* now or formerly, of Richard C. Paulus, at ux; thence, with the property line of said Paula. lands, now or formerly, of Lester T. and Alda W. Sbaely and Muds of said Snyder, North 86' 1W 09" West. 2.239.13 feet to the point of beginning. 2 _ V 32 440 • I? i i Containing 19.27 acres, more or less. The above-dascribed parcel, designated as Trent 363-219 Appalachian National Scenic Trail, is all of the same land ,,tired by The Appalachian Trail Conference from William N. Moyle, at ax, by dee'd dated February 28, 1965 and recorded March 12, 1965 in Deed Rook D, Vol. 31, Page 581, in the Office for the Recording of Deeds of Cumberland County, Commonwealth of Pennsylvania. FURTHER REFEREK's 18 .MADE TO A SURVEY FOR 1.ATERNE DTWWS JR., ET TOM" AND ASSOCLITEB, SURVIVORS, DATED OOMM It. 1977 AND IMBED NOVEMBER 8, 1977, VI1CR IURVEV IS RECORDED WITS A PRIOR DEED AT DIED "m P. VOLUIR 27, PAGE 123, IN THE OFFICE 1118 THE RECORDING or DEEDS OF.IUKOEELAND•000NTV, OMMONUTALTR OF PUMMTANIA. T01iiTRLR with all rights, heraditamsats, easm uts and appurtenances thereto belonging unto and to the Grantee and its assigns, forever, in fee simple. free and clear from all lions and encumbrances except as specifically excepted or reserved heraisbelow. together with all right. title and interest which Grantor may have in and to water rights, banks, beds, and waters of any stream or river bordering or traversing the land. and in and to say allays, roads, streets, ways, strips. Sores or railroad rights-of-way abutting or adjoining said land. TIE LANDS herein acquired are for the use of and the development by the National Park Service, United States Department of the Interior. smutCT only to those rights outstanding in third parties for existing easements for public roads and hig ways, public utilities. railroads and pipelinesj 4ad aleg subject tom 1. A right-of-way as rscorded in Deed Rook P-21.•Page 123, Cumberland County, Pennsylvania Records. 2. A rigbt-of-way as recorded in Miscellaneous look 295, Page 946, Cumberland County, Pennsylvania Racorda. 3. Toe aforssai4- n ta-of•yryt_as?alao of-record-in-Dead. Rook P-319 Fags 381. C4m6erlaad Cpum7. Paansylvaaia Rscords. O32 W 441 i i i i i TO GAVE AND TO HOLD the said preiises together with all and ' singular the 'rights and Privileges thereto belongias unto the said Grantee and its assigns in fee simple forever. THE SAID GRANTOR covenants that it has the right to convey said land= that it has done no act to encumber the same; that the said Grantee shall have quiet and peaceful possession of the some, free and Clear from any and all encumbrances; that it will warrant generally the Property hereby Conveyed; and that it, the said Grantors will execute such further "sureness of the said land as may be requisite. o e III WITNESS WM=W, The Appalachian Trail Conference has bereunto caused these presents to be executed and its corporate seal to be hereunto affixed this 18th day of Fab a 19 87 THE APPALACHIAN TRAIL CGMBaREMa ... Attested ?+? • COMSPORdins Secretary (CORPORATE SEAL) !OU awk)32 ?. 442 i • West STATE OF Virginia) ) so. COUNTY OF Jefferep On this IM day of February , 19JI . before se, the undersigned officer, personally appeared David N. Startsell , who acknowledged' himself to be the Executive Director , of The Appalachian Trail Conference, the foregoing corporation, and that an such, he. being authorised by such corporation to do to, executed the foregoing dead for the purpose therein contained by signing big name thereon as such. IN WITNESS WHEREOF; I have hereunto set my hand end official seal. OFMCIALUK -- NOW 00aft !ice ie_ M9 CNwsWN %V W Ap f 3L "03 Notary public n ?. sr W era era rv ran My sift Expirest April 20. 1995 TRANSFER TAX EXERTION RECITAL The Grantee herein has authority to condemn the above-daseribed land pursuant to the Adt of Congress, dated August 1-. ION. 25 Star. 357. as attended, 40 U.S.C., sec.. 257. and the Act of Congress dated February 26, 1931, 46 Stat. 1421, as amended. 40 U.S.C., sec. 25Ea, and under the further authority of the Act of Congress approved October 29 1968, 82 Stat. 919, as amended, 16 U.S.C., sec 1241, at s ., which authorises the acquisition of land for the Appalachian National Scenic Trail. This deed is made in lieu of condemnation proceeding brought by the Orantaa herein by virtue of the above-cited authorities; therefore. this conveyance is tax-exampt pursuant to Section 414(b) of the Commonwealth of Pesssylvania Realty Transfer Act and Regulations. This deed was prepared by the National Park Service, Appalachian Trail Land Acquisition Office. Martinsburg, West Virginia. The precisi name and address of the herein named Grant ?a Uni States of America. Weshington, DC 40240. I \ Is cuff \ S ?r ra1 0042 nec 443 .y? • Mt w.w 6re1 fae . _ ?[ tam T ' Q A - ? ,(?ne, (ti' ??tl a?e a« w.l )04 1 2G! ?[9Y,;?_ 1 1 I I 1 f• 0 wow med b eeee b. . 1 1 0 T(M/It N 111/rMdal OM??IM A?Iley, ..r.1. ? ? Ti?rter M Apo or tfienr trq, (AMA seer of e,eeC)AU Mlh M!a 0. ? TarGr ?eM?en + NiMMi of seat. Weiw agq/alw }Iw1 Nr«el..q i?lt ?ei? MMr Atd t ' ..?? NGwlMliweetlyArY?ied=NbyailfhNnwaNMlleeb?4?ede?a,ae/aw?a?rM?Mr?fadawMr?(AMdI ? TiwGr Fnw N N Iletfa ?! • I IApp le A?IeeM l W4"G GOA Nw" , ?aoe NewMr , ? Oelredtre A?ei vft6 a" ettAe pdw ieedJ. 0 r GM?? mew w p.Y.e oft* ap of 1 ? fN?er ?le°" glete"wlee? .1taAir Miiii?fii .J :Vwbelh! ?ttw dwMeRlMwwrlil.? Mew MiNMMMd1?41e?wMiN Ylld awi ti N Mw% amned+ai ee?yMN, . e,.a PO 444 1 ? xti??? ?? 20t•TIT---W.rr.ntl' V-I. Short form. let of I909. Sinrl. She-(. 11.nrr IS.11, inc., Indinnn, Pr. ,y MADE THE day of in the year of our Lord one thousand nine hundred seventy-eight (1978) BETWEEN SMITH E. NEIBERT and SHARON NEIBERT, his wife, of the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, Grantor a, and ELMER E. KROUT, JR. and D. JOANNE. KROUT, his wife, of the Township pf Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, Grantee v W{TNESSETH, tha! in consideration of SIX THOUSAND and N01100---------- - ---------------- --- Dollars, in hand paid, the receipt whereof is hereby acknowledged, the said grantors do hereby grant and convey to the said grantee s r their heirs and assigns, ALL THAT CERTAIN tract of mountain land situate in the Township of Silver Spring, County of Cumberland and Commonwealth of Pennsylvania, bounded and described according to a survey made by George W. Walker, Professional Engineer, dated June 28, 1967, as follows, to wit: BEGINNING at a point at other land now or late of Emma Nora Neibert, being; the northwest corner of tract of land conveyed to George H. Neibert and Shirley M. Neibert, his wife, of which this was a part; thence along the line of said other land now or formerly of Emma Nora Neibert, and conveyed to George }i. Neibert and Shirley M.•Neibert, his wife, South 03 degrees West, 1135 feet, more or less, to a point; thence by the same, South 03 degrees West, 132 feet, more or less, to a point in the line of lvnd.ofJ. Barricks; thence South 72 degrees 45 minutes West, 66.a feet to a stone; thence North 02 degrees 30 z7inutes West, 145.20 feet, more __.or l.i,ss., ts1 m...stcne--pd_le;.--thence South--85---dezrees-West. 425.7 feet, more or less, to a stone pile; thence North 03 degrees East, 1135.20 feet to a pine stone pile; thence North 85 degrees 30 minutes East, 506.50 feet, more or less, to the point and place of BEGINNING. CONTAL41NO 13 acres, more or less. I TOGETHER with the right in the grantees herein, their heirs and assigns, in and to the use and/or right of ingress, egress and regress, in, over and along all rights-of-way visible and of record leading to the tract herein conveyed from public highways including certain rightYof-way contained in deed of conveyance in the Cumberland County Recorder's Office in Deed Book "G," Volume 3, Page 438, and bearing date the 4th day of April, 1867. BEING the sauce premises which John S. Neibert and Margaret R. Neibert, his wife, by their deed dated November 15, 1975 and recorded in the Office of the Recorder of Deeds of Cumberland County, Pennsylvania, in Deed Book "I," Volume 26, Page 389, granted and conveyed unto Smith E. Neibert, one of the Grantors herein. fewuhtp of ....... r: tr::'. Cumb.'Co.. 'P& Cz I% Red Estate Treetfer TA:x Cvm**b. Ce.. 01 M. Col. Ali. /t-L2-/ N u Ree Estate Transfer Tax evmb. Co. Dist. Col. All. AV` C:C:`Ah?:J•"•::li?1i'„ Ui .Ni," AND the said grantor hereby covenant and agree that they and each of them will warrant generally the property hereby convoyed. ovals ? 27 FACE 31,1 rL Ci:i?,!?il: f:.. i OF ?kcVf.hlUi: lAX 8'79 I L_? -0. 010 e IN WITNESS WHEREOF, said grantors hove hereunto set their hands and seals the day ano year first above writtrn. 81nlt.1???1'?I:?UE:2•C in the }Irrsenre aF M.AL 4-1-VRge ert ............?.._.-......_ ............. .....-...... M AM Stale of Penn:3ylvani ss. County of Cumberland On this, the day of 19 78, before me, the undersigned o4lcer, personally appeared SMITH E. NEIBERT and SHARON NEIBERT.-his wife, known to me (or satisfactorily proven) to be the persons whose name s are ygscri§bd to the f in Instrument, and acknowledged that they executed some for the purposepihe>r2in .n ' IN WITNESS WHEREOF, t hereunto set my hand and official seal. 6F.AI. ' Pin= .- -' ?xcfi5et 147 _ __ fleet C>v+?ctwd PaeA41 'tqTitle of Officer. 'i a I do hereby certify that the precise residence and complete post office address o1 the within named grantee is 29 Willow Terrace Drive, Box 195, R. D. 4, Mechanicsburg, Yu. 17055 May I 19 78 Attorney for +1 N 44 4t Y•1 p? ,G /G.? 1 4 9 E W W 0 a• CO 0 W A MMO ALTH ' F P NNSI'IVAIi1A Coun e -?Z c b XA.u =90C? x w scV''h ? q. Y'RV, o I is L.2_..l . day of _• - - RECORDED ym ecorder's office of the said County, in Deed ok A. D. 19_ _ _the R Vol. .page Given under my :,and and, th'e seal of the said office, the dote above written. Recorder. BOOK 27 mrf 372 t i i i i I Exa;6,+ E 3 f : l 3 f 1 t 1 i r •t RIGHT-OF-WAY AGREEMENT BETWEEN HOWARD 0. HOUCK, JR. and SHARON B. KECKLER, of Silver Spring- Township, Cumberland County, Pennsylvania, hereinafter called parties or the first part, AND ELMER E. XROUT, JR. and D. JOANNE KROUT, his wire, of Silver Spring Township, Cumberland County, Pennsylvania; hereinafter called parties of the second part. NOW VA13 AGREEMENT WITHESSETkt THAT: Whereas. the.parties hereto are owners of tracts or land on or near Bistline Road•in Silver Spring. Township, Cumberland County, Pennsylvania; and that Whereas, the land of the parties of the second part is landlocked; and that Whereas the parties of the first part have agreed to grant a right-of-way. to the parties of the second part; TT IS THEREFORE AGREED AS FOLLOWS: 1. That in consideration of the sum of $1,000.00 in hand paid by the parties of the second part to the parties of the first part, receipt of which is hereby acknowledged, the parties of the first part grant and convey to the parties of the second part their heirs and assigns the free and uninterrupted right or ingress, egress and regress over the eastern line of their property, said right-or-way being 30.00 feet, wide and 266.40 feet long and going from D'Istline Road to the property of Joseph T. Barriek; 2. The parties of the -second•part agree to be fully responsible -1- an 252 aw 276 .1. for the maintenance of Biid right-of-way along with Joseph T. aarricky 3. This right-of-way shall be for the purpose of serving a single residence to be erected upon the land of the parties of the second. Part; u?d 4. The Parties hereto agree to be legally bound hereby IN HITN8S3 StHHRBOF, we have hereunto set oar hands. and seals hie q?. day of 1980. ti pie y . s0 NITN$SSs C ,,. (3ZAL) jpr. owar . ou , kn(O am to on 2ft= -? (SEAL) :assn a er r : • m ma a xsue tlnn" s 19b.LlA„ tGs.a„ !!,. 4jLA,,.;.,Jw, N. 11w f {t (3R) ?y (SEAL) . e on OOMMONNt" OF PENNSYLVANIA) COUM or OVMSERLAND) SS. beforee this,no the- rs' day of • &A". .1980, aPpesxsd HOWARD o, the ann$ gae o eer, personally G. HOUp(, JR. and SHA160l1 Z. t Rum E. ,•h1tRU?x.TR. and D. JOAM 7CROOT,•known to we (pr oatiitACtorily Up be the parsons whose name are sabsoribed to the .;• O Atrdment,*and acknowledged that they executed the same z.` !pn se therein contained. e' z;?331iINES5 FttigREOF', have hereunto set rq? hand and notarial • ti:•? o argRY.r.?• 252 rIY,E i:77 a.+.-err aRuxt rx?ato. r s; arx? c?...?r 3ftC" ,w. --.sc4rslD i t w - y r fit i .. i Y t a " s I? O ? C ?y 'll go 96 I-D t5 m ?? M -1 252 278 cxkj6-If G RIOHT-OF-NAY AORERKE* BETWEEN J03SPH T. BARRICK, widower, of Silver Spring Township, Cumberland County, Pennsylvania, hereinafter called party'of the first part A N D ELMER E. ]GROUT, JR. and D*. JOANNE KROUT, his wife, of Silver Spring. Township, Cumberland County, Pennsylvania, .hereinafter called parties of the second part. NOW THIS AORE04ENT WITNESSETH THAT: WHEREAS, the parties hereto are owners of tracts of land Situate near Bistline Road, Silver Spring Township, Cumberland County, Pennsylvania; and that WHEREAS, the parties of the second part have obtained a right-of-way-across the land of Howard O..Houck, Jr., et al, from Bistline Road to the land of the party of the first part; and that WHEREAS'p the party of the first part has agreed to grant a furtherrlght-of-way to the parties of the second part; IT i:S THEREFORE AOREED AS POLLOWS: 1. That in ooneideration of the sum of $6,000,00 in hand paid by the parties of the second part to the party of the first part, receipt of which is hereby acknowledged the party of the first part'hereby grants and conveys .to the parties. of the second part their heirs and assigns the full and uninterrupted right of ingress, egress and regress over the foot right-of-way as agreed between the parties hereto, to their property extending directly from the termination of the right-of-way on said•Houek property to the land of the,partiee of the second part; _1- oauG 252 w 279 i • t i ' I i i a r KoE W i$a F ? t s i i 2. The parties of the second part agree to be responsible for the initial repairs to said Houck right-of-way to make it serviceable, and all subsequent maintenance of the right-of-way from Sistline Road to the land of the parties of the second part will be shared as agreed between the parties hereto, their heirs and assigns; •3. This right-of-way shall be for the purpose of serving the land of the parties of the second part and one residence erected thereon; and 4. The parties hereto agree to be legally bound hereby. IN wITNWS NHBREEY we have hereunto set our hands and seals this ?N° day of February, 1980. WITNE0 ; t tk?. oxtliy Art As•n • rafa Oda aBabb"WN J.1 t4,t,,o Ii.,j A, ttoYr - XAC: .aas+ir?? (SEAL) (SEAL). P NIS KHOUT- (sFr?t.) .4c ow!" i STATE OF PENNSYLVANIA: s ' COUNTY OF CUJOIEBLAND SS: ; On this, the day of February, 1980 before we -the undersigned officer personally appeared JOSEPH T. BARRICf, ELMER E. • KRO JR. and D. i6ANNE KROU'y, known to at (or satisfactorily proven) t . rsons whose names are subscribed to the within instrument, kedged that they executed same for the purposes therein `'214 itI S VMWOF, I hereunto set my hand and official seal. Y 41 pr?SRY • (SEAL) ?,(.A, HOOK 2552. M9 P.bQ MM L =. MUM FU.Lr ''`_`?a . amore eoaoaw, er.trauss soem 2„ M1 Mamum EV25 ML 3. am s s VOW r ,N T N Q6 = ell ? ?aa S C 13mil A 14 n 4 r, g q' y boat 252 Pub 2181 t? i EI . A o n . 6 Exl,?b?i l-Cs WARRANTY DEED MADE the 25th day of June The PLnksnhom Co. W1111amopmt, P.. 17701 in the year nineteen hundred and ninety-three, BETWEEN CARL F. MYERS and ESTHER ELIZABETH MYERS, his wife, both residing at 117 Glendale Drive, Mechanicsburg, Pennsylvania, grantors, and CARL F. MYERS, ESTHER ELIZABETH MYERS and CARROL F. TRACEY, as joint tenants with right of survivorship, grantees. I WITNESSETH, That in consideration 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 to the said grantee s,, their heirs and assigns, ALL THAT CERTAIN TRACT OF LAND situate in the Township of Silver Spring, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: . BEGINNING at a stone corner of lands formerly of Samuel,MeKnight now of Tolbert Vogelsong and formerly of John Kutz now f Smith Neibert;*south 82 degrees east, 85 perches to a stone; hence by land formerly of Mrs. Bardall now of Joseph Barrick, souuth 45 perches to a stone; thence south 32 degrees east, 15.4('Iperches to a stone; thence by land formerly of S.B. Best now oIE Jacob Miller south 58 degrees west, 44.4 perches to a stone; ((thence by land formerly of Joseph K. Bardall now of Lester KuniFle north 6 degrees 45 minutes west, a distance variously describ?d as 42.85 and 32.85 perches to a stone; thence by same south 85 degrees 15 minutes west, 52.5 perches to stone at corner of land o'?,Tolbert Vogelsong aforesaid; thence by land of said Tolbert Vo lsong north 3 degrees east, 53.5 perches to stone at the pla elof begin- ning. containing 31 acres and 43 perches, more or les ` BEING the same premises conveyed to the grantors herein by, Carl F. Myers by deed dated July 7, 1955, recorded in the ffic' of the Cumberland County Recorder of Deeds on April 9, 1956, in Book C=17 of Deeds at page 7, being designated as Tract #5 in aid deed. I "I THIS CONVEYANCE is wholly exempt from realty transfer tax as 'a transfer between parents and child by gift. *thence by lands of said Smith Neibert ctj w c? w m o tri ??RI C'a 3 C T N O t~I ' ?-•? ? f'n G7 O --1 m rn a a^0\36 MCI ?Lv AND the said grantor swill specially WARRANT AND FOREVER DEFEND the property hereby conveyed. IN WITNESS WHEREOF, said grantors ha ve hereunto set their hands and =13 , the day and year first above-written. cal and deliveted is the presence of .... ...... W . .............. '^ ..:x.... ..M :U ....................................... (a," Es he Bi`?a eth7?t?rs ....•......... ......................................................................................... (a-) .............................................................................................. (V") ....................................................................................... Cal") ..,...• ................................................................................ (al") CS&TIPlcATP op RESIDENCS I hereby certify, that the precise residence of the grantee s 'herein is as follows: 117 Glendale Drive, Mechanicsburg, PA 17055. ......... ......... I .. . . . ---w F;- ?.......... 4Mor ey or Agent for Grantee Richard J n Com monwealth of Pennsylvania SS: County of ...Cumberland On this, the 25th day of June 1193 , before me a notary public, the undersigned officer, personally appeared Carl F. Myers and Esther Elizabeth Myers known to me (or satisfactorily proven) to be the persons whose names argubscribed-to the within instrumet and acknowledged that they executed the same for the purpose therein ,oi.e n.rt, rs.:?s.wsv? fw I•? ir:,Ql,„ {a,• % e 1 aPEOF, I have hereunto set my hand and notarial seal. ...,.• ................................. 44 1 y•, ''•'14". .................................................... .,,', ?,,? r?+r?,i?(} •?..hy?• My Commission Expires Y v1 • i'fl,,lllrltlll?lll . t.tj•, •`M WAUtaiVpp Co?tiitn0 hwealth of Pennsylvania &CtyPublo a H. 1.0229n Up., SS: tiN Wwksan Expires Oct. a, IW3 County of .............................................................. J Memtxir, Penns?ar9a Association of NoWW ' 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 acknowledged that executed the same for the purpose therein contained. IN WITNESS WHEREOF, I bave hereunto set my hand and seal, ... .. ................................................................. My Commission Expires ov, nSS FACIr 6J4 i EI ti?b? H x No. $36 FE1&8131PLE Irmo-TypI"rUv ?t? ?M????t?P, ?{c?I?P _LI?r ?27f7 day h A?Rid ,a the veer *f our ljonlos on'. t'h•rrsxd Nine Bon" •rd eigbty-five (1985). 10#1101'"11 JOSEPH G. BARRICK and PEARL A. BARRICK, his wife, of the Township of Silver Spring, County of Cumberland and State of Pennsylvania, parties of the first part, grantors, AND JOSEPH E. BARRICK, JOSEPH M. BARRICK and GARY A BARRICK, as joint tenants with the right of survivorship and not as tenants in common, of the Township of Silver Spring, County of Cumberland and State of Pennsylvania, parties of the second part, grantees. r.ih?stgsP#? Thar the saidpert '01 the ern of One ($1.00) ies at 041 l+rer Psrt, lu? end in eowu sr•tbs /J•Itare, t•teJrt r•rey •J !hs t7xitad s"e"es of airerie•, team ud tasty lortd by fAe eeid.psrt Les • ihr semi Pert t• the eels lone! ies •i the *41 P04, 49 era kiore the eadint rod delivery of hour weesrb, the eeeeipt toheresi A hsreLy eehtwteledped, have era•ted, krynir.d, said, dieaed, enjeell•4 rsiased, e•w"d and e•rJirned •xi by thews presents do !!rant, kryaix, soli". Nkr. entroi(, retold". aereey, sold esrjir•, arts the said Farr Les of the se"NI part their Arts sold assipra All THOSE CERTAIN four (4) adjacent parcels of Mountain land situate in Silver Spring Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows, to wit: PARCEL NO. 1 -BEGINNING at stones; thence by lands now or formerly of John L. Kutz, North 78 degrees East, 35 perches to stoner; thence by lands of the same, North 03 degrees Bast, 1.8 perches-to a locust; thence by parcel No. 2 hereinafter described, North 84k degrees East, 22.8 perches to a black oak; thence by lands now or formerly of Samuel Best (formerly"of J. A. Ebersole), and now or formerly of John Eckard, South 2% degrees West, 49 perches to stones; thence by land now or formerly of Samuel Best, North 89 degrees West, 14 perches to stones; thence South 55} degrees West, 22 perches to stones; thence South 10 perches to stones; thence North 49-3/4 degrees West, 28 perches to a stone; thence by lands formerly of E. 0. Hershman, now or formerly of Ralph Myers, North 24 degrees Went, 39.5 perches to the place of. BI,GINllliir, a CONTAINING 17 acres 30.perches. PARCEL NO. 2 - BEGINNING at a locust; 67.5 perches along lands now or formerllyaofeJohnL.2 utzgto atoms; thence by lands now or formerly of Samuel Bistline, North 844 degrees eoor31 P 934 East, 22.8 perches to stones; thence along lands now or formerly of John Eckard, et al, South 24 degrees West, 67.5 perches to a black oak; thence South 841 degrees West, 22.8 perches to the place of BEGINNING. CONTAINING 9 acres and 83 perches. PARCEL NO. 3 - BEGINNING at a pin, corner of lands now or formerly of Charles E. Mumma and Joseph T. Barrick; thence along lands now or formerly of Jacob H. Miller and wife, North 58 degrees East 372.6 feet to a atone; thence by the same, South 86 degrees 30 minutes East, 234.0 feet to a post; thence along lands now or formerly of Jacob H. Miller and wife, South 04 degrees 30 minutes West, 100.0 feet to a pin; thence by the same, South 81 degrees 15 minutes West, 545.0 feet to a pin, the place of BEGINNING. CONTAINING 1.19 acres. PARCEL NO. 4 - BEGINNING at a point on the Northern line of other lands df Joseph T."Barrick, said point being also the Soithwestern corner of lands conveyed by George H. Neibert and Shirley M. Neibert to Stanley A. Snavely; thence North 03 degrees 00 minutes East, 270.65 feet to a point; thence north 72 degrees-45 minutes East, 518.93 feet to a point; thence South 04 degrees 33 minutes 31 seconds meat, 273:50 feet to a point on line of lands of Joseph T. Barrick; thence along said iands South 72 degrees 45 minutes West, 511.0 feat to a point, the place of BEGINNING. CONTAINING 3.002 acres, more or less. BEING the same 4 parcels of land which were awarded to Joseph R. Barrick from the Estate of Joseph T. Barrick, deceased, by decree and award handed down by the Orphans' Court Division of the Court Plea of County, Recorder's Pennsylvania Cumberlanndry County, in Deed Book "B", Volume 31., Page 857. THIS IS a nontaxable conveyance between parent and parent and children. The grantor, Joseph E. Barrick joined by his wife, Pearl A. Barrick are the natural parents o Joseph M. Barrick and Gary A. Barrick, who with their father are the grantees herein. i f i Nlslongh?g tnJMijrr W In n wtso f .as alwyo'er, ohs s-m-eats, Aeredrtaaemq .wd ,p^w to the «,aw snyrr sPPeneiming, enw the rowel" find revs wo e, rowinder and re weinwers. eeate, lessee, 0" Profits tAereafi And Slav a the Mste, right, title, intwe+t, property, stair end dowa" tvAsboeosr, both in too find efwlty, of CA, nit pert leg of CA* * Pen. of. in. to er sat of the sold mema"e, ent eary pert aat Perest awsef t?A httnr t?li? to 1jAID the se d Pr Im. wm all end hews, r Out b?eholl of tie sa"? a Pen: their Ache and aeeltJne, es and !er the only w." Pen of the eeosmw Part; Per"d. their , hire saw auipw ' J11? r88 RAID parties of the first part, their Aetrs, aft"toro and edinlwietrstore, de A Msu P"armte, go . 044 the soli Pert leg of Me *wood Ps". r their 009010"t. P900 and sprso re and eestgae, tAer Any Bed . they the -+ parties of the first. part; their +Hre all and sinprisr the ANed"Onsp'!e sit Prewm Aertindbodi and intended se to be, o(L% apps,000wore, ants dteeriied and grsmtsd or areatisnel. the sold Pan ies fey a'? M tAe ni! Par! ies of Ohs first Part and their Aeby 8" 6psbtheir ut di µ b Palo" o?Aonuernr, toolotty claiming or to doles the Beare or any pot Generally ASR DSPSND eA46 and WWI- by thus Prasats, WAXJC lNr AND POJI JnItnrBhrrruf h,reunts set their Assts 8104 8soted and Ddiur mi to dw t'rsoaaa at of the *d Pan A As Ady sad year first sbore rorittem. sap "'?;' a?i e?ic"'"'"""««» rxcAl.? r.«».» «....«. IAPAIA .. ? ear.«.?s7ri"'1c .«»««.... ?xItAJ.. »....»..««_«..... ....« ..._ .................« ................ ..«»»...... .«....««..««..««». (RSAI,i ».«»«..:....««..«...«»...... (EXAM re ROAM »..«».« ....«« » « . «.» .« « « « . « «»«.« »... « (RSAL1 U WE 936 IAs nit port leg net semi s :;vo9aDe9-CFFICE OFTHE hEC^a}3t OF DEEPS '85 APR i Z phi 13 UOAArO'""A"It or Pad'NOMPANLA ire , m1'rr or _mmj On this, the .»»... L.MIR.tOF..X.» b c »». --- 1l8 ».. !else. air till-, lwroonally appeared .«.»a11Q?4. kl«l?i « «« « » ». •»«• . - «« ««., the undersigned his wife, R ?...Ul:r.;W.k_M1U%U ,A:» 8as.»ri, anv to rat (orsdiielaeturilylw+etru) to be the ptrsons»»..»...» oboes ne.e21.,t p?'# the within instrnm,at. and arknoa•/edprd that «...._.L he „•,.•••. r ?t ,1r aroatM the Sourra!!?a?hi?' S•' rhrrein euntalard.rle0' IW 117ry Eep W11811ROr, 1 hereunto act my hand ead o t arst. ales ? • =, : . Ly eornrniselon erplm: 1 hereby Certtly that the PreNst Residence of the Orontes, in the within Deeds to ..., 10A ,?],m".19..CIF. yo.4 , » 1 ?} 4 Fs t!z8,a.. p!?..170 .._.»_ .» » ...»»..» _»_. _ ».». i v : €€1 A yr k C?.? f I I ? { f ? '? tt i r e r 2 i d @OJIJIUNA'CAizz Or P6Nmm VAN1A COUNWJ L , Jbrarlyd In the2ffice for Recording of Deec* Mortgages, etc., for the County of .fir ?rQl in Deed Book ..,?".: i>fitnrss' `T 11ij- Han and '-•..-, ?? y ;/ ? Seal of Office this 1 .? ........ Anno Do 8s = ; ??• r ' e ' r. . io 31 FAX 937 Exti?b?+= 3%-)32 ? Parcel No: THIS DEED, MADE THE day of October in the year of our Lord two thousand six (2006), BETWEEN CARL F. MYERS and ELItZABETH MYERS, his wife, of the Borough d t; Carlisle, Cumberland County, Pennsylvania, hereinafter called Grantors, ?W w U. N+ © AND CARROL F. TRACEY, of Silver Spring Township, Cumberland County, N W- 4 Pe"ylvania, hereinafter called Grantee: WITNESSETH, that in consideration of the sum of One and no/100 ($1.00) Dollar, the receipt whereof is hereby aclmowledged, the said Grantor does hereby grant and convey unto the said Grantee, her heirs and assigns, ALL those throe tracts of land situate in Silver Spring Township, Cumberland County, Pennsylvania, bounded and described as follows, to wit: TRACT NO, 1: BEGINNING at an iron pin on the east side of the Old Beisdine Mountain Road, and running northwestwardly one hundred seventy (170) feet, more or less, to an iron pin at the intersection point between the said Mountain Road and Joseph Barrick's line; thence southeastwardly one hundred and eighty-one (181) feet, more or less, along the boundary line between land now or formerly of Joseph Barrick and said tract to an iron pin, which is at the point on intersection between land now or formerly of Joseph Barrick and lands now or formerly of James Potteigw,, thence in a southwestwardly direction eighty (80) feet, more or less, along lands now or late of James Potteiger to an iron pin, the Place of BEGINNING. HAVING thereon erected a one and one-half story frame bungalow. DUK 277 fx%;! j 2;37 BEGINNING at a pin at other lands now or formerly of Joseph T. Barrick, at ux; thence along said last mentioned lands, North seventy-two (72) degrees fifty-two (52) minutes Fast, two hundred forty-five (245) feet to a pin; thence along other lands now or formerly of Joseph T. Barrick, et ux, and Jacob Miller, South zero (00) degrees two hundred seventy-two (272) feet to a stone at lands now or formerly of Charles E. Mumma, et ux, North forty-nine (49) degrees forty- five (45) minutes West, three hundred eight and two-tenths (308.2) feet to a pin, the Place of BEGINNING. CONTADMG.74 of an acre. 4 7TCi BEGINNING at a point in the Public Road; thence along lands now or formerly of Charles E. Mumma, North fifty-six (56) degrees East, eighty and five-tenths (80.5) feet to a pin, thence by the same, South forty-eight (48) degrees East, one hundred eighty-two and five-tenths (182.5) feet to a pin; thence by the same, Noah two (02) degrees fifteen (15) minutes East, one hundred sixty-six and sixty-five one-hundredths (166.65) feet to a pin; thence along lands now or formerly of Blanche I. Houck, et vir, North eighty-one (81) degrees fifteen (15) minutes East, twenty-eight (28) feet to a pin; thence by the same, South five (05) degrees forty-five (45) minutes East, two hundred sixty-seven and seven tenths (267.7) few to a locust tree; thence by the same, North seventy-seven (77) degrees fifteen (15) minutes West, seventy and seven-tenths (70.7) feet to a point in the center of the Public Road; thence by the center of said Public Road, North fifty (50) degrees West, two hundred fifty-six and five-tenths (256.5) feet to a point, the Place of BEGINNING. CONTAINING .7 of an acre. UNDER AND SUBJECT, nevertheless, to easements, restrictions, conditions, reservations, and rights-of-way of record. BEING the same property which John H. Jones and Grace C. Jones, his wife, granted and conveyed to Carl F. Myers and Elizabeth Myers, his wife, grantors herein, by deed dated September 20, 1984 and recorded in the Office of the Recorder of Deeds for Cumberland County in Deed Book "X", Volume 30, Page 326. 2 DOW 277 F 238 THIS conveyance is a non-taxable transfer from father and mother to daughter. AND the said Grantors hereby covenant and agree that they will warrant specially the property hereby conveyed. IN WITNESS WHEREOF, said Grantors have hereunto set their hands and seals the day, month and year first above written. Signed, Sealed and Delivered in die presence of V-1-Mi "J7 (SEAL) .4 A Maw Aa? CARL F. MIMJ bw 01;112,v COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS: On this, the wl day of October, 2006, before me, the undersigned officer, Personally appeared CARL F. MYERS and ELIZABETH MYERS, his wife, known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument, and acknowledged that they executed mw for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and seal. . ?-•?`? (SEAL) OwMMoRt oac coos otory PubNc • aNOaas I do hereby certify that the precise residence and co-m?l_ete post office address of the within named Chmtedis /G V q*k AP6 AA;.- . ?? /? o sY Alt for Gr+axtee-: ??' • rfl October 2006 IRWIN & McMGHT ATTORNEYS AT LAW 60 wept Post Street CArd ide, PA 17013 717-249-2353 I Certify this to be recorded In Cumberland County P Recorder of Deeds 4 0009 277 pACf1240 E.0xk,dj T 1?c(o 2A Y, j-, ?? 11 : "T P. ZIEGLEFPO at` Mt lft? :ORDER OF DEEDS V5 MBE_RLAND COUNTY-PA 03 JHN 9 PPS 1 26 Made the 7 day of January in the yew two thousand and three (2003). Between PEARL A. BARRICK, Widow, of the Township or Silver Spring, County or Cumberland and State of Pennsylvania, party of the first part, grantor., A N D OAR? A. BARRICK and J. MICHAHL BARRIC$, or Silver Spring Township, Oumberland County, Pennsylvania, as Joint Tenants With the Right or Survivorship and.not as Tenants in Common, parties or the second part, grantees. Witnesseth, that in consideration of the sum of One ($1.00) Delh in hand paid, the reeeipt whereof is hateby acknowledged, the said Grantor ' hereby safe and Convey to the saki Gsaetsxs,i their heirs and assigns, an Joint Tenants with the Right of Survvorship. ALL THAT CMTAIN House and tract of land, situate on the East side of a twenty (20) feet wide, private road, in the Township or Silver Springg, County or Cumberland and State of Pennsylvania, bounded and desoribed as follows, to wit:- BEGINNING at a post on the eastern line of the aforementioned private road, which said post is North 01 degrees 50 minutes Wet one hundred seventy (170)reet from a post at the corner of land or Jacob Miller; thence along said eastern line of said private road, North 01 degree 45 minutes West, one hundred forty-nine (1i;.9) root to a stone in said eastern line of said private road; thence along the line or other land now or formerly or Joseph T. Barrick and Violet Barriok, his wife, or which this was formerly a part, North 84 degrees 34 minutes Bast, one hundred twenty-seven and seven-tenths (127.7) rest to a post; thence by line or the same, South 04 degrees 1,5 minutes Bast, one hundred rorty-eight and one-tenths (148.1) feet to a by the lime of land of the sage, South de post, thence still one hundred thirty-six (136) root to a green 28 minutes Meat., the aforesaid private road, at'the place of BEGINNING tern line of RAVING thereon erected a one story frame dwelling numbered 106 Glendale Drive, Mechanicsburg, PA 17050. BRING the same pMmiees which Joseph T. Barrick and Violet Barriek, his wife,..by..their Deed dated November 26, 1954 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, in Deed Book "C", Volnme 169 Page Joseph R. Darriok and Pearl A. Derrick, stwife.?d Thevsaied unto d Joseph B. Ba'"tok died on July 18, 2000, whereupon sole title in said premises vested in his wife, Pearl A. Barriok, by right of survivorship, who is the Grantor herein. THIS CONVEYANCE is exempt from real estate transfer tax, the the iaaatfamilialetransfer,mexempt from traansferstaxrein, thus qualifying TOGETMM with the right of ingress, egress and regress in, over and through the twenty (20) feet wide, private drive mentioned in the above description, unto.the grantees, their heirs and assigns, to provide them with uninte pted accessand use of the es as herein, to as to allow passage to the premises by said private drive or road. public township road connected 80OX MV-13ft AND the said Grantor Will Warrant generally the property hereby conveyed. IN WnWESS VMR". the said Grantor ha a hereunto set her hand the day and year first above weittm. SWTA Sealed and Delivered (SEAL) in presence of Pearl A. Barriek ..._...... .........._.........._....._..._.._..._..._.................._....._..._........... _........ . (SEAL) C. ....... (SEAL) ... (SEAL) _. ._...... ...... (SEAL) day of anu a Notar Public, 'j am A, D. M3, befoce me appeared Pear A. Barrick, Widow, the onde-400d offer' petse-emy proven) to be the petaom whose name is kaown to ate, (or satisfactorily subacralled owledged that she ezect ad the same for he t to the within instrmaneat, and Pees eharTtt eenained. ,,t N WITNESS WJE>CL?BOF. I ha?.?. "? koWsAd official aeaL I Ai a r I ..........._...... .....__ .............. . COMMONWEALTH OF PENNSYLVANIA COUNTY OF SSt Gambsrland On As. A.- P111 Mtk of omen --- 'BEY CORTIPY, that the peedte reaidemes of the Grammes In Glendale Drive, Meohanicaburg, PA 17%k--LA a tw o F a w° A" seat r? a a CONMIONW ALTH OF PBNNSnVANIA COUNTY OF SSt Recorded an ehL day of A. D. 19 im the Recorder's Office of the said Counq m Deed Book Volume ,Q Page Given under my hand and- the seal of the said Offide,'&r-ltaq Ais X+thp recorded Iand County PA :^,??,o ???eraer Recorder of Deeds ma 255 Mct M K F, ti, 64 N r taoakar Williams, p. C. 3425 Siapaon Ferry goad COMP Hill, PA 17011 ROBERT P. ZIEGLER Rr- IRDE R OF DEEDS -S"RLAND COUNTY-j ,' '4 APR 1 R11 8 37 Parch W Number:.3 8-- C4 - az_Csi - co-a, Special Warranty Deed Thh ludentu re, Ma& this M day of "t ? Latata of Roaelnario *7 Merlino , 2004 A.D.. Between of the Coanry of Orland '7effroy A. Wilbur and Bolly Wilbur sea of pa?aYivania husband and wife ? grantor, and whose address is: of the County of WttaessC& dart 1110 a osm of sate of p?aylvania , grantees. ONX MMRXD E TR Hof the DOLLAU ACID tkm 1o GRANTOR W bead /100 ($162, 000.00) DOLi.A)? , . bled and ,old to the Baia GRANTM ad d • a? by O ff' the t woteof is hereby acknowled ly?i and beirtg is are County of C17n{berland M hens, a'0"0?0's tmd saaipss . &a foWwind described k4 t?itua? Sege of p ALL THAT CERTAIN wnapl?ia '40 wit Township, Cumberland''y or parcel of land situate in Silver S accordance with a °Co?t?'' Pt:nnsYlvania Springs prepared a it survey and plan thereof daboun ted M and described in 1976, by Gary T. QuPpels Professional"surveil May 26, low BEGINNING at a ? Y°r? as follows; Barrick; said polnton the northern line of and Mar Point being also in line of lands of Joseph f said (03} degrees garet Neibert;; 7'NBNCE alon 9 lands now or late of John S. (03) no (00) iminutes East twely Nhu hundred lands, North three sa hundredths id lands (1246.15) !feet to stone Pile; hundred forty-six and fifteen and lands lnow or formerlo f Samuel Bi line, eighty-five (85) de formerly of Samuel Bistine continuing along 9uees thirty (30) minutes North fourteen andseventy South four ;four hundredths East five hundred (04) degrees thirty-three (33) minutes thirt point; THENCE arty-one (31) (1136.91} feet to a hundred thirty-six and ninety-one redths (1136E along point on line of lands of Joseph T. Barrick; THENC said lands, South seventy-two (45.) minutes West fi?te hundred eleven of BEGINNING. (72) degrees forty-five (511) feet to a point, the Place CONTAINING 13.490 acite$, more or less. Together with all teaetneaq? butraents ann nn on Atj - Boa 0--to belotigiqg To Have or in auywiae aPParaining. and to Hold, the acme im fee aimpk And the paamr bemby oovewnt: with mva. d sr Good riot and lawad aulhortly to SON nand co,n, said k lY ?iaed of acid iaod is fee +imP>e. tot motor hat defend the aaaoe against the lawAtl ch?nna of all 1W, am Boor hereby ?' wamnts the doe to acid land Parlow t by, through or under gam, am will Lne?O?awya by 0 tx„ * a,.WM tilt., mta tun ate 11.14M 262 PA cE1610 Special Warranty Deed- page 2 Parcel ID Number. In Witness Whereof the ' tinm0or has hammlo set its head and sal written, Signed, sealed and delivered in our . the day sad year grn above presence: 8st? of Ron ie Nor ino Witness ICJ $y: R o. r r ? fQ-A or CC_ (sew) 4 =? ?* COIMMONVM TA O COUNTY OF P n Iv is On this, the jo day of Jerry Harp*_,, BxeentAr of the mders lrnown to the Estate of Rosemarie 'n'o l'icer,Pe?onallyapPeared me to ?erlino he executed the same be thc the Person whose naate is subscribed capacity therein stated and for the purposes to the fore4o' Ir, I have b" Into set my hand and aml. ° con wledged that Alfa Akn J. FC. Prin T 4 So; c ? Notary my Cow Certificate otResiderl. I, he r*y certify that the Precise residence 132 Glendale Drive of theaaianbGIUMMES urq burg' herein is as follows: Mach Witness my hand dris OR(,/ Uh D.cumeat prepared By. Y of PA 17050 " / 44C h 2004 .,? ,Shumaker ??illiaias P.C. ?k-L t t.t ujo ?Q ,4 /,(, 3425 x25 SiPaon , P'6rry Road coup Hin, PA 17011 Q cn •r • ?'. • ?•',-- Ole kn Mu :2 _14 . ;? - rv r~ o .a. W _ M O ? ? ? yMp )95MER cn a M , 1 1'00x 262 PAGEj•5:[.. (?1y76?-sass fam???swu? Special Warranty Deed -Pate 3 AWN I&Wumber: with inTOGaETHER to the uthe se right in the grantee herein, his heirs and assigns, over and along all rights-ofhwao€ ingress, egress, and regress tract herein conveyed from y visible and of record leadito?the right-of-way contained in Deedlic highways inxcluding Certain Cumberland County Recorder's Office in Deed Book "an V Page 438, and bearing in the g dated the 4th day of April, IS Volume 3, at EXCEPTING AND RESSRVING THERE FROM: 67. ALL THAT CERTAIN piece or Township, Cumberland or parcel of land situate in Silver Springs accordance with a surve y, Pennsylvania, bounded and described in Prepared a it T. Y and plan thereof, dated May 26, 1967, Gary CuPPels, Professional Surveyor, as follows: HAVING at a point on the northern line of other lands Barrick, grantee herein; said point of the lands conveyed by George being also the southwester corner Stanley A. Snavely; rte H. Neibert and Shirle M. East two hundred sevTENCH North three (03) d y Neibert to point; THENCE North sevenrnd sixty-five hundredthss no (OO) minutes . East five hundred eighteen d nny degrees fortyfive6(45feet to a . to a point; THENCE South .four ninety-three hundredths (518.93jifeet8 thirty-one (31) 8e?rids (04)- degrees thirty-three thirty-one (31) 0 West two hundred seventy-three (33) minutes' Barrick• ) feet to a point on line of lands ofjosephtY THENCE along said lands South severit forty-five (45) minutes West five hundred eleven (511 ) degrees point, the Place of BEGINNING. CONTAINING 3.002 acres, more or less. EXCEPTING AND RESERVING from the land herein eon ntodthe Grantees portion of , a right-of_way across heirs and assigns, the hereinbefore described l Y across the western right-of-way being 270,65 feet in length, ud 21.32 f?'et in width; said described as follows: which is more particularly ALL THAT free and uninter passage . and over e-tr pod way liberty and in a bounded and described right accord Y across the lands of th of, and. dated May 27, 1976, Prepared accordance with a survey and the grantor Surveyor, in and to, by Gary T. Plan thereof, in Silver S THAT CERTAIN PPels., Professional pring Township, C'umberlandpCounun or parcel of land situate BEGINNING at tY. Pennsylvania, as follows ; VC3 conveyed b a point on the northwestern co herewith r Stanley A. Snavely to Jose h T. Brne of ar s a tract of land: rightith recorded, said point being p Brrik, ne deed to be _ Y re"rved in said o the western line of the (00) minutes West two hundred sixty 7MWCB South three `? (269.12) feet y-nine a hu re degrees no C to a nineoiannt; elMgCE South 3 and twelve hundredths East one hundred East North 80 ni leven hundredthsgrees 59 minutes 30 seconds: seventy-three degrees rees 23 minutes East Two (.10-9-11) feet to a (04) degrees hundredths {206.73 undyed six and Point; Qa egress thirty-three ) feet to a point; TH81rICg South four and four one-hundredths (33) minutes East two hundred (06) degrees nine (273.04) feet to seventy-three (0net (09) minutes fifteen a point; THENCE tooth six ninety-nine and forty hundredths (15) seconds Bast two, sent ni degrees =went (299.40) feet to a hundred one hundred sixt p Y-three (23) minutes seven point; TC$ South . ?s¢r.w:a.'•'+oi4aaygy„?nYF anin?et, hundredths (07) seconds East (169.91) feet to. Special Warranty Deed - pest , , ""11 ID Number: A point ; THENCE .South seven degree: ourt en ml t:tib lave two hundred fifty-six and ninety-seven hundredths (256.97) feet to a point on the northern line of Bistlin.Drive• in an ealy direction along the northern line of Bistline Drive South sevent - (76) degrees thirty-four (34) minutes East twent Ysix hundredths (26.72) feet to a point; Y-six and seventy-two fourteen (14) minutes West two hundred sixty-six seven (07) degrees forty hundredths (266.40) feet to a six and degrees twenty-three.(23) minutes seven (07T) sseeconds Westeone hundred sixty-nine and sixty-four hundredths (169.64) feet to a int North six (06) degrees nine (09) minutes fifteen (15) seconds;Westt two hundred ninety-eight and sevent point; THENCE North four (04) d greestthirtye htree((33)7minutes West three hundred (300 twenty-three ) feet to a point; THENCE South ei ht twent• (23) minutes West two hundred seven (207) feetOtodagrees . THENCE North three (03) degrees fifty-nine (30) seconds West eighty (80) feet to a point; THEN (59) minutes thirty degrees no (00) minutes East two hundredeventandEsixty-fiveee (03) hundredths (270.650) feet to a point; Tnt degrees forty-five (45) minutes West twenty- South seventy-two (72) hundredths (21.32) feet to a point; the MACE OFaBEGINNING.two BRING the right of way reserved by Stanley A. Snavely, from the tract of land conveyed by Staple' A. recorded in the Cumberland CoulztyaRecorderJs Office $?rnGea'Booedxea Volume 26, page 577. r0? R AM SQBJZCT to Acts of ,As saftbl ;, county _ public utility and public service and tes, ex nq p ordinances, restrictions and easements, visible or of record, to the a extent any persons or entities have acquired legal rights thereto. that BEING dated part of the some promises which Stanley dated September 11, 2000 and 3uta we* to?he tac' Snavely, by deed ' order of Deeds Office in Record Qranted and conveyed unto Stanley A ?k + rj* R°awmar s jtirlino, husband and wife . The said t al SomA ly an on June 17, 2001, Mhes eY Suavely died his wife, by Operation axle Thvented solely in e said Rosemarie diedion June 28, 2002, and Letters Testaments h died on County Register of lfills to Jerry Naxper were seo granted- t by the Cumberland Executor of the Estate of Rosemaie lterlinouea this deed as (Notate File No. 21-02-0615) City this to be recorded is++iberland County PA Recorder of Deeds ?wow.was,?e B K t:rPAGE'Mj-rAS*%.i Cx Gar b -1f ?-- _ O N 0 iP H ?N r 7?0 S - ? °p n r N (? °Ln LP ?' ? -3 T' rn is, -Q'_p _ 0 04v 1 r^ o = 692 1n m .S9•p2 lr? ,w- s,9t Q Z ? •? i3W?IL \ rJ. `? D o t a r w z ?, ---! rTl In D Ito + W 7? ?. t n - -- -? •,. 0 P i n. 0, i ?. or , I D` r ur .% to R z a N o •..} ? _ tom"" ? , T n ?p -i ? rr N N (vC .4 Z . O z N`P "I N Z rn by'? r0-iH ap { -{-D c 0 CODAT -a -4 "0 0 .: rn z v -1 -? o c to o 0 p. dd. oD npno?caz z" N z q Z_> tn?,? CM Vp Dprn rn V) P, vZO L4 tp 4. 4 0:4 rt 0 0r m zr_rn No ?rn 0O DM?? prnr Z.La r?i Z? fn tp z? oUmZ-1m T?{in F? Zfh tp rnrr', ai,; ?A rn DNZ-cn rW. A0 Tp -{p D ?rn t -io o Zr7? Zn? rn d?'D -INn nb T P>f"G plc -? D 0 00D rQ ZCO. p0 qtn v 1-",o ern 0 2, 8yZF?s= {? - y N D,rN prp?,c m porn ?z r I b 16'v' b. F ? 'n ? ROED-OFFIOE OF THE 070- CORDER OF DEEDS N C TI MSERLAHD Zy O 0 COUNTY PENNSYLVANIA AHIA 17 2 37 rr,'11 ??. ?; t t Wa z r o rn .ZO'ooF V i2m ? ? 3"l<JdN3'1? IS L 3,.OO.pl.t S L61 -- H ^NT'14'00"w 7_66.40 H N 7°23'07' r?ro NP 1169.64' a' 0 0 L 0.9 s 1 S 9..00.£ •'b S N W N 6'09't5"w 298.78`__ z 1 ) Z ? Z v (P '7 D N T7 any 4 o ? o z . ?n p ?? I ) 0 a? s t -1 v - 8 0 N o {ocp o rq W? ? m ov N o?b A v O ? fp ?Z M ?.59•p?z^ I ? ' 'O ?3'w?'t ?J' 1?- ?"" woo 0 •F Z C7 W d °o 1 ? ?s FpEU-OF•`?!.?'rr.Gl, THE y ? ? x z Of, "G jtiTY p EN?iSY L'i 0.iiU, (.P z:? CC ? ? ? Y Oi U G .{. ? G ZO.00( 19 OSZ 3..51 .600? S Gob S m c w. S ZL -9 16 ty7°44' 00"w Z_6?.40'? K N 7°Z5'07' W a N ?`0? 15 w 298.1n'P 1 ?? S 69. 64-' S ti "o, - ,n ?x, I y AO n Tl i ? N 00 O n b I -?On ? O? l w JJ 6? ? z NC Ot? 10, Qs °?°? z z 0 ZI Gqp W- o --- - - - o? S 1 ----- - o S S LC \WF SAMUEL Dw ?M BIsTLINE StONE.. 'bL''i+r? M„Oenn a eggs D6 46 JB8 PILE,. IP•INt Soo f'iCE L ?- - - 10. +as Ac- T ? I w 0 0 0 0 r 3g' r l0 OI CP . pi r ? 0 Y/ D.K. IN . lmo STONE ? . - 'K LANE . ti ?3. sa X18 d N , 2e 4-5 O 4io? '51' Z W 0 0 0, J )I /" Xk TRACT NO 2 PARCEL A 0 3.002 Ac. 5\.""( OLW*ftx bit. N IMMIM ZONING CODE Fob EST SCALE 1 "- z< LOCATION APPROVED THIS -t3 DAY O F'G? 197. 13Y THE SILVER SpRING? TON HIP SU9 IS 5 APPROVED THIS /Ox DAY OF 197f SY THE SILVER SPRIN39 r0Wj6Hl_ P PLANNINCe r'-OM 13SION yt7/??(Qa?e/ft ?rrp,u? 1 APPROVED THIS l,I?`DAY OF 1976 BY TNI_ SILVER SPRINIGg TOW S IP ENGINEER APPROVED-THIS DAY OF 1976 ZY THE TR 1 - C,O.U N'CY PLANNING COMMISSION IT 15 HERESY CERT1FlEd '1'IHgT THE UWDER SIGNED HA5 LEGhL OR E01JIT46LE TITLE TO THF. LAND SHOWN AND THAT ALL ROADS OR STREM-rS SHOWN, IFNOT. PREVIOUSLY DEDIC-A`C'ED, A,RE HERESY DEDICATED FoR PUSLIC USE. • OWNER NOTE PAR E L ' A' TO 'ESE CO NV 650' _ ?- - ------ =P - TO D'OSEPH T. BARB%CK AND TO BECOMC PA;kr OF TRACT No. 1 OF T1-1E LANDS NIF OF SOS-P14 -r. BARRICK -_ _ --- "-, CONTOURS TAKEN FROM USGS MAP 4S9•?4' Jt1 00 wERT2VILLE Q \JADRANGLE NO BUILDINGS ON T1419 PARCEL AT 45 0?' E 3. 59 30' 181 .0 0 00 7 p AA. )4FD 50' ;VW ' N/F THIS TIME. -TOSEPH T BARRICK SuBDIV10ER OF RECORD D,6• I(- O- 2 I STANLEY A SNAVELY • TRACT K,. 1 3902 PARK CIRCLE CAMP WILL PENNA I-(OII PHOME '7(0(-8p-57 r Tkwv. 2=z1- -r-. 5UB0tV (S IO N PLAN FOR .STANLEY A. SNAVELY 1 -_ 10D. I APPROV191? my. la"MLAOLGITC.- DAT?- SCALE. 5-2b-7b 9-3-70 R VI 81STI.INE AD. SILVER SPRINGS TWP. C.44J- /vl I- T T t„e o«....u ett.x..r a«? tc..,a.,, n..1« « sa«,a.t r.?wr.t ..? s.u b ti. rw.w.?«„ o.. wae..ne..4 r. t g3P?1 ?? Ar X`-t'ly?-du MADE this /T7Ti day 01 April' pri 1 in 010 rise of our Lord, one thousand nine hundred and eighty-six (1986) BETWEEN ROGER H. NORGENTHAL, ESQUIRE, IVO OTTO, ESQUIRE and JOHN R. PENSTERNACHER, ESQUIRE, Trustees for WALTER J. VOGELSONG, RONALD L. CRANDY and RING DRIVE CORP., Grantors AND RONALD L. CRANDY, Grantee =mm m p 1 `T Z mom P' a, 0 C T. 1 z m '+ vm? ?? O C rn r. fV mt- ..J ,D N WITNZ38MIL That the sold Grantors I N for end in Gon sweratlon of the sum of Ow 01.00 tatd 00/100•----_..- »..._?_ DWI-, IMWAd money of the Unftad Stain unto it malt and trafy. Paid by the aid Grantee at or before ft ailing and delivery hand, the teoeW oI which k hwvby aebnpddged, hn graafad, brptntd Odd. tltaned, rdaad std confirmed, and by then ""* doee grant, b-ON saE, 800% te?sasr and confirm unto fM said Grantee, his hshe and adgm two",. •AM THAT CERTAIN lot of land located in Silver Spring Township, Cwmberland County, Pennsylvania, known as parcel aAa on a Final Subdivision Plan for Ring Drive Corp., as.prepared by Walker' Associates (Drawing No. F. Book 85-3), and as more particularly described as follows, to wits BEGINNING at an iron pin at the point of intersection of lands now or formerly of Sylvan Vogelsong, lands now or formerly of Lavern Gymond and lands described herein; thence along lands now or formerly of Vogelsang, South zero degrees five minutes ` zero seconds Nest (S 00s 051 00" W), a distance of 1,385 fiat to'an iron pin at the dividing line between Parcel A (to be conveyed to Ronald•Crandy) and Parcel B (to be conveyed to Drive Corp.); thence along.said dividing line, South aightl_nine degrees fifty-five minutes zero seconds last 0 89e $51 001 E), a distance of 643.61 feet to a * thence along hams. South zero degrees five minutes zero ieconds Wait (S 00 051 00a W), a distance of 370.11 fast to a '•*' on the northerly cul-de-sac line of a 50-foot wide rural street; thence by a *concrete monument Ij bOdi Ill FACE1107 l curve to the right, with a radius of 50.0 feety an arc length of 52.36 feet to a point on said cul-de-sac= thence North zero degrees five minutes zero seconds Bast (0 00' 05' 00' E), a distance of 370.14 feet to a points thence South eighty-nine degrees fifty-five minutes zero seconds Best (S 89' 55' 00• E), { a distance of 355.05 feet to an iron pin on the dividing line of lands now or formerly of William Bream; thence along same, lands now or formerly of Carl Myers and lands now or formerly of Catherine Vogelsang, Worth .Con degrees forty minutes zero seconds last (B1 10' 40' 00" B), a distance of 1,470.35 feet to an iron pin at the dividing line of lands now or formerly of Lawrence Vogelsang; thence along same and lands now or formerly of Lavern Gymond, South eighty-five degrees thirty minutes zero seconds Nest (S 85' 30' 00' W), a distance of 1,067.05 feet to an iron pin, the point and place of•BBGINNING. CONTAINING 35.02 acres, more or less. BRING a portion of those lands w)tigh Joon P. LaFaver, Esquire, Master in Partition, acting under the authority of the Court of Common Pleas in Cumberland County,*Peunsylvanifi, for Mary A. Vogelsong, life-tenant,.and Minnie R. Shaeffer, Lester L. ! Vogelsang, Sylvan L. Vogelsang, Tolbert R. Vogelsang, Jr., Richard N. Vogelsang, Faye A. Rehm and Walter J. Vogelsang, the remaindermea, by dead dated April 15, 1985, recorded may 14, 1995 in Cumberland County Deed Book 31, Volume G, Page 215, granted and conveyed unto Roger M. Morgenthal, Esquire, No ' Otto, Esquire and John R. Fenstermacher, Require, Trustees for Walter J. Vogelsang, Ronald L: Crandy and King Drive Corp., Grantors j herein. i UNDRR and SUBJECT to easements, reservations, rights-ofways, and restrictions ! of record. BEING Parcel A as set forth on a final subdivision plan for King Drive Corp, dated June is, 1985 and recorded in Cumberland County Recorder of Deeds Office in book 49 Page 114. The conveyance hereunder is exempt from the transfer tax ¦s a distribution of assets from a Trust. 0? lii tai°1108 -, I_ TOGETHER with &II and angular the laiprovemmnb Ways, eaten, water county, ridW Bherties, priviledse, heraditaments and oppudensnon whatsoever thereunto be- longing, or in anywise appertaining, and the reversions and remdrders, nuMe, inum and prolifs thereof; and WW all the estate, right; title. Interest, use, trust, property, possession, daim and dernand whatsoever of Grantors, its suoosssore and asadne, in law, equity, or othawies, howl, ver, of, in, to or out of the same: TO HAVE AND TO HOLD the said hereditaments and.pnmism hereby /rented and released, or mentioned and intended eo to be, with the appuffemnose, unto the said Grantee, his holes and aesfgte, to.and for the proper use and behoof of, His sold Grantee, his holes and ssoldre, forever; AND the said Grantors for itself and its auooommors, dose by these Presents Covenant, pranlea and Mgt-, to and with tle amid Grantee, his holes and assidnm, that it the raid Grantors have not done, committed, or knowingly, or wiUinghy suffered to be dons or con ted, any act, matter or thing whatsoever whereby the premises hereby granted, or any part thereof, le, are, shall or may be impsschsd, charded or inwmba ed, in title, charge, estate or otherwise howsoever. ?4F$ x7C?7CX1CX7CX?XXR7l??X ' xdHlbe7i11aQt/D1e1pX7?MrV?,71arI7?R 7YRII'NIIR]lR?t!?1[f?f?t?PR?R7P1t?N?[?71?>1??71?1t?'?(R2??1?![ 1 IN WITNESS WAIMMOP, rho sad trustees have caused these prostate to be signed. Dated the day and year tint above written. TROSTSES FOR NALTBR J.' VOGBLBONG' kmALD L. CRANDY and ICING DRIVE CORP. 7 r TIT -7 R IF COAOuONWEAL X OP PElV4IgrLVAIg4.. j UNTY OP SS' CO I herby arBly that on this / J )"It, day of h tl,. pril A. D. 1966 b fore ar, ' 7 °r, a Notlgy Pubp4 A and tot the Cmmty of . ,. C--NV-Rh al Ps , igoq•1?atda, Pwoma11y appeared •' Roger' M:° Mortfenthal,'Ssq., No Otto, Esq. ahd. "John 'R. 'Perltitbrmochei; `Esq. , ` , 1 •• M !n IM hwelaing e? sd, and by vidw and In pmu&vm of thi iWhodIj'daain aaWir*d upon Peknowbd ed the said Irdantum 7d be; do act and std of 0 0 @ , .!';pat Con Walter J. Vggel4ppg R9nold 'L..Cr4I%dy. _pjBtl•," -Drive Corp- r ' I to do and that m ' v wIT1Vlj;w hand fm Noto ? l1M.day any:yaa afpn?ild. ?'! J M such A-0 M_ Va"o 1"' i ILL. ?Anua? a wnwumlr tnarr ? ?+Myo•??M ??_ . • • ?, (Air l.`emmid6n Eip°fiae___ h.•ry •" ?ip I •he#;4by .cor•tigy thjt, the, Rrecise .rgsi once of the grant y 3'7s? ?Sullwa?.6? N1ccl?aalcs ,tea, rho ss- tt rney rantee y I..f, a H t Q COM MONWRALTH OP PENNSYIAANIA, ' ?N) OOUNTY OP %4be c 71 J} RECORDED on this day of Sy? A. D. lhl , to the Asw daes Oltke of the "id Cmmty, !n Dwd Book ''w' 1\\ • page I IV, . Giftn under my hud and the seat of tlm said o/fkm dw day and year ahxssdd. ?ti? IN ill ftdII0 ..,o-,w ? I us?or? OOM N ew Y wlheul ow bead am (I) } t J C L Ch.d APPrePdaft Am below for Ecowp om Cldwed ? Wd} or bdalnN aaanion } ? * wfr In Inderabl Darelopalde Alont., 1 ? Tiandw b a/err or draw part's (Med apt' of ee' pwy oWeennoq. . S ® Trwrfw balwae. wbdpel and elo.l. (Mad Q.W of a/aC* fpr.iby i GrOMM 1J, In PGW PW dead S _. A _00 32t I bRd fbdrr.eiia?Mw ti aa.dii?M MMi of (Adaeh copy of malNiej. ? Laedor hem .arrypyw b a haldw of a .wrgdle b delad. Af erllele look Neelhr ? . Aelo Narbr ? Ceneal. deed (Mad, apt' or dr pow doedl. r ? Swulory Rwpowle can 16% reryw or didrle.. (Mad oepy of orddn(. i O+lbw (Phew WWWR ewapden da6.e4 S ednr dw. ldd abon.l 7h_ drt y i`ce' f_ W r OLo dRt April IS., 1986 is becsass it has been held in escrow by oorrsspoffdN? sett Psfq tlr nov U M-2 of ;i leRef How wfinedeaiarI Mlpl. wa..IddMlMiNdawedt,leda/.laeawMeffM weltu?,rlldNAwMfofwylwealedN aw it el .alwe w . j (Su REauff) OW11 A+w Cede.....' 508 ll0M Swond Street, eareisbusq. pA 1 1 ?xti?1 ?+ N APPALACHIAN WELCOME LANDS ' PLEASE HELP US NATURAL KEEP THESE LANDS IN TtiEIR STATE FOR ALL TO ENJnv TRAVEL ONLY ON FOOT CARRY OUT ALL LITTER MANAGED BY VOLUNTEERS OF THE PROHIBITED USES: TREE CUTTING ALL MOTORIZED VEHICLES HORSES AND PACK STOCK Cumberland Valle Msna em Y A.T,? cro ATC Field Otrice,p,L). Boiling Springs, V' H ox i$t P171,107 (717) 258-577, CJ TH P' ` C( 2009 SEP 11 AM IQ: 52 7 #x k1-4 a36415-1 , 70 SEP 14 2009 (j_ GARY E. McMULLEN AND JODI L. McMULLEN,: IN THE COURT OF COMMON PLEAS Petitioners : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. CIVIL ACTION - LAW :NO. E. KROUT, JR., and D. JOANNE KROUT,: CARL F. MYERS and ESTHER ELIZABETH MYERS, CARROL F. TRACEY, JOSEPH M. BARRICK and GARY A. BARRICK, , JEFFREY A. WILBUR and HOLLY J. WILBUR, ; RONALD L. CRANDY Respondents vi STATUTORY PRIVATE ROAD PROCEEDING UNDER 36 P.S. § 2731 ?' ORDER AND NOW, this > day of La.] , 2009, upon consideration of the foregoing Petition for Appointment of a Board of Viewers, it is hereby ordered that a rule is issued upon the Respondents to show cause why a Board of Viewers should not be appointed, returnable within days of thi&4 re. 5 CWA-,Q BY J. FILED-+.1C OF THE F ?'; is`NCTARY 2069 SE-' 16 AH 8* 4 3 CUfs_ T '\J ??l ATTN: HONORABLE JUDGE EDGAR BAYLEY ANSWER TO SHOW CAUSE CIVIL ACTION LAW NO. 09-6158 SEPTEMBER 22, 2009 GARY E. McMULLEN AND JODI L. McMULLEN,: IN THE COURT OF COMMON PLEAS Petitioners : OF CUMBERLAND COUNTY, V. ELMER E. KROUT, JR., and D. JOANNE KROUT,: CARL F. MYERS and ESTHER ELIZABETH MYERS, CARROL F. TRACEY, JOSEPH M. BARRICK and GARY A. BARRICK, JEFFREY A. WILBUR and HOLLY J. WILBUR, RONALD L. CRANDY Respondents ORDER PENNSYLVANIA : CIVIL ACTION - LAW : NO. STATUTORY PRIVATE ROAD PROCEEDING UNDER 36 P.S. § 2731 AND NOW, this 15??day of 2009, upon consideration of the foregoing Petition for Appointment of a Board of Viewers, it is hereby ordered that a rule is issued upon the Respondents to show cause why a Board of Viewers should not be appointed, returnable within = days of this 4aft. S'Sw GE . BY THE COURT: TRUE COPY FROM RECORU in Twom my Awhe?rjY aW. I hm unto sd my ?h" 9 fA v4 ISO of JA at September 22, 2009 Cumberland County Courthouse Office of the Prothonotary Edgar B. Bayley 1 Courthouse Square Carlisle, PA 17013 In Re: Civil Action-Law No. 09-6158 Your Honor, My name is Ronald L. Crandy. I grow old and I grow tired. It is because of rich people that try to deceive the courts and judges like yourself of Cumberland County, in the effort to steal money and land from myself and my family. Sometimes I think to myself that death would be more easier and more pleasant than life itself. That is a sad thing for anyone to think. But that is the way my life has been on and off for the last 24 years now. I sit here today and I write to you sir in an effort to show cause for why a board of viewers should not be appointed and why this whole thing should be thrown out of court immediately. I also feel that Gary McMullen and Jodi McMullen should be prosecuted for making false statements to you your honor, under 18 PA.C.S.A. 4904, relating to unworn falsifications to authorities. First I am going to show that their lawyers didn't do a very good job on their research at all. Second I am going to show how the McMullen's are deceiving and scamming you your Honor into believing that they are being victimized by the United States of America and that they are the only true victims of this whole thing. The real truth is sir the only real true victims of this whole thing is my entire family, myself and all of my neighbors. It is directly because of this scam that the McMullen's are trying to pull over your eyes, your Honor. First the lawyers for the McMullen's in paragraph marked 24 tell you that Willow Lake Drive is a public road. That is not true. It is a private road owned and maintained by Richard Angmo. What they also don't tell you is Mr. Angino filed a lawsuit against me on December 22, 2003 and it is still pending. I have enclosed a letter dated March 19, 2004 from Mr. Angino to my lawyer Mr. Rupp for your Honor to read. It talks about my property being landlocked and how I owe him $30,000 for the road and utilities. On May 26, 2004 Mr. Angino verbally raised this figure to $100,000 for the road and utilities in the Honorable Judge Edward Guido's courtroom. Mr. Angino did this right after I called him an asshole. You see your Honor; this isn't the first time I have been scammed by a rich person. When the McMullen's lawyers talk about my deed in paragraph 22 they don't know why it took over 8 years to record and they also can't see that 2 paragraphs on my original deed have been whited out either. So I would like to explain to everyone that is involved in this new matter how and why these two things happened. First, why did it take more than 8 years to record my deed, on April 18, 1986 we all met at John Fenstermacher's. He was Mr. Angino's lawyer. Walter Vogelson and his lawyer, Roger Morgenthal, myself and my lawyer, Mr. Otto, and John Fenstermacher were all there. The only person that wasn't there was Mr. Angino. Walter and I signed a declaration of covenants and easements and the right of way agreements. All of our lawyers signed the deeds. Walter and I were then given copies of everything. We were told by John that when Mr. Angino gets here he will sign everything and that he will enter everything in the courthouse tomorrow. We all agreed and Walter and I paid John to do this for us. Three ?? days went by and this didn't happen. I called Ken Vandenburg. He said he had to talk to me. Ken came out to my land and met me. He told me he had a message for me from Mr. Angino. Ken said that Mr. Angino wants 5 more acres of land from me or he isn't going to enter my deed or agreements, and this also meant that I wouldn't be able to get electricity either. I didn't have any money to fight them in court and I wasn't about to give him 5 acres of my land. So more than 8 years passed until they gave up on getting my 5 acres. Mr. Angino's new lawyer contacted Mr. Otto and he told us that he was going to enter our deed but he wasn't going to enter our declaration of covenants and easements or our right of way agreements at this time. He said that Mr. Angino will get back with us on these two things at a later date. What he didn't tell us that day was he whited out two paragraphs on my original deed before he entered it in the courthouse. This is how two paragraphs got whited out in my original deed. The first one read like this, under and subject to a right of way agreement by and between Ronald L. Crandy, Walter J. Vogelsong and King Drive Corp. The second one read like this, under and subject to a declaration of convince and easements by and between Ronald L. Crandy, Walter J. Vogelsong and King Drive Corp. So you see your Honor, it took almost 10 years for Mr. Angino to get back with me on these two agreements. It came to me on December 22, 2003 when Mr. Angino filed a lawsuit against me claiming that these agreements never existed and that I now owe him $30,000 because I have a piece of landlocked property. On May 26, 2004 both Mr. Angino and Mr. Vandenburg testified in the Honorable Judge Edward Guido's courtroom that we never had any agreements between us and that I had a piece of landlocked property. That is why I called both of them assholes that day. When I left the courtroom that day I thought I had both of them by the balls. All I had to do was get a copy of the transcript and my evidence and prove they both perjured in the Honorable Judge Guido's courtroom that day. When I got the transcript and read it, I was blown away. Someone had altered the transcript. Everything that they testified to was changed. Everything that I testified was the same. I wanted to cry. Thirty days later I sent my interrogatories to Mr. Angino and I have never heard from him again. All together I have lost somewhere around $15,000 or more defending myself from this bogus lawsuit from Mr. Angino. Shortly after that I lost somewhere around $10,000 when Silver Spring Township denied my subdivision plan. Because I couldn't produce any signed right of way agreements between Mr. Angino and myself. Twenty-four years ago when I bought my property I had a dream. All I ever wanted to do was get married and have 2 beautiful children and give both of them a piece of my land before I die. That dream has faded now. So someone needs to inform the McMullen's and their lawyers that I can't give them a right of way because according to Mr. Angino I don't have one myself. Also Silver Spring Township says I can't give a right of way to my children because I don't have any to give. So you see your Honor, I know first hand all about rich people and their scams and how they get away with them. Enough about what the McMullen's lawyers had wrong, what they didn't tell you and what they didn't know about. Let's move on to what I know about the McMullen's right of way and how I know they are trying to scam the both of us. Twenty four years ago when I bought my property there wasn't a gate at the beginning of their right of way. The road was smaller and it was so washed out that it took a four wheel drive vehicle to get up it. Also this road only went to the beginning of Mr. Shipman's property. It didn't go through Mr. Shipman's property to Mr. Speece's property. It stopped a little past the beginning of Mr. Shipman's property. I think it was sometime in the early 90's or late 80's that the gate was put up by the Appalachian Trail people. Here are some facts that I know about this right of way and the gate. I know that someone affiliated with the Appalachian Trail gave Mr. Shipman a key that can get the gate open any time that he wants to.?` Mr. Shipman has stopped and opened the gate I believe dozens of times every year since they put up the gate. Mr. Shipman was an avid hunter. I personally had seen him hunting at least a 100 times or more over the last 20 years. Last year was the first time I didn't see him at all for some reason. You could always count on him showing up every year right before hunting season and cutting all of the fallen trees off of the right of way from the gate all the way up to the beginning of his property. Mr. Shipman always parks at the same spot right at the beginning of his property every year. I also saw Mr. Shipman on a couple of occasions cutting firewood on his property when it wasn't hunting season. One time a couple of my hunting friends were hunting by Mr. Shipman's land. One of them shot a deer and was dragging it down the right of way road. They were almost at the top of the mountain and their car was parked down below the gate. Mr. Shipman told them that he was going to eat lunch soon and later on he was coming back to hunt some more. He told them he would give them a ride down to their car. So they put the deer in the back of his truck and they jumped in the front of the truck. Mr. Shipman drove down to the gate and stopped; he got out and unlocked it. He drove through the gate and stopped again. He got out and locked the gate. He drove to my friend's car and stopped. They got out and took the deer out of the bed of the truck. They thanked him and he went to lunch. I don't believe Mr. Shipman has ever been told he couldn't drive up to his property. Or cut the fallen trees off the road. Fact 2, around 15 years ago a logging company offered Mr. Speece $39,000 for some of his trees that were on his property. Mr. Speece got a hold of the Appalachian Trail people and asked them if he could improve the road. He told them he wanted to timber his property. Mr. Shipman also timbered his property at the exact same time. Mr. Speece personally told me it cost him somewhere around $14,000 just for the road improvements alone. They filled in the holes, cut spots for the water to run, put drain pipes under the road, put stone on the road at some places and even widened the road at certain spots. Mr. Speece also had them extend the road from the beginning of Mr. Shipman's property to the beginning of his own property. After that Mr. Speece had a key to the gate and I personally seen Mr. Speece or his son or friends hunting on his property at least 20 times or more. I don't believe Mr. Speece was ever told that he couldn't drive up to his property for whatever reason he wanted to go to his property. I don't think he was ever told that he couldn't' remove any fallen trees on the right of way either. A couple of years before Mr. Speece logged his property he contacted me about buying his land for $99,000. The first thing I thought was I'll buy his property and bring the utilities in that way since Mr. Angino wouldn't allow me to bring it in through his land. So I called someone in Virginia that had to do with the Appalachian Trail. I talked to them about the road. They said I was the I& caller that week about Mr. Speece's property. I asked them if I bought Mr. Speece's property could I get a key to the gate. They said yes, and they told me that they weren't trying to keep anyone from getting to their property. They told me they put up the gate because of people driving back the road and dumping trash, like tires and washing machines. I told them I didn't blame them at all. I would've done the same thing. Then I asked them if I could improve the road. They said that I could put stones on it but I couldn't pave it with blacktop. They said they wanted everything to look natural. I asked them if I could run electricity up the road. They said no. I said what if I ran it under ground and again they said no. They told me they didn't care if I built a house on my property they just wanted me to know up front that I would have to bring the utilities in from another way. I told them thank you and I hung up. I didn't buy Mr. Speece's property because I couldn't bring any utilities that way. One thing I do know is that they never once mentioned anything about limiting my travel to or from Mr. Speece's property if I bought it. I truly believe it is the buyer's sole responsibility to have the titled searched. And to ?V? 3 investigate what restrictions there are on the property and for what uses this property could be used for. The gate was there long before the Petitioners bought Mr. Speece's property. They knew this without any doubt in anyone's mind. They knew they would have to stop and unlock this gate every time they wanted to go their property. When they gave Mr. Speece $250,000 for his land they accepted this fact about the gate and agreed to this by sealing the deal by giving the money to Mr. Speece. Over the last 9 or 10 years the part of road that runs through Mr. Shipman's land and goes to the McMullen's property has grown shut again. There were at least four trees across it and the briers were at least 10 feet high. Until sometime in November last year. At the end of October there were at least 6 trees down on the right of way that goes to the beginning of Mr. Shipman's property. And the part that was on Mr. Shipman's land was grown shut and had trees across it also. Sometime in November someone unlocked the gate and drove up and cut all the trees off of the right of way that goes to the McMullen's. It had to have taken them at least a couple of days to do all of this. Even the part that ran through Mr. Shipman's property was cleared and in fact they cleared at least 20 to 30 new feet into the McMullen's property itself. In hunting season in December we all saw a pickup truck travel up to the McMullen's property at least 3 or 4 times. Every time this pickup truck showed up it parked on this new 20 or 30 feet that was cleared into the McMullen's property. The hunters would get out and hunt the McMullen's property right above my property. We all saw this. I don't know who this was but I don't think it was Mr. Shipman because it wasn't his truck. I just don't believe Mr. Shipman would all of a sudden start parking on the McMullen's property to hunt his own property. I believe it was the McMullen's themselves or someone they knew and gave the key to the gate and they cleared all the right of way of fallen trees and drove a motorized vehicle up this road to hunt. That is all the facts that we know about this right of way. Now let's look at paragraph number 5 on the petition with appointment of a board of viewers. This paragraph is what they base their whole petition on. Let's look at the last sentence. It says as a result, petitioners only have limited pedestrian access to petitioner's property, no vehicle access and are prohibited from clearing obstructions on the right of way rendering the petitioners property essentially landlocked. To prove this to you your Honor they took a picture of the sign that is on the gate itself. The sign posted on the gate states that travel should only be on foot and list the following prohibited uses, tree cutting, all motorized vehicles horses and pack stock. To me this whole paragraph is a big scam and the picture that they show us is just a prop of the scam itself. If that person that opened the gate on many occasions cleared the road and parked on the petitioners property and went hunting on the petitioners property last hunting season was known by the petitioners or even been them themselves then this whole paragraph is nothing but a blatant lie and a scam from the beginning to the end. I will leave everything up to you your Honor because I believe you will get to the truth of the whole thing. It could easily be done. I want you to know everything I wrote to you in this letter is true and can be proven. I will be waiting for your answer on weather a board of viewers should or should not be appointed. I am enclosing a copy of some notes of decisions on private roads that could be viewed to help make a decision on this matter. I believe these two things that I have highlighted are very similar to what is going on before you. Thank you your Honor for taking the time to listen to me. Ronald L. Crandy G ?09 a? A I i*4GINO & ROVNER, P.C. 4503 NORTH FRONT STREET HARRISBURG, PA 17110.1708 717/238-6791 FAX 717/238.5610 RICHARD C. ANGINO MICHAEL E. KOSIK NEIL]. ROVNER RICHARD A. SADLOCK JOSEPH M. MELILLO JAMES DECINTI TERRY S. HYMAN JOAN L. STEHULAK DAVID L. LUTz LISA M. BENzIE W W W.ANGINO•ROVNER.COM EMAIL: RCA@ANGINO-ROVNER.COM March 19, 2004 Richard C. Rupp, Esquire Rupp and Meikle 355 North 21St Street f? T. T. I I', A ?t:tlll?,: l lilt, l: l 1/ v Re: Angino v. Crandy Dear Mr. Rupp: Enclosed is my Reply to New Matter and Counterclaim. You will note that our Interrogatories and Request for Production dated 12/29/03 are long overdue. I request that responses be promptly filed. If I do not have responses within the next ten days, I will file a motion to compel with the request to impose of sanctions. I also want to take the deposition of Mr. Crandy as soon as possible. Assuming we will have answers to my Interrogatories and Requests for Production within the next ten days, my secretary will be in touch with you to set up the deposition soon thereafter. Thank you for your cooperation in this regard. I recognize that Mr. Crandy has blamed me for certain activities which occurred involving independent contractors hired by me. I would like for you to assure him that I had absolutely nothing to do with any actions taken by any independent contractor, which may have involved trespassing onto his land. I engaged a civil engineer. I engaged independent contractors. I signed a contract with PP&L. I did everything that a responsible owner could be expected to do for the construction of a road on his property. I apologize for any trespass by any independent conltraclor ands/or by PP&L itself. I am currently looking into how it may have occurred that PP&L could have proceeded to install electric lines on Mr. Crandy's property unless Mr. Crandy signed an agreement with PP&L. On the other hand, Mr. Crandy has benefited from the use of an access road for many years at no expense. More recently, I have expended a considerable amount of money to construct and pave a road from which Mr. Crandy will obtain substantial benefit. He certainly should contribute at least 10 or 15% of the approximately $300,000 of costs incurred for the road and the electric service of which he has benefited. Without the road and without the electricity, Mr. Crandy would be unable to get to his property and/or otherwise function in a 21St or even 20th century manner. Both a road and electrical services now lead to his property. You are certainly knowledgeable in the field of real estate law. It is true that a landlocked property is entitled to obtain an easement by necessity. For that easement of 273704.1\RCA\SC Richard C. Rupp, Esquire March 19, 2004 Page 2 necessity, a landlocked property must contribute a fair share of the cost and maintenance of the road. Presumably, the same principles apply as to utilities. I suggest that, since Mr. Crandy has benefit to the extent of at least 10% of $300,000 or $30,000 and that the independent contractors may have damaged him to the extent of $5,000, Mr. Crandy pay the sum of $25,000 to resolve the road/utility issue. As to the spite signs, I already have a potential buyer for $210,000, who has signed a contract and who is now going to void the contract because of Mr. Crandy's spite signs. If Mr. Crandy does not voluntarily remove the spite signs within the next ten days and I lose this contract, I will be looking to receive from him the $210,000 I am going to lose. As you might suspect, this matter is of critical urgency. The failure to remove the signs may lead to punitive damages in addition to compensatory. I suggest we complete our discovery in the next 60 days and that I proceed then to list the matter for trial. I am prepared to go to trial as soon as I have answers to my Interrogatories and Requests for Production and take Mr. Crandy's deposition. I suggest that you promptly file your Interrogatories and Requests for Production and take depositions of whomever you feel will be necessary for you to defend the case. Please advise me as to any reasons that you will not be prepared for the listing of this case for trial within 60 days. Thank you. Very,,. yours, Richard C. Angino RCA/sc Enclosure 273704.1\RCA\SC 36 § 2732 PMATZ ROADS Xottl of Deelsioas 1= . I? 1s.d. i Construction and application 9 Necessity of road 2 Review of proceedings b Vacation of road 4 Width of road 3 Library references Private Roads Ga2(4). C.J.S. Private Roads $ S. 1. Construction and application Legislation authorizing establishment of private roads is in the nature of eminent domain legislation and must be strictly construed. Application of Lit- tle, 119 A.2d 687, 180 Ps.Super. 655, 1956. 2. Necessity of road The report should state that the road is necessary, or it will be fatally defec- tive; and it is not sufficient merely to return the road for private use. Bliss's Road, 51 Pa. 94, 1866; Harbaugh's Road, 8 C.C. 671, 1889; but see Reserve Township Road, 2 Gr. 204, 1859. It Is sufficient to state that there is "occasion" for the road, Pocopson Road. 16 Pa. 15, 1851; and under the act of 1802. April 6, P.L. 178, 3 Sm.L. 512, $ 1 (repealed) a report which stated that a road was necessary, without stating whether it was necessary as a public or as a private road, was held sufficient, when it appeared from the description that it was a private road. Kyle's Road, 4 Y. 514, 1808. In proceeding to determine necessity for establishing private road. Board of Viewers correctly held that determina- tion must be confirmed to present ne- cessity, under present use of applicant's land, and could not consider contem- plated subdivision and commercial en- hancement of portion of land as affect- ing necessity. Application of Little, 119 A.2d 687, 180 Pa.Super. 555, 1956. The statute governing establishment of private roads does not require abso- lute "necessity," such as being com- pletely landlocked, but mere inconven- ience In use of existing road is not enough and existing road must be of a limited privilege or extremely difficult and burdensome in its use to warrant appropriation of another more conven- ient course. Id. In proceeding to determine necessity for establishing private road, applicant C.I may not obtain advisory deterwh atisn Of right to such road before expend money to create conditions which qeu? result in such necessity. Id. Board of viewers had power to ants!. pret the law in determining necesdtb for establishment of private road. "Necessary", does not import an ib. solute physical necessity but mer* a reasonable necessity under all dreamt, stances, including cost and distance in, volved in use of any alternative routs In re Private Road in Juniata Tp,, ft D. & C. 418, 1948. A report of viewers in favor of a pet. vats road will be set aside, on exop, tions showing that the petitioner airw*, has a road by the terms of the atr4s• went under which he bought his ira and that that road has been in use i!k a number of years. Plum Townsyt Private Road, 48 Pitts. 171, 1900, The fact that the petitioner may resch a public highway over his own land Is not conclusive against the necessity of s private road, if the route over his own land would be especially diffleWt and burdensome. Brecknock Townsht8 Road, 2 Woodw. 437, 1874. & Width of road The court may at a subsequent tw= correct a mistake in fixing the width, if another term is allowed to elapse before absolute confirmation. Kingston Township Private Road, 5 Kulp, 235, 1883; Union Township Private Road, 14 C.C. 436, 7 Kulp, 245, 5 Del. 460, 7 York, 166, 1894. When the report estimates the dam- ages for a road of a certain width, it is error to confirm the report and order the road to be opened of a greater width. But this can be amended by a rune pro tune order fixing the width at that estimated on by the viewers. Clowes's Private Road, 31 Pa. 12, 1854; Dover Township Road, 12 York, 26, 1898; Breach Creek Township Road, 34 C.C. 570, 17 Dist. 581, 1908. A private road cannot be laid out of a greater width than twenty-five feet, as prescribed by section 5 of the act, now amended by the act of 1907, June 7, P.L. 452, 5 1 (section 1901 of this title). Killbuck Private Road, 77 Pa. 39, 1874. The width may be fixed after the con- firmation; the order of confirmation 288 I It_ i ? 2969 SEP 22 1''.1 r { r 4.: <a. Sheriffs Office of Cumberland County R Thomas Kline Sheriff Htr ist ?rm?rrr? Ronny R Anderson Chief Deputy ?. Jody S Smith Civil Process Sergeant Fr 'E OF r"° -ERira Edward L Schorpp Solicitor 1!1!ii ITS, 7PY ZD 9 Hj) 21 r? Lf L !V! Gary E. McMullen vs. Elmer E. Krout, Jr. SHERIFF'S RETURN OF SERVICE Case Number 2009-6158 09/14/2009 07:27 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Elmer E. Krout, Jr., but was unable to locate him in his bailiwick. He therefore returns the within Petition as not found as to the defendant Elmer E. Krout, Jr. Deputy's were advised the defendant is deceased. 09/14/2009 07:27 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2009 at 1927 hours, he served a true copy of the within Petition, upon the within named defendant, to wit: D. Joanne Krout, by making known unto herself personally, at 126 Glendale Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. 09/14/2009 07:12 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2009 at 1912 hours, he served a true copy of the within Petition, upon the within named defendant, to wit: Carl F. Myers, by making known unto himself personally, at 117 Glendale Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. 09/14/2009 07:12 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2009 at 1912 hours, he served a true copy of the within Petition, upon the within named defendant, to wit: Esther Elizabeth Myers, by making known unto herself personally, at 117 Glendale Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. 09/14/2009 07:05 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2009 at 1905 hours, he served a true copy of the within Petition, upon the within named defendant, to wit: Carrol F. Tracey, by making known unto herself personally, at 104 Glendale Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to her personally the said true and correct copy of the same. 09/14/2009 07:22 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2009 at 1922 hours, he served a true copy of the within Petition, upon the within named defendant, to wit: Joseph M. Barrick, by making known unto himself personally, at 106 Glendale Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. 09/14/2009 07:22 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2009 at 1922 hours, he served a true copy of the within Petition, upon the within named defendant, to wit: Gary A. Barrick, by making known unto himself personally, at 122 Glendale Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. 09/14/2009 07:33 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2009 at 1933 hours, he served a true copy of the within Petition, upon the within named defendant, to wit: Jeffrey A. Wilbur, by making known unto himself personally, at 132 Glendale Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. -nt,C7F G/Sc 09/14/2009 07:33 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 14, 2009 at 1933 hours, he served a true copy of the within Petition, upon the within named defendant, to wit: Holly J. Wilbur, by making known unto Jeffrey Wilbur, husband of defendant at 132 Glendale Drive Mechanicsburg, Cumberland County, Pennsylvania 17050 its contents and at the same time handing to him personally the said true and correct copy of the same. 09/15/2009 03:56 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 15, 2009 at 1556 hours, he served a true copy of the within Petition, upon the within named defendant, to wit: Ronald L. Crandy, by making known unto himself personally, at 134 Willow Lake Drive Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $236.40 SO ANSWERS, September 16, 2009 R THOMAS KLINE, SHERIFF Docket No. 2009-6158 Gary E. McMullen VS Elmer E. Kroust, Jr. By e,07 .? Deputy heriff UuOy 4ShAilf GARY E. McMULLEN and JODI L. McMULLEN Petitioners Vs. ELMER E. KROUT, JR., and D. JOANNE KROUT, CARL F. MYERS and ESTHER ELIZABETH MYERS, CARROL F. TRACEY, JOSEPH M. BARRICK and GARY A. BARRICK, JEFFREY A. WILBUR and HOLLY J. WILBUR, RONALD L. CRANDY, Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09-6158 CIVIL Statutory Private Road Proceeding Under 36 P.S. §2731 NOTICE TO PLEAD TO: GARY E. McMULLEN and JODI L. McMULLEN, PETITIONERS: You are hereby notified to plead to the enclosed Answer with New Matter within 20 days after service thereof or judgment by default may be entered against you. ETZWEILER & ASSOCIATES By: ".4- Christian S. Daghir, Es re Supreme. Ct. I.D. No.47741 105 North Front Street Harrisburg, PA 17101 (717) 234-5600 Attorney for Respondents, D. Joanne Krout, Carl F. Myers, Esther Elizabeth Myers, Carrol F. Tracey, Joseph M. Barrick, Gary A. Barrick, Jeffrey A. Wilbur and Holly J. Wilbur GARY E. McMULLEN and JODI L. MCMULLEN Petitioners Vs. ELMER E. KROUT, JR., and D. JOANNE KROUT, CARL F. MYERS and ESTHER ELIZABETH MYERS, CARROL F. TRACEY, JOSEPH M. BARRICK and GARY A. BARRICK, JEFFREY A. WILBUR and HOLLY J. WILBUR, RONALD L. CRANDY, Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09-6158 CIVIL Statutory Private Road Proceeding Under 36 P.S. §2731 ANSWER TO PETITION FOR THE APPOINTMENT OF A BOARD OF VIEWERS BY RESPONDENTS, D. JOANNE KROUT. CARL F. MYERS, ESTHER ELIZABETH MYERS, CARROL F. TRACEY, JOSEPH M. BARRICK, GARY A. BARRICK, JEFFREY A. WILBUR AND HOLLY J. WILBUR Respondents, D. Joanne Krout, Carl F. Myers, Esther Elizabeth Myers, Carrol F. Tracey, Joseph M. Barrick, Gary A. Barrick, Jeffrey A. Wilbur and Holly J. Wilbur, (hereinafter referred to as the "Respondents"), by and through their undersigned counsel, Etzweiler and Associates, file the following Answer to the Petition for the Appointment of a Board of Viewers: 1. Admitted. G:\WP\DOCICN.FLEVRIV-RD.FLETRIV-RD.DONWcMullmAmu r.wpd 1 2. Admitted. 3. Admitted. Byway of further answer, the Mutual Right-of-Way Agreement specifically grants rights of ingress, egress and regress to and from the Petitioners' property and also "the right to improve and maintain said right-of-way at all times hereafter and forever 4. Denied as stated. Respondents lack knowledge or information sufficient to form a belief as to the truth of the averment contained in paragraph four (4) that the Mutual Right-of-Way Agreement provides the only access to Petitioners' property. By way of further answer, the access to Petitioners' property is by way of a twenty (20) foot right-of-way emanating from Deer Lane off of Pennsylvania Route 944, also known as the Wertzville Road, over lands of Mark and Sharon Fleming, then over lands owned by the National Park Service of the United States of America (hereinafter referred to as the "National Park Service") and then over lands of at least one (1) additional third party. By way of further answer, the Deed attached to the Petition as Exhibit "C" specifically provides that the National Park Service took title to said property subject to those rights outstanding in third parties for existing easements and specifically the Mutual Right-of-Way Agreement. 5. Denied. It is specifically denied that Petitioners are unable to consistently access Petitioners' property by way of the right-of-way granted in the Mutual Right-of-Way Agreement. For further answer to the allegations set forth in paragraph five (5) of the Petition, see the New Matter under this Answer. 6. Denied. It is specifically denied that a private road is necessary for G:\WP\DOC\CIV.FLE\PRIV-RD.FLE\PRIV-RD.DON\McMulleMnswer.wpd 2 Petitioners to have access to Petitioners' property. For further answer to the allegations set forth in paragraph six (6) of the Petition, see the New Matter under this Answer. 7. Admitted in part and denied in part. It is admitted that D. Joanne Krout is the fee simple owner of the property commonly known as 126 Glendale Drive, Silver Spring Township, Cumberland County, Pennsylvania. By way of further answer, Elmer E. Krout, Jr. is deceased, having passed away on July 11, 2006. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted. 18. Admitted. 19. Paragraph 19 contains statements to which a responsive pleading is not required. By way of further answer, it is specifically denied that Petitioners are entitled to the opening of a private road from the end of Glendale Drive to Petitioners' property utilizing the existing right-of-way over the Barrick property and the Tracey property and extending G:\WP\DOC\CIV.FLE\PRIV-RD.FLE\PRIV-RD.DOMMcMullenAme r.wpd 3 approximately 500 feet across lands of either Myers or Krout to Petitioners' property. 20. Denied. It is specifically denied that Glendale Drive is in close proximity to Petitioners' property. By way of additional answer, it is denied that the land on the Krout property and/or the Myers property is well-suited for a private road to Petitioners' property, and significant injury will result to Respondents if a private road over Respondents' property is granted to Petitioners. For further answer to the allegations set forth in paragraph twenty (20), see the New Matter under this Answer. 21. Paragraph 21 contains statements to which a responsive pleading is not required. To the extent a response is necessary, the averments contained in paragraph 21 are specifically denied. 22. The averments contained in paragraph 22 pertain to Ronald L. Crandy who is not represented by the undersigned counsel in this matter. 23. The averments contained in paragraph 22 pertain to Ronald L. Crandy who is not represented by the undersigned counsel in this matter. 24. The averments contained in paragraph 22 pertain to Ronald L. Crandy who is not represented by the undersigned counsel in this matter. 25. Denied. Petitioners already have sufficient access to Petitioners' property by way of an existing road which is sufficient for the present use of the property. 26. Denied. It is specifically denied that a private road over Respondents' property is necessary as Petitioners already have access by way of an existing road and right- of-way to the Petitioners' property, which is sufficient for the property's present use. G:\WP\DOC\CIV.FLE\PRIV-RD.FLE\PRIV-RD.DONWeMulleMnswer.wpd 4 NEW MATTER 27. Paragraphs 1 through 26 of Respondents' Answer are incorporated herein in full by reference. 28. The undersigned counsel does not represent Respondent Ronald L. Crandy in this matter. 29. Petitioners' property is unseated mountain land located on the south side of Blue Mountain situate in Silver Spring Township, Cumberland County, Pennsylvania. 30. Petitioners' property has never been developed and has been used nearly exclusively by Petitioners, Petitioners' predecessors in title and other individuals for recreational purposes. 31. Petitioners currently have access to Petitioners' property by way of a private road over lands of the National Park Service and other third parties. 32. The private road that provides access to Petitioners' property (hereinafter referred to as the "Private Road"), is laid out over the right-of-way established by the Mutual Right-of-Way Agreement. 33. The Private Road commences at the end ofDeer Lane, which is a public road off Pennsylvania Route 944, also known as the Wertzville Road. 34. The Private Road proceeds in a northeasterly direction over lands of Mark W. Fleming, et ux. to a metal gate at the boundary of lands of the National Park Service. 35. The Private Road proceeds over the lands of the National Park Service at a gentle to modest grade in a northeasterly direction. G:\WP\DOC\CIV.FLE\PRIV-RD.FLE\PRIV-RD.DON\McMullenAnswe .wpd 5 36. From the lands ofthe National Park Service, the Private Road proceeds over relatively flat terrain in an easterly direction over lands that Respondents believe and therefore aver are now or formerly of Richard Shipman and possibly others. 37. Respondents' counsel is in the process of researching the titles of the properties which are subject to the Mutual Right-of-Way Agreement and will supplement this Answer as necessary as more information is obtained. 38. On September 26, 2009, several Respondents and the undersigned counsel walked the Private Road from Deer Lane to Petitioners' property. 39. As of September 26, 2009, the Private Road was unobstructed and was easily traversable by a motor vehicle. 40. On September 26, 2009, several Respondents and the undersigned counsel observed fresh tire tracks on the Private Road. 41. On September 26, 2009, several Respondents and the undersigned counsel observed drain tiles along the Private Road and shale deposited on the Private Road. 42. It is believed and therefore averred that Petitioners' predecessors in title, Lewis E. Speese and Maryann B. Speese ("Speese"), used the Private Road to timber Petitioners' property on at least one previous occasion after the metal gate was erected by the National Park Service on said Private Road. 43. If Petitioners have not already done so, Petitioners can obtain a key to the locked metal gate on the Private Road by sending a copy of the Mutual Right-of-Way Agreement to the National Park Service in Martinsburg, West Virginia. G:\WP\DOC\CIV.FLE\PRIV-RD.FLE\PRIV-RD.DOMMcMullenAnsw r.wpd 6 44. Under the terms of the Mutual Right-of-Way Agreement, Petitioners can maintain and improve the right-of-way and use the right-of-way for ingress, egress and regress to and from the Petitioners' property. 45. Ownership by the National Park Service of the properties described in whole or in part in the Mutual Right-of-Way Agreement is subject to Petitioners' rights of ingress, egress and regress and Petitioners' rights of maintenance and improvement contained in the Mutual Right-of-Way Agreement. 46. Speese accessed Petitioners' property by motorized vehicle over the Private Road. 47. Petitioners accessed Petitioners' property by motorized vehicle over the Private Road. 48. Access to Petitioners' property from the Silver Springs Township public road known as Willow Lake Drive, is approximately 1100 feet. 49. The distance to Petitioners' property from the Silver Springs Township public road known as Glendale Drive is approximately 1700 feet over the Myers property and approximately 2250 feet over the Krout property. 50. The construction of the proposed road over the Myers property would require the removal of a garden and would pass in close proximity to the sanitary septic system for the Myers residence and a kennel which is being constructed on the Myers property. 51. The construction of the proposed road over the Myers property could contaminate a spring which is the source of drinking water for the Myers property. G:\WP\DOC\CIV.FLE\PRIV-RD.FLE\PRIV-RD.DON\McMullenA s cr.wpd 7 52. Carl F. Myers and Esther Elizabeth Myers have had quiet enjoyment of the Myers property for their entire married life of 54 years. 53. Carl F. Myers has lived on the Myers property for 84 of his 87 years of life. 54. The construction of a private road over either the Myers property or the Krout property could result in water flowing from Petitioners' land onto the area ofthe Myers' residence. 55. The proposed road over the Krout property would interfere with the drain field and septic tank located on the Krout property which would result in significant damage to the Krout property. 56. The Petitioners are not entitled, under the Private Road Act, to a private road by necessity over adjacent landowners' property, even though the only existing road to their mountain property may not be suitable for their intended future use, such as the construction of a residential home, where the existing road to the Petitioners' property is sufficient for the present use, which is recreational, outdoor use. See Petition of Packard, 926 A.2d 557 (Cmwlth. Ct. 2007), appeal denied., 596 Pa. 711, 940 A.2d 367 (2007). 57. Since there is no necessity for a private road over Respondents' property, there is no necessity for the appointment of a Board of Viewers. 58. Petitioners have not attached to the Petition a plan depicting the precise location of any of the three proposed roads requested by the Petitioners. 59. Respondents are unaware of the precise location of any of the proposed roads requested by the Petition and, consequently, there is the potential for additional harm and G:\W P\DOC\CI V.FLE\PRI V-RD.FLE\PRI V-RD.DON\ M4cMulleMnswer.wpd 8 for additional harm and damage to their respective properties. 60. Counsel for the Respondents respectfully represents that because of the frailties of his physical condition due to his advanced years, Carl F. Myers is unable to verify this Answer to Petition for the Appointment of a Board of Viewers. WHEREFORE, Respondents demand that the Petition for the Appointment of a Board of Viewers be denied and such other relief as the court deems appropriate under the circumstances. ETZWEILER AND ASSOCIATES By u4,; /ti: j L' r.,,,. Christian S. Daghir, E ire Supreme Court I.D. #47741 105 N. Front Street Harrisburg, PA 17101 (717) 234-5600 G:1WP\DO RCN.FLEIPRN-RD.FLEIPRN-RD.DOMMcMullenAmw r.vio We verify that the statements made in this Answer to Petition for the Appointment of a Board of Viewers are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Dated: /D - - U D. Jo e Krout Esther Eli Carrol F. Tracey . Barrick Gary A. B ck -z W? Jeffrey A. Wilbur D Holly J. Wilbur CERTIFICATE OF SERVICE AND NOW, this 6-41k day of ON bey- _, 2009, I, Christian S. Daghir, Esquire, of the Law Offices of ETZWEILER & ASSOCIATES, Attorneys for Respondents, D. Joanne Krout, Carl F. Myers, Esther Elizabeth Myers, Carrol F. Tracey, Joseph M. Barrick, Gary A. Barrick, Jeffrey A. Wilbur and Holly J. Wilbur, hereby certify that I served a copy of the Answer to Petition for the Appointment of Board of Viewers and New Matter in the above- captioned matter upon G. Bryan Salzmann, Esquire, Attorney I.D. No. 61935, Susann B. Morrison, Esquire, Attorney I.D. No. 77041, 354 Alexander Spring Road, Suite 1, Carlisle, PA 17015, Attorney for Petitioners, Gary E. McMullen and Jodi L. McMullen, and Ronald L. Crandy, of 134 Willow Lake Drive, Carlisle, PA 17015, this day by depositing the same in the United States Mail, postage prepaid, in the post office at Harrisburg, Pennsylvania. ETZWEILER & ASSOCIATES By:J?Wyza*--34 edu'4% Christian S. Daghir, EsVire Supreme. Ct. I.D. No.47741 105 North Front Street Harrisburg, PA 17101 (717) 234-5600 11 RLED-a':,:1,CE OF THE P )THQ_,,%lOTA Y 2009 OCT -5 AM i I.O 7 t,.=-a ??;;?•,? iii, ii'!' GARY E. McMULLEN AND JODI L. MCMULLEN,: IN THE COURT OF COMMON PLEAS Petitioners : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. ELMER E. KROUT, JR., and D. JOANNE KROUT,: CARL F. MYERS and ESTHER ELIZABETH MYERS, CARROL F. TRACEY, JOSEPH M. BARRICK and GARY A. BARRICK, JEFFREY A. WILBUR and HOLLY J. WILBUR, ; RONALD L. CRANDY Respondents : CIVIL ACTION LAW : NO. 09-6158 CIVIL STATUTORY PRIVATE ROAD PROCEEDING UNDER 36 P.S. § 2731 PETITIONER'S REPLY TO NEW MATTER Petitioners Gary E. McMullen and Jodi L. McMullen (hereinafter referred to as `Petitioners), by and through their undersigned counsel, Salzmann Hughes, P.C., file the following Reply to New Matter: 27. The averments of Petitioners' Petition for Appointment of a Board of Viewers are incorporated herein by reference as if fully set forth. 28. Petitioners are without sufficient knowledge to respond to the averment in Paragraph 28. 29. Admitted. 30. Admitted in part and denied in part. It is admitted that Petitioner's Property has never been developed. It is denied that Petitioner's Property has been used exclusively for recreational purposes. 31. Denied as stated. Petitioners currently have access to Petitioner's Property by virtue of a Mutual Right of Way Agreement, which right of way extends from Deer Lane to a locked gate, along undeveloped lands of the United States of America and other properties a distance of approximately 3650 feet to Petitioner's Property. 32. Petitioners are without sufficient knowledge regarding the`lrivate road'referred to in Paragraph 32. Petitioners currently have access to Petitioner's Property by virtue of a Mutual Right of Way Agreement, which right of way extends from Deer Lane to a locked gate, along undeveloped lands of the United States of America and other properties a distance of approximately 3650 feet to Petitioner's Property. 33. Petitioners are without sufficient knowledge regarding the`private road'referred to in Paragraph 33. Petitioners currently have access to Petitioner's Property by virtue of a Mutual Right of Way Agreement, which right of way extends from Deer Lane to a locked gate, along undeveloped lands of the United States of America and other properties a distance of approximately 3650 feet to Petitioner's Property. 34. Petitioners are without sufficient knowledge regarding the`?rivate road'referred to in Paragraph 34. Petitioners currently have access to Petitioner's Property by virtue of a Mutual Right of Way Agreement, which right of way extends from Deer Lane to a locked gate, along undeveloped lands of the United States of America and other properties a distance of approximately 3650 feet to Petitioner's Property. 35. Denied as stated. Petitioners' right of way extends across lands owned by the United States of America. It is denied that the grade is"gentle to modest" 36. Denied as stated. Petitioners' right of way proceeds over lands believed to be owned by David R. and Alice Jean Shipman. It is denied that the grade istelatively flat" 37. Paragraph 37 contains statements to which no responsive pleading is required. 38. Petitioners are without sufficient knowledge to respond to the averment in Paragraph 38. 39. Denied. As of October 13, 2009, access to Petitioners' Property continued to be obstructed and not easily traversable by vehicle. 40. Petitioners are without sufficient knowledge to respond to the averment in Paragraph 40. 41. Petitioners are without sufficient knowledge to respond to the averment in Paragraph 41. 42. Admitted. 43. Petitioners are without sufficient personal knowledge to respond to the averment in Paragraph 43 that a key can be obtained from the National Park Service. However, Petitioners do have a key to the gate obtained from the prior owners of their property. Nonetheless, Petitioners access to their property is extremely difficult and burdensome in that the right of way travels a distance of approximately 3650 feet through a locked gate and across mountainous ground with fallen trees and overgrowth. 44. Admitted in part. It is admitted that the terms of the Mutual Right of Way Agreement grant the right of ingress, egress and regress as well as the right to improve and maintain the right of way. However, to date, Petitioners have not received permission from the National Park Service to improve the right of way for vehicular access. 45. Denied as stated. The United States of America owns certain properties, the deeds for which state that they are subject to the Mutual Right of Way Agreement. 46. Petitioners are without sufficient knowledge to respond to the averment in Paragraph 46. 47. Denied. Petitioner is not currently able to access Petitioners' Property by vehicle. 48. Petitioners are without sufficient knowledge regarding the distance to Willow Lake Drive as stated in the averment in Paragraph 48. 49. Denied. Petitioners request the opening of a private road from the end of Glendale Drive to Petitioner's Property utilizing the existing right of way over the Barrick and Tracey properties and extending approximately 500 feet across the Krout or Myers property. 50. Petitioners are without sufficient knowledge to respond to the averment in Paragraph 50. Strict proof thereof is demanded. 51. Petitioners are without sufficient knowledge to respond to the averment in Paragraph 51. Strict proof thereof is demanded. 52. Petitioners are without sufficient knowledge to respond to the averment in Paragraph 52. 53. Petitioners are without sufficient knowledge to respond to the averment in Paragraph 53. 54. Petitioners are without sufficient knowledge to respond to the averment in Paragraph 54. Strict proof thereof is demanded. 55. Petitioners are without sufficient knowledge to respond to the averment in Paragraph 55. Strict proof thereof is demanded. 56. Denied as a conclusion of law to which no responsive pleading is required. To the extent a response is required, see the response to Paragraph 57 below for further answer. 57. Denied. Paragraph 57 is denied as an incorrect conclusion of law. The only issue raised on a rule to show cause why a Board of Viewers should not be appointed in a private road proceeding brought under The Private Road Act is whether the Petition contains the necessary information to require a Board of Viewers to be appointed. In re Private Road in Nescopeck Township, 281 Pa.Super. 341, 344, 422 A.2d 199, 201 (1980). The burden on the Petitioner is to plead that there is more than mere inconvenience in access to the property, but that it is`V,&emely difficult and burdensome" Lobdell v. Leichtenberger, et al, 442 Pa.Super. 21, 28, 658 A.2d 399, 403 (1995). The trial court must take the factual statements in the Petition as true, with all reasonable inferences to determine if the Petitioner has satisfied its burden. Id. `it is not for the trial court to determine whether, in fact, a necessity has been proven; that is a matter for the board of viewers" Id. Petitioners herein have met their burden of averring sufficient information in the Petition to require appointment of a Board of Viewers. 58. Admitted. Petitioners did not attach a plan to the Petition. 59. Petitioners are without sufficient knowledge as to what Respondents are aware of related to the proposed private roads described by Petitioners in the Complaint and are further without knowledge of the potential for additional harm as stated in Paragraph 59. 60. Petitioners are without sufficient knowledge to respond to the averment in Paragraph 60. WHEREFORE, Petitioners respectfully request the following from this Honorable Court: (a) Commence a proceeding to open a private road pursuant to 36 P.S. § 2731, et seq. ; (b) Appoint a Board of Viewers to view the proposed private road site and file their report with this Honorable Court as required under 36 P.S. § 2731; (c) Enter an order establishing a private road pursuant to 36 P.S. § 2732 for ingress and egress to and from Petitioners' Property; (d) Instruct the Board of Viewers to assess reasonable damages sustained by the affected property owners to be paid by Petitioners pursuant to 36 P.S. § 2736; and (e) Any and all other relief to which Petitioners may be entitled hereunder. Respectfully submitted, SALZMANN HUGHES, P.C. G. Bryan Salzmann, squire Attorney ID No. 61935 Susann B. Morrison, Esquire Attorney ID No. 77041 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 Telephone: (717) 249-6333 Facsimile: (717) 249-7334 Attorneys for Petitioners, Gary E. McMullen and Jodi L. McMullen VERIFICATION We hereby verify and acknowledge that we have read the information set forth in the foregoing PETITIONER'S REPLY TO NEW MATTER and that the facts stated therein are true and correct to the best of our knowledge, information and belief. We understand that any false statements contained herein are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsifications to authorities. Gary E. McMullen, Petitioner ?. VA. Jodi L. McMullen, Petitioner GARY E. McMULLEN AND JODI L. MCMULLEN,: IN THE COURT OF COMMON PLEAS Petitioners : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. ELMER E. KROUT, JR., and D. JOANNE KROUT,: CARL F. MYERS and ESTHER ELIZABETH MYERS, CARROL F. TRACEY, JOSEPH M. BARRICK and GARY A. BARRICK, JEFFREY A. WILBUR and HOLLY J. WILBUR, RONALD L. CRANDY Respondents : CIVIL ACTION - LAW : NO. 09-6158 CIVIL STATUTORY PRIVATE ROAD PROCEEDING UNDER 36 P.S. § 2731 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this 27th day of October, 2009, a copy of Petitioner's Reply to New Matter was served by First Class Mail upon the following: Christian Daghir, Esquire Attorney for Respondents (other than Ronald L. Crandy) Etzweiler & Associates 105 North Front Street Harrisburg, PA 17101 Ronald L. Crandy 134 Willow Lake Drive Carlisle, PA 17013 pwa'd b44P? Susann B. M rriso Esquire Salzmann Hughes, P.C. Supreme Court I.D. # 77041 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 (717) 249-6333 Attorney for Petitioners F LEIY r? ICE OF THE FR"31,4110NOTARY' 2004 OCT 27 PM 3: 5 d cut,., 1'uti;Y GARY E. MCMULLEN AND JODI L. MCMULLEN, PETITIONERS V. ELMER E. KROUT, JR., AND D. JOANNE KROUT, CARL F. MYERS AND ESTHER ELIZABETH MYERS, CARROL F. TRACEY, JOSEPH M. BARRICK AND GARY A. BARRICK, JEFFREY A. WILBUR AND HOLLY J. WILBUR, RONALD L. CRANDY, RESPONDENTS AND NOW, this IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-6158 CIVIL TERM ORDER OF COURT 25 day of October, 2009, William A. Duncan, Esquire, James Sheya and Gary Sausser are appointed a Board of Viewers in the above-captioned matter. By the Edgar B. Bayley/J. Susann B. Morrison, Esquire For Petitioners Christian S. Daghir, Esquire For Respondents William A. Duncan, Esquire Chairman, Board of Viewers Ronald L. Crandy 1134 Wilow Lake Drive Carlisle, PA 17013 APT :sal V/_" i ALFA- IFFICE OF THE PPOTHOWITARY 2009 OCT 29 PM 1: 5 7 PENNS?'l:VANIA v' k; f .H 1f Christian S. Daghir, Esquire Etzweiler and Associates 105 North Front Street Harrisburg, PA 17101 (717) 234-5600 Attorney for Respondents Krout, Myers, Tracey, Barrick and Wilbur GARY E. McMULLEN and JODI L. McMULLEN Petitioners Vs. ELMER E. KROUT, JR., and D. JOANNE KROUT, CARL F. MYERS and ESTHER ELIZABETH MYERS, CARROL F. TRACEY, JOSEPH M. BARRICK and GARY A. BARRICK, JEFFREY A. WILBUR and HOLLY J. WILBUR, and RONALD L. CRANDY, Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 09-6158 CIVIL Statutory Private Road Proceeding Under 36 P.S. §2731 PETITION FOR RULE TO SHOW CAUSE WHY A VIEW OF THE LANDS OF RESPONDENT RONALD L. CRANDY SHOULD NOT BE TAKEN Respondents, D. Joanne Krout', Carl F. Myers and Esther Elizabeth Myers, Carrol F. Tracey, Joseph M. Barrick and Gary A. Barrick, and Jeffrey A. Wilbur and Holly J. I Elmer E. Krout, Jr. is deceased. He passed away on July 11, 2006. G:\ W P\DOC\CI V.FLEPRI V-RD.FLETRI V-RD.DOMMcMullenRule.wpd 1 Wilbur, by and through their undersigned counsel, Etzweiler and Associates, petitions this Honorable Court for a Rule to Show Cause as follows: 1. On September 11, 2009, Gary E. McMullen and Jodi L. McMullen filed a Petition for the Appointment of a Board of Viewers naming the above-captioned Respondents. 2. Respondents, D. Joanne Krout, Carl F. Myers and Esther Elizabeth Myers, Carrol F. Tracey, Joseph M. Barrick and Gary A. Barrick, and Jeffrey A. Wilbur and Holly J. Wilbur are represented by the undersigned counsel. 3. Respondent, Ronald L. Crandy, is pro se.' 4. On September 14, 2009, the Respondents were served with a copy of the Petition by the Sheriff of Cumberland County. 5. On September 15, 2009, Ronald L. Crandy was served with a copy of the Petition by the Sheriff of Cumberland County at his residence located at 134 Willow Lake Drive, Silver Spring Township, Cumberland County, Pennsylvania. 6. On September 15, 2009, the Honorable Edgar B. Bayley, of the Court of Common Pleas of Cumberland County, Pennsylvania, issued a Rule upon the Respondents and Ronald L. Crandy to show cause why a board of viewers should not be appointed. 7. Ronald L. Crandy filed a letter to Judge Bayley in response to the Petition on September 22, 2009. 8. The Respondents filed an Answer to the Petition With New Matter on Z For purposes of this Petition, all of the Respondents with the exception of Ronald L. Crandy shall be identified as the "Respondents", and any references to Ronald L. Crandy will be in his name alone. CP.WP\DOCICIV.FLE.PRIV-RD.FLE\PRIV-RD.DONUAcMullenRule.wpd 2 October 5, 2009. 9. On October 27, 2009, Petitioners filed a Reply to the Respondents' New Matter. 10. By Order of Court dated October 29, 2009, William A. Duncan, Esquire, James P. Sheya and R. Gary Sausser were appointed a Board of Viewers in the above-captioned matter by Judge Bayley. 11. The Board of Viewers decided to hold bifurcated hearings regarding the proceedings on the Petition with the initial hearing to be limited to evidence and testimony regarding the necessity for a private road. 12. On November 4, 2010, the parties and the Board of Viewers met for a view of the Petitioners' property and surrounding area; however, due to inclement weather, the view was stayed until January 11, 2011. 13. The Respondents believe that Ronald L. Crandy was served with Notices of Views on November 4, 2010 and January 11, 2011 by certified mail, return receipt requested. 14. On January 11, 2011, a view of the Petitioners' property and surrounding area was taken by the Board of Viewers, the Petitioners, the Respondents and their counsel. 15. Ronald L. Crandy did not attend the view scheduled for November 4, 2010, or the view taken on January 11, 2011. 16. On January 20, 2011, and March 10, 2011, hearings were conducted by the Board of Viewers regarding the issue of the necessity of a private road. 17. Ronald L. Crandy attended the hearing on January 20, 2011, but did not Gr%WPIDOQQV.FLETRIV-RD.FLE\PRIV-RD.DOMMcMulle,Rule.wpd 3 attend the hearing on March 10, 2011. 18. Ronald L. Crandy did not present any testimony or offer any evidence at the hearing on January 20, 2011, or at the hearing on March 10, 2011. 19. On May 5, 2011, William A. Duncan, Esquire, Chairman of the Board of Viewers, notified counsel for the Petitioners and counsel for the Respondents that the Board of Viewers determined that the Petitioners showed the requisite necessity for a private road. A true and correct copy of correspondence dated May 5, 2011, from William A. Duncan, Esquire, is attached hereto as Exhibit "A" and is incorporated herein by reference. 20. By Notice dated May 18, 2011, the parties, including Ronald L. Crandy, were notified of a view of the premises on Tuesday, June 7, 2011, at 9:30 a.m. 21. On June 7, 2011, at the appointed time, the Board of Viewers, the Petitioners, the Respondents and their respective counsel and surveyors met at the cul-de-sac at the end of King Drive for the purpose of taking a view of the subject premises. A true and correct copy of the portion of the Cumberland County Tax map depicting the area in question is attached hereto as Exhibit "B" and is incorporated herein by reference. 22. Ronald L. Crandy did not attend the view on June 7, 2011. 23. The Board of Viewers and the parties present at the view initially decided to take a view of the Crandy property located at the end of the cul-de-sac on Willow Lake Drive. 24. When the Board of Viewers and the parties present at the view arrived at Ronald L. Crandy's property at 134 Willow Drive, there was a chain across the driveway to Ci \WP\Dfx1CIV.FLF\PRN-RD.FLF\PRN-RD _D0,"W.lle.R,A-?d 4 Ronald L. Crandy's property and there were several no trespassing signs conspicuously posted on the property. 25. The Board of Viewers decided not to view the property of Ronald L. Crandy because Ronald L. Crandy was not present, there was a chain across the driveway to the property and the property was conspicuously posted with no trespassing signs. 26. The Respondents are proposing that a private road be laid out over the property of Ronald L. Crandy to provide access to the lands of the Petitioners. 27. A view of the property of Ronald L. Crandy is necessary in order for the Board of Viewers to determine whether a private road should be laid out over the lands of Ronald L. Crandy to provide access to the lands of the Petitioners. 28. Access to the property of Ronald L. Crandy by the Respondents is necessary for the Respondents to estimate the assessment of damages for a proposed private road. 29. Ronald L. Crandy has confronted several of the parties to this action and others when those parties or other individuals were on or in the vicinity of the property of Ronald L. Crandy. 30. Respondents do not believe that Ronald L. Crandy will allow access to his property for a view of the property by the Board of Viewers or for an estimate of the assessment of damages by the surveyor and appraiser for the Respondents. 31. It is believed by the parties that if access to his property is attempted by the Board of Viewers or the other parties, Ronald L. Crandy will become confrontational and even hostile. '1V.Tp()CrIV.FLE\PRIV-RD.FLE\PR!V-RD-DQNW,M.)1-R.1,- d 5 32. The Respondents are entitled to a view of the Crandy property by the Board of Viewers and access to the Crandy property to make an estimate of the assessed damages to Mr. Crandy for the proposed laying out of a private road. 33. A hearing in this matter has been scheduled by the Board of Viewers for September 20, 2011, and September 21, 2011. 34. This Petition was prepared by the undersigned counsel for the Respondents at the suggestion of William A. Duncan, Esquire, Chairman of the Board of Viewers. 35. The undersigned counsel provided a copy of this Petition to Susann B. Morrison, Esquire, counsel for Petitioners, who indicated that she did not have any objection to the filing of the same. WHEREFORE, the Respondents respectfully request that this Honorable Court issue a Rule upon Ronald L. Crandy to show cause why a view ofthe property owned by Ronald L. Crandy should not be taken by the Board of Viewers and why access to the property owned by Ronald L. Crandy to make an estimate of assessed damages for a proposed road by the Respondents should not be allowed. Respectfully submitted, ETZWEILER AND ASSOCIATES By4s"-,e /d i44' Christian S. Dag r, Esquire Supreme Court I.D. #47741 105 N. Front Street Harrisburg, PA 17101 (717) 234-5600 Attorney for Respondents GA'AT000CIV.FLETRIV-Rb.f LETRIV-RU. 00MM,Mu11enRu)e.wpd 6 I, Christian S. Daghir, hereby verify that I am an attorney for the Respondents, authorized to make this verification because I, and not the Respondents have firsthand knowledge of the facts set forth in the foregoing petition and that the facts set forth therein are true and correct to the best of my knowledge, information and belief. I acknowledge that this verification is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Dated: June , 2011 Christian S. D ghir, Esquire 7 CERTIFICATE OF SERVICE AND NOW, this 9* day of June, 2011, I, Christian S. Daghir, Esquire, of the Law Offices of ETZWEILER & ASSOCIATES, Attorneys for Respondents, D. Joanne Krout, Carl F. Myers, Esther Elizabeth Myers, Carrol F. Tracey, Joseph M. Barrick, Gary A. Barrick, Jeffrey A. Wilbur and Holly J. Wilbur, hereby certify that I served a copy of the Petition For Rule to Show Cause Why a View of the Lands of the Respondent, Ronald L. Crandy, Should Not Be Taken in the above-captioned matter upon the Board of Viewers c/o William A. Duncan, Esquire, Chairman of the Board of Viewers, Susann B. Morrison, Esquire, Salzmann Hughes, P.C., counsel for Petitioners, and Respondent, Ronald L. Crandy, 134 Willow Lake Drive, Carlisle, PA 17013, this day by depositing the same in the United States Mail, postage prepaid, in the post office at Harrisburg, Pennsylvania. ETZWEILER & ASSOCIATES By. a -_ ? f Christian S. baghir, squire Supreme. Ct. I.D. No.47741 105 North Front Street Harrisburg, PA 17101 (717) 234-5600 Duncan & Hartman, P.C. Attorneys at Law One Irvine Row Carlisle, Pennsylvania 17013 William A. Duncan Susan J. Hartman May 5, 2011 Suzann B. Morrison, Esq. Christian Daghir, Esq. Saltzman Hughes, PC Etzweiler & Associates 354 Alexander Spring Road, Suite 1 105 North Front Street Carlisle, PA 17015 Harrisburg, PA 17101 RE: Mc Mullens v. Krout, Et. Al. Dear Counsel: The Board has reviewed the testimony, exhibits and proposed conjunction with a Hearing held to determine whether Petitioner had and a lack of legal access to Petitioner's land. (717) 249-7780 FAX (717) 249-7800 dhlaw@pa.net reports in shown "necessity" Both Petitioner and Respondents provided detailed information which greatly assisted the Board. Both Counsel ably presented the best possible arguments for their respective clients. If the Board finds an absence of "necessity" the case would be terminated. If the Board finds otherwise, the proceedings will continue until the Board determines an access route and the appropriate damages to be paid by Petitioner. After careful consideration, the Board, by a vote 2-1 vote with Sheya and Duncan voting in the affirmative and Sausser dissenting, has determined that the Petitioner has shown "necessity". Therefore, the Board will be viewing the proposed routes of access and conducting another Hearing for the purpose of laying out of the private road. The Board has determined that Petitioner does not have continuous access from a public road to his land. Further, the policies of the Appalachian Trail Conservancy, whether exercising or perhaps exceeding its authority, ccnstit? ate ar. ? unreasonable burden as to the portion of the access previously employed by Petitioner. Enclosed please find calendars for the months of May and June. The Board views on Tuesday or Thursday. We intend to view the premises before the end of June and conduct a Hearing in July. Therefore, we wish to set both dates as soon as possible. Yours truly, DUNCAN & HARTMAN, P.C. William A. Duncan WAD/jda Exhibit "A" jr 38-04-036" t i A McMullen WilbMcMullen Knout , T • 36-04:D369-M ?8-Q40389.0 i ?". Crandy w'• Barrick I:, ' s-b4 a 6s-c,18 '. Myers ?tk e, 36-04? 1 ?3 5 - • m?? ,.. ? .yr t . fit.. . ..4* 38.04..030"O Z r C- k J r 38-04 'y t ?{ •? ,?°;. •04.0 vw 38-04-"9-02 + 95-04-03Q7-007 v 38-0" 7-00- -04-036" ' ,,... p 04403d9-0 ?41 4369-01 .. -04-T 1-44 as *04 03WQti ? • 38-04-03603 M " A 94 ?'; ? ? .; , ... :. ? -04-0369-0 ?, ?1 ? v 369 0 4-0, -04-0369-00 -0 I: a a ? 1 r? - 036S4a " 36,0bt 14 - -0435- > `N 435%00? W, ? ?, t . ; 3+3-05-04301 w -05.0435 3r? a "`?^ -S 38-06,0i35•C Q •- r {? C p Exhibit "B" ti 0 -0,s35-1 t 6 -05-0435- s ?a .. -05.043 ,F +?y ?t t s MM1"RRR IX )unty Tax Mapping Source: Cumberland County Assessment Office Orthophotography: 2008 1 inch equals 639 feet Vector Data: on going updates" Crantad in OrcrlR 4 9 ncinn AtreRA-n u'': GARY E. McMULLEN and JODI L. McMULLEN Petitioners Vs. ELMER E. KROUT, JR., and D. JOANNE KROUT, CARL F. MYERS and ESTHER ELIZABETH MYERS, CARROL F. TRACEY, JOSEPH M. BARRICK and GARY A. BARRICK, JEFFREY A. WILBUR and HOLLY J. WILBUR, and RONALD L. CRANDY, Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vy-' NO. 09-6158 CIVIL ,r r"- Statutory Private Road Proceeding Under 36 P.S. §2731 ORDER ct? AND NOW, this 15 day of ???,? , 2011, upon consideration of the foregoing Petition For Rule to Show Cause Why a View of the Lands of the Respondent, Ronald L. Crandy, ShouldNot Be Taken, it is hereby ordered that a Rule is issued upon Ronald L. Crandy to show cause why a view ofthe lands ofthe Respondent, Ronald L. Crandy, should not be taken and why access to the property owned by Ronald L. Crandy to make an estimate of assessed damages by the other Respondents for a proposed private road should not be allowed. Returnable within ?o?usa?nn ?. Morriaax.., ??i onoJd ?..Crc?x?dy v Chrls?ias? ?• ?1??ir, ?. z0 ff11???? D? days of service. BY THE COURT: GARY E. McMULLEN and JODI L. McMULLEN Petitioners Vs. ELMER E. KROUT, JR. AND D. JOANNE KROUT, CARL F. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MYERS and EST HER ELIZABETH r? r., MYERS, CARROL F. TRACEY, NO. 09-6158 CIVIL -- JOSEPH M. BARRICK and rn Co =M e- GARY A. BARRICK, JEFFREY Statutory Private Road Proceed A. WILBUR and HOLLY J. Under 36 P.S. §2731 -t a WILBUR, and RONALD L. CRANDY, ? Respondents r ANSWER TO PETITION FOR RULE TO SHOW CAUSE WHY A VAI OF THE LANDS OF RESPONDENT, RONALD L. CRANDY, SHOULD NOT BE TAKEN WITH NEW MATTER a -n p - 4(-) = -tj (7) - , I, Ronald L. Crandy, Respondent, pro se, file the following reply to Answer to Petition for Rule to Show Cause Why a View of the Lands of Respondent, Ronald L. Crandy, Should Not Be Taken With. New Matter to be considered. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Admitted. 1 12. Admitted. 13. Admitted. 14. Admitted. 15. Admitted. 16. Admitted. 17. Admitted. 18. Admitted in part and denied in part. It is admitted that I did not present any testimony or offer any evidence at the hearing on January 20, 2011. It is denied that this was my choosing. I had full intentions of questioning Gary E. McMullen and his witnesses and presenting my own testimony at the hearing on January 20, 2011. Two things happened that day that I feel was wrong. There was no stenographer present. The Petitioners counsel and Respondents counsel decided to go ahead with the hearing without a stenographer. They did not confer with me, who was pro se, if this was acceptable. Under no circumstances would have I agreed to this if I would have been asked. Also, I was told by William A. Duncan, Chairman of the Board of Viewers, that day that I wasn't going to be allowed to participate in these hearings because I didn't have a lawyer to represent me. In fact, I wasn't allowed to participate on January 20, 2011 and because of this is why I didn't attend the hearing on March 10, 2011. Shortly after the hearing on January 20, 2011, I called the Respondents counsel, Christian S. Daghir, on the phone. I asked him if what William Duncan did that day pertaining to me being allowed to participate was legal or not. I will now quote his reply to me: "Ron, I have never seen anything like that in my entire life. First the Petitioners made you part of this when they named you as a defendant in this civil action. Then the Viewers sent you about a half dozen letters asking you to come and participate in these hearings, but when you got there, you were told you were not allowed to participate. That is unbelievable." 2 19. Admitted. 20. Admitted. 21. I cannot respond to this because I was not present to say if anyone was present or not. 22. Admitted in part and denied in part. It is admitted that I did not attend the view on June 7, 2011. It is denied that this was my choosing. Twice on January 20, 2011 I was scolded by William A. Duncan, Chairman of the Board of Viewers in front of everybody, if I don't get a lawyer for phase 2 of these proceedings that I would not be allowed to participate at all in that proceeding either. Since I wanted to represent myself and I haven't gotten a lawyer, I am only following his directive that I am not allowed to participate in these proceedings. This is why I didn't waste my time and attend the view on June 7, 2011. 23. I cannot respond to this because I was not present to know whether this was said. 24. Admitted in part and denied in part. It is admitted that there was a chain across my driveway and there are no hunting signs located on my property just like the ones that are located on the other Respondents property. It is denied that this chain was put up to prevent the Board of Viewers from doing their job that day. I work third shift and work 4 ten hour days. I start at 2200 hours and get off at 0830. I am very tired when I get home at 0900. I go right to bed when I get home. If someone drives up my driveway my dogs will start barking and wake me up. It is very important that I get my sleep because I work at 70 feet in the air and sometimes on a two inch ledge. I didn't feel that there would be any reason at all that anyone would have to drive up my driveway to do the view. There is plenty of parking at the cul-de-sac and that is where the view was to start. I don't think I was out of line at all for putting up the chain to prevent my sleep from being disturbed. It is also denied that these signs were conspicuously 3 posted that day for the Board of Viewers or anyone else. These signs have been posted there since 1985 when I bought my property. 25. I cannot respond to this because I was not present, but I do not believe that the Board of Viewers would have said this in that manner. 26. Admitted. 27. Admitted. 28. Admitted. 29. Denied as stated. I deny that I confronted several of the parties to this action or others for just being in the vicinity of or on my property. 30. Denied as stated. I deny that I would ever prevent the Board of Viewers access to my property to access the damages by the surveyor and appraiser for the Respondents. 31. Denied as stated. I deny that I would have been confrontational or hostile for accessing my property. 32. Admitted. 33. Admitted in part and denied in part. It is admitted that there is going to be a hearing on September 20-21, 2011 to determine a right of way for said premises, as per the letter I received from William Duncan. It is denied as stated that this hearing is just for this matter of the View that was supposed to have been done of my property, as the letter received from William Duncan does not state this. 34. I cannot respond to this because I have no knowledge of knowing if this is true or not. 35. I cannot respond to this because I have no knowledge of knowing if this is true or not. 4 WHEREFORE, at this time I would like to address the Honorable Court and ask it to postpone the view of my property and estimate of assessed damages for a proposed private road by the Respondents and the Board of Viewers. I believe the Honorable Court and everyone else that is involved would all agree without a doubt how important it is to get a true estimate of assessed damages for the proposed private road by the Petitioners. I do not believe at this time that this could happen. Let us look at the original petition served to me on September 15, 2009 by the sheriff of Cumberland County. At paragraph 23 it states extending south along the western boundary of the Myer's property known as 117 Glendale Drive, going west across the southwestern boundary of the Crandy property and extending to Willow Lake Drive. It is impossible to get to my southwestern boundary without going through William Breen's property first. At this time I am asking the Honorable Court to have the Petitioners serve notice to William Breen that he is now part of this civil action. At paragraph 24 it states Willow Lake Drive is a public road. It is not a public road, it is a private road owned and maintained by Richard Angino. So at this time I am asking the Honorable Court to have the Petitioners serve notice to Richard Angino that he is now a part of this civil action. Because these two land owners were never notified or have been made part of this civil action, I would like to address this question. Does the state of Pennsylvania give that much power to the Board of Viewers that they can take someone's property without them ever being notified? At paragraph 24 it states the lands on the Crandy property are well suited for a private road and little injury will result to private property based on the location of the proposed private road. This is not true as it will result in massive dollar damages to my property. 5 At paragraph 23 it states they are going across my southwestern boundary of my property extending to Willow Lake Drive. I own 50 feet from my southwestern boundary extending 370 feet to Willow Lake Drive. Right now there is a subdivision plan on hold until Richard Angino turns the road over to the township, which gives 25 feet of this 50 feet to my house and 13 acres. The other 25 feet of this 50 feet goes to my trailer and 22 acres. If I were to lose possession of any of this 50 feet my subdivision plan would be disapproved by Silver Spring Township, which would result in approximately $30,000 of damages right off the bat. Since I was going to make my trailer and 22 acres a rental property I would lose somewhere between $50,000 to $100,000 for every ten years that I would not be able to rent it out. Since Silver Spring Township's rules state that I can make six lots out of my 35 acres and since Richard Angino sold two lots that border my property for approximately $55,000 an acre, this would also result in approximately $750,000 to $1,000,000 in damages to my property if I were to lose possession of any of this 50 feet. At paragraph 25 it states that due to the topography of the surrounding mountainous properties the two alternatively proposed private roads present the only reasonable locations for access to Petitioners property. That is not true, they could come down the Meyer's property across Breen's property and then instead of going across my southwestern boundary interfering with my present subdivision plan, they could go across Richard Angino's lot #9 northwestern boundary and then down lot #9's western boundary to Willow Lake Drive. Furthermore they wouldn't interfere with any present or future subdivision plans of my property. This would be a better route than going across my property, due to the fact that no one owns lot #9 yet and it is approximately 5 acres, which the Township requires it to only be 3 acres. Since no one has 6 bought it yet they wouldn't know they lost anything when they would purchase it. As of now it is up for sale by Richard Angino. I have no intentions of going to the September 20-21, 2011 hearing because I have already been told by William Duncan, chairman of the Board of Viewers that he will not permit any testimony by me because I am not represented by counsel. It would be a complete waste of my time to go there and not be allowed to testify. If nobody that is involved with this feels that nothing I have brought up has any bearing on the view and the estimate of assessed damages for the proposed road by the Petitioners, then I Ronald L. Crandy give permission for the Board of Viewers and Respondents to come on my property by foot to do their estimate of assessed damages, without doing damage to any of my trees. Respectfully submitted, (QtdJ L Ronald L. Crandy 7 I, Ronald L. Crandy, have first hand knowledge of the facts set forth in the foregoing answer with new matter that the facts set forth herein are true and correct to the best of my knowledge, information and belief. Dated: June 20, 2011 Ronald L. Crandy 8 CERTIFICATE OF SERVICE I, the undersigned, herby certify that on this 20'h day of June, 2011, a copy of Answer to Petition for Rule to Show Cause Why a View of the Lands of Respondent, Ronald L. Crandy, Should Not Be Taken With New Matter was served by First Class Mail upon the following: William A. Duncan, Esquire Duncan & Hartman, P.C. One Irvine Row Carlisle, PA 17013 Christian S. Daghir, Esquire Etzweiler & Associates 105 North Front Street Harrisburg, PA 17101 Susan B. Morrison, Esquire Salzmann Hughes, P.C. 354 Alexander Spring Road, Suite 1 Carlisle, PA 17015 d j I Ronald L. Crandy 134 Willow Lake Drive Carlisle, PA 17015 CIF • 45 It, 11% 2,4 k1K 10• IOABERLAQV Oi?1Y ?54S`?? Christian S. Daghir, Esquire Etzweiler and Associates 105 North Front Street, Suite 100 Harrisburg, PA 17101 Telephone: (717) 234-5600 Fax: (717) 234-5610 Email: retzweiler&comcast.net Attorney for Respondents GARY E. MCMULLEN AND JODI IN THE COURT OF COMMON PLEAS L. MCMULLEN, : CUMBERLAND COUNTY, PENNSYLVANIA Petitioners V. : NO. 09-6158 CIVIL ELMER E. KROUT, JR. and D. JOANNE CIVIL ACTION - LAW KROUT, CARL F. MYERS and ESTHER ELIZABETH MYERS, CARROL F. : STATUTORY ROAD PROCEEDING UNDER TRACEY, JOSEPH M. BARRICK and :36 P.S. §2731 GARY A. BARRICK, JEFFREY A. WILBUR and HOLLY J. WILBUR, : RONALD L. CRANDY, : Respondents CERTIFICATE OF READINESS The undersigned counsel, Christian S. Daghir, Esquire, of Etzweiler and Associates, for Respondents D. Joanne Krout, Carl F. Myers and Esther Elizabeth Myers, H:\CIVFL@\mumullen v. kmut.COR Carrl F. Tracey, Joseph M. Barrick and Gary A. Barrick, Jeffrey A. Wilbur and Holly J. Wilbur, files this Certificate of Readiness averring as follows: 1. On June 10, 2011, the undersigned counsel filed a Petition for a Rule to Show Cause Why a View of the Lands of Respondent, Ronald L. Crandy, should not be taken. 2. On June 15, 2011, this Honorable Court issued a Rule returnable within twenty (20) days of service upon Ronald L. Crandy to show cause why a view of the lands of the Respondent, Ronald L. Crandy, should not be taken and why access to the property owned by Ronald L. Crandy to make an estimate of assessed damages by the other Respondents for a proposed private road should not be allowed. 3. On June 20,2011 , Respondent, Ronald L. Crandy, filed an Answer to Petition raising no disputed issues of material fact regarding the taking of a view of the lands of Ronald L. Crandy and allowing access to the land owned by Ronald L. Crandy to make an estimate of assessed damages by the other Respondents for a proposed road. 4. Respondent Crandy's Answer alleges additional facts and contains arguments that do not pertain to the issue of whether a view should be taken or whether access for an assessment of damages should be allowed. 5. Pursuant to Pa.R.C.P. Rule 206.7(b), counsel for the above-named Respondents respectfully requests the Court to decide the Petition filed by the undersigned counsel on the Petition and the Answer filed by Ronald L. Crandy. 6. The undersigned counsel contacted Susann B. Morrison, Esquire, counsel for Petitioners, who indicated that she did not object to the filing of this Certificate of Readiness. H:\CIV.FLP\mumu)len v. kroULCOR 2 GARY E. MCMULLEN AND JODI L. MCMULLEN, Petitioners V. ELMER E. KROUT, JR. and D. JOANNE KROUT, CARL F. MYERS and ESTHER ELIZABETH MYERS, CARROL F. TRACEY, JOSEPH M. BARRICK and GARY A. BARRICK, JEFFREY A. WILBUR and HOLLY J. WILBUR, RONALD L. CRANDY, Respondents IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 09-6158 CIVIL : CIVIL ACTION - LAW STATUTORY ROAD PROCEEDING UNDER 36 P.S. §2731 CERTIFICATE OF SERVICE AND NOW, this 23rd day of June, 2011, I, Christian S. Daghir, Esquire, of the Law Offices of ETZWEILER & ASSOCIATES, Attorneys for Respondents D. Joanne Krout, Carl F. Myers and Esther Elizabeth Myers, Carrol F. Tracey, Joseph M. Barrick and Gary A. Barrick, Jeffrey A. Wilbur and Holly J. Wilbur, hereby certify that I served a copy of the Certificate of Readiness in the above- captioned matter upon William A. Duncan, Esquire, Chairman of the Board of Viewers, Duncan & Hartman, P.C., One Irvine Row, Carlisle, PA 17013, Susann B. Morrison, Esquire, Salzmann Hughes, P.C., 3 54 Alexander Spring Road, Suite 1, Carlisle, PA 17015, Attorney for Petitioners, and Respondent Ronald L. Crandy, pro se, 134 Willow Lake Drive, Carlisle, PA 17015-0933, this day by depositing the same in the United States Mail, postage prepaid, in the post office at Harrisburg, Pennsylvania. ETZWEILER & ASSOCIATES y:/1lis.. il! BJC Christian S. Daghir, EQuire Supreme Ct. I.D. No.47741 105 North Front Street Harrisburg, PA 17101 (717) 234-5600 HifIVFLF\..-jj,, v_ k-tCOR 7. The undersigned counsel telephoned the Respondent Ronald L. Crandy about the undersigned counsel's intent to file this Certificate of Readiness and left a message on Mr. Crandy's answering machine. WHEREFORE, the undersigned counsel respectfully requests that the Court decide the Petition on the Petition and Answer. Respectfully submitted, Christian S. Daghir, Esq Supreme Ct. I.D. No.47741 Etzweiler and Associates 105 North Front Street, Suite 100 Harrisburg, PA 17101 Telephone: (717) 234-5600 Fax: (717) 234-5610 Email: retzweiler agcomcast.net Attorney for Respondents 11 1CIV.FLC\mumullen ?. kraut. COR 3 GARY E. MCMULLEN AND IN THE COURT OF COMMON PLEAS OF CDI JODI L. MCMULLEN, CUMBERLAND COUNTY, PENNSYLVA == -+ Petitioners CIVIL ACTION - LAW VS. NO. 09-6158 CIVIL - -- `' ELMER E. KROUT, JR. AND #F, D. JOANNE KROUT, RONALD L.: CRANDY, ET AL., ., Respondents : IN RE: PETITION FOR RULE TO SHOW CAUSE WHY A VIEW OF THE LANDS OVER LANDS OF RONALD L. CRANDY SHOULD NOT BE TAKEN ORDER AND NOW, this day of July, 2011, a brief hearing for the purpose of scheduling a time for the view of the lands of respondent, Ronald L. Crandy, is set for Friday, July 29, 2011, at 9:15 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. The respondent, Ronald L. Crandy, is ordered and directed to appear for said hearing unless prior thereto he has communicated with William A. Duncan, Esquire, Chairman of the Board of View, and a mutually convenient time for the view has been agreed upon. BY THE COURT, `f/ Kevin ,d. Hess, P. J. Susan B. Morrison, Esquire For the Petitioners ? Christian S. Daghir, Esquire For the Respondents Ronald L. Crandy, Pro Se 134 William Lake Drive Carlisle, PA 17013 William A. Duncan, Esquire Chairman, Board of View 4ies n Am GARY E. McMULLEN and JODI L. McMULLEN, Petitioners V ELMER E. KROUT, JR., and D. JOANNE KROUT, CARL F. MYERS and ESTHER ELIZABETH MYERS, CARROL F. TRACEY, JOSEPH M. BARRICK and GARY A. BARRICK, JEFFREY A. WILBUR and HOLLY J. WILBUR and RONALD L. CRANDY, Respondents IN THE COURT OF COMMON PLEAS OF f'-) CUMBERLAND COUNTY, PENNSYLV= f1.3 IA-? CIVIL ACTION - LAW ?m ? r-- = NO. 2009-6158 CIVIL TERM -G Statutory Private Road 3 Proceeding Under r-- il-Q 36 P.S. Section 2731 IN RE: VIEW SCHEDULED ORDER OF COURT AND NOW, this 29th day of July, 2011, this matter having been called for hearing, and on agreement of the parties, a view in this case is set for Thursday, August 25, 2011, at 9:15 a.m. By the Court, ./ William Duncan, Esquire For Board of View ? Kurt E. Williams, Esquire For Petitioners ? Christian S. Daghir, Esquire For Respondents Mr. Ronald L. Crandy 134 Willow Lake Drive Carlisle, PA 17015 :bg Kevi . Hess, P.J. ooe-s rr C ---t cD